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Yearly Archives

2016

BlogFrom the Desk of Bob Barr

High Time to Privatize TSA

by lgadmin June 1, 2016
written by lgadmin

“TSA recommends passengers show up at least 48-hours early for flights,” writes Agent Smith of @TSAgov, a parody Twitter account lampooning the beleaguered Transportation Security Administration. However, when taking a look at the state of security checkpoints at airports across the nation — where recently wait times have stretched for hours, causing tens of thousands of passengers to miss flights — it is hard to see where parody ends, and actual security begins.

It is not as if the TSA has not been afforded ample opportunity to become the security clearinghouse for airports it was designed to be when Congress created the agency following the 9/11 terror attacks; but, 15-years and close to $100 billion dollars later, the agency just cannot get it right.

Frustration with the TSA, coming not just from passengers but from airline operators as well, has risen to an angry boil in the last few weeks as wait times for security have increased at some major airports well beyond the “arrive two hours early” recommendation. American Airlines announced last month that 70,000 of its passengers, and 40,000 checked bags, did not make it on to scheduled flights due to the TSA. “We have never seen TSA wait times that affect airlines and passengers throughout the United States like we have seen in recent months,” an executive from the airline told Congress in her testimony focusing on current travel woes.

The TSA’s response? Blame passengers for carrying more bags and, as expected, ask for more money.

It may be true that external factors such as increased airline travel and more passengers turning to carry-on bags to avoid checked bag fees have put additional strains on TSA resources; but the agency tasked with the very specific job of transportation security seems utterly incapable of adapting to even the simplest (and most obvious) security variables it can and should expect in the course of executing its duties. Much of this problem stems from the mismanagement of the agency that has been festering for years; an issue only recently investigated by the House Oversight and Government Reform Committee. In talking to numerous employees and officials, the House committee discovered an environment in which whistleblowers lived in fear of retaliation, and key leadership positions were filled with wholly unqualified individuals.

The House committee also noted the agency’s propensity for wasting taxpayer money on boondoggle projects; highlighting that it took nearly $50,000 to create a “randomizer” app for selecting passengers consisting of nothing more than a left or right arrow. Unfortunately, in TSA-world, this is on the low end of waste and abuse of the taxpayer. For example, the TSA spent more than $30-million on security scanners that were eventually removed from airports due to privacy concerns over the revealing images they produced. Furthermore, as I wrote last year, the TSA has dumped nearly a billion dollars into its Screening of Passengers by Observation Techniques (SPOT) program, which performs risk assessment on passengers using a “scorecard” of warnings signs such as “body odor” and “exaggerated yawning” – in spite of the Government Accountability Office recommending the program be defunded due to its absurdly unreliable methods and dubious results.

Yet, as Department of Homeland Security Secretary Jeh Johnson tells us, we should be giving the TSA more money if we want them to do what taxpayers have been paying billions for already. Actually, the opposite should happen.

Congress should abolish the agency and mandate that airports and airlines assume responsibility for security. The role of the federal government should be to set the security criteria to be met by commercial aviation airports; then have the airlines implement the standards; and finally ensure through reporting and monitoring that proper security checks are maintained and updated as needed to meet changed circumstances. Privatizing commercial air travel security will give the airlines and airports the flexibility and means to address changes to the security environment not possible when working under federal bureaucrats whose “solution” to every criticism is “give us more money.”

Only in the federal government is more funding and more power the answer to incompetence and mismanagement. Congress should refuse to play any further role in this security theater, and do what they should have done years ago – privatize the TSA.

June 1, 2016 0 comment
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Blog

Liberty Guard Opposes Funding for the REAL ID ACT

by lgadmin May 18, 2016
written by lgadmin

Liberty Guard Opposes Funding for the REAL ID ACT

 

5/17/2016

(Atlanta, GA) – Liberty Guard today announced its opposition to funding for the Real ID Act. .

The REAL ID Act gives broad latitude to the Department of Homeland Security (DHS), including the power to add to the list of “official purposes” for which a compliant ID is required, “all authority to issue regulations, set standards, and issue grants” toward compliance, and the power to determine whether a state is in compliance with the Act.

Liberty Guard has joined more than one dozen organizations opposing California’s funding of this ill-conceived federal mandate.

Bob Barr, Chairman of Liberty Guard, commented, “The Read ID Act represents a massive federal overreach, that raises serious problems for individual privacy and principles of federalism.” The program, Barr also noted, “should, not be forced onto states, and I am proud to join with other organizations that support privacy and liberty, and oppose funding for Real ID implementation.”

About Liberty Guard:

Formed in 2009 by Bob Barr, and supported by over 150,000 Americans across the country, Liberty Guard is dedicated to restoring and strengthening liberty against intrusions by government at all levels; including taking action against TSA privacy intrusions and ObamaCare. Liberty Guard remains committed to identifying and supporting policy, candidates, and causes which champion liberty and return our country to constitutional principles.

###

Contact:

Steve Thomas

703-819-0127

Support Liberty Guard by visiting libertyguard.org.

 

May 18, 2016 0 comment
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BlogFrom the Desk of Bob Barr

Obama’s American Vision — ‘A Shining Stall in the Restroom’

by lgadmin May 17, 2016
written by lgadmin

A long, long time ago, American presidents set lofty goals for our nation; a country they considered without question to be the most exceptional in the world. Presidents envisioned a young and daring nation expanding westward to uncharted territory; others led efforts to fight real wars and vanquish some of history’s most feared tyrants; and some sent Americans outside the reaches of the sky and onto the surface of the moon.

These milestones in our national history, as well as the once-manifest sense of American exceptionalism, inspired President Ronald Reagan to urge mankind to strive for that “shining city on a hill,” which people around the world and through the years saw as a model for human freedom and achievement. America’s sights were high.

How low our national gaze has fallen. Today, we have a President whose vision for 21st Century America extends no further than a “shining stall in the restroom.”

Rather than build and inspire a nation in the ways that presidents such as John F. Kennedy and Reagan did — reminding citizens of how much we have accomplished, and how much we still can achieve — President Barack Obama has spent his time in office shaming Americans about their past sins and present shortcomings. Now, in the twilight of his eight-year term in office, he has turned his gaze inward with a vengeance.

No longer is Uncle Sam focused on challenges that will inspire new breakthroughs in science, agriculture or educational achievement. He now is transfixed on . . . transgendered bathrooms.

The issue of transgender bathrooms is already embarrassingly questionable as a responsibility for even state and local governments; essentially a solution in search of a problem. And the federal government’s entry into the debate is perhaps the silliest cause célèbre Uncle Sam has ever taken on.

How many “transgendered” people are there impacted by laws such as North Carolina’s HB2; or, even more statistically negligible, incidents in which the bathroom choice of such individuals has required interdiction by the state? And where, in even the most expansive reading of the U.S. Constitution, might one uncover authority for the federal Departments of Justice or Education to demand of a local elementary school, a private business or a county government, that it open restroom stalls to whoever “senses” their gender dictates where they should relieve themselves?

Yet, we now have a President, an Attorney General, and an army of bureaucrats, who have decided they have nothing better to do than set a goal of mandating who can use a particular restroom on any particular day anywhere in America.

America’s Left should be (but is not) outraged that “social justice” buffoons, of which Obama seems to be obsessively focused on pleasing, have again hijacked the Democratic agenda; this time to do nothing more profound than change bathroom signs. However one might read what some liberals are saying about this move by the Obama Administration, you would be forced to conclude that the most important factor in determining whether a “transgendered” student succeeds in life is being able to relieve himself or herself in a particular restroom.

The inordinate attention paid to this particular issue, illustrates perfectly why we are failing to accomplish anything of significance at home or abroad. Our goals as a nation have fallen so low and become so shortsighted, we have settled for leaders with literally no vision beyond the lowest level of human action.

The absurdity of the position the Administration is taking by wading into the “transgendered bathroom” debate has caused it to tie itself in rhetorical knots. For example, as reported in the May 13th Charlotte Observer, the Justice Department “contends that sexual orientation is not a personal decision, but is based on an array of factors affecting an individual’s sense of gender.” What utter, nonsensical gobbledygook. Moreover, the inherent contradiction in this statement – claiming at once that sexual orientation is not a “personal decision” but yet depends on “one’s sense of gender” – obviously is too complex even for America’s top lawyer, Attorney General Loretta Lynch, to recognize.

In essence, what Obama, Lynch, and other high-ranking but low-thinking officials directing federal policy are asserting, is that federal law and our once-esteemed Constitution, now stand for the proposition that each individual can decide — based on nothing more than their “sense of gender” on any particular day — whether to use the men’s or the women’s restroom, secure in the knowledge that the full weight of the government of the United States of America will back them up.

May 17, 2016 0 comment
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BlogFrom the Desk of Bob Barr

Due Process 101 As Taught by Uncle Sam

by lgadmin May 4, 2016
written by lgadmin

The principle that every person in the United States is entitled by right to “due process of law,” is so firmly embedded in the legal and cultural fabric of our society, that it hardly bears reminding. Yet, if you happen to be a male student at any college or university that receives federal funds, and an allegation of sexual misconduct has been levelled against you, you quickly realize that “due process” is a luxury you no longer enjoy.

Thanks to the Obama Administration’s effort to institutionalize political correctness throughout our nation’s education system, “due process” for male college students has been redefined out of the college curriculum. Now, according to Due Process 101 as taught by the United States Department of Education, male college students are no longer “innocent until proven guilty”; they are simply “guilty if accused,” and “due process” is a one-way street favoring the accuser not the accused.

Two parents, however, have decided to take on the Obama Administration, and to give it a lesson in constitutional “due process.” Last month in my home state of Georgia, State Representative Earl Ehrhart and his wife, parents of a son who attends Georgia Tech, filed a Complaint in federal court in Atlanta.

The Ehrharts’ ground-breaking Complaint states that the U.S. Department of Education acted unlawfully and unconstitutionally when it asserted in a 2011 “Dear Colleague Letter” addressed to schools receiving federal dollars, that allegations of “sexual harassment” by a college student at any school receiving federal funds must be handled in such manner as to make it next to impossible for a male student thus charged, to defend himself. The threat to cut-off federal monies to any school not complying with the Dear Colleague Letter was thinly-veiled.

The Complaint describes how the Department of Education “has aggressively dictated how colleges and universities handle sexual assault and sexual harassment on campus,” and created a veritable kangaroo court for such crimes “based on the excessively low ‘preponderance of the evidence’ standard . . . as opposed to the ‘clear and convincing evidence’ standard traditionally used in college disciplinary hearings.” The consequence of these changes, the Ehrharts note, is “causing schools to brand more students ‘rapists,’” and placing further restrictions on the due process rights of the accused.

Sexual assault – whether on-campus or off — is a serious crime; and allegations of such need to be taken seriously, investigated thoroughly, and prosecuted where warranted. But there is a right way and a wrong way to pursue justice; a process that should not depend on whether or not a suspect is a student at a school receiving federal funds. The appearance and the substance of constitutional due process must be maintained for both the victim and the accused.

However, in the Bizarro World system of justice being pushed by the Obama Administration, the focus now is on simply making it as easy as possible to get a guilty verdict once an allegation of “sexual harassment” (defined very broadly) has been made. For male students accused of such conduct, the road to redemption is much like that traveled by thecharacter Andy Dufresne in the movie The Shawshank Redemption — a harrowing crawl to freedom that is exceedingly difficult, dirty, ugly, and something that will forever haunt them.

Male students are not the only victims in this drive for “social justice.” Ultimately, it is the American taxpayer who winds up footing the bill for each college and university having to establish a multi-tiered system by which to run roughshod over the rights of these students. Taxpayers must also pay the often massive legal fees incurred by the schools to defend the many lawsuits brought by families of students who had their lives ruined after being falsely accused in such a system. As noted in the journal, Insider Higher-Ed, several dozen such lawsuits are currently pending against universities by those wrongly accused.

As detailed also in the Ehrharts’ Complaint, the result of the undermining of fundamental due process on college campuses by the Obama Administration, is made worse by the fact that these changes should not have been implemented as they were in the first place. Rather than announce its plans in 2011 as standard rulemaking proposals — according to which public input is solicited and considered in a transparent and public process — the Department of Education rammed its plan through as a “Dear Colleague” Letter, with no meaningful opportunity for colleges or universities (or any other interested parties, for that matter) to comment.

Where the Ehrharts’ lawsuit goes from here, and whether other suits will follow, remains to be seen. However, at the very least, this courageous couple is setting an example for others, by standing up to bureaucratic bullies who seek to vilify male college students and undermine our Bill of Rights on the altar of political correctness.

May 4, 2016 0 comment
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BlogFrom the Desk of Bob Barr

Remember Isaiah – Gun Grabbers Never Rest

by lgadmin April 20, 2016
written by lgadmin

The prophet Isaiah, in one of his many insights on human nature, warned us in Chapter 57, Verse 20 in the Old Testament book bearing his name, that the wicked never rest. He likened them to “the troubled sea . . . whose waters cast up mire and dirt.”

So it is with gun-control advocates in 21st Century America, who continue to stir their toxic potions formulated to undermine our constitutionally-guaranteed right to keep and bear arms. Unfortunately, with so much of the nation’s media and political attention focused on matters involving convention delegate counts, primary vote results, and Donald Trump’s latest hissy-fit-of-the-day, much of what the Left is doing to weaken the 2nd Amendment receives far less attention than it should.

The latest venue in which the gun grabbers have opted to ply their trade, is a piece of real estate so small and far-removed from the mainland, that few Americans could find it on a world map even if offered a winning lottery ticket to do so.

The Northern Mariana Islands, one of only two territories designated as a “Commonwealth” for purposes of U.S. sovereignty (the only other one being Puerto Rico), is a small chain of islands in the Pacific Ocean. The territory’s last brush with mainland recognition was in August 1945, when an airstrip on the island of Tinian served as the takeoff-point for the “Enola Gay” on its bombing run to Hiroshima. Now, 71-years later, The Northern Mariana Islands are home to one of the latest assaults on the right to keep and bear arms.

Just last month, a federal judge ruled that the Commonwealth government’s strict gun ban was unconstitutional. To retaliate, the legislature mandated that a $1,000 tax be paid by any purchaser of a handgun. Governor Torres puffed out his chest and declared his hope that this confiscatory action would serve as a “role model” for other states and municipalities.

This action by the Mariana Islands is by no means the first effort by anti-Second Amendment governors and legislatures to ban or limit possession of firearms by levying excessive taxes, though it is the most severe. And, even though the tax likely will be stricken down once challenges work their way through the federal legal system, the burden on those citizens of this Pacific Ocean Commonwealth wishing to purchase a handgun is very real.

Here in the continental United States, three months ago the city of Seattle in the state of Washington reaffirmed its long-standing aversion to the Second Amendment by enacting a $25 tax on each firearm purchase, and a tax of two to five cents on every round of ammunition sold. Officials in Cook County, Illinois, another notoriously anti-gun jurisdiction, are gleefully waiting for June 1st, when a per-round tax on ammunition goes into effect there.

Meanwhile, across the continent in Connecticut, a state court judge decided last week that federal law has no applicability in that state; at least if the law in question serves to protect firearms manufacturers and retailers against lawsuits based on the unlawful use of the firearm by a purchaser or subsequent user. The fact that the federal law provides to firearms manufacturers and retailers nothing more than the same level of protection afforded manufacturers and retailers of virtually every other lawful product made or sold in the United States, mattered little to the local judge.

Presidential candidate Hillary Clinton has long-advocated for a national, 25% sales tax on firearms purchases; and routinely takes her Socialist opponent, Sen. Bernie Sanders, to task for not kowtowing just as strongly as she to the anti-gun agenda. For the most part, however, these and other continuing challenges to one of our most basic liberties remain under the radar in this presidential election cycle.

Fortunately, Republican candidate Ted Cruz has not taken his eye off the target even as he fends off Trump’s constant rantings that he is “stealing” delegates from the New York billionaire. Last week, for example, Cruz joined with Sen. Mike Lee of Utah and introduced a Senate bill, to rein in the notorious Obama Administration initiative known as “Operation Choke Point.” The Cruz-Lee legislation would stop federal agencies from abusing their power by pressuring banks and other financial institutions to cut off credit and other financial services for businesses that deal lawfully in firearms and related products; which is precisely what the Obama Administration has been doing for years.

The sooner broader attention can be focused on these and other gun-control efforts this campaign cycle, the better the chance we can defeat them before lasting damage is done to one of most cherished and important civil liberties.

April 20, 2016 0 comment
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Blog

PRESS RELEASE: LIBERTY GUARD SCORES ALL REMAINING CANDIDATES ON LIBERTY ISSUES (UPDATED)

by lgadmin April 13, 2016
written by lgadmin

2016 Scorecard (Revised)

April 13, 2016 0 comment
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BlogFrom the Desk of Bob Barr

True Border Security is Not About the Wall, It is About the Will

by lgadmin April 13, 2016
written by lgadmin

Last month, two men were caught on video climbing over the border wall with Mexico and into the United States, carrying with them two large back packs apparently loaded with illegal drugs. The climbers, who were also caught on government surveillance approaching the wall in Mexico before even setting foot on it, easily scaled down into the U.S. within a few yards of not one, but three U.S. Border Patrol vehicles. The Border Patrol officers, although clearly aware of the illegal fence climbers, did nothing. The men re-scaled the wall back into Mexico only after realizing a media crew was filming their escapade.

Such events appear to be “business as usual” at America’s southern border; reflecting a “hands-off” mentality by federal border agents that dramatically undercuts the federal government’s avowed commitment to stop illegal border crossings. It also lays bare the argument that building a wall along our border with Mexico “secures” the border. Clearly it doesn’t; and it will not until Uncle Sam develops the will to stop illegal border crossings.

The ineptitude on display last month brings to mind another botched “border control” operation by this Administration a few years ago — “Operation Fast and Furious” — in which the Bureau of Alcohol, Tobacco, and Firearms, intentionally allowed firearms to be purchased by known Mexican drug members in the U.S., and then shipped back to Mexico where, in theory, they would be tracked. Due to reasons that can only be attributed — charitably — to bureaucratic incompetence, the guns disappeared; that is, until one showed up at the scene where U.S. Border Patrol Agent Brian Terry was shot to death.

Tragedies such as Operation Fast and Furious, as well as the Border Patrol’s passive attitude towards stopping flagrant criminal activity, illustrates a problem rooted far deeper than the prima facie absurdity of Obama Administration policies. It reflects a fundamental unwillingness by federal law enforcement agencies to do their job. The question is not are we lacking a high-enough wall, but do we lack the will.

The worsening problems at the border is perhaps the single-most important factor in the rise of Donald Trump as a competitive presidential candidate in 2016. However, though Trump may be the loudestand shrillest voice on border issues, he still, like so many other candidates and office holders, is missing the forest for the trees when it comes to illegal immigration.

Trump and those who share his views on border security focus almost exclusively on the physical aspects of the issue; higher walls, more border patrol agents, and more money. While money, equipment and personnel certainly are important elements of a comprehensive border security program, they are wasted without a true commitment on the part of officials from the President down to agency heads, to actually use those resources to do the job.

The key to “securing the border” lies not in physical security, but in policy security; and without the will to stop illegals from coming in, and until we stop fretting about the risk of “someone getting hurt if our law enforcement officers do their job,” illegals will continue to pour in regardless of the physical obstacles, barriers, and deterrents we place in their way. No number of federal agents assigned to the border, and no amount of blustering from Trump about “growing [the border fence] ten feet higher,” will make a noteworthy difference if we on this side of the wall lack the courage to stop illegals before they ever put their first foot up to climb, or as soon as they touch down on our side.

First, we have to reverse the mixed messages of the Obama Administration to Latin America regarding illegal immigration, and take a strong stand that our borders actually mean something, and that those attempting to enter the country illegally will be sent back, pronto. We must back up this message by ending the absurd “catch and release” programs that kill the morale of Border Patrol agents and continue to demonstrate that we are not serious about stopping illegal immigration. Finally, we must address the economic incentives for illegal immigration by making clear to states and cities that federal funds cannot be used to subsidize pro-illegal immigration agendas of liberal local and state governments. This means Zero Tolerance (and zero federal money) for so-called “Sanctuary Cities.”

To accomplish these things, Republicans must resist the easy route of responding to populist calls for expensive, temporary “fixes,” and focus on the much harder task of reversing Washington’s current attitude towards immigration; replacing it with one that shows we have the courage to protect our borders. In the absence of such a commitment, individuals and government leaders “South of the Border” will continue to laugh at us to our face.

April 13, 2016 0 comment
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BlogFrom the Desk of Bob Barr

The Sissification of Academia

by lgadmin April 6, 2016
written by lgadmin

For decades, liberals have forewarned the destruction by conservatives of their Ivory Towers of academia. They whine that conservatives are out to “starve” educational institutions by cutting their bloated, taxpayer-funded budgets; they blame conservative opposition to their precious Common Core scheme as “paranoia,” and they defend teacher unions to the death.

However, it is not the Tea Party, Republican governors, or homeschool families that liberals should fear. The single biggest threat to the ivory bastion that is Big Academia is the students whose very minds liberals have spent decades molding with their meticulously-crafted indoctrination.

Since the 1960s, when liberal activism was characterized by nuclear disarmament peace marches, sit-ins, and anti-Vietnam war protests on campuses from Columbia to Berkeley, liberals have used educational institutions to push their globalist, Big Government agenda into highly impressionable students under the guise of a “liberal arts” education. Today, not much has changed, except for one thing: whereas in recent years it has been primarily administrators and faculty members leading the leftist movements on campus, including cracking down on conservative thought, it is now students who have seized the reins.

What they have wrought is intimidating professors and administrators at major universities from Missouri to Georgia.

Fueled by modern progressivism and cutting-edge technology, today’s students are more militant, and have a far shorter “fuse,” than their professor predecessors. They join only with those who agree totally with their radical agenda and tactics, and demonize everyone else; including the very professors and administrators who once saw these students as their most prized accomplishments. “Things have changed since I started teaching, [t]he vibe is different,” writes a self-described “liberal” college professor, understandably under a pseudonym. “My students sometimes scare me — particularly the liberal ones.”

The latest incident at Emory University, a once-esteemed institution in Atlanta, demonstrates just how unhinged these students have become. When chalk messages supporting GOP presidential candidate Donald Trump appeared on campus sidewalks, rather than ignoring them, or even taking the simple step of using a bottle of water to remove the messages, students organized protests. They quite literally cried out to the Administration that they were “in pain,” and felt “threatened” by the scribbles. The sane response by the Administration would have been to tell the students to “grow up.”

However, in the wake of Missouri University President Tim Wolfe having been pressured to resign last year, after “failing to do enough” to appease student members of the Black Lives Matter social justice movement, it is clear who now has the upper hand; and it is not Emory President James Wagner. Wagner prostrated himself and declared the University would be “taking a number of significant steps” to respond to the Little Darlings in his care. Steps like what — banning college students from possessing chalk, and declaring the campus a Chalk-Free Zone?

Apparently this is what higher education has been reduced to — a four-year incubator for premature adults. Emory’s pathetic response to the Great Chalk Terror underscores how far it has sunk already.

A classical education necessarily requires an environment in which students are forced to study, to learn, and to question ideas and beliefs as a method of teaching them how to “think.” This simply is not possible in an environment where uncomfortable or controversial speech is not only eschewed, but punished.

The darkness at the end of this tunnel will be campuses devoid of independent thought; where the only acceptable speech and behavior is that pre-approved by committees of timorous regents and educators, under the watchful eyes of radical student overseers. It will be a Bizarro World in which students will spend up to $200,000 or more to graduate; knowing much about “gender types”and “white guilt,” but nothing of the genius behind the making of our Constitution or of the rewards of hard work and perseverance that drove Thomas Edison or Albert Einstein.

Should university administrators and state boards of regents fail to regain control of their institutions, state legislators should begin seriously to cut taxpayer funds to public institutions that refuse to fulfill their foundational purpose of actually educating students.

In the meantime – and thankfully — students for whom college is still about challenging ideas, learning to think, and how to create, have at least one defender in their corner. The Foundation for Individual Rights in Education (“FIRE”), founded by Alan Kors and Harvey Silverglate, actively defends the First Amendment rights of students and faculty on college campuses across the U.S. And, recently, they have been busy.

The defenders of the Constitution at FIRE will be even busier in the wake of the Great Emory Chalk Scare. Already, Chicken Little administrators at the University of Kansas are fretting over how to protect their Little Darlings from a couple of scary Pro-Trump chalk messages that appeared on the sidewalks in their “Safe Space.”

April 6, 2016 0 comment
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BlogFrom the Desk of Bob Barr

Government Case Against Apple is “Pure Applesauce”

by lgadmin March 2, 2016
written by lgadmin

“The Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.” These were not the words of a radical social justice warrior from “Black Lives Matter,” or even a liberal Democrat in Congress. They were the deliberate and percipient observations from one of the most substantive and constitutionally faithful of Supreme Court Justices  — the late Antonin Scalia.

The tragedy of Scalia’s untimely passing is amplified by the need for voices such as his in the current fight between iPhone manufacturer Apple and the federal government, over forced access to an encrypted phone belonging to one of the dead San Bernardino terrorists. The government claims its demand that Apple break into the phone by overriding the built-in privacy protections is “reasonable” and necessary in order to protect national security. Apple maintains what Uncle Sam demands is not reasonable; and would establish a precedent that would result in harm to the company, its millions of customers, other U.S. manufacturers of “smart phones,” and ultimately the U.S. government. One can almost hear Scalia’s voice calling the government’s case against Apple, “pure applesauce.”

Before digging deeper into the government’s current dust-up with Apple, it is important to note that this fight is nothing new; it is simply the latest chapter in a decades-long push by Uncle Sam to gain access to Americans’ digital technology and place this booming sector of our economy under its thumb.

In 1994, for example, Congress passed the Communications Assistance for Law Enforcement Act (CALEA); which for the first time forced telecommunication carriers and manufacturers to deliberately modify their communications platforms and hardware for the sole purpose of facilitating the government’s ability to surreptitiously monitor communications made over those networks. The government (in particular the FBI), not satisfied by merely having a “back door” built into digital communication platforms for its convenience, also pushed Congress for legislation that would force private companies to provide encryption “keys” so that, if necessary, it always has a way to access the data on those networks. In those pre-911 days, Congress resisted such unnecessary and improper power grabs.

What makes the current debate with Apple different and more alarming, is that the government is for the first time demanding that a company actually invent a way to defeat the very encryption safeguards it builds into the devices it sells. Attorney General Lynch has taken to citing an obscure law, the All Writs Act of 1789, to justify this unprecedented exercise of power to compel companies to do the government’s work for it.

The debate over Apple’s reluctance to cooperate with government demands has to some degree been intentionally obfuscated in a swirl of techno-jargon about “encryption keys,” “brute force access,” and “backdoors.” Although these may be accurate details about the technical aspects of the debate, they have little relevance to the more important policy and constitutional impact of what is at stake. The question is not whether Apple can break its encryption; it could. Rather, the singularly important question is whether it should. And, the eventual answer to this inquiry will be a watershed moment for personal privacy in the digital age.

Since the government views providing access to data – even more than the data itself — as a duty no private citizen or company should have the power to resist, the feds characterize the current debate as a “minor” technicality. This is why it portrays Apple’s opposition to what it describes as a one-time-only solution to breaking the encryption on a single iPhone, as unpatriotic and shortsighted. Apple, and many Americans for that matter, view the government’s demands as something far broader and more important than a single, technical-assistance request in a single criminal investigation.

The true value of Apple’s encryption is that, as a manufacturer, it does not compromise its integrity for any reason. That’s the shield. As soon as they do it once, the shield is pierced and is made worthless, and there is nothing to stop others, including governments, from demanding access based on lessening degrees of “extraordinary circumstances.” One need only look to the USA PATRIOT Act, which frequently is employed but only rarely for terrorism investigations, to see this maxim in action.

Subsequent demands to access encrypted data will come not just from the U.S. government, either. Russia, China, and any foreign country willing to act as a proxy will not hesitate to use this precedent to search the phones of American business executives they suspect of “spying,” or some other fabricated offense – for the sole purpose of using the data it gathers to its economic, military or internal security benefit. Furthermore, the technology used to defeat security will not remain a secret for long; it will be only a short time before private, non-state actors coopt the anti-security measures for hacking private data.

This is precisely why the Apple debate is not just about one dead terrorist’s phone; the precedent set here will impact anyone who shares information digitally.

The good news is that, initially, a lower court has looked with suspicion at not just how the government is rationalizing its authority, but to what it inevitably would lead. “In a world in which so many devices, not just smartphones, will be connected to the Internet of Things,” writes U.S. Magistrate Judge James Orenstein, “the government’s theory that a licensing agreement allows it to compel the manufacturers of such products to help it surveil the products’ users will result in a virtually limitless expansion of the government’s legal authority to surreptitiously intrude on personal privacy.”

Unfortunately, Judge Orenstein’s correct analysis is being shouted down by government lawyers, political candidates, and most mainstream media outlets, more concerned with playing on fear of terrorism than with protecting individuals against Big Brother’s insatiable thirst for power and information.

Originally published here via townhall.com

March 2, 2016 0 comment
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PRESS RELEASE: LIBERTY GUARD SCORES ALL CANDIDATES ON LIBERTY ISSUES (UPDATED)

by Liberty Guard Author February 29, 2016
written by Liberty Guard Author

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February 29, 2016 0 comment
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