Thursday, February 12, 2015

Where is your Constitution NOW!

A lot of people talk about how great it is to have Constitutional Protections in the United States, but there are constant examples of Constitutional Rights being violated with impunity, and there is basically nothing that any individual citizen can do about it.
Now there is a question as to what sort of communications are public, and what sort are private, and the nature of the Internet rather muddies that distinction, but for review, the Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Given the connectivity that modern technology grants us, and the way our communications are entrusted to third parties, the question then becomes whether there is a violation when the government accesses communications between parties when there is no warrant.  A purely physical example of such a potential violation would be for the government to intercept mail at a post office and read it without an express warrant to do so.

"But wait!" you exclaim.  "Tampering with U.S. mail is by statute a Federal Crime as per U.S. Code Title 18 Part I Chapter 83, Section 1703."

To which I reply, "Wow you know your Federal Statutes, or your Web-Fu is pretty decent.  But, who investigates and prosecutes such violations?"

"Well, the Department of Justice does..." you reply, already seeing where this is leading.

"And if the Department of Justice is the one that is reading the mail, who investigates and prosecutes?"

Exactly!  So, let's pretend that you as are someone that suspects that this is happening because some intrepid reporters managed to uncover a local government mail tampering scheme in your town.  The reporters had managed to sneak into the adjunct facility at the mail processing center, and identified the machines that were being used to scan the mail, and even gotten some documentation from the Justice Department detailing the operation.  Well, you can try and investigate, but you have pretty limited ability to do so.  It's not like you can get a warrant and storm into their offices and take their stuff, but you can file a civil suit.  That means you get to spend a fair amount of time and effort filing the suit, but the problem is that since you have only a limited amount of evidence regarding the crime against you/your community.  At that stage you get to have a judge review your case.  And at this point you can have your civil suit thrown out for "Lack of Standing," because you don't have "sufficient evidence" that you (the plaintiff) have suffered some sort of "injury," and/or a dismissal based on the possible disclosure of "State Secrets."  So, if the State wants to keep its unconstitutional activities secret, you can't use the court system for redress...

http://news.yahoo.com/judge-rules-nsa-warrantless-search-case-221514259.html


So, if you believe the Constitution protects your rights even from the Government, WHERE IS YOUR CONSTITUTION NOW?

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