Law
and Liberty in a
"Secure Homeland"
-
Why This?-
Why This? - Why Now?
It may be argued that the confluence
of terrorism, authoritarianism, corporatism, and technology
has enabled rapid adoption of policies with broad implications.
These policies, adopted in the face of seemingly ineffective
legal and social opposition, will lead to many legal challenges
in the coming years.
In effect, changes recently made regarding civil liberty
may not have been possible at any other time in history.
Technological advances, a willingness to impose (and accept)
limits on liberty, and a precipitating event have resulted
in a unique situation in which rapid policy change is possible.
Issues related to these three key themes - technology, willingness,
and event - are discussed below.
Technology
Technological advances have resulted in surveillance and
data collection tools that were not available just a few
years ago. These tools are being rapidly adopted by corporations
interest in gathering data to market products, monitor employees,
and accomplish other goals. These tools are also available
to government agencies. Civil liberties protections have
limited their use - before "Homeland Security."
The Center for Democracy
and Technology
Big
Brother is No Longer a Fiction
Privacy
and Technology
ACLU
- Bigger Monster, Weaker Chains
Spying for Fun and Profit
Data-mining
ACLU
- Commentary
ACLU
- CAPPS II
WIRED
- CAPPS II
Carnivore
FBI
- Carnivore
EPIC
-Carnivore FOIA Legislation
StopCarnivore.org
How
Carnivore Works
Carnivore Eats Your Privacy
Echelon
Echelon Watch
Inside
Echelon
"Total Information Awareness"
TIA is based on a vision of pulling together as much
information as possible about as many people as possible
into an "ultra-large-scale" database,
making that information available to government officials,
and sorting through it to try to identify terrorists.
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Defense Advanced Research
Projects Agency (DARPA)
DARPA -
Information Awareness Office
DARPA
- TIA Systems Chart
DARPA
- TIA faq's
ACLU
- Program Description
ACLU
- Q & A
Electronic
Privacy information Center - TIA Information
Association
for Computing Machinery - Concerns
Reflection #6
This last set of links refer to technological
innovations that you may not have thought about
before. Has technology grown too powerful, especially
in the ability to collect and organize personal
data?
Do you feel like you should try to resist these efforts
to collect personal data? In what ways can you, assuming
you want to, minimize the amount of data that can
be collected?
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Reflection #7
These data collection and processing tools can be
used by the government and by private industry or
individuals. Which of these users has the greatest
potential for abuse?
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Willingness/Interest
Political Atmosphere
WIRED
- Taking Liberties with our Freedoms
Salon
- Does Tom Ridge matter?
Village
VOICE - Attack on Civil Liberties
Ashcroft
Assault
on Civil Liberties
Crossing
Swords with General Ashcroft
Ode
to John Ashcroft and Civil Liberties
Ashcroft Watch
People
for the American Way
Bush
The
Truth About George
Judge
Dread: Bush and Civil Liberties
Incident/Opportunity
9/11
Civil
Liberties - Post 9/11
Cato
Institute Scholars and 9/11
Limited
Liberty - Post 9/11
Civil
Liberties in an Age of Terror
War on Terror
Its
Not Just About Terrorists
Americans for Victory
Against Terror
Reflection #8
Some commentators have suggested that the current
administration is composed of individuals who have
little respect for civil liberties. Some
arguments seem somewhat conspiratorial. Do you think
that the
government would have found reasons to enact much
of the "Homeland Security" legislation, as associated
limits on civil liberties, even if 9/11 had not occured?
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War and Civil Liberties
Historically, Americans have accepted limits on Civil Liberties
during times of war. Looking back, many believe that these
restrictions went too far and that liberties were needlessly
restricted. This is especially true in the case of World
War II internment camps.
History/Parallels
Civil
Liberties vs. National Security
Civil
Liberties During Wartime - U.S. News Classroom
Civil
Liberties in Wartime - Cato Institute
Civil
Liberties in Wartime - Justice Learning
Wartime
Laws
Wartime's
Lost Liberties
How
Much are We Willing to Lose?
War related limitations on security
Fighting
Terrorism, Preserving Civil Liberties
Preserving
Our Liberties While Fighting Terrorism
WIRED
- Why Liberty Suffers in Wartime
History
Repeats
Internment Camps
Internment
History
Conscience
and the Constitution
The
Japanese American Internment
Reflection #9
Why are we willing to give up "liberty" at
times of war? Does our sacrifice, and acknowledgement
that we are giving up something of value, reinforce
our beliefs about the importance of civil liberties?
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War Without End?
War related limits on civil liberties have typically been
temporary in nature - as is war. However, the "War on
Terror" appears to be a very different situation. The
administration has talked in terms of war without end. If
this war never ends, can we expect the war justified limitations
of liberty to continue without end?
Protecting
Liberties in a Permanent War
Reflection #10
How is this "war on terror" different from past
events that have motivated us to reduce "liberty"
for the
greater good?
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Patriotism
In times of crisis, freedom of speech may become tangled
with issues of national security. Since 9/11, some Americans
have urged fellow citizens to avoid criticizing the government.
At the same time other equally patriotic citizens have encouraged
debate and dialogue - often at the risk of being called unpatriotic
or worse. What is patriotism? How has this dilemma been addressed
in the past?
Immediately after 9/11 we witnesses a surge in patriotism.
This patriotism was often made apparent through the display
of flags and other symbols of the United States. The flags
accompany "United We Stand" bumper stickers. We
also see slogans such as "In God We Trust" and "The
Power of Pride" (inspired
by a large American corporation).
What is Patriotism?
Patriotism
Quotes
Commentary - Bill Moyers
The Patriotism Enforcers
Patriotism: A Menace to Liberty
Dissent
Is it possible to love your country while questioning its
government?
A
Time for Dissent
Dissent Magazine
Third
World Traveler
Waging War
on Political Dissent
Political
Dissent can bring Federal Agents to Your Door
Silencing
Political Dissent
Reflection #11
What is patriotism? What do patriots do?
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