Thursday, November 25, 2010

"There's Something Hard in Your Pants"

The title is a quote from a TSA screener when he patted down my brother at a Washington D.C. airport. It seems my brother went through the body scanner, but the results were inconclusive so he was pulled aside for the full body grope, too. The TSA agent kept pushing on my brother's lower abdomen below his belt and asking what was in his pants. My brother took it good naturedly and replied that there was nothing there. The screener kept prodding and asking what was in his pants. My brother kept saying 'nothing' in an increasingly irritated tone.

"There's something hard in your pants," said the TSA agent one more time. My brother finally responded, "keep pushing and there will be!" The agent quickly decided it must be a fold in my brother's shirttail and let him continue on his way.

Great response.

Update to the Great Fizzle

A few days ago I mused on the Daily Paul that the TSA could defuse the National Opt-Out Day by simply turning off the full body scanners for the day. No scanners means nothing to opt-out of means protest fizzles.

Lookie here:
http://www.prisonplanet.com/scandal-tsa-restricts-scanners-to-undermine-protest-in-crude-pr-stunt.html

I should take up sooth saying.

Wednesday, November 24, 2010

The Great Fizzle

Today, National Opt-Out Day, has been a snorer. A few scattered protests. Some opt-outs. It was mostly business as usual.

Was it a total bust? Maybe not. The number of people who flew today is supposed to be up 3.5% over last year. We will not know the real number for a few more days. If the number of people actually went down, then maybe people decided to opt-out completely by driving instead of flying. Time will tell.

Other than that, it appears Americans lined up to do away with their human dignity and the Constitution for the sake of feel-good security theater. Their unwillingness to confront the government over a policy with such personal aspects as being required to display themselves naked before being allowed to fly means that they will absolutely not take on the government over less concrete violations. First Amendment? A luxury! Second Amendment? A potential threat to security! Fourth Amendment? Unnecessary! Tenth Amendment? An anachronism!

Not only will Americans not fight to take back the freedom that once was theirs, but they have signalled in no uncertain terms that they will not fight against future intrusions. That will embolden the statists to consolidate their gains, grab and exercise more power, and take control of more of our lives.

The protest fizzled. Americans are going to get a lot more of what they refused to refuse.

Monday, November 22, 2010

Has the Sleeping Giant Awakened?

I used to wonder what it would take for Americans to rise up, enmass, and confront their government. If the news reports are any indication, it is the stories, the voice recordings, and the video of people, some as young as three years old, or as infirm as a disabled cancer patient, being put through a full body scanner or being groped as a prior condition for getting on an airplane. One man, to prove a point, refused the scanners, then refused the pat-down, but willingly stripped to his bike shorts so the TSA could see he had nothing to hide. He was told to put on his clothes so they could pat him down! Then they arrested him for not following instructions!
http://www.signonsandiego.com/news/2010/nov/21/gun-crusader-strips-down-shorts-hauled-out-san-die/
Indignation at the overreach of the TSA has gone viral. Someone started the call for a National Opt-Out Day, and over the course of two weeks it has snowballed into a fearsome threat to on-time air travel on the day before Thanksgiving.

The TSA reacted this past weekend. They stated that anyone who disrupts the scanning process or the pat downs will be arrested and fined $10,000. The pat-downs and the scans would go forward as planned, said Mr. Pistole, the head of the TSA. His tough guy attitude struck the exact wrong cord, and the calls for opting out of the naked body scanners intensified. Today, he was somewhat more concilliatory by saying they were looking at procedures to see if they could be made more palatable, and pleading with air travellers to cooperate with the TSA out of consideration for other travellers.

On my way home tonight, my Congressman, Russ Carnahan, got some airtime by saying he was reviewing TSA procedures to see if they couldn't be modified. Russ has never demonstrated the slightest concern for the Constitution. His concern was strictly to make TSA procedures less of a lightning rod. He doesn't want to kill the beast, he wants to tame it.

Debates have raged on TV between civil libertarians, who oppose the very idea of the TSA as well as the security measures they have put in place, and the Safety First crowd that repeats the mantra "anything for safety." One of their best critiques is "if you (libertarians) don't want the TSA to do body scans to keep us safe, what would YOU do to keep us safe?" The best response to that critique is: "it is not the government's job to keep us safe in the air, it is the airlines job to keep us safe in the air." That doesn't directly answer the question so much as it tries to reframe the debate: it's not WHAT will keep us safe, but WHO. I'm not sure most viewers get this.

Nevertheless, there is extensive buzz on the internet and in the mainstream press. We'll know in two days if it has any teeth. It seems to me that the easy way for the TSA to defang the entire threat is to turn off the machines for a day. No machines and no pat downs means no opt-out. The whole protest fizzles. They can always put the rules in place at another time when everyone has gotten a little tired of the arguments.

Personally, I hope the TSA sticks with its' hardline position. That could be the catalyst for a nationwide reality check, some citizen activism, and maybe for some citizen empowerment. If people see the TSA run away from one of their cherished programs because of an incensed public, maybe the public will sense their own power and continue spontaneous challenges to other programs, bureaucracies, and government institutions.

I wonder if the sleeping giant has awakened.

Thursday, November 11, 2010

Scanner Update

Just an update to my earlier post about the backscatter machines at airports:

I flew out of St Louis Lambert on Monday. The scanner was there, but it was not being used. Everyone in the very, very long security line was put through the old metal detectors. No drama here.

I flew back out of Phoenix Sky Harbor...no scanners in sight.

From stories I have read elsewhere, the TSA is dealing with the 'opt out' crowd by doing simple pat-downs. No cavity searches. No genital probing. Some of the overheated rhetoric on some websites accuses the TSA of almost demonic procedures, yet the evidence is that the TSA are being careful and respectful. I'm sure there will be exceptions, and those will be publicized repeatedly. People will 'opt out' to avoid being seen naked, and they'll fear getting a pat-down and a feel-up at the same time. I think they are worrying about the wrong stuff. They ought to be considering the fear-mongering that is at the core of the whole scanning/probing issue. They ought to 'opt out' while dreaming of the Fourth Amendment.

The good news is that the dilemma I felt in an earlier post is somewhat muted now. Of course I will 'opt out,' not because I might be seen naked, but because it's all just wrong.

Tuesday, November 2, 2010

Communicating with a Pol

I wrote the following letter to Ed Martin, Republican candidate for Missouri's 3rd Congressional District:

Dear Ed,
This is to inform you that I intend to vote for you on November 2nd.
However, I want to make one thing absolutely clear: this is not an endorsement. I cannot know what you are really going to do when you get to Washington. The words you have written indicate at least a cursory knowledge of the Constitution, the Founding Fathers, and the libertarian philosophy of liberty. Whether or not you truly understand those words...that is to be seen. You may have won my vote, but you have to earn my trust.
At this time I have no reason to trust you.
Most Republican candidates are going to benefit from the rising wave of anti-Obama revulsion. The Republicans will win many seats and they will pat themselves on the back and say "see, they love us." Nothing could be further from the truth. Republicans forget that they were thrown out just two years ago amid similar disgust with Bush and his run-amok cronies and Congressional lapdogs. Voters are looking for something else, a different way of governing. They didn't get it with the Bush Republicans, they tried the Democrats and were deeply disappointed; now they're trying to find what they are looking for with the Republicans again. I fear we will be shafted again.
I have no illusions about the daunting task of reversing the course of government. It is likely that the new 'tea party' congressmen will constitute such a small part of the overall Congress that they will have little direct influence on day-to-day legislation. They will be considered to be irrelevant by the mainstream. The pressure will be to go along to get along in hopes of having influence somewhere in the future. This is a pipe dream. This is the reason the Republicans were thrown out two years ago, and the reason the Democrats will be thrown out this year.
What I am voting for is a Congressman who will stand up, even if all alone, and say: this is contrary to the Constitution. Even if you never vote with the majority, even if you forever are marginalized by the people who have caused the mess in this country, you will be representing me and people like me every time you take those hard, principled, difficult-to-explain-in-soundbite stands. All alone.
If you do that, you will be representing people like me. And you will win the kind of devoted following enjoyed by statesmen, but never by politicians.
I wish you luck in the upcoming election.

Ron Johnson

Later that same day, I received the following reply:

Ron,
Thanks for this note. I agree with you: vote for me, hold me accountable, and, if I falter, vote me out!
Thanks for your vote.
All the best.
Ed
Ed Martin

Thursday, October 21, 2010

Ten Thousand Indignities

St Louis Lambert Airport has installed full body scanners in the terminal I usually use when traveling for business. I knew it was coming, ever since the rush-job purchase of the scanners (lobbied for by the former Secretary of Homeland Security, Michael Chertoff, who just happened to represent a company that sells the machines) after the incident with the crotch bomber in Detroit last December.

The whole idea that strip searches of all passengers traveling by plane is a reasonable precaution against the danger of a terrorist event is...well...a real head scratcher. Does it make travellers safer? Not really. Terrorists, like any motivated criminal, look upon fixed solutions, such as metal detectors, bomb sniffing machines, xrayed luggage, etc., as just another wrinkle to be overcome. As was pointed out by one security expert, if the terrorist is on a suicide mission, they may as well have the bomb installed inside their bodies...as supposedly has already been documented:

http://www.dailymail.co.uk/news/article-1247338/Terrorists-plan-attack-Britain-bombs-INSIDE-bodies-foil-new-airport-scanners.html

The fact that planes have not been falling out of the sky for the last ten years is not because airports have done a superb job 'keeping us safe,' because the FBI has noted, repeatedly, that the failure rate of TSA at catching test weapons, even weapons barely concealed, is abysmal. Something like 40% are not detected. Since a motivated terrorist is going to be far more creative than a civil service bureaucrat, I have to conclude they haven't attacked the planes because they don't want to.

Are the scanners safe? The manufacturers say they are, but no independent testing can verify it. There is significant debate by xray technicians and engineers about possible damage due to improper calibration, focus, and training. Do the scanners save the naked photos? The government says 'no,' but they lie. The government specifications for construction require that the machines have the ability to store images, even though that function may be turned off. Do the scanners blur the 'sensative' areas? No. If they did, then that would be a prime place to hide a bomb, right? So forget blurring.

None of these issues cause me to lose sleep. If someone in another room somewhere gets herself in a sweat seeing me in the all-together, I consider it a compliment. But that's just me. On the other hand, if it's a guy...I'd rather not think about it.

No, the issues that haunt me are: Does it violate the 4th Amendment to the Constitution, and does this open the door to even more invasive surveilance? Unqualified yes to both.

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. (4th Amendment, U.S. Constitution)

Ok, so the counterargument is that we live in a new era and that the Founding Fathers could not have understood 21st century terrorism. To keep us safe, full body scanning is a reasonable measure. As one pundit put it, the Constitution is not a suicide pact, meaning that if it gets in the way of making us safe, then it should be discarded as needed.

I don't have to tell anyone how much this distresses a civil libertarian. It is not in the times of peace and ease when we need to worry about our civil liberties, but in the times of stress and conflict. Infact, during hard times it is more important than ever to jealously guard our personal liberties, such as our rights to due process and protection from unreasonable search and seizure. Tyrants have always used times of distress to impose themselves upon their people under the guise of protecting them. Hermann Goering said all governments bring the people to the bidding of the leaders through crisis. Rahm Emmanual is famous for his phrase "Never let a good crisis go to waste." So in times of difficulty, we need to guard our civil liberties even closer.

The argument from civil liberties, however, generally fails in the face of the argument from 'safety.' As a nation, we crave absolute safety in everything and in the process we have steadily given up our freedom to be armed, to travel, to write and speak freely, to consume what we wish, to take risks, to keep our privacy. All intrusions, ten thousand if there is one, are treated individually as no big deal. Indeed, we usually give the restrictions on our privacy and our independence no serious thought, as they seem to be more of a nusance than anything. Sometimes, however, in moments of clarity, as we stand in line for a permit, license, or other official government approval before going on to do what we would have done anyway, and we sense the oppressiveness of the situation. We see the government functionary behind the desk and feel the uselessness of the paper-shuffling, stamping, stapling, collating, and filing that our lives have become. We wish we could find the words that would make the petty bureaucrat sit back and say...you're right sir, no need for approval, I am interferring with your life, you can go about your business.

That's not the way it works, however. The System is a self-reinforcing network of laws, social norms, and expectations, glued together with 'safety' as a common denominator. Objecting to any given mandated rule, like the need for a building permit to install a new water heater, or the requirement to have a virtual a strip search to get on a plane makes you sound somewhat looney because, after all, it's for your safety. Remember, this is a society where police have announced random voluntary bag searches (NY subway) and people have approached the cops and asked to participate, then THANKED the officers for searching the bag they have been carrying all over town. What? Yes! Or requiring a background check on everyone who wants to buy a gun from a dealer...so only the law abiding go through the process while the scofflaws don't bother...yet the gun laws make us safer because the people who were no danger to anyone are still no danger to anyone? The norm is lunacy. Anyone who calls out the lunacy is the nut!

I am planning to travel via plane out of Lambert Airport in the next few weeks. Though I am conflicted about the process of going through security to get on the plane, I know I have only two choices if I wish to fly: get into that full body scanner, or let a TSA agent give me a hands-on full body pat-down, including a probing of the genitals. Either way, I have to submit or I don't fly. By itself, this latest intrusion into my life does not make or break me...but it is the totality of the experience of life in America, the "freest nation on earth," that is weighing heavily on my mind.

I will not go to the barracades over this. Any protestation will fall on deaf ears, or worse, will get me put on a list with no possible positive outcome. My fellow travellers will not sympathize; TSA agents will continue to 'just do their jobs.' I will either fly or not fly and the TSA could care less. One way or the other, they win this one. Just add it to my list of indignities to be endured.

We think we can pick and choose the indignities we will object to or endure. The truth is: It is all of a kind. We will either reject the 'safety' argument and choose to live with uncertainty, or we will take the 'safety' argument to its' logical conclusion, one little indignity at a time. If we want a different kind of society, we will have to do it from a principled conviction that the grand experiment in human freedom is due for a major 'reset.'