Refining The Law Because Of Technology

For those of us who grew up before the age of computers and cell phones, a lot of what is currently happening in technology and being created electronically is very foreign. These changes in technology are also impacting our laws. Being tracked by your cell phone is nothing new. Back in the day when your cell phone looked like something you would use to call in an air strike, when you left one calling zone and entered another, you got a welcoming phone call. Even back then they knew where you were if you carried a cell phone (then known as a car phone).

On Wednesday, Just the News posted an article about how the location information on cell phones can be used.

The article reports:

Two federal appeals courts have taken starkly different views on one of the government ‘s newer electronic dragnet tools – geofence warrants that track people via their cell phones – setting up a likely showdown before the U.S. Supreme Court that could define privacy in the digital era for decades to come.

Last week, the 5th U.S. Circuit Court of Appeals ruled that such geofence warrants are “categorically prohibited by the Fourth Amendment” protection against unlawful search and seizure. The judges concluded the mass gathering of Americans’ cell phone geographic locations to identify a single suspect in a postal worker’s armed robbery amounted to the sort of general warrant that the Founding Fathers steadfastly rejected at America’s birth as their new country broke from British rule.

“It is undeniable that general warrants are plainly unconstitutional,” that appeals court ruled. The 5th Circuit oversees appeals from Louisiana, Mississippi, and Texas federal district courts.

A few states over, the 4th U.S. Circuit of Appeals came to a different conclusion, ruling that when law enforcement gathers two hours of all a cell phone users’ records in Google’s database for a certain location near a crime it didn’t violate privacy because more than a half-billion cell phone users had opted to turn on the geo-tracking capabilities of their to make their apps work better. Such opt-ins, the 4th Circuit ruled, amounted to a waiver of privacy. The 4th Circuit oversees appeals from Maryland, Virginia, West Virginia, North Carolina, and South Carolina federal district courts.

The article concludes:

In other words, using a digital dragnet to search millions of Americans location records to identify an unknown assailant or two amounted to a fishing exercise tantamount to the “general warrants” the Constitution’s framers rejected handily two centuries earlier.

Google has revealed that the number of geo-warrants has gone from rare in 2016 to overwhelming – more than 10,000 annually – a decade later. The tech giant announced last year it was shutting down its ability to store all users’ geo location data in its own database known as Sensorvault and instead leaving it on each consumer’s cell phone where it must be obtained by individual warrant.

No matter how Google changes their practices, the breadth of digital searching that law enforcement can still do in 2024 from other vendors leaves most experts certain the issue of geofencing and tactics likely will be decided by the U.S. Supreme Court.

This is something to watch. How much privacy are Americans entitled to?

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What Was The Basis For The Warrant?

On Tuesday, Trending Politics posted the following headline:

DOJ Ordered Sweep of Trump’s Twitter Data for Everyone Who ‘Liked, Followed or Retweeted’ Trump

The article reports:

Attorneys for the Justice Department have revealed documents connected to their search warrant for Donald Trump’s Twitter account, indicating that prosecutors collected a massive collection of data about the former President’s social media activity—including information on every account that liked, followed, or retweeted him.

The extensively redacted search warrant was revealed as a result of a judge’s ruling on November 17, which came after a consortium of media organizations filed an application in August for the warrant and other data to be made public.

…Indeed, Special Counsel Jack Smith sought, and appears to have gotten, information on all users Trump followed, unfollowed, muted, unmuted, blocked, or unblocked, as well as all users who followed, unfollowed, muted, unmuted, blocked, or unblocked Trump.

Smith also requested that Twitter provide information on “all lists of Twitter users who have favorited or retweeted tweets posted by [Trump], as well as all tweets that include the username associated with the account (i.e., ‘mentions’ or ‘replies’).”

The DOJ’s request also wanted information on Trump’s geolocation, private messages, search history, and contact information. More outrageously, prosecutors allegedly wanted to know his pronouns, as reported by Headline USA in August, when court transcripts relating to the Twitter-DOJ battle became available.

The warrant’s release comes after Twitter objected to the search warrant as well as an accompanying gag order, claiming that the gag order violated the company’s First Amendment right to communicate with Trump and that Trump may have legal standing to use executive privilege to block the warrant.

The article concludes:

This is chilling: Not only did Jack Smith seek to violate Donald Trump’s reasonable expectation of privacy in search for a crime, he wanted to do it in secret.

Furthermore, Smith’s team sought to investigate everyone who interacted with Trump’s account on Twitter/X, as if they were implicated in a criminal racketeering enterprise.

The Justice Department has now devolved into a weapon for political partisans, rather than being an instrument of law enforcement.

Washington needs to be cleaned out and those who routinely violated the rights and Americans need to be sent to jail.

 

Protecting The Privacy Of Americans

One of the things that happened after January 6th was that bank transactions and credit card transactions in the Washington, D.C., are were tracked to see who was in Washington on that day. One person I know who went to the rally and then went back to her hotel had her business’ PayPal account canceled essentially because she used her credit card to buy a hamburger. She was never anywhere near the Capitol building. How did PayPal know she was in Washington?

On Friday, The Epoch Times reported the following:

House Judiciary Chairman Jim Jordan (R-Ohio) has subpoenaed Bank of America (BoA) for information over the company’s alleged sharing with the FBI of private customer data from around the time of the Jan. 6, 2021, events in Washington.

The subpoena is part of the Select Subcommittee on the Weaponization of the Federal Government’s probe “into major banks sharing Americans’ private financial data with the [FBI] without legal process for transactions made in the Washington, DC, area around Jan. 6, 2021″—the day that supporters of President Donald Trump breached the U.S. Capitol as Congress was certifying the 2020 election, which the former president has called rigged and stolen. Politico first reported the Nov. 16 development.

The committee subpoenaed relevant documents from the bank, including internal communications about the decision to transfer the information to the FBI, any communications that the bank had with the agency, and any other information. The lawmakers gave Bank of America a June 8 deadline to comply.

The article also notes:

Those who had used Bank of America accounts to purchase a firearm, regardless of when or where the transaction took place, were bumped to the top of that list.

The article includes a possible solution to this obvious invasion of privacy:

However, in a Nov. 16 letter to Bank of America CEO Brian Moynihan, informing him of the subpoena, Mr. Jordan, who also chairs the Weaponization Select Subcommittee, wrote that, “it is unclear what ‘legal’ process permits the FBI or BoA to share the sensitive customer information of potentially thousands of BoA customers and implicate them in a federal law enforcement investigation without any clear criminal nexus.”

After all, the Ohio congressman wrote, “If such a lawful authority exists, as BoA asserts, for BoA to freely share private financial information without any legal process or specific nexus to criminality, Congress has a responsibility to consider reforms that adequately protect Americans’ information.”

This is something to keep an eye on.

Big Tech Is Watching You

The Western Journal posted an article today about privacy in America.

The article reports:

Those who are wary of smartphones, smart devices and virtual assistants generally cite concerns over their information being recorded and shared without their knowledge.

Only fueling those concerns, one woman recently shared that she had found over 3,000 recordings of herself taken by her various Amazon devices.

The woman, who goes by the username “my.data.not.yours” on TikTok, posts lots of videos on the topics of privacy, reviews privacy policies and gives people tips on how to limit (or at least be aware of) their digital footprint.

She started by informing viewers that she owns two Amazon Dots and an Echo device, and her house uses some smart bulbs.

“I requested all the data Amazon has on me and here’s what I found,” she said. “So when I downloaded the ZIP file these are all the folders it came with.”

In the video, she clicks on the “audio” file and says that it contains 3,534 short clips that her devices recorded, which she tells viewers is “so scary.”

She explained that one recording was of her asking Alexa to turn the lights on — nothing too surprising there. What she was more concerned about was that there was a file on her contacts, too.

“It turns out they have a full list of my contacts from my phone and I never remember syncing that,” she said.

That wasn’t the end of it.

“The very last thing that I didn’t know that they had — I could have assumed that they have but I don’t love that they have — is my location,” she continued, admitting that she’s “not totally comfortable with everything they have.”

The article also explains how you can delete things from Alexa:

In February, an article by CNBC stated that the Amazon Echo “saves a copy of everything you ask Alexa,” which makes sense. You can also delete these recordings — ironically — by asking Alexa to delete them.

You can also change the settings so that recordings are automatically deleted after a set amount of time.

According to the New York Post, an Amazon spokesperson acknowledged the voice recording feature and said that the recordings can be deleted at any time or you can change the settings so they aren’t saved in the first place.

“We give customers transparency and control over their Alexa experience,” the spokesperson said. “Customers can easily review and delete their voice recordings, or choose not to have them saved at all, at any time.

“Customers can import their mobile phone contacts to the Alexa app so they can use features like hands-free calling and messaging; this optional feature, which customers need to set up, can be disabled at any time.

“Finally, you can grant permissions for the Alexa app to use certain data, such as your mobile device’s geolocation, to provide relevant results (e.g., weather, traffic, restaurant recommendations), and you can manage these permissions in the app.”

Did you know about these features?

Wow.

How Much Privacy Is A President Entitled To?

Hot Air posted an article today about the ongoing court battle regarding the Congressional subpoena of former White House Counsel Don McGahn. Counsel McGahn was summoned by the House Judiciary Committee to answer questions about the time he worked for President Trump.

The article reports:

Whether or not he would appear was a bone of contention for a while until a federal judge issued a dramatic proclamation on Monday, stating that “Presidents are not kings” and ordering McGahn to appear.

Well, that lasted for all of three days. By Wednesday evening, that same judge had backed down, allowing a request from the Justice Department to delay the implementation of the ruling until the appeals process has played out. Of course, this doesn’t mean McGahn (and the President) are totally off the hook, but they’ve at least bought a bit of breathing room. (Daily Mail)

The article concludes:

That doesn’t mean that the final decision on McGahn won’t cast a long shadow, however. How this plays out will have consequences for the ongoing impeachment circus. At issue here is the question of whether or not aides to the President are shielded from revealing details of private conversations they’ve had with the boss or the counsel they offered. Also, whether or not that shielding lasts indefinitely even after they’ve left their positions with the White House.

That sort of privacy has long been assumed to be part of the President’s executive privilege. But does that extend to investigations of potential criminal conduct? That’s the question that will be answered when the dust settles on McGahn’s subpoena. If he’s ordered to show up and testify, that could open the gate for numerous other Trump aides to be called in to talk about all of the Ukraine events. And that’s likely not something President Trump will want to see after we’re in the thick of the final push to next year’s election.

I guess my question is whether or not the President has the same civil rights as ordinary citizens, If you are an ordinary citizen, your conversations with your lawyer are protected by law. We saw this Constitutional principle violated when Michael Cohen’s offices were raided. Now the question is whether or not we are going to continue to violate President Trump’s Constitutional rights. All of us need to remember–if the President does not have Constitutional rights, then none of us have Constitutional rights.

Don’t Hold Your Breath Waiting For Consequences

On October 9, One America News reported the following:

The United States Foreign Intelligence Surveillance Court has ruled that the FBI previously violated Americans’ privacy rights by conducting unreasonable searches. The FISA Court opinion disclosed Tuesday revealed that the FBI violated constitutional rights and federal law through their warrant-less internet surveillance program.

A 2018 review revealed the bureau used their raw intelligence database in 2017 and 2018 to administer tens of thousands of searches on private U.S. citizens. The searches were conducted on some occasions to screen FBI personnel and sources, involving emails and phone numbers. In one instance, the court stated that an FBI contractor searched his family, staff members and himself on the database.

Federal law requires the database only be used to gather evidence of a crime or foreign intelligence information. According to the ruling, the FBI violated the law authorizing the program as well as the Fourth Amendment, which bars the government from conducting unreasonable searches.

Following the court’s decision, the FBI said it would apply new procedures as to how the database is used in order to better protect personal privacy.

The Foreign Intelligence Service Act has been under scrutiny for some time. Former Trump campaign adviser Carter Page has argued the Obama-era FBI may have used its FISA authority unlawfully against him.

Years ago I took a critical thinking course taught by a former NSA employee. At the beginning of the course, he assured us that guidelines that protected Americans from illegal surveillance were being followed. He stated that in his experience anyone who violated those guidelines was escorted out immediately. About a year later, I talked to him and he apologized for misleading the class. He commented that upon further research he found violations tolerated and sometimes encouraged. Unfortunately there were a lot of things that went on during the Obama administration regarding the politicization of government agencies that we are just now beginning to uncover. It is my hope that the people who chose to violate the civil rights of American citizens will be held accountable. If they are not, the abuses of power will continue.

About That Privacy Thing

Breitbart is reporting today that Google failed to tell consumers about a secret microphone in its home security product, Nest Secure. So your security system may be eavesdropping on you. Great.

The article reports:

According to Business Insider, Google announced this month “users would now be able to use Google Assistant” on Nest Secure devices.

However, “users didn’t know a microphone even existed on their Nest Secure devices to begin with.

Google apologized for failing to disclose the “secret” microphone on Tuesday, claiming it was due to an “error.”

“The on-device microphone was never intended to be a secret and should have been listed in the tech specs. That was an error on our part,” declared a Google spokesman. “The microphone has never been on, and is only activated when users specifically enable the option.”

“Security systems often use microphones to provide features that rely on sound sensing,” the spokesman explained. “We included the mic on the device so that we can potentially offer additional features to our users in the future, such as the ability to detect broken glass.”

There is a saying that you should never put anything in writing that you wouldn’t want your mother to see as a headline in The New York Times. I think we need to change that saying to never say anything within range of your security system, your cell phone, or Alexa that you wouldn’t want to see as a headline in The New York Times.

Speaker Pelosi Has Jumped The Shark

CNS News posted an article today about a bill proposed by Speaker of the House Nancy Pelosi. In an effort to continue to harass the President, Speaker Pelosi has introduced legislation that would require all candidates for president and vice-president to release their tax returns. There would be no requirement for candidates for Congress to release their tax returns.

The article reports:

The provision is part of H.R. 1—the “For the People Act”—which Pelosi introduced Friday.

A summary of the bill says that it includes a section titled “Presidential Tax Transparency.” This section, says the summary: “Requires sitting presidents and vice presidents, as well as candidates for the presidency and vice presidency, to release their tax returns.”

In 2017, when members of Congress were calling on President Donald Trump to release his tax returns, Roll Call asked all 535 members of the House and Senate to release theirs. As Roll Call reported at the time, 6 members did release their tax returns as requested by the publication. Another 6 had already released theirs elsewhere. Another 45 members, Roll Call reported, had previously and partially released their tax returns. But 473 members had not released their tax returns and did not respond to Roll Call’s request that they do so.

Rep. Nancy Pelosi was one of the members, Roll Call reported, who had not released her tax returns.

At an April 2017 press briefing promoting similar legislation that would have required the president—but not members of Congress—to release their tax returns, Pelosi said that president’s do not have a “right to privacy” when it comes to their tax returns.

I don’t mean to be picky here, but if Congress is willing to pass a law that states that candidates for president and vice-president have to release their tax returns, then Congress should have to release theirs.

I have a feeling that for the next two years the House of Representatives is going to spend more time working on laws to make life difficult for President Trump than it is making laws that will be helpful to Americans. That is truly sad.

Laws Have Consequences

CNS News reported yesterday that a 5-year-old girl was allegedly assaulted in the girls’ bathroom by a boy who identifies as gender-fluid. Is anyone comfortable with that?

The article reports:

According to a legal complaint by Roger G. Brooks of the Alliance Defending Freedom (ADF) and Vernadette R. Broyles of Georgia Adoption & Family Law Practice, the boy, who was also five years old, reportedly assaulted the girl as she was leaving a bathroom stall at Oakhurst Elementary School in November 2017.

“As [Victim] was emerging from a stall, the Assailant pushed her against a wall, pushed his hand between her legs, and repeatedly felt and poked at her genitals … while she struggled and called out for him to stop,” reads the legal complaint, dated May 22, 2018. “No one came to help.”

The boy had permission to enter the girls’ bathroom under a policy that “required” schools to “admit boys who identify as female into girls’ restrooms, locker rooms, and shower areas on school premises,” according to the legal complaint.

Prior to the 2016-2017 school year, boys were not permitted to enter restrooms for girls. However, in a July 26, 2016 email, the Superintendent of the City Schools of Decatur, David Dude, told school staff members that students should be permitted to use the restrooms that matched their gender identities.

The lawyers from Alliance Defending Freedom (ADF) and Vernadette R. Broyles of Georgia Adoption & Family Law Practice have gotten involved in the case.

The article reports:

In the complaint, the lawyers argued that the violation of girls’ privacy was a deliberate aspect of Oakhurst Elementary’s bathroom policy, not just a side effect.

“The Decatur Schools wish to ‘affirm’ boys who in some sense identify as girls by authorizing them to mingle with girls in areas that are reserved to single-sex use precisely because these areas involve some degree of undress, personal hygiene, and proximity that is considered to be inappropriate, intrusive, or potentially embarrassing between individuals of the opposite sex,” Brooks and Broyles wrote in the complaint.

“In other words, the violation of privacy of girls is not an unfortunate side effect of the policy – it is an essential goal of the policy,” the lawyers added.

The lawyers also noted that officials of the Decatur school system did not “make any inquiry” into possible “physical risks to girls” or “psychological stress” for girls, including those who may have been previously abused or assaulted.

How many little girls have to be assaulted before schools recognize the insanity of the idea of letting boys into girls private spaces? Are we ready to allow the high school football team to invade the girls’ locker room? Anyone who has raised a teenager can see the folly in this.

This Is Where We Are

As a parent, are you comfortable with this?

 

I don’t want to see transgendered students bullied, but I don’t want to put high school girls in danger of being molested or leered at by students claiming to be transgender who are not. Separate facilities are needed. We also need to help all students learn to stand up to any bullying that happens. Fighting back is not a bad thing. I would also like to note that no matter how you may feel, your DNA has not changed. Maybe we should go back to the days of little kids playing doctor and let them sort this out.