{"id":1582,"date":"2008-10-23T11:13:45","date_gmt":"2008-10-23T15:13:45","guid":{"rendered":"https:\/\/blacknell.net\/dynamic\/?p=1582"},"modified":"2008-10-23T11:13:45","modified_gmt":"2008-10-23T15:13:45","slug":"edging-toward-requiring-permission-to-travel-domestically","status":"publish","type":"post","link":"https:\/\/blacknell.net\/dynamic\/2008\/10\/23\/edging-toward-requiring-permission-to-travel-domestically\/","title":{"rendered":"Edging Toward Requiring Permission to Travel Domestically"},"content":{"rendered":"<p>A couple of developments on the travel <span style=\"text-decoration: line-through;\">monitoring<\/span> &#8220;security&#8221; front have made the news, lately.\u00c2\u00a0 First, the <a href=\"http:\/\/www.washingtonpost.com\/wp-dyn\/content\/article\/2008\/10\/22\/AR2008102202646.html?nav=rss_politics\">Department of Homeland Security, come January, will<\/a>:<\/p>\n<blockquote><p>take over responsibility for checking airline passenger names against government watch lists beginning in January, and will require travelers for the first time to provide their full name, birth date and gender as a condition for boarding commercial flights.<\/p><\/blockquote>\n<p>Even assuming that DHS can use this to better filter its &#8220;No Fly&#8221; list of false positives, we&#8217;re still left with the question &#8211; how can the government know someone to be so dangerous that they cannot be allowed onboard a plane, yet they cannot arrest them?\u00c2\u00a0 My view is that they can&#8217;t, and that this is merely another bit of security theatre.\u00c2\u00a0 It has the added bonus, however, of permitting the gradual building of an all-encompassing monitoring structure that I&#8217;m sure will never be abused.<\/p>\n<p>The second story speaks to the &#8220;all encompassing monitoring structure&#8221;, too.\u00c2\u00a0 The ACLU highlights recent government efforts to create what the ACLU is calling a &#8220;Constitution Free Zone&#8221; that is defined as 100 miles inland from the external borders of the US (including coasts). \u00c2\u00a0\u00c2\u00a0 The ACLU <a href=\"http:\/\/www.aclu.org\/privacy\/37293res20081022.html\">summarizes the issue<\/a>:<\/p>\n<ul style=\"margin-top: 0in;\" type=\"disc\">\n<li style=\"margin-bottom: 0pt;\">Normally under the Fourth  Amendment of the U.S. Constitution, the American people are not generally  subject to random and arbitrary stops and searches.<\/li>\n<li style=\"margin-bottom: 0pt;\">The  border, however, has always been an exception.\u00c2\u00a0 There, the longstanding view is that the  normal rules do not apply.\u00c2\u00a0 For  example the authorities do not need a warrant or probable cause to conduct a  \u00e2\u20ac\u0153routine search.\u00e2\u20ac\u009d<\/li>\n<li style=\"margin-bottom: 0pt;\">But  what is \u00e2\u20ac\u0153the border\u00e2\u20ac\u009d?\u00c2\u00a0 According to  the government, it\u00c2\u00a0 is a 100-mile  wide strip that wraps around the \u00e2\u20ac\u0153external boundary\u00e2\u20ac\u009d of the United  States.<\/li>\n<li style=\"margin-bottom: 0pt;\">As a  result of this claimed authority, individuals who are far away from the border,  American citizens traveling from one place in America to another, are being  stopped and harassed in ways that our Constitution does not permit.<\/li>\n<li style=\"margin-bottom: 0pt;\">Border  Patrol has been setting up checkpoints inland \u00e2\u20ac\u201d on highways in states such as  California, Texas and Arizona, and at ferry terminals in Washington State.  Typically, the agents ask drivers and passengers about their citizenship.\u00c2\u00a0 Unfortunately, our courts so far have  permitted these kinds of checkpoints \u00e2\u20ac\u201c legally speaking, they are  \u00e2\u20ac\u0153administrative\u00e2\u20ac\u009d stops that are permitted only for the specific purpose of  protecting the nation\u00e2\u20ac\u2122s borders.\u00c2\u00a0  They cannot become general drug-search or other law enforcement  efforts.<\/li>\n<li style=\"margin-bottom: 0pt;\">However, these stops by  Border Patrol agents are not remaining confined to that border security  purpose.\u00c2\u00a0 On the roads of California  and elsewhere in the nation \u00e2\u20ac\u201c places far removed from the actual border \u00e2\u20ac\u201c agents  are stopping, interrogating, and searching Americans on an everyday basis with  absolutely no suspicion of wrongdoing.<\/li>\n<\/ul>\n<p>Yesterday, the <a href=\"http:\/\/www.dailykos.com\/story\/2008\/10\/22\/163652\/37\/734\/638977\">ACLU held a press conference<\/a> to illustrate some of the results of this expansive view of the border and related powers:<\/p>\n<blockquote><p>Vince Peppard, a retired social worker, <a href=\"http:\/\/www.youtube.com\/watch?v=NPOuj-WzAoA\">told of being stopped and harassed by the border authorities<\/a> at least 15 miles from the Mexico border with his wife, Berlant.<\/p>\n<p>Craig Johnson, a music professor at a San Diego college, <a href=\"http:\/\/www.aclu.org\/privacy\/37294res20081022.html\">told how he participated in a peaceful demonstration<\/a> near the border to protest against the destruction of a state park so that offense could be constructed along the U.S. border. CBP agents monitored the protest and collected the license plate information of those who participated. Since this protest, Mr. Johnson has twice crossed the U.S.-Mexico border and, each time, he has been pulled aside for additional screening. He was taken to another room, handcuffed and questioned. On his first crossing, he was also partially stripped and subjected to a body cavity search. A CBP agent also told Mr. Johnson that he was on an &#8220;armed and dangerous&#8221; list. Before the protest, Mr. Johnson crossed the U.S.-Mexico border numerous times without incident. It is difficult to believe that his subsequent harassment at the border is unrelated to his protest activity. If it is related, that would constitute a significant abuse.<\/p><\/blockquote>\n<p>This is something to take seriously.\u00c2\u00a0 The grip of the state on individual freedoms has been tightening, and there&#8217;s no reason to believe that trend will reverse without significant public attention.\u00c2\u00a0 Obama is not going to wave a magic wand and make this all go away in January.\u00c2\u00a0 It&#8217;s up to you and me.<\/p>\n<p>(And in case you&#8217;re wondering why I focus so much on these issues, <a href=\"https:\/\/blacknell.net\/dynamic\/2006\/12\/01\/the-files\/\">this might help explain<\/a>.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A couple of developments on the travel monitoring &#8220;security&#8221; front have made the news, lately.\u00c2\u00a0 First, the Department of Homeland Security, come January, will: take over responsibility for checking airline passenger names against government watch lists beginning in January, and will require travelers for the first time to provide their full name, birth date and [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"ngg_post_thumbnail":0,"activitypub_content_warning":"","activitypub_content_visibility":"","activitypub_max_image_attachments":4,"activitypub_interaction_policy_quote":"anyone","activitypub_status":"","footnotes":""},"categories":[4,2,6,3,14],"tags":[],"class_list":["post-1582","post","type-post","status-publish","format-standard","hentry","category-law","category-personal","category-policy","category-society","category-tech"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts\/1582","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/comments?post=1582"}],"version-history":[{"count":2,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts\/1582\/revisions"}],"predecessor-version":[{"id":1584,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts\/1582\/revisions\/1584"}],"wp:attachment":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/media?parent=1582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/categories?post=1582"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/tags?post=1582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}