surveillance | John W. Whitehead, Constitutional Attorney

Posts Tagged ‘surveillance’

The Wolf Is Guarding the Hen House: The Government’s War on Cyberterrorism

Posted: March 17, 2015 in Uncategorized
Tags: CISPA, cyberattacks, cybersecurity, DHS, executive orders, FISA courts, fourth amendment, nsa, Patriot Act, police state, surveillance

“The game is rigged, the network is bugged, the government talks double-speak, the courts are complicit and there’s nothing you can do about it.”—David Kravets, reporting for Wired

Nothing you write, say, text, tweet or share via phone or computer is private anymore. As constitutional law professor Garrett Epps points out, “Big Brother is watching…. Big Brother may be watching you right now, and you may never know. Since 9/11, our national life has changed forever. Surveillance is the new normal.”

This is the reality of the internet-dependent, plugged-in life of most Americans today.

A process which started shortly after 9/11 with programs such as Total Information Awareness (the predecessor to the government’s present surveillance programs) has grown into a full-fledged campaign of warrantless surveillance, electronic tracking and data mining, thanks to federal agents who have been given carte blanche access to the vast majority of electronic communications in America. Their methods completely undermine constitution safeguards, and yet no federal agency, president, court or legislature has stepped up to halt this assault on our rights.

For the most part, surveillance, data mining, etc., is a technological, jargon-laden swamp through which the average American would prefer not to wander. Consequently, most Americans remain relatively oblivious to the government’s ever-expanding surveillance powers, appear unconcerned about the fact that the government is spying on them, and seem untroubled that there is no way of opting out of this system. This state of delirium lasts only until those same individuals find themselves arrested or detained for something they did, said or bought that runs afoul of the government’s lowering threshold for what constitutes criminal activity.

All the while, Congress, the courts, and the president (starting with George W. Bush and expanding exponentially under Barack Obama) continue to erect an electronic concentration camp the likes of which have never been seen before.

A good case in point is the Cybersecurity Information Sharing Act (CISA), formerly known as CISPA (Cyber Intelligence Sharing and Protection Act). Sold to the public as necessary for protecting us against cyber attacks or internet threats such as hacking, this Orwellian exercise in tyranny-masquerading-as-security actually makes it easier for the government to spy on Americans, while officially turning Big Business into a government snitch.

Be warned: this cybersecurity bill is little more than a wolf in sheep’s clothing or, as longtime critic Senator Ron Wyden labeled it, “a surveillance bill by another name.”

Lacking any significant privacy protections, CISA, which sacrifices privacy without improving security, will do for surveillance what the Patriot Act did for the government’s police powers: it will expand, authorize and normalize the government’s intrusions into the most intimate aspects of our lives to such an extent that there will be no turning back. In other words, it will ensure that the Fourth Amendment, which protects us against unfounded, warrantless government surveillance, does not apply to the Internet or digital/electronic communications of any kind.

In a nutshell, CISA would make it legal for the government to spy on the citizenry without their knowledge and without a warrant under the guise of fighting cyberterrorism. It would also protect private companies from being sued for sharing your information with the government, namely the National Security Agency (NSA) and the Department of Homeland Security (DHS), in order to prevent “terrorism” or an “imminent threat of death or serious bodily harm.”

Law enforcement agencies would also be given broad authority to sift through one’s data for any possible crimes. What this means is that you don’t even have to be suspected of a crime to be under surveillance. The bar is set so low as to allow government officials to embark on a fishing expedition into your personal affairs—emails, phone calls, text messages, purchases, banking transactions, etc.—based only on their need to find and fight “crime.”

Take this anything-goes attitude towards government surveillance, combine it with Big Business’ complicity over the government’s blatantly illegal acts, the ongoing trend towards overcriminalization, in which minor acts are treated as major crimes, and the rise of private prisons, which have created a profit motive for jailing Americans, and you have all the makings of a fascist police state.

So who can we count on to protect us from the threat of government surveillance?

It won’t be the courts. Not in an age of secret courts, secret court rulings, and an overall deference by the courts to anything the government claims is necessary to its fight against terrorism. Most recently, the U.S. Supreme Court refused to hear a case challenging the government’s massive electronic wiretapping program. As Court reporter Lyle Denniston notes:

Daoud v. United States was the first case, in the nearly four-decade history of electronic spying by the U.S. government to gather foreign intelligence, in which a federal judge had ordered the government to turn over secret papers about how it had obtained evidence through wiretaps of telephones and Internet links. That order, however, was overturned by the U.S. Court of Appeals for the Seventh Circuit, whose ruling was the one the Justices on Monday declined to review…. One of the unusual features of the government’s global electronic spying program is that the individuals whose conversations or e-mails have been monitored almost never hear about it, because the program is so shrouded in secrecy — except when the news media manages to find out some details. But, if the government plans to use evidence it gathered under that program against a defendant in a criminal trial, it must notify the defendant that he or she has been monitored.

It won’t be Congress, either (CISA is their handiwork, remember), which has failed to do anything to protect the citizenry from an overbearing police state, all the while enabling the government to continue its power grabs. It was Congress that started us down this whole Big Brother road with its passage and subsequent renewals of the USA Patriot Act, which drove a stake through the heart of the Bill of Rights. The Patriot Act rendered First Amendment activists potential terrorists; justified broader domestic surveillance; authorized black bag “sneak-and-peak” searches of homes and offices by government agents; granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited.

The Patriot Act also gave the government the green light to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they told anyone that the government had subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

And it certainly won’t be the president. Indeed, President Obama recently issued an executive order calling on private companies (phone companies, banks, Internet providers, you name it) to share their customer data (your personal data) with each other and, most importantly, the government. Here’s the problem, however: while Obama calls for vague protections for privacy and civil liberties without providing any specific recommendations, he appoints the DHS to oversee the information sharing and develop guidelines with the attorney general for how the government will collect and share the data.

Talk about putting the wolf in charge of the hen house.

Mind you, this is the same agency, rightly dubbed a “wasteful, growing, fear-mongering beast,” that is responsible for militarizing the police, weaponizing SWAT teams, spying on activists, stockpiling ammunition, distributing license plate readers to state police, carrying out military drills in American cities, establishing widespread surveillance networks through the use of fusion centers, funding city-wide surveillance systems, accelerating the domestic use of drones, and generally establishing itself as the nation’s standing army, i.e., a national police force.

This brings me back to the knotty problem of how to protect Americans from cyber attacks without further eroding our privacy rights.

Dependent as we are on computer technology for almost all aspects of our lives, it’s feasible that a cyberattack on American computer networks really could cripple both the nation’s infrastructure and its economy. So do we allow the government liberal powers to control and spy on all electronic communications flowing through the United States? Can we trust the government not to abuse its privileges and respect our privacy rights? Does it even matter, given that we have no real say in the matter?

As I point out in my book A Government of Wolves: The Emerging American Police State, essentially, there are three camps of thought on the question of how much power the government should have, and which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time, for the time being, the one calling the shots being the Obama administration.

In the first camp are those who trust the government to do the right thing—or, at least, they trust the Obama administration to look out for their best interests. To this group, CISA is simply a desperately needed blueprint for safeguarding us against a possible cyberattack, with a partnership between the government and Big Business serving as the most logical means of thwarting such an attack. Any suggestion that the government and its corporate cohorts might abuse this power is dismissed as conspiratorial hysterics. The problem, as technology reporter Adam Clark Estes points out, is that CISA is a “privacy nightmare” that “stomps all over civil liberties” without making “the country any safer against cyberattacks.”

In the second camp are those who not only don’t trust the government but think the government is out to get them. Sadly, they’ve got good reason to distrust the government, especially when it comes to abusing its powers and violating our rights. For example, consider that government surveillance of innocent Americans has exploded over the past decade. In fact, Wall Street Journal reporter Julia Angwin has concluded that, as a result of its spying and data collection, the U.S. government has more data on American citizens than the Stasi secret police had on East Germans. To those in this second group, CISA is nothing less than the writing on the wall that surveillance is here to stay, meaning that the government will continue to monitor, regulate and control all means of communications.

Then there’s the third camp, which neither sees government as an angel or a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.” A distrust of all who hold governmental power was rife among those who drafted the Constitution and the Bill of Rights. James Madison, the nation’s fourth president and the author of the Bill of Rights, was particularly vocal in warning against government. He once observed, “All men having power ought to be distrusted to a certain degree.”

To those in the third camp, the only way to ensure balance in government is by holding government officials accountable to abiding by the rule of law. Unfortunately, with all branches of the government, including the courts, stridently working to maintain its acquired powers, and the private sector marching in lockstep, there seems to be little to protect the American people from the fast-growing electronic surveillance state.

In the meantime, surveillance has become the new normal, and the effects of this endless surveillance are taking a toll, resulting in a more anxious and submissive citizenry. As Fourth Amendment activist Alex Marthews points out,

Mass surveillance is becoming a punchline. Making it humorous makes mass surveillance seem easy and friendly and a normal part of life…we make uneasy jokes about how we should watch what we say, about the government looking over our shoulders, about cameras and informers and eyes in the sky. Even though we may not in practice think that these agencies pay us any mind, mass surveillance still creates a chilling effect: We limit what we search for online and inhibit expression of controversial viewpoints. This more submissive mentality isn’t a side effect. As far as anyone is able to measure, it’s the main effect of mass surveillance. The effect of such programs is not primarily to thwart attacks by foreign terrorists on U.S. soil; it’s to discourage challenges to the security services’ authority over our lives here at home.

How DNA Is Turning Us Into a Nation of Suspects

Posted: March 9, 2015 in Uncategorized
Tags: biometrics, CODIS, crime scene, DNA, dystopian, FBI, fourth amendment, Maryland v. King, Minority Report, police, Raynor v. Maryland, shed DNA, supreme court, surveillance

“The year is 2025. The population is 325 million, and the FBI has the DNA profiles of all of them. Unlike fingerprints, these profiles reveal vital medical information. The universal database arrived surreptitiously. First, the Department of Defense’s repository of DNA samples from all military personnel, established to identify remains of soldiers missing from action, was given to the FBI. Then local police across the country shadowed individuals, collecting shed DNA for the databank. On the way, thousands of innocent people were imprisoned because they had the misfortune to have race-based crime genes in their DNA samples. Sadly, it did not have to be this way. If only we had passed laws against collecting and using shed DNA….”—Professor David H. Kaye

Every dystopian sci-fi film we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science, technology and a government that wants to be all-seeing, all-knowing and all-powerful.

By tapping into your phone lines and cell phone communications, the government knows what you say. By uploading all of your emails, opening your mail, and reading your Facebook posts and text messages, the government knows what you write. By monitoring your movements with the use of license plate readers, surveillance cameras and other tracking devices, the government knows where you go.

By churning through all of the detritus of your life—what you read, where you go, what you say—the government can predict what you will do. By mapping the synapses in your brain, scientists—and in turn, the government—will soon know what you remember. And by accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc.

Of course, none of these technologies are foolproof. Nor are they immune from tampering, hacking or user bias. Nevertheless, they have become a convenient tool in the hands of government agents to render null and void the Constitution’s requirements of privacy and its prohibitions against unreasonable searches and seizures.

Consequently, no longer are we “innocent until proven guilty” in the face of DNA evidence that places us at the scene of a crime, behavior sensing technology that interprets our body temperature and facial tics as suspicious, and government surveillance devices that cross-check our biometrics, license plates and DNA against a growing database of unsolved crimes and potential criminals.

The government’s questionable acquisition and use of DNA to identify individuals and “solve” crimes has come under particular scrutiny in recent years. Until recently, the government was required to at least observe some basic restrictions on when, where and how it could access someone’s DNA. That has all been turned on its head by various U.S. Supreme Court rulings, including the recent decision to let stand the Maryland Court of Appeals’ ruling in Raynor v. Maryland, which essentially determined that individuals do not have a right to privacy when it comes to their DNA.

Although Glenn Raynor, a suspected rapist, willingly agreed to be questioned by police, he refused to provide them with a DNA sample. No problem. Police simply swabbed the chair in which Raynor had been sitting and took what he refused to voluntarily provide. Raynor’s DNA was a match, and the suspect became a convict. In refusing to hear the case, the U.S. Supreme Court gave its tacit approval for government agents to collect shed DNA, likening it to a person’s fingerprints or the color of their hair, eyes or skin.

Whereas fingerprint technology created a watershed moment for police in their ability to “crack” a case, DNA technology is now being hailed by law enforcement agencies as the magic bullet in crime solving. It’s what police like to refer to a “modern fingerprint.” However, unlike a fingerprint, a DNA print reveals everything about “who we are, where we come from, and who we will be.”

With such a powerful tool at their disposal, it was inevitable that the government’s collection of DNA would become a slippery slope toward government intrusion. Certainly, it was difficult enough trying to protect our privacy in the wake of a 2013 Supreme Court ruling in Maryland v. King that likened DNA collection to photographing and fingerprinting suspects when they are booked, thereby allowing the government to take DNA samples from people merely “arrested” in connection with “serious” crimes. At that time, Justice Antonin Scalia warned that as a result of the Court’s ruling, “your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason.”

Now, in the wake of this Raynor ruling, Americans are vulnerable to the government accessing, analyzing and storing their DNA without their knowledge or permission. As the dissenting opinion in Raynor for the Maryland Court of Appeals rightly warned, “a person desiring to keep her DNA profile private, must conduct her public affairs in a hermetically sealed hazmat suit…. The Majority’s holding means that a person can no longer vote, participate in a jury, or obtain a driver’s license, without opening up his genetic material for state collection and codification.”

All 50 states now maintain their own DNA databases, although the protocols for collection differ from state to state. That DNA is also being collected in the FBI’s massive national DNA database, code-named CODIS (Combined DNA Index System), which was established as a way to identify and track convicted felons and has since become a de facto way to identify and track the American people from birth to death.

Indeed, hospitals have gotten in on the game by taking and storing newborn babies’ DNA, often without their parents’ knowledge or consent. It’s part of the government’s mandatory genetic screening of newborns. However, in many states, the DNA is stored indefinitely. What this means for those being born today is inclusion in a government database that contains intimate information about who they are, their ancestry, and what awaits them in the future, including their inclinations to be followers, leaders or troublemakers.

For the rest of us, it’s just a matter of time before the government gets hold of our DNA, either through mandatory programs carried out in connection with law enforcement and corporate America, or through the collection of our “shed” or “touch” DNA.

While much of the public debate, legislative efforts and legal challenges in recent years have focused on the protocols surrounding when police can legally collect a suspect’s DNA (with or without a search warrant and whether upon arrest or conviction), the question of how to handle “shed” or “touch” DNA has largely slipped through without much debate or opposition.

Yet as scientist Leslie A. Pray notes:

We all shed DNA, leaving traces of our identity practically everywhere we go. Forensic scientists use DNA left behind on cigarette butts, phones, handles, keyboards, cups, and numerous other objects, not to mention the genetic content found in drops of bodily fluid, like blood and semen. In fact, the garbage you leave for curbside pickup is a potential gold mine of this sort of material. All of this shed or so-called abandoned DNA is free for the taking by local police investigators hoping to crack unsolvable cases. Or, if the future scenario depicted at the beginning of this article is any indication, shed DNA is also free for inclusion in a secret universal DNA databank.

What this means is that if you have the misfortune to leave your DNA traces anywhere a crime has been committed, you’ve already got a file somewhere in some state or federal database—albeit it may be a file without a name. As Forensic magazine reports, “As officers have become more aware of touch DNA’s potential, they are using it more and more. Unfortunately, some [police] have not been selective enough when they process crime scenes. Instead, they have processed anything and everything at the scene, submitting 150 or more samples for analysis.” Even old samples taken from crime scenes and “cold” cases are being unearthed and mined for their DNA profiles.

Today, helped along by robotics and automation, DNA processing, analysis and reporting takes far less time and can bring forth all manner of information, right down to a person’s eye color and relatives. Incredibly, one company specializes in creating “mug shots” for police based on DNA samples from unknown “suspects” which are then compared to individuals with similar genetic profiles.

If you haven’t yet connected the dots, let me point the way: Having already used surveillance technology to render the entire American populace potential suspects, DNA technology in the hands of government will complete our transition to a suspect society in which we are all merely waiting to be matched up with a crime.

No longer can we consider ourselves innocent until proven guilty. As I make clear in my book A Government of Wolves: The Emerging American Police State, now we are all suspects in a DNA lineup until circumstances and science say otherwise.

Of course, there will be those who point to DNA’s positive uses in criminal justice, such as in those instances where it is used to absolve someone on death row of a crime he didn’t commit, and there is no denying its beneficial purposes at times. However, as is the case with body camera footage and every other so-called technology that is hailed as a “check” on government abuses, in order for the average person—especially one convicted of a crime—to request and get access to DNA testing, they first have to embark on a costly, uphill legal battle through red tape and, even then, they are opposed at every turn by a government bureaucracy run by prosecutors, legislatures and law enforcement.

What this amounts to is a scenario in which we have little to no defense of against charges of wrongdoing, especially when “convicted” by technology, and even less protection against the government sweeping up our DNA in much the same way it sweeps up our phone calls, emails and text messages.

Yet if there are no limits to government officials being able to access your DNA and all that it says about you, then where do you draw the line? As technology makes it ever easier for the government to tap into our thoughts, our memories, our dreams, suddenly the landscape becomes that much more dystopian.

With the entire governmental system shifting into a pre-crime mode aimed at detecting and pursuing those who “might” commit a crime before they have an inkling, let alone an opportunity, to do so, it’s not so far-fetched to imagine a scenario in which government agents (FBI, local police, etc.) target potential criminals based on their genetic disposition to be a “troublemaker” or their relationship to past dissenters. Equally disconcerting: if scientists can, using DNA, track salmon across hundreds of square miles of streams and rivers, how easy will it be for government agents to not only know everywhere we’ve been and how long we were at each place but collect our easily shed DNA and add it to the government’s already burgeoning database?

As always there will be those voices—well-meaning, certainly—insisting that if you want to save the next girl from being raped, abducted or killed, then we need to give the government all the tools necessary to catch these criminals before they can commit their heinous crimes.

It’s hard to argue against such a stance. If you care for someone, you’re particularly vulnerable to this line of reasoning. Of course we don’t want our wives butchered, our girlfriends raped, our daughters abducted and subjected to all manner of atrocities. But what about those cases in which the technology proved to be wrong, either through human error or tampering? It happens more often than we are told.

For example, David Butler spent eight months in prison for a murder he didn’t commit after his DNA was allegedly found on the murder victim and surveillance camera footage placed him in the general area the murder took place. Conveniently, Butler’s DNA was on file after he had voluntarily submitted it during an investigation years earlier into a robbery at his mother’s home. The case seemed cut and dried to everyone but Butler who proclaimed his innocence. Except that the DNA evidence and surveillance footage was wrong: Butler was innocent.

That Butler’s DNA was supposedly found on the victim’s nails was attributed to three things: one, Butler was a taxi driver “and so it was possible for his DNA to be transferred from his taxi via money or another person, onto the murder victim”; two, Butler had a rare skin condition causing him to shed flakes of skin—i.e., more DNA to spread around, much more so than the average person; and three, police wanted him to be the killer, despite the fact that “the DNA sample was only a partial match, of poor quality, and experts at the time said they could neither say that he was guilty nor rule him out.”

Moreover, despite the insistence by government agents that DNA is infallible, New York Times reporter Andrew Pollack makes a clear and convincing case that DNA evidence can, in fact, be fabricated. Israeli scientists “fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva,” stated Pollack. “They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.” The danger, warns scientist Dan Frumkin, is that crime scenes can be engineered with fabricated DNA.

Now if you happen to be the kind of person who trusts the government implicitly and refuses to believe it would ever do anything illegal or immoral, then the prospect of government officials—police, especially—using fake DNA samples to influence the outcome of a case might seem outlandish. But for those who know their history, the probability of our government acting in a way that is not only illegal but immoral becomes less a question of “if” and more a question of “when.”

Creepy, Calculating and Controlling: All the Ways Big Brother Is Watching You

Posted: February 16, 2015 in Uncategorized
Tags: biometric databases, DEA, DHS, doppler radar devices, drones, FBI, fourth amendment, George Orwell, internet kill switch, internet of things, license plate readers, nsa, Philip K. Dick, police state, privacy, radar guns, smart tvs, stingray devices, surveillance, surveillance cameras

“You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”—George Orwell, 1984

None of us are perfect. All of us bend the rules occasionally. Even before the age of overcriminalization, when the most upstanding citizen could be counted on to break at least three laws a day without knowing it, most of us have knowingly flouted the law from time to time.

Indeed, there was a time when most Americans thought nothing of driving a few miles over the speed limit, pausing (rather than coming to a full stop) at a red light when making a right-hand turn if no one was around, jaywalking across the street, and letting their kid play hookie from school once in a while. Of course, that was before the era of speed cameras that ticket you for going even a mile over the posted limit, red light cameras that fine you for making safe “rolling stop” right-hand turns on red, surveillance cameras equipped with facial recognition software mounted on street corners, and school truancy laws that fine parents for “unexcused” absences.

My, how times have changed.

Today, there’s little room for indiscretions, imperfections, or acts of independence—especially not when the government can listen in on your phone calls, monitor your driving habits, track your movements, scrutinize your purchases and peer through the walls of your home. That’s because technology—specifically the technology employed by the government against the American citizenry—has upped the stakes dramatically so that there’s little we do that is not known by the government.

In such an environment, you’re either a paragon of virtue, or you’re a criminal.

If you haven’t figured it out yet, we’re all criminals. This is the creepy, calculating yet diabolical genius of the American police state: the very technology we hailed as revolutionary and liberating has become our prison, jailer, probation officer, Big Brother and Father Knows Best all rolled into one.

Consider that on any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of this new age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. As I point out in my book, A Government of Wolves: The Emerging American Police State, this doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

For example, police have been using Stingray devices mounted on their cruisers to intercept cell phone calls and text messages without court-issued search warrants. Thwarting efforts to learn how and when these devices are being used against an unsuspecting populace, the FBI is insisting that any inquiries about the use of the technology be routed to the agency “in order to allow sufficient time for the FBI to intervene to protect the equipment/technology and information from disclosure and potential compromise.”

Doppler radar devices, which can detect human breathing and movement within in a home, are already being employed by the police to deliver arrest warrants and are being challenged in court. One case in particular, United States v Denson, examines how the Fourth Amendment interacts with the government’s use of radar technology to peer inside a suspect’s home. As Judge Neil Gorsuch recognizes in the Tenth Circuit Court of Appeal’s ruling in the case, “New technologies bring with them not only new opportunities for law enforcement to catch criminals but also new risks for abuse and new ways to invade constitutional rights.”

License plate readers, yet another law enforcement spying device made possible through funding by the Department of Homeland Security, can record up to 1800 license plates per minute. However, it seems these surveillance cameras can also photograph those inside a moving car. Recent reports indicate that the Drug Enforcement Administration has been using the cameras in conjunction with facial recognition software to build a “vehicle surveillance database” of the nation’s cars, drivers and passengers.

Sidewalk and “public space” cameras, sold to gullible communities as a sure-fire means of fighting crime, is yet another DHS program that is blanketing small and large towns alike with government-funded and monitored surveillance cameras. It’s all part of a public-private partnership that gives government officials access to all manner of surveillance cameras, on sidewalks, on buildings, on buses, even those installed on private property.

Couple these surveillance cameras with facial recognition and behavior-sensing technology and you have the makings of “pre-crime” cameras, which scan your mannerisms, compare you to pre-set parameters for “normal” behavior, and alert the police if you trigger any computerized alarms as being “suspicious.”

Capitalizing on a series of notorious abductions of college-aged students, several states are pushing to expand their biometric and DNA databases by requiring that anyone accused of a misdemeanor have their DNA collected and catalogued. However, technology is already available that allows the government to collect biometrics such as fingerprints from a distance, without a person’s cooperation or knowledge. One system can actually scan and identify a fingerprint from nearly 20 feet away.

Radar guns have long been the speed cop’s best friend, allowing him to hide out by the side of the road, identify speeding cars, and then radio ahead to a police car, which does the dirty work of pulling the driver over and issuing a ticket. Never mind that what this cop is really doing is using an electronic device to search your car without a search warrant, violating the Fourth Amendment and probable cause. Yet because it’s a cash cow for police and the governments they report to, it’s a practice that is not only allowed but encouraged. Indeed, developers are hard at work on a radar gun that can actually show if you or someone in your car is texting. No word yet on whether the technology will also be able to detect the contents of that text message.

It’s a sure bet that anything the government welcomes (and funds) too enthusiastically is bound to be a Trojan horse full of nasty surprises. Case in point: police body cameras. Hailed as the easy fix solution to police abuses, these body cameras—made possible by funding from the Department of Justice—will turn police officers into roving surveillance cameras. Of course, if you try to request access to that footage, you’ll find yourself being led a merry and costly chase through miles of red tape, bureaucratic footmen and unhelpful courts.

The “internet of things” refers to the growing number of “smart” appliances and electronic devices now connected to the internet and capable of interacting with each other and being controlled remotely. These range from thermostats and coffee makers to cars and TVs. Of course, there’s a price to pay for such easy control and access. That price amounts to relinquishing ultimate control of and access to your home to the government and its corporate partners. For example, while Samsung’s Smart TVs are capable of “listening” to what you say, thereby allow users to control the TV using voice commands, it also records everything you say and relays it to a third party.

Then again, the government doesn’t really need to spy on you using your smart TV when the FBI can remotely activate the microphone on your cellphone and record your conversations. The FBI can also do the same thing to laptop computers without the owner knowing any better.

Government surveillance of social media such as Twitter and Facebook is on the rise. Americans have become so accustomed to the government overstepping its limits that most don’t even seem all that bothered anymore about the fact that the government is spying on our emails and listening in on our phone calls.

Drones, which will begin to take to the skies en masse this year, will be the converging point for all of the weapons and technology already available to law enforcement agencies. This means drones that can listen in on your phone calls, see through the walls of your home, scan your biometrics, photograph you and track your movements, and even corral you with sophisticated weaponry.

And then there’s the Internet and cell phone kill switch, which enables the government to shut down Internet and cell phone communications without Americans being given any warning. It’s a practice that has been used before in the U.S., albeit in a limited fashion. In 2005, cell service was disabled in four major New York tunnels (reportedly to avert potential bomb detonations via cell phone). In 2009, those attending President Obama’s inauguration had their cell signals blocked (again, same rationale). And in 2011, San Francisco commuters had their cell phone signals shut down (this time, to thwart any possible protests over a police shooting of a homeless man).

It’s a given that the government’s tactics are always more advanced than we know, so there’s no knowing what new technologies are already being deployed against without our knowledge. Certainly, by the time we learn about a particular method of surveillance or new technological gadget, it’s a sure bet that the government has been using it covertly for years already. And if other governments are using a particular technology, you can bet that our government used it first. For instance, back in 2011, it was reported that the government of Tunisia was not only monitoring the emails of its citizens but was actually altering the contents of those emails in order to thwart dissidents. How much do you want to bet that government agents have already employed such tactics in the U.S.?

Apart from the obvious dangers posed by a government that feels justified and empowered to spy on its people and use its ever-expanding arsenal of weapons and technology to monitor and control them, we’re approaching a time in which we will be forced to choose between obeying the dictates of the government—i.e., the law, or whatever a government officials deems the law to be—and maintaining our individuality, integrity and independence.

When people talk about privacy, they mistakenly assume it protects only that which is hidden behind a wall or under one’s clothing. The courts have fostered this misunderstanding with their constantly shifting delineation of what constitutes an “expectation of privacy.” And technology has furthered muddied the waters.

However, privacy is so much more than what you do or say behind locked doors. It is a way of living one’s life firm in the belief that you are the master of your life, and barring any immediate danger to another person (which is far different from the carefully crafted threats to national security the government uses to justify its actions), it’s no one’s business what you read, what you say, where you go, whom you spend your time with, and how you spend your money.

Unfortunately, privacy as we once knew it is dead.

We now find ourselves in the unenviable position of being monitored, managed and controlled by our technology, which answers not to us but to our government and corporate rulers. This is the fact-is-stranger-than-fiction lesson that is being pounded into us on a daily basis.

Thus, to be an individual today, to not conform, to have even a shred of privacy, and to live beyond the reach of the government’s roaming eyes and technological spies, one must not only be a rebel but rebel.

Even when you rebel and take your stand, there is rarely a happy ending awaiting you. You are rendered an outlaw. This is the message in almost every dystopian work of fiction, from classic writers such as George Orwell, Aldous Huxley, Philip K. Dick and Ray Bradbury to more contemporary voices such as Margaret Atwood, Lois Lowry and Suzanne Collins.

How do you survive in the American police state?

We’re running out of options. As Philip K. Dick, the visionary who gave us Minority Report and Blade Runner, advised:

“If, as it seems, we are in the process of becoming a totalitarian society in which the state apparatus is all-powerful, the ethics most important for the survival of the true, free, human individual would be: cheat, lie, evade, fake it, be elsewhere, forge documents, build improved electronic gadgets in your garage that’ll outwit the gadgets used by the authorities.”

Why I’m Not Breaking Up with America This Valentine’s Day

Posted: February 9, 2015 in Uncategorized
Tags: 1033 program, Bono, expatriate, foreign wars, ISIS, King George III, militarized police, nsa, Patrick Henry, Patriot Act, police state, Rosa Parks, surveillance, Valentine's Day, whole body scanners

“I love America and I hate it. I’m torn between the two. I have two conflicting visions of America. One is a kind of dream landscape and the other is a kind of black comedy.”― Bono

Almost every week I get an email from an American expatriate living outside the country who commiserates about the deplorable state of our freedoms in the United States, expounds on his great fortune in living outside the continental U.S., and urges me to leave the country before all hell breaks loose and my wife and children are tortured, raped, brutalized and killed.

Without fail, this gentleman concludes every piece of correspondence by questioning my sanity in not shipping my grandchildren off to some far-flung locale to live their lives free of fear, police brutality, and surveillance.

I must confess that when faced with unmistakable warning signs that the country I grew up in is no more, I have my own moments of doubt.

After all, why would anyone put up with a government that brazenly steals, cheats, sneaks, spies and lies, not to mention alienates, antagonizes, criminalizes and terrorizes its own citizens and then justifies it in the name of safety, security and the greater good?

Why would anyone put up with militarized police officers who shoot first and ask questions later, act as if their word is law, and operate as if they are above the law?

Why would anyone put up with government officials, it doesn’t matter whether they’re elected or appointed, who live an elitist lifestyle while setting themselves apart from the populace, operate outside the rule of law, and act as if they’re beyond reproach and immune from being held accountable?

Unfortunately, not only do we put up with a laundry list of tyrannies that make King George III’s catalogue of abuses look like child’s play, but most actually persist in turning a blind eye to them, acting as if what they don’t see or acknowledge can’t hurt them.

The sad reality, as I make clear in my book A Government of Wolves: The Emerging American Police State, is that life in America is no bed of roses. Nor are there any signs that things will get better anytime soon, at least not for “we the people,” those of us who belong to the so-called “unwashed masses”—the working class stiffs, the hoi polloi, the plebeians, the rabble, the riffraff, the herd, the peons and the proletariats.

For instance, we’re still being spied on by our own government. Incredibly, while the British courts recognize that mass government surveillance of cellphone and online communications is not only illegal but violates human rights, the U.S. courts and politicians continue to pander to the government’s whims, whether or not they run afoul of the rule of law. Sen. Marco Rubio (R-Fla.) actually wants to make the NSA’s mass surveillance a permanent practice.

Not only is the government unapologetic about spying on its citizens, but government agencies are using their collective surveillance data to carry out Orwellian pre-crime programs that attempt to nab “criminals” before they ever commit a crime. To do so, they have to study our social media posts, our buying habits, and where we travel to and from, and on and on.

We’re still being treated like serfs working for an overlord, with little actual rights when it comes to our property, our bodies, our children or our welfare. It doesn’t really matter what the justifications are for such taxes, regulations, prohibitions and fines if they result in us having little-to-no control over how we live our lives. In Seattle, for example, even one’s trash is subject to government regulation. Residents who fail to separate out their food waste for composting are fined for each violation.

We’re still bartering our freedoms away for the phantom promise of security, and we’re no safer and much less freer than we were two decades ago. First, it was the Patriot Act, which continues to sanction all manner of government intrusions into our lives, from the government tracking what cold medicine we use and how we spend our money to what we read and with whom we communicate. Then it was whole-body scanners in the airports, which were expensive, invasive and ineffective. Most recently, we’ve been subjected to a song-and-dance number about the need for body cameras on police officers to rein in abusive cops, with little said about how these surveillance cameras will be used to identify and track those in their range, or how difficult the footage will be to acquire if needed for our own defense.

We’re still being fooled into thinking that politics matter and that there’s a difference between the Republicans and Democrats, when in fact, the two parties are exactly the same. As one commentator noted, both parties support endless war, engage in out-of-control spending, ignore the citizenry’s basic rights, have no respect for the rule of law, are bought and paid for by Big Business, care most about their own power, and have a long record of expanding government and shrinking liberty.

Our communities are still being held hostage by militarized police. Despite the fleeting attention paid to the transformation of community police into extensions of the military, the transfer of military equipment from the federal government to localities continues unabated, with more than $28 million worth of tactical equipment distributed in the last quarter of 2014. The federal government, in conjunction with local police, has created a standing army on American soil—something those who drafted our Constitution believed would devastate our freedoms.

We’re still exchanging one set of wars for another, to the delight and profit of the military industrial complex. We’ve gone from waging war against Iraq and Iran to sounding the war drums against North Korea, Syria and ISIS wherever it happens to rear its head.

Every once in a while, we get tossed a bone to satisfy that gnawing, nagging hunger for something that looks and tastes like freedom, democracy and free enterprise. Political elections, town-hall meetings, awards ceremonies, sports spectacles, high-dollar lotteries, reality TV shows, morning news programs and patriotic-themed blockbuster movies: these are all the trappings of a so-called free nation without the substance (what Shakespeare referred to as a “tale told by an idiot, full of sound and fury, signifying nothing”). Indeed, Big Business, in conjunction with Big Government, have become very adept at distracting the citizenry so that “we the people” often have no clue as to the real nature of the political game being played.

Temporarily assuaged, easily distracted and suffering from an appalling case of public amnesia, we fall right back into our complacency and compliance, content to turn a blind eye to blatant abuses, forgive past transgressions, and forget all of the reasons why we should be mad as hell about the state of our nation.

So why do I stay? Why do any of us continue to put up with the gut-wrenching, soul-sucking, misery-drenched, demoralizing existence that is America today?

Perhaps I stay because I was raised to believe that anything worth having is worth fighting for, and I believe with every fiber of my being that freedom matters. In fact, I come from a long line of Americans who understood that there is a price to be paid for freedom, whether that means standing up to the British military, sitting down in a bus seat reserved for “whites only,” or pushing back against corporations who pollute our waters and pillage our lands for profit.

Perhaps I soldier on because I remember what it was like to grow up at a time when the only surveillance I had to worry about were the neighbors who reported back to my mother whenever I did something wrong, and I desperately want my grandchildren to experience that kind of carefree existence. I want them to know that there’s more to life than metal detectors, lockdowns, random searches and pre-crime units trying to nab them for a crime if they dare step out of line.

Perhaps I persevere because I know that there are genuinely concerned Americans out there, including some good cops, honest politicians and pragmatic idealists, who want to pitch in and turn things around for the better. As long as there is this small but vocal minority who cares enough to stand up and speak out, then all is not completely lost.

Perhaps I stick it out because I know that surveillance, overcriminalization, militarized police, power-hungry politicians and greedy corporations are not exclusive to America, and there’s nowhere you can escape to where tyranny cannot follow. No matter what you think of Ronald Reagan and his politics, he was right when he warned that, “If we lose freedom here, there is no place to escape to. This is the last stand on earth.”

Most of all, perhaps I keep fighting on because I’m just not ready to give up on America. At least, not yet.

In the words of that revolutionary firebrand Patrick Henry:

Gentlemen may cry, peace, peace — but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! — I know not what course others may take; but as for me, give me liberty or give me death!

Welcome to the Matrix: Enslaved by Technology and the Internet of Things

Posted: January 7, 2015 in Uncategorized
Tags: cell phones, civil liberties, connected, Consumer Electronics Show, drones, George Orwell, Google, internet of things, Isaac Asimov, machine to machine, matrix, Nicholas Carr, nsa, Philip K. Dick, robots, smart homes, smart pills, surveillance, technology, wearable devices

“There will come a time when it isn’t ‘They’re spying on me through my phone’ anymore. Eventually, it will be ‘My phone is spying on me.’” ― Philip K. Dick

If ever Americans sell their birthright, it will be for the promise of expediency and comfort delivered by way of blazingly fast Internet, cell phone signals that never drop a call, thermostats that keep us at the perfect temperature without our having to raise a finger, and entertainment that can be simultaneously streamed to our TVs, tablets and cell phones.

Likewise, if ever we find ourselves in bondage, we will have only ourselves to blame for having forged the chains through our own lassitude, laziness and abject reliance on internet-connected gadgets and gizmos that render us wholly irrelevant.

Indeed, while most of us are consumed with our selfies and trying to keep up with what our so-called friends are posting on Facebook, the megacorporation Google has been busily partnering with the National Security Agency (NSA), the Pentagon, and other governmental agencies to develop a new “human” species, so to speak.

In other words, Google—a neural network that approximates a global brain—is fusing with the human mind in a phenomenon that is called “singularity,” and they’ve hired transhumanist scientist Ray Kurzweil to do just that. Google will know the answer to your question before you have asked it, Kurzweil said. “It will have read every email you will ever have written, every document, every idle thought you’ve ever tapped into a search-engine box. It will know you better than your intimate partner does. Better, perhaps, than even yourself.”

But here’s the catch: the NSA and all other government agencies will also know you better than yourself. As William Binney, one of the highest-level whistleblowers to ever emerge from the NSA said, “The ultimate goal of the NSA is total population control.”

Science fiction, thus, has become fact.

We’re fast approaching Philip K. Dick’s vision of the future as depicted in the film Minority Report. There, police agencies apprehend criminals before they can commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

Cue the dawning of the Age of the Internet of Things, in which internet-connected “things” will monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free.

The key word here, however, is control.

In the not-too-distant future, “just about every device you have — and even products like chairs, that you don’t normally expect to see technology in — will be connected and talking to each other.”

By 2018, it is estimated there will be 112 million wearable devices such as smartwatches, keeping users connected it real time to their phones, emails, text messages and the Internet. By 2020, there will be 152 million cars connected to the Internet and 100 million Internet-connected bulbs and lamps. By 2022, there will be 1.1 billion smart meters installed in homes, reporting real-time usage to utility companies and other interested parties.

This “connected” industry—estimated to add more than $14 trillion to the economy by 2020—is about to be the next big thing in terms of societal transformations, right up there with the Industrial Revolution, a watershed moment in technology and culture.

Between driverless cars that completely lacking a steering wheel, accelerator, or brake pedal, and smart pills embedded with computer chips, sensors, cameras and robots, we are poised to outpace the imaginations of science fiction writers such as Philip K. Dick and Isaac Asimov. By the way, there is no such thing as a driverless car. Someone or something will be driving, but it won’t be you.

The 2015 Consumer Electronics Show in Las Vegas is a glittering showcase for such Internet-connected techno gadgets as smart light bulbs that discourage burglars by making your house look occupied, smart thermostats that regulate the temperature of your home based on your activities, and smart doorbells that let you see who is at your front door without leaving the comfort of your couch.

Nest, Google’s $3 billion acquisition, has been at the forefront of the “connected” industry, with such technologically savvy conveniences as a smart lock that tells your thermostat who is home, what temperatures they like, and when your home is unoccupied; a home phone service system that interacts with your connected devices to “learn when you come and go” and alert you if your kids don’t come home; and a sleep system that will monitor when you fall asleep, when you wake up, and keep the house noises and temperature in a sleep-conducive state.

The aim of these internet-connected devices, as Nest proclaims, is to make “your house a more thoughtful and conscious home.” For example, your car can signal ahead that you’re on your way home, while Hue lights can flash on and off to get your attention if Nest Protect senses something’s wrong. Your coffeemaker, relying on data from fitness and sleep sensors, will brew a stronger pot of coffee for you if you’ve had a restless night.

It’s not just our homes that are being reordered and reimagined in this connected age: it’s our workplaces, our health systems, our government and our very bodies that are being plugged into a matrix over which we have no real control.

Moreover, given the speed and trajectory at which these technologies are developing, it won’t be long before these devices are operating entirely independent of their human creators, which poses a whole new set of worries. As technology expert Nicholas Carr notes, “As soon as you allow robots, or software programs, to act freely in the world, they’re going to run up against ethically fraught situations and face hard choices that can’t be resolved through statistical models. That will be true of self-driving cars, self-flying drones, and battlefield robots, just as it’s already true, on a lesser scale, with automated vacuum cleaners and lawnmowers.”

For instance, just as the robotic vacuum, Roomba, “makes no distinction between a dust bunny and an insect,” weaponized drones—poised to take to the skies en masse this year—will be incapable of distinguishing between a fleeing criminal and someone merely jogging down a street. For that matter, how do you defend yourself against a robotic cop—such as the Atlas android being developed by the Pentagon—that has been programmed to respond to any perceived threat with violence?

Unfortunately, in our race to the future, we have failed to consider what such dependence on technology might mean for our humanity, not to mention our freedoms.

Ingestible or implantable chips are a good example of how unprepared we are, morally and otherwise, to navigate this uncharted terrain. Hailed as revolutionary for their ability to access, analyze and manipulate your body from the inside, these smart pills can remind you to take your medication, search for cancer, and even send an alert to your doctor warning of an impending heart attack.

Sure, the technology could save lives, but is that all we need to know? Have we done our due diligence in asking all the questions that need to be asked before unleashing such awesome technology on an unsuspecting populace?

For example, asks Washington Post reporter Ariana Eunjung Cha:

What kind of warnings should users receive about the risks of implanting chip technology inside a body, for instance? How will patients be assured that the technology won’t be used to compel them to take medications they don’t really want to take? Could law enforcement obtain data that would reveal which individuals abuse drugs or sell them on the black market? Could what started as a voluntary experiment be turned into a compulsory government identification program that could erode civil liberties?

Let me put it another way. If you were shocked by Edward Snowden’s revelations about how NSA agents have used surveillance to spy on Americans’ phone calls, emails and text messages, can you imagine what unscrupulous government agents could do with access to your internet-connected car, home and medications? Imagine what a SWAT team could do with the ability to access, monitor and control your internet-connected home—locking you in, turning off the lights, activating alarms, etc.

Thus far, the public response to concerns about government surveillance has amounted to a collective shrug. After all, who cares if the government can track your whereabouts on your GPS-enabled device so long as it helps you find the fastest route from Point A to Point B? Who cares if the NSA is listening in on your phone calls and downloading your emails so long as you can get your phone calls and emails on the go and get lightning fast Internet on the fly? Who cares if the government can monitor your activities in your home by tapping into your internet-connected devices—thermostat, water, lights—so long as you can control those things with the flick of a finger, whether you’re across the house or across the country?

As for those still reeling from a year of police shootings of unarmed citizens, SWAT team raids, and community uprisings, the menace of government surveillance can’t begin to compare to bullet-riddled bodies, devastated survivors and traumatized children. However, both approaches are just as lethal to our freedoms if left unchecked.

Control is the key here. As I make clear in my book A Government of Wolves: The Emerging American Police State, total control over every aspect of our lives, right down to our inner thoughts, is the objective of any totalitarian regime.

George Orwell understood this. His masterpiece, 1984, portrays a global society of total control in which people are not allowed to have thoughts that in any way disagree with the corporate state. There is no personal freedom, and advanced technology has become the driving force behind a surveillance-driven society. Snitches and cameras are everywhere. And people are subject to the Thought Police, who deal with anyone guilty of thought crimes. The government, or “Party,” is headed by Big Brother, who appears on posters everywhere with the words: “Big Brother is watching you.”

Make no mistake: the Internet of Things is just Big Brother in a more appealing disguise.

Even so, I’m not suggesting we all become Luddites. However, we need to be aware of how quickly a helpful device that makes our lives easier can become a harmful weapon that enslaves us.

This was the underlying lesson of The Matrix, the Wachowski brothers’ futuristic thriller about human beings enslaved by autonomous technological beings that call the shots. As Morpheus, one of the characters in The Matrix, explains:

The Matrix is everywhere. It is all around us. Even now, in this very room. You can see it when you look out your window or when you turn on your television. You can feel it when you go to work… when you go to church… when you pay your taxes. It is the world that has been pulled over your eyes to blind you from the truth.

“What truth?” asks Neo.

Morpheus leans in closer to Neo: “That you are a slave, Neo. Like everyone else you were born into bondage. Born into a prison that you cannot smell or taste or touch. A prison for your mind.”

Atlanta Int’l Airport Amends Its Internet Policy to Remedy Free Speech Violations Raised by The Rutherford Institute

Posted: November 18, 2014 in Uncategorized
Tags: Atlanta airport, censorship, first amendment, free speech, surveillance

ATLANTA, Ga. — Atlanta International Airport has changed its Wi-Fi policy to address violations of the U.S. Constitution’s assurances of free speech and due process which were brought to light in a letter from The Rutherford Institute to the Airport’s general manager earlier this month. Responding to the letter from Institute attorneys warning that the prior policy jeopardizes the rights of all travelers who pass through its portal and opens the Airport to legal challenges, the general manager wrote that the Wi-Fi policy has been amended to address the First Amendment problems raised in the Institute’s letter and affirmed that the Airport will not attempt to limit or monitor the expression of patrons conducted using the Airport’s Wi-Fi network. The Institute’s letter specifically pointed out that the airport’s Wi-Fi policy barring users from transmitting “hateful or racially, ethnically or otherwise objectionable” speech was so vague as to prohibit any speech that the censor—in this case, government officials—deems objectionable.

“There is perhaps no right more sacred in our Constitution than the right of individuals to speak as they believe, even though we may not always agree with what they have to say,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “While we all have an interest in discouraging behavior that demeans, harms or exposes another to abuse, we must balance that interest against the rights of society at large, remembering always that it is ‘we the people’ and not government censors who should be responsible for maintaining that vital balance between liberty and security.”

As reported by The Washington Post, the Atlanta International Airport required travelers to agree to abide by its “Wi-Fi System Acceptable Use Policy” in order to access its internet. According to the airport’s Wi-Fi policy, users may not: “Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.” The Wi-Fi policy also required users to affirm that they will not: “Transmit any material (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes’ or any other form of solicitation.” In weighing in on the issue, attorneys for The Rutherford Institute pointed out that as a government-owned and operated entity under the jurisdiction of the City of Atlanta through the Department of Aviation, the Hartsfield-Jackson Atlanta International Airport is under an obligation to comply with the protections of the First Amendment in its activities. As such, although the government is not required to provide wireless Internet access to airport patrons, once it does so, the government-provided Internet becomes a public forum which must comply with the mandates of the First Amendment and which cannot discriminate on the content of speech. Additionally, Institute attorneys noted that the ban on transmitting solicitous materials is overbroad and would result in protected speech, including political speech, being targeted alongside that of chain mailers and spammers.

CASE HISTORY

11-06-2014 • Rutherford Institute Warns Atlanta Int’l Airport That Its Internet Policy Censors Travelers’ Free Speech Rights, Runs Afoul of the First Amendment

LEGAL ACTION

Click here to read The Rutherford Institute’s letter to the Atlanta International Airport

Are ‘We the People’ Useful Idiots in the Digital Age?

Posted: November 17, 2014 in Uncategorized
Tags: A Government of Wolves, civil liberties, Congress, Constitution, criminal behavior, criminalization, Elonis, free speech, Orwell, overcriminalization, police, police state, private prisons, rap music, surveillance, US Supreme Court

Back in the heyday of the old Soviet Union, a phrase evolved to describe gullible western intellectuals who came to visit Russia and failed to notice the human and other costs of building a communist utopia. The phrase was “useful idiots” and it applied to a good many people who should have known better. I now propose a new, analogous term more appropriate for the age in which we live: useful hypocrites. That’s you and me, folks, and it’s how the masters of the digital universe see us. And they have pretty good reasons for seeing us that way. They hear us whingeing about privacy, security, surveillance, etc., but notice that despite our complaints and suspicions, we appear to do nothing about it. In other words, we say one thing and do another, which is as good a working definition of hypocrisy as one could hope for.—John Naughton, The Guardian

“Who needs direct repression,” asked philosopher Slavoj Zizek, “when one can convince the chicken to walk freely into the slaughterhouse?”

In an Orwellian age where war equals peace, surveillance equals safety, and tolerance equals intolerance of uncomfortable truths and politically incorrect ideas, “we the people” have gotten very good at walking freely into the slaughterhouse, all the while convincing ourselves that the prison walls enclosing us within the American police state are there for our protection.

Call it doublespeak, call it hypocrisy, call it delusion, call it whatever you like, but the fact remains that while we claim to value freedom, privacy, individuality, equality, diversity, accountability, and government transparency, our actions and those of our government overseers contradict these much-vaunted principles at every turn.

For instance, we disdain the jaded mindset of the Washington elite, and yet we continue to re-elect politicians who lie, cheat and steal. We disapprove of the endless wars that drain our resources and spread thin our military, and yet we repeatedly buy into the idea that patriotism equals supporting the military. We chafe at taxpayer-funded pork barrel legislation for roads to nowhere, documentaries on food fights, and studies of mountain lions running on treadmills, and yet we pay our taxes meekly and without raising a fuss of any kind. We object to the militarization of our local police forces and their increasingly battlefield mindset, and yet we do little more than shrug our shoulders over SWAT team raids and police shootings of unarmed citizens.

And then there’s our love-hate affair with technology, which sees us bristling at the government’s efforts to monitor our internet activities, listen in on our phone calls, read our emails, track our every movement, and punish us for what we say on social media, and yet we keep using these very same technologies all the while doing nothing about the government’s encroachments on our rights. This contradiction is backed up by a recent Pew Research Center study, which finds that “Americans say they are deeply concerned about privacy on the web and their cellphones. They say they do not trust Internet companies or the government to protect it. Yet they keep using the services and handing over their personal information.”

Let me get this straight: the government continues to betray our trust, invade our privacy, and abuse our rights, and we keep going back for more?

Sure we do. After all, the alternative—taking a stand, raising a ruckus, demanding change, refusing to cooperate, engaging in civil disobedience—is a lot of work. What we fail to realize, however, is that by tacitly allowing these violations to continue, we not only empower the tyrant but we feed the monster. In this way, as I point out in my book A Government of Wolves: The Emerging American Police State, what starts off as small, occasional encroachments on our rights, justified in the name of greater safety, becomes routine, wide-ranging abuses so entrenched as to make reform all but impossible.

We saw this happen with the police and their build-up of military arsenal, ostensibly to fight the war on drugs. The result: a transformation of America’s law enforcement agencies into extensions of the military, populated with battle-hardened soldiers who view “we the people” as enemy combatants.

The same thing happened with the government’s so-called efforts to get tough on crime by passing endless laws outlawing all manner of activities. The result: an explosion of laws criminalizing everything from parenting decisions and fishing to gardening and living off the grid.

And then there were the private prisons, marketed as a way to lower the government’s cost of locking up criminals. Only it turns out that private prisons actually cost the taxpayer more money and place profit incentives on jailing more Americans.

Are you starting to notice a pattern yet? The government lures us in with a scheme to make our lives better, our families safer, and our communities more secure, and then once we buy into it, they slam the trap closed. Doesn’t matter whether you’re talking about red light cameras, DNA databases, surveillance cameras, or zero tolerance policies—they all result in “we the people” being turned into enemy #1.

In this way, the government campaign to spy on our phone calls, letters and emails was sold to the American people as a necessary tool in the war on terror. Instead of targeting terrorists, however, the government has turned us into potential terrorists, so that if we dare say the wrong thing in a phone call, letter, email or on the internet, especially social media, we end up investigated, charged and possibly jailed.

This criminalization of free speech, which is exactly what the government’s prosecution of those who say the “wrong” thing using an electronic medium amounts to, is at the heart of Elonis v. The United States, a case before the U.S. Supreme Court this term.

If you happen to be one of the 1.31 billion individuals who use Facebook or one of the 255 million who tweet their personal and political views on Twitter, you might want to pay close attention, because the case has broad First Amendment implications for where the government can draw the line when it comes to expressive speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.

The case arose after Anthony Elonis, an aspiring rap artist, used personal material from his life as source material and inspiration for rap lyrics which he then shared on Facebook. For instance, shortly after Elonis’ wife left him and he was fired from his job, his lyrics included references to killing his ex-wife, shooting a classroom of kindergarten children, and blowing up an FBI agent who had opened an investigation into his postings.

Despite the fact that Elonis routinely accompanied his Facebook posts with disclaimers that his lyrics were fictitious, and that he was using such writings as an outlet for his frustrations, he was charged with making unlawful threats (although it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail.

Elonis is not the only Facebook user to be targeted for the content of his posts. In a similar case making its way through the courts, Marine veteran Brandon Raub was arrested by a swarm of FBI, Secret Service agents and local police and forcibly detained in a psychiatric ward because of controversial song lyrics and political views posted on his Facebook page. He was eventually released after a circuit court judge dismissed the charges against him as unfounded.

Earlier this year, rapper Jamal Knox and Rashee Beasley were sentenced to jail terms of up to six years for a YouTube video calling on listeners to “kill these cops ‘cause they don’t do us no good.” Although the rapper contended that he had no intention of bringing harm to the police, he was convicted of making terroristic threats and intimidation of witnesses.

And then there was Franklin Delano Jeffries II, an Iraq war veteran, who, in the midst of a contentious custody battle for his daughter, shared a music video on YouTube and Facebook in which he sings about the judge in his case, “Take my child and I’ll take your life.” Despite his insistence that the lyrics were just a way for him to vent his frustrations with the legal battle, Jeffries was convicted of communicating threats and sentenced to 18 months in jail.

The common thread running through all of these cases is the use of social media to voice frustration, grievances, and anger, sometimes using language that is overtly violent. The question the U.S. Supreme Court must now decide in Elonis is whether this activity, in the absence of any overt intention of committing a crime, rises to the level of a “true threat” or whether it is, as I would contend, protected First Amendment activity. (The Supreme Court has defined a “true threat” as “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”)

The internet and social media have taken the place of the historic public square, which has slowly been crowded out by shopping malls and parking lots. As such, these cyber “public squares” may be the only forum left for citizens to freely speak their minds and exercise their First Amendment rights, especially in the wake of legislation that limits access to our elected representatives. Unfortunately, the internet has become a tool for the government to monitor, control and punish the populace for behavior and speech that may be controversial but are far from criminal.

Indeed, the government, a master in the art of violence, intrusion, surveillance and criminalizing harmless activities, has repeatedly attempted to clamp down on First Amendment activity on the web and in social media under the various guises of fighting terrorism, discouraging cyberbullying, and combatting violence. Police and prosecutors have also targeted “anonymous” postings and messages on forums and websites, arguing that such anonymity encourages everything from cyber-bullying to terrorism, and have attempted to prosecute those who use anonymity for commercial or personal purposes.

We would do well to tread cautiously in how much authority we give the government to criminalize free speech activities and chill what has become a vital free speech forum. Not only are social media and the Internet critical forums for individuals to freely share information and express their ideas, but they also serve as release valves to those who may be angry, seething, alienated or otherwise discontented. Without an outlet for their pent-up anger and frustration, these thoughts and emotions fester in secret, which is where most violent acts are born.

In the same way, free speech in the public square—whether it’s the internet, the plaza in front of the U.S. Supreme Court or a college campus—brings people together to express their grievances and challenge oppressive government regimes. Without it, democracy becomes stagnant and atrophied. Likewise, if free speech is not vigilantly protected, democracy is more likely to drift toward fear, repression, and violence. In such a scenario, we will find ourselves threatened with an even more pernicious injury than violence itself: the loss of liberty. In confronting these evils, more speech, not less, is the remedy.

The FBI: America’s Secret Police

Posted: November 4, 2014 in Uncategorized
Tags: 9/11 attacks, A Government of Wolves, Associated Press, biometrics, Constitution, DNA database, entrapment, fascism, FBI, fingerprints, Gestapo, Hitler Youth, informant, J. Edgar Hoover, Nazi Germany, police state, rule of law, Stalin, stingray, surveillance, third reich, USA Patriot Act

Fully masked and suited up in personal protective clothing and equipment, special agents on the Jacksonville FBI SWAT team pack into a deployment vehicle.

We want no Gestapo or secret police. The FBI is tending in that direction. They are dabbling in sex-life scandals and plain blackmail. J. Edgar Hoover would give his right eye to take over, and all congressmen and senators are afraid of him.[1]—President Harry S. Truman

Secret police. Secret courts. Secret government agencies. Surveillance. Intimidation tactics. Harassment. Torture. Brutality. Widespread corruption. Entrapment schemes.

These are the hallmarks of every authoritarian regime from the Roman Empire to modern-day America, yet it’s the secret police—tasked with silencing dissidents, ensuring compliance, and maintaining a climate of fear—who sound the death knell for freedom in every age.

Every regime has its own name for its secret police: Mussolini’s OVRA carried out phone surveillance on government officials.[2] Stalin’s NKVD carried out large-scale purges, terror and depopulation.[3] Hitler’s Gestapo went door to door ferreting out dissidents and other political “enemies” of the state.[4] And in the U.S., it’s the Federal Bureau of Investigation that does the dirty work of ensuring compliance, keeping tabs on potential dissidents, and punishing those who dare to challenge the status quo.

Whether the FBI is planting undercover agents in churches, synagogues and mosques; issuing fake emergency letters to gain access to Americans’ phone records; using intimidation tactics to silence Americans who are critical of the government,[5] or persuading impressionable individuals to plot acts of terror and then entrapping them,[6] the overall impression of the nation’s secret police force is that of a well-dressed thug, flexing its muscles and doing the boss’ dirty work.

Indeed, a far cry from the glamorized G-men depicted in Hollywood film noirs and spy thrillers, the government’s henchmen have become the embodiment of how power, once acquired, can be so easily corrupted and abused.

Case in point: the FBI is being sued after its agents, lacking sufficient evidence to acquire a search warrant, disabled a hotel’s internet and then impersonated Internet repair technicians in order to gain access to a hotel suite and record the activities of the room’s occupants. Justifying the warrantless search as part of a sting on internet gambling, FBI officials insisted that citizens should not expect the same right to privacy in the common room of a hotel suite as they would at home in their bedroom.[7]

Far from being tough on crime, FBI agents are also among the nation’s most notorious lawbreakers. In fact, in addition to creating certain crimes in order to then “solve” them, the FBI also gives certain informants permission to break the law, “including everything from buying and selling illegal drugs to bribing government officials and plotting robberies,” in exchange for their cooperation on other fronts.[8] USA Today estimates that agents have authorized criminals to engage in as many as 15 crimes a day.[9] Some of these informants are getting paid astronomical sums: one particularly unsavory fellow, later arrested for attempting to run over a police officer, was actually paid $85,000 for his help laying the trap for an entrapment scheme.[10]

In a stunning development reported by The Washington Post, a probe into misconduct by an FBI agent has resulted in the release of at least a dozen convicted drug dealers from prison. Several suspects awaiting trial have also been freed, and more could be released as the unnamed agent’s caseload comes under scrutiny. As the Post reports: “The scope and type of alleged misconduct by the agent have not been revealed, but defense lawyers involved in the cases described the mass freeing of felons as virtually unprecedented—and an indication that convictions could be in jeopardy. Prosecutors are periodically faced with having to drop cases over police misconduct, but it is unusual to free those who have been found guilty.”[11]

In addition to procedural misconduct, trespassing, enabling criminal activity, and damaging private property, the FBI’s laundry list of crimes against the American people includes surveillance, disinformation, blackmail, entrapment, intimidation tactics, and harassment.

For example, the Associated Press recently lodged a complaint with the Dept. of Justice after learning that FBI agents created a fake AP news story and emailed it, along with a clickable link, to a bomb threat suspect in order to implant tracking technology onto his computer and identify his location.[12] Lambasting the agency, AP attorney Karen Kaiser railed, “The FBI may have intended this false story as a trap for only one person. However, the individual could easily have reposted this story to social networks, distributing to thousands of people, under our name, what was essentially a piece of government disinformation.”[13]

Then again, to those familiar with COINTELPRO, an FBI program created to “disrupt, misdirect, discredit, and neutralize” groups and individuals the government considers politically objectionable,[14] it should come as no surprise that the agency has mastered the art of government disinformation.

The FBI has been particularly criticized in the wake of the 9/11 terrorist attacks for targeting vulnerable individuals and not only luring them into fake terror plots but actually equipping them with the organization, money, weapons and motivation to carry out the plots—entrapment—and then jailing them for their so-called terrorist plotting. This is what the FBI characterizes as “forward leaning—preventative—prosecutions.”[15]

Another fallout from 9/11, National Security Letters, one of the many illicit powers authorized by the USA Patriot Act, allows the FBI to secretly demand that banks, phone companies, and other businesses provide them with customer information and not disclose the demands.[16] An internal audit of the agency found that the FBI practice of issuing tens of thousands of NSLs every year for sensitive information such as phone and financial records, often in non-emergency cases, is riddled with widespread violations.[17]

The FBI’s surveillance capabilities, on a par with the National Security Agency, boast a nasty collection of spy tools ranging from Stingray devices that can track the location of cell phones to Triggerfish devices which allow agents to eavesdrop on phone calls.[18] In one case, the FBI actually managed to remotely reprogram a “suspect’s” wireless internet card so that it would send “real-time cell-site location data to Verizon, which forwarded the data to the FBI.”[19]

Now the FBI is seeking to expand its already invasive hacking powers to allow agents to hack into any computer, anywhere in the world.[20] As journalist Brett Wilkins warns:

If the proposed rule change is approved, the FBI would have the power to unleash “network investigative techniques” against computers anywhere in the world, allowing the agency to secretly install malware and spyware on any computer, effectively allowing it to control that computer and all its stored information. The FBI could download all the computer’s digital contents, switch its camera or microphone on or off and even control other computers in its network.[21]

And then there’s James Comey, current director of the FBI, who knows enough to say all the right things about the need to abide by the Constitution, all the while his agency routinely discards it. Comey has this idea that the government’s powers shouldn’t be limited, especially when it comes to carrying out surveillance on American citizens.[22] Responding to reports that Apple and Google are creating smart phones that will be more difficult to hack into, Comey has been lobbying Congress and the White House to force technology companies to keep providing the government with backdoor access to Americans’ cell phones.[23]

It’s not all Comey’s fault, though. This transformation of the FBI into a secret police force can be traced back to the days of J. Edgar Hoover. As author Anthony S. Summers points out, it was Hoover who “built the first federal fingerprint bank, and his Identification Division would eventually offer instant access to the prints of 159 million people. His Crime Laboratory became the most advanced in the world.”[24]

Eighty years after Hoover instituted the FBI’s first fingerprint “database”—catalogued on index cards, no less—the agency’s biometric database has grown to massive proportions, the largest in the world, encompassing everything from fingerprints, palm, face and iris scans[25] to DNA,[26] and is being increasingly shared between federal, state and local law enforcement agencies in an effort to target potential criminals long before they ever commit a crime. This is what’s known as pre-crime.

If it were just about fighting the “bad guys,” that would be one thing. But as countless documents make clear, the FBI has a long track record of abusing its extensive powers in order to blackmail politicians, spy on celebrities[27] and high-ranking government officials,[28] and intimidate dissidents of all stripes.[29] It’s an old tactic, used effectively by former authoritarian regimes.

In fact, as historian Robert Gellately documents, the Nazi police state was repeatedly touted as a model for other nations to follow, so much so that Hoover actually sent one of his right-hand men, Edmund Patrick Coffey, to Berlin in January 1938 at the invitation of Germany’s secret police. As Gellately noted, “[A]fter five years of Hitler’s dictatorship, the Nazi police had won the FBI’s seal of approval.”[30]

Indeed, so impressed was the FBI with the Nazi order that, as the New York Times recently revealed, in the decades after World War II, the FBI, along with other government agencies, aggressively recruited at least a thousand Nazis, including some of Hitler’s highest henchmen, brought them to America, hired them on as spies and informants, and then carried out a massive cover-up campaign to ensure that their true identities and ties to Hitler’s holocaust machine would remain unknown. Moreover, anyone who dared to blow the whistle on the FBI’s illicit Nazi ties found himself spied upon, intimidated, harassed and labeled a threat to national security.[31]

So not only have American taxpayers have been paying to keep ex-Nazis on the government payroll for decades but we’ve been subjected to the very same tactics used by the Third Reich: surveillance, militarized police, overcriminalization, and a government mindset that views itself as operating outside the bounds of the law.

Yet as I point out in my book A Government of Wolves: The Emerging American Police State,[32] it’s no coincidence that the similarities between the American police state and past totalitarian regimes such as Nazi Germany grow more pronounced with each passing day. This is how freedom falls, and tyrants come to power.

Suffice it to say that when and if a true history of the FBI is ever written, it will not only track the rise of the American police state but it will also chart the decline of freedom in America: how a nation that once abided by the rule of law and held the government accountable for its actions has steadily devolved into a police state where justice is one-sided, a corporate elite runs the show, representative government is a mockery, police are extensions of the military, surveillance is rampant, privacy is extinct, and the law is little more than a tool for the government to browbeat the people into compliance.

[1] Anthony S. Summers, “The secret life of J Edgar Hoover,” The Guardian (Dec. 31, 2011), http://www.theguardian.com/film/2012/jan/01/j-edgar-hoover-secret-fbi.

[2] Peter Neville, Mussolini (Routledge, 2014), http://books.google.com/books?id=GCyDBAAAQBAJ&pg=PT90&lpg=PT90&dq=mussolini+ovra&source=bl&ots=VevTl8pne8&sig=UZFsLzO2zGc4a-QQdvg_YQ71fFA&hl=en&sa=X&ei=sL5YVNmPLYfasASStYDACw&ved=0CFAQ6AEwCDgK#v=onepage&q=mussolini%20ovra&f=false.

[3] “Revelations from the Russian Archives: Secret Police,” Library of Congress, http://www.loc.gov/exhibits/archives/secr.html.

[4] “SS Police,” U.S. Holocaust Memorial Museum, http://www.ushmm.org/outreach/en/article.php?ModuleId=10007675.

[5] Earl Ofari Hutchinson, “The FBI Walks a Perilous Line Between Surveillance and Outright Spying,” The Huffington Post (Aug. 18, 2013), http://www.huffingtonpost.com/earl-ofari-hutchinson/the-fbi-walks-a-perilous-_b_3447225.html.

[6] William Norman Grigg, “The FBI: An American Cheka,” Lew Rockwell (June 4, 2013), http://www.lewrockwell.com/2013/06/william-norman-grigg/the-american-secret-police/.

[7] Dugald McConnell and Brian Todd, “Undercover sting: FBI agents posed as Internet repairmen,” CNN (Oct. 30, 2014), http://www.cnn.com/2014/10/30/us/fbi-sting-internet/.

[8] Brad Heath, “Exclusive: FBI allowed informants to commit 5,600 crimes,” USA Today (Aug. 4, 2013), http://www.usatoday.com/story/news/nation/2013/08/04/fbi-informant-crimes-report/2613305/.

[9] Brad Heath, “Exclusive: FBI allowed informants to commit 5,600 crimes,” USA Today (Aug. 4, 2013), http://www.usatoday.com/story/news/nation/2013/08/04/fbi-informant-crimes-report/2613305/.

[10] Paul Harris, “Fake terror plots, paid informants: the tactics of FBI ‘entrapment’ questioned,” The Guardian (Nov. 16, 2011), http://www.theguardian.com/world/2011/nov/16/fbi-entrapment-fake-terror-plots.

[11] Peter Hermann, “Probe of FBI agent leads to release of convicted drug dealers from prison,” The Washington Post (Oct. 31, 2014), http://www.washingtonpost.com/local/crime/probe-of-fbi-agent-leads-to-convicted-drug-dealers-released-from-prison/2014/10/31/48e7b1e6-6064-11e4-9f3a-7e28799e0549_story.html.

[12] Karen Kaiser, “Letter to Attorney General Eric Holder,” Associated Press (Oct. 30, 2014), https://corpcommap.files.wordpress.com/2014/10/letter_103014.pdf.

[13] Karen Kaiser, “Letter to Attorney General Eric Holder,” Associated Press (Oct. 30, 2014), https://corpcommap.files.wordpress.com/2014/10/letter_103014.pdf.

[14] Earl Ofari Hutchinson, “The FBI Walks a Perilous Line Between Surveillance and Outright Spying,” The Huffington Post (Aug. 18, 2013), http://www.huffingtonpost.com/earl-ofari-hutchinson/the-fbi-walks-a-perilous-_b_3447225.html.

[15] Paul Harris, “Fake terror plots, paid informants: the tactics of FBI ‘entrapment’ questioned,” The Guardian (Nov. 16, 2011), http://www.theguardian.com/world/2011/nov/16/fbi-entrapment-fake-terror-plots.

[16] “FBI ‘secretly spying’ on Google users, company reveals,” FOX News (March 6, 2013), http://www.foxnews.com/tech/2013/03/06/fbi-ecretly-spying-on-google-users-company-reveals/.

[17] “Judge rules secret FBI national security letters unconstitutional,” FOX News (March 16, 2013), http://www.foxnews.com/politics/2013/03/16/judge-rules-secret-fbi-letters-unconstitutional/.

[18] Ryan Gallagher, “FBI Files Reveal New Info on Clandestine Phone Surveillance Unit,” Slate (Oct. 8, 2013), http://www.slate.com/blogs/future_tense/2013/10/08/fbi_wireless_intercept_and_tracking_team_files_reveal_new_information_on.html.

[19] Kim Zetter, “Secrets of FBI Smartphone Surveillance Tool Revealed in Court Fight,” Wired (April 9, 2013), http://www.wired.com/2013/04/verizon-rigmaiden-aircard/all/.

[20] Brett Wilkins, “FBI Seeking New Invasive Global Hacking Powers,” Ethics in Tech (Nov. 1, 2014), https://www.ethicsintech.com/fbi-seeking-invasive-global-hacking-powers/.

[21] Brett Wilkins, “FBI Seeking New Invasive Global Hacking Powers,” Ethics in Tech (Nov. 1, 2014), https://www.ethicsintech.com/fbi-seeking-invasive-global-hacking-powers/.

[22] Ravi Mandalia, “FBI chief lashes out at Apple, Google over default cell-phone encryption,” TechieNews (Sept. 28, 2014), http://www.techienews.co.uk/9718566/fbi-chief-lashes-apple-google-default-cell-phone-encryption/.

[23] Ravi Mandalia, “FBI chief lashes out at Apple, Google over default cell-phone encryption,” TechieNews (Sept. 28, 2014), http://www.techienews.co.uk/9718566/fbi-chief-lashes-apple-google-default-cell-phone-encryption/.

[24] Anthony S. Summers, “The secret life of J Edgar Hoover,” The Guardian (Dec. 31, 2011), http://www.theguardian.com/film/2012/jan/01/j-edgar-hoover-secret-fbi.

[25] Robert L. Mitchell, “Gotcha! FBI launches new biometric systems to nail criminals,” Computerworld (Dec. 19, 2013), http://www.computerworld.com/article/2486963/security0/gotcha-fbi-launches-new-biometric-systems-to-nail-criminals.html.

[26] Paul Rincon, “FBI’s DNA database upgrade plans come under fire,” BBC News (Oct. 17, 2011), http://www.bbc.co.uk/news/science-environment-15311718.

[27] Amanda Carey, “FBI opens ‘The Vault,’ UFOs, Jimi Hendrix and Malcolm X fly out,” Daily Caller (April 8, 2011), http://dailycaller.com/2011/04/08/fbi-opens-the-vault-ufos-jimi-hendrix-and-malcolm-x-fly-out/.

[28] Anthony S. Summers, “The secret life of J Edgar Hoover,” The Guardian (Dec. 31, 2011), http://www.theguardian.com/film/2012/jan/01/j-edgar-hoover-secret-fbi.

[29] Adam Cohen, “While Nixon Campaigned, the F.B.I. Watched John Lennon,” New York Times (Sept. 21, 2006), http://www.nytimes.com/2006/09/21/opinion/21thu4.html?_r=0.

[30] Robert Gellately, Backing Hitler: Consent and Coercion in Nazi Germany (Oxford University Press, 2001), http://books.google.com/books?id=jCiGWtxyQv0C&pg=PT95&lpg=PT95&dq=gellately+edmund+coffey&source=bl&ots=G4JHwvD5AU&sig=WkXKIkL5Ip-oJ05H_15XA3CIWww&hl=en&sa=X&ei=NOlYVJT-H8GRsQSjk4HYDQ&ved=0CCYQ6AEwAQ#v=onepage&q=gellately%20edmund%20coffey&f=false.

[31] Eric Lichtblau, “In Cold War, U.S. Spy Agencies Used 1,000 Nazis,” New York Times (Oct. 26, 2014), http://www.nytimes.com/2014/10/27/us/in-cold-war-us-spy-agencies-used-1000-nazis.html.

[32] John W. Whitehead, A Government of Wolves: The Emerging American Police State (SelectBooks, 2013), http://www.amazon.com/Government-Wolves-Emerging-American-Police/dp/1590799755/ref=cm_cr_pr_product_top.

Zombies Are Us: The Walking Dead in the American Police State

Posted: October 28, 2014 in Uncategorized
Tags: A Government of Wolves, Center for Disease Control, Depart of Defense, extremists, Leftwing, martial law, military training drills, paranoia, Rightwing, surveillance, The Walking Dead, zombies

Fear is a primitive impulse, brainless as hunger, and because the aim of horror fiction is the production of the deepest kinds of fears, the genre tends to reinforce some remarkably uncivilized ideas about self-protection. In the current crop of zombie stories, the prevailing value for the beleaguered survivors is a sort of siege mentality, a vigilance so constant and unremitting that it’s indistinguishable from the purest paranoia.— Terrence Rafferty, New York Times

Fear and paranoia have become hallmarks of the modern American experience, impacting how we as a nation view the world around us, how we as citizens view each other, and most of all how our government views us.

Nowhere is this epidemic of fear and paranoia more aptly mirrored than in the culture’s fascination with zombies, exacerbated by the hit television series The Walking Dead, in which a small group of Americans attempt to survive in a zombie-ridden, post-apocalyptic world where they’re not only fighting off flesh-eating ghouls but cannibalistic humans.

Zombies have experienced such a surge in popularity in recent years that you don’t have to look very far anymore to find them lurking around every corner: wreaking havoc in movie blockbusters such as World War Z, running for their lives in 5K charity races, battling corsets in Pride and Prejudice and Zombies, and even putting government agents through their paces in mock military drills arranged by the Dept. of Defense (DOD) and the Center for Disease Control (CDC).

We’ve been so hounded in recent years with dire warnings about terrorist attacks, Ebola pandemics, economic collapse, environmental disasters, and militarized police, it’s no wonder millions of Americans have turned to zombie fiction as a means of escapism and a way to “envision how we and our own would thrive if everything went to hell and we lost all our societal supports.” As Time magazine reporter James Poniewozik phrases it, the “apocalyptic drama lets us face the end of the world once a week and live.”

Writing for the New York Times, Terrence Rafferty notes:

In the case of zombie fiction, you have to wonder whether our 21st-century fascination with these hungry hordes has something to do with a general anxiety, particularly in the West, about the planet’s dwindling resources: a sense that there are too many people out there, with too many urgent needs, and that eventually these encroaching masses, dimly understood but somehow ominous in their collective appetites, will simply consume us. At this awful, pinched moment of history we look into the future and see a tsunami of want bearing down on us, darkening the sky. The zombie is clearly the right monster for this glum mood, but it’s a little disturbing to think that these nonhuman creatures, with their slack, gaping maws, might be serving as metaphors for actual people—undocumented immigrants, say, or the entire populations of developing nations—whose only offense, in most cases, is that their mouths and bellies demand to be filled.

Here’s the curious thing: while zombies may be the personification of our darkest fears, they embody the government’s paranoia about the citizenry as potential threats that need to be monitored, tracked, surveilled, sequestered, deterred, vanquished and rendered impotent. Why else would the government feel the need to monitor our communications, track our movements, criminalize our every action, treat us like suspects, and strip us of any means of defense while equipping its own personnel with an amazing arsenal of weapons?

For years now, the government has been carrying out military training drills with zombies as the enemy. In 2011, the DOD created a 31-page instruction manual for how to protect America from a terrorist attack carried out by zombie forces. In 2012, the CDC released a guide for surviving a zombie plague. That was followed by training drills for members of the military, police officers and first responders. As journalist Andrea Peyser reports:

Coinciding with Halloween 2012, a five-day national conference was put on by the HALO Corp. in San Diego for more than 1,000 first responders, military personnel and law enforcement types. It included workshops produced by a Hollywood-affiliated firm in…overcoming a zombie invasion. Actors were made up to look like flesh-chomping monsters. The Department of Homeland Security even paid the $1,000 entry fees for an unknown number of participants….

“Zombie disaster” drills were held in October 2012 and ’13 at California’s Sutter Roseville Medical Center. The exercises allowed medical center staff “to test response to a deadly infectious disease, a mass-casualty event, terrorism event and security procedures”…

[In October 2014], REI outdoor-gear stores in Soho and around the country are to hold free classes in zombie preparedness, which the stores have been providing for about three years.

The zombie exercises appear to be kitschy and fun—government agents running around trying to put down a zombie rebellion—but what if the zombies in the exercises are us, the citizenry, viewed by those in power as mindless, voracious, zombie hordes?

onsider this: the government started playing around with the idea of using zombies as stand-ins for enemy combatants in its training drills right around the time the Army War College issued its 2008 report, warning that an economic crisis in the U.S. could lead to massive civil unrest that would require the military to intervene and restore order.

That same year, it was revealed that the government had amassed more than 8 million names of Americans considered a threat to national security, to be used “by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law.” The program’s name, Main Core, refers to the fact that it contains “copies of the ‘main core’ or essence of each item of intelligence information on Americans produced by the FBI and the other agencies of the U.S. intelligence community.”

Also in 2008, the Pentagon launched the Minerva Initiative, a $75 million military-driven research project focused on studying social behavior in order to determine how best to cope with mass civil disobedience or uprisings. The Minerva Initiative has funded projects such as “Who Does Not Become a Terrorist, and Why?” which “conflates peaceful activists with ‘supporters of political violence’ who are different from terrorists only in that they do not embark on ‘armed militancy’ themselves.”

In 2009, the Dept. of Homeland Security issued its reports on Rightwing and Leftwing Extremism, in which the terms “extremist” and “terrorist” were used interchangeably to describe citizens who were disgruntled or anti-government. Meanwhile, a government campaign was underway to spy on Americans’ mail, email and cell phone communications. Recent reports indicate that the U.S. Postal Service has handled more than 150,000 requests by federal and state law enforcement agencies to monitor Americans’ mail, in addition to photographing every piece of mail sent through the postal system.

Noticing a pattern yet? “We the people” or, more appropriately, “we the zombies” are the enemy.

So when presented with the Defense Department’s battle plan for defeating an army of the walking dead, you might find yourself giggling over the fact that a taxpayer-funded government bureaucrat actually took the time to research and write about vegetarian zombies, evil magic zombies, chicken zombies, space zombies, bio-engineered weaponized zombies, radiation zombies, symbiant-induced zombies, and pathogenic zombies.

However, I would suggest that you take at face value the DOD’s strategy, outlined in “CONOP 8888,” recognizing that in an age of extreme government paranoia, what you’re really perusing is a training manual for the government in how to put down a citizen uprising or at least an uprising of individuals “infected” with dangerous ideas about freedom. Military strategists seized upon the zombie ruse as a way to avoid upsetting the public should the “fictional training scenario” be mistaken for a real plan. Of course, the tactics and difficulties involved are all too real, beginning with martial law.

As the DOD training manual states: “zombies [read: “activists”] are horribly dangerous to all human life and zombie infections have the potential to seriously undermine national security and economic activities that sustain our way of life. Therefore having a population that is not composed of zombies or at risk from their malign influence is vital to U.S. and Allied national interests.”

So how does the military plan to put down a zombie (a.k.a. disgruntled citizen) uprising?

The strategy manual outlines five phases necessary for a counter-offensive: shape, deter, seize initiative, dominate, stabilize and restore civil authority. Here are a few details:

Phase 0 (Shape): Conduct general zombie awareness training. Monitor increased threats (i.e., surveillance). Carry out military drills. Synchronize contingency plans between federal and state agencies. Anticipate and prepare for a breakdown in law and order.

Phase 1 (Deter): Recognize that zombies cannot be deterred or reasoned with. Carry out training drills to discourage other countries from developing or deploying attack zombies and publicly reinforce the government’s ability to combat a zombie threat. Initiate intelligence sharing between federal and state agencies. Assist the Dept. of Homeland Security in identifying or discouraging immigrants from areas where zombie-related diseases originate.

Phase 2 (Seize initiative): Recall all military personal to their duty stations. Fortify all military outposts. Deploy air and ground forces for at least 35 days. Carry out confidence-building measures with nuclear-armed peers such as Russia and China to ensure they do not misinterpret the government’s zombie countermeasures as preparations for war. Establish quarantine zones. Distribute explosion-resistant protective equipment. Place the military on red alert. Begin limited scale military operations to combat zombie threats. Carry out combat operations against zombie populations within the United States that were “previously” U.S. citizens.

Phase 3 (Dominate): Lock down all military bases for 30 days. Shelter all essential government personnel for at least 40 days. Equip all government agents with military protective gear. Issue orders for military to kill all non-human life on sight. Initiate bomber and missile strikes against targeted sources of zombie infection, including the infrastructure. Burn all zombie corpses. Deploy military to lock down the beaches and waterways.

Phase 4 (Stabilize): Send out recon teams to check for remaining threats and survey the status of basic services (water, power, sewage infrastructure, air, and lines of communication). Execute a counter-zombie ISR plan to ID holdout pockets of zombie resistance. Use all military resources to target any remaining regions of zombie holdouts and influence. Continue all actions from the Dominate phase.

Phase 5 (Restore civil authority): Deploy military personnel to assist any surviving civil authorities in disaster zones. Reconstitute combat capabilities at various military bases. Prepare to redeploy military forces to attack surviving zombie holdouts. Restore basic services in disaster areas. A Government of Wolves book cover

Notice the similarities? Surveillance. Military drills. Awareness training. Militarized police forces. Martial law. What’s amazing is that the government is not being covert about any of this. As I point out in my book, A Government of Wolves: The Emerging American Police State, it’s all out in the open, for all to see, read and learn from.

If there is any lesson to be learned, it is simply this: whether the threat to national security comes in the form of actual terrorists, imaginary zombies or disgruntled American citizens infected with dangerous ideas about freedom, the government’s response to such threats remains the same: detect, deter and annihilate.

It’s time to wake up, America, before you end up with a bullet to the head—the only proven means of killing a zombie.

The Final Nail in the Coffin: The Death of Freedom in Our Schools

Posted: August 26, 2014 in Uncategorized
Tags: civil liberties, Congress, Constitution, criminal behavior, criminalization, drug-sniffing dogs, education, Facebook, Ferguson, first amendment, fourth amendment, free speech, Hitler, Hitler Youth, lock downs, metal detectors, militarized police, Nazi Germany, police, police state, public schools, school safety, strip searches, surveillance, tasers, zero tolerance

“Men fight for liberty and win it with hard knocks. Their children, brought up easy, let it slip away again, poor fools. And their grandchildren are once more slaves.”―D.H. Lawrence

No matter what your perspective on the showdown between locals and law enforcement in Ferguson, Missouri, there can be no disputing the fact that “local” police should not be looking or acting like branches of the military.

Unfortunately, in the police state that is America today, we’re going to find ourselves revisiting Ferguson over and over again. Every time an unarmed citizen gets shot by a police officer who is armed to the hilt, or inclined to shoot first and ask questions later, or so concerned about their own safety, to the exclusion of all else, that everything becomes a potential threat, we’ll find ourselves back in Ferguson territory again.

Here’s the thing, though: whether or not it ever gets reported, whether it incites any protests or marches or showdowns of epic proportions, whether it elicits any outrage on the part of the citizenry, Ferguson is already happening over and over again, all around us.

It’s happening in small towns and big cities alike every time a citizen gets stopped and frisked for no better reason than they “look” suspicious. It’s happening on the nation’s highways and byways, where corporate greed disguised as road safety is making a hefty profit off of drivers who have the misfortune of passing a red light camera or a speed camera or a license plate reader. It’s happening in the privately run jails, which are teeming with prisoners doing time for nonviolent crimes that should have landed them with a slap on the wrist and a fine instead of hard time and forced labor.

It’s happening in our airports and train stations and shopping malls, where menacing squads of black-garbed, jack-booted, up-armored soldiers disguised as law enforcement officials are subjecting Americans to roving security checkpoints, allegedly in the pursuit of terrorists. And it’s happening in the schools, where the school-to-prison pipeline is fully operational and busy churning out newly minted citizens of the American police state who have been taught the hard way what it means to comply and march in lockstep with the government’s dictates.

Young Alex Stone didn’t even make it past the first week of school before he became a victim of the police state. Directed by his teacher to do a creative writing assignment involving a series of fictional Facebook statuses, Stone wrote, “I killed my neighbor’s pet dinosaur. I bought the gun to take care of the business.” Despite the fact that dinosaurs are extinct, the status fabricated, and the South Carolina student was merely following orders, his teacher reported him to school administrators, who in turn called the police.

What followed is par for the course in schools today: students were locked down in their classrooms while armed police searched the 16-year-old’s locker and bookbag, handcuffed him, charged him with disorderly conduct disturbing the school, arrested him, detained him, and then he was suspended from school. Stone’s mother was never alerted to the school’s concerns about her son’s creative writing assignment or his subsequent interrogation and arrest.

Keshana Wilson, a 14-year-old student at a Pennsylvania high school, was tasered in the groin by a police officer working as a school resource officer, allegedly because she resisted arrest for cursing, inciting a crowd of students, and walking on the highway. One might be hard pressed to find a teenager not guilty of one or the other at any given time. Nevertheless, the tasering came after the officer grabbed the teenager from behind and pushed her up against a car, without identifying himself as a police officer. “The teenager had to be taken to hospital to have the taser probes removed before she was arrested and charged with aggravated assault on the officer, simple assault, riot, resisting arrest, disorderly conduct, failure to disperse and walking on the highway,” noted one reporter.

Rounding out the lesson in compliance, police officers who patrol schools in Compton, Calif., are now authorized to buy semi-automatic AR-15 rifles and carry them in their patrol car trunks while on duty—a practice that is becoming increasingly common, according to Joe Grubbs, president of the California Association of School Resource Officers. A few states away, in Missouri, a new state law actually requires that all school districts participate in live-action school shooting drills, including realistic gunfire, students covered in fake blood, and bodies strewn throughout the hallways.

Now these incidents may seem light years away from the all-too-grim reality of the events that took place in Ferguson, Missouri, but they are, in fact, mere stops along the way to the American police state, and parents with kids returning to school would do well to consider these incidents fair warning, because today’s public schools have become microcosms of the world beyond the schoolhouse gates, and increasingly, it’s a world hostile to freedom.

As I show in my book A Government of Wolves: The Emerging American Police State, within America’s public schools can be found almost every aspect of the American police state that plagues those of us on the “outside”: metal detectors, surveillance cameras, militarized police, drug-sniffing dogs, tasers, cyber-surveillance, random searches, senseless arrests, jail time, the list goes on.

Whether it takes the form of draconian zero tolerance policies, overreaching anti-bullying statutes, police officers charged with tasering and arresting so-called unruly children, standardized testing with its emphasis on rote answers, political correctness, or the extensive surveillance systems cropping up in schools all over the country, young people in America are first in line to be indoctrinated into compliant citizens of the new American police state.

Zero tolerance policies, which punish all offenses severely, no matter how minor, condition young people to steer clear of doing anything that might be considered out of line, whether it’s pointing their fingers like a gun, drawing on their desks, or chewing their gum too loudly.

Surveillance technologies, used by school officials, police, NSA agents, and corporate entities to track the everyday activities of students, accustom young people to life in an electronic concentration camp, with all of their movements monitored, their interactions assessed, and their activities recorded and archived. For example, the Department of Education (DOE) has created a system to track, archive and disseminate data on every single part of a child’s educational career with colleges and state agencies such as the Department of Labor and the offices of Technology and Children and Family Services.

Metal detectors at school entrances and police patrolling school hallways acclimatize young people to being viewed as suspects. Funded in part by federal grants, school districts across the country have “paid local police agencies to provide armed ‘school resource officers’ for high schools, middle schools and sometimes even elementary schools.” As the New York Times reports, “Hundreds of additional districts, including those in Houston, Los Angeles and Philadelphia, have created police forces of their own, employing thousands of sworn officers.” The problem, of course, is that the very presence of these police officers in the schools results in greater numbers of students being arrested or charged with crimes for nonviolent, childish behavior. In Texas, for example, school police officers write more than 100,000 misdemeanor tickets a year, each ticket amounting to hundreds of dollars in court fines—a convenient financial windfall for the states. All too often, these incidents remain on students’ permanent records, impacting college and job applications.

Weapons of compliance, such as tasers which deliver electrical shocks lethal enough to kill, not only teach young people to fear the police, the face of our militarized government, but teach them that torture is an accepted means of controlling the population. It’s a problem that has grown exponentially as the schools have increasingly clamored for—and hired on—their own police forces. One high school student in Texas suffered severe brain damage and nearly died after being tasered. A 15-year-old disabled North Carolina student was tasered three times, resulting in punctured lungs. A New York student was similarly tasered for lying on the floor and crying.

Standardized testing and Common Core programs, which discourage students from thinking for themselves while rewarding them for regurgitating whatever the government, through its so-called educational standards, dictates they should be taught, will not only create a generation of test-takers capable of little else, but it will also constitute massive data collection on virtually every aspect of our children’s lives which will be accessed by government agents and their corporate allies.

Overt censorship, monitoring and political correctness, which manifest themselves in a variety of ways, from Internet filters on school computers to sexual harassment policies, habituate young people to a world in which nonconformist, divergent, politically incorrect ideas and speech are treated as unacceptable or dangerous. In such an environment, a science teacher criticizing evolution can get fired for insubordination, a 9-year-old boy remarking that his teacher is “cute” can be suspended for sexual harassment, students detected using their smart phones during class time can be reported for not paying attention in class, and those accused of engaging in “bullying, cyber-bullying, hate and shaming activities, depression, harm and self harm, self hate and suicide, crime, vandalism, substance abuse and truancy” on social media such as Twitter or Facebook, will have their posts and comments analyzed by an outside government contractor.

As problematic as all of these programs are, however, what’s really unnerving are the similarities between the American system of public education and that of totalitarian regimes such as Nazi Germany, with their overt campaigns of educational indoctrination. And while those who run America’s schools may not be deliberately attempting to raise up a generation of Hitler Youth, they are teaching young people to march in lockstep with the all-powerful government—which may be just as dangerous in the end.

You don’t have to take my word for it. The United States Holocaust Memorial Museum provides some valuable insight into education in the Nazi state, which was responsible for winning “millions of German young people … over to Nazism in the classroom and through extracurricular activities.” The similarities are startling, ranging from the dismissal of teachers deemed to be “politically unreliable” to the introduction of classroom textbooks that taught students obedience to state authority and militarism. “Board games and toys for children served as another way to spread racial and political propaganda to German youth. Toys were also used as propaganda vehicles to indoctrinate children into militarism.” And then there was the Hitler Youth, a paramilitary youth group intended to train young people for future service in the armed forces and government.

Hitler himself recognized the value of indoctrinating young people. As he noted, “When an opponent declares, ‘I will not come over to your side, and you will not get me on your side,’ I calmly say, ‘Your child belongs to me already. A people lives forever. What are you? You will pass on. Your descendants however now stand in the new camp. In a short time they will know nothing else but this new community.’”

In the face of such a mechanized, bureaucratic school system that demands conformity, indoctrinating and enslaving their minds while punishing anyone who dares step out of line, American school children are indeed powerless. And they will remain helpless, powerless and in bondage to the police state unless “we the people” take the steps to set them free. — John W. Whitehead

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

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