Archive for the ‘SB 1070’ Category

BTC- It’s looking like national identity and RFID have coupled up again finding another place to burrow into the German population.  It brings me sadness to see a nation who has overcome so much, coming so far from their past of fostering some of the most oppressive, fascist societies in Europe’s modern world history only to watch history repeat itself.  Germany’s RFID embedded ID cards will be available by November 1st, 2010.

After the fall of the Berlin wall in 1989, the people of East Germany began to recover from a psychologically and economically oppressive government.  Prior to this, both the Nazi SS and Stasi East German policies made demands for citizenship papers at every turn of citizens and travellers. It is one the most obvious symptoms a facist society in full swing.  It was tragic to find that these policies were invited by the DHS in an effort to control our open and liberty-oriented society by creating an identity mandate for Americans.  We foolishly believed we could never be “like Germany”.

Americans  engaged in the struggle for personal liberty are fighting successive attempts by DHS machinery to reinvent a plan for national identity.  However, it is important to understand how to retain and express empathy and compassion for all nations who are struggling with the very mandates which trouble us.   One time tested venue for expressing company in misery is through music.

Talib Kweli, musician and intellectual, connected with the arbitrary demand for citizenship papers and the potential for racial profiling in the State of Arizona, over SB1070 in his song Paper’s, Please!

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BTC –  While racial profiling potentials dominate media coverage of Arizona’s new law, SB 1070, the privacy concerns of those profiled have been overshadowed.  Tempe Ariz. resident, David Huerta, a privacy code engineer for Haystackproject.org, expressed concerns about massive transfer of citizen data and how the handling of his private information could be insecure.   Huerta is also a speaker this week at the Computing, Freedom and Privacy Conference in San Jose, Calif.

Unfortunately for Huerta, and other hispanics, Arizona’s law enforcement will not be trained on any additional privacy handling practices specific to SB 1070, according to Executive Director, Lyle Mann, for Arizona Peace Officer Standards and Training Board. No privacy impact assessments were conveyed to AZPOST, the agency who develops training for Arizona’s law enforcement practices.   Agencies responsible for policies to implement to the new law are the Arizona’s Sherriff’s Departments, the Arizona Department of Public Safety and any agency who may recruited as First Responders.

Law enforcement training to implement SB 1070 is expected to commence soon according to DPS Seargant,  Kevin Wood.   Privacy impact assessments for the new law were unkown or unavailable to Seargant Wood. Officers may be responsible for enforcing the law as soon as July, 29th 2010.

BTC – “Tenther” Michael Boldin and anti-Real ID State representative Paul Oppsommer analyze Arizona’s controversial new law.

“It is important for me to say that at this date I have only skimmed various versions of Arizona SB-1070, the person who is going to be introducing it here in Michigan has not finished getting it drafted yet. But it’s my impression that early versions of the AZ bill wanted to prohibit state agencies or local governments from taking up internal bureaucratic policies that might circumvent the transferring of information on illegal immigrants to ICE. But there was then some concern that based on wording the feds could flip it the other way, and use the law to say that the State DMVs would then be handcuffed into going along with whatever REAL ID might ultimately call for regarding the sharing of information on legal citizens, or having to adopt RFID chips or other international standards. But I don’t think they want to share the data of their legal citizens in some haphazard way, and I believe they have addressed that to some degree. “ 

-Rep. Oppsommer (R-DeWitt, MI)

c/o Tenth Amendment Center

BTC – Janet Napolitano, former Governor of Arizona, has called the SB 1070 bill “bad for law enforcement”.  She now waits on the DOJ to vett the controversial new law for Constitutional compliance.

Many are outraged and exasperated over the current status of federal immigration.  However, some are yelling, “State’s rights!”  To help address the fine lines to balancing the 4th Amendment with the 10th Amendment is analyst, Rob Natelson, Constitutional Law professor for the 10th Amendment Center.

10th Amendment Center examines SB 1070 for Constitutional integrity

THIS WEEK ON WAKING UP ORWELL
PODCAST: Inside Edition with AZ Republic’s, JJ Hensley

DIY GOVERNMENT: Help Nevada fight for their rights for a free identity.
http://www.aclunv.org/category/issue/privacy/realid-redux

In this weeks news: Gizmodo’s controversial status, their many legal assists and details on “iPhonegate”, pay-to-say in Wisconsin, Red-light scameras fold and how to deal with Facebook and the EPIC amount of privacy violations due to Instant Personalization.

This week we are joined by Public Safety reporter JJ Hensley. We covered detention of US citizens since the passage of SB 1070, the now infamous Arizona law requiring citizens to show their “papers” to law enforcement on demand.

Arizona now becomes the U.S. cultural experiment for police state practices.  While due process attempts to self-manage are scorned by the Obama Administration, it does not mean Washington will deliver a better standard by moral comparison.

In a cruel twist of irony, Arizona opted out of Real ID by way of SB 1070

A BTC Exclusive

Today is a very treacherous time for the identified person in America. The identified person navigates a world which seems to take advantage of our preoccupation with basic survival. It takes an impossibly sharp individual or someone who has a uniquely comprehensive vantage point to catch all of the lines being tossed over the American giant by a ubiquitous 1%. The little cowards of Lilliput on Wall Street have somehow put bits in the mouths of the Congressional oxen and the rest is political theater. They coerce and dangle this carrot and that carrot: Immigration or Climate reform, now or later. As if it depends completely on them to do anything at all.

We look at Arizona as a bad example. For many painful years Arizona tried its best, waiting on Godot, for federal lawmakers to deal with Immigration. Meanwhile, death and deprivations prevailed in the name of business as usual. Criminal migration translated daily to modern indentured servitude, human slavery and black market trafficking. Arizonans lost patience with federal can-kicking. They were overburdened with the pains of economic and cultural imbalances. The answers were elusive over whether or not to seal the border with the National Guard currently deployed to Iraq. Washington, and it’s two-team football politics, could not be trusted any longer to address desperate, everyday needs of Arizona’s citizens and its migrants. Arizona took matters into their own hands.

Arizona has seemingly opted out of recognizing citizens rights over their new immigration law. The unfortunate truth is the practice of questioning citizenship, screening travellers and those in businesses has been in practice for years in ICE’s LEAR program. SB 1070 is simply redundant to many local law enforcement agencies. The Arizona Sheriffs Association opposed SB 1070 because local complaintants may file lawsuits against local police departments with claims federal immigration laws are not being enforced. Protections were factored in the bill late for vindictive and frivolous lawsuits.

Laws like SB 1070 alter the role of the federal immigration enforcement officer on the ground. The range of their job description is swiftly changing due to programs like Secure Communities and E-Verify. These multiplying laws, policies and programs sustain a chorus of practices to randomly demand citizenship and identity for anyone police may approach in the line of duty.

A strange irony is that an amendment to reject national ID policies was written into SB 1070 before its passage through the Arizona Senate.

The calculations of this desperate State failed reason as they reached for a bill creating a dragnet for all citizens. Regardless of the desperation felt, no State has the right to overreach the basic rights of the American citizen. SB 1070 is a miserable excuse for economic and social justice to the residents and citizens of Arizona. It is now prime for the misfortune of American travellers to be ensnared in this dragnet. There was a moderate path. There was a Constitutional path. It was just not the path the State of Arizona chose for those present within its borders.

Arizona now becomes the U.S. cultural experiment for police state practices.  While due process attempts to self-manage are scorned by the Obama Administration, it does not mean Washington will deliver a better standard by moral comparison. The football field length differences between saying and doing in Washington strike fear into those who want careful attention paid to a horrifically complicated issue. Immigration taken up now is risky business. If Comprehensive Immigration Reform (CIR) becomes a botched political science experiment it could blow apart the nation. There are recognizable merits to the proposed CIR legislation. The mandate for a biometric ID card as a condition to work in America is not one of those merits.

Real ID/PASS ID regulations were beaten back by 25 States, including Arizona, who refused a national identity mandate. It is clear the 111th Congress is not hearing America: no national ID. Whether it’s Arizona or Washington, an arbitrary ask for citizenship papers still violates the 4th Amendment and abuses identity.

IMMIGRATION, POPULATION AND ENUMERATION

Working Americans are taxed to finance government shops and operations.  Reasonably enough, we should become acquainted with the constituency who wants to mandate a National ID card for use at every transaction in civil society.  Not just one card, but several national ID card programs. What is their compelling argument to justify a “stop and frisk” for every American? Why should we annul our 4th Amendment rights as Americans for this minority? First, we get the words of our government’s corporate sponsors.

In a militarized society, identity may be a life and death matter. However, there is no such justification in peace-time for national identity. Unfortunately, the exceptionalism of the Bush-Cheney years continues to push National Security as Homeland Security. If a legislation like the federal budget or a bill thick with security technology mandates doesn’t pass for appropriations, public-private contractors lose their place in Washington’s entitlement line. In order for the purchase orders to continue rolling out, there must be an imminent threat to the security of the Continental U.S. Next, no bid contractor-cronies, like Xe and the Chertoff Firm, fulfill orders to provide one-sided service to the American taxpayers. Somehow purging “border-invaders” from our midst was found convenient enough for special interests to sell a more safe and secure nation to Conservative America and to justify an appropriations push in D.C.

A few lobbies supplanting anti-immigrant policy closely associated with the Conservative Right are the Center for Immigration Studies (CIS), Numbers U.S.A and FAIR. All three organizations are treated as one of the gang during CPAC conventions. What most Conservatives don’t know is that all three have also been funded, in part or entirely, by global green depopulists (malthusians), John Tanton and the Pioneer Fund. These funders are directly linked to the White Supremacy movement and modern eugenics. The same constituency calls for depopulation of two-thirds of the world’s humanity. Groups like Californians for Population Stabilization claim immigrants are responsible for overpopulating North America. They advocate very tough criminal penalties for being present in America without legal immigration status, exemplified by Arizona’s SB 1070. The United Nation’s Agenda 21 is another example of globalized work groups attempting to legislate who migrates and reproduces in the North American continent in context of ecological conservation.

The very same propeller heads [CIS, FAIR and Numbers U.S.A.] lobby every variety of National ID: TWIC, E-Verify, Real ID/PASS ID, and the proposed biometric worker card mandate in CIR. Senators Lindsey Graham and Chuck Schumer seem to refuse the prospect of decoupling immigration reform from a National ID card. If we look at recent world history, the national ID card was a very effective tool for population control in fascist Europe during war time and civil unrest. ID cards and arbitrary demand for “papers” start the criminalization of the identified person based on systemic categorization. Enumerated categorization of races and ethnicities are an effective tactic in singling out individuals for genocide. The 2010 Census seems like a much different prospect in light of who is trying to systemically “thin the herds” of North America’s human populaces.

WARDS OF THE STATE

Washington’s current direction for national identity is at odds with civil libertarians holding ground over their 4th Amendment. National identification, such as the social security number, is abused daily for commercial purposes. So much so, the individual becomes confused, careless and sometimes even defeated in evaluating which information is actually private. Maintaining privacy and personal boundaries is a constant battle for the identified American.

Examples of persons currently at the mercy of government agencies to manage their citizenship articles are wards of the state: foster care recipients, residents of State hospitals, prisoners, and some military personnel. A fully functional adult who is required to ask the State whether or not they can buy groceries, go to the doctor, operate a vehicle or open a bank account temporarily experiences what it might be like to be a ward of the State. In this situation, complicity is a currency for resources required to survive. Mandates for State recognized identity create a loophole some will abuse by failing to recognize an individual’s basic humanity.  In an increasingly dystopian society, inadequately identified human beings become disposable assets to the State. That’s a pretty hefty penalty for those labeled incorrectly.

The most basic of human rights are access to food, clean water, clothing, shelter and a way to earn a living or means to procure these things in order to survive. Ratcheting up the bar, American citizens  wake up every day with the right to be secure in their personal effects, their papers and their property. We are protected by the 4th Amendment.

The State of Arizona enacts SB 1070 law in August. The policy for citizens will be the same then as it has been for years. Police question travellers at Arizona checkpoints and ask “Sir/Ma’am, are you a citizen?”

If the answer is “Yes” that’s where Arizona stops and American rights start.




c/o Washington Independent

No one is going to be excited by a proposal that involves “finger printing the entire U.S. working population,” said [ACLU counsel, Chris] Calabrese at a Cato Institute Capitol Hill briefing today. The proposed regulations are “costly, they’re ineffective, they’re bureaucratic. They’ll start with immigrants, but they’re a tool for social control.”

What Calabrese is referring to is a proposal for a national biometric ID card, laid out by Sens. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) in a Washington Post op-ed in mid-March as part of the comprehensive immigration reform bill they’re drafting. The two senators essentially plan on requiring “all U.S. citizens and legal immigrants who want jobs to obtain a high-tech, fraud-proof Social Security card,” they wrote.

But according to Calabrese and [Jim] Harper [Cato Instititute], the nationally uniform ID would create a long list of problems — and it wouldn’t help solve the problem of illegal immigration.

Perhaps the most significant issue Calabrese addressed is that the problem targeted by the proposal won’t be affected at all. The card would require all U.S. citizens and permanent residents to get a card, but illegal immigrants who already ignore current laws can still just ignore the national ID. “You’re saying, ‘Let’s pass a law to target people who are already ignoring the existing law,’” Calabrese said. Employers could still hire people who do not have a card or have a falsified card, or they could simply pay their workers under the table.

This isn’t just an immigration issue, Harper noted. “We’re talking about native-born Americans” who would be affected by this.

Harper and Calabrese addressed some of the issues with the national ID:

  • Anyone could still present false documents, either by creating a manufactured identity or stealing an identity, to obtain a national ID.
  • The actual ID could also be illegally reproduced.
  • Biometrics are untested. There is no good standard for biometrics. Harper pointed out that, for example, some people who work in manual labor don’t have easily distinguishable fingerprints.
  • The ID system could cost at least $100 billion, based on cost figures for a similar identification program, “the Real ID,” a voluntary state-issued national ID program implemented in 2005.
  •  The system would create privacy issues, including a possible government database of information that could be easily corrupted.
  • It eliminates the choice of documents someone can use when applying for a job or for government benefits.
  • A nationwide system could create long delays for correcting errors.
  • It could encourage discrimination in the workforce, because employers might not want to deal with longer delays for immigrants (legal residents or naturalized citizens) who have more documents that need to be added into the system.

“These problems have never been addressed,” said Calabrese, “and the problems are going to fall on the backs of workers.” He said it would invert the relationship between citizens and the state and it would mean certain rights are conditional upon approval by the government. A national ID would be “sort of like the note you needed to get to go to the bathroom in school.” Calabrese said the Arizona immigration bill is a step in that direction. [SB 1070 was signed by Governor Brewer today].

The ACLU and more than 40 other organizations have publicly opposed the national ID proposal within Schumer and Graham’s immigration reform plan. But the entire proposal is still cloudy — the Post op-ed is the only concrete “plan” the senators have so far, and until the bill is actually introduced, no one really knows what to expect. It’s also unclear whether a national ID could face opposition from right-leaning anti-immigration groups.