Fourth Amendment "effects"

Have you ever thought about the act of typing a sentence, texting or making a call on a cell phone?

Could typing a sentence, texting on a phone, or verbalizing an idea be considered an effect that we should have control of? Are those outcomes we created effects?

i've been thinking of the word effects as used in the Fourth Amendment. Dictionary searches for the meaning of the word “effect” bring up such things as the power to produce results or something that is produced by an agency or cause.

Typing these words has the “effect” of displaying them here for me to do with as i choose. i can delete the sentence i just wrote or i can revise it or i can leave it as is and post it. But the real question is do i really own it once i place it here on my blog or do i only have ownership while it is in my computer at home. What if i e-mailed it to one select person instead of putting it here?

My understanding is that the blog is mine...only i have access to it and only i post articles here. i understand that my posts are no longer private and can be read by anyone in the world but that is a choice i make. i choose to make it accessible, i choose to have it disseminated i choose to make it public.

But what about in my private life? What about all the things i type that only go to one person, that i have no intention of making public? What about those phone calls are they effects or are they no longer private?

We all know none of us can transmit anything without a physical apparatus that we either own or borrow. Our cell phones, computers, i-pads etc. are all items that we have either in our possession or that we pay or sign up to use. We think we own them even if temporarily.

But here is a question...do we own the effects we create on our on line accounts, on our home computers, or on our cell phones? Are they ours or do they belong to some one else? Are they fair game for the government to collect? Are those words i typed into the e-mail an effect that i own? Are the words i speak on my cell phone effects that i own? Is my Amazon account really mine, are my e-mail accounts mine and would they be considered effects every time i used them? Or is everything fair game for anyone wanting to access them. i don't really know....but i would like to know.

The idea of privacy in regards to the 4^th is one that has been debated in our courts many times over the course of our history. Research on my part(limited research) only turned up two rulings regarding privacy outside of work that has anything to do with electronic communication. They are narrow in scope but appear to conflict with each other.

On March 11, 2010, the United States Court of Appeals for the Eleventh Circuit ruled, in Rehberg v. Paulk, 598 F.3d 1268, that a person does not have a reasonable expectation of privacy in an e-mail once any copy of the communication is delivered to a third party.[91]
On December 14, 2010, in United States v. Warshak, the United States Court of Appeals for the Sixth Circuit ruled that a person has a reasonable expectation of privacy in his emails and that the government violated Warshak's Fourth Amendment rights by compelling his internet service provider to turn over his emails without first obtaining a warrant based upon probable cause.[92]

i think most of us expect a certain level of privacy in our e-mail, texting and cell phone use but i wonder how everyone feels about those communications being saved by government agencies? How do you feel about them being read, stored or forwarded by any one other than those you thought they were intended for?

Question...Has privacy become a redundant word in our technologically focused world or should it be resurrected ? Do we want to have anything private any more? Has it gone so far that we accept the mass collection of data by our government as normal?And what does the word effects really mean in the 4th Amendment?

i kind of think of it this way...if you are OK with a physical person standing in your house 24/7 listening to your conversations, watching you, recording you and storing it you are OK with your government collecting all your electronic communications.

What exactly does privacy mean? And when are we in this country going to address it? i put the Fourth below in case you haven't read it recently.

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.[1]

See ya next week.

A short one

Chantal was a non event that we in the Virgin Islands are very thankful for. She brushed past our shores dusting us with the smallest of squalls from her outer rings and seas that stayed relatively moderate. Thank you for sparing us.

Today the birds are all back to their nosy chatter unlike yesterday when they had become quite silent. The power stayed on and the only real change to every day life was the what ifs. We went swimming this morning in water that was relatively clear...seeing turtles, rays, loads of fish and not one shark.

Now we wait for the next one.

 This and That

i was reading about a small internet company in Utah of all places that has refused to hand over access to their customers accounts without a warrant spelling out what the probable cause is. Instead of handing over bulk info on all his subscribers Pete Ashdown of XMission has been protecting his patrons by not responding to requests for information that wasn't accompanied by a specific warrant.

Ashdown was apparently influenced by his Danish mother in the same way i was influenced by my English mother. World War II and the Nazis created enough instability in both our mothers lives that they drilled it into us what to look for. His mother provided him with a foundation of knowledge about the excesses of authoritarian governments, enough so that he knew to fight back when government was over extending.

Unfortunately there are too few like him in this country, but it is nice to know that there are some out there that aren't cooperating with the surveillance state. Its unfortunate that our media isn't reporting this and i had to find it in the Guardian.

When rights are lost it is very difficult to retrieve them.

Polls say that most citizens across the country view Snowden as a whistleblower not a traitor...and there is still no evidence that he has given any sensitive information to China or Russia. In fact he told Greenwald yesterday that neither country has had access to his computers. i'm in the whistleblower camp where do you stand?

See ya next week.

St. Croix's Mango Melee

Yum, yum...Mangoes are my favorite fruit but i'm allergic to them. i discovered this when i first moved to St. Croix and was standing under a mango tree helping to harvest. Within a few hours of all that collecting and eating i was a horrible mess. Unbeknownst to me the poison ivy like symptoms were caused by the mangoes and their sap. i discovered that unfortunately i was one of those people that couldn't indulge to excess during season.

Never one to let a little allergy control my life i subsequently discovered that if i didn't touch them and just popped chunks into my mouth the suffering was limited to superficial scratching and small bumps in my mouth. This i can handle for about a week every year during mango season.....and this is why Mango Melee is such a great event to go to for i can taste loads of mangoes at the tasting table and only suffer a little. Hope you enjoy the pics.

The display tables had so many mangoes of different varieties it was like going to the states after a long absence and having to walk out of the stores because you were too overwhelmed by all the choices. i couldn't quite file all the many types into my brain and figured i'd look at all the pics more closely at a later time. It really does boggle the mind....all that variety, size, color and taste and all so delicious.

 Outside the hall the vendors were doing a brisk business.

And the food smells were heavenly.

One stand had other fruit besides mangoes.

and another stand had mangoes, coconut, and breadfruit.

Outside its always nice to walk around the Botanical grounds and check out what is growing.

 Limin

and waiting to be rung.

Chantal is on the way and i thought we may not have power for a while so i'm putting this on early. My phone already has a hum so bad you can't hear anything...if we get more rain it will surely be toast.
See ya soon.

Emancipation Day in the Virgin Islands

Today is Emancipation Day in the Virgin Islands, which is a holiday for some and a regular work day for others who don't recognize the historical significance of Peter Von Scholtens actions on July 3, 1848.

Leading up to the actual proclamation there were approximately 26,000 slaves just on the island of St. Croix. Think about that...half the population we have on island today would be slaves if we were to time travel back to the 1800's. An enormous number when really thought about in terms of fellow human beings that were considered chattel.

In total 44,000 people residing on the three islands were enslaved while approximately 5,000 had papers proving that they were Free Coloured.

Down island rioting slaves in Martinique and Guadeloupe were creating increasing tension amongst plantation owners and officials in the Leeward Islands. It was feared that news of the turmoil would spread additional revolts through out the islands so Puerto Rico offered military help if necessary but Governor Von Scholten turned down the offer.

On July 2, Von Scholten arrived on St. Croix from St. Thomas...he was concerned about the war with Germany and outwardly projecting an aura of having had no idea how serious the rioting mood was on St. Croix. Personally i think he knew exactly what was going on when he ordered the firing of two alarm shots into the Christiansted harbor early on the morning of July 3. Doing this alerted both black and white alike to the impending turmoil that was to occur.

i'm no historian and the above is my own personal take regarding the history i have read about the events that lead to Emancipation. i think Von Scholten had slowly worked up to this point over many many years. Take for instance the fact that his mistress Anna Heegaard, a free black, had his ear and his love for a long long time, he abhorred the way managers treated blacks on their plantations, and although constrained by his position tried to treat everyone fairly. It was also his belief that when blacks wanted their freedom perhaps there was nothing else to do but give it to them.

The lost letter from von Scholten's brother in Fredericksted which contained estimates of the numbers of slaves that were assembling in that town certainly gave him some idea as to how serious the slaves were about wanting their freedom. The second letter from Von Scholtens brother urging him to hurry to Fredericksted and save the town was not only a plea but also the moment in history when he choose not to sail on the battle ship to Fredericksted but instead go by land. By the time he got there Andreson the police chief and his adjutant Diedrichsen had already told the slaves von Scholten would free them...how did they know this?

Andreson dictated “I declare hereby the unfree in this jurisdiction to be free.” With a space underneath where the Governor General's signature would go. Andreson signed it but it wasn't enough and the crowd plundered his estate and almost killed him. They then moved into town and joined up with others from other estates. It is said that Buddhoe was able to stop some of the crowd from looting in Fredericksted. I'm not going into all the nity gritty details of how it all came about but by 4:00pm Von Scholten arrives in Fredericksted and drives down to the fort.

He said to the crowd:

I, Peter Von Scholten, hereby proclaim:

1) All unfree in the Danish West Indies are from this day on free.

2. All blacks on the estates shall continue to make use of their houses and gardens for three months from this date, as they have previously enjoyed.
3. All future work is to be paid as mutually agreed on but allowances of provisions, etc. shall cease.
4. Old and weak, who cannot work, shall, until further decisions are made, be supported by the owner.

Given under the seal of the Governor-General and my signature July the 3^rd, 1848.

P. Von Scholten.

That night our own St. Croix Avis printed copies of the Proclamation to be spread around the island. The bloody events that happened in Christiansted before Von Scholten could return from Fredericksted made for an uneven progression to freedom. Planters and blacks alike took up arms.

Von Scholten took ill almost immediately and departed for Denmark never to return to the islands again. 

While the progression to freedom took its toll on all involved we must look back on history even though it is full of sadness and joy.

See ya next week.

i got the above information from Erik Lawaetz's “St. Croix 500 Years Pre-Columbus to 1990."

Good News

There really isn't any good news this week. The Supremes in their infinite wisdom trashed the Voting Rights Act. If i was President Obama i would send a bill to Congress today with the replacement plan the court said Congress needs to vote upon to protect blacks and other minorities in places where discrimination still exists. When that bill hits Congress and the Republicans vote against it the entire nation will know why those justices yesterday trashed the Voting Rights Act.

Oh maybe there is some good news...President Obama yesterday said he is ordering the EPA to set standards for emissions from power producing plants and to expand renewable energy projects on public land. Maybe the VI could tap into the later by immediately presenting ideas for renewable energy projects here. We could become a test model showing the nation how an island municipality can become energy independent through the use of renewable resources.

Patrick Leahy (D-VT) has introduced legislation that would force consideration of the FISA act two years earlier to 2015. It would also restrict NSA's collection of data from phones... again starting in 2015. I'm not thrilled about this but at least its a first step.

If you haven't already re-read the fourth amendment it pretty plainly lays out its intent.

Amendment IV

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.

But..... and this is a big but....... court cases since the amendment was enacted have changed the scope and meaning of the above. Courts have been chipping away at protections guaranteed by the fourth so that today we find ourselves the enemy instead of civilians of a democratic society.

Today everything you put on line goes into a big data dump and is suspect. According to some interpretations once you hit send, post or talk on a cell phone you have lost your right to privacy. You don't own your content any more, you don't control it and the government and corporations working together and separately can do what ever the hell they want with it.

Maybe that's where we should start...making new laws about what we own and what we don't.

The good news is your government will protect you against terrorists. i'm sure all those at the Boston Marathon that died or were maimed are really grateful that our surveillance network is scooping up data on all of us instead of focusing on the job at hand.

Gore Vidal used to say, quite often, that the United States has two governments. There is the public, "show" government, designed to convince the gullible that this is a democracy; and there is the real government, the one that exists in the shadows, cloaked in secrecy, doing the work of the monied class, and the people be damned. i wonder what he would say today.

People forget that this nation was founded by traitors. King George passed the laws they rebelled against. Today we have become cowed by the propaganda machine that pumps out articles saying you are naive if you didn't already know you were being watched. Accept it sucker its been going on so long you can't protest any more. It's approved, its legal.

Don't ever doubt the power of an individual who lives by a set of moral values that impels him or her to fight for everyone to create change, even when the odds of success are against them. Remember, just because something is legal it doesn't make it right.

See Ya Next Week.

Tidbit day

Today is a tidbit day...mostly my takes on things happening around the world and photos of course!

St. Croix...it's raining cats and dogs here. This morning after the swim a friend said it felt like a soup day but another friend said eat oatmeal for breakfast because it will be 85 degrees by the time the soup is done.

Syria...do we really want the US to arm more terrorists? There are elements in Syria that could turn out worse than Assad.

Guantanamo...44 of the prisoners are being force fed...104 out of 166 have stopped eating. Wouldn't you want to kill yourself if there was no hope of a fair trial combined with a future of indefinite detentions? 86 of the prisoners have been cleared of the charges brought against them but are still incarcerated. It's way past time to close it down.

Brazil...middle class protesting a 10 cent increase in transit fares while blaming the billions in public funds spent on hosting the World Cup in 2014 and the Olympics in 2016 for the rise. Over 200,000 people have taken to the streets. It's not really about the 10 cents, its more about corruption, lies, and financial raping of the population.

Turkey...people are on the streets to make the judicial system work. The silent man started a protest using peace instead of the violent opposition that had kicked in after frustration over the failure of government to hear the pleas of the protestors. The passive protest he inspired has been called “pleasing to the eye” by the Deputy Prime Minister today.

Nuclear arsenal...President Obama in Berlin renewed his call to the US and Russia to reduce our stockpiles by 1/3. Putin asked that other nations also reduce their arsenals. Sounds like a great idea.

Climate change...The President also acknowledged the need for the US to step up and act more upon the issues of climate change. He stated that Germany and the EU were leading the way but we needed to do more. Darn right says i...we should be leading not following.

The leader of the World Bank today also said that its time to stop arguing about whether climate change is real or not, its real he said. So the money men are agreeing do you think we will see some action now?

St. Croix...it is raining so hard here i've got all the windows closed up tight as a drum and i still feel minute speckles of water getting through the jalousie windows. Its a white out and the thunder is very loud!

PS...the Yellow-crowned Night Heron looks to be eating real food today.

See ya next week

Surveillance

****Photos at bottom******

Surveillance...what exactly does that mean in terms of government collecting data on their citizens?

In the USSR surveillance was used to manufacture fear in the populace. It was used to prevent the daily exchange of ideas that might subvert the status quo. Surveillance was a form of control that was used to

erode trust between individuals and divide society. It was used to humiliate and create areas of life that just were not discussed in public. 

Everyone was expected to conduct their lives according to proscribed rules of behavior that were much more limiting than what we have in the US today. Surveillance helped keep the population in line.

A citizen of any country overseen by the Republic could be brought up on trumped up charges for even discussing topics that independent thinkers may be contemplating and that we today may view as harmless, but that the government there considered subversive. Any data pertaining to non-political activities, personal matters and embarrassing details would be collected and could be used against you.

Going into the archives to get the dirt so to speak was performed routinely. Any thing implied could be used against you or to manipulate you into revealing things about other people. Everyone was targeted for speaking their minds.

For many in the USA the use of surveillance has taken on the patina of acceptance. What is wrong with collecting phone records if you haven't done anything wrong, say so many? Or storing e-mails? i'm innocent, i haven't done anything wrong, i don't care if they collect data on me.

Well read the above again. Fear was used in the USSR to manipulate entire populations. Collecting private information was a necessary part of keeping the citizenry in line.

Fear of “terrorists” is just one tool in our governments arsenal that is used to collect everything it can about you. It is used in a way that is all out of proportion to the actual threat.  More people have been killed by guns and cars than by “terrorist” incidents.  i'll bet you didn't give up any of your privacy to prevent gun deaths or car accidents happening to you.

If you were targeted as a potential threat even though you think of yourself as innocent all those phone records and internet searches could be used against you. They could be used against me right now to trump up some case and put me away so i won't write about privacy and why it is important to keep it private. You may not think this could happen but i do.

Did every American citizen and permanent resident in the USA check “agree” to be spied upon. To have data collected about us and stored for who knows how long doesn't seem wrong to any of you? Is that what we all want? To sign away all our rights to privacy without ever having a debate about it?

Edward Snowden is neither a traitor nor a hero. His leaks were done to start a debate about what our government is compiling on all of us. Already details are coming out that most of the population was unaware of. This man has sacrificed his entire life to defend our right to free speech and privacy from the government.

My mom crammed it into me as a child to always question authority. She believed that another complacent citizenry could lead us to the same place all totalitarian countries found them selves in. Russia, Germany, China, Cuba....

As Benjamin Franklin once said: “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” Is the fear of terrorism worth losing all your liberty for?

i believe Edward Snowden has started the debate. Government propagandists will be hard at it trying to convince the American population that giving up their privacy is no big deal. Think long and hard about where you see this country in the future.

See ya next week. A few pics below from the past few weeks.

People watching while waiting in Manhattan

Raining while waiting in Manhattan

Foggy morning in the neighborhood.

The flower section of Stew Lenards.

The counter at the Mexican restaurant.

The Killdeers having at it while i'm on my walk

Home to Sir Edgar who lives by our pool.

i think this Yellow-crowned Night Heron is carrying a piece of coral...but for what?