Friday, January 2, 2009

'I've Got Nothing to Hide' and Other Misunderstandings of Privacy



05/05/2008

George Washington University Law School

San Diego Law Review, Vol. 44, p. 745, 2007
GWU Law School Public Law Research Paper No. 289

Abstract:
In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.


'I've Got Nothing to Hide' and Other Misunderstandings of Privacy



05/05/2008

George Washington University Law School

San Diego Law Review, Vol. 44, p. 745, 2007
GWU Law School Public Law Research Paper No. 289

Abstract:
In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.


The Bill of Rights (Repost)



* * * READ & LEARN * * *

Don't expect the police to tell you your rights!



The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York
on Wednesday the fourth of March,
one thousand seven hundred and eighty nine (03/04/1789)

See Also: The Constitution of the United States

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."

Amendment I

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 to peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

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.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.



UK - Wigan boy bids for law change

View the article here

12/22/2008

The Home Office's attempts to keep tabs on convicted sex offenders have been dealt a blow at London's High Court after a human rights challenge by an 11-year-old Wigan boy.

Under current legislation, anyone convicted of a sexual offence and sentenced to more than 30 months in prison must remain on the Sex Offenders Register for life.

It means they have to notify the authorities of any change of address or name, and any foreign travel they undertake.

But today Lord Justice Latham, sitting with Mr Justice Underhill and Mr Justice Flaux, said the fact there was no mechanism for reviewing such registration under the 2003 Sexual Offenses Act was "incompatible" with the European Convention on Human Rights.

The judge asked whether it was right an offender who "can clearly demonstrate that he presents no risk, or measurable risk of re-offending" should be "precluded from obtaining a review of the notification requirements?"

He said: "I find it difficult to see how it could be justifiable under the Human Rights Act to deny a person who believes himself to be in that position an opportunity to seek to establish it."

He said there will now have to be a debate about what an offender should have to prove in order to be discharged from notification requirements, and when he should be allowed to make an application to the Home Office.

The successful judicial review challenge – in which lawyers argued that the Article 8 right to privacy was being violated and lifetime registration without review was disproportionate – centered around two cases:

'F', who cannot be named but is from the Wigan area, was just 11 when he raped another youngster. He was handed a 30-month youth custody sentence at Liverpool Crown Court in October 2005 for two counts of rape and a number of other serious offences.

The restrictions on foreign travel on the Sex Offenders Register meant 'F' was unable to go on a family holiday to Spain last year and there were also concerns that the presence of his name on the Sex Offenders Register would interfere with his ambitions to be a Rugby League player.

_____, from Newcastle, was jailed for five years in 1996 for two indecent assaults on a girl and other offenses of assault occasioning actual bodily harm. He was released on license in 2000 and has not been in trouble since.

But he has suffered a series of heart attacks and is stricken by arthritis, and believes the stress of being indefinitely on the Sex Offenders Register and continued police involvement in his life has contributed to his ill health.

The High Court ruling that the lack of review provisions in the reporting regime for sex offenders violates the Human Rights Convention will almost certainly force a change in the law.


UK - MARKED MAN

View the article here

It's news articles like this, using the word "pervert" like they do, which fuel the fire.  Notice the words used, highlighted in bold?

12/12/2008

By ANTHONY FRANCE, SIMON HUGHES and DAVID WILLETTS

MURDERED pervert _____ was targeted by hate mobs who yelled “Die, paedo, die” at him.

And a police source said: “He was loathed by a large number of people so we have a lot of potential suspects.”

_____, 52, died from multiple stab wounds to the head, neck and chest. And the source revealed: “Damage was caused to his genitals.”

The dead man worked as a trucker for the Riverside Haulage company in Wandsworth, South West London — and lived in a tatty caravan at the firm’s depot.

But his warped lust for children had made him enemies for YEARS.

He spent four months behind bars in 2001 for raping a schoolgirl under 13.

He was arrested again in 2003 but no charges were pressed.

Soon afterwards vigilantes set fire to his former home in a Wandsworth street after discovering he was brazenly grooming kids.

He fled and set up in the caravan. But drinkers at a pub recently accused him of fondling a barmaid’s two-year-old daughter.

And mobs drove past the depot shouting he was scum and a “nonce” who should die.

The police source said his murder was “almost certainly connected to new offences rather than those that took place in 2001”.
- What proof do you have of that?

_____ was a father of five estranged from a former partner.

Police, who believe more than one person was involved in the killing, had to identify him using fingerprints because none of his relatives would go to the morgue.

The pervert’s body was found by his boss after he failed to start work on Wednesday morning.

The employer, who would not give his name, said there was no sign of forced entry at the caravan.

He added: “He had a stab wound in his neck and there was blood everywhere. The bed was soaked with it and his head was lying in it.”

A former neighbour from the Wandsworth street told how _____ regularly got a “hiding” from people who knew about his vile behaviour.

Joe Hart, 46, said: “He used to befriend young lads and invite them round, letting them do what they wanted in his home. He’d ask the boys to bring over young girls, then make passes at them.”
- What proof do you have of this?  Or is it just hearsay?

Police are studying CCTV film from around the murder scene. And they appealed for anyone who saw anything suspicious to come forward.


AL - Humiliation by Branding - Your United States Government in Action

View the YouTube video here

This is the same thing the Nazi's did, with the "Nazi Concentration Camp Badges"

HUMILIATION

noun

  1. an act or instance of humiliating or being humiliated.
  2. the state or feeling of being humiliated; mortification.

noun
  1. state of disgrace or loss of self-respect
  2. strong feelings of embarrassment [syn: chagrin]
  3. an instance in which you are caused to lose your prestige or self-respect; "he had to undergo one humiliation after another"
  4. depriving one of self-esteem

I just read about a new law that took effect January 1st that requires every registered sex offender in Alabama to carry a state driver license or ID card that says in big bold letters "criminal sex offender" on it. I think this is disgusting and is obviously a way just to try and cause more punishment to many people that have already paid their debt to society. I can't think of how many times you have to show your drivers license to someone in order to do many things. Imagine for example how someone will look at you if you are at a grocery store and writing a check to pay for your groceries and they ask for your ID or if you are buying alcohol somewhere and they ask for your ID, seeing that it says "criminal sex offender" on the card.

I wrote the lady that heads the Alabama chapter of the ACLU and I encourage you to do the same and ask everyone else that visits this website to do the same.

Jefferson County Sheriff Department (Contact)


He admits, it's a Scarlett Letter, and also perpetuates the myth that sex offenders have a high recidivism rate, which is a flat out lie. He also then goes on to say they have a 8% recidivism rate. So which is it Sheriff? So since 92% will not reoffend, but 8% will, you feel it's justified in punishing all sex offenders? I know, you are just doing this, to look good to the sheeple! You are a friggin' Nazi, IMO! He says it's about "community safety!" What a crock! It's about punishment, period! And you can bet, many offenders will be the target of vigilantism, due to this, and I hope those who are, sue this Sheriff, and the state, for the abuse!


NC - New N.C. sex offender laws create tougher penalties

View the article here

Also, go to this news article, and take the poll on the left hand side of the page.  It may or may not help, but vote anyway.

01/02/2009

By Michael Lewis - news@thefranklinpress.com

Tougher sex offender laws took effect in the state Dec. 1, 2008, after the General Assembly passed HB933, or "The Jessica Lunsford Act for North Carolina."

The legislation is in response to several states following in Florida's footsteps - legislators there passed the act after 9 year-old Jessica Lunsford (born in Gastonia) was abducted from her Homosassa home in February 2005 and then raped and murdered by a convicted sex offender who lived nearby.

A federal version of the law has also been instituted, prompting states to pass legislation to bring their laws more in line with the federal guidelines.

In North Carolina, two criminal offenses have been created by the legislation. The first: A person at or over the age of 18 convicted of intercourse with a victim less than 13 years old would either be sentenced to life imprisonment or 25 years mandatory active prison time followed by satellite-based monitoring for life. The second: Any person at age 18 or older convicted of engaging in a sexual act with a child under the age of 13 would receive one of the same punishments.

The new state laws require those convicted of certain sex crimes to be registered for 30 years instead of the previously required 10 years, though offenders can petition the court for a shorter registration period after 10 years have passed.

Distance requirements also stipulate that registered offenders not be within 300 feet of any place where children gather, including schools, playgrounds and shopping centers.

Previously, convicted sex offenders had 10 days to register after their conviction or change of address. The new law cuts that down to 3 business days.

In almost every instance, varying degrees of sex crimes have been elevated one level higher for sentencing purposes, making punishments harsher.

Macon County Sheriff Robert Holland says the stricter laws and procedures have not caused his office any problems.

"Prior to these laws going into effect, Det. Amy Stewart who oversees the sex offender registry system here received in-service training and she's up to date on the new requirements," he said.

While Holland said the public should be very well aware of sex offenders living in thier community, the ones not on it are a graver danger.

"People have this misconception that if they know who's on the sex offender list their kids are safe," he said. "But the truth of the matter is that the ones that aren't on there - the ones that haven't been caught and convicted - that's what parents should be even more vigilant about."

While there are registrants who committed sex crimes against adults, Holland said 98 percent of the 31 registered offenders were convicted for sex crimes against children.

Asked if each one on the registry could be considered a threat Holland said this:

"They are all on there for a reason," he said. "They were convicted for crimes against people and children. The registry is just another step in making sure that our community is safe."

Macon County Schools superintendent Dan Brigman says the school board has adopted policies to be in line with the new sex offender laws.

Registered sex offenders whose victims were under the age of 16 are not allowed on school grounds or at school functions. There are special exceptions for parents or guardians of children who may be a registered offender, but those exceptions require prior notification.

So far, the new laws have not caused any complications for the schools.

"If we have an instance of a registered sex offender showing up on our campuses we call 911 and turn it over to the authorities," Brigman said.

Recently, the state announced an additional layer of protection for the public through the North Carolina Statewide Automated Victim Assistance and Notification Program (NC SAVAN).

According to a release form the North Carolina Department of Crime Control and Public Safety, in addition to getting an automated phone call or e-mail when a sex offender is scheduled for court or has a change in custody, now the victim is notified by phone when changes occur in the status of a specific registered sex offender within the N.C. Sex Offender Registry. For example, a victim can receive a notification when any registered sex offender moves within a specified zip code.

"While the state Department of Justice offers e-mail notifications through its sex offender registry program, these expanded telephone notifications are an important piece in safeguarding victims of sexual assault and our children," said Governor's Crime Commission Chairman Linda Hayes. "Many North Carolinians don't have access to computers."

The N.C. sheriffs, the N.C. Department of Correction and the N.C. Court System's district attorneys provide offender custody status and court case events to NC SAVAN.

The NC SAVAN program started in North Carolina in 1998 following the passage of the NC Crime Victims' Rights Act. Of the 43 states with a similar program, North Carolina was one of the first to offer statewide automated information and notification services.

"For the past ten years, the Governor's Crime Commission has ensured that victims of crime get the help they need to transcend their trauma and move forward with their lives," said Hayes. "Supporting the NC SAVAN program is a critical piece in achieving our mission to serve victims, victim service providers and criminal justice partners."

The Governor's Crime Commission administers federal Victims of Crime Act funding (VOCA) to the NC SAVAN program. The latest enhancement to NC SAVAN was paid for through a grant from the Bureau of Justice Assistance.

"This new tool gives North Carolinians another way to learn when an offender moves nearby so that families can plan for their safety," said Attorney General Roy Cooper.
- Like a commentor said below, this makes it sound like when a a registered offender moves close to you, that he/she is automatically going to assault you or your children.


DC - Obama - Open Government - Open for Questions (SEX OFFENDER ALERT)


01-02-2009


Credits for this blog item, go to eAdvocate, it's his work, not mine!


Obama Wants To Here From You:

Tired of registration laws? Tired of being treated as a second class person? Tired of all that comes with being a registered person? Well, you know the laws, now President-Elect Obama wants to know what he can do about your problems. So, here is an opportunity to tell him how laws are affecting you. You can setup new questions or agree with questions already setup by someone else. Holiday's are over, get on this site, search for existing questions like "Adam Walsh Act" or "Sex Offenders" or anything else you think is related, then make your voice heard. DO NOT PUT THIS OFF see note from the Transition Team on that page, there is a cutoff date!
Open for Questions

It's easy to make your voice heard -- and give and receive feedback on questions posed by the Change.gov community.

To get started, click on one of the topics to the left and check out some of the questions other people are asking. If you see a question you'd like to hear answered by the Transition, click the check box next to the question. If you don't find a particular question interesting or relevant, mark the "X" instead.

Got a question? Just ask. At the bottom of each page, you can click the "Submit a Question" button and add your two cents.