Posts Tagged ‘police state’

“[E]verywhere, “time is winding up,” in the words of one of our spirituals, “corruption in the land, people take a stand, time is winding up.”—Martin Luther King Jr.

We now live in a two-tiered system of governance. There are two sets of laws: one set for the government and its corporate allies, and another set for you and me.

The laws which apply to the majority of the population allow the government to do things like sending SWAT teams crashing through your door in the middle of the night, rectally probing you during a roadside stop, or listening in on your phone calls and reading all of your email messages, confiscating your property, or indefinitely detaining you in a military holding cell. These are the laws which are executed every single day against a population which has up until now been blissfully ignorant of the radical shift taking place in American government.

Then there are the laws constructed for the elite, which allow bankers who crash the economy to walk free. They’re the laws which allow police officers to avoid prosecution when they shoot unarmed citizens, strip search non-violent criminals, or taser pregnant women on the side of the road, or pepper spray peaceful protestors. These are the laws of the new age we are entering, an age of neo-feudalism, in which corporate-state rulers dominate the rest of us, where the elite create the laws which can result in a person being jailed for possessing a small amount of marijuana while bankers that launder money for drug cartels walk free. In other words, we have moved into an age where we are the slaves and they are the rulers.

Unfortunately, this two-tiered system of government has been a long time coming. As I detail in my book A Government of Wolves: The Emerging American Police State, the march toward an imperial presidency, to congressional intransigence and impotence, to a corporate takeover of the mechanisms of government, and the division of America into haves and have nots has been building for years.

Thus we now find ourselves at a point where, for the first time in history, Congress is dominated by a majority of millionaires who are, on average, 14 times wealthier than the average American. Making matters worse, as the Center for Responsive Politics reports, “at a time when lawmakers are debating issues like unemployment benefits, food stamps and the minimum wage, which affect people with far fewer resources, as well as considering an overhaul of the tax code,” our so-called representatives are completely out of touch with the daily struggles of most Americans–those who live from paycheck to paycheck and are caught in the exhausting struggle to survive on a day-to-day basis.

Indeed, although America is supposed to be a representative republic, these people– who earn six-figure salaries and inhabit a world exempt from parking tickets, where gym membership is free and health care is second-to-none, where you only have to work two, maybe three days a week and get 32 fully reimbursed road trips home a year, travel to foreign lands, discounts in Capitol Hill tax-free shops and restaurants, free reserved parking at Washington National Airport, free fresh-cut flowers from the Botanic Gardens, and free assistance in the preparation of income taxes–neither represent nor serve the American people. They have instead appointed themselves our masters.

While Congress should be America’s representative body, too many of its members bear little resemblance to those they have been elected to represent. As Dan Eggen reports for The Washington Post: “The new figures underscore a long-standing trend of wealth accumulation in Congress, which is populated overwhelmingly with millionaires and near-millionaires who often own multiple homes and other assets out of reach for most of the voters they represent.”

Many of our politicians live like kings. Chauffeured around in limousines, flying in private jets and eating gourmet meals, all paid for by the American taxpayer, they are far removed from those they are supposed to represent. Such a luxurious lifestyle makes it difficult to identify with the “little guy”–the roofers, plumbers and blue-collar workers who live from paycheck to paycheck and keep the country running with their hard-earned dollars and the sweat of their brows.

The unfortunate but simple fact is that the rich sit perched at the top of the government. As Joseph Stiglitz writes for Vanity Fair:

Virtually all U.S. senators, and most of the representatives in the House, are members of the top 1 percent when they arrive, are kept in office by money from the top 1 percent, and know that if they serve the top 1 percent well they will be rewarded by the top 1 percent when they leave office. By and large, the key executive-branch policymakers on trade and economic policy also come from the top 1 percent. When pharmaceutical companies receive a trillion-dollar gift–through legislation prohibiting the government, the largest buyer of drugs, from bargaining over price–it should not come as cause for wonder. It should not make jaws drop that a tax bill cannot emerge from Congress unless big tax cuts are put in place for the wealthy. Given the power of the top 1 percent, this is the way you would expect the system to work.

Sadly, electoral politics have been so thoroughly corrupted by corporate money that there is little chance, even for a well-meaning person, to affect any real change through Congress. Whether it be the Oval Office or the halls of Congress, the road to the ballot box is an expensive one, and only the wealthy, or those supported by the wealthy, are even able to get to the starting line.

Just consider the 2012 presidential election cycle. Both parties spent $1 billion each attempting to get their candidate elected to the presidency. This money came from rich donors and corporate sponsors, intent on getting their candidate in office. Once in office, these already privileged wealthy bureaucrats enter into a life of even greater privilege, unfortunately at the expense of the American taxpayer. It doesn’t even seem to matter whether they’re Democrats or Republicans–they all take full advantage of what one news report described as “a mountain of perks that most Fortune 500 companies couldn’t begin to rival.”

Even President Obama’s closest advisers are millionaires, including those on his 15-member cabinet. It is not unusual for some of them to own vacation homes, such as Kathleen Sebelius, secretary of Health and Human Services, who owns a “summer home worth more than a million dollars.

And then there are the lobbyists, the source of much corruption and exchanging of money in Washington. With an estimated 26 lobbyists per congressman, it should come as no surprise that once elected, even those with the best of intentions seem to find it hard to resist the lure of lobbyist dollars, of which there are plenty to go around.

This lobbying is in turn buoyed by a congressional lifestyle which demands that our representatives spend the majority of their time fund raising for campaigns, rather than responding to the needs of their constituents. In November 2012, the Democratic House leadership offered a model daily schedule to newly elected Democrats which suggests a ten-hour day, five hours of which are dominated by “call time” and “strategic outreach,” including fund raisers and correspondence with potential donors. Three or four hours are for actually doing the job they were elected to do, such as attending committee meetings, voting on legislation, and interacting with constituents.

When half of one’s time is devoted to asking for money from rich individuals and special interests, there is no way that he can respond to the problems which pervade the country. Even well-meaning Congressmen face a Catch-22 where they are pushed to fundraise to secure their seats, but then once in office, it is basically impossible for them to do their jobs. The full ramifications of this are laid out by Rep. Brad Miller (D-NC):

Any member who follows that schedule will be completely controlled by their staff, handed statements that their staff prepared, speaking from talking points they get emailed from leadership… It really does affect how members of Congress behave if the most important thing they think about is fundraising. You end up being nice to people that probably somebody needs to be questioning skeptically… You won’t ask tough questions in hearings that might displease potential contributors, won’t support amendments that might anger them, will tend to vote the way contributors want you to vote.

What we are faced with is a government by oligarchy–in other words, one that is of the rich, by the rich and for the rich. Yet the Constitution’s Preamble states that it is “we the people” who are supposed to be running things. If our so-called “representative government” is to survive, we must first wrest control of our government from the wealthy elite who run it. That is a problem with no easy solutions, and voting is the least of what we should be doing.

“What they don’t want,” noted comedian George Carlin, is “a population of citizens capable of critical thinking. They don’t want well-informed, well-educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. That’s against their interests.”

A population of citizens capable of critical thinking? That’s a good place to start, and it’s a sure-fire way to jumpstart a revolution. As Abraham Lincoln said, “Wise men established these great self-evident truths, that when in the distant future some man, some faction, some interest, should set up the doctrine that none but rich men, or none but white men, were entitled to life, liberty and the pursuit of happiness, their posterity should look up again at the Declaration of Independence and take courage to renew the battle which their fathers began.”

Inspiring words, but what do they really mean for those of us laboring under the weight of an overreaching, militarized, corrupt government that grows increasingly so with each passing day?

How can we change this state of affairs? The government is too big, too powerful, and its overlords too entrenched to willingly give up any of its power or wealth. The wisest option is to employ the tactics of past protest movements such as the Bonus Army, the Civil Rights Movement, and the 1960s anti-war movement, all of which used sleep-ins, sit-ins and marches to oppose government policies, counter injustice and bring about meaningful change.

For example, in May of 1932, more than 43,000 people, dubbed the Bonus Army—World War I veterans and their families—marched on Washington. Out of work, destitute and with families to feed, more than 10,000 veterans set up tent cities in the nation’s capital and refused to leave until the government agreed to pay the bonuses they had been promised as a reward for their services. The Senate voted against paying them immediately, but the protesters didn’t budge. Congress adjourned for the summer, and still the protesters remained encamped. Finally, on July 28, under orders from President Herbert Hoover, the military descended with tanks and cavalry, beating some protesters senseless and setting their makeshift camps on fire. Still, the protesters returned the following year, and eventually their efforts not only succeeded in securing payment of the bonuses but contributed to the passage of the G.I. Bill of Rights.

Similarly, the Civil Rights Movement mobilized hundreds of thousands of people to strike at the core of an unjust and discriminatory society. Likewise, while the 1960s anti-war movement began with a few thousand perceived radicals, it ended with hundreds of thousands of protesters, spanning all walks of life, demanding the end of American military aggression abroad.

What these movements had was a coherent message, the mass mobilization of a large cross section of American society, what Martin Luther King Jr. called a philosophy of “militant nonviolent resistance” and an eventual convergence on the nation’s seat of power—Washington, DC—the staging ground for the corporate coup, where the shady deals are cut, where lobbyists and politicians meet, and where corporate interests are considered above all else.

It is no coincidence that just prior to his assassination in April 1968, King was plotting “to build a shantytown in Washington, patterned after the bonus marches of the thirties, to dramatize how many people have to live in slums in our nation.”

King’s advice still rings true: “We need to put pressure on Congress to get things done. We will do this with First Amendment activity. If Congress is unresponsive, we’ll have to escalate in order to keep the issue alive and before it. This action may take on disruptive dimensions, but not violent in the sense of destroying life or property: it will be militant nonviolence.”

The balance of power that was once a hallmark of our republic no longer exists. James Madison’s warning that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elected, may justly be pronounced the very definition of tyranny” has, regrettably come to pass.

Clearly, it’s time for a mass movement dedicated to change through “militant nonviolence.” If not, the shadow of tyranny that now hangs over us will eventually destroy every last semblance of freedom.

“We know through painful experience that freedom is never voluntarily given by the oppressor,” Martin Luther King Jr. warned in his “Letter from a Birmingham Jail.” “It must be demanded by the oppressed.” — John W. Whitehead

“To the degree that we take away play, we deprive children of the ability to practise adulthood, and we create people who will go through life with a sense of dependence and victimisation, a sense that there is some authority out there who is supposed to tell them what to do and solve their problems. That is not a healthy way to live.” – psychologist Peter Gray

These days, it is far too easy to rattle off the outrageous examples of zero tolerance policy run amok in our nation’s schools. A 14-year-old student arrested for texting in class. Three middle school aged boys in Florida thrown to the ground by police officers wielding rifles, who then arrested them for goofing off on the roof of the school. A 9-year-old boy suspended for allegedly pointing a toy at a classmate and saying “bang, bang.” Two 6-year-old students in Maryland suspended for using their fingers as imaginary guns in a schoolyard game of cops and robbers. A 12-year-old New York student hauled out of school in handcuffs for doodling on her desk with an erasable marker. An 8-year-old boy suspended for making his hand into the shape of a gun, in violation of the school district’s policy prohibiting “playing with invisible guns.” A 17-year-old charged with a felony for keeping his tackle box in his car parked on school property, potentially derailing his chances of entering the Air Force. Two seventh graders in Virginia suspended for the rest of the school year for playing with airsoft guns in their own yard before school.

Thus, it’s tempting, when hearing about the 7-year-old suspended for chewing his Pop-Tart into the shape of a gun to chalk it up to an isolated example of school officials lacking in common sense. However, as I point out in my book A Government of Wolves: The Emerging American Police State, these incidents are far from isolated, occurring as they have for the better part of the past 30 years under the guise of maintaining safety and security in the schools. They are part of a concerted, top-down approach to creating a generation of obedient worker-bees content to be directed, distracted and kept in line.

Despite a general consensus that zero tolerance policies have failed to have any appreciable impact on student safety, schools have doubled down on these policies to the detriment of children all across the nation. Indeed, the zero tolerance mindset is so entrenched among school administrators all over America that we are now seeing school officials reaching into the personal lives of students to police their behavior at all times. For example, 13,000 students in the Glendale Unified School District in California are now being subjected to constant social media monitoring by school officials. Superintendent Richard Sheehan has hired private firm Geo Listening to analyze the public social media posts of students both off and on campus. Whether on Twitter, Facebook, YouTube, or any other social media platform, students will have their posts and comments analyzed for evidence of “bullying, cyber-bullying, hate and shaming activities, depression, harm and self harm, self hate and suicide, crime, vandalism, substance abuse and truancy.”

Unfortunately, the Glendale program is simply one component of a larger framework in which all student activity is treated as an open book by school administrators. What we are witnessing is a paradigm shift in American society, in which no personal activity is safe from the prying eyes of government agents and their corporate allies. Every decision and action, no matter how innocent, is scrutinized, analyzed, filed, stored, and eventually held against you when those in power feel like it.

When one pulls back the veil of zero tolerance, one can see the real culprit is the corporate-state, which has been meticulously applying the zero tolerance mindset to not just public schools in America, but our workplaces, our political forums, our social interactions and even our own homes. The end result is a society which is completely pacified and willing to march in lockstep with the corporate-state.

Government officials have worked hard to indoctrinate Americans into the belief that everything you do is suspect, and anything you do can be held against you at a later date. This mindset is clear in all aspects of society, from zero tolerance policies in our nation’s schools, to SWAT team raids in our neighborhoods, from the NSA’s surveillance of all Americans’ communications, to the corporate-state’s insistence that people aren’t capable of managing their own affairs. More and more people are becoming suspicious of others, quick to judge, and more than willing to follow the government’s dictates, however irrational and immoral they may be.

This manner of thinking has been slowly adopted by many Americans, but more worrisome is the manner in which it’s being foisted upon our nation’s youth. We are now living in an era in which childhood as it was once understood, a time to learn, to make mistakes, to try and fail, to try again and succeed, has been replaced by the worst elements of corporate and government culture. Children are treated as workers and prisoners, collected, corralled and controlled by teachers who increasingly act as bureaucrats, forced to fit every child into the exact same mold, regardless of their personal abilities and talents. This mindset is apparent among the proponents of the Common Core Testing Standards which threaten to unleash a new system of standardized testing on a new generation of kids.

As communications consultant Luba Vangelova has noted, the key attributes of a productive member of society are “a zest for life, creativity, perseverance, empathy, effective communication and the ability to cooperate with others. These are things that can’t be measured well – if at all – by tests.” Our obsession with testing leaves children without basic reasoning and analysis skills. They are taught to parrot information, rather than produce arguments. Their value is tied to letter grades and numbers.

Psychologist Peter Gray takes this criticism further, noting that children today are rarely allowed the opportunity to engage in undirected creative activity, also known as playing. Gray notes that since the 1960s, time for play has taken a backseat in the lives of children in favor of rigid curriculums revolving around high-stakes testing. Even sports, which were once simply games played on the fly by a mixed group of neighborhood kids, have taken on the rigidity of life in a factory or cubicle.  The obsession with quantifying childhood progress has gone so far that charter schools in DC are beginning to conduct high stakes testing for three and four year old children.

Over the same time period, incidences of childhood mental illness have steadily increased. The number of children and young adults suffering from major depression and generalized anxiety disorder have increased between five and eightfold since the 1950s. The suicide rate for 15 – 24 year olds has doubled, while the suicide rate for those under the age of 15 has quadrupled.

The rise in these mental illnesses is coupled with a decrease in empathy and an increase in narcissism in young people, indicating that their ability to work with others — as is necessary in a society — has been muted. We’re raising a generation of anxious individuals who expect their life’s direction to come to them from orders from above. In short, we’re creating a generation ingrained with an authoritarian mindset.

This authoritarian mindset is an unavoidable consequence of the American education system. Indeed, while so-called education reformers insist on more tests, pushing schools to emulate the Chinese, Japanese, and South Korean educational systems, they miss a big piece of the puzzle: educators in those countries consider their systems a failure. Despite performing better than American children on certain international standardized tests, Chinese educators have noted that Chinese students have also demonstrated a “lack of social and practical skills, absence of self-discipline and imagination, loss of curiosity and passion for learning.”

Despite this fact, states are pushing ahead with programs like Common Core, which not only threatens our children’s quality of education, but their privacy as well. A great deal of data will be collected under new guidelines proposed by the program. While the purposes of the data collection appear legitimate on their face, mainly focused on keeping track of student progress, we must keep in mind that we are living in the era of Big Data, in which information becomes currency between the government and their corporate benefactors. The data collected on students goes beyond test scores and includes “social security numbers, attendance records, records of interaction with school counselors, identification of learning disabilities, and even disciplinary records.” Of course, having all of this information about every misstep or mistake one has made through his whole life does not bode well in a society in which government and corporate authorities are happy to punish any minor mishap.

We are living in an era where every personal decision, such as where to work, where to shop, where to play, who to love, who to befriend, who to worship, what to believe, and what to say, is open to scrutiny by government officials and corporate managers. It’s a poisonous mentality for those hoping to preserve democracy, and it’s being foisted upon our children, whether in the form of bureaucrats fashioning one-size-fits-all educational standards, or police officers investigating innocent activities such as children playing in the street as possible crimes.

This situation will only get worse as our children are taught to accept the police state as normal. Between the regimes of zero tolerance, the surveillance of students both in school and in their homes, and the value placed in standardized testing over teaching analytical thinking skills, we are raising a generation which is being encouraged to adopt the authoritarian mindset which pollutes the minds of our government and corporate leaders. By allowing our children to be subject to the forces of the market and the dictates of the state, we are ensuring tyranny within a generation or two, if not sooner. — John W. Whitehead

“Is it surprising that prisons resemble factories, schools, barracks, hospitals, which all resemble prisons?” – Michel Foucault

Once upon a time in America, parents breathed a sigh of relief when their kids went back to school after a summer’s hiatus, content in the knowledge that for a good portion of the day their kids would be gainfully occupied, out of harm’s way and out of trouble. Those were the good old days, before school shootings became a part of our national lexicon and schools, aiming for greater security, transformed themselves into quasi-prisons, complete with surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs and strip searches.

Unfortunately, somewhere along the way, instead of making the schools safer, we simply managed to make them more authoritarian. It used to be that if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school. Nowadays, students are not only punished for transgressions more minor than those—such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight—but they are punished with suspension, expulsion, and even arrest.

As a result, America is now on a fast track to raising up an Orwellian generation—one populated by compliant citizens accustomed to living in a police state and who march in lockstep to the dictates of the government. Indeed, as I point out in my book, A Government of Wolves: The Emerging American Police State, with every school police raid and overzealous punishment that is carried out in the name of school safety, the lesson being imparted is that Americans—especially young people—have no rights at all against the state or the police. In fact, the majority of schools today have adopted an all-or-nothing lockdown mindset that leaves little room for freedom, individuality or due process.

For example, when high school senior Ashley Smithwick grabbed the wrong lunch sack—her father’s—on the way to school, the star soccer player had no idea that her mistake would land her in a sea of legal troubles. Unbeknownst to Ashley, the lunchbox contained her father’s paring knife, a 2-inch blade he uses to cut his apple during lunch. It was only when a school official searching through students’ belongings found the diminutive knife, which administrators considered a “weapon,” that Ashley realized what had happened and explained the mistake. Nevertheless, school officials referred Ashley to the police, who in turn charged her with a Class 1 misdemeanor for possessing a “sharp-pointed or edged instrument on educational property.”

Tieshka Avery, a diabetic teenager living in Birmingham, Alabama, was slammed into a filing cabinet and arrested after falling asleep during an in-school suspension. The young lady, who suffers from sleep apnea and asthma, had fallen asleep while reading Huckleberry Finn in detention. After a school official threw a book at her, Avery went to the hall to collect herself. While speaking on the phone with her mother, she was approached from behind by a police officer, who slammed her into a filing cabinet and arrested her. Avery is currently pursuing a lawsuit against the school.

In May 2013, seven students at Enloe High in Raleigh, North Carolina, were arrested for throwing water balloons as part of a school prank. One parent, who witnessed police slamming one of the arrested students on the ground, was also arrested for attempting to calmly express his discontent with the way the students were being treated.

Unfortunately, while these may appear to be isolated incidents, they are indicative of a nationwide phenomenon in which children are treated like criminals, especially within the public schools. The ramifications are far-reaching. As Emily Bloomenthal, writing for the New York University Review of Law & Social Change, explains:

Studies have found that youth who have been suspended are at increased risk of being required to repeat a grade, and suspensions are a strong predictor of later school dropout. Researchers have concluded that “suspension often becomes a ‘pushout’ tool to encourage low-achieving students and those viewed as ‘troublemakers’ to leave school before graduation.” Students who have been suspended are also more likely to commit a crime and/or to end up incarcerated as an adult, a pattern that has been dubbed the “school-to-prison pipeline.”

Moreover, as suspensions and arrests for minor failings and childish behavior become increasingly common, so does the spread of mass surveillance in our nation’s schools. In fact, our schools have become a microcosm of the total surveillance state which currently dominates America, adopting a host of surveillance technologies, including video cameras, finger and palm scanners, iris scanners, as well as RFID and GPS tracking devices, to keep constant watch over their student bodies.

For example, in May 2013, Polk County School District in Florida foisted an iris scanning program on its students without parental consent. Parents were sent a letter explaining they could opt their children out of the program, but by the time the letter had reached parents, 750 children had already had their eyes scanned and their biometric data collected.

Making matters worse, these iris scanning programs are gaining traction in the schools, with school buses even getting in on the action. As students enter the school bus, they will be told to look through a pair of binocular-like scanners which will either blink, indicating that the student is on the right bus, or honk, indicating that they’ve chosen the wrong one. This technology is linked with a mobile app which parents can use to track their child’s exact whereabouts, as each time their eyes are scanned the parent receives a print out with their photo and Google map location, along with a timestamp. Benefits aside, the potential for abuse, especially in the hands of those who prey on the young, are limitless. 

Insiders expect this emerging industry to expand beyond schools to ATMs, airports, and other high security areas within the next few years. It’s definitely big business. The school security industry, which includes everything from biometrics to video surveillance, was worth $2.7 billion in 2012 and is expected to grow by 80% over the next five years and be worth $4.9 billion by 2017.

Even so, promises of profit, safety and efficiency aside, it doesn’t bode well for our nation’s youth who are being raised in quasi-prisonlike school environments where they are treated as if they have no rights and are taught even less about the Constitution. It has been said that America’s schools are the training ground for future generations. If so, and unless we can do something to rein in this runaway train, this next generation will be the most compliant, fearful and oppressed generation ever to come of age in America, and they will be marching in lockstep with the police state.

For more on this and other issues, read my new book, A Government of Wolves: The Emerging American Police State.

Whatever the issue might be, whether it’s mass surveillance, no-knock raids, or the right to freely express one’s views about the government, we’ve moved into a new age in which the rights of the citizenry are being treated as a secondary concern by the White House, Congress, the courts, and their vast holding of employees, including law enforcement officials. The disconnect, of course, is that the Constitution establishes a far different scenario in which government officials, including the police, are accountable to ‘we the people.’ For it to be otherwise, for government concerns to trump individual freedoms, with government officials routinely sidestepping the Constitution and reinterpreting the law to their own purposes, makes a mockery of everything this nation is supposed to stand for—self-government, justice, and the rule of law.

For example,  in a case that tests the limits of Second and Fourth Amendment protections for law-abiding gun owners, The Rutherford Institute has asked a Texas appeals court to ensure that individuals are not subjected to unannounced “no-knock” entries by police based solely on their lawful possession of a firearm. In a petition filed with the Texas Court of Criminal Appeals in Quinn v. State of Texas, Rutherford Institute attorneys have asked the court to establish that an individual’s exercise of his Second Amendment right to possess a firearm in his residence does not deprive the individual of his Fourth Amendment protection against “no-knock” executions of search warrants by police.

The case involves a Texas resident, John Quinn, whose home was stormed by a SWAT team that failed to knock and announce its entry in keeping with police protocol for non-violent situations. Although the SWAT team had been granted a search warrant on the basis of leads provided by informants that Quinn’s son may have been involved in drug activity, the warrant did not authorize police to enter the residence without knocking and announcing their entry. Nevertheless, based solely on the suspicion that there were firearms in the Quinn household, the SWAT team forcibly broke into Quinn’s home after he had gone to bed and proceeded to carry out a search of the premises. The raid resulted in police finding less than one gram of cocaine, which Quinn was charged with possessing. Lower courts rejected Quinn’s objection to the “no-knock” entry on the grounds that because police had information that guns were present at the residence, they were justified in making a forced and unannounced invasion into Quinn’s home.

Although established Fourth Amendment jurisprudence dictates that police officers entering a dwelling must knock on the door and announce their identity and purpose before attempting a forcible entry, police may disregard the knock and announce rule under circumstances presenting a threat of physical violence or a danger that evidence will be destroyed. In their petition to the Court of Criminal Appeals, Rutherford Institute attorneys argue that in the absence of any evidence of actual danger to police, the legal possession of a firearm, as guaranteed by the Second Amendment, is not sufficient to justify allowing police to override the Fourth Amendment’s protection against unannounced “no-knock” home invasions when executing warrants.

Affiliate attorney James A. Pikl of Scheef & Stone, LLP, in Frisco, Texas, is assisting the Institute in defending the rights of Quinn.

“How far does a man have to go to be thought so dangerous that he needs to be locked away, physically separated from the rest of the world, behind stone walls and iron bars? Clearly, it is a last resort.”—Joe, Land of the Blind

In the Wachowskis’ iconic 1999 film, The Matrix, the protagonist Neo is wakened from a lifelong slumber by Morpheus, a freedom fighter seeking to liberate humans from virtual slavery—a lifelong hibernation state—imposed by hyper-advanced artificial intelligence machines. With their minds plugged into a perfectly crafted virtual reality, few humans ever realize they are living in a dream world to such an extent that most are willing to give their lives in order to preserve the system that enslaves them.

Sound familiar? It should, because as I make clear in my new book, A Government of Wolves: The Emerging American Police State (available on Amazon.com and in stores), we too are living in a fantasy world carefully crafted to resemble a representative democracy, while in reality we are little more than slaves in thrall to an authoritarian regime, with its constant surveillance, manufactured media spectacles, secret courts, inverted justice, and violent repression of dissent. And for the few who dare to challenge the status quo such as Edward Snowden, they are assured of being branded either as conspiratorialists, alarmists, lunatics or outright traitors.

A Government of Wolves: The Emerging American Police State by John W. Whitehead

Consider how quickly the government’s attack dogs went from defending the NSA’s warrantless mass surveillance of Americans’ phone calls to targeting and punishing any and all parties involved in the “leak” of sensitive information, including labeling Snowden a traitor, charging him with espionage and warning foreign governments against giving him refuge. Adding to the surreal drama, President Obama has begun preaching about the need for Americans to “trust” their government, insisting that the NSA’s surveillance is perfectly legal with no acknowledgment of the fact that the information leaked by Snowden shed much-needed light on government corruption, illicit programs and treachery on the part of our so-called representatives.

So well-oiled and interconnected are the cogs, wheels and gear shifts in our government machinery that it can be near to impossible to decipher where the fault lies when something goes awry. What some are slowly coming to realize, however, is that the mechanism itself has changed. Its purpose is no longer to keep our republic running smoothly. To the contrary, this particular contraption’s purpose is to keep the corporate police state in power. Thus, when hiccups, belches, whinges and jams arise, they are not being caused by the mechanism itself becoming faulty—its various parts are already a corrupt part of the whole. Rather, that’s the sound of someone jamming the mechanism and interrupting the smooth flow of the corporate state.

Just consider how insidious and incestuous the various “parts” of the mechanism have become.

Congress. Perhaps the most notorious offenders and most obvious culprits in the creation of the corporate-state, Congress has proven itself to be both inept and avaricious, oblivious champions of an authoritarian system that is systematically dismantling their constituents’ fundamental rights. Congress’ most grievous behavior, however, is its failure to bring the president to task, who for all intents and purposes now operates above the law. The precedent set during the Bush administration of Congressmen going along with senseless and illegal White House policies has turned the office of the president into an untouchable, unstoppable force.

The President. Despite having ridden into office on a wave of optimism and the promise of a new America free of civil liberties abuses, President Obama has proven to be a more effective manipulator of the American people than his predecessors. His presidency has been defined by “kill lists,” the murder of civilians in secret drone strikes, the assassination of American citizens, the continued operation of Guantanamo Bay, the championing of warrantless surveillance of American citizens, and most recently, the funneling of arms to al-Qaeda backed rebels in Syria.

The Supreme Court. The U.S. Supreme Court—once the last refuge of justice, the one governmental body really capable of rolling back the slowly emerging tyranny enveloping America—has instead become the champion of the American police state, absolving government and corporate officials of their crimes while relentlessly punishing the average American for exercising his or her rights. Consider that in the past month alone, the justices have determined that criminal suspects, who are supposed to be treated as innocent until proven guilty, may have their DNA forcibly extracted from them by police. They have decided that staying silent while the police question you may be considered evidence of guilt, despite the Fifth Amendment’s protection against self-incrimination and the well-established “right to remain silent.” Finally, the Court has decided that it operates in a zone in which First Amendment protections cease to exist, as they have unilaterally barred protests outside the Supreme Court building, countering a federal court decision that determined that activities on the Supreme Court grounds are protected by the First Amendment. These are just three examples of a Court that, like the rest of the government, places profit, security, and convenience above our basic rights.

The Media. Of course, this triumvirate of total control would be completely ineffective without a propaganda machine provided by the world’s largest corporations. Besides shoving drivel down our throats at every possible moment, the so-called news agencies which are supposed to act as bulwarks against government propaganda have instead become the mouthpieces of the state. One need only look at the media’s behavior post-9/11 to understand what I mean. From championing the invasion of Iraq based upon absolute fabrications, to the fanatic support of all surveillance state policies and the demonization of whistle blowers like Edward Snowden and Bradley Manning, the pundits which pollute our airwaves are at best court jesters and at worst propagandists for the false reality created by the American government.

The American People. Of course, the most superior engine in the world still requires some form of energy to bring it to life and maintain it, and in this particular mechanism, “we the people” serve that vital function. We are the petrol that powers the motor, for good or bad. We now belong to a permanent underclass in America. It doesn’t matter what you call us—chattel, slaves, worker bees, drones, it’s all the same—what matters is that we are expected to march in lockstep with and submit to the will of the state in all matters, public and private.

Through our complicity in matters large and small, we have allowed an out-of-control corporate-state apparatus to take over every element of American society. Our failure to remain informed about what is taking place in our government, to know and exercise our rights, to vocally protest, to demand accountability on the part of our government representatives, and at a minimum to care about the plight of our fellow Americans has been our downfall. Having allowed ourselves to descend into darkness, refusing to see what is really happening, happily trading the truth for false promises of security and freedom, we have allowed the police state to emerge and to flourish.

Having started with The Matrix, allow me to conclude with a woefully overlooked film, Land of the Blind (2006), a dark political satire in which tyrannical rulers are overthrown by new leaders who prove to be just as bad, if not worse. In the film, citizens perceived as questioning the state are sent to “re-education camps” where the state’s concept of reality is drummed into their heads. Joe, a prison guard, is so impressed with a political prisoner Thorne that he eventually joins a coup to unseat the present dictator and replace him with Thorne. Before long, however, Joe becomes the target of the new government and comes to realize that the old boss is the same as the new boss.

In an age of governmental doublespeak, media obfuscation, and insidious subterfuge on all sides, it can at times be hard to know who is working for whom, and which side the “good guys,” if there are any, are really on. When in doubt, just remember what Orwell had to say about the matter in Animal Farm: “Four legs good, two legs bad.”

It’s bad enough that the government thinks it can violate our rights whenever it chooses and the populace accepts all manner of violations as long as they’re told it’s for their own good. However, once you start treating young people as if they have no rights by subjecting them to random lockdowns, mass searches, and drug-sniffing dogs, you’re not just violating their rights, you’re teaching them a horrific lesson—one that goes against every fundamental principle this country was founded upon—that we have no rights at all against the police state.

This is the principle at the heart of Burlison v. Springfield Public Schools, a case The Rutherford Institute has just appealed to the U.S. Supreme Court. Warning against the long-term ramifications of treating young people as if they have no rights, The Rutherford Institute has asked the U.S. Supreme Court to declare the use of random lockdowns, mass searches and drug-sniffing dogs in the public schools to be unconstitutional in violation of the Fourth Amendment’s prohibition on unreasonable seizures.

In appealing Burlison v. Springfield Public Schools to the high court, Rutherford Institute attorneys are challenging a Missouri school district’s policy of imposing a “lockdown” of the school for the purpose of allowing the local sheriff’s department, aided by drug-sniffing dogs, to perform mass inspections of students’ belongings. The U.S. Court of Appeals for the Eighth Circuit found the lockdown policy was a reasonable procedure to maintain the safety and security of students at the school. However, Rutherford Institute attorneys disagree, insisting that government officials should be required to show particularized suspicion for instituting such aggressive searches and should still be required to operate within the parameters of the Fourth Amendment.

The case started on April 22, 2010, when the principal of Central High School announced over the public address system that the school was going into “lockdown” and that students were prohibited from leaving their classrooms.  School officials and agents of the Greene County Sheriff’s Department thereafter ordered students to leave all personal belongings behind and exit the classrooms. Dogs were also brought in to assist in the raid. Upon re-entering the classrooms, students allegedly discovered that their belongings had been rummaged through. Mellony and Doug Burlison, who had two children attending Central High School, complained to school officials that the lockdown and search were a violation of their children’s rights. School officials allegedly responded by insisting that the search was a “standard drill” and policy of the school district which would continue.

The Rutherford Institute sued the school district in September 2010 on behalf of the Burlisons and their two children, asking a federal district court to declare that the practice of effecting a lockdown of the school and conducting random, suspicionless seizures and searches violates the Fourth Amendment to the U.S. Constitution and the similar provision of the Missouri Constitution. In its January 2012 decision, the district court declared that the random lockdown and mass searches did not violate students’ rights. In March 2013, the Court of Appeals affirmed the judgment, holding that the school’s interest in combatting drug use outweighed the privacy rights of students.

For  more on this and other pressing issues relating to the emerging police state in America, read my new book  A Government of Wolves: The Emerging American Police State, available now at Amazon.com.

“The administration has now lost all credibility. Mr. Obama is proving the truism that the executive branch will use any power it is given and very likely abuse it.” ­­– New York Times editorial board

“Everyone everywhere now understands how bad things have gotten – and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.” – Edward Snowden, alleged source of NSA leaks

There is a deep and abiding sense of unease permeating American society. From the IRS targeting politically conservative groups to the Department of Justice targeting journalists for surveillance, from the revelation that the National Security Agency (NSA) is tracking the telephone calls of most Americans to the public spectacle of whistleblower Bradley Manning’s trial, in recent weeks there has been no shortage of evidence that the new “normal” in the United States is not friendly to freedom.

The America we learned about in school, the one celebrated in songs and poems, the one to which our ancestors flocked in hopes of starting a new life based upon promises of wealth and liberty, is getting harder to find with every passing day. As I document in my new book, A Government of Wolves: The Emerging American Police State (available at Amazon.com), the American ideal of freedom and civic involvement is being replaced by a technocratic nightmare in which government bureaucrats and their allies in the corporate sector rig the rules of society in order to protect the power and privilege of a select few politicians and businessmen. All the while, the majority of the American people are kept in check via debt, imprisonment, and a vast surveillance network which keeps us monitored, controlled and marching in lock step with the government’s dictates.

If any of this sounds fantastical, it’s only because people haven’t been paying close enough attention. Why, in the past week alone, the government has doubled down on its attacks on individual liberty, government transparency, the rule of law, and basic human decency.

On Wednesday, June 5, it was revealed that the NSA has been systematically collecting information on all telephone calls placed in the United States via the Verizon network. Based upon a top-secret order handed down by the Foreign Intelligence Surveillance Court (FISA) in April 2013, Verizon has been forced to hand over its records to the NSA on an “ongoing, daily basis.” While the government insists that the content of telephone conversations are not recorded, they acknowledge that telephone numbers, location data, call duration, and other unique identifiers are sent to the NSA for analysis. The NSA collects information on about 3 billion phone calls per day.

Immediately following the revelation of the secret court order allowing the NSA to record the telephone activities of Verizon customers, The Washington Post released a top-secret document outlining a project code-named PRISM, which involves the NSA and FBI “tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio and video chats, photographs, e-mails, documents, and connection logs that enable analysts to track foreign targets.” These companies include Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple.

PRISM was born at the tail end of President Bush’s disastrous program of warrantless surveillance. It depends in part on legislation passed by Congress in 2007 and 2008, the Protect America Act and FISA Amendments Act, which provide immunity to private companies that voluntarily cooperate with government efforts to collect private data on users. Government officials are increasingly relying upon PRISM for data collection as the program has become the “most prolific contributor to the President’s Daily Brief” and nearly one in seven intelligence reports rely primarily on information extracted via the program.

While shocking to some, these revelations are par for the course for our out-of-control government. Relying on secret orders handed down from government officials and the courts and emboldened by members of Congress with little concern for protecting the rights of the citizenry, government agents are now able to flout all safeguards to privacy while still claiming that they are technically acting within the bounds of the law.

This is no trifling matter. Senators Ron Wyden (D-OR) and Mark Udall (D-CO) have warned that Americans are the subject of a surveillance program that knows no bounds. As Udall has warned, “there is nothing to prohibit the intelligence community from searching through a pile of communications, which may have been incidentally or accidentally collected without a warrant, to deliberately search for the phone calls or e-mails of specific Americans.” For his part, Wyden has asked NSA staff to disclose the number of Americans whose communications have been collected, but NSA officials continue to stonewall, even going so far as to suggest that estimating the number of Americans whose communications have been collected would violate their privacy rights.

In full damage control mode, the government wants us to believe that the surveillance is primarily directed at communications coming from foreign sources and that “reasonable procedures [are] in place to minimize collection of ‘U.S. persons’ data without a warrant.” However, as we are learning, the government rarely tells the truth.

In typical fashion, intelligence officials spent the week attacking journalists for reporting on the NSA’s secret surveillance programs, with Director of National Intelligence James Clapper calling the leaks “reprehensible” and vowing to prosecute whomever chose to leak the information. On Sunday, former CIA employee and NSA contractor Edward Snowden came forward as the source of the NSA leaks. Speaking from Hong Kong, Snowden insisted that the information needed to be seen by the American public, in part to “send a message to government that people will not be intimidated.”

Snowden’s actions speak to the need for greater citizen action and transparency in government, two qualities sorely lacking in America today. Typical of Beltway politics, however, rather than holding the government accountable for its systematic and illegal surveillance of American citizens, they’re looking to shoot the messenger. Indeed, the heads of both the House and Senate Intelligence committees, Rep. Mike Rogers (R-MI) and Senator Diane Feinstein (D-CA) have already come out in favor of Snowden’s prosecution.

This is par for the course for the Obama administration, which has relentlessly pursued whistleblowers intent on exposing government crimes. Just ask Bradley Manning, whose court martial is underway. The government plans to call over 140 witnesses to the stand in an attempt to prove that Manning knowingly “aided the enemy” when he released hundreds of thousands of diplomatic cables outlining various government and military abuses to Wikileaks.

If the government’s case succeeds, not only will Manning face life imprisonment, but whistleblowers and journalists alike who dare to hold a mirror to the bloated face of American government will find themselves targeted for censure and prosecution by government agents. Yet as veteran journalist Walter Lippmann once declared, “There can be no higher law in journalism than to tell the truth and to shame the devil.”

Frankly, we should all be doing our part to shame this particular devil.

“Everybody’s a target; everybody with communication is a target.”—A senior intelligence official previously involved with the Utah Data Center

The recent revelation that the National Security Agency (NSA) is collecting the telephone records of millions of Verizon customers, with the complete blessing of the Obama administration, should come as no surprise to anyone who has been paying attention over the past decade.

As I document in my new book A Government of Wolves: The Emerging American Police State (available now at Amazon.com), what we are witnessing, in the so-called name of security and efficiency, is the creation of a new class system comprised of the watched (average Americans such as you and me) and the watchers (government bureaucrats, technicians and private corporations). What too many fail to realize, consumed as they are with partisan politics and blinded by their own political loyalties, is that the massive bureaucracies—now computerized—that administer governmental policy transcend which party occupies the White House.

This explains why the civil liberties abuses carried out by the Bush Administration have not been corrected by the Obama Administration. Rather, they have been expanded upon. Take, for instance, the warrantless wiretapping program conducted during the Bush years, which resulted in the NSA monitoring the private communications of millions of Americans—a program that continues unabated today, with help from private telecommunications companies such as AT&T. The program recorded 320 million phone calls a day when it first started. It is estimated that the NSA has intercepted 15 to 20 trillion communications of American citizens since 9/11.

To our misfortune, the Obama White House has proven to be even worse than the Bush White House when it comes to invading the privacy rights of Americans. As Yale law professor Jack Balkin notes, “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state. [Obama has] systematically adopted policies consistent with the second term of the Bush Administration.” Unfortunately, whereas those on the Left raised a hew and cry over the Bush administration’s constant encroachments on Americans’ privacy rights, it appears that the political leanings of those on the Left have held greater sway than their principles. Consequently, the Obama administration has faced much less criticism for its blatant efforts to reinforce the surveillance state.

Insisting that terrorists “will come after us if they can and the only thing that we have to deter this is good intelligence to understand that a plot has been hatched and to get there before they get to us,” Senator Dianne Feinstein (D-Calif.), who chairs the Senate intelligence committee, is defending the NSA’s actions, as well as the secret court order requiring Verizon to turn over its phone records to government agents. It’s a tired, overused line that preys on Americans’ fear of another terrorist attack and offers phantom promises of security while ensuring neither safety nor greater freedom. Even the vague and unsupported claim put forth by House Intelligence Committee Chairman Mike Rogers (R-Mich.) that the NSA surveillance program “helped thwart ‘a significant case’ of terrorism in the United States ‘within the last few years’” fails to justify a program of this magnitude, which makes everyone a target and turns us all into a nation of suspects.

Clearly, the age of privacy in America is coming to a close. We have moved into a new paradigm in which surveillance technology which renders everyone a suspect is driving the bureaucratic ship that once was our democratic republic. It will not be long before no phone call, no email, no Tweet, no web search is safe from the prying eyes and ears of the government. People going about their daily business will no longer be assured that they are not being spied upon by federal agents and other government bureaucrats.

Thus, the question looms before us.  Can freedom in the United States continue to flourish and grow in an age when the physical movements, individual purchases, conversations, and meetings of every citizen are constantly under surveillance by private companies and government agencies?

Whether or not the surveillance is undertaken for so-called “worthy” (read: politically expedient) reasons such as preventing another terrorist attack, does not surveillance of all citizens gradually poison the soul of a nation and render us all data collected in government files? Does not such surveillance completely eviscerate our right to be free from unreasonable searches and seizures as guaranteed by our Constitution?

For  more on this and other pressing issues relating to the emerging police state in America, read my new book  A Government of Wolves: The Emerging American Police State, available now at Amazon.com.– John W. Whitehead

In a devastating ruling handed down in Maryland v. King, a divided U.S. Supreme Court has approved the practice by police of forcefully obtaining DNA samples from individuals arrested for serious crimes, even though they are presumed innocent, without first obtaining a search warrant.

Any American who thinks they’re safe from the threat of DNA sampling, blood draws, and roadside strip and/or rectal or vaginal searches simply because they’ve ‘done nothing wrong,’ needs to wake up to the new reality in which we’re now living. As the Supreme Court’s ruling in Maryland v. King shows, the mindset of those in the highest seats of power—serving on the courts, in the White House, in Congress—is a utilitarian one that has little regard for the Constitution, let alone the Fourth Amendment. Like Justice Scalia, all I can hope is that “today’s incursion upon the Fourth Amendment” will someday be repudiated.

As Justice Antonin Scalia, writing for the dissent, points out, the Court’s ruling succeeds only in burdening “the sole group for whom the Fourth Amendment’s protections ought to be most jealously guarded: people who are innocent of the State’s accusations.” Moreover, if such a dubious practice were to prevail simply for the sake of “solving more crimes,” as Scalia suggests, it would not take much to justify the “taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver’s license, or attends a public school.”

In 2009, Maryland police arrested Alonzo Jay King Jr. on charges of assault. Relying on a state law which authorizes DNA collection from people arrested but not yet convicted of a crime, police carried out a cheek swab on King to obtain his DNA profile without first procuring a warrant. The DNA sample was then matched up against a database which identified him as having allegedly been involved in a 2003 rape. King was then convicted of the 2003 crime. On appeal, the Maryland Court of Appeals ruled in April 2012 that the state law violated the Fourth Amendment. In an unusual move, in July 2012, Supreme Court Chief Justice John Roberts issued a stay of the lower court’s ruling, prior to the Court’s even agreeing to hear the case, using the rationale that collecting DNA from people accused of serious crimes is “an important feature of day-to-day law enforcement practice in approximately half the states and the federal government.”

In agreeing to hear the case, the Supreme Court was asked to determine whether the Fourth Amendment allowed law enforcement officials to collect DNA from people who have merely been arrested and so are presumed innocent. Yet  the Court’s subsequent 5-4 ruling which equates forcefully obtaining a DNA sample to “fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment,” further guts an already severely disemboweled Fourth Amendment. Justices Anthony Kennedy, John Roberts, Clarence Thomas, Stephen Breyer and Samuel Alito affirmed the practice of warrantless DNA grabs by the police. Issuing a strongly worded dissent were Justices Antonin Scalia, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.

The Supreme Court’s ruling in Maryland v. King is available at http://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdf.

For more on these issues, read my new book A Government of Wolves: The Emerging American Police State which paints a chilling portrait of a nation in the final stages of transformation into a police state, complete with surveillance cameras, drug-sniffing dogs, SWAT team raids, roadside strip searches, blood draws at DUI checkpoints, mosquito drones, tasers, privatized prisons, GPS tracking devices, zero tolerance policies, overcriminalization, and free speech zones.

“If you’re not a terrorist, if you’re not a threat, prove it. This is the price you pay to live in free society right now. It’s just the way it is.”—Sergeant Ed Mullins of the New York Police Department

Immediately following the devastating 9/11 attacks, which destroyed the illusion of invulnerability which had defined American society since the end of the Cold War, many Americans willingly ceded their rights and liberties to government officials who promised them that the feeling of absolute safety could be restored.

In the 12 years since, we have been subjected to a series of deceptions, subterfuges and scare tactics by the government, all largely aimed at amassing more power for the federal agencies and extending their control over the populace. Starting with the wars in Afghanistan and Iraq, continuing with the torture of detainees at Abu Ghraib and Guantanamo Bay, and coming to a head with the assassination of American citizens abroad, the importing of drones and other weapons of compliance, and the rise in domestic surveillance, we have witnessed the onslaught of a full-blown crisis in government.

Still Americans have gone along with these assaults on their freedoms unquestioningly.

Even with our freedoms in shambles, our country in debt, our so-called “justice” system weighted in favor of corporations and the police state, our government officials dancing to the tune of corporate oligarchs, and a growing intolerance on the part of the government for anyone who challenges the status quo, Americans have yet to say “enough is enough.”

Now, in the wake of the Boston Marathon bombing, we are once again being assured that if we only give up a few more liberties and what little remains of our privacy, we will achieve that elusive sense of security we’ve yet to attain. This is the same song and dance that comes after every tragedy, and it’s that same song and dance which has left us buying into the illusion that we are a free, safe society.

The reality of life in America tells a different tale, however. For example, in a May 2013 interview with CNN, former FBI counterterrorism agent Tim Clemente disclosed that the federal government is keeping track of all digital communications that occur within the United States, whether or not those communicating are American citizens, and whether or not they have a warrant to do so.

As revelatory as the disclosure was, it caused barely a ripple of dismay among Americans, easily distracted by the torrent of what passes for entertainment news today. Yet it confirms what has become increasingly apparent in the years after 9/11: the federal government is literally tracking any and all communications occurring within the United States, without concern for the legal limitations of such activity, and without informing the American people that they are doing so.

Clemente dropped his bombshell during a CNN interview about authorities’ attempts to determine the nature of communications between deceased Boston bombing suspect Tamerlan Tsarnaev and his widow Katherine Russell. In the course of that conversation, Clemente revealed that federal officials will not only be able to access any voicemails that may have been left by either party, but that the entirety of the phone conversations they had will be at federal agents’ finger tips.

“We certainly have ways in national security investigations to find out exactly what was said in that conversation,” stated Clemente. “All of that stuff [meaning phone conversations occurring in America] is being captured as we speak whether we know it or like it or not.” A few days later, Clemente was asked to clarify his comments, at which point he said, “There is a way to look at all digital communications in the past. No digital communication is secure.”

In other words, there is no form of digital communication that the government cannot and does not monitor—phone calls, emails, text messages, tweets, Facebook posts, internet video chats, etc., are all accessible, trackable and downloadable by federal agents.

At one time, such actions by the government would not only have been viewed as unacceptable, they would also have been considered illegal. However, government officials have been engaged in an ongoing attempt to legitimize these actions by passing laws that make the lives of all Americans an open book for government agents. For example, while the nation was caught up in the drama of the Boston bombing and the ensuing military-style occupation of the city by local and federal police, Congress passed a little-noticed piece of legislation known as the Cyber Intelligence Sharing and Protection Act (CISPA). The legislation, which the House of Representatives approved by an overwhelming margin of 288-127, will allow internet companies to share their users’ private data with the federal government and other private companies in order to combat so-called “cyber threats.”

In short, the law dismantles any notion of privacy on the internet, opening every action one undertakes online, whether emailing, shopping, banking, or just browsing, to scrutiny by government agents. While CISPA has yet to clear the U.S. Senate Committee on Commerce, Science, and Transportation, the spirit of it is alive and well. In fact, officials in the Obama administration have for some time now been authorizing corporate information sharing and spying in secret through the use of executive orders and other tactics.

The Justice Department, for instance, has been issuing so-called “2511 letters” to various internet service providers like AT&T, which immunize them from being prosecuted under federal wiretapping laws for providing the federal government with private information. Despite federal court rulings to the contrary, the Department of Justice continues to assert that it does not require a warrant to access Americans’ emails, Facebook chats, and other forms of digital communication.

NSA Surveillance Octopus

While it may be tempting to lay the full blame for these erosions of our privacy on the Obama administration, they are simply continuing a system of mass surveillance, the seeds of which were planted in the weeks after 9/11, when the National Security Agency (NSA) began illegally tracking the communications of American citizens. According to a Washington Post article published in 2010, the NSA continues to collect 1.7 billion communications, whether telephone, email or otherwise, every single day.

The NSA and Department of Justice are just two pieces of a vast surveillance network which encompasses and implicates most of the federal government, as well as the majority of technology and telecommunications companies in the United States. For the past two years, the United States Foreign Intelligence Surveillance Court has approved literally every single request by the federal government to spy on people within the United States. There have been some 4,000 applications rubberstamped by the court in the past two years, applications which allow federal officials to monitor the communications of any person in the United States, including American citizens, if they are believed to be in contact with someone overseas.

These government-initiated spying programs depend in large part on the willingness of corporations to hand over personal information about their customers to government officials. Sometimes the government purchases the information outright. At other times, the government issues National Security Letters, which allow the government to force companies to hand over personal information without a warrant or probable cause.

Some web companies, such as Skype, have already altered their products to allow government access to personal information. In fact, government agents can now determine the credit card information and addresses of Skype users under suspicion of criminal activity. Aside from allowing government agents backdoor access to American communications, corporations are also working on technologies to allow government agents even easier access to Americans’ communications.

For example, Google has filed a patent for a “Policy Violation Checker,” software which would monitor an individual’s communications as they type them out, whether in an email, an Excel spreadsheet or some other digital document, then alert the individual, and potentially their employer or a government agent, if they type any “problematic phrases” which “present policy violations, have legal implications, or are otherwise troublesome to a company, business, or individual.” The software would work by comparing the text being typed to a pre-defined database of “problematic phrases,” which would presumably be defined on a company-by-company basis.

The emergence of this technology fits in well with Google chairman Eric Schmidt’s view on privacy, which is that “If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.” Unfortunately, this is not just the attitude of corporate benefactors who stand to profit from creating spy technology and software but government officials as well.

Additionally, police officials throughout the country have become increasingly keen on monitoring social media websites in real time. Rob D’Ovido, a criminal justice professor at Drexel University, has noted that, “The danger of this in light of the tragedy in Boston is that law enforcement is being so risk-averse they are in danger of crossing that line and going after what courts would ultimately deem as free speech.”

Cameron Dambrosio

For example, Cameron Dambrosio, a teenager and self-styled rap artist living in Metheun, Massachusetts, posted a video of one of his original songs on the internet which included references to the White House and the Boston bombing. While the song’s lyrics may well have been crude and ill-advised in the wake of the Boston bombing, police officers exacerbated the situation by arresting Dambrosio and charging him with communicating terrorist threats, a felony charge which could land him in prison for twenty years.

Unfortunately, cases like Dambrosio’s may soon become the norm, as the FBI’s Next Generation Cyber Initiative has announced that its “top legislative priority” this year is to get social media giants like Facebook and Google to comply with requests for access to real-time updates of social media websites. The proposed method of encouraging compliance is legal inquiries and hefty fines leveled at these companies. The Obama administration is expected to support the proposal.

The reality is this:  we no longer live in a free society. Having traded our freedoms for a phantom promise of security, we now find ourselves imprisoned in a virtual cage of cameras, wiretaps and watchful government eyes. All the while, the world around us is no safer than when we started on this journey more than a decade ago. Indeed, it well may be that we are living in a far more dangerous world, not so much because the terrorist threat is any greater but because the government itself has become the greater threat to our freedoms. — John W. Whitehead