Category Archives: Privacy

“A Battle for the Soul of this Nation”

Posted on by
Reply

That’s what Progressive-Democratic Party Presidential candidate and Hamlet’s poor relation Joe Biden, said we’re in as he opened his campaign.

We are in the battle for the soul of this nation[.] If we give Donald Trump eight years in the White House, he will forever and fundamentally alter….

Indeed, we are in a battle for our nation’s soul. It’s a battle between one party that actively tries to improve the situations of our nation’s citizens—whether we agree with those policies or not—and a party that has no aim for our people’s benefit, but is focused solely on anti-Trumpism.

It’s a battle between a party on the one hand that wants to get Government out of our way, to unleash our individuality and individual entrepreneurial spirit, to restore to us our individual responsibilities and freedoms, and a Party on the other hand that wants to take things away from us: our money in the form of higher taxes; our weapons, under the guise of carefully undefined “common sense”…restrictions; our freedom of speech under the cynically offered guise of suppressing “hate” speech or “terrorism fomenting;” our freedom of religion under the just as cynically offered guise of “protecting” others from discrimination (but not the ones asserting their religious tenets); our morality by growing Government to arrogate that morality to it, thereby destroying it in both places; our individualism by mandating what all of us collectively must do because Party says it benefits some of us—even where it plainly does not—and on and on.

It’s a battle between a party that wants to shrink government and Party, which wants to grow a Government run by Party members who Know Better than the rest of us.

It’s a battle between a party that wants government to work for all of us and Party, which has open contempt for millions of us and insists that us ignoramuses must simply be quiet and obey.

What will be altered—an outcome devoutly to be wished—is what this nation has become under the last 80 years of pressures and outright rule of the Democratic Party and of late the Progressive-Democratic Party: a rapidly growing regulatory state with weakened national security, and a nation damaged domestically by Party’s explosively growing national debt, its racist and sexist affirmative action programs, its gilded welfare cage, and lately its revived segregationist policy of identity politics.

There have been excursions from that trend, to be sure, but they have been only occasional and brief: one party’s successful effort to defeat the Soviet Union via its rapid defense buildup and its current, nascent restart toward rebuilding our nation’s defense establishment, together with the beginnings of a rollback of Party’s imposed regulations governing what Party would permit or require each of us to do.

This is a battle we cannot afford to lose.

Banning Violence and Extremism from Social Media

Posted on by
Reply

That’s what France and New Zealand want to do and want others to join them in doing, all in response to the terrorist murders in New Zealand.  The two intend to host a conference involving G-7 members’ IT chiefs and a separate “technology summit” aimed at getting commitments

to end the use of social media to organize and promote terrorism and extremist violence.

But whose definition of violence? Whose definition of extremism? We’re already seeing, in our nation, the Progressive-Democratic Party and their violence-oriented arms, Antifa and BLM, and their university management team associates, defining conservative speech as triggering, dangerous to mental health, violent.

This is a very slippery slope, onto which the first step may well be fatal.

Privacy in a Technological World

Posted on by
Reply

In a ruling rejecting an application for a search warrant, Magistrate Judge Kandis Westmore, operating in the Northern District of California, had this remark in particular.

Citizens do not contemplate waiving their civil rights when using new technology, and the Supreme Court has concluded that, to find otherwise, would leave individuals “at the mercy of advancing technology.”

Encouragingly, this remark also cited (via the quote in the remark above) a Supreme Court ruling, Carpenter v United States [citations omitted]:

We have kept this attention to Founding-era under-standings in mind when applying the Fourth Amendment to innovations in surveillance tools.  As technology has enhanced the Government’s capacity to encroach upon areas normally guarded from inquisitive eyes, this Court has sought to “assure[ ] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.” For that reason, we rejected in Kyllo a “mechanical interpretation” of the Fourth Amendment and held that use of a thermal imager to detect heat radiating from the side of the defendant’s home was a search. Because any other conclusion would leave homeowners “at the mercy of advancing technology,” we determined that the Government—absent a warrant—could not capitalize on such new sense-enhancing technology to explore what was happening within the home.

The Founders wrote our Constitution to be technology agnostic, and in fact there is no mention of technology qua technology in it.

Westmore’s ruling can be read here. Carpenter can be read here (it’s long).

A Magistrate Judge Gets One Right

Posted on by
1

Of course, the Magistrate Judge Kandis Westmore’s ruling can be overturned on appeal by a District judge in the Northern District of California in which she operates, or on appeal on the ruling’s way up the appellate chain.  Nevertheless, her ruling stands, for now.

In its essence Westmore ruled that, even with an otherwise valid search warrant, a person cannot be compelled to unlock a digital device like a cell phone with that person’s biometrics—a fingerprint, a face, or an iris, for example.

There was a technicality that itself would have invalidated the warrant: it was overbroad.  It requested authority to unlock and search any device found inside the otherwise legally searched premises, including those owned or controlled by anyone happening to be present at the time of the search, and Westmore found that request to be neither limited to a particular person nor a particular device as the 4th Amendment requires.  That’s a 4th Amendment failure of the warrant.

The larger principle, though, flows from a 5th Amendment bar against forced self-incrimination violation. Westmore ruled that biometrics, when used in the context of a search—vis., to unlock a personal digital device—is no different from a personal passcode, and personal passcodes have already been ruled inaccessible to the government, even with a search warrant.  That would be forced testimony against oneself.  The owner of the device must voluntarily give up the passcode, and he cannot be “compelled” to volunteer [citations omitted].

The Court finds that utilizing a biometric feature to unlock an electronic device is not akin to submitting to fingerprinting or a DNA swab, because it differs in two fundamental ways. …the Government concedes that a finger, thumb, or other biometric feature may be used to unlock a device in lieu of a passcode. In this context, biometric features serve the same purpose of a passcode, which is to secure the owner’s content, pragmatically rendering them functionally equivalent.
…
It follows…that if a person cannot be compelled to provide a passcode because it is a testimonial communication, a person cannot be compelled to provide one’s finger, thumb, iris, face, or other biometric feature to unlock that same device.

And especially this, as I’ve argued elsewhere.

That the Government may never be able to access the complete contents of a digital device, does not affect the analysis.

Government convenience must never be allowed to override the individual liberty of an American.

In the end,

The Government may not compel or otherwise utilize fingers, thumbs, facial recognition, optical/iris, or any other biometric feature to unlock electronic devices.

It matters when, and why, biometrics are used.  The outcome here, should it survive appeal, is a stout blow in favor of individual privacy and a firm limit on Government’s authority to invade an American’s person[], houses, papers, and effects.

The magistrate judge’s ruling can be read here.

Italy and the EU

Posted on by
Reply

Recall Italy’s proposed budget, which defied Brussels by having a larger deficit relative to its GDP than EU budget rules allow.  I decried that budget then, and I stand by that disdain.

Now, however,

Italian Economy Minister Giovanni Tria has told the European Commission that Italy will raise its deficit to 2.4% of gross domestic product (GDP), defying eurozone budget rules. In a letter sent to Brussels in response to a formal warning from the EU.

Brussels continues to not like the budget.

[T]he EU’s European Economic Affairs Commissioner, Pierre Moscovici, reminded Italy that its structural deficit was “way too high.” He told the France Inter radio station that he did not want a “crisis with Italy” over its planned deficit-raising budget and still hoped for “constructive dialogue.”

The Italian people, though, favor the budget by a nearly 3:2 margin; this is quite a strong consensus as such things go in Italy.  From that, I say that the Italian government should stay the course, my concerns about the budget itself notwithstanding.  This is a question of national sovereignty vs the requirements of an international body.

The budget violates EU rules?  Yep.  Maybe Italy should start giving consideration to leaving the European Union.