Category Archives: Fascism in America

Bye Bye 4th and 5th amendment: Obamacare info may be used for Law Enforcement and Audit activities

Well… we knew that the 4th and 5th amendment meant nothing to them… never mind HIPAA… but really?

 

Obamacare Marketplace: Personal Data Can Be Used For ‘Law Enforcement and Audit Activities’

Maryland’s Health Connection, the state’s Obamacare marketplace, has been plagued by delays in the first days of open enrollment. If users are able to endure long page-loading delays, they are presented with the website’s privacy policy, a ubiquitous fine-print feature on websites that often go unread. Nevertheless, users are asked to check off a box that they agree to the terms.

The policy contains many standard statements about information automatically collected regarding Internet browsers and IP addresses, temporary “cookies” used by the site, and website accessibility. However, at least two conditions may give some users pause before proceeding.

The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end. The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace. There is, however, an exception: “[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities.” Here is the entire paragraph from the policy the includes the exception [emphasis added]:

Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law. We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others. Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection. The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities.

The site does not specify if “appropriate authorities” refers only to state authorities or if it could include the federal government, as well. Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination. An email to the Maryland Health Connection’s media contact seeking clarification has not yet been answered

The second privacy term that may prompt caution by users relates to email communications. The policy reads:

If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

Since emails to the marketplace could conceivably involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the “public record” could prevent users from being as free with their information than they might otherwise be. However, as noted, any requests for such emails would still be subject to Maryland’s Public Information Act which contains certain exceptions to the disclosure rules.

Read the fine print eh?

 These are such clear 4th and 5th amendment violations I can’t believe anyone didn’t immediately say “uh guys… we cant actually do this”…

… but as I said, we know that our elected and selected “lords and masters” don’t give a damn about the 4th or 5th amendments (or really any of the others ones any time they become inconvenient).

So while I’m sure they were told they couldn’t do it, I’m sure they said “ahh well the disclaimer and release is enough, we’ll be fine”.

 Yeah no.

 And as far as HIPAA goes… In reality these terms of use are not anywhere near an adequate HIPAA disclosure release, so using any of this data in any manner other than for healthcare purposes would be a federal offense.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Delegates at the Democratic Convention: “We all belong to the government”

During the 2008 campaign I wrote a post about the real reason why Barack Obama would be dangerous for our country. These reasons had nothing to do with a long-form birth certificate or that he was some sort of Muslim Manchurian candidate intent on destroying our country from the inside. Now that Obama has an actual record to defend, there isn’t any real need to watch Dinesh D’Souza’s movie “2016” to discover why he holds the big government anti-capitalistic/big government/anti-liberty policies and views (the important thing is recognizing that he is trying to make them law of the land, the origin is irrelevant).

Actually, I think Obama’s views are well within the mainstream of the Democratic Party. Take this video for example where the interviewer asked what rank-and-file delegates to the 2012 Democratic Convention thought about a video that was played at the convention that argues “we all belong to the government.”

I don’t have to tell readers here how dangerous this mindset is. This is a philosophy that goes well beyond Barack Obama and his alleged pro-communist and anti-colonialist views. The Democrats may have taken “god” out of their party platform but it seems very apparent to me that it is very much a religious document replacing one god with another (i.e. government). And just like in 2008, Barack Obama, the Chosen One, is their messiah.

On The Empire State Building Shooting

The news that all the wounded bystanders were injured as a result of police gun-fire will prompt many to condemn the officers who confronted Mr Jeffrey Johnson yesterday morning on a sidewalk in Manhattan. I write in their defence.

As facts dribble out, we have an increasingly complete picture of what actually occurred.  Mr Johnson had a grudge against Mr Steven Ercolino – a manager at a company he had worked at in the past –  and had decided to lie in wait with a hand-gun and to murder him in an ambush as Mr Ercolino walked to work. As Mr. Ercolino walked towards his office from purchasing some food at a coffee shop, Mr Johnson shot him in the head from behind, and fired two more rounds into his torso, killing him.

Mr Johnson then walked away and tried to escape by blending into the crowd of similarly attired people on their way to work.  However, he was trailed by a construction worker.  Mr Johnson’s escape route took him past a police detail, and the construction worker trailing him alerted the officers on that detail that Mr Johnson had just murdered someone and was armed.

Two officers hustled to catch up with Mr Johnson.  They challenged him.  He drew (but did not fire) his weapon, and the police fired 16 rounds in quick succession into him. Bystanders were struck by police bullets, the fragments of the bullets, and fragments of masonry turned into shrapnel by the police bullets.

We at The Liberty Papers are often critical of the government and its agents, but in this case, the police appear to have handled the matter properly. The officers were approached by a citizen and made aware of a serious felony and were pointed to a suspect.

The first choice the officers faced was the question of whether or not to confront Mr. Johnson.  I believe the police did the right thing in confronting him, for several reasons:

First, when people commit murders – especially when they ambush people on their way to work – it is often part of a spree killing – where a person goes to multiple locations, killing all the people they have grudges against in one go.  Had police failed to confront him, who knows what would have happened, who else he might have killed?  After all, Mr Jefferson had several clips on his person – despite clearly planning to fire only a few shots into his victim.

Secondly, had they tried to tail Mr Johnson, they ran the risk of losing him in the crowd. They would have had to abandon their posts to do so.

Thirdly, what if Mr Johnson was innocent and the construction worker was mistaken? In that case tailing him would have distracted police from finding the real killer.

In confronting Mr Johnson immediately after the allegations against him were communicated to them, the police officers were doing good police work.

When Mr Johnson pulled the gun out of his bag, and attempted to point it at the men confronting him, the dynamic then changed.  In effect, he was committing an act of assault on people who happen to be police officers.

In shooting him, the police were defending their lives as any citizen should be able to do in a free society. In shooting that many rounds the police were not guilty of excess – people are rarely killed or incapacitated instantly by a bullet from a handgun and the police appear to stop firing almost instantly after Mr Johnson dropped his gun and flopped down to the pavement. I judge what I see in the video to be a legitimate act of self-defence by the officers.

The person guilty of depraved indifference in this affair is Mr Johnson, who chose to ambush and murder someone on a crowded sidewalk and to initiate a gun-fight on another crowded side-walk. We will never know what Mr Johnson intended to accomplish when he set out to murder Mr. Ercolino, whether he had other people in his sights, or what made him snap.  Those secrets died with him as he lay hand-cuffed, face down, on the pavement. In the end, though, the responsibility for the carnage falls squarely on his shoulders.

In all likelihood, this case will be picked over for what people could have done differently.  Certainly, the accuracy of the police fire, their training, and their doctrine for confronting people like Mr Johnson should be reexamined for possible improvements.  But, at this point, it appears that the police made the correct decisions to confront and then shoot Mr Johnson, despite how awfully everything turned out.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Fast and Furious was not botched

I’ve officially lost count of the number of times I’ve heard or read a media source assert that Operation Fast and Furious was botched. It wasn’t. It did exactly what it was designed to do: put American guns in the hands of criminals so they could terrorize and kill innocent Mexicans with them and get caught doing so. When they were caught, the guns would be traced back to American gun shops “proving” that smuggling was a huge problem that had to be solved by any means necessary.

Were it not for the whistleblowers, the Obama administration would have built a gun control propaganda campaign upon a pile of dead bodies–exactly has they had planned to. Every single dead body was the result of things going right in the operation, not wrong.

So, why is the media continuing to insist that it was botched? Simple. It allows them to keep the truth of the Republican investigation out of the narrative. They can frame the investigation as looking into a mistake, like so many others. In reality, it’s an investigation looking at the administration’s clear intent to sacrifice innocent and unwilling lives for its own political agenda.

When you hear the word botched, know that it’s an attempt to weave a tale of incompetence when the real story is one of evil.

Protecting and Serving Whom?

Today, I had the joy of observing an officer of the Newton Police force take a bad situation and make it worse.  The incident showed much that is wrong in the relationship between the common citizen and the government that is there to protect him or her. An elderly person had fallen and a police officer detained her, kept her on a brick side-walk so that EMT’s from an unwanted ambulance could check her out, an operation that blocked traffic and slowed it to a crawl on a major thoroughfare. » Read more

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.
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