privacy

Digital privacy bill still abandons probable cause for our papers

Mark J. Fitzgibbons, The Hill

Administrative subpoenas are in fact impossible to reconcile with the Fourth Amendment. The very premise of the ECPA Modernization Act is that government may not violate the security of private records unless a judge has issued a warrant after hearing probable cause under oath that facts indicate a law is being broken. Government officials will exploit this expressly sanctioned loophole in the bill and subpoena emails directly from their targets in this probable cause-free administrative subpoena regime. Neither digital nor hard records will be safe from unreasonable government searches and compelled disgorgement.

Dear Russian Agents, Send Help

Please, send us what you have so we can better expose the deceit and hypocrisy of those who would fundamentally change America by undermining the rule of law and liberty. And maybe – just maybe – the GOP in Washington will see that what’s happening from within to undermine our constitutional republic and way of life is nearly as horrible as what you Russians are trying.

Inherently Unreasonable Administrative Subpoenas Advance Police State, Violate the Constitution

Mark J. Fitzgibbons, CNS News

It may be that use of institutionalized violations of the Fourth Amendment are far more prevalent than the relative quantity of the general warrants in their day. Wise and constitutionally principled judges since at least the 1600s, however, have recognized the dangers of the coercive and extortionate nature of search power unbridled from probable cause determined in advance by the judgment of neutral judicial officers.

Would You Like A Government GPS Microchip Implanted?

Once the power to track someone is granted to the Department of Justice the criteria for tracking will surely expand. We urge CHQ readers to call Congress (the Capitol Switchboard is 1-866-220-0044) to tell your Representative to oppose H.R. 4919 when it comes up under suspension later today.

Civil Rights Commissioner Gail Heriot Agrees with Conservatives on Executive Overreach, Gets Called “Ignorant Bigot” By Liberal Congresswoman

University of San Diego School of Law professor Gail Heriot thinks Obama’s “guidance” to states demanding they open school locker rooms, showers and toilets to students of both sexes is an example of the executive branch overreaching what the legislative branch intended. Far-Left Congresswoman Zoe Lofgren (CA-19) thinks disagreeing with Obama makes Commissioner Heriot an “ignorant bigot.”

Final Betrayal: Ryan Republicans Join Obama as #ToiletTerrorists

“Is there any conservative principle or constituency in the conservative coalition that elected Ronald Reagan and won the historic elections of 2010 and 2014 that Capitol Hill’s Republican leaders haven’t betrayed?” Clearly after last night's vote to codify Obama's #ToiletTerrorism the answer is NO, and without new leadership in the House and Senate Republican Conferences the betrayals will continue.  Please sign our petition. Tell Speaker Paul Ryan: Stop Obama's Liberal Transformation of America or Go Home!

Political Correctness Defeated (Temporarily) General Boykin Reinstated

General Jerry Boykin has been invited back to teach at Hampden-Sydney College, but ultimately this battle is not about what happened to Jerry Boykin at one small college in Virginia. The real issue is stopping the insanity that endangers women and girls and standing up to the attempts to normalize the abnormal through the vicious imposition of political correctness in speech and thought.

The Unconstitutionality of the Exxon Subpoena

Philip Hamburger, LibertyLawSite.org

The difficulty is that conclusions about climate change, on either side of the question, are often difficult to distinguish from political opinion. Although the truth about the climate may lie in complex empirical data, such data is always open to dispute, and the climate has become a highly contested political controversy. The attorney general’s subpoena therefore looks disturbingly like harassment for dissenting scientific and political opinion.

House Bill Lets Bureaucrats Read Your Email Without A Warrant

Kathryn Watson, Daily Caller

Mark Fitzgibbons, a Northern Virginia lawyer who defends individuals and businesses against federal agencies, said Poe is flat-out wrong on the ECPA. The ECPA and a similar House bill “actually authorize and encourage hundreds of federal and state agencies to violate the Fourth Amendment with respect to the actual content of private emails.”

You Wonder Why Americans Are Pissed Off

We Americans no longer live in a society where the law is applied equally and without political bias or intent – we now live in a strange oligarchy in which a self-appointed elite, starting with the President and going right down to judges, a state Attorney General and even local zoning officials, decides which laws apply to them and which laws they will follow.

Want To Protect Your Privacy? Conservative Organizations Should Sign Onto This Supreme Court Brief

Ultra-leftwing, Planned Parenthood supporter California Attorney General Kamala Harris, a Democratic candidate for U.S. Senate, is telling nonprofit organizations they can’t speak to donors in her state unless they fork over the names and addresses of their top donors to her so she can investigate them and your organization if she wants.

Clarity on privacy and marriage

Richard A. Viguerie and Mark Fitzgibbons, The Washington Times

Two issues being hotly contested at the national level this year — government collection of private records as debated through the Patriot Act sunset provision, and the definition of marriage before the Supreme Court — distinguish conservatives from neocons and libertarians. Those two issues also highlight why conservatism is the right blend of principles when it comes to the role of government, constitutional liberty, national defense, economic security and American exceptionalism.

A Constitutional Amendment to Protect Virginians’ Data and Pastures

This is the first installment of a sentence-by-sentence explanation of the proposed “Fourth Amendment for the 21st Century” to show the amendment is 100 percent based in sound Fourth Amendment principles and purposes consistent with the Framers’ vision. The first article, “WHY IT’S TIME FOR A 21ST CENTURY FOURTH AMENDMENT IN VIRGINIA,” provided general background about the amendment.

Sens. Paul, Coons Urge SCOTUS to Back Smartphone Privacy

Drew MacKenzie, Newsmax

Sens. Rand Paul (R-KY) and Dem. Chris Coons (DE) urged the Supreme Court to support the constitutional right to privacy in two cases involving searches without warrants of smartphones.

Berkeley Stands With Rand

If Republicans want to win they need to build a new 21st century coalition and Rand Paul’s message that conservatives are leading the fight for the constitutionally protected rights freedom of speech and privacy is a great place to start.

Rand Paul Is Right About Building GOP

Michael Reagan, NewsMax

Paul he understands that to win, Republicans are going to have to reach out to independents and others who may have previously held negative views of the party.

Are Conservatives AWOL In Biggest Privacy Fight?

There is no longer a wall between the private sector and government surveillance. Yet, conservative and liberty minded elected officials and organizations appear to be AWOL in the fight to ensure Google does not seal key documents in a lawsuit against its practice of scanning email sent through its Gmail system.

OCare Data Hub Ignores Your Privacy

Tom Howell Jr., Washington Times

Repubs said they doubt the data hub at the center of Obamacare either will be ready on time or be secure enough to protect Americans’ privacy.

McConnell: OCare Ignores Privacy

Guy Benson, Townhall

McConnell says Obamacare exchanges will expose private data and must be delayed. Why isn't he doing more to stop it?

Amash Will Win Civil Liberties War

Nick Gillespie, Reason

Amash's effort will win the longer struggle. It proceeds from deep-seated principle, not lip-service politics.