OK, all you anti-gun liberal types out there

[unixronin]

(Not meaning to imply that all liberals are anti-gun, by the way.  I'm just talking to the "Ew, Guns Are Icky" set here.)

Remember all the times we evil gun-totin', NRA-decal-displayin' gun nuts have said that the Second Amendment is the most important of all the amendments, because it protects all the rest?

Well, having become one of the most strictly anti-gun states in the US, Massachusetts is now going after the right of peaceable assembly.

Yeah, yeah, I know; it says it's only for use against gangs and only in "safe zones".  But as metahacker points out, the devil is in the details.  Surely you folks remember "designated free-speech zones", right....?  Remember the first rule of legislation:  Any law, no matter how clear its original intent, sooner or later succumbs to "mission creep".

"Yeah, I know this law was passed for X.  But we're already using it for Y.  Why don't we use it for Z as well?  I bet we could, especially in front of Judge J."

Speaking of which...

mazianni found these two articles on the 9th Circus's ruling that US border agents can search laptops and other personal electronic devices for evidence of crimes without a warrant or cause.  Once again, "security" trumps liberty, and another little piece of the Fourth Amendment is whittled away.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."  ...Unless we want to.

Comments

[fruitylips.livejournal.com]

The 9th circuit ruling is nothing new. The Federal government's always been allowed to search anything at a border crossing without probable cause as part of its tariff powers (airports are considered a border crossing for these purposes of international flights). This long standing rule was the basis of wiretapping anything that crosses from outside the US into it that hits any US switch or server located in the US even if the final destination is outside the US. No probable cause or anything's ever been required for normal border crossings.

The only thing this ruling did was say 'Ya know that thing we've always done? Computers aren't any different.'

A related, interesting case from a few months ago was the guy who got busted for kiddie pr0n on this computer while crossing the border from Canada. He had it all encrypted and helpfully typed in the key for the border patrol. After seeing the pr0n, they arrested him and turned the machine off. They never got the encryption key from him, however.

The Feds went to court to try to get a court order to get the guy to tell them the key. The counter argument was that it violated his 5th amendment rights to compel him to tell them the key. Unlike a standard lock, his knowing the key would be usable against him in establishing that the pr0n in question belonged to him, so forcing him to reveal it was effectively forcing him to testify.

At the time, the ruling was that the Feds could try to hack it all they wanted, however. I never heard if it was appealed.

[unixronin.livejournal.com]

A related, interesting case from a few months ago was the guy who got busted for kiddie pr0n on this computer while crossing the border from Canada. He had it all encrypted and helpfully typed in the key for the border patrol. After seeing the pr0n, they arrested him and turned the machine off. They never got the encryption key from him, however.

Yeah, the back-and-forth on that has been interesting. If nothing else, IMHO the guy shoulda been busted for "felony stupid".

[jhetley.livejournal.com]

According to some friends who wear badges, they only ever see two crimes. Misdemeanor stupid and felony stupid.

[unixronin.livejournal.com]

Yup, I've heard that before ... and probably in similar circles.

[beckyzoole.livejournal.com]

I used to volunteer in the Missouri state prison system. The chaplain at the medium-security prison we went to regularly told us that most of the guys there were in for "being stupid in a No Stupid Zone".

(Actually, more than two thirds were in for non-violent violations of drug laws.)