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Good news on rights

Posted: Mon Jan 23, 2012 5:18 pm
by Mr. Perfect
I am sort of wondering if we are on candid camera though. This could bode well for T&A/TSA issues. Lord help us, you are all that is left.

http://www.washingtonpost.com/business/ ... story.html
The Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

The GPS device helped authorities link Washington, D.C., nightclub owner Antoine Jones to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.

Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required.

“By attaching the device to the Jeep” that Jones was using, “officers encroached on a protected area,” Scalia wrote.

All nine justices agreed that the placement of the GPS on the Jeep violated the Fourth Amendment’s protection against unreasonable search and seizure.

Re: Good news on rights

Posted: Mon Jan 23, 2012 6:38 pm
by Typhoon
Mr. Perfect wrote:I am sort of wondering if we are on candid camera though. This could bode well for T&A/TSA issues. Lord help us, you are all that is left.

http://www.washingtonpost.com/business/ ... story.html
The Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

The GPS device helped authorities link Washington, D.C., nightclub owner Antoine Jones to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.

Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required.

“By attaching the device to the Jeep” that Jones was using, “officers encroached on a protected area,” Scalia wrote.

All nine justices agreed that the placement of the GPS on the Jeep violated the Fourth Amendment’s protection against unreasonable search and seizure.
That is good news.

However, I won't underestimate the ability of bureaucrats to bend the rules, invoking, for example, national security pretexts.

Re: Good news on rights

Posted: Mon Jan 23, 2012 6:55 pm
by Demon of Undoing
Seconded. There may yet be hope.

Re: Good news on rights

Posted: Mon Jan 23, 2012 7:10 pm
by Demon of Undoing
Yeah, but.
Kentucky Republican Sen. Rand Paul’s press secretary Moira Bagley tweeted on Monday that Transportation Security Administration officials were detaining her boss in Nashville, Tenn.

“Just got a call from @senrandpaul,” Bagley tweeted at about 10 a.m. on Monday. “He’s currently being detained by TSA in Nashville.”

Texas Congressman and current Republican presidential candidate Ron Paul – Sen. Rand Paul’s father – placed a post on Facebook about the news as well. “My son Rand is currently being detained by the TSA at the Nashville Airport,” Ron Paul posted. “I’ll share more details as the situation unfolds.”

Ron Paul adds, via Twitter, that the TSA detained his son “for refusing full body pat-down after anomaly in body scanner.”
YGBFKM. I'm all for assuming the Senate to be dangerous, but really? Seriously, why would you even bother once his ID has been established? Idiots.

Re: Good news on rights

Posted: Tue Jan 24, 2012 1:06 am
by Carbizene
Typhoon wrote:
That is good news.

However, I won't underestimate the ability of bureaucrats to bend the rules, invoking, for example, national security pretexts.
Exactly, I would go so far to say that this case is merrily a 'bait-and-switch' to distract and appease after the passing of the last military appropriation bill and the nightmare it contains.

Re: Good news on rights

Posted: Tue Jan 24, 2012 2:05 am
by Zack Morris
It's a good ruling but it stops short of addressing what rights we have, if any, against being subjected to invasive electronic surveillance. The court only established that physically attaching a device to someone's property constitutes an illegal search. The justices were split in their opinions about why this sort of surveillance is illegal. The Constitution and the legal system are inadequate protections against the very unique (and unforeseeable at the time of the Constitution's drafting) problems that technology raises. Rather than serving as a foil to encroachments upon our privacy rights, the slow-changing, static nature of the law has actually enabled all sorts of frightening activities by leaving them un-addressed and outside of the scope of current law.

We desperately need a modern philosophy of the relationship between information, the individual, and the state. Where are today's great thinkers?

Re: Good news on rights

Posted: Tue Jan 24, 2012 2:09 am
by Carbizene
Nice explanation Zack, no doubt there are plenty of 'people' (Corporations) that are quite happy to leave this 'Tertiary' system as is, complete with all loop holes to be exploited for 'market' control.

As to your question, here. :D

Re: Good news on rights

Posted: Tue Jan 24, 2012 2:29 am
by noddy
“By attaching the device to the Jeep” that Jones was using, “officers encroached on a protected area,” Scalia wrote.
unless im mistaken this is about attaching "yet another" tracking device to the vehicle and has nothing todo with current abilities to "search the logs" on existing ones.

most slick cars and all modern phones and tablets already have one of these in them and they do have legal access to these logs.

im just a waiting for the "public safety" issue and standards boards to decide all cars need them.

Re: Good news on rights

Posted: Tue Jan 24, 2012 2:39 am
by Carbizene
Yeah well in order to 'fight' Obesity people's movements will have to be kept track of to ensure they don't drive through McDonalds too much.

Re: Good news on rights

Posted: Wed Jan 25, 2012 6:17 pm
by Enki
Carbizene wrote:
Typhoon wrote:
That is good news.

However, I won't underestimate the ability of bureaucrats to bend the rules, invoking, for example, national security pretexts.
Exactly, I would go so far to say that this case is merrily a 'bait-and-switch' to distract and appease after the passing of the last military appropriation bill and the nightmare it contains.
I don't think it's anything that cynical. The government isn't a monolithic entity, it's constantly at war with itself.

Re: Good news on rights

Posted: Wed Jan 25, 2012 8:31 pm
by Demon of Undoing
Enki wrote:
Carbizene wrote:
Typhoon wrote:
That is good news.

However, I won't underestimate the ability of bureaucrats to bend the rules, invoking, for example, national security pretexts.
Exactly, I would go so far to say that this case is merrily a 'bait-and-switch' to distract and appease after the passing of the last military appropriation bill and the nightmare it contains.
I don't think it's anything that cynical. The government isn't a monolithic entity, it's constantly at war with itself.
Agreed, but there are enough factions that some will absolutely use this tactic as part of their overall game.Eyes on.

The price for liberty is eternal vigilance ( and a rifle to do something about it).

Re: Good news on rights

Posted: Wed Jan 25, 2012 8:45 pm
by Enki
A rifle is insufficient to do something about it these days.

Re: Good news on rights

Posted: Wed Jan 25, 2012 9:08 pm
by Demon of Undoing
Enki wrote:A rifle is insufficient to do something about it these days.

The rifle is a metaphor. Plenty of people watching. Few moving.

Re: Good news on rights

Posted: Wed Jan 25, 2012 9:09 pm
by Enki
Demon of Undoing wrote:
Enki wrote:A rifle is insufficient to do something about it these days.

The rifle is a metaphor. Plenty of people watching. Few moving.
Agreed.