Saturday, January 18, 2014

Obama: We’re Still Going To Collect All The Data, Just May Have Someone Other Than NSA Store It

From Weasel Zippers: 

He doesn’t intend to actually pay attention to the Constitution and stop collecting the massive amounts of data. He suggested that someone other than the NSA could store it, to “prevent abuse”.
So the answer to unconstitutionally taking our info is to let MORE people have access to it? The Orwellian nature of this President makes my head spin.
Actually this is a pretty clever way to ATTEMPT to do an end run around the Fourth Amendment.

But I don't think it will work. Read what the Fourth Amendment has to say:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now,  the first Amendment says, "congress shall make no law" impeding free speech, etc.

But the Fourth Amendment does not talk about Government. It just flat out says, the people have "the right" to be secure in themselves and their stuff.

That's it.

That Right shall not be violated. It does not stipulate that that right shall not be violated by Congress or the Government, but that it shall not be violated, PERIOD. That's it. Not by anyone.

We have the right to security in ourselves and our stuff.

In a time when our intellectual property is online, then our "persons, houses, papers, and effects" include our intellectual property.

In other words, the Fourth Amendment is a guarantee of our absolute sovereignty as individuals over ourselves and everything that issues from our minds and hearts. We have an absolute right to privacy.

And, the government can not do an end run around that by "Privatizing" the invasion of our privacy. Because our right is absolute. This is not just a right that we have with regard to government invasion of our privacy. We have an absolute right as individuals.

Done. No one can violate that right without violating the Constitution.

We really need to begin pushing back on our Rights. Too often we are accepting the argument that the Constitution merely protects us against the violation of these rights by the Government. No, the Constitution says these rights are the Rights of free men, everywhere. The people are the government. Corporations, Academic Institutions, and Media Companies have no more right to violate these rights than does the government.

Here are some questions to ponder:

Do corporations - or other institutions of society - have the right to set standards of speech and expression for you when you are off-duty, when this right is guaranteed by the First Amendment?

Do corporations have the right to know about your private life, when it's protected under the Fourth Amendment?

Do corporations have the right to prohibit your exercise of your Second Amendment Rights?

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