More
than forty years ago, I had a cramped, overpriced, and ugly apartment on the
Gulf Freeway in Houston. That apartment
had almost exactly the same layout as a motel room, and being located on the
freeway, it was about as noisy—well, out the front door anyway. The back side was much quieter—my balcony
overlooked the largest cemetery in Houston.
To
be fair, there were certain advantages to living next to a cemetery. It was always quiet—very few loud parties were
held there---and I always had fresh flowers for my dates. At the start of every semester, after paying
tuition and buying required textbooks, I was so broke that food became a luxury
item. I eventually shot—and ate—every
duck from the cemetery pond. Ornamental
ducks do not taste very good, but hunger is the best sauce.
When
I moved into those apartments, the chief attractions for me had been the
location and the pool. I had never lived
anywhere with a pool, and could easily imagine myself studying next to the
pool, swimming my way through freshman calculus. I think I may have swum in that pool twice.
The only people who regularly enjoyed that pool were the Houston Police
Department. For traffic control
purposes, the city had put a large CCTV camera on a pole next to the
freeway. Remotely operated, the camera
could swivel and turn up and down the freeway looking for accidents and traffic
jams.
Watching
a freeway on a television monitor is probably pretty boring, so it probably
isn’t all that surprising
that the camera spent most of the time aimed at the pool, instead. I didn’t mind—my desk was situated so that I
could look out the window at that pool, myself.
What I did mind, however, was the number of times I watched the camera
slowly panning back and forth, focusing on the apartment windows. Watching the girls in a public pool was fair
game, but playing Peeping Tom with bedroom windows was not! One night during a noisy thunderstorm, the
camera was destroyed when someone shot
it with a load of duck shot.
That
was forty years ago, when it was much easier to stop unwarranted government
spying. Today, I’m not certain exactly
what—or who—needs shooting.
I
don’t care how many supposed terrorist attacks have been subverted, my
government does not have the right—morally or legally—to monitor what I do on
my cell phone or on the internet. Prove
to me that monitoring my cell phone, specifically MY CELL PHONE, has stopped a
single terrorist attack ….or stop violating my rights!
My
rights under the Fourth Amendment guarantee “The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable searches
and seizures…” What can be more
unreasonable than the government seizing the data and searching databases on
every single person in the country?
Nor
am I very happy about my medical records.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
guarantees that my medical records are safe.
Giving those records to the Internal Revenue Service insures that they
are not. Why does the government have a
right to seize and maintain my medical records? Why do they want to turn over all of our
records to an agency that has proven it can’t be trusted with a potato gun?
Starting
in the fifteenth century, there was an English court of law known as the Star
Chamber. Meeting in secret, and often without
the knowledge of the accused, this court exercised enormous power, eventually
becoming a political weapon against the enemies of the crown. Among the abuses was the ability of the
prosecutors to present secret written evidence.
This is a fairly apt description of today's Foreign Intelligence
Surveillance Act court that oversees the actions of the National Security
Administration.
This
is the court that has authorized the continual collection of all cell phone
data, domestic and foreign. To be sure,
a warrant allowed this—not surprising when you learn that since 1979 the
government has requested 33,949 such warrants.
To date, all but 11 were granted, and 4 of those were still partially granted. (What in hell were the other 7? Requests to strip-search dead nuns?)
The FISA court is usually a single judge, appointed by the government, to perform
oversight on the government, for the government. The court operates in secrecy, with no
possible civilian scrutiny. Each judge
is appointed by the Chief Justice of the Supreme Court and the appointment
requires no confirmation or oversight by the Congress. After the terrorist attacks on 9/11, the
Patriot Act extended the powers of this court to allow domestic espionage on
U.S. citizens.
The
abuses of the Star Chamber strongly influenced the writing of the 5th
amendment. I guess if we can trash the
4th amendment, it’s not much of a stretch to ignore the 5th.
A
last note: No matter what I write about,
I get hate mail—that's fine since I usually correct the grammar and spelling and return the
missive with a grade. I can already
predict the content of much of this week's mail: "If you have nothing to
hide, why object to the search?"
Ignoring the fact that none of this charade is keeping me safe—or that I
have no desire to trade freedom for safety—I know the correct response:
“If
I have nothing to hide, why do you need to search me?”
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Normally, I would never force comments to be moderated. However, in the last month, Russian hackers have added hundreds of bogus comments, most of which either talk about Ukraine or try to sell some crappy product. As soon as they stop, I'll turn this nonsense off.