Category Archives: The Surveillance State

Government Reasonability Quiz

On Monday morning around 5:30 a.m. in Springfield, Virginia, Eric Williamson was making coffee (in the privacy of his own home) in the buff. Unbeknownst to Williamson, a woman and her 7 year old son could see him in all his glory as they took a shortcut through his front yard.

The woman, horrified that her and her son saw Williamson naked, called the police.

How does the police/District Attorney choose to deal with this situation? (Hint we are dealing with government officials here, throw common sense out the window)

A. Nothing. Police advise Williamson to make sure the windows are properly covered next time.
B. Nothing. The woman is advised not to take this shortcut again.
C. Both A and B.
D. The woman is charged with criminal trespass and violation of Williamson’s privacy. She could face up to 6 months in jail and a $1,000 fine if convicted.
E. Williamson is charged with indecent exposure and could face up to 1 year in jail and a $2,000 fine if convicted.
F. Both D and E. Both parties broke the law as both parties violated the rights of the other.
G. Neither D nor E. Both parties broke the law, therefore the penalties offset and no charges will be filed. (Replay 3rd down?)

(See the correct answer below the fold.)
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PATRIOT Act – Much Ado About Drugs, Not About Terrorism

The PATRIOT Act was sold to the country as the line in the sand protecting us from the murderous hordes of Islamist terrorists. Passed in a hurry following 9/11, they told us that these powers were needed for terrorism only, and not for general law-enforcement. Civil libertarians didn’t believe this assertion, of course, and as usual when it comes to government power, we were right (link to PDF report).

In a traditional search warrant, the person/people/place being search are notified when the search is conducted. One aspect of the PATRIOT Act is the delayed notification warrant, aka the “Sneak and Peek”. For this, the search is conducted but the person being investigated is not told that the search was executed for some delayed time afterwards. For a terrorism surveillance case, this allows investigators to attempt to detect plots in the planning stage.

In the government’s FY2008 (Oct’07 to Sep’08), 763 new warrants were obtained. Of these new warrants, a mere 3 were for terrorism. What were the rest?

Table 2 presents the types of offenses specified in delayed-notice search warrant and extension requests reported in 2008. Drug offenses were specified in 65 percent of applications reported, followed by fraud (5 percent), weapons, and tax offenses (4 percent each).

Someday, the warnings issued by libertarians — rather than being ignored — will actually be heeded. On that day I will die of shock.

Hat Tip: David Rittgers, Cato@Liberty

Sorry Granny, “But For The Good Of Everyone, The Law Was Put Into Effect.”

I tells ya, sometimes ya just gotta to make an example of ’em:

When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.

Harpold is a grandmother of triplets who bought one box of Zyrtec-D cold medicine for her husband at a Rockville pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at a Clinton pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time.

Those two purchases put her in violation of Indiana law 35-48-4-14.7, which restricts the sale of ephedrine and pseudoephedrine, or PSE, products to no more than 3.0 grams within any seven-day period.

When the police came knocking at the door of Harpold’s Parke County residence on July 30, she was arrested on a Vermillion County warrant for a class-C misdemeanor, which carries a sentence of up to 60 days in jail and up to a $500 fine. But through a deferral program offered by Vermillion County Prosecutor Nina Alexander, the charge could be wiped from Harpold’s record by mid-September.

You know the only thing worse than a police force given the discretion to determine whether or not a lawbreaker is a real threat to society and should be arrested for a crime — a situation which can lead to unintended consequences of racist enforcement, letting cronies off the hook, etc? A police force which enforces horrible, no-good, very bad laws evenly.

H/T: Reason

Hope And Change Update: Obama Backs Extension Of PATRIOT Act

The more things change, the more they stay the same:

WASHINGTON — The Obama administration supports extending three key provisions of the Patriot Act that are due to expire at the end of the year, the Justice Department told Congress in a letter made public Tuesday.

Lawmakers and civil rights groups had been pressing the Democratic administration to say whether it wants to preserve the post-Sept. 11 law’s authority to access business records, as well as monitor so-called “lone wolf” terrorists and conduct roving wiretaps.

The provision on business records was long criticized by rights groups as giving the government access to citizens’ library records, and a coalition of liberal and conservative groups complained that the Patriot Act gives the government too much authority to snoop into Americans’ private lives.

As a presidential candidate, Barack Obama said he would take a close look at the law, based on his past expertise in constitutional law. Back in May, President Obama said legal institutions must be updated to deal with the threat of terrorism, but in a way that preserves the rule of law and accountability.

The most egregious thing about Obama’s extension proposal is that none of the provisions he wants to extend require a search warrant issued by a judge or even the existence of probable cause. Moreover, as Jason points out over at United Liberty, the PATRIOT Act itself has been rife with abuse ever since implementation:

In 2007, FBI Director Robert Mueller admitted to abuses of the PATRIOT Act. In fact, there were more than 1,000 instances of the FBI misusing the law. According to the Washington Post, the “audit [covered] just 10 percent of the bureau’s national security investigations since 2002, and so the mistakes in the FBI’s domestic surveillance efforts probably number several thousand.”

And yet Obama wants to extend it.

The more things change, the less hope I have.

Mother Jones Takes on the War on (Some) Drugs

The July/August 2009 issue of the Left-leaning Mother Jones dedicates several articles to the asinine War on (some) Drugs.
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The title of the magazine’s cover story states it best – “Totally Wasted: We’ve blown $300 billion. Death squads roam Mexico. Cartels operate in 259 cities. This is your War on Drugs. Any Questions?”

Reason’s Nick Gillespie points out that there are many areas that libertarians would disagree with (like I said, MoJo is a Left-leaning publication) but I think it’s good to expose a new audience to the failure that is this nation’s drug policy. From there we can debate the best way to bring the War on (some) Drugs to a conclusion.

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