Pre-Election Holiday Season: a Dangerous Time for Liberty
This worry about end-of-session abuse from Congress is on the mind of the Patient Privacy Rights Foundation, which worries Congress may pass this or next month privacy-violating health database/technology legislation. A client of mine, Pain Relief Network (PRN), has shared evidence of the incompatibility of privacy with government databases, with Maia Svalivitz’ story on Vermont’s raiding of personal prescription use data at its pharmacies. Vermont users of Schedule II narcotics, for pain or for psychological or other health problems, have lost their 4th Amendment privacy protection for personal information.
Another Holiday threat comes in the domestic spying area, and whether our tapped phone/email will be authorized by a court or have no check system at all. The Center for Democracy and Technology hopes the People can urge congressional passage of HR 3773, the RESTORE Act, to deny domestic spying without approval by a court, the Foreign Intelligance Surveillance Act (FISA) Court. The Senate, on the other hand, is about to pass a more dangerous bill, granting more Power to exercise spying with insufficient oversight. It even would exempt Big Communication companies from liability for past complicity in unwarranted spying of Americans. A “wildcard” in the debate is the “state secrets” privilege, under which the President could protect its unlawful surveillance from Court oversight or sanction by simply claiming to do so would expose state secrets. Let’s hope the House version prevails.
To facilitate domestic spying, Government needs the help of local enforcement and business. Fusion centers provide just what they need. The American Civil Liberties Union (ACLU) and the Electronic Information Privacy Center (EPIC), which has a Privacy Coalition any group can join, opposes “fusion centers,” 43 across the country, that collect information and intelligence. DHS Appropriations has $300 million for these centers, which are nothing but a resurrection of the discredited Total Information Awareness centers, or, from the 1980s, the Joint Terrorism Task Force. The fusion centers are commandeering big companies to collect info - hotels, utilities, cruise lines, apartment realty companies. The info is piped into Watch Lists. This is suspicionless gathering of info. A California fusion center recently bragged about using its anti-terrorism weapons to arrest a pain patient inhaling smoke from a plant called marijuana. Also, it appears the Fusion Centers will be gaining spy satellite help soon.
Not only is Government deputizing local enforcement and businesses for the attack on Liberties, but also they’re getting the cooperation of Congress in broadening the definition of terrorist to expose all of us to arrest and misery. The Equal Justice Alliance, a former client of mine, seeks to overturn a terrorist law (the Animal Enterprise Terrorism Act, passed last year at the end of the year when no one paid attention), intended to target damagers of animal-related enterprises. But the vagueness of the bill has exposed any boycotter of virtually any retail outlet, and no harm or damage need be proven. A profit loss of $1 million by the animal experimenting laboratory, factory farm, restaurant, or grocery chain, could expose the leafletter to 20 years in prison as a "terrorist". No whistleblower defense is afforded in this law, and the imminence standard is lowered to "might be" in danger. Martin Luther King and the apartheid boycotters would, today, be terrorists under this law. Encourage any nonprofit with which you are connected to contact this organization to sign a Coalition letter to repeal this terrorism broadening law.
If the animal terrorist law isn’t enough to expose you to arrest, Congress is trying to remedy that shortfall with passage of HR 1955, a bill to target domestic terrorism. It creates a (Thought Crimes) commission that would arbitrarily recommend to Congress on ways to target dissidents who foment activism. This is a return of the savage CointelPro from the 60s. Apparently, bill sponsor Rep Hartman is urging support for her bill, as a way to stave off a bill Sen Lieberman wants to introduce to profile Muslims. For the bottom line on this 'Homegrown Terror' Act, here's Ron Paul.
And to ease Government’s burden of tracking us for atrocities, Congress is close to tracking us with a National Identification system. New York Governor Spitzer is on record as ready to implement REAL ID, just as soon as the Department of Homeland Security issues its regulations on the enhanced drivers license program. The American Civil Liberties Union (ACLU) says grassroots calls are needed to urge Homeland Security Appropriations Subcommittee conferees to oppose REAL ID funding, which is zero in the Senate version but $50 million in the House version. Wish ACLU well in pursuing a “state opt-out” campaign, getting states to just say "no" to REAL ID. Pennsylvania may opt out, but not Michigan. And DHS’s regulations will be more attractive to states, as it shifts costs away from states and onto Uncle Sam and its taxpaying Sheep (you and me). Arizona just joined Washington and Vermont in enhancing its IDs with DHS' help.
Two other groups are trying to pull the curtains hiding government secrecy, and protect whistleblowers who help with this exposure, respectively. OpenTheGovernment.org supports a “Freedom of Information Act” (FOIA) reform proposal by Senators Leahy and Cornyn, as well as a “Presidential Records Act,” to undue President Bush’s unreasonable hiding of presidential family records from scrutiny. Stay tuned to this group’s effort to bring sunshine to costs of contracts; for example it is impossible, even with FOIA requests, to gain info on the costs and nature of contracts insurance carriers win to run Medicare on a regional basis. Another chart to observe at their website is a "secrecy score card," on the government's lack of openness. The Government Accountability Project says Congress may pass a law, building on the whistleblowing rights for post- 911 transportation workers, giving all federal employees free speech rights, and protection from retaliation, for whistleblowing. This group hopes in early 2008 to introduce the remedy of a jury trial, to enforce the whistleblowing protections from retaliation. Another bill, HR 4047, would allow government physicians to defend themselves against retaliation for whistleblowing
While the Supreme Court may respect our Second Amendment Right to Defend ourselves with Guns, according to OpenCarry.org, we may be blocked from gun purchasing States like Virginia succeed in broadening a mental incapacitation standard to prevent our doing so. Apparently Virginia Tech murderer Cho wasn't sufficiently mentally handicapped enough to be prevented from purchasing a gun. The current standard is whether the gun purchaser poses an "imminent" threat of danger. The proposed standard would allow a claim that the purchaser may commit violence in the future, a standard which could morph into one threatening liberty in non-gun purchasing situations. Beware how the BATF approaches this issue federally in the future - being deemed mentally unfit could really threaten our liberty in unimaginable ways. By the way, the reason for these crazy shootings is psychiatric drug pushing and anti-gun activism, as with the Nebraska shooting.
The American Association of Physicians and Surgeons (AAPS) is closely folloing the forced drugging issue, as happened in Maryland with the Vaccines Roundup, about which I blogged previously. In the case of Maryland, kids weren't prescreened before the shots, and they get many more shots (26) than the 1960s (4), including for diseases like Hepatitis that are only sexually communicable - not a risk for a immature kid. Despite the Roundup, 1600 of the 2300 kids still have not been immunized, and States Attorney Glenn Ivey promises jail time and fines for each day of truancy. Since there is no cumpulsory vaccine law, Ivey's tools are only neglect or truancy. AAPS is accepting signatures to a Letter to the Governor on this issue. While there are medical and religious exemptions for parents wanting not to vaccinate, those exemptions are too narrow - what's needed also is a "conscientious" or "philosophical" exemption. Further, these exemptions need exceptions, in case one vaccine is desired while another is not - Catholics, for example, do not like a certain vaccine which can impact a fetus. Finally, the idea that exemptions are needed violates the Constitution's protection of our property rights in our bodies. It's not just a public school issue either, in terms of complying with certain requirements in order to attend - Ivey's threat pertains to private schools as well. It's interesting how Big Pharma opposes price controls, but supports mandates for its products like vaccines. AAPS warns against blind obedience to emergency vaccine orders, since Government has no limits on how it can define an emergency. Vitamin lawyer Ralph Fucetola, attorney to client Natural Solutions Foundation, said a health freedom coalition had announced at Tiburon California a pledge to seek congressional protection against forced drugging. Apparently, states have vaccine databases, just as most states have prescription databases. Vermont’s pharmacy records are being raided, to find who’s prescribing and taking Schedule II narcotics. This will hit not just pain patients, but also mental patients and others. Maia Svalivitz at the Huffington Post says “the 4th Amendment is Dead!”
Not only are school kids under health assault, but also health practitioners continue to struggle under the Boot of Government. The American Association of Health Freedom (AAHF) follows anonymous complaints by competitors of doctors, and insurers, against licensed health practioners performing "out-of-ordinary" care. Providers can spend their life savings fighting these charges. Unlicensed naturopaths – whom countless patients willingly visit -are pursued criminally. AAHF helps investigated practitioners, teaching them not to trust the State and how to protect their property. Laws need to be changed to support Complementary and Alternative Modalities (CAM). Ohio is passing a health freedom bill as long as practioners avoid prohibited activities. Wisconsin, on the other hand, has passed a Rule prohibiting nutritional sales by chiropractors (here's related testimony by Cato on ho Wisconsin can improve its health coverage system). Tennessee has the worst law in the nation, allowing secret medical board meeting and decisions. Only 5 states have health freedom, and no states protect doctors/practitioners. A federal fix would be only as good as the environment in the state.
So, while we celebrate the Holidays, Congress is trying to gift us with its own brand of Terrorism on our Liberties. Activists have their work cut out for them to protect their freedom, or, more accurately, restore their constitutional Rights. An easy short-cut to victory would a Ron Paul Presidential Victory. Let's work on that too!

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