Quotulatiousness

June 16, 2011

Horwitz: Yes, it is a police state

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 08:18

It’s been a long time since 9/11, and the biggest losses have been in civil liberties:

As regular readers know, I’m not one for hyperbole, so perhaps some are thinking that my title is ironic. Nope, I mean it. An accumulation of events in recent months leads me to no other conclusion than that we are in fact living in a police state in the good old US of A.

The list of reasons is fairly long, but we can certainly start with our favorite gropers at the TSA. In my ideal world, airline safety would be the responsibility of those with the most directly to lose financially from doing it poorly: the airlines and the airports. But even in a world where government has taken on that responsibility, we should be protected by the Fourth Amendment against “unreasonable” searches. It’s one thing to walk through the standard metal detector, which seems reasonable, but when we are expected to pose virtually nude in a submissive position for government agents, and when refusing to do so earns you a feel-up that would count as sexual battery in most states, that is something else entirely.

If I had told you 20 years ago that in 2011 this is what would happen every day to thousands of travelers — including toddlers and the handicapped — at U.S. airports, you would not have believed me. And on top of everything else, it doesn’t work! It’s mere “security theatre.” When residents of the United States have a legitimate fear of being sexually abused by agents of the State when engaging in peaceful air travel, we live in a police state.

May 2, 2011

Radley Balko: “He won”

Filed under: Government, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 15:58

A distressing round-up of the lifetime achievements of the late Osama Bin Laden:

We have also fundamentally altered who we are. A partial, off-the-top-of-my-head list of how we’ve changed since September 11 . . .

  • We’ve sent terrorist suspects to “black sites” to be detained without trial and tortured.
  • We’ve turned terrorist suspects over to other regimes, knowing that they’d be tortured.
  • In those cases when our government later learned it got the wrong guy, federal officials not only refused to apologize or compensate him, they went to court to argue he should be barred from using our courts to seek justice, and that the details of his abduction, torture, and detainment should be kept secret.
  • We’ve abducted and imprisoned dozens, perhaps hundreds of men in Guantanamo who turned out to have been innocent. Again, the government felt no obligation to do right by them.
  • The government launched a multimillion dollar ad campaign implying that people who smoke marijuana are complicit in the murder of nearly 3,000 of their fellow citizens.
  • The government illegally spied and eavesdropped on thousands of American citizens.
  • Presidents from both of the two major political parties have claimed the power to detain suspected terrorists and hold them indefinitely without trial, based solely on the president’s designation of them as an “enemy combatant,” essentially making the president prosecutor, judge, and jury. (I’d also argue that the treatment of someone like Bradley Manning wouldn’t have been tolerated before September 11.)

The list, unfortunately goes on.

Yes, bin Laden the man is dead. But he achieved all he set out to achieve, and a hell of a lot more. He forever changed who we are as a country, and for the worse. Mostly because we let him. That isn’t something a special ops team can fix.

April 18, 2011

Oh, stop worrying: everything is going according to the plan!

Filed under: Bureaucracy, Government, Liberty, USA — Tags: , , , , , — Nicholas @ 11:02

Julian Sanchez notes a fascinating parallel:

Batman’s archnemesis the Joker — played memorably by Heath Ledger in 2008′s blockbuster The Dark Knight — might seem like an improbable font of political wisdom, but it’s lately occurred to me that one of his more memorable lines from the film is surprisingly relevant to our national security policy:

You know what I’ve noticed? Nobody panics when things go “according to plan.” Even if the plan is horrifying! If, tomorrow, I tell the press that, like, a gang banger will get shot, or a truckload of soldiers will be blown up, nobody panics, because it’s all “part of the plan.”

There are, one hopes, limits. The latest in a string of videos from airport security to provoke online outrage shows a six-year-old girl being subjected to an invasive Transportation Security Administration patdown — including an agent feeling around in the waistband of the girl’s pants. I’m somewhat reassured that people don’t appear to be greatly mollified by TSA’s response:

A video taken of one of our officers patting down a six year-old has attracted quite a bit of attention. Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures.

While I suppose it would be disturbing if individual agents were just improvising groping protocol on the fly (so to speak), the response suggests that TSA thinks our concerns should be assuaged once we’ve been reassured that everything is being done by the book — even if the book is horrifying. But in a sense, that’s the underlying idea behind all security theater: Show people that there’s a Plan, that procedures are in place, whether or not there’s any good evidence that the Plan actually makes us safer.

April 7, 2011

Wil Wheaton gets the “special” treatment from the TSA

Filed under: Bureaucracy, Government, Liberty, USA — Tags: , , , — Nicholas @ 08:46

The TSA just got another rave review from a traveller who got the full treatment and didn’t like it:

Yesterday, I was touched — in my opinion, inappropriately — by a TSA agent at LAX.

I’m not going to talk about it in detail until I can speak with an attorney, but I’ve spent much of the last 24 hours replaying it over and over in my mind, and though some of the initial outrage has faded, I still feel sick and angry when I think about it.

What I want to say today is this: I believe that the choice we are currently given by the American government when we need to fly is morally wrong, unconstitutional, and does nothing to enhance passenger safety.

I further believe that when I choose to fly, I should not be forced to choose between submitting myself to a virtually-nude scan (and exposing myself to uncertain health risks due to radiation exposure), or enduring an aggressive, invasive patdown where a stranger puts his hands in my pants, and makes any contact at all with my genitals.

When I left the security screening yesterday, I didn’t feel safe. I felt violated, humiliated, assaulted, and angry. I felt like I never wanted to fly again. I was so furious and upset, my hands shook for quite some time after the ordeal was over. I felt sick to my stomach for hours.

This is wrong. Nobody should have to feel this way, just so we can get on an airplane. We have fundamental human and constitutional rights in America, and among those rights is a reasonable expectation of personal privacy, and freedom from unreasonable searches. I can not believe that the TSA and its supporters believe that what they are doing is reasonable and appropriate. Nobody should have to choose between a virtually-nude body scan or an aggressive, invasive patdown where a stranger puts his or her hands inside your pants and makes any contact at all with your genitals or breasts as a condition of flying.

H/T to occasional commenter “Da Wife” for the link.

January 27, 2011

New entrant into the “Security Theatre Kabuki Hall of Fame”

Filed under: Britain, Bureaucracy — Tags: , , , — Nicholas @ 12:54

Step forward, our first inductee for 2011, Gatwick Airport security staff:

Airport officials ordered a holidaymaker carrying a toy soldier onto a plane to remove its three-inch gun — because it was a safety threat.

Ken Lloyd was stunned when he was told he could not go on the plane with the nine-inch model soldier because it was carrying a ‘firearm’.

The Canadian tourist and his wife had bought the toy, which holds a replica SA80 rifle, during a visit to the Royal Signals Museum at Blandford Camp in Dorset.

Well caught, security super-heroes! Here’s the vicious piece of deadly weaponry they bravely prevented from being smuggled aboard the plane:

December 3, 2010

Happy holiday travels!

Filed under: Bureaucracy, Humour — Tags: , , , — Nicholas @ 08:59

H/T to Economicrot. Many many more at the link.

December 2, 2010

It’s apparently not “wrong touching” when the TSA does it

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:21

Daniel Tencer says that the TSA’s guidelines for calming children are the same things sexual predators use:

An expert in the fight against child sexual abuse is raising the alarm about a technique the TSA is reportedly using to get children to co-operate with airport pat-downs: calling it a “game”.

Ken Wooden, founder of Child Lures Prevention, says the TSA’s recommendation that children be told the pat-down is a “game” is potentially putting children in danger.

Telling a child that they are engaging in a game is “one of the most common ways” that sexual predators use to convince children to engage in inappropriate contact, Wooden told Raw Story.

Children “don’t have the sophistication” to distinguish between a pat-down carried out by an airport security officer and an assault by a sexual predator, he said.

The TSA policy could “desensitize children to inappropriate touch and ultimately make it easier for sexual offenders to prey on our children,” Wooden added.

H/T to Cory Doctorow for the link.

November 30, 2010

The big hole in the TSA security screen

Filed under: Bureaucracy, Politics, USA — Tags: , , , — Nicholas @ 07:28

Even if the TSA is backing down on requiring pilots to go through the full pornoray scanner or humiliating pat-down, they’ve continued to leave a huge security hole open — apron workers and contract ground support staff:

Although the X-ray and metal detector rigmarole is mandatory for pilots and flight attendants, many other airport workers, including those with regular access to aircraft — to cabins, cockpits, galleys and freight compartments — are exempt. That’s correct. Uniformed pilots cannot carry butter knives onto an airplane, yet apron workers and contract ground support staff — cargo loaders, baggage handlers, fuelers, cabin cleaners, caterers — can, as a matter of routine, bypass TSA inspection entirely.

All workers with airside privileges are subject to fingerprinting, a 10-year criminal background investigation and crosschecking against terror watch lists. Additionally they are subject to random physical checks by TSA. But here’s what one apron worker at New York’s Kennedy airport recently told me:

“All I need is my Port Authority ID, which I swipe through a turnstile. The ‘sterile area’ door is not watched over by any hired security or by TSA. I have worked at JFK for more than three years now and I have yet to be randomly searched. Really the only TSA presence we notice is when the blue-shirts come down to the cafeteria to get food.”

H/T to Cory Doctorow for the link.

November 23, 2010

QotD: “Shut up and be scanned”

Filed under: Bureaucracy, Law, Liberty, Media, Quotations, USA — Tags: , , , — Nicholas @ 08:59

More on your authoritarian media . . .

Earlier today, my colleague Matt Welch ran off a list of newspaper editorial boards who are lining up behind TSA. The headline to this post is the actual headline from the L. A. Times’ editorial. Given such cowardice about defending civil liberties in the face of hysterical hand-wringing about national security, I was going to post a snarky comment about how the L.A. Times would probably have told Japanese-Americans to “shut up and report to your internment camp” back in 1942, too.

Then I did some Googling, and discovered that the paper pretty much did exactly that. As did a number of other papers.

Radley Balko, “Shut Up and Be Scanned”, The Agitator, 2010-11-22

Wendy McElroy: This rumour has “legs but no body”

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , — Nicholas @ 08:19

After reading one of the several stories about the TSA considering (or already having) an exemption from the invasive “pat-down” for Muslim women, Wendy McElroy tried to find the truth of the matter:

“Sexual assault” and “child molestation” are just some of the accusations leveled at the Transportation Security Administration’s (TSA) revealing scanners and full-body pat-down procedures, which were introduced on November 1.

At long, long last, the public is saying no to the savaging of personal liberty.

But a bizarre attack from a different direction should cause concern for at least two reasons. First, the particular accusation against the TSA is almost certainly incorrect and could dilute the credibility of other criticisms. Second, the attack seems rooted in anti-Muslim fears and feeds back into them.

The rumor: The Department of Homeland Security may exempt Orthodox Muslim women from the sexually invasive scanners and physical exams that others must undergo as a prerequisite of air travel.

On what evidence is the rumor based?

Don’t print these off and attach them to your luggage

Filed under: Bureaucracy, Humour, Liberty — Tags: , , — Nicholas @ 00:08

A few bumper stickers/luggage tags from Hit and Run:

November 21, 2010

Iowahawk: Comply with me

Filed under: Bureaucracy, Humour, Law, Liberty, USA — Tags: , , , , — Nicholas @ 13:17

Airline execs will hate to see these results translated into dollars

Filed under: Bureaucracy, Economics, USA — Tags: , , , — Nicholas @ 12:47

Reuters has a poll up with current numbers that will send a chill down the spine of airline executives:

Yes, yes . . . self-selected poll . . . non-scientific . . . etc, etc. Even so, it might be a good time to review your stock portfolio in case you’re over-exposed to airline share prices.

November 19, 2010

Shut up and get in the scanner, redux

Filed under: Bureaucracy, Liberty — Tags: , , , — Nicholas @ 11:27

Some whackjob so-called “libertarian” thinks that the TSA is out of control. No, really, he actually thinks that the TSA is out of control:

Americans can be murdered by terrorists, but shared values cannot be destroyed by guns and bombs and planes. Yet our adversaries in the “War on Terror” can most certainly win. They can win by frightening us into infidelity to our values, into betraying our best selves. Some would argue that they are already winning by that measure.

I thought that the “if x, then the terrorists have won” meme was dead before the end of the Bush administration.

Of course, if you recruit on pizza boxes, you’re not going to wind up with Elliot Ness. You’re going to get people who use the body scanners to make fun of people’s genitals, pretend to find cocaine in passengers’ luggage as a prank, steal from carry-ons, and generally act like badged choads. Oh, and sex offenders. Don’t forget the sex offenders. A security checkpoint is Walt Disney World for them.

See what I mean? This “libertarian” is objecting to the peaceful re-integration of former sex offenders into steady well-paying government jobs. One of the best success stories of the criminal justice system, and he’s criticizing it just because a few whiners don’t want to be molested as part of their travel routine?

Now, however, the TSA might possibly have found a way to startle the herd into genuine anger and defiance. The TSA has rolled out its program requiring you to submit to either a body-revealing scan or a gropefest patdown. Between revealing full-body scanners and the alternative “enhanced pat-downs,” Americans are as close as they have been since 9/11 to calling bullshit on the ever-increasing Security Theater. Is the TSA managing that anger well? Of course not. Some of them smirk that we like it. Still others are clearly furious that the cows are no longer, well, cowed. There are increasing reports that the enhanced pat downs are being threatened, and used, in an angry and retaliatory fashion by government employees who are upset that we don’t want our practically naked bodies displayed on scanners.

Look, the scanners are a labour-saving device. That’s all. Forcing them to caress your buttocks, squeeze your breasts, and manipulate your genitals is extra work for them. You should be grateful for the extra individual attention they’re providing to you!

Well, okay, the scanners are also a really handy source of humour, but that’s just a fringe benefit. How can you complainers be so unsympathetic to the working TSA folks who just want an occasional laugh while they check out your physical assets (or, more often, lack of).

Of course TSA agents are angry when you don’t herd obligingly through the scanner. They feel entitled to it, as a matter of right, based on what the modern Security State envisions that Americans should be. When the TSA expressed angst that “unquestioning compliance has diminished”, it was tipping its hand.

Yes, but you have no right to complain. When you buy an airline ticket, you implicitly give up all of your rights. Flying is a privilege, and you’d better show how grateful you are to be given that privilege or it will be taken away from you. Don’t be disrespectful: avert your eyes and don’t challenge the screeners. Obey orders at all times, and report those who grumble to the proper authorities. Don’t step out of line, or you will face the consequences.

The purpose of Security Theater is to convince us that the government can do something and is doing something, and most importantly to make us accept “unquestioning compliance” with government as an American value. The purpose of Security Theater is to normalize submission.

And you have to admit that it’s done a pretty good job. And, even better, it has had bipartisan support in congress.

In a nation in which we owe fidelity to shared values, accepting unquestioning compliance with government is like sneaking out on the wife and kids and nailing the smeared-lipstick cosmo-addled skank at the sleazy bar in the next town. And don’t come crying back to your wife Liberty and your kids Personal Responsibility and dear little Individuality when you pick up a nasty case of authoritarianism oozing from your — ok, I’m going to have to pull this literary device over and walk.

He references a blog post by “Mom” which I linked to from this post last week.

Now, I’m not saying that Mom is herself a perverted thug, like the people she’s saying we should just obey. I’m saying that she’s a sneering, entitled apologist for perverted thugs — and for the canine, un-American value of slobbery submission to the state. Even though she concedes that the groping is retaliatory bullshit, and even though she has no basis to assert that Security Theater actually increases real security, she’s deeply resentful that people are not putting up with it. Her righteous anger — like the anger of of the TSA thugs groping just a little bit harder to punish you for saying no to the body scanner — is the result we should expect from the small-time thugs whose identity is tied up in their petty authority.

Throughout my career — both as a prosecutor and as a defense attorney — I’ve observed a consistent inverse relationship: the more petty a government officer’s authority, the more that officer will feel a need to swagger and demand that you RESPECT HIS AUTHORITAH. Your average FBI agent might search your house based on a crappy perjured warrant, invade your attorney-client emails, and flush your life down the toilet by lying on the stand at your mail fraud trial. But he doesn’t feel a need to vogue and posture to prove anything in the process. He’s the FBI. But God above help you when you run into the guy with a badge from some obscure and puny government agency with a narrow fiefdom. He and his Napoleon syndrome have got something to prove. And he’s terrified that you’ll not take him very, very seriously. When I call FBI agents on behalf of my clients, they’re cool but professional and nonchalant. When I call a small agency — say, state Fish & Game, or one of the minor agency Inspector Generals — they’re hostile, belligerent, and so comically suspicious that you’d think I was asking for their permission to let my client smuggle heroin into the country in the anuses of handicapped Christian missionary orphans. They are infuriated, OUTRAGED, when a client asserts rights, when a client fails to genuflect and display unquestioning obedience. They are, in short, the TSA.

See? See? Just wait until this guy tries to fly somewhere . . . they’ll subject him to the most degrading procedures they can imagine. No, not to get back at him for all this disrespect . . . they’ll just treat him like the rest of the cattle. Mooo.

The United States of Don’t Touch My Junk

Filed under: Bureaucracy, Humour, Liberty — Tags: , , — Nicholas @ 10:47

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