Tag: surveillance

Privacy Is Trust, Trust Is Freedom

James Walpole

Remember Google Glasses? Turns out they are still a thing.

Granted, they’re for manufacturing and specialty industrial purposes now. Google discovered that people weren’t quite ready for glasses that recorded everything.

I was talking with someone today about how useful it might be to have Google Glass in construction/maintenance/contracting work. He was remarking how it would be cool to be able to see what employees were doing.

I get it. There’s a strong incentive to minimize employee waste – because many employees really do waste time. And I have no doubt that some companies will try to implement greater levels of employee surveillance as technology increases.

But here’s the thing: only responsible people can create massive value for a business in the long term. Only people who are free will choose to be responsible. And only people who are trusted believe that they are free.

People who are watched – and know it? They’ll feel so much unease about avoiding the perception of unproductiveness that they’ll worry their way into it. Surveillance of any kind is an enemy to long-term productivity – at least of the kind worth keeping. Even a high-knowledge job with exorbitant pay would feel like slavery (and produce about the same poor results) if it was surveilled.

Privacy gives even employees some small piece of space or time to call their own. And ownership will be the better model, even if it isn’t perfect. Turn the cameras off.

Originally published at JamesWalpole.com.

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Find Out How To Put Your Money Where Your Mouth Is

James Walpole

It’s a dangerous thing to have too many convictions and too few actions to support those convictions.

It’s dangerous for all the obvious reasons: you tend to become a hypocrite, you tend not to actually help, etc. But it’s also dangerous for your ability to form new convictions. I’ve noticed it in myself: a growing feeling of being jaded at the problems I hear about in the news.

I could certainly be “aware” or “raise awareness” about the new issues of the day in community relations, environment, education, government, etc. But what would I really be adding? There are millions of people who make “awareness” their job.

And so I’ve tended in the past few years to focus my efforts on a few localized initiatives (church and community) and a handful of bigger ones (clean water, monetary freedom, education alternatives) while ignoring most of the “hot issues.”

But then there are things like the protests in Hong Kong.

From when I first heard about the large-scale resistance happening there in reaction against overreaching Chinese surveillance, it had been on the edge of my mind. I was opposed to the Chinese state, I was supportive of the cause of a free Hong Kong, but I was afraid to form much of an opinion partly for fear of becoming another “awareness raiser.” How could I really help that situation? The feeling of helplessness made me feel less like learning about the plight of the city, and I admit I buried my head in the sand about it.

Then I realized it was actually fairly easy to start putting my money where my heart was. There have been multiple GoFundMe’s started to fund supplies for the protestors (many of whom are just teenagers). Someone on Reddit put together a whole list of ways to support the city and its protestors.

I’ve started with just a small donation to the Hong Kong Free Press. I mean to do more. It will be small, but it will be something. And because I know how to help now, I expect I’ll be following these developments with a clearer eye now.

Aligning action with convictions has that clarifying effect. And the actions don’t have to be great.

Originally published at JamesWalpole.com.

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The USA PATRIOT Act: The Story of an Impulsive Bill That Eviscerated America’s Civil Liberties

Brian Miller

The USA PATRIOT Act provides a textbook example of how the United States federal government expands its power. An emergency happens, legitimate or otherwise. The media, playing its dutiful role as goad for greater government oversight, demands “something must be done.” Government power is massively expanded, with little regard for whether or not what is being done is efficacious, to say nothing of the overall impact on our nation’s civil liberties.

No goals are posted, because if targets are hit, this would necessitate the ending or scaling back of the program. Instead, the program becomes normalized. There are no questions asked about whether the program is accomplishing what it set out to do. It is now simply a part of American life and there is no going back.

The American public largely accepts the USA PATRIOT Act as a part of civic life as immutable, perhaps even more so than the Bill of Rights. However, this act – passed in the dead of night, with little to no oversight, in a panic after the biggest attack on American soil since Pearl Harbor – is not only novel, it is also fundamentally opposed to virtually every principle on which the United States of America was founded. It might not be going anywhere anytime soon, but patriots, liberty lovers and defenders of Constitutional government should nonetheless familiarize themselves with the onerous provisions of this law, which is nothing short of a full-throttle attack on the American republic.

What’s Even in the USA PATRIOT Act?

What is in the USA PATRIOT Act? In the Michael Moore film Fahrenheit 9/11, then Rep. John Conyers cracked wise about how no one had actually read the Act and how this was in fact par for the course with America’s laws. Thus, before delving into the deeper issues surrounding the PATRIOT Act, it is worth discussing what the Act actually says. Here’s a brief look at the 10 Titles in the PATRIOT Act:

  • Title I: Enhancing Domestic Security Against Terrorism: This provision dramatically expands the powers of the President, the military and the intelligence community whenever the specter of “terrorism” is invoked. Bizarrely, it contains a provision condemining discrimination against Arabs, Muslims and South Asians, which seems to have very little to do with protecting Americans from terrorism.
  • Title II: Enhanced Surveillance Procedures: Title II contains the meat of the Act with regard to massive, industrial-scale surveillance on the American public. Beyond the simple spying on Americans and their communications, Title II increases the ability of federal intelligence agencies to share your private communications with one another.
  • Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act: Not simply a section of the USA PATRIOT Act, Title III is an Act of Congress in its own right. You might have noticed how much more difficult it is to open a bank account or send a wire transfer after 9/11. You can blame this provision, which shredded banking privacy rights in the United States.
  • Title IV: Protecting the Border: Other than expanding the number of federal employees (of course), the provision of the USA PATRIOT Act charged with protecting America’s borders does little other than point toward paths for future action and study. It is worth noting that the weakest provision of the Act is the only one explicitly authorized by the Constitution — protecting the border.
  • Title V: Removing Obstacles to Investigating Terrorism: Title V authorizes bounties for the apprehension of alleged terrorists, broadens government power to conduct DNA analysis, allows for greater data sharing between law enforcement agencies and, perhaps most disturbingly, requires private telecommunication carriers to comply with government requests for electronic communication records whenever requested by the FBI. It also expands the power of the Secret Service to investigate computer fraud.
  • Title VI: Providing for Victims of Terrorism, Public Safety Officers and Their Families: Perhaps the most innocuous portion of the USA PATRIOT Act, Title VI provides for a victims’ fund for victims of terrorism and their families.
  • Title VII: Increased Information Sharing for Critical Infrastructure Protection: The subtitle of this section of the Act is a rather wordy way of saying that the United States federal government is allowing for law enforcement agencies to share information across jurisdictional boundaries in an easier fashion than was previously legal. To that end, the Bureau of Justice Assistance was given a $50,000,000 budget for 2002 and a whopping $100,000,000 budget for fiscal year 2003.
  • Title VIII: Strengthening the Criminal Laws Against Terrorism: Title VIII is where the rubber meets the road: What exactly is terrorism, according to the federal government? Unfortunately, this Title does little to clarify what terrorism is, instead focusing on declaring a number of actions (such as attacks on transit) as “terrorism,” regardless of intent.
  • Title IX: Improved Intelligence: The section subtitled “improved intelligence” largely expands the powers and responsibilities of the Director of Central Intelligence.
  • Title X: Miscellaneous: When the federal government titles a segment of a law “miscellaneous,” you know it’s going to include everything and the kitchen sink. And so it does: The definition of electronic surveillance, additional funds for the DEA in South and Central Asia, research on biometric scanning systems, a limitation on hazmat licensure and infrastructure protections are all addressed in Title X, which is a catchall for everything the federal government forgot to address in the first nine sections of the law.

Most of the provisions of the USA PATRIOT Act were set to sunset four years after the bill was passed into law. However, the law was extended first by President George W. Bush and then by President Barack H. Obama. The latter is particularly scandalous given that, at least in part, a rejection of the surveillance culture that permeated the Bush Administration was responsible for the election of Obama in 2008.

Continue reading The USA PATRIOT Act: The Story of an Impulsive Bill That Eviscerated America’s Civil Liberties at Ammo.com.

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Building a “Family Wall” Against Oppression

James Walpole

In Forty Autumns, author Nina Willner tells a beautiful family history of life in a family divided by the wall between East and West Germany.

Particularly interesting were the coping tactics of her family in the totalitarian socialist East Germany. Her grandmother watched as this family weathered the arrival of the Soviets and the rapid transformation of East Germany into a surveillance prison state.

Neighbors were forced to spy on neighbors. And worst of all, children were trained to report on their own fathers and mothers. As a physical reminder of East Germans’ imprisonment, a border wall went up to keep citizens from escaping to the free West – best remembered in the form of the Berlin Wall.

In the face of this walled society, the family’s matriarch Oma begins guiding her family in building what she called a “family wall”: whatever politics might have prevailed outside, they weren’t allowed in the family. Even though Oma’s children were pushed through the Soviet-influenced youth programs and teacher training, within the Willner family itself there was none of the mutual distrust and betrayal and fear that hummed in the background of East German life.

Oma and her family put family – and doing the right thing – first, and it kept them sane and united until at last Germany reunited in relative freedom.

We can learn something from the Willners about surviving and resisting totalitarianism.

Organization is an important tactic for resisting totalitarianism, and the family is both the smallest and easiest group in which to organize resistance – even if that resistance is only psychological and internal. “A cord of three strands is not easily broken,” as the proverb says. It’s no wonder that family is always one of the first institutions to come under attack by those who would take power.

So it’s worth considering how to cultivate deep trust with those closest to you, even under better circumstances than those in East Germany. If you know you can trust a few people to put your wellbeing above ideology, above politics, and above even fear of an all-powerful state, you are better off than a great many people.

Originally published at JamesWalpole.com.

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Michael Drejka is a Political Prisoner

Thomas L. Knapp

Just over a year ago, Michael Drejka fatally shot Markeis McGlockton in a Clearwater, Florida convenience store parking lot. On August 23, a jury found Drejka guilty of manslaughter.

Drejka should never have been charged with a crime.

Pinellas County sheriff Bob Gualtieri initially, and correctly, concluded that Drejka’s actions were protected under the state’s “Stand Your Ground” law. The charge was only filed after a calculated public relations campaign to create a “public outcry” based on political issues of gun rights and racial injustice.

Let’s review the facts:

McGlockton physically attacked Drejka, blind-siding him and taking him by surprise, driving him to his knees in a parking lot with no plausible place to flee (even if Drejka had been obligated to attempt to do so), then loomed aggressively over him as a second potential assailant (McGlockton’s girlfriend) moved to Drejka’s right. Drejka drew his weapon and shot McGlockton. All of this transpired in a matter of about five seconds.

Florida’s “Stand Your Ground” law required a reasonable belief on Drejka’s part that firing his weapon was “necessary to prevent imminent death or great bodily harm.”

Jury foreman Timothy Kleinman admits that “Markeis Mcglockton unnecessarily provoked Mr. Drejka by pushing him,” but claims that “[a]t the same time, using the gun wasn’t needed.  … He had time to think, ‘Do I really need to kill this man?’”

Forgive me if that statement causes me to doubt that Kleinman or any of the other jurors have ever found themselves in a situation where they were required to make “a kill or possibly be killed” decision over a of span of five seconds or less.

Speaking of doubt, let’s talk about the jury’s obligation. Their job was to find, beyond a reasonable doubt, that Drejka acted maliciously or negligently rather than in legitimate self-defense. Based on the key piece of evidence — surveillance video from the store — such a conclusion borders on the impossible.

Even Kleinman admits that Drejka was acting in self-defense up to the instant he pulled the trigger: “I think simply drawing the gun would have been enough.” Kleinman had as long to think about that as he cared to take in the comparative safety of the jury room. Drejka had seconds to think about it, on his knees, in a parking lot, during a violent physical assault that took him by surprise.

So why are we here? Because some politicians and political activists found a “lightning rod” case to push their agendas with. That’s a bad reason, an inherently corrupt purpose, for charging a man with a crime.

Yes, Drejka started an argument. But McGlockton started a fight. That bad decision cost Markeis McGlockton his life. It shouldn’t cost Michael Drejka his freedom.

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Photo ID is Obsolete and Unnecessary. Facial Recognition Technology Makes it Dangerous.

Thomas L. Knapp

In mid-May, San Francisco, California became the first American city to ban use of facial recognition surveillance technology by its police department and other city agencies. That’s a wise and ethical policy, as a July 7 piece at the Washington Post proves.

Citing documents gathered by Georgetown Law researchers, the Post reports that at least two federal agencies, the Federal Bureau of Investigation and Immigration and Customs Enforcement, have — for years — mined state photo ID databases to populate their own facial recognition databases.

To put a finer point on it, those agencies have been conducting warrantless searches, seizing private biometric data on the entire population of the United States, most of whom are neither charged with, nor suspected of committing, a crime.

They’ve conducted these fishing expeditions not just without warrants, but absent even the fig leaf of legislation from Congress or state legislatures to lend supposed legitimacy to the programs.

The Post story, intentionally or not, makes it clear that Congress must follow San Francisco’s example and ban use of facial recognition technology, as well as repeal its national photo ID (“REAL ID”) scheme, and require federal agencies to delete their facial recognition databases. The states should either lead the way or follow suit by doing away with government-issued photo identification altogether.

Photo ID has always been marginally useful at best. Anyone who’s ever worked at a bar or liquor store knows that it’s unreliable on a visual check — and that its uses have been stretched far beyond its supposed purposes.

The most common form of photo ID is the driver’s license. States imposed their licensing schemes on a seemingly justifiable pretext: A driver’s license proves that the driver whose photograph appears on it has taken and passed a test demonstrating safety and proficiency behind the wheel.

There are ways to do that without a photo.  Three that come to mind are a fingerprint, a digitized summary of an iris scan, or a similar summary of a DNA scan.

Yes, those methods are more expensive and impose a slightly higher burden on law enforcement in identifying a driver who’s been pulled over or arrested (and on anyone else who wants to confirm an individual’s identity). But they’re also far more reliable and less easily used in pulling police-state type abuses like those described in the Post story. They can’t be used for easy warrantless searches via distant cameras.

In recent decades, and especially since 9/11, the conversation over personal privacy has revolved around how much of that privacy “must” be sacrificed to make law enforcement’s job easier.

The answer to that question is “none.”

It’s not an American’s job to make law enforcement’s job easier. It’s law enforcement’s job to respect that American’s rights.

Since law enforcement has continuously  proven itself both unwilling and untrustworthy on that count, we need to deprive it of tools that enable that unwillingness and untrustworthiness.

Photo ID is obsolete and unnecessary. Facial recognition technology makes it dangerous. Let’s take those tools away from their abusers.

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