No Warrant, No Problem; How Government Buys Its Way Around the 4th Amendment

When the Supreme Court ruled in 2018 that law enforcement agencies need warrants before they can request geolocation data from cell phone companies, civil liberties advocates touted the judgment as a major win for privacy.

But since then, government agencies have devised a new surveillance method: instead of getting warrants to force companies to provide data, they simply purchase the information from brokers. Call it entrepreneurial innovation in the market for tyranny.

The scope of this activity has been slowly revealed over the last year, beginning with a February 2020 Wall Street Journal article, which reported that the Department of Homeland Security (DHS) has “bought access to a commercial database that maps the movements of millions of cellphones in American and is using it for immigration and border enforcement.” Later reports revealed that Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) purchase similar data.

Had the world not essentially collapsed about a month later, this might have been big news. Alas, government’s data purchases have gone largely unpublicized in the midst of pandemics, riots, elections, and so on.

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“Spot’s Rampage” Event Awakens Us With Reality Of Dystopian World Ahead

To summarize the company’s manifesto. It said: “See Spot KILL!! Spot is an empathy-building tool, because: Cute and approachable!” 

Here’s the manifesto: 

See Spot Run. It tops out at a blistering 3mph.

See Spot Roll Over. Spot is an empathy missile, shaped like man’s best friend and targeted straight at our fight or flight instinct. When killer robots come to America they will be wrapped in fur, carrying a ball. Spot is Rob Rhinehart’s ideal pet: it never shits.

Good Boy, Spot! Everyone in this world takes one look at cute little Spot and knows: this thing will definitely be used by police and the military to murder people. And what do police departments have? Strong unions! Spot is employee of the month. You never need to union bust a robot – but a robot can union bust you.

The manifesto continued, “Boston Dynamics and they HATED this idea.” They said the robotics company even offered them two free robots to call off the event. 

See Spot KILL!! Spot is an empathy building tool, because: Cute and approachable! We talked with Boston Dynamics and they HATED this idea. They said they would give us another TWO Spots for FREE if we took the gun off. That just made us want to do this even more and if our Spot stops working just know they have a backdoor override built into each and every one of these little robots.

See Spot Fall Over And Freak Out. Quite an experience to live in fear, isn’t it? That’s what it is to be a slave. Our saving grace: Spot is evil but not very good at its job.

Boston Dynamics wasn’t thrilled with the stunt. 

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Gretchen Whitmer Requires Masks in Michigan Smoking Lounges ‘at All Times’

Michigan Gov. Gretchen Whitmer’s (D) administration issued a new order Monday requiring masks in smoking lounges.

The Center Square reported the Michigan Department of Health and Human Services issued the surprise edict:

Michigan cigar and vaping lounges were caught off guard Monday afternoon by a Michigan Department of Health and Human Services memo effectively prohibiting smoking in their facilities.

The enforcement, according to the memo, was prompted by MDHHS efforts to curtail the spread of COVID-19. All smoking lounges in the state must require face masks be worn at all times. …

The memo, signed by MDHHS Departmental Analyst Jason Osoff, Policy Enforcement & Monitoring/Tobacco Section, states the department’s emergency powers grants it the authority to implement and enforce measures designed to prevent the spread of COVID-19.

As of Wednesday morning, the order was not listed on the MDHHS website.

According to the news site, violations of Whitmer’s order are considered a misdemeanor, carry a $200 fine, and could include a $1,000 fine per day.

Whitmer’s agency is also targeting businesses for violations.

“Businesses that permit smoking on their premises may also be cited for violations of the order,” it said.

Whitmer allows the removal of a mask for eating or drinking, according to a February 4 edict, but participants in “in gatherings for any exercise activities, group fitness, or organized sports” must wear one.

The latest order pointed out smoking is not included in the exemptions.

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Liberty Activist Arrested, Held on $1M Bond Over Entirely Legal Facebook Posts Criticizing Gov’t

Last Wednesday Martinez posted a Facebook photo of a flag-draped coffin carried by uniformed officers with the caption, “How police officers take out their trash.” Above the photo, Martinez said, “I can’t wait to see the news and hear that Detective Kenneth Mead is in that casket.”

Showing how ridiculous the charges are, that post didn’t even violate Facebook’s terms of service and it is still up on Martinez’s Facebook page.

In another post, Martinez posted a photo of Dickerson with the statement, “This is Michael Dickerson. He is Detective Kenneth Mead’s bitch. Dickerson, I hope you and Mead die a slow and painful death… Mead, I have a message for you — Molon Labe.”

Again, though this post was distasteful, it was entirely legal. One need only scroll through Twitter or Facebook for a few seconds to find millions upon millions of similar posts about Trump, Biden, cops, judges, local politicians, and individuals whose politics draw them the ire of the political foes.

According to the criminal complaint against Martinez — which apparently justified the million dollar bond — Martinez threatened Mead with the intent that Mead be “placed in reasonable fear of death or substantial bodily harm.”

The idea that these posts placed him in “reasonable fear” is laughable. Literally every single day, TFTP gets hate mail and death threats, directed at our employees and even their families and children, and no one is ever placed in “reasonable fear” because of them.

The emails directly threaten our families, claiming they will murder, rape, etc. If you are reading this now, you can probably even scroll down to the comments and find a threat below. But we don’t even report them, as some pissed off asshole ranting on the internet does not justify reasonable fear.

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FBI SEIZED CONGRESSIONAL CELLPHONE RECORDS RELATED TO CAPITOL ATTACK

WITHIN HOURS OF the storming of the Capitol on January 6, the FBI began securing thousands of phone and electronic records connected to people at the scene of the rioting — including some related to members of Congress, raising potentially thorny legal questions.

Using special emergency powers and other measures, the FBI has collected reams of private cellphone data and communications that go beyond the videos that rioters shared widely on social media, according to two sources with knowledge of the collection effort.

In the hours and days after the Capitol riot, the FBI relied in some cases on emergency orders that do not require court authorization in order to quickly secure actual communications from people who were identified at the crime scene. Investigators have also relied on data “dumps” from cellphone towers in the area to provide a map of who was there, allowing them to trace call records — but not content — from the phones.

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Absurdity: Automated Police Surveillance Will Reduce Racial Bias And Allow People To “Maintain A Safe Lifestyle”

As the pandemic enters its second year, two recent stories used to justify increasing public surveillance seem almost too incredible to believe.

Two years ago, I reported on an absurd claim about how the Riverhead Police Departments’ surveillance drones could be used to create a “community connection.”

Splitting Riverhead’s current police foot patrol sector into two sectors would “create more of a community connection in the area that the officers are patrolling,” Supervisor Laura Jens-Smith said. “There’s more eyes and ears in the area, and hopefully that will lead to more people coming to shop and recreate in downtown more.”

In my story I noted how the Department Of Justice’s guidebook the “Community Policing & Unmanned Aircraft Systems: Guidelines to Enhance Community Trust” was designed to help law enforcement convince the American public to accept surveillance drones.

The Police Foundation, in partnership with the U.S. Department of Justice, Office of Community Oriented Policing Services, has developed this guidebook to help public safety agencies successfully assess the appropriateness of acquiring a sUAS in their jurisdiction, all the while ensuring public support, avoiding public-relations pitfalls, and enhancing community trust along the way.

A recent Fox 5 DC story about traffic cameras could rise to the top of my absurd reasons to convince the public to accept more police surveillance.

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On the 56th Anniversary of His Murder, Watch Malcolm X Prophesize Today’s Police State

“They think they are living in a police state, and they become hostile toward the policemen. They think that the policeman is there to be against them rather than to protect them. And these thoughts, these frustrations, these apparitions, automatically are sufficient to make these Negroes begin to form means and ways to protect themselves in case the police themselves get too far out of line.” -Malcolm X – assassinated on Feb. 21, 1965, in New York City.

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New “See Something, Say Something Online Act” Turns Social Media Users Into Spies

Senator Joe Manchin wants to bring DHS’s spy on your neighbors, “If You See, Something Say Something”  program to social media, blogs, websites, and much more. Manchin’s bill, the “See Something, Say Something Online Act” would essentially turn social media users into Federal spies by forcing them to report suspicious people to law enforcement.

Just how bad is this bill?

This bill would essentially force anyone on social media to report suspicious “transmissions” to law enforcement.

“Known Suspicious Transmission.—The term ‘‘known suspicious transmission’’ is any suspicious transmission that an interactive computer service should have reasonably known to have occurred or have been notified of by a director, officer, employ, agent, interactive computer service user, or State or Federal law enforcement agency.”

Major Crime —The term ‘‘major crime’’ means a Federal criminal offense that is a crime of violence (as defined 13 in section 16 of title 18, United States Code); relating to domestic or international terrorism (as those terms are defined in section 16 2331 of title 18, United States Code)

What exactly is a known suspicious transmission or major crime?

The term “suspicious transmission” means any public or private post, message, comment, tag, transaction, or any other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime.

How could social media users, bloggers, web forum moderators, web conferencing users, etc. know that a comment left or uttered by someone would later lead to them committing a major crime?

The See Something, Say Something Online Act would force social media users into red-flagging every person’s comments just in case someone commits a major crime in the future.

This bill would effectively destroy the First Amendment as we know it, dispelling any vestiges of America still being a free country.

Social media users would be forced to submit a Suspicious Transmission Activity Report (STAR) on suspicious individuals within 30 days.

“In General.—If a provider of an interactive computer service detects a suspicious transmission, the interactive computer service, including any director, officer, employee, agent, or representative of such provider, shall submit to the Department a STAR describing the suspicious transmission in accordance with this section.”

As Reason warned, the See Something, Say Something Online Act would put reporting on your fellow American on steroids. It would create a glut of frivolous reports, including many that are politically motivated, or otherwise disingenuous.

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