Totalitarianism Through Technology, Episode 4

Another Homeland Security Overreach: DHS Starts Seizing Websites

The always interesting Business Insider has this report:

The Department of Homeland Security’s ICE has launched a major crackdown on websites enabling copyright infringement or selling counterfeits of trademarked goods. In just the past few days ICE has seized at least 12 domains, TorrentFreak reports.

Knowingly violating someone’s copyright is rightfully against the law.
[...]
Still, this part of the article bothers me:

The owner of an affected site told TorrentFreak that his domain was taken over without any prior complaints or notification from the court.

Here are the two critical points:

So, the sites were seized before the site’s owner heard any charges or had the chance to submit any counter evidence in court. The owners of the sites had their property seized without being allowed to defend themselves.
[...]
But, the article begs an even bigger question: What the hell do fake Guccis have to do with homeland security?

Property seizure without due process is flat out against the law, and one of the reasons explicit in the Declaration of Independence for our secession from Britain. How could copyright infringement be a threat to national security?

The questions we should all be asking:

In the aftermath of 9-11, when the creation of DHS was being debated, would your opinion have been swayed if you knew that, within just a few years, the proposed agency would be seizing websites peddling fake purses? Did you imagine that the proposed agency would soon demand to take naked photographs of randomly-selected U.S. citizens? Or, insist on its authority to physically grope children?
Now, ask yourself this: What will the Agency be doing 10 years from now? Or, 20? In a little more than half a decade, DHS has morphed from protecting us from terrorists to protecting us from fake merchandise. Who is going to protect us from DHS?

Totalitarianism Through Technology, Episode 3

Feds Warrantlessly Tracking Americans’ Credit Cards in Real Time

The document, obtained by security researcher Christopher Soghoian, explains how so-called “Hotwatch” orders allow for real-time tracking of individuals in a criminal investigation via credit card companies, rental car agencies, calling cards, and even grocery store loyalty programs. The revelation sheds a little more light on the Justice Department’s increasing power and willingness to surveil Americans with little to no judicial or Congressional oversight.
[...]
Then the agent sends a request for “Any and all records and information relating directly or indirectly to any and all ongoing and future transactions or events relating to any and all of the following person(s), entitities, account numbers, addresses and other matters…” That gets them a live feed of transaction data.
[...]
It’s not clear what standards an agent would have to follow to get a “Hotwatch” order. The Justice Department told Soghoian the document is the only one it could find relating to “hotwatches” — which means there is either no policy or the department is witholding relevant documents.

The Justice Department did not return a call for comment.

Every year, the Justice Department does have to report to Congress the numbers of criminal and national security wiretaps undertaken, as well as the number of National Security Letters issued. Tens of thousands of NSLs are issued yearly — most with gag orders that forbid ISPs or librarians from ever saying they have ever been served with such a subpoena.

But the Justice Department does not report or make public the number of times it got real time or historic cell phone location information, nor how often it is using these so-called “hotwatch” orders.

Totalitarianism Through Technology, Episode 2

Is Obama's tyrannical power grab designed to make U.S. citizens eager for tyrannical Congressional legislation?

Morning Bell: It’s Time to Stop the FCC Internet Czars

Imagine a future where the Internet is governed by unelected bureaucrats in Washington, DC, who rule at their own whim, regardless of legislators’ demands or judicial rule. Sadly, that future is now.
[...]
And while the threat of unnecessary and harmful government regulation is worrisome, the way in which the FCC is pursuing its expanded powers is flat out alarming. Federal agencies like the FCC only have power as granted to them by Congress under the law. In this case, the FCC is charging forward full steam ahead, ignoring both Congress and the courts in order to act as it pleases — in effect, making the FCC commissioners self-proclaimed Internet Czars.

Wave goodbye to Internet freedom
FCC crosses the Rubicon into online regulation

With a straight face, Mr. Genachowski suggested that government red tape will increase the "freedom" of online services that have flourished because bureaucratic busybodies have been blocked from tinkering with the Web.

The FCC's Threat to Internet Freedom

Nothing is broken that needs fixing, however. The Internet has been open and freedom-enhancing since it was spun off from a government research project in the early 1990s. Its nature as a diffuse and dynamic global network of networks defies top-down authority. Ample laws to protect consumers already exist. Furthermore, the Obama Justice Department and the European Commission both decided this year that net-neutrality regulation was unnecessary and might deter investment in next-generation Internet technology and infrastructure.

Analysts and broadband companies of all sizes have told the FCC that new rules are likely to have the perverse effect of inhibiting capital investment, deterring innovation, raising operating costs, and ultimately increasing consumer prices. Others maintain that the new rules will kill jobs. By moving forward with Internet rules anyway, the FCC is not living up to its promise of being "data driven" in its pursuit of mandates—i.e., listening to the needs of the market.
[...]
To date, the FCC hasn't ruled out increasing its power further by using the phone monopoly laws, directly or indirectly regulating rates someday, or expanding its reach deeper into mobile broadband services. The most expansive regulatory regimes frequently started out modest and innocuous before incrementally growing into heavy-handed behemoths.

On this winter solstice, we will witness jaw-dropping interventionist chutzpah as the FCC bypasses branches of our government in the dogged pursuit of needless and harmful regulation. The darkest day of the year may end up marking the beginning of a long winter's night for Internet freedom.

Mr. McDowell is a Republican commissioner of the Federal Communications Commission.

Nothing Changed This Week-The FCC Still Has No Authority to Regulate the Internet

What was true before FCC Chairman Julius Genachowski’s Tuesday midnight run to grab power over the Web remains true today – the FCC does not have the authority to do what they have just announced they will do on December 21st.

Unless and until the Congress enacts law making it so, the FCC doesn’t have the authority to do anything. December’s vote to commandeer control of the Internet is no more legitimate than – and just as capricious as – if they were to vote themselves masters of all the nation’s pizza joints.

The FCC – no government agency – can just decide they want to regulate an industry – and then vote themselves power over it. That’s not constitutional, representative, limited government – that’s Hugo Chavez-style expropriative despotism.

And it’s not as if The Chairman has been suffering from a dearth of people pointing out his lack of authority. We have repeatedly pointed it out. And it hasn’t just been us.

In April, the D.C. Circuit Court said so, unanimously ruling the obvious – that the Commission does not have the authority to do anything to the Internet.

Then 302 members of Congress said the same – a large bipartisan majority. So then did more than 150 organizations, state legislators and bloggers, seventeen minority groups (that are usually almost always in Democrat lockstep) and many additional normally Democrat paragons including several large unions, several racial grievance groups and at least one anti-free market environmentalist group.

And then The Chairman officially announced his intent to usurp authority.

Obama's mystery proposal to regulate the Internet

In their net neutrality quest, Genachowski and two of his fellow Democratic appointees are working to expand government power into an area where the commission has no jurisdiction, under the guise of solving a problem that does not exist.
[...]
This exercise in government opacity and overreach is already damaging the economy. As major telecommunications and Internet service companies prepare to roll out new fourth generation (4G) wireless service for millions of customers, these unelected bureaucratic commissars are recklessly creating doubt about the future value and profitability of those companies' investments. They are also discouraging future investments that need to be made for the Internet to continue its phenomenal growth.

Federal courts will almost certainly strike down anything the FCC adopts Tuesday, just as they did earlier this year. Congress will also have its chance to undo Genachowski's handiwork through the Congressional Review Act. But why should we have to go this far to rein in a government agency supposedly run by people who took an oath to "support and defend" our Constitution? Is Obama unable to make his own appointees obey the law? Either way, the new Congress should hold Obama accountable for what the FCC is now doing in his name.

Conservatives Plan Countermeasures to Neutralize FCC Internet Edict

More than 300 members of Congress from both parties contacted the FCC in the spring, demanding they defer to Capitol Hill on rules governing the internet, and the DC Circuit Court of Appeals dealt the FCC’s online regulatory ambitions a severe rebuke in April. The American people had their say on the matter, too: All 95 Congressional candidates who ran on an explicitly pro-net neutrality platform in 2010 lost.

Despite clear opposition from two branches of the federal government and the American people, the FCC has forged ahead with its aggressive regulations.
[...]
The subtext to this brewing fight is the question of how far Congress will allow the executive branch to implement its agenda through increased regulation and rulemaking, bypassing the legislative process. This approach was advocated in a 54-page report published by the liberal Center for American Progress in November. “Pushing back against the FCC will set the tone for the next two years about how aggressive the Obama administration can be in pursing regulatory regimes. This fight is the first opportunity for Congress to show whether it has the will to stand up to these executive branch power grabs,” Kerpen said.
[...]
Both Blackburn and Kerpen also mentioned the appropriations process as a safety net solution to impeding a regulatory onslaught, if legislative fixes fall short. “If the Congressional Review Act fails, we can look to appropriations to starve any funding for enforcement,” Kerpen said.

Totalitarianism Through Technology, Episode 1

Washington Set to Control Your Light Switch

The next step in Green won’t even require Congressional approval. The Department of Energy recently decided they have authority over appliances in your home.
[...]
Smart Grid sounds harmless and modern, but it will be incredibly intrusive. Appliances in the future will have microchips installed; when you plug them in, they will handshake with the grid, and a central authority will determine whether that appliance deserves to get power or not. If a bureaucrat in Washington decides that it’s not hot enough for you to put on the air conditioner, your air conditioner will not work. If the Fed decides that Margaritas lead to too much trouble on Cinco de Mayo, all blenders can be disabled for the day.

They can also turn off radios, televisions and computers. In the era of electronic information, restricting the freedom of the press is as easy as turning off the light. The idea is to conserve power, but a Smart Government will be able to use the technology to retain power as well.