Time: Sat Sep 20 11:27:32 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id LAA27711; Sat, 20 Sep 1997 11:23:10 -0700 (MST) by usr01.primenet.com (8.8.5/8.8.5) with SMTP id LAA23065; Sat, 20 Sep 1997 11:19:10 -0700 (MST) Date: Sat, 20 Sep 1997 11:18:54 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: End of Privacy (fwd) Content-Transfer-Encoding: 8bit <snip> > >>From Chris' home page pattersonlaw.com > > > The End of Privacy? > Copyright© 1997, Chris Patterson > >We as citizens are guaranteed certain basic rights and freedoms, the >most important of which is our right to >privacy -- the right to be free from governmental intrusion. Yet, as we >sit passively and watch the Government >operate without our input, our most cherished of freedoms is being >eroded. Attacks on our freedom continue, but >few know what is happening and even less care. > >The erosion of our right to privacy came first with attacks on the 4th >Amendment to the U.S. Constitution. Our >Constitution provides that we as citizens shall be free from >unreasonable searches and seizures and that persons >may only be arrested with warrants based upon probable cause. The >reality is that most, if not all, of our rights >under the 4th Amendment are now gone. > >Did you realize that if the police believe you are about to commit a >crime, you will be detained for questioning? >Once detained, you must answer the officer's questions as to who you are >and what you are doing in that place. >If you refuse to answer these questions, you will be arrested by the >police for either obstruction or some sort of >resisting. You may also be detained by police based on a mere anonymous >tip. You will be detained, and you will >answer basic questions -- all without the presence of a warrant. > >Are you aware police may break down the door to your house if they >believe illegal activities are taking place >inside, regardless if they have a warrant or not? > >Or how about the fact that after you are arrested, police are permitted >to strip search you to make sure there are >no weapons or contraband on you. > >Not only do police have the authority to search your body, they may also >search the immediate area wherein you >were arrested. These immediate areas often turn into entire households, >as police are permitted to conduct >protective sweeps to ensure against security risks. Naturally, anything >found in plain sight during these sweeps >is subject to confiscation. And all without the requirement of a >warrant. Where is your zone of privacy now? No >longer is a "man's home his castle." > >Courts have carved out an enormous exception to the constitutional >requirement of a warrant before arrest and >search. Where "exigent circumstances" exist and it is impractical to >obtain a warrant, no warrant is required. >Incredible as it may seem, all police must demonstrate in order to >legally uphold their conduct is that an >emergency situation existed, or that if they took the time to seek a >warrant, the person or thing to be searched >would be gone by the time they returned. Clever people can create these >factors out of most every event in our >daily lives. If the "exigent circumstances" are present, Courts say no >need for a warrant. > >A major example is the search of your automobile. Because it is capable >of being moved, the Courts advise police >there is no need to secure a warrant before searching its contents. >Police may search anywhere in your car based >merely upon a suspicion there may be something illegal inside. The law >also permits police to set up roadblocks, >under the guise of safety checks, to facilitate these searches. We've >already discussed the consequences to you >in you fail to answer questions directed to you by the police at >roadblock. Not only does the Government's arm >extend into our houses, but it now sits besides you as a passenger in >your privately-owned motor vehicle. > >While on the subject of passengers, the Supreme Court recently ruled >when police stop your vehicle, not only >may they search the driver and car without a warrant, now they may pat >down and search all passengers as well. >This search is designed to protect police. While the protection of law >enforcement officers is essential, the pat >down search of elderly women, children, and handicapped persons is >excessive. You are responsible for >anything in the car, including any contraband possessed by your >passengers. Point of fact, anyone in the car >may be held responsible for the contraband of another. I urge you to >study current drug possession laws before >giving any future rides to strangers. > >Items in "plain view" are also permitted to be seized without a warrant. >Plain view not only includes sight, but >smell, hearing, touch, and taste as well. What this means is any >contraband visible in your backyard is seizeable. >Any unusual noises coming from your house could create an "exigent" >circumstance where police could break >down your door to gain access without a warrant. And once inside, their >search could extend to the entire >premises. > >Similarly, the majority of jurisdictions in the United States permit law >enforcement to use thermal imaging devices >to surveil persons' houses in order to detect unusual heat sources. >These courts determined the use of these >machines, usually in helicopters as police fly over your property, is >not an unconstitutional invasion of your >right to privacy. If courts permit these heat seeking devices today, how >long before law enforcement will be >permitted to use movement sensors, electronic monitoring devices, and >x-ray detective machines so long as they >are not employed directly from a person's property? > >In 1997, matters will become worse! > >Florida Senate Bill 1002e1, section 23, makes it a violation of the >Florida Traffic laws to drive without your seat >belt. Under the previous law, this was a secondary violation chargeable >only after you were stopped for a >primary traffic violation. Starting in July 1997, police can stop you >solely for the offense of not wearing your seat >belt. If they ticket you for this offense, they may also pat you down, >search your vehicle, and all your passengers >-- without ever getting a warrant. While we clamor for more ways for the >Government to protect us, we part with >more and more individual freedom. > >The Fourth Amendment is so diluted by exceptions that most all of its >intended protections are nowadays >nothing more than historical footnotes. Curiously, few people hold >strong opinions either way as to the loss of >these rights. All the more troubling is the adverse impact this has on >your right to privacy. Is there anyplace >where you are truly free from governmental intrusion? > >Florida specifically chose to create a right of privacy for its citizens >giving heightened protections and priorities >than those enjoyed under the United States Constitution. Under Florida's >Constitution, "every natural person >has the right to be left alone and free from governmental intrusions >into his private life . . ." > >It is difficult to reconcile this privacy right to current search and >seizure laws, as well as thermal imaging court >cases and the proposed seat belt legislation. However, the real >disintegration of personal privacy will come in the >form of governmental programs designed to "assist and make safe" its >citizens. This insidious attack is well >underway. > >Massive numbers of regulations and laws enforced by an all-powerful >bureaucracy were characteristics of >Naziism and Communism, as well as totalitarian and dictatorial >governments in today's political sphere. > >The United States, and her states, pass tens of thousands of new laws >annually. Most of these new laws carry >both criminal and civil penalties for violations. To implement these new >laws, tens of thousands of new >administrative regulations are drafted by hundreds of governmental >agencies, such as the IRS, FBI, DEA, Bureau >of Alcohol, Tobacco, and Firearms, and others like OSHA, HUD, Securities >Exchange Commission, Federal >Communications Commission, and the Environmental Protection Agency, not >to mention Florida's legislature and >its state agencies. As a citizen, you are responsible for all these laws >or risk defined penalties. Incredibly, a >situation is created whereby you are almost certain to be doing >something illegal and you don't even realize it. >Sound ridiculous? Then answer these simple questions: > > 1.Do you drive with a seat belt fastened? > 2.Do you wear a helmet when you bicycle? > 3.Are you developing your private property, and if so, have you >checked to see if the Government has > classified it as a "wetland?" > 4.As an employer, are you maintaining the proper compensation >insurance for your employees? > 5.Have you made proper annual reports to the IRS? > 6.If you are under 21, do you smoke or drink? > 7.Have you inquired to see if any of your child-raising methods are >considered "abuse?" > >Has the United States become an unmanageable bureaucracy? Is history >repeating itself? > >During World War II, the United States was shocked at how German >citizens were treated. Citizens were required >to carry identification papers on their person at all times and be >prepared to present their papers to authorities >upon demand -- at border checkpoints, train and bus stations, airports, >roadblocks, and even to purchase articles >such as food and clothing. This identification requirement was later >adopted by the Communists as a means of >tracking its people. The lack of computerization demanded as much. >Today, is it different? > >Early 1997, all employers received notice from the Department of Justice >announcing the creation of an >Employment Authorization Card (EAD-Form 1-766). This credit card-looking >piece of identification is required to >be carried by all aliens who are authorized to temporarily work in the >United States. It includes a picture of the >recipient, a fingerprint, and a bar coding and magnetic strip upon which >the Department of Justice places >pertinent information about the alien. Inserted into a requester, the >card instantly reveals the alien's personal >information and employment history to the reader. The Employment >Authorization Card is designed to be the >uniform method for determining employment eligibility. > >The creation of this card raises the question that if aliens need an >employment card to work, will United States >citizens be required to carry a similar identification card? The >majority of Americans carry either a driver's license, >Social Security card, and/or Government Employee Card. Is it possible >that our Government will create a National >Identification Card to "consolidate" these numerous other forms of >identification? > >With the emergence of the INS card (EAD-Form 1-766) is the revelation >the Government may extend the use of >this card to all Americans. This single, nationally recognized, tamper >resistant card will include your photograph, >social security number, fingerprints, and bar code to verify your >employment eligibility. This card, encoded and >updated periodically by the Government, will link to a nationwide >Government database "to solve the problem of >illegal aliens taking American jobs." Is this possible? Until a few >years ago, Form 1-766 was a pipedream. > >Based upon current trends in Washington, I expect a second major card to >be a national health care card. While >the Clinton administration failed miserably to reach a national >consensus for a uniform health care plan, >Republican and Democrats continually cry for such a policy. Naturally, >with a socialized medical program in >place, a national form of identification will be created to ensure >proper recipients. With similar medical care cards >such as Medicare/Medicaid and health insurance provider cards like Blue >Cross/Blue Shield already firmly >entrenched, the creation of such a national identification card is >readily feasible. This ID card will maintain >government-accessible records of all aspects of your health care, >including details of doctor's visits, >prescriptions, and hospital treatments. Presumably, with the creation of >the National Health Board, an 18 digit >identification number will be assigned to all Americans to establish >proper tracking in a nationwide databank >system. When a national health care bill passes, you will be required by >law to use this national identification >card in order to receive medical services in America. > >A third card, developed through the United States Postal Service, will >most likely emerge as America's new >national ID card, incorporating all the functions of the INS and medical >card, along with more features. The Postal >Service was directed by the Department of Defense to develop a people >monitoring electronic card. Recently, a >general purpose U.S. Services Smart Card was unveiled, modeled after the >MARC card already partially >implemented by the Department of Defense. > >The MARC card (Multi-Technology Automated Reader Card) is currently >carried by select U.S. Military >personnel. This card uses a magnetic strip, including a digital >photograph, and an integrated circuit computer >chip. It is designed to store personal, medical, and legal information, >to include family and personnel data, >education and employment history, police records, and religious, as well >as political, background. The most >important aspect of the MARC system is its ability to instantly track >cardholders worldwide, as the carrier is >unable to buy meals at military installations, purchase goods and >services at base exchanges or receive medical >care at a military treatment facility without the card. > >The Postal Services Smart Card will have similar capabilities and could >be automatically connected to the >Department of Health and Human Services, U.S. Treasury, IRS, Veteran's >Administration, and other agencies >such as the FBI, DEA, ATF, and CIA. A proposed future link would tie it >to the banking system and to a central >databank. The Postal Service has acknowledged it is prepared to place >more than 100 million of these cards into >circulation within months of the administration's approval. What this >means is a national identification card is >poised to be issued without congressional approval, but rather through a >series of presidential executive orders. > >Preposterous you say? Open your pocketbooks and/or wallets and count the >number of identification cards you >have. Next, count the number of credit cards you have. For each card you >possess, you are currently being >tracked by that card's namesake. Do you own an ATM card? Do you get cash >from ATM machines? Each time >you get money from the machine, your location is confirmed. Do you >purchase items with credit cards and >checks? In an instant, your whereabouts are known to the credit >institution, as well as your current purchasing >power to the merchant. Has becoming a cashless society eroded our >privacy? > >And what of the news of a new kind of driver's license currently in >development in England. The card is >personalized to the licensed driver as well as to the driver's vehicle. >In order to start the ignition of the vehicle, >the vehicle's owner's card must be inserted. The card is also linked to >the Division of Motor Vehicles' database. >Should the driver's license be suspended, or outstanding warrants for >his arrest exist, the car will not operate. >Should a non-owner of the vehicle attempt to use a different card, the >card is immediately confiscated by the >system and law enforcement alerted. Advocates trumpet this technology as >a means to curtail car theft and to >keep drunk drivers and non-licensed drivers off the road. Is this a >welcome "safety" innovation, or another >means by which the Government may intrude into our personal lives? > >Where will it all end? Is the national ID card the next step to an >implanted biochip? What we once thought to be >fiction is now reality as tiny transponders are presently implanted into >pets and livestock all across America as a >means of computerized identification and location of a lost or stolen >animal. Strange, how all this technology >designed to be helpful limits our privacy options. And how close are we >to being required to hold a particular >identifying mark in order to conduct our personal transactions? >Ridiculous? Have you been to the Disney theme >parks lately? To gain admittance, patrons must present an identification >card and place their right hand in a >scanner in order to enter. > >We live in a society today where information is the most precious >commodity, and where our lives are directly >affected by the use of computers. Computers were designed to assist the >workplace, but now it appears >computers direct the workplace. We applaud each new innovation of >computer technology, believing the greater >ease with which information may be collected and subsequently >disseminated, the better for society. However, >immense information-sharing technologies has a dark side -- a further >intrusion into personal privacy. > >America is rapidly becoming a surveillance society, coveting >people-controlling, people-monitoring high >technology systems. Evidence of this fascination with technology is as >close as your computers, cellular >phones, fax machines, and the Internet all of which are susceptible to >electronic monitoring. > >The Attorney General Janet Reno vigorously lobbied that to stop >terrorism and organized crime, the American >people must give up some of their personal freedoms and privacy. One of >the proposed methods for "attacking >terrorism," is clipper chip surveillance. The proposal is for the >installation of a federal clipper chip in phones, >computers, fax machines, and other electronic devices in order to >monitor illegal activity. But in the course of >such surveillance, legitimate phone conversations, credit card >purchases, bank transactions, and all other private >telecommunications would also be scrutinized. The Wall Street Journal in >July 1994 wrote: "The potential for >government manipulation and intimidation of the citizenry is enormous." > >The guaranteed right to privacy is systematically eroded by "knee jerk" >reactions to temporal events. Once a >freedom is curtailed, it will never again enjoy its full parameters. As >Patrick Henry eloquently proclaimed , "It is >easier to give freedoms to be later restricted, than it is to secure >freedoms already lost." > >The right of privacy so deliberately provided by our forefathers is >nearly extinct. A mere remnant survives, and >without your involvement, it may all perish. > >I challenge you to become involved in your government. Pay attention to >events and developments as they >affect the community, nation, and the world. Become an "activist" for >truth and change in these end times. > >Nowhere is evidence that activism works more obvious than the recent >controversy over the Social Security >Administration's Web Page at www.ssa.gov. Through this website, users >gained access to over 140 million >Americans' confidential financial records. To access these records, all >that was needed was a person's name, date >and place of birth, social security number, and mother's maiden name. >The potential for abuse from creditors, >adverse litigation parties, private investigators, and law enforcement >was tremendous. However, once media >revealed the Government's website, things changed. ABC News reported the >story on April 7, 1997. Previously, >the Social Security website received no more than 3,000 inquiries a day. >After the news story, the public outcry >was so intense that more than 85,000 inquiries were received on the >website in less than 24 hours. Public opinion >was so negative that Congress called for the immediate suspension of the >website until additional privacy >safeguards can be studied and implanted. Two days after the story broke, >the Social Security Administration >suspended operations on the Internet website. The voice of an otherwise >slumbering nation was heard. >Involvement counts! Apathy, on the other hand, may destroy us. > >There are those who scoff at such opinions discounting them as "Chicken >Little" rants. Yet, you will find most >detractors hold man-created positions of authority and stand to lose the >most when foretold events occur. > >Pray for America, and hold fast to remaining precious freedoms. Should >we completely lose our privacy, take >heed that we were forewarned by James Madison. "I believe there are more >instances of the abridgement of the >freedom of the people by gradual and silent encroachments of those in >power than by violent and sudden >usurpations." The struggle is now. What will you do? > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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