(Boylove News Articles) - Homeland Security's Assault on Travel: Difference between revisions
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Apparently, one can reasonably infer that there is one type of “terrorist” which Homeland Security finds more threatening than Al Qaeda; that is the aging, registered sex offender whose sole conviction, decades earlier, for a same-sex offense with a minor (with no allegations of force or coercion) whose position within his industry (representing American products) necessitates international travel and which brings him into frequent contact with its Customs and Border Patrol agency having passed through Customs, literally, many dozens of times. | Apparently, one can reasonably infer that there is one type of “terrorist” which Homeland Security finds more threatening than Al Qaeda; that is the aging, registered sex offender whose sole conviction, decades earlier, for a same-sex offense with a minor (with no allegations of force or coercion) whose position within his industry (representing American products) necessitates international travel and which brings him into frequent contact with its Customs and Border Patrol agency having passed through Customs, literally, many ''dozens'' of times. | ||
One can draw no other conclusion when that traveler's experience in disembarking from chock-full 747's consistently saw him as the last person from that flight to exit the Customs inspection area of the international terminal and hail a cab. It won't matter that he had had no other brush with the law since his one conviction, more than a quarter-century before, nor that he can readily demonstrate legitimate business purposes in traveling. | One can draw no other conclusion when that traveler's experience in disembarking from chock-full 747's consistently saw him as the last person from that flight to exit the Customs inspection area of the international terminal and hail a cab. It won't matter that he had had no other brush with the law since his one conviction, more than a quarter-century before, nor that he can readily demonstrate legitimate business purposes in traveling. | ||
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As a result, many have opted to greatly curtail their trips abroad. Some have simply stopped traveling, altogether. | As a result, many have opted to greatly curtail their trips abroad. Some have simply stopped traveling, altogether. | ||
The aggravations posed by the TSA, which affects more domestic travelers than international, have received far greater attention than the more frightening threats posed by DHS's CBP or its investigative arm, ICE, when one is caught in its “nearly constitution-free” zone. One might liken this zone to a “sally port” of the type found at the entrance to prisons where one is allowed to go neither forward nor backward without having first satisfied all of ones captor's demands. When there, and despite that it is entirely contained within the United States, rights are precious and few. Without permission, you are not free to go about your business.<ref>DHS Travel Screening Measures: https://www.eff.org/issues/travel-screening</ref> | The aggravations posed by the TSA, which affects more domestic travelers than international, have received far greater attention than the more frightening threats posed by DHS's CBP or its investigative arm, ICE, when one is caught in its “nearly constitution-free” zone. One might liken this zone to a “sally port” of the type found at the entrance to prisons where one is allowed to go neither forward nor backward without having first satisfied all of ones captor's demands. When there, and despite that it is entirely contained within the United States, rights are precious and few. Without permission, you ''are not free'' to go about your business.<ref>DHS Travel Screening Measures: https://www.eff.org/issues/travel-screening</ref> | ||
Within this zone, thousands of American citizens have had their computers, cellphones, iPads, digital cameras, memory sticks and hard drives routinely seized and all of the information contained within them forensically scrutinized copied and, presumably, shared with other government agencies. Many of those Americans are registered sex offenders. | Within this zone, thousands of American citizens have had their computers, cellphones, iPads, digital cameras, memory sticks and hard drives routinely seized and all of the information contained within them forensically scrutinized copied and, presumably, shared with other government agencies. Many of those Americans are registered sex offenders. | ||
Recent court rulings purport to limit (in theory) the government's ability to conduct forensic level scrutiny of hard drives and to retain data without reasonable suspicion but do nothing to prevent CBP/ICE from examining files and non-forensically searching hard drives. Given what we now know of the NSA and of its devious practice of “parallel construction” (in coordination with other agencies such as the DEA and the FBI) it is hard to imagine this ruling frustrating attempts at either. | Recent court rulings purport to limit (in theory) the government's ability to conduct forensic level scrutiny of hard drives and to retain data without reasonable suspicion but do nothing to prevent CBP/ICE from examining files and ''non-forensically'' searching hard drives. Given what we now know of the NSA and of its devious practice of “parallel construction” (in coordination with other agencies such as the DEA and the FBI) it is hard to imagine this ruling frustrating attempts at either. | ||
Sex offenders, however, are specifically excluded from even this mild limitation. Federal Judge Edward Korman makes clear that sex offenders, by their very status and existence, continuously (and forever) provide sufficient reasonable suspicion that forfeits their rights in this regard. | Sex offenders, however, are specifically ''excluded'' from even this mild limitation. Federal Judge Edward Korman makes clear that sex offenders, by their very status and ''existence'', continuously (and forever) provide sufficient ''reasonable suspicion'' that forfeits their rights in this regard. | ||
All of the myriad details of ones life, if a sex offender, are now claimed by the United States government - and actionable in all ways it might exploit - when they step into the magical DHS zone, a zone in which the Fourth Amendment, at a minimum, nearly ceases to exist. <ref>Eastern District of New York Judge Edward R. Korman dismisses plaintiff action brought by NACDL and ACLU against DHS, December 31, 2013 https://www.nyed.uscourts.gov/sites/default/files/opinions/10cv4059mo12312013.pdf</ref> | All of the myriad details of ones life, if a ''sex offender'', are now claimed by the United States government - ''and actionable in all ways it might exploit'' - when they step into the ''magical DHS zone'', a zone in which the Fourth Amendment, at a minimum, nearly ceases to exist. <ref>Eastern District of New York Judge Edward R. Korman dismisses plaintiff action brought by NACDL and ACLU against DHS, December 31, 2013 https://www.nyed.uscourts.gov/sites/default/files/opinions/10cv4059mo12312013.pdf</ref> | ||
While being questioned in that zone, you are not informed of your Miranda Rights because, frankly, the agents don't have to. Yet anything you say to them can be used in a court of law to convict you. Innocent, even completely inconsequential, misstatements can result in serious criminal penalties for providing “false reports” to law enforcement. <ref> Immigrants Deserve Basic Miranda-Like Warnings When Arrested - http://immigrationimpact.com/2013/02/28/immigrants-deserve-basic-miranda-like-warnings-when-arrested</ref> | While being questioned in that zone, you are not informed of your Miranda Rights because, frankly, the agents don't have to. Yet anything you say to them can be used in a court of law to convict you. Innocent, even completely ''inconsequential'', misstatements can result in serious criminal penalties for providing “false reports” to law enforcement. <ref> Immigrants Deserve Basic Miranda-Like Warnings When Arrested - http://immigrationimpact.com/2013/02/28/immigrants-deserve-basic-miranda-like-warnings-when-arrested</ref> | ||
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Revision as of 16:26, 29 June 2014
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