September 15, 2010

4th Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Please read 2 Articles, 1st:

"Which means, ultimately, that if the government puts everyone under surveillance, it can then assert that there is no reasonable expectation of privacy, and thus the "right of the people to be secure in their persons, houses, papers, and effects" simply disappears.

Sorry, but that shocks me to the core. I think it is truly Orwellian. What could be more Orwellian than using surveillance to justify surveillance?"
Then read:
"... a very thoughtful discussion of theFourth Amendment by Julian Sanchez" -

"...because under the modern understanding of the Fourth Amendment, the Constitution is concerned only government actions that violate a “reasonable expectation of privacy,” which courts have generally understood as limited to the exposure of what was previously secret. When we entrust sensitive records to third parties—be they banks, Internet Service Providers, or other members of our churches or political organizations—we “assume the risk” that they will reveal the information to the government, according to the courts’ logic, and so waive our expectation of privacy."

  • The drug war.
  • The war on Photographers.
  • The government reading our e-mails, listening to our phone calls.
  • No warrant needed to get your location (gps data) from your cell phone companies records.

Could it be our government has gotten so messed up that we have forgotten our liberty? "So this is how liberty dies... with thunderous applause"
The posts referred to above are long-ish.