Posts tagged warrants
Posted by Judy Morris
NJ Supreme Court Rules Law Enforcement Must Obtain Warrants to Track Cell Phones
TRENTON — In a trailblazing decision that expands electronic privacy rights in New Jersey, the state Supreme Court ruled today that law enforcement agencies must get warrants if they want to track crime suspects by tracing the signals from their cell phones.
“Cell phones are not meant to serve as tracking devices to locate their owners wherever they may be,” Chief Justice Stuart Rabner wrote in the 7-0 decision.
The state’s high court is the first in the country to impose such a ruling, and former state justices and legal experts said the decision could ripple throughout the states and in federal courts wrestling with the same questions on the collection and use of electronic data.
Read the rest at NJ.com, here.
WHICH INTERNET COMPANY HASN’T GIVEN THE U.S. GOVERNMENT ITS RECORDS?
NEW YORK: Outraged Internet users searching for an alternative to the privacy-busting companies they’d trusted are turning to a company that provides what it calls, “the world’s most private search engines.”
StartPage and its sister search engine Ixquick were launched in 2006 to staunchly defend their users’ privacy and civil liberties. StartPage provides a private portal to Google results, while Ixquick provides private results from other search engines.
The services have not participated in PRISM, nor have they ever provided user data to the U.S. government or to any other government or agency in the U.S. or anywhere in the world.
That is more than nine of the biggest Internet companies — Apple, Google, Microsoft, Yahoo, Facebook, YouTube, PalTalk, AOL and Skype — can say.
“The Privacy of our users rests on three important foundations,” explains StartPage and Ixquick CEO Robert Beens. “We are based in the Netherlands, we use encrypted connections, and — most importantly — we don’t store or share any of our users’ personal search data.”
- No User Data Stored: StartPage and Ixquick never store user data, including IP addresses and search queries, so government agencies have no incentive to ask for these. This privacy is so complete; the company doesn’t even know who its customers are, so it can’t share anything with Big Brother.
- Encrypted (HTTPS) Connections: StartPage and Ixquick were the first search engines to use automatic encryption on all connections to prevent snooping. When searches are encrypted, third parties like ISP’s and the NSA can’t avesdrop on Internet connections to see what people are searching for.
- Not Under U.S. Jurisdiction: StartPage and Ixquick are based in the Netherlands, so they are not directly subject to U.S. regulations, warrants, or court orders. They can’t be forced to participate in spying programs like PRISM. The company has never turned over a single bit of user data to any government entity in the 14 years it has been in business, which is not surprising since there is no data in the first place.
StartPage and Ixquick are also the only search engines whose privacy practices have been independently verified and third-party certified through the European Union’s Privacy Seal program.
“Unfortunately, it takes a scandal like PRISM to wake people up to the erosion of privacy”, says Harvard-trained privacy expert Dr. Katherine Albrecht, who helped develop StartPage. “As people get fed up with being spied on, they look for alternatives. We already serve nearly 3 million private searches each day, and we expect that number to grow as people seek shelter from search engines that store and share their private information.”
The company will expand its privacy services this summer with the addition of a new private email product called StartMail. StartMail will offer a paid, private email platform with strong encryption. Anyone interested in beta testing the program on its release can sign up at www.StartMail.com
My choice since mid 2009, thanks to Katherine Albrecht.
An unnamed California healthcare provider is suing the embattled Internal Revenue Service (IRS) and 15 agents for allegedly seizing 60,000,000 medical records belonging to “more than 10,000,000 Americans, including at least 1,000,000 Californians.”
The complaint, posted by National Review, states that IRS agents’ search warrant for financial information did “not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter.”
The medical records reportedly included sensitive private information about individuals’ gynecological counseling, sexual and drug treatment, and psychological services received.
Read the rest at Breitbart: http://www.breitbart.com/Big-Government/2013/05/17/Claim-IRS-Illegally-Seized-60-Million-Private-Medical-Records
The TSA is effectively an unconstitutional, carcinogenic petting zoo. Deep down, we all feel that the airport security system is an FDA-approved rubdown and radiation parlor. But we are busy, rushing to catch flights, and we tell ourselves it is for our “safety.” So, like sheep, we comply.
The TSA security process is in violation of the law of the land, specifically the Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Let’s be honest, when I “opt” for a pat-down over a blast of cancer-inducing radiation, it is not a choice—it is a preference for the lesser of two fixed evils. A pat- down is a clear violation of my “person;” there is no probable cause warranting random government agents to feel me up for weapons.
The pat-down system also violates my right to be secure in my “papers and effects.” Every time I get a pat-down, my personal property is subject to theft. The TSA pat-down process does nothing to prevent an unconscionable person (going through the scanner) from taking advantage of the fact that I’m helplessly standing behind waiting for a pat-down—unable to monitor my luggage.
Because, here is what normally happens: I inform the TSA agent, “I’m opting out.” The agent then calls for a “female assist” and asks me to step aside. I wait (occasionally up to 10 minutes) for a pat-down. Meanwhile my luggage—including my purse, iPhone, MacBook Pro and other valuables—travel the conveyer belt and idle on the other side of the X-ray machine where anyone could easily walk off with them.
On a recent flight out of Minneapolis-St. Paul International Airport, a female TSA agent (who was openly annoyed at the prospect of doing her job and giving me a pat-down while oddly assuming that I yearned for her to touch me) said: “Well, if you ask for one, we have to give you one. So, are you just doing this for the free massage we give you?” I wanted to respond: “No way, pervert.” But, since I wanted to make my flight, I replied: “No. I just don’t want the radiation.”
3,778 service calls were made between May of 2010 and May of 2011 to address mechanical issues in backscatter X-ray machines, according to a TSA report.
Yet another great article by Mike Adams at NaturalNews.com!
Wednesday, July 04, 2012
by Mike Adams, the Health Ranger
Editor of NaturalNews.com
• Tyranny under a government that respects no right to due process.
• Taxation without representation.
• Living as a “subject” under a government that believes it owns you.
• Being subjected to secret arrests and imprisonment, held without being charged.
• Oppression of the right to exercise free speech and public protest.
• Illegal searches and seizures, without warrants.
• Having your livelihood confiscated from you by an increasingly bloated government and its overzealous tax collectors.
Given that Independence Day is a celebration of freedom from the tyranny and oppression described above, you might wonder why America even bothers to celebrate the holiday these days. After all, virtually everything America once fought for in the Revolutionary War has now come back to haunt us all through the arrogant, bloated bureaucracy of our own government. The TSA, for example, routinely violates Americans in much the same way British soldiers did in 1782. Except the British soldiers actually had something resembling a code of honor, whereas the TSA deliberately hires sociopaths, pedophiles and criminals to molest air travelers (http://www.naturalnews.com/036346_TSA_pedophiles_whistleblower.html).
As Lew Rockwell explains, all governments are inherently evil because they incessantly seek to grow their power at the expense of liberty. There is no such thing as a government that seeks to “serve” the People. Instead, government simply pretends to serve the interests of the People in order to convince voters to give it more power — power that it often uses against the People.
You’ll notice, by the way, that even with the upcoming presidential election in the USA, there is no choice to vote for “smaller government.” The only two choices are Big Government (Mitt Romney) and Ridiculously Big Government (Obama). The true small government choice, Ron Paul, was unfairly marginalized by the media from the get-go.
If this question had been asked by a fictional character in a spy thriller, it might intrigue you, but you wouldn’t imagine that it could be true in reality. If the Constitution means what it says, you wouldn’t even consider the plausibility of an affirmative answer. After all, the Fourth Amendment to the Constitution was written to prevent the government from violating on a whim or a hunch or a vendetta that uniquely American right: the right to be left alone.
Everyone wants, at some point in the day, at some places in the home, to be left alone. The colonists who fought the war of secession from Great Britain were no different. But that war and the wish to keep the government at bay had been heightened by the colonial experiences involved in the enforcement of the Stamp Act.
That law, which applied to the colonies and not to residents of Great Britain, required that government stamps be purchased and printed on all legal, financial, and even political documents in the possession of every colonist. The enforcement of that law — which was done by British soldiers who entered private homes armed not only with guns but also with search warrants that they had written for themselves, which Parliament authorized them to do — was so disturbing and resulted in such anti-British political animosity that Parliament eventually rescinded the act.
But the damage to British rule had been done, and it was irreparable. After the Founders won the Revolution and wrote the Constitution and added the Bill of Rights, they rested in the assurance that only judges could issue search warrants “particularly describing the place to be searched and the persons or things to be seized,” and that judges could only do so if they found probable cause of criminal behavior in the place the government targeted.
The War on Drugs has regrettably weakened the intended protections of the Fourth Amendment, and the Patriot Act — which permits federal agents to write their own search warrants — has dealt it a serious blow. That act, which has not yet been ruled upon by the Supreme Court, fortunately has not yet animated the Supreme Court’s privacy jurisprudence. Last year, the court invalidated the police use of warrantless heat-seeking devices aimed at the home, and it will probably soon invalidate the warrantless use of GPS devices secretly planted by cops in cars.
Regrettably, unless the government attempts to use the data it has illegally gathered about a person, the person probably will not be aware of the government’s spying on him, and thus will not be in a position to challenge the spying in a court. Relying on the PATRIOT Act, federal agents have written their own search warrants just like the British soldiers did. They have done this more than 250,000 times since 2001. But the government has rarely used any evidence from these warrants in a criminal prosecution for fear that the targeted person would learn of the government’s unconstitutional and nefarious behavior, and for fear that the act would be invalidated by federal courts.
Now, back to the CIA in your kitchen. When Congress created the CIA in 1947, it expressly prohibited the agency from spying on Americans in America. Nevertheless, it turns out that if your microwave, burglar alarm, or dishwasher is of very recent vintage, and if it is connected to your personal computer, a CIA spy can tell when you are in the kitchen and when you are using that device. The person who revealed this last weekend also revealed that CIA software can learn your habits from all of this and then anticipate them.
Acting “diabolically” and hoping to “change fingerprints and eyeballs” in its “worldwide mission” to steal and keep secrets, the CIA can then gut the Fourth Amendment digitally, without ever physically entering anyone’s home. We already know that your BlackBerry or iPhone can tell a spy where you are and, when the battery is connected, what you are saying. But spies in the kitchen? Can this be true?
Who revealed all this last weekend? None other than Gen. David Petraeus himself, President Obama’s new director of the CIA. I wonder whether he knows about the Fourth Amendment and how the Supreme Court has interpreted it and that federal laws prohibit his spies from doing their work in America. I wonder whether he or the president even cares. Do you?
COPYRIGHT 2012 ANDREW P. NAPOLITANO. DISTRIBUTED BY CREATORS.COM.
A military force set up by the African Union to hunt down fugitive Ugandan warlord Joseph Kony is being launched in South Sudan.
The AU says the 5,000-strong force will exist for as long as it takes to capture or kill Mr Kony.
His Lord’s Resistance Army (LRA) is accused of rape, mutilation, murder and the recruitment of child soldiers.
Regional UN envoy Abou Moussa said Mr Kony was believed to be in the Central African Republic.
He said the LRA had dwindled in size but was still creating havoc.
Mr Kony and his close aides have been wanted by the International Criminal Court (ICC) in The Hague since 2005.
The AU mission comes in the wake of a huge Internet campaign targeting the LRA leader. The video – Kony2012 – has been viewed more than 100 million times on YouTube.
“We need to stop Kony with hardware – with military hardware in this case,” said Francisco Madeira, the AU’s special envoy on the LRA.
“We are on a mission to stop him.”