Saturday, August 29, 2015

"Patriot" act still not dead

A federal appeals court reversed a lower court ruling that the NSA eavesdropping on the telephones of hundreds of millions of Americans (link).  Also, have a look at this article (Patriot Act is counter to the ideals of this nation)

Here it is again people; the fourth amendment. 

Fourth 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.

Of course over time various governments have tried to engineer loopholes such as the "third-party exception," the "silver platter doctrine" and even the "Barny Fife loophole."  However, how can these be valid without a constitutional amendment---if the constitution is the supreme law of the United States?  The fourth amendment was written to stand on its own; there is no phrase in it that says "except as determined by government loopholes."

How about we all start adding the fourth amendment to our email signatures?  Just to remind the people who are reading our email how illegal that is.  That is both a fourth amendment and first amendment issue.

Below is a draft I put together for people to use:

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Fourth Amendment to the United States Constitution
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.

The fourth amendment means whoever is eavesdropping on this email without permission is violating federal law. Email is a document and is the modern equivalent of "papers and effects" in the wording of the constitution. This includes federal employees working for federal agencies. No legal loopholes are allowed according to the constitution (the supreme law of the United States of America) and there is no indemnification by your employer; you are personally responsible and accountable. If you have read this I have to advise you to turn yourself in to the local law authorities for prosecution---I will be pressing charges---in order to avoid possible obstruction of justice charges being added to your case.

First Amendment to the United States Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Email is a form of speech and a form of press in the sense of the wording of the first amendment. This means that I am within my rights to give the notice above about fourth amendment violations.

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