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By Tyler Durden
Authored by Jenna McLaughlin via TheIntercept.com,
Courts across the country are grappling with a key question for the information age: When law enforcement asks a company for cellphone records to track location data in an investigation, is that a search under the Fourth Amendment?
By a 12-3 vote, appellate court judges in Richmond, Virginia, on Monday ruled that it is not — and therefore does not require a warrant.
The 4th Circuit Court of Appeals upheld what is known as the third-party doctrine: a legal theory suggesting that consumers who knowingly and willingly surrender information to third parties therefore have “no reasonable expectation of privacy” in that information — regardless of how much information there is, or how revealing it is.
Research clearly shows that cell-site location data collected over time can reveal a tremendous amount of personal information — like where you live, where you work, when you travel, who you meet with, and who you sleep with. And it’s impossible to make a call without giving up your location to the cellphone company.
“Supreme Court precedent mandates this conclusion,” Judge Diana Motz wrote in the majority opinion. “For the Court has long held that an individual enjoys no Fourth Amendment protection ‘in information he voluntarily turns over to [a] third part[y].’” The quote was from the 1979 Supreme Court case Smith v. Maryland.
The 5th, 6th, and 11th circuits have reached the same conclusion.
However, there’s been a lot of disagreement within the lower courts and among privacy advocates that the third-party doctrine is consistent with the way people live their lives in the digital age — primarily on their cellphones.
A three-judge panel of the 4th Circuit in fact first ruled last August that getting cell-site records in bulk did constitute a search, triggering a warrant requirement. In the case, United States v. Graham, the government obtained 221 days’ worth of records belonging to a robbery suspect in Baltimore.
The panel’s opinion relied heavily on a separate legal theory, called mosaic theory, to come to that conclusion: the argument that even if one instance of evidence gathering doesn’t count as a search, asking for a large number of data points can eventually amount to one.
For a while, it looked like there might be a split in the lower courts that would require the Supreme Court to reconsider the third-party doctrine.
But now that the 4th Circuit has ruled, that seems less likely.
Privacy advocates were disappointed:
So depressing: 4th Cir Ct of Appeals en banc holds government doesn't need warrant to access cell site location info https://t.co/SgRqyhvRzV
— Jen Lynch (@lynch_jen) May 31, 2016
I have to believe that we have a good chance of reigning in the 3rd Party Doctrine's wild over-application. But today I'm not optimistic.
— Nate Cardozo (@ncardozo) May 31, 2016
Posted June 1st, 2016 in Uncategorized.
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By Tyler Durden
Submitted by Mac Slavo via SHTFPlan.com,
In the lead up to the Presidential election we’ve seen pockets of riotous behavior across America. Whether supporting Trump, Sanders, Hillary or Cruz, average Americans appear to be ready to go to war with their government or with each other. This sentiment, coupled with continued economic degradation and a general feeling of a populace that has for decades been marginalized by the political machine in the United States, is showing all the signs of serious civil unrest on the horizon.
In the following interview with Infowars.com special forces commando Tim Kennedy weighs in, describing the current situation as a trench having been dug and filled with accelerants just waiting to be ignited.
Kennedy is a continuity of government expert, which means he’s well versed in not only how the powder keg of civil unrest could potentially explode, but what The-Powers-That-Be will do once it does.
For civil unrest to happen you have to have a bunch of little things that set up for the perfect situation. You have to have a reason.
People are so emotionally involved in this Presidential election right now… and finally for the first time realizing there is something wrong with our country… the eyes are open… we know that something’s not right.
Even though we have a President saying ‘I’m trying to break down borders‘ we’ve never had so much hate between different racial segments… what’s even more scary is that we know all of these things individually are setting up the perfect opportunity for serious civil unrest…
Now that we’re moving into summer… we’re moving into the Presidential election… we’re sending troops into Iraq… we’re looking at groups and segments of people who are supporting specific Presidential nominees…
We have a perfect conducive environment for some serious problems… you think riots in Missouri were bad? Just wait until July… wait until August.
The trench has been dug and it is full of accelerants… everything is right for things to go very wrong.
Kennedy warns that once civil unrest happens on a nationwide scale, you’d better have taken steps to prepare, because just as we saw in Venezuela, Argentina and elsewhere during such tense periods, essential goods disappear from the shelves almost overnight.
And while such events are often dismissed by Americans as improbable, your concerns over the possibility are not without merit.
As an individual you have to get ready.
Don’t care if people think that you’re crazy… don’t think that you’re being a fanatic… that you’re being a prepper.
I’m only responsible for my family… My family is going to have food… My family is going to have water… We are going to be safe.
And if you think I’m crazy because I want to make sure my family is protected, fine, that’s the way it is.
But as an individual you need to look and research about ways to prepare in whatever city you live in.
In short, should widespread civil unrest, whether this summer or at any
Source: Special Forces Insider Warns Of Serious Civil Unrest This Summer: "Everything Is Right For Things To Go Very Wrong"
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Posted June 1st, 2016 in Uncategorized.
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By Tyler Durden
Submitted by John Rubino via DollarCollapse.com,
The most widely-reported result of the recent G-7 meeting was Japan’s attempt to convince the other major economies to admit that a crisis is imminent and take appropriately radical steps. The response seems to have been a bunch of blank stares. As India’s Business Standard noted:
A Group of Seven compromise offers minimal cover for Shinzo Abe. The Japanese prime minister’s plan to revitalize the world’s third-largest economy needs fresh impetus. Abe didn’t get as much international backing as he might have liked from hosting the rich nations’ club. But, the summit communique can, just about, be spun his way.
Abe’s counterparts, understandably, do not share his view that the world risks another Lehman Brothers-style financial crisis. That is important because Abe has inexplicably committed to raising the country’s sales tax next April, a surefire way to choke off recovery – unless a shock of this scale emerges.
So Japan — which, remember, has already borrowed eye-popping amounts of money, increased its central bank balance sheet by more as a percent of GDP than have either the Fed or ECB, and pushed interest rates on most of its government bonds into negative territory, all to no avail — has decided to act on its (manifestly justified) sense of panic by starting a new round of deficit spending:
(Bloomberg) – Japan Prime Minister Shinzo Abe plans to propose a fiscal stimulus package of as much as 10 trillion yen ($90.7 billion) after warning Group of Seven leaders that the global economy faces significant risk of another crisis, according to the Nikkei newspaper.
Abe will seek a second supplementary budget worth 5 trillion yen to 10 trillion yen after July’s upper-house election, the Nikkei reported Saturday without attribution. Proposals will include accelerating the construction of a magnetic-levitation train line from Nagoya to Osaka, issuing vouchers to boost consumer spending, increasing pay for child-care workers and setting up a scholarship fund, the Nikkei said.
“When you want to get the economy going, as long as demand in Asia is weak, you need additional public spending,” Martin Schulz, a senior economist at Fujitsu Research Institute in Tokyo, said by phone. “Since private spending is still not picking up, the government is simply taking up the slack.”
The stimulus package would be the second this fiscal year after Japan approved a 778 billion yen supplementary budget this month to aid recovery from earthquakes in the Kumamoto region.
And about that tax increase…
(Reuters) – Japanese Prime Minister Shinzo Abe will postpone a sales tax hike planned for next year, perhaps by as much as three years, government sources say, a move he will justify as part of G7 efforts to avert another global financial crisis.
While the tax hike was seen as critical to reining in Japan’s massive public debt, Abe and his aides
Source: Japan Is First To Panic; Won’t Be The Last
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Posted June 1st, 2016 in Uncategorized.
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By Tyler Durden
The impact of US-style “safe space” politics, in which causing offense is held to be a grave sin, is also limiting freedom of speech abroad. As Oxford Professor of European Studies Timothy Garton Ash exclaimed, figures like Jesus, Charles Darwin and Karl Marx would all be banned from British universities today due to the rise of social justice warrior pressure groups and correspondingly populist counter-extremism legislation.
This is “a double-pronged attack on free speech,” Ash told an audience at the Hay literary festival on Monday.
As RT reports, as well as Marx, Darwin and Jesus, he warned that philosophers like Rousseau and Hegel would today be banned from campuses.
Referring to the UK government-led Prevent scheme, intended to keep extremism out of educational institutions, Garton Ash warned that:
“securocrats in the Home Office” are imposing bans which would “prevent even non-violent extremists speaking on campus.”
“Now non-violent extremists? That’s Karl Marx, Rousseau, Charles Darwin, Hegel, and most clearly Jesus Christ, who was definitely a non-violent extremist,” the academic said. The Home Office “wouldn’t want him preaching on campus,” he added.
But state intervention is only one side of the coin, Garton Ash said, arguing that the impact of US-style “safe space” politics, in which causing offense is held to be a grave sin, were also limiting freedom of speech.
He said there is a “certain push from below from our own students demanding so-called safe spaces” which involved “no platforming” people simply on the basis that particular students disagreed with them.
“It’s one group of students censoring another,” he said, warning this resulted in free speech being “salami sliced” away.
Garton Ash said the UK, “which in a way invented the modern version of free speech in the 17th century, is in my view much too feeble when it comes to standing up for free speech.”
As we explained previously,
The Only Safe Space Is Your Home
No matter where you go in life, someone will be there to offend you. Maybe it’s a joke you overheard on vacation, a spat at the office, or a difference of opinion with someone in line at the grocery store. Inevitably, someone will offend you and your values. If you cannot handle that without losing control of your emotions and reverting back to your “safe space” away from the harmful words of others, then you’re best to just stay put at home. Remember, though: if people in the outside world scare you, people on the internet will downright terrify you. It’s probably best to just accept these harsh realities of life and go out into the world prepared to confront them wherever they may be waiting.
Source: "Jesus, Marx, & Darwin Would Be Banned From Today’s Universities" – Oxford Professor Slams ‘Safe-Space’ Politics
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Posted May 31st, 2016 in Uncategorized.
