Update on the Plans for a National ID

Friday, September 11, 2009

Update on the Plans for a National ID

Either government controls the people or the people control the government

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 (which eavesdropped on American citizen's phone calls, intercepted emails and monitored financial transactions). The FBI abused National Security Letters. DHS's Mocny conceded that the DHS can and will ignore federal privacy laws.

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.

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.

Source: Campaign For Liberty: Update on the Plans for a National ID

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Top 11 Reasons You Should Fight Hate Laws

Unless we resist now, a thought crimes bureaucracy like those regulating Australia, Canada and Europe will soon rule America. In these nations, federal hate laws have destroyed citizens' rights to free speech. Punishment of politically incorrect bias is the ultimate goal of this legislation.

A national hate law would shatter Americans' First Amendment rights, which are now sadly unique among Western democracies. We would lose our precious freedom to express politically incorrect ideas, moral judgments, or whatever personal convictions the reigning thought police deem "hateful."

Think this can't happen in America? Think again.

Hostile work environment law and campus speech bans already severely curtail free expression in American workplaces and universities. A US federal hate law would follow the examples of Europe, Canada, and Australia where Christian pastors have been indicted simply for quoting politically incorrect Scripture in their sermons. Iceland's Orwellian hate law, for example, promises two years' jail if you verbally "insult" a person on the basis of their nationality, skin color, race, religion, or sexual orientation.

If a federal hate law were passed, free expression across the political spectrum would be threatened. What would happen to blasphemous art like Piss Christ or South Park, to Ann Coulter or Al Franken, to Christians protesting sodomy or homosexuals attacking the Bible? Every American, from left-leaning feminists to red state Republicans, should protest "anti-hate" legislation. If Rosie O'Donnell were an Icelander, she could have been prosecuted for verbal "assault" for her recent statement that radical Christianity is as dangerous as radical Islam. Political activists in nations with hate laws have already been indicted for criticizing Islam, Zionism, and homosexuality. Hate laws threaten your freedom to speak your mind, no matter what's on it.

Here are some of the most powerful, bipartisan reasons to fight this legislation.

1. Speech bans are a political weapon used by those in power to silence their opponents and politically unpopular minorities.

Hate laws empower the government to enforce the orthodoxy of whoever happens to be in charge. The government can define which biases or "hatreds" are unacceptable and which are okay. For instance, hate laws in our PC age allow women to derogate men but would silence men from legitimate (though possibly hurtful) speech like a discussion of biological gender differences.

In 2004 Swedish feminist Joanna Rytel wrote a hate-filled screed published in a major daily. Her article describes white men as arrogant, sex-obsessed and exploitative, explaining that Rytel just wants to "puke" on them. Stockholm authorities refused to indict Rytel under their hate law, saying it was passed to protect ethnic minorities, not white Swedes. This is one example of speech bans' uneven enforcement; they are used to punish certain kinds of hate and allow others.

Because almost every exercise of free speech offends someone, government officials would end up enforcing speech bans on the basis of their own bias. Speech bans simply can't be evenhanded unless everyone is shut up altogether.

In the real world, speech can and does wound. That's a cost of life. We naturally resent painful realities like economic competition, unfair comments, and hard work. But in each case, the cures we've tried were far worse than the sickness. Speech bans might censor some hurtful speech but would empower government to silence minorities and strip the intellectual marketplace of legitimate and needed expression-the kind that creates positive, social change precisely because it is minority and challenges the sins of the group.

2. Hate speech bans don't work.

Genuine racism and false hatreds exist in this world. Bans on hate speech, however, won't solve the problem. If you only break off a tick's body, its head will burrow deep beneath the skin. The only effective response to bad ideas is the truth. We should combat falsehoods with more and freer discussion, not less.

3. Hate laws aren't necessary.

ADL claims an epidemic of hate sweeps America that can only be fought with stiffened penalties for bias-driven crimes. Yet the FBI's 2005 Uniform Crime Report shows alleged hate crimes form a tiny 1/15 of 1 percent of all crime in America. Law enforcers' time would be far better spent fighting the 99.85 percent of crime that's happening every minute across our nation rather than getting entangled in discerning and testifying against the perceived motivations of a tiny minority of criminals.

Hate laws would require vast government bureaucracies, complicate law enforcement, and distract police and prosecutors from dealing with actual physical crimes. Government and law enforcement should focus on criminal acts, not words or motivations, in a nation where someone is murdered every 22 minutes, raped every 5, robbed every 49 seconds and burgled every 10 seconds. Discerning and prosecuting criminal motivations would only be a good plan if law enforcers had God's omniscience and time to waste. Ours have neither.

4. Hate speech bans are unconstitutional.

Because the First Amendment underwrites our most precious civil liberty, the US Supreme Court has repeatedly ruled against speech bans. In 1972 the Court declared, "[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its contents." (Police Department of Chicago v. Mosley, 408 U.S. 92)

Some forms of speech are restricted; these include threats and "fighting words" that incite "an immediate breach of peace." But these restrictions are (and must remain) extremely narrow and content-neutral-the government is not allowed to censor speech based on the viewpoint it expresses but only on whether it constitutes an immediate threat. Hate laws, however, would punish the viewpoints expressed in speech, in violation of the Constitution.

International use of ADL-designed hate laws shows that the first kinds of speech to be sanctioned are extreme right, white nationalist speech and Holocaust reductionism. The average person is slow to defend such speech. But hate laws quickly broaden to punish forms of expression the average citizen would never dream of stifling. Sweden's 2002 modified hate law, for example, explicitly exposes Christian sermons to prosecution!

All forms of controversial political and religious speech are potentially vulnerable to prosecution under hate laws. This contradicts Supreme Court Justice Holmes Jr. who said in 1929, "[I]f there is any principle of the Constitution that more imperatively calls for attachment [loyal defense] than any other, it is the principle of free thought-not free thought for those who agree with us but freedom for the thought we hate."

5. Speech bans will be used against the very minorities they were meant to protect.

Speech bans silence some to protect the feelings of others. But when the government has power to silence expression that power can be wielded against the very people who once enjoyed its protection. Liberals, the champions of unrestrained speech in the 1960s, now vote as a bloc in Congress to support speech restrictions. Yet already in countries such as Canada, England and Australia, leftist critics of Islam have become the victims of hate laws, indicted for religious "hate speech."

Leftist artists Rowan Atkinson and Salman Rushdie realize hate laws don't just threaten white nationalists like David Duke but liberals as well- they recently fought for revision of Britain's hate law because it could be used to outlaw art that blasphemes or criticizes religion. Atkinson and Rushdie are just a few of hate laws' leftist critics who know that persons of all political persuasions have a stake in defeating this legislation.

6. Speech bans chill legitimate and valuable speech.

Under the threat of possible indictment, many people will refrain from discussing controversial but important ideas. Speech bans are often broad and vague, leaving citizens unsure what might get them hauled into court.

This is what has happened in American workplaces, where hostile work environment law has left many employees unsure what they can say. Many Americans avoid all controversial speech and voluntarily refrain from exercising First Amendment rights at work. Hate laws would extend this dangerous minefield to the national political scene.

Legal philosopher Edmond Cahn points out that speech bans would leave our bookshelves empty. "[T]he officials could begin by prosecuting anyone who distributes the Christian gospels, because they contain many defamatory statements not only about Jews but also about ChristiansThen the officials could ban Greek literature for calling the rest of the world "barbarians." Roman authors could be suppressed because when they were not defaming the Gallic and Teutonic tribes, they were disparaging the ItaliansThen there is Shakespeare, who openly affronts the French, the Welsh, the Danes" (Beyond the Burning Cross, E. Cleary, Random House, 1994)

7. Speech bans greatly reduce the possibility of healthy, democratic change.

Criminalizing speech that expresses "hate" or "bias" would require us to outlaw history's most valuable speech, especially the political and religious speech that threatens social stasis and ignites progress.

Aggressive speech is often the only tool available to political, social, or religious minorities whose access to government lobbying and mass media is limited. Those agitating for social change often need to use inflammatory and even "hateful" language to startle the public into hearing their message. Socrates compared himself to a horsefly biting the lazy flanks of his republic. We should certainly know enough by now to prefer the annoyance of stinging speech (even when we don't see its value) to a tyrannical majority that plods, unchallenged, toward slavery.

Americans are so used to our mudslinging, no-holds-barred political discourse that we find it hard to envision the way freedom of speech could disappear. But the freedom we enjoy is extremely rare in history, and quickly lost. Free expression for intellectuals is the first thing to go when tyrants rise to power; the history of oppressive regimes makes it clear that freedom of political speech is a delicate exception and the overarching tendency is for majorities or elites to get power and silence all opposition.

8. The government's interest in reducing violent crime does not outweigh our interest in preserving civil liberty.

Hate law advocates including the ADL argue that hateful speech incites violence, and appeal to the government's interest in reducing violent crime. But it would be unfair to ban, for instance, white racist speech or Christian sermons against homosexuality without also banning the plethora of other speech that might incite crime. Gangsta rap and videogames would be open to censure; we would also have to ban pornography, especially sadomasochistic porn, which certainly inspires violence against women.

Yet bans against these kinds of speech have been repeatedly declared unconstitutional. The government has an interest in lowering violent crime of all stripes but has always found the value of the First Amendment to be greater. It's unjust to argue that a few kinds of speech must be banned because they possibly incite violence (e.g., criticism of Jewish actions or homosexuality) yet permit huge categories of speech (violent sexual entertainment) that do the same. This would happen, however, under hate laws' unequal and partial enforcement. The ADL is not truly driven by the desire to reduce violent crime but rather to enforce a social and political orthodoxy.

Instead of passing a hate law that would shatter the First Amendment and impossibly complicate law enforcement, people concerned with hate-driven crimes should focus on improving our existing justice system and making sure hard crimes don't go unpunished.

9. Speech bans are offensively paternalistic.

They presume we can't think for ourselves, reject racist or hateful ideas for ourselves, or deal with the hurt caused by others' free expression. Are we such children that we need the government to cover our ears? Speech bans especially condescend toward the minorities they portray as helpless victims whose feelings must be sheltered from ideas they can't combat in a free intellectual market.

10. Speech bans permit government to do something an individual could not morally do.

Frederic Bastiat's classic treatise on The Law says government exists only to prevent injustice by defending our basic rights to person, liberty, and property. Government does not exist to guarantee our economic outcomes, redistribute our wealth, or protect our psyches. Speech bans would empower government to silence individuals by force. This is immoral whether it's one person silencing another person or the government silencing a fringe group of dissenters. Human fallibility requires at least enough humility to allow others to question, challenge, and dissent from our ideas. John Stuart Mill explains, "If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind."

11. Speech bans deny self-determination and individual freedom by criminalizing self-expression.

By censoring speech, hate laws censor thought and restrict our access to ideas. This is the essence of mind control. They deny the personal growth that comes from sharing ideas-including hateful, prejudiced, or false ideas-and having them challenged in a free intellectual marketplace.

Hate law speech bans have been repeatedly declared unconstitutional and would rend the very foundation of our freedom and democracy. Far from combating hate, The Local Law Enforcement Hate Crimes Prevention Act is actually the most hateful and enslaving legislation to ever reach Congress; it would invade states' rights in law enforcement, enabling a hate crimes bureaucracy to police our thoughts and expression. Government could censor by force all speech that dissents from the reigning orthodoxy. Every American must speak up now in defense of the freedom for which our forefathers gave their very lives.

Freedom of expression is one of the most fundamental rights that individuals enjoy. It is fundamental to the existence of democracy and the respect of human dignity. It is also one of the most dangerous rights, because freedom of expression means the freedom to express one's discontent with the status quo and the desire to change it. As such, it is one of the most threatened rights, with governments - and even human rights groups - all over the world constantly trying to curtail it.

Make your voice heard today or it will be silenced tomorrow.

Fredrick Douglas

"Those who profess to favor freedom, and yet depreciate agitation, are men who want crops without plowing up the ground. They want rain without thunder and lightning. They want the ocean without the awful roar of its waters. This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle! Power concedes nothing without a demand. It never did, and it never will. Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress."

Friday, September 11, 2009