Posted on 07/11/2018 2:59:37 PM PDT by TBP
The Fourth Amendment broadly guarantees that Americans should be free from government intrusion in their homes and private lives and that infringements on these rights must come with the justification of a warrant or probable cause. These guarantees and protections form the basis of property protections and a right to privacy both of which are fundamental to individual liberty.
In 2015, Kavanaugh went out of his way to minimize these protections. During his tenure on the U.S. Court of Appeals for the D.C. Circuit, he issued a separate concurrence in the denial of a rehearing en banc in Klayman v. Obama. That case dealt with the constitutionality of the National Security Agency’s collection of telephone metadata of all Americans. In telecommunications, metadata is the information on the length and time of calls and their origins and destinations which includes a sweeping amount of data and can offer broad details of the private lives of Americans. In his statement, Kavanaugh sided with the government writing, “In my view, the government’s metadata collection program is entirely consistent with the Fourth Amendment.”
It's called dicta. Dicta by a SC justice invites appellants to address those issues on future appeals. But, they are SC justices, which is different from an appellate court judge on an issue that he has already addressed.
Buying guns, ammo and/or firearms accessories with a credit card can put you on a list. Joining 2nd A. defense orgs can put you on a list. Taking a firearms course to get a CCP can get you on a list. Joining a gun club can get you on a list.
I’m not going to live in fear of being put on another list or “innocuous things coming up” ie “things that don’t pass the probable cause smell test.”
Being a member of FR will get you on a list.
I am not opposing confirmation. Just concerned about the deep state, as I would be for most nominees.
Some things you can’t help.
Some things you can.
This is a hit piece designed to turn those on the right against Kavanaugh. Assuming this is worst they have, it’s like a sneeze compared to a sonic boom.
No conversations were collected. Zip, “0”, nadda
If you worry about government and even nongovernment surveillance then you are condemned to a life of worry. It does not matter how many laws are passed against it. It is cheap and what can be done technolically will be done, regardless of the laws. Laws against it simply add steps to the use of the collected information in court.
Ahem, it is not YOUR data. It is the carrier’s data. If the carrier wants to “give it up” without a warrant, that is there prerogative. Keep that in mind when you select your provider.
It’s not about posting data. It’s about collecting the records of every phone call, what number called what number, and when. But the principle can also be applied to the content of emails. The reasoning was by using a third party to transmit anything you give up your right to privacy. I don’t agree, but it shouldn’t be enough to vote against him.
That’s the logic, but it’s like saying if you mail a letter it belongs to the post office, so the government has the right to read it.
Yup. That's why you aren't hearing a lot of gnashing of teeth from deep state. This is the most troubling information I've found about this guy.
If you'd like to read his concurrence for yourself, press here
We recently dodged a bullet when the supreme court ruled that the government does need a warrant to get a complete record of location data for a subject. This was no thanks to the "conservatives" on the court who always seem to give the benefit of the doubt to the all powerful police state, and never think about the long term consequences of their decisions. I was deeply disappointed in Thomas, who is otherwise my favorite justice on the court today.
Metadata is collected daily by the phone companies. All of us have signed their agreements to terms.
The issue is content collection, not metadata collection.
Exactly. Dissents and concurrences tell you a lot more about a judge's political philosophy than opinions do. Opinions tend to be at least partially crafted as objects of consensus, and often don't go as far as the author would perhaps like for it to.
No. If we follow the letter or package analogy, lets say you are sending a box through a private firm (UPS Store). The UPS Store has to know:
- where the package came from, (shipping address)
- who paid for it (account information)
- where the package is going (delivery address)
- delivery restrictions
All of that information is not YOURS. That information belongs to the UPS Store. If they want to give up that information to LEO without a warrant, that is their choice - not yours.
Actually, I’m not concerned. There is so much data out there that there aren’t enough people to view it, let alone do anything with it. Besides, as P.J. O’Rourke said, even if the government had a camera in every room in your house, at least half of them wouldn’t work.
Being a former IT admin, I know enough to know that anyone with a little knowledge can eves drop on anything electronic. This is nothing new. The government as been doing this for decades, even before the commercial Internet. AT&Ts network was basically a giant “telephone bug” where the government can monitor anything, anywhere, anytime since the 1960’s.
It was one of the reasons why AT&T had a monopoly in the first place given to them by the government. AT&T has over 900 massive data centers across the United States, and thousands of smaller ones. Everything you or I do, crosses that network, even if you don’t have AT&T for anything. We are all “customers” so to speak.
I think my analogy is better. Yours if a physical object so UPS has a need to know if it could be hazardous. I suppose a virus could be in an email, so they have a right to make sure it doesn’t contain any, but you should still have a reasonable expectation of privacy about the content. New tech presents new problems, but the principle should be the same. And whether the ISP can give your content to a third party is yet another issue. But I thought what he wrote about was NSA metadata collection, which isn’t given by the ISP, just scooped up directly by the government.
Like I said though it’s not enough not to confirm. It’s one issue, and there will be other good justices to help him see the light on this, IMHO.
What does it say about when we are NOT at home and out in PUBLIC?
Dear Vincent,
I am feeling pretty bad because it looks like I won't be able to plant my tomato garden this year. I'm just getting too old to be digging up a garden plot. If only you were here my troubles would be over. I know you would dig the plot for me.
Love Dad
A few days later he received a letter from his son:
Dear Dad,
Not for nothing, but don't dig up that garden. That's where I buried the BODIES.
Love Vinnie
At 4 a.m. the next morning, FBI agents and local police arrived at the old man's house and dug up the entire area. However, they didn't find any bodies, so they apologized to the old man and left.
That same day the old man received another letter from his son.
Dear Dad,
Go ahead and plant the tomatoes now. That's the best I could do under the circumstances.
Love Vinnie
An old Italian man lived alone in the country. It was Spring and he wanted to dig his tomato garden, as he had done every year, but it was very hard work for the aging man as the ground was hard. His only son, Vincent, who used to help him, was currently in prison. The old man wrote a letter to his son and described his predicament:
Dear Vincent,
I am feeling pretty bad because it looks like I won't be able to plant my tomato garden this year. I'm just getting too old to be digging up a garden plot. If only you were here my troubles would be over. I know you would dig the plot for me.
Love Dad
A few days later he received a letter from his son:
Dear Dad,
Not for nothing, but don't dig up that garden. That's where I buried the BODIES.
Love Vinnie
At 4 a.m. the next morning, FBI agents and local police arrived at the old man's house and dug up the entire area. However, they didn't find any bodies, so they apologized to the old man and left.
That same day the old man received another letter from his son.
Dear Dad,
Go ahead and plant the tomatoes now. That's the best I could do under the circumstances.
Love Vinnie
Why worry about guns when they've defined down a 'bomb' to mean high pressure CO2 in a plastic bottle.
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