Category Archives: The Surveillance State

Liberty Rock: “Spike in My Veins” by Korn

This is a great, important, video. I hope you will enjoy this. I have some additional thoughts about this video and this subject posted here.

We are the ones taking all the pain
Falling on our faces
They don’t care anyway
Anyway, now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate, to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out the path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

We are the ones reaching out in vain
Trying to solve our problems
They won’t go away, go away now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

BOOK REVIEW: The United States of Paranoia

Conspiracy theories are only believed by people on the fringe of American politics? Not so says Reason’s Jesse Walker in his latest book: The United States of Paranoia: A Conspiracy Theory. Walker argues quite the opposite in his opening chapter: “The Paranoid Style is American Politics”:

By the time this book is over, I should hope it will be clear that when I say virtually everyone is capable of paranoid thinking, I really do mean virtually everyone, including you, me, and the founding fathers. As the sixties scare about the radical Right demonstrates, it is even possible to be paranoid about paranoids. (p. 24)

For those who are hoping that this is another book in which the author’s goal is to prove or disprove any particular conspiracy theory, Walker makes is clear that this is not what this book is about (for the most part). He also makes a point to acknowledge that some conspiracies have been proven true (ex: Watergate among these, see Chapter 7 for more examples), “At the very moment you are reading this, someone somewhere is probably trying to bribe a politician. The world is filled with plots both petty and grand…” (p.21). Instead telling the reader what to believe, Walker tells a history about what people have believed on this continent from colonial times to now and how these beliefs have shaped the political debate and very the culture itself.

Among the earliest examples of American conspiracies shaping politics and culture resulted in the infamous Salem Witch Trials of the late 1600’s. According to the belief at the time, witches conspired together and with the Devil to bring evil to the land. Disease and other misfortunes the colonists suffered were believed to be the direct result of these alleged Satanic rituals. Men and women were accused, tried, and executed with little or no evidence. The legacy of Salem continues today. When some public official is accused with wrongdoing, credibly or not, the accused and his or her defenders inevitably will call the proceedings a “witch hunt.”

Soon after the colonies won their independence from Great Britain and became the United States of America, the citizenry turned its distrust of power inward. Who could be trusted to lead this new nation and how could the people keep another tyrant or a cabal of tyrants from taking control? As it turns out, many of these fears were quite legitimate. Not everyone was satisfied with the Articles of Confederation. There were actual conspiracies afoot to overthrow existing system under the AOC in which the several states had most of the power while the national government had little. An attempted military coup called the “Newburgh Conspiracy” was stopped when George Washington convinced his fellow soldiers that overthrowing the government by force was not the right way to go about changing the political system.

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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

Embrace Burke? No thanks, Mr. Dionne. I’ll take Coolidge instead.

In his never-ending campaign to weaken those who oppose a progressive state, E.J. Dionne has attempted to give American Conservatives (including, in his flawed formulation, libertarians) a new idol: Edmund Burke. Embracing Burke, Dionne posits, would “clip the wings of modern conservatives”:

It’s to Norman’s credit that he recognizes how “Burke also clips the wings of many contemporary conservatives.” While he “helped establish modern conceptions of nationhood and national allegiance,” he “rejected military adventures.” He “celebrated religious observance, but despised moral absolutism.”

Norman also sees Burke as implicitly offering “a profound critique of the market fundamentalism now prevalent in Western society.” He thinks that Burke would “note the extraordinary greed and self-dealing seen over the past decade by the modern nabobs of banking and finance in a series of cartels disguised as markets.” And a Burkean conservatism would be wary of any ideology that “causes people to lose sight of the real social sources of human well-being and to become more selfish and individualistic, by priming them with ideas of financial success and celebrity.”

The second paragraph is built on an entirely faulty assumption. It is simply beyond question that the FHA and its’ regulated GSEs were the key enabler of the housing bubble of the last decade in the US. These New Deal programs socialized the risk of mortgages while allowing private players to reap the profits. True market fundamentalists always railed against these distortions of markets. It is advocates of big government, such as Dionne himself, who are to blame for the situation.

Even without the factual error, Dionne’s quote from Norman on Burke’s belief is wrought with other problems. It requires one to believe that greed is linked to individualism and ignore the parade of collectivists who sought to use the machinery of Washington to exploit others for the own gain. (Sadly, too many people actually believe this, but that’s another story for another time.) It requires one to believe that conservatives care deeply about celebrity as a part of a core ideology. Dionne perhaps missed the right’s revulsion to the concept of Barack Obama as a savior and a light worker. Or maybe he didn’t and just assumed it was a symptom of bitter clinging. In any case, he overlooks the fact that the left has a monopoly on personalizing politics in this country.

Now that we have established that Dionne’s understanding of a conservative is already tenuous, at best, let’s read his vision of a model Burkean Conservative:

Burke’s conservatism was based on a proper understanding of that word. He believed in preserving the social order and respecting old habits. He persistently warned against the destructive character of radical change. He was wary of ideology and grand ideas, rejecting, as Norman puts it, “universal claims divorced from an actual social context.” Burke saw the well-ordered society as a “partnership of the dead, the living and the yet to be born,” a nice formula for a forward-looking traditionalism — and not a bad slogan for environmentalists.

Here, Dionne unwittingly uncovers a truth. Given that the modern social order in the US is built upon the legacy of the progressives and the New Deal, to be a Burkean conservative is to be a mainstream progressive. Libertarians are seen as radicals precisely because we want a social order that dispenses with the New Deal and its legacy. Meanwhile, modern Republicans play to shape a conservative social agenda using the rules and mechanisms put in place by the New Deal. Even the Constitution, the contract between the dead, the living, and the yet to be born in the United States, is interpreted through the ideology of the New Dealers.

This insight brings us to the most laughable of Dionne’s assertions:

Conservatism will flounder unless it remembers the imperative of addressing the interests of the many, not the few.

Progressives have never done anything but address the needs of the few. Which few and to what degree are always in question. The need for an underclass of highly productive but exploitable people is not. This underclass was referred to by William Graham Sumner as “The Forgotten Man”:

It is when we come to the proposed measures of relief for the evils which have caught public attention that we reach the real subject which deserves our attention. As soon as A observes something which seems to him to be wrong, from which X is suffering, A talks it over with B, and A and B then propose to get a law passed to remedy the evil and help X. Their law always proposes to determine what C shall do for X or, in the better case, what A, B and C shall do for X. As for A and B, who get a law to make themselves do for X what they are willing to do for him, we have nothing to say except that they might better have done it without any law, but what I want to do is to look up C. I want to show you what manner of man he is. I call him the Forgotten Man. Perhaps the appellation is not strictly correct. He is the man who never is thought of. He is the victim of the reformer, social speculator and philanthropist, and I hope to show you before I get through that he deserves your notice both for his character and for the many burdens which are laid upon him.

Sumner’s appellation notwithstanding, members of this productive underclass are not forgotten by progressives. On the contrary, they are known to be a vital component of any progressive plan for society. In the Affordable Care Act, for example, they are the young and healthy who must be conscripted into the health insurance market so that their premiums might benefit the old and sick. In Social Security, they are the workers who pay taxes in so that retirees may get benefits. In Affirmative Action, they are the whites and Asians who lose opportunities granted to other minorities on the basis of skin color.

For decades, progressives maintained the illusion that it was only a demonized few who bore the brunt of this exploitation. Franklin Delano Roosevelt used his political acumen to identify groups for benefit or demonization. He went so far in this endeavor as to hire photographers and writers to produce propaganda about those who benefited while launching vicious legal battles against innocent men just because they were in a group targeted for demonization. (This does have a familiar ring, doesn’t it?)

However, that illusion has cracked in recent years. Eventually, millions of members of the productive underclass realized exactly what was going on. So born was the Tea Party, a so-called conservative movement. Distressingly for Dionne, this movement is far from the conservatism Burke preached and Dionne practices daily. It is radical, seeking to smash a social order built upon exploiting its members for the benefit of others.

The radical nature of the Tea Party prompted fear among the establishment. Both major parties in America are essentially progressive in mechanics, if not agenda. The angry, dismissive reaction from the Republicans and the downright punitive reaction from the Democrats highlighted how radical the idea of declaring one “taxed enough already” truly is. Since the Wilson administration, Washington has decided who was taxed enough already and who could pay more.

The Tea Party, for all the good it has done in revealing the corruption in Washington (much through its own victimhood at the hands of the IRS), is still a movement lacking a positive idea. It is essentially a movement pushing for a cessation of activity. This will cause many to ask what shall be done instead. The Tea Party has no answer for this.

Neither, it seems, do most libertarians. We tend to focus on the “no” too often as well. Government should stop doing this and not start doing that. We’re seen as a force of negativity. Unfortunately, in a world where we are opposed to both major parties and the mainstream media apparatus designed to enforce the status quo, negativity doesn’t sell.

Respect and stability, however, do. Enter Calvin Coolidge. The concept of normalcy embraced by Harding and Coolidge is both simple and elegant. Here is a description of the concept by Amity Shlaes in an interview with Ed Driscoll:

Ed, what did you learn normalcy was in school? I learned it was something kind of dull, right? Like the — normalcy doesn’t sound elevated or wonderful and that was the Harding motto.

But what they meant by normalcy is not we should all be normal and cogs. Right? What they meant is the environment should be normal so that we can have fun and play with new ideas, which is something very different. Predictability, the reduction of uncertainty. Coolidge as a candidate even used the phrase “uncertainty” which you hear so much today and which is also the subject of Forgotten Man. It’s less uncertainty, please. He really — it’s a theme all the way to the end of his life. You can find it in his columns post-presidency. He spoke of uncertainty.

If you’re reading this, you’re taking advantage of Coolidge’s concept of normalcy in a very different context. The internet is built on normalcy. Packets are packets, traffic is traffic, and different application protocols expect lower-level protocols to act as specified at all times. The creation built upon these simple ideas, upon normalcy, is easily humanity’s largest by a vast margin. Yet there is no edifice called “The Internet”, no building that makes it all work. It is a distributed network of components all playing by the same rules.*

So it was with the American economy under Coolidge. After a decade of tumult resulting from progressive leadership, the US economy got eight blessed years of normalcy. With this diminished uncertainty, companies were free to invest. The economy boomed and even the poor man was better off in 1928 than in 1920.

Then, in response to the crash of 1929, a round of “bold experiments” (to borrow FDR’s phrase) were undertaken upon the economy by Hoover, Roosevelt, and the Congresses of the era for the next decade and a half. These experiments caused untold economic devastation by distorting markets, increasing uncertainty, and causing those who had capital to hoard and protect it, eventually causing Roosevelt to pursue an undistributed profits tax to shake this capital loose from unwilling businesses. Even during the Second World War, while the US was not statistically in a depression, the standard of living was still poor in comparison to the normalcy of the 1920s.

The experiments, in every empirical sense, were a failure. But with the help of writers like Arthur Schlesinger, Jr. (who Dionne quotes approvingly as an admirer of Burke), these failures were pawned off on the American people as successes and the role that predictability and normalcy play in prosperity forgotten.

Today, we face an economic crisis built upon government interventions into and distortions of the private economy. Despite the Obama administration focusing on jobs, there has been no improvement for the millions who have been chronically unemployed for years. The Democrats’ bold experiment with banking, the Dodd-Frank law, has driven the poor away from banks as they killed off free services. The Democrats’ bold experiment with health care is already driving up costs for millions while making full-time jobs hard to come by for hourly workers. Look at any problem in the US economy today and at its root you will find a bold experiment from Washington, D.C.

The message I have for all Americans is to ignore Dionne (good advice in any case) and his plea to embrace Burke. It’s time to embrace Coolidge and pursue a course of radical normalcy.
.


*For those who don’t remember, one of the major arguments against SOPA and PIPA were that they legislated a change in the architecture of the internet that broke the DNS protocol. This endangered the functioning of the entire network by disrupting the rules upon which countless other technologies depended. A perfect illustration of the need for normalcy in a complex, distributed system.

Your Ox Will Eventually Be Gored

It seems logical that every American, regardless of political affiliation/philosophy, race, religion or creed, would be concerned about the revelations concerning domestic spying on the part of the NSA. If the Obama administration can spy on and mistreat the Tea Party and other right wing causes, the next Republican administration could spy on and mistreat Occupy Wall Street and other left wing causes.

As it turns out, this is not necessarily the case. According to an article by David A. Love, the black community has largely greeted this news with a shrug and a yawn.

Is this lack of concern because many blacks do not want to be critical of the first black* president? This might account for some of this shrugging but Love suspects that there is something much deeper at work here:

The black community has decades of experience being monitored, so this type of surveillance is nothing new. Given the long history of being spied upon, many blacks already assume they are being monitored by the government […]
[…]
African-Americans are no strangers to surveillance, as their activities were highly regulated through the slave codes, laws which controlled both slaves and free blacks.

The mistreatment of blacks did not end when slavery was abolished, of course. Love goes on to describe several other atrocities such as the Tuskegee experiment, J. Edgar Hoover’s illegal spying on Martin Luther King Jr., Malcolm X, the Black Panthers, and others.

Tragic chapters such as Tuskegee have been cited as a reason why African-Americans distrust the medical establishment and are hesitant to participate in clinical research. One study found that 67 percent of black parents distrusted the medical profession, compared to half of white parents.

As I read this, I wondered why there isn’t a similar distrust of the government as the medical establishment by blacks in general. The Tuskegee experiments were done at the behest of the U.S. Public Health Service, after all!

After finishing the article, I decided to read through the comments section (this is a blog that is dedicated primarily with concerns of the black community; the comments can sometimes be very illuminating). The very first comment by a user with the handle “Blackheywood Heywood” did not disappoint:

The US government began spying on Black folks before this government was created, yet it was no outrage.Give me a break, it seems slowly mainstream America is discovering how it feels to be thought of as suspicious or guilty before being accused, never mind arrested. Welcome to the world of the American Black male.

Heywood has a valid point. The answer to the question why the lack of outrage by the black community concerning the NSA and IRS scandals could just as easily turned against what Heywood called “mainstream America.” Indeed, where was the right (for lack of a better term) on these outrages? Where has the Tea Party been on the question of “stop and frisk,” in New York in which minorities are especially targeted to be searched, supposedly at random? Is this simply a case of “out of sight, out of mind?”

I believe there’s also another phenomenon at work: the memory hole. Near the close of the article, Love mentioned an event that took place in Philadelphia in 1985 I was completely unaware of:

On May 13, 1985, following a standoff, a Philadelphia police helicopter dropped a bomb on the house on Osage Avenue occupied by the black “radical” group known as MOVE. Police reportedly fired on MOVE members as they escaped the burning home […]
[…]
The 1985 bombing—which killed 11 people, including 5 children and destroyed an entire neighborhood of 61 row homes in West Philadelphia—marked the first such attack on U.S. citizens by government authorities. The survivors and victims’ families received $5.5 million in compensation from the city of Philadelphia.

I try my best to be informed about historical events as well as current events. How is it that this is the first I had ever heard about the Philadelphia Police dropping a freaking bomb on a neighborhood in an American city?** I must have been sick that day in American History class (I also didn’t learn about the Tuskegee experiments until well into my twenties; maybe I was sick on that day as well).

Maybe MOVE was a radical organization maybe it wasn’t*** but nothing could justify the police dropping a bomb on a neighborhood. Perhaps this atrocity is well known by people in the black community, both young and old but not so much outside the black community (or maybe I’m one of the few Americans who never heard about this but I doubt it).

MOVE probably wasn’t the first group the government described as “extreme” to a point where government officials ordered and used military force against its members; it certainly wasn’t the last. How many people out of a hundred know about what happened at Ruby Ridge? The Weaver family, why they were “extremists” after all and therefore, why should anyone care about their rights? How many people out of a hundred know about the conflicting accounts of what really happened at assault on the Branch Davidians in Waco, Texas? (Here’s a hint: a great deal more than what the MSM reported at the time). I suppose because these people were part of some sort of cult, their rights didn’t matter either!

This is where the real problem of indifference lies. I’ve heard far too many people with the attitude “it’s not my problem” or “it doesn’t affect me”. Even more disturbing is the attitude some people have that they are happy when someone of an opposing view has his or her rights of life, liberty, and/or property trampled on (i.e. “Screw them, they are ‘extremists’”). Far too often, concerns about civil liberties depend on whose ox is being gored at that particular time.

I would like to humbly suggest that if you are not as upset when its someone else’s ox, even if it’s the ox of your opponent’s, one day it will be your ox that will be gored. Perhaps Martin Niemoller said it best in his very short work “First they Came” describing how the Nazis took freedom away from the whole population, one group at a time. By the time the Nazis got around to taking freedom from what remained of the population, Niemoller concluded “there was no one left to speak for me.”

To be clear, I am not comparing the U.S. government to the Nazis. Such hyperbolic comparisons are not constructive and minimize the very crimes against humanity the Nazis committed. I am making a comparison about how populations respond to encroachments on liberty, however. As demonstrated in Love’s article, there are plenty of examples of injustice from American history.

Here are just a handful more:

  • The Indian Removal Act
  • Slavery
  • The internment of Japanese Americans
  • Jim Crow
  • McCarthyism

And many, many more.

Each of these policies were permitted to happen because the majority apparently felt that curtailing freedoms of these minorities would somehow not affect their own freedoms. We should acknowledge that these injustices occurred and try to learn the right lessons (rather than pretend the U.S. government or the American people have committed no wrongs ever) and move on.

Every injustice and every violation of rights of life, liberty, and property must be answered by all of us as if it’s our own liberty that is at stake.

*Yes, I’m aware that Obama is actually half black. However, if a man of his description was accused of committing a crime and at large, he would be described as a black man.

**In light of this, Rand Paul’s questions about government using drones to attack Americans on American soil no longer seem so far fetched, unfortunately.

***All I know is what I read in the cited article.

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