Tuesday, May 20, 2014

Police State

In a good reminder that the government views us all as prisoners, TSA moves its nude-scanners into prisons.

Driverless cars, since they would get few if any tickets, would reduce police revenue. Good.

Lavabit founder finally tells his story of how government oppression forced him to shut down his company. His story is a lot different, more complete, and more believable than the feds'.
"In Virginia, the government replaced its encryption key subpoena with a search warrant and a new court date. I retained a small, local law firm before I went back to my home state, which was then forced to assemble a legal strategy and file briefs in just a few short days. The court barred them from consulting outside experts about either the statutes or the technology involved in the case. The court didn't even deliver transcripts of my first appearance to my own lawyers for two months, and forced them to proceed without access to the information they needed.
Then, a federal judge entered an order of contempt against me – without even so much as a hearing.

But the judge created a loophole: without a hearing, I was never given the opportunity to object, let alone make any any substantive defense, to the contempt change. Without any objection (because I wasn't allowed a hearing), the appellate court waived consideration of the substantive questions my case raised – and upheld the contempt charge, on the grounds that I hadn't disputed it in court. Since the US supreme court traditionally declines to review decided on wholly procedural grounds, I will be permanently denied justice.

In the meantime, I had a hard decision to make. I had not devoted 10 years of my life to building Lavabit, only to become complicit in a plan which I felt would have involved the wholesale violation of my customers' right to privacy. Thus with no alternative, the decision was obvious: I had to shut down my company."
Taking away recourse to defend oneself is the hallmark of a police state.
"The government argued that, since the "inspection" of the data was to be carried out by a machine, they were exempt from the normal search-and-seizure protections of the Fourth Amendment."
This parallels the farcical NSA semantic game about collecting versus gathering.

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