Categories
Accountability crime and punishment

TSA Abuse

Among the rights-trampling bureaucracies, many and various, the Transportation Security Administration is far from the most beloved.

Millions of Americans, in the course of trying to catch flights, experience TSA agents up close and personal. 

Some of these official gropers are way too “handsy.”

One report comes to our attention from Charlotte Ann Kimbrough, former law enforcement officer. 

When she told TSA agents that she had had two metal hip replacements, she expected to be wanded. Instead, “The woman groped my crotch — twice. She went underneath my dress. I knew I had to be calm for the man I was traveling with. . . . But he could see the look on my face. He started yelling. They got the woman who was groping me out of the way and brought in a boss, who tried to stop the situation from escalating. I do have anger at myself, that I let her do it to to me. . . . I keep getting feelings of guilt.”

Some TSA workers may be uncomfortable with what they are “forced” to do to innocents. Others enjoy the power they have to humiliate people. Still others — whistleblowers — do speak out against abuses.

But they face retaliation from higher-ups for doing so. All of these employees are subject to abuse by TSA bosses. 

A government report details alleged misconduct that includes sexual harassment, verbal abuse of employees, and obstructing investigations into misconduct. 

We should not be surprised. As Reason magazine puts it, “this isn’t an agency with a great track record when it comes to treating people well.”

This is Common Sense. I’m Paul Jacob. 

 


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Categories
crime and punishment general freedom ideological culture moral hazard nannyism political challengers privacy Regulating Protest too much government

Don’t Enable Tyrants

If I deliberately help somebody to do evil things — and nobody is holding a gun to my head — I am thereby doing evil myself.

A person should not let himself be in that position. Not even if he’s “just doing my job” and looking for a non-evil job would be demonstrably inconvenient. To have a motive for doing a bad thing is not by itself exculpatory.

What provokes this observation is a newly amplified assault by the Venezuelan government on the rights of its citizens. The government is seeking to violate the right to peacefully read stuff on the Web by blocking Tor software, which allows users to elude government surveillance and reach banned websites.

Venezuelan dictators Chavez, now dead, and Maduro, still there, have never hesitated to stomp freedom in the name of a spurious greater good. Somebody like Maduro is certainly unscrupulous enough to go after Tor for thwarting censorship. So he fulfills that requirement. I doubt that he possesses very extensive programming ability.

Tor may not be perfect, but it’s pretty robust. You need substantial resources, such as those at the disposal of a government, to stop it. You also need to know what you’re doing. The coders on Venezuela’s stop-Tor team are probably smart enough to grasp the purpose of their work.

They and all other such collaborators should defect to the other side: that of programmers working to protect innocent people from government-sponsored cyber-assault.

This is Common Sense. I’m Paul Jacob.

 


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Categories
Accountability crime and punishment general freedom moral hazard national politics & policies privacy responsibility

In Plain Sight

The Berlin terrorist attack just a little over a week ago fit a noteworthy pattern. German authorities had investigated Anis Amri — the Tunisian man who drove that large truck into a crowded Christmas market, killing 12 and wounding 56 others — and found “links with Islamic extremists.”

Later killed in Milan, Italy, Amri had been wanted in Tunisia for “hijacking a van” and jailed in Italy for arson and a “violent assault at his migrant reception center.” And yet with all that known or easily knowable, the German authorities couldn’t prevent him from killing innocent Germans.

It’s not just a European phenomenon, either.

Consider Omar Mateen, this country’s worst mass shooter, having massacred 49 people in Orlando’s Pulse nightclub. The FBI had spent ten months looking into Mateen.

Years before the Boston Marathon bombing, the FBI had tracked Tamerlan Tsarnaev, one of the bombers.*

“In case after case . . . authorities have come forward after the fact to say that they had enough cause to place the suspect under surveillance well before the violence,” the Washington Post recently noted. This was the case with the majority of recent lone-wolf terrorism plots.

“If any lesson can be learned from studying the perpetrators of recent attacks,” a report in The Intercept concluded, “it is that there needs to be a greater investment in conducting targeted surveillance of known terror suspects and a move away from the constant knee-jerk expansion of dragnet surveillance . . .”

Yet intelligence agencies are still grabbing our metadata in violation of the Fourth Amendment. That needs to stop.

The fact that known threats are consistently not being stopped suggests curtailing mass surveillance won’t hurt our security, but improve it.

This is Common Sense. I’m Paul Jacob.

 

* The same is true regarding the Ft. Hood (work-place) shooter, Nidal Hasan. Likewise, Abdulhakim Mujahid Muhammad (formerly Carlos Bledsoe), who was under the active eye of the FBI after returning from Yemen . . . until he opened fire on a Little Rock, Arkansas, recruiting station killing one soldier and wounding another. Ditto Ahmad Khan Rahami, the less deadly bomber in New York City and New Jersey.


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Categories
crime and punishment First Amendment rights general freedom moral hazard national politics & policies Snowden

Structurally Opinionated B. S.

Edward Snowden, the infamous American whistleblower now exiled in Russia, says the FBI’s claim that it cannot decode the infamous San Bernardino terrorist’s iPhone is, and I quote, “Bernie Sanders.”

Oops.

He used another word-set, also sporting the initials B. S.

I got confused because, though the press has been fretting endlessly about the B.S. coming from Donald Trump, the real corkers of late have come from Bernie Sanders, who seems to think that white people cannot be poor or oppressed* and that the successes of free markets elsewhere serve perfectly as excuses for Big Government interference here in America.**

Mr. Snowden, who knows a lot more about encryption and decryption than I do, has given more weight to my suspicion that the whole FBI case against Apple — demanding that Apple create software to decrypt the company’s customers’ iPhones, and supply (on an allegedly case-by-case basis) the decrypted private information to the government — is a sham.

Snowden insists that there are multiple ways to do the job.

“Other technologists have explained how the FBI could have easily accessed the phone’s latest iCloud backup,” a report on Snowden’s judgment elaborated, “if agents working with San Bernardino County had not reset the iCloud password.”

Once again, a government failure leads to another push by government to correct for its failure, burdening citizens.

In this case: folks at Apple.

Interestingly, Apple’s legal defense appears to rest heavily on the First Amendment’s free speech guarantees, arguing that the demanded software is value-laden speech, is literally made up of such.

The exact term is “structurally opinionated,” which I nominate for the jargon phrase of the year.

This is Common Sense. I’m Paul Jacob.


* Sanders has recently said, in one of those interminable debates that I can no longer watch in full, “When you are white, you don’t know what it’s like to be living in a ghetto, you don’t know what it’s like to be poor, you don’t know what it’s like to be hassled when you are walking down a street or dragged out of a car.” As if “white privilege” amounts to immunity from poverty or oppression.

** Sanders, whose Tweets are as insane as his spoken pronouncements, recently lamented how Romanians in Bucharest have faster Internet speeds than Americans — without realizing they’d achieved these levels of access by wide-open, unrelenting, and wild competition. That is, Laissez Faire capitalism.


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Categories
Accountability crime and punishment general freedom moral hazard nannyism national politics & policies privacy too much government

Breaking the Safe

As we tromp repeatedly to the polling booth this year, we should wonder: are we being played?

The answer: yes . . . at least on the issue of Apple’s iPhone security.

I’ve written about this before. Our politicians and government officials are playing demagogue, trying to convert (too successfully?) the electorate into a mob bent on destroying privacy and private property — out of unwarranted fear.

The case for terrorist worries in this case is not even plausible: the FBI waited too long to be convincing, and the NSA supposedly has the metadata anyway. The government doesn’t need the info. It’s after something else.

As former congressman Bob Barr put it, the government’s case is “pure applesauce . . . simply the latest chapter in a decades-long push by Uncle Sam to gain access to Americans’ digital technology and place this booming sector of our economy under its thumb.” He goes on:

[T]he government is for the first time demanding that a company actually invent a way to defeat the very encryption safeguards it builds into the devices it sells. Attorney General Lynch has taken to citing an obscure law, the All Writs Act of 1789, to justify this unprecedented exercise of power to compel companies to do the government’s work for it.

To my knowledge, the government has never demanded that Allied Safe and Vault, or any of its competitors, go out of its way to cook up “a way in” to its security systems.

Government is just trying to retain its old relevance. Folks in power see it slipping. And it is, as Americans outsource their privacy and security not to governments, but, increasingly, to private providers.

That’s a good thing.

This is Common Sense. I’m Paul Jacob.


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Categories
Accountability crime and punishment general freedom government transparency moral hazard nannyism national politics & policies responsibility too much government U.S. Constitution

Zetabytes and Zombies

Zombie government wants to eat our brains. Did I overstate this on Sunday?

Most folks don’t look at the Apple/FBI controversy over digital security quite that starkly.

The National Security Administration sure doesn’t see it that way. The NSA is in the “information harvesting business,” says Business Insider. And boy, “business is booming.” The NSA measures its operations in zetabytes. And in the acreage of its Maryland and Utah sprawls.

The idea is that the NSA protects us.

But notice that government, collecting all that information, and in trying to beat back malicious and sportive hacker attacks from around the world, treats computer companies antagonistically. And it doesn’t provide us, individually, with help on our personal cyber-security: we have to pay for our own cyber-security. When some thief (local or overseas) steals a digital identity and grabs a netizen’s wealth and credit, of what help is government?

Not much.

It’s little different from back in Herbert Spencer’s day, over a century ago, when he noted that government practiced “that miserable laissez faire,” making citizens bear the costs of their own protection, to financial ruin defending themselves in court.

Indeed, for all our reliance upon law enforcement, we have to notice that the real work of defense and conflict avoidance happens best outside of government “help” — as is the case in Detroit, Michigan, where it is private security that does what many expect the police to do.

As long as the police and the federal government operate mainly as antagonists to peaceful citizens as well as to criminals, then looking warily at police power and privilege (and thus the NSA and the FBI) seems like . . .

. . . Common Sense. I’m Paul Jacob.


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Apple, iphone, security, police, NSA

 

Categories
general freedom government transparency national politics & policies privacy too much government

Rand to the Rescue

Nothing gets done in Washington?

Tell that to Kentucky Senator and presidential hopeful Rand Paul. Last night, he single-handily “repealed” Section 215 of the Patriot Act, ending the federal government’s mass collection of our phone records.

At least, for the next few days.

On the floor of the Senate, Paul blocked the USA Freedom Act, a “compromise” bill passed by the House. It would’ve required private telecoms to keep the data, allowing the government to query that data with a warrant.

“I’m supportive of the part that ends the bulk collection by the government,” said Paul. “My concern is that we might be exchanging bulk collection by the government [with] bulk collection by the phone companies.”

In a Time magazine op-ed, he argued, “We should not be debating modifying an illegal program. We should simply end this illegal program.”

Also last week, the Tea Party Patriots joined the ACLU in agreeing with Paul’s position: the USA Freedom Act doesn’t go far enough . . . to protect our civil rights.

Others warn we aren’t safe without maximum snooping and info-scooping by government:

  • CIA Director John Brennan called the metadata program “integral to making sure that we’re able to stop terrorists in their tracks.”
  • Attorney General Loretta Lynch said the expiration amounted to “a serious lapse.”
  • James Clapper, director of National Intelligence — most famous now for lying to Congress about the existence of the metadata program — declared we “would lose entirely an important capability that helps us identify potential U.S.-based associates of foreign terrorists.”

Yet, there’s not a single case where this bulk phone data helped capture a terrorist or stop an attack.

Sen. Paul believes “we can still catch terrorists using the Constitution.”


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Rand Paul vs. the Surveillance State

 

Categories
crime and punishment privacy too much government

Are They Reading This?

You’re a nice person, Gentle Reader; I’m glad to communicate with you in a public forum and listen to your responses.

But we both expect limits to this mutual access. If we’re not legitimately suspected of being criminals, we expect to go about our business without strangers intruding upon us at will. We have a right to boundaries.

More and more, though, the borders of the privacy we rely upon are routinely violated by government employees who trawl our lives at random. We often have no idea of the existence or extent of the intrusions until long after the fact.

The latest disturbing practice we’re getting a smidgen of info about is the secretive use by police agencies of so-called “sting ray” devices, which simulate cell towers to track cell phone data and location.

For years, obeying FBI demands for secrecy, prosecutors have been dropping cases rather than report how the devices are deployed. In a Baltimore murder trial, though, Detective Michael Dresser testified that his department has used the device 4,300 times. He assures us that officers await judicial permission . . . unless the circumstances are too urgent.

That’s nice. But without a lot more transparency about how and when the sting ray is deployed, I don’t have much confidence that such scrupulousness is par even in Baltimore, let alone all other locales. It’s hard to give government agencies the benefit of the doubt when the track record is so lousy.

This is Common Sense. I’m Paul Jacob.


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stingRaY

 

Categories
crime and punishment general freedom

Big Brother Rides Along

Hertz has begun installing cameras in their rental cars as part of a system called NeverLost. But don’t worry, they’ve got no plans (they say) to use them (yet).

“The camera feature has not been launched, cannot be operated and we have no current plans to do so,” Hertz spokesman Evelin Imperatrice assures us. I guess Hertz is with St. Augustine about how all that exists time-wise is a vanishingly small present moment, inasmuch as the past is already gone, the future not yet here. Ergo, nothing to worry about.

Nevertheless, customers are worried.

“I even felt weird about singing in the car by myself,” says one.

“The system can’t be turned off from what I could tell,” reports another. “[And] the camera can see the entire inside of the car. I know rental car companies have been tracking the speed and movements of their vehicles for years but putting a camera inside the cabin of the vehicle is taking their need for information a little too far.”

I’m all in favor of extensive monitoring of police and others with government-conferred power over us, in a position to easily abuse that power. I’m not in favor of indiscriminate spying by everybody on everybody. Or of any gearing up to do that.

What to do? A little bit of tape over the lens, that’s one option. Another: boycott Hertz until they rip the cameras out. Or at least make them easy to turn off.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets

Facebook Plus

Don’t call me a Luddite, but I still prefer meeting people one-to-one over any other form of interaction. Yet I can proudly say I have almost mastered the telephone, even its cellular incarnation.

Alas, my computer is almost a constant vexation — and I almost never use Skype. I even let my personal domain-name blog vanish from the Web.

So I tread into the eddies of modern innovative turbulence with more than a little trepidation.

I feel up-to-date enough by just being on Facebook.

This hasn’t stopped me from commenting on services like Facebook in the past, but, like any person who strays from his core competencies (yes, I’m on LinkedIn, too — did you detect the business lingo?), I often look to more with-it folks to spark some thoughts and keep track of many trends. (Don’t we all?)

On Reason’s Hit and Run, Katherine Mangu-Ward keenly observes that last year all sorts of people got really worked up about Facebook’s weird privacy-diminishing policies. There was hysteria in some quarters, talk of monopolies and even natural monopolies, or (in other words), treating Facebook as a “public utility.” You know, regulating it “in the public interest.”

So what happened?

Google launched Google+, which has a number of cool privacy features.

The result?

“Starting tomorrow,” Mangu-Ward writes, “Facebook will debut new, easier to use privacy settings with ‘a googley aftertaste’”. . .

Competition. It still works its wonders.

This is Common Sense. I’m Paul Jacob.