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Constitutional Alliance

A Surveillance Society or a Free Society?

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A Surveillance Society or a Free Society?

By Mark Lerner, for the Constitutional Alliance, Inc.

The Big Question - should government control the people or should the people control government?

Orwell’s prediction of a future big brother government came true.  Whether acknowledged or not, Americans now live in a surveillance society.

Most of that American public falls into one of the categories the Department of Homeland Security (DHS) calls “potential threats;”   environmentalists, animal lovers, anti-war protestors, pro-lifers, evangelical Christians, observant Jews, Constitutionalists, returning veterans, and third party candidate supporters are all  “potential domestic terrorists.”

Just how far is the American public willing to let the government go in order to assure public safety? Do the people want the police on every block, all emails read by the government, phone calls overheard, or every financial transaction monitored?  Do the people want sensors placed in cities that detect how much an individual perspires, in order to assess and monitor supposed guilt?

How about computer software programs that decide whether or not the way people walk or dress presents a threat to the government?  In Britain citizens are captured on surveillance cameras an average of 300 times a day; does the American public want to be subjected to this level of scrutiny? 

The Real ID Act 2005 mandated that facial recognition technology be used for all drivers’ license photos; facial recognition, a biometric, measures distances between facial characteristics - specific parts of the mouth, eyes, nose and so on – and digitizes this information.  Using this technology, each citizen would be enrolled into a single global biometric identification system.

No matter where a person is - Oklahoma City, Oklahoma or Paris, France – that person can be identified with the use of facial recognition technology.  Closed circuit television cameras/surveillance cameras (CCTV) and linked computer systems make possible remote surveillance and global information sharing.

The “standard” for the digital facial image/photograph in the Real ID compliant driver’s license was contained in the Notice of Proposed Rulemaking for the Real ID ACT 2005. This “standard” is from the International Civil Aviation Organization (ICAO), an agency of the United Nations.

The Real ID Act 2005 has not yet been implemented -   26 states have rejected this federal law and have said “No” to this act.

The Real ID Act is but one of the many laws, programs and initiatives that have one thing in common: track, surveil, and control.  Government tells the people these laws, programs and initiatives are needed “to protect” them and that giving up privacy, freedom and mobility are small prices to pay for security. When did rights become privileges?

A rare agreement: Both the American Civil Liberties Union (ACLU) and the American Center for Law and Justice (ACLJ), representing the left and the right, stand opposed to the federal Real ID Act of 2005.

Who redefined privacy?  It is one thing to believe that people should have no expectation of privacy when in public; it is another to say when in public, technology will be used to identify and profile people, without their knowledge or consent.

Courts have gone too far when they rule that a police officer does not need a warrant to go onto private property, install a GPS device on a vehicle, and track both car and driver wherever.

 Are Americans so afraid that they are not willing to accept some risk in order to preserve freedom?  Isn’t it time the discussion took place on the growing surveillance and monitoring of the American public?

What about the time-honored presumption of innocence?

 Americans have the responsibility to pass on to their children and grandchildren the rights, liberty and freedom that so many sacrificed for, in order to live in a free society.  Americans have the responsibility to resist a surveillance society, which is contrary to those rights, that liberty, and that freedom.

The men and women in law enforcement, the military, and in intelligence agencies commit to upholding the U.S. Constitution.  They share in the responsibility of protecting those rights, that liberty and that freedom.

It is time for American public to put aside partisan differences and decide if they want government to control the people or the people to control government.

Media has a responsibility to facilitate such a discussion.  Just as the American public must put aside their partisan differences, so too must the media.   Mr. Olbermann, Mr. Matthews, Ms. Maddow, Mr. Hannity, Mr. Beck, , Mr. O’Reilly, Mr. Dobbs, Mr.Sanchez, what say you?  Each of you is an intelligent individual.  The public may not agree with each of you on every subject but on the issue of protecting our liberty, rights and freedom nearly all citizens would agree it is time to have the discussion we propose.  Which of the aforementioned hosts have the courage to have the discussion on their show?

Healthcare, immigration, wars, the economy, terrorism, corruption in government, unemployment and other issues are all very important issues.  Which of these issues should take precedent over a discussion concerning our civil liberties in the context of national security?  If not now, when?

The Constitutional Alliance will be issuing a call for action alert next week.  In this alert we will be asking every organization, group and citizen to stand with us demanding such a discussion as we propose take place immediately.  We expect every group from the “far” right to the “far” left to stand with us.   We have already started contacting potential panelists for such a discussion.  These panelists are well respected and represent the views of many on the right, left and in the middle.   The federal government and more specifically the DHS would be expected to participate in the discussion.

Let’s get down to brass tacks and stop the name calling, insults and playing of the “blame game” long enough to have a serious discussion about where we are headed as a country.  What type of society do we want to leave for the children of today and the children of the future? 

 

 

Either Government Controls the People or People Control the Government

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http://homelandsecuritynewswire.com/single.php?id=8666 

 

http://homelandsecuritynewswire.com/single.php?id=8700

 

Once again, security for the country is what we are told is the motivation for allowing the government the capability to listen to phone calls or monitor our emails.  We are asked to believe that agencies and departments of the federal government will not use all the tools in the technological cookie jar that Congress has provided. 

 

I am bewildered as to why anyone would trust that the NSA, FBI or DHS will start obeying the law.  The FBI scripted their own version of FISA (eaves dropped on American citizen's phone calls, intercepted emails and monitored financial transactions) http://government.zdnet.com/?p=4296  The FBI abused NSL's http://altnews.com.au/drop/node/6479 DHS's Mocny conceded that the DHS can and will ignore federal privacy laws.

http://gcn.com/articles/2006/11/29/dhs-floats-proposal-for-global-envelope-of-terrorist-info-sharing.aspx 


The Stop Real ID Coalition and the Constitutional Alliance work around the clock attempting to stay current on the laws, initiatives and programs that impact our freedom. 

 

If as a country, we make a conscience decision not to accept risk but rather "at all costs" institute any and all measures that might protect us from a terrorist attack, we will not remain a free country.  We must be willing to accept some risk if we are to preserve our liberty, rights and freedom. 

 

Make no mistake about it-As a country we are giving the federal government the laws and tools (technology) to control us.  We have not learned the lessons of the McCarthy era.  We also have not learned from our experience while J. Edgar Hoover was the Director of the FBI.  We have not learned from the abuses of power witnessed under the Bush administration or those already taking place under the Obama administration.

 

I do not know what the "trigger" will be the provides government with the "excuse/reason" to take full control.  The trigger might be an economic collapse, a terrorist event, a pandemic or even a natural disaster.  The fact is a number of possibilities real or imagined exist that can be the trigger.  What I do know is once government has power it does not relinquish it.

 

We at the Stop Real ID Coalition and the Constitutional Alliance fully support the people in law enforcement, our military and our intelligence community.  We recognize the federal government has a responsibility to protect the citizens of the United States.  That being said, protecting does not equate to controlling.  We support state driver's licenses with document integrity.  We do not want to see counterfeit driver's licenses used to facilitate any criminal activity including acts of terrorism.  We have an alternative to the Real ID Act 2005, PASS ID Act and the REAL ID Repeal and Identification Security Enhancement Act of 2009

 

UPDATE ON SB1261 AND HR3471

 

There have been some articles about SB1261 (Providing for Additional Security in States’ Identification Act of 2009) or the PASS ID Act.  Very few people if any are talking about HR3471 (REAL ID Repeal and Identification Security Enhancement Act of 2009, short title).

 

What is important for all citizens to realize is the Real ID Act, PASS ID Act and the REAL ID Repeal and Identification Security Enhancement Act of 2009 all either do or will require that Americans be enrolled into a single global biometric identification system.  If one supports any of these bills then they support the federal government intervening in the issuance of state driver's licenses. 

 

I am absolutely besides myself attempting to understand why we are so blind about the power we are giving to the federal government.  The federal government has set 29% as being an acceptable rate to catch people and goods entering our country illegally through authorized Customs Border Patrol checkpoints.   http://homelandsecuritynewswire.com/single.php?id=8654   

 

If our government has the biometric information of terrorists then why not focus on terrorists at our checkpoints instead of all U.S. citizens?  If we do not have the biometric information of terrorists then why are we collecting the biometric information of American citizens? 

 

I get emails and telephone calls everyday asking me about the status of the aforementioned legislation. 

 

1)  PASS ID Act has passed with an amendment added, in committee (Senate Homeland Security and Government Affairs Committee).  It is my opinion that the PASS ID Act will be attached to other legislation before being heard by the full senate.  The Real ID Act 2005 was attached to other legislation (military spending and tsunami relief).  I believe PASS ID will be attached to an appropriations spending bill.  I do not believe the senate will take the time to debate PASS ID on its own merits.  Some will see the attachment of PASS ID to other legislation as a way to avoid debate or at least limit debate on PASS ID.  Others will argue attaching PASS ID to other legislation is a logical thing to do in order to best utilize the time the senate has to hear legislation.  In either case the result will be the PASS ID Act will pass in the senate.

 

2)  REAL ID Repeal and Identification Security Enhancement Act of 2009 (HR3471) has been referred to two house committees, the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary.  HR3471 repeals Title II of the Real ID Act 2005 just as the PASS ID Act does.  HR3471 will reinstitute section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004. 

 

Not confused yet?  The Pass ID Act calls for a non negotiated rulemaking process while HR3471 calls for a negotiated rulemaking process. 

 

The point is there is no way most people are going to understand the many nuances that are a reality when speaking about the path legislation can take to become law.  It is equally true that the rulemaking process is not easily understood. 

 

While the country is focused on healthcare, cap and trade, immigration and other issues the federal government is pulling the rug right our from underneath our feet.  The federal government has gone from protecting citizens to now wanting to control citizens. 

 

I have been on the phone all morning working with our contacts to open the door to my testifying in opposition to HR3471.  I have been put in contact with the people on "the Hill" that can make my testifying a reality. 

 

If we need the support of citizens to make calls we will put out an Action Alert. 

 

On a final note-HR3174, Photo Identification Security Act has been referred to the Subcommittee on Government Management, Organization, and Procurement.  HR3174 mandates that all federal agencies/departments and financial institutions require a Real ID compliant driver's license.  If Real ID (Title II) is repealed then HR3174 will be amended to change from Real ID to PASS ID or whatever replaces Real ID, compliant driver's license. 

 

At the very least we are asking that each person who reads this pass it on to everyone they are in contact with.  Even at this late moment we need the financial assistance of you, the people.  Please do not assume others will give.  We do not ask for or take funding from groups/organizations.  We rely solely on private citizens.  The Constitutional Alliance is a non partisan organization.  We are $2,500 short of having the funding to meet with certain cable TV producers and hosts (New York City) as well as going to Washington D.C..  If anyone knows of a person that can help us with the $2,500 please email me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it   We will provide whatever documentation is necessary to establish our credibility.  If needed we will go to the person.  The Constitutional Alliance is a non profit 501 (c) (3). 

 

Mark Lerner

Co-Founder Stop Real ID Coalition  www.stoprealidcoalition.com

Co-Founder Constitutional Alliance  www.constitutionalalliance.org

 

 


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National Press Club - Real ID Exposed