Archive for the Civil Rights/Civil Liberties Category

Less Government Regulation Series: Google (Nov. 30, 2009)

Posted in Antitrust, Civil Rights/Civil Liberties, Google, Internet, Less Government Regulation Series, Privacy, Society, Technology on November 30, 2009 by e-commentary.org

“Nine years ago, you purchased the book ‘Privacy Issues Today.’  Another critically-acclaimed work purchased by others who purchased this book is available for only $29.95.  Just click below and we will bill the credit card on file.”

A courtesy or a curse?  This solicitation may not be from Google, yet the same problem with privacy is lurking.  You can drive to the store, purchase a pickle, pay with cash and leave only your image on the closed circuit cameras in the store and perhaps in the parking lot.  If you pay with a credit card and/or provide a customer identification number, there is an electronic fingerprint.  However, those records typically are static and rarely mined for information.

In response to a typical search request, you might be informed:

“Did you mean: (one of our advertisers)”  (Note:  Not all of the top responses are advertisers.)

A person today cannot not use Google.  Google cannot not make a record of the search history.  Google is collecting far more information than any public or private entity should be allowed to collect, retain, sell and inevitably manipulate.  The computer motherboard has become the new Big Brother.

Possible copyright violations by Google can be and are being challenged publicly.  By contrast, invasions of privacy are usually done privately and are far more elusive to detect and remedy.

In economics, a “natural monopoly” occurs when, because of the economies of scale of a particular industry, the maximum efficiency of production and distribution is realized through a single supplier.  In some cases inefficiency may occur.  The electric utility is a prototypical “natural monopoly.”  The usual market does not support two entities providing electricity in one market.  Thus one entity is allowed to operate a monopoly subject to government regulation.  Google has emerged as a natural monopoly.  Or perhaps a traditional monopoly.

Government regulation should be eschewed, they say.  They are correct.  Government regulation on a good day is often bad.  It is time for a serious debate on the need to regulate Google.

Before it is too late.  Although it may be too late.

Bumper sticker of the week:

In mathematical terms, a google is 100000000000000000000000000000000000000000000000000000000

0000000000000000000000000000000000000000000;

In privacy terms, a Google is 1984.

Vet’s Day; Slavery And Due Process (November 12, 2007)

Posted in Civil Rights/Civil Liberties, Due Process, Law, Military, Philosophy, Society on November 12, 2007 by e-commentary.org

Men naturally seek to enslave other men.  Men do not naturally seek to provide other men with “due process.”  Due process requires 1) notice of a proceeding impacting a person’s life, liberty or property, and 2) an opportunity to be heard in good faith by a neutral decision maker applying known and settled rules.  “Due process” also suggests the “rule or law” or even “fundamental fairness.”  However, it is easier for a hippopotamus to ride a unicycle than it is for a man to give another man something as unnatural as the process he is due.

Governments are instituted among men (and women), among other reasons, to disincline them from doing what is natural (enslave others) and to incline them to do what is unnatural (respect due process).  The growing pains of the Republic were painful; the Founders did more to promote slavery than to enshrine due process.  Yet they made a path-breaking start in the promising direction. Democracy is not easy.  Democracy emerges slowly.  The country grew.

Protecting against our worst impulses and advancing our noble ones requires a sword and a plow share.  These efforts are undertaken under different names, banners and gonfalons.  One of them reads “Duty, Honor and Country” and another “Semper Fi,” among others.  Many Americans have died protecting what many do not understand and too many take for granted.

Bumper stickers of the week:

All gave some, some gave all

Not to promote war, but to preserve peace

Gun Control, NRA Style (January 9, 2006)

Posted in Civil Rights/Civil Liberties, Guns, Law, Politics, USA PATRIOT Act on January 9, 2006 by e-commentary.org

Some agency could easily download the membership list of the NRA, legally or illegally, although there seems to be no difference today.  The technology exists; the USA PATRIOT Act provides a pretext if one is needed.  Then the agency could break into the homes of all NRA members and confiscate their weapons.  There may not be a Fourth Amendment limitation because the Fourth Amendment may soon be deleted from the Constitution.  Probable cause has been shown because the members of the NRA probably caused themselves to own guns.  And probable cause may not even be required in the near future.  The agency may be prying many cold, dead fingers off many guns.  “I really wasn’t using my civil liberties anyway.”

Ohio – Not Forgettin’ Ohio; The Battleground State Battles On (May 2, 2005)

Posted in Bush, Civil Rights/Civil Liberties, Constitution, Crime/Punishment, First Amendment, Military, Politics, Society on May 2, 2005 by e-commentary.org

[May 4 is the 35th anniversary of the incident at Kent State]

The battleground in Ohio in the Fall of 2004 could become another battleground in the Fall of 2006 or the Spring of 2007.  America engaged in one of its periodic civil wars when the Ohio National Guard attacked kids who disagreed with America’s actions in the earlier Iraq.  Crosby, Stills, Nash and Young (not a law firm) chronicled the activities in the eponymous essay entitled “Ohio.”  “Got to get down to it, soldiers are gunning us down.”

The state revealed its character in the last election.  Democracy flourishes in places like the Ukraine because the people demand it.  The Republicans own Ohio and would not allow democracy to flourish there.  With some commendable exceptions, Ohioans did not demand democracy.  Not a good start.  A cradle of democracy is a better starting place than a graveyard.

The Guard was always a hybrid group of militia that could both “provide for the common defense” and “promote the general welfare.”  They were the backup local police and EMTs and weekend warriors who could spell the regular military for a few weeks or months at the front.  They have been swept up in a Back Door Draft (BD) with “stop gap” orders in support of an illegal war.  Bush has eviscerated the very haven he sought to avoid active military service to his country.  Few will go into the Guard in the future except as a last desperate resort.  When there is a need for Guardsmen to help after a hurricane in Florida, a tornado in Oklahoma, a wild fire in Montana, or an earthquake in Alaska, there may be no one there to assist.  And there will be no one there to assist in a generation. 

When the kids get conscripted in the Bush Front Door Draft (FD) to support the Second Crusades, will they resist?  Will the few remaining members of the Guard shoot them or lay down their arms?  Will this new generation of returning Guardsmen be willing to shoot American kids who don’t want to be departing Guardsmen?  Time, they say, will tell.  Forgettin’ Ohio?  “How can you run when you know.” 

USA PATRIOT ACT (April 4, 2005)

Posted in Bush, Civil Rights/Civil Liberties, Law, PATRIOT Act, USA PATRIOT Act on April 4, 2005 by e-commentary.org

USA PATRIOT ACT – Undermining and Subverting America by Perverting All Time-honored Rules To Interrupt and Overcome Tyranny

What more needs to be said?