Tuesday, November 16, 2010

Digital body scans, pat down searches, and the success of terrorism

They have won. Come on, folks, admit it. The Terrorists have won. They have succeeded in turning us against ourselves. We are now so scared that we are breaking our own rules -- eroding the protections that our fore fathers and mothers fought so hard to secure, that our own soldiers are currently fighting so hard to protect. What am I talking about? Don't you know? Hmmm... you haven't been to the airport lately, have you? Or have you read the news?

T.S.A. and the mis-named 'Department of Homeland Security' have instituted, for their viewing pleasure, full body digital scans in airports near you. And if you object to that invasion (not to mention being subjected to less than healthy doses of low level radiation) you are welcome to submit to an even more invasive personal body pat down... the type normally reserve for suspected criminals. And there you have it. The terrorists have won.

You don't understand? Let me clarify. Once upon a time there was a country where, although it was not EXPLICITLY stated, it was accepted that a person was innocent until proven guilty. This idea ( Latin:Ei incumbit probatio qui dicit, non qui negat) was an idea first suggested by a french cardinal and jurist,Johannes Monachus. He had this strange idea that most people were not criminals...

Ah, you say. Yes, you say. Now... think about it. When you put EVERY SINGLE PERSON, old and young, through a body scan or pat down, what are you presuming? Innocence? I think not. But, okay... most people say, for a little added peace of mind, I am willing to give up a little bit of my privacy. But you see, this is a slippery slope. We gave up a little bit, and then a little more.

I remember as a child, when folks could walk you to your gate and wait with you. There were no security checks, no guards. We carried on or did not carry on, sissors or nail clippers. No one thought anything of it. Shoe laces in shoes? So what? When did that start to change? First with international flights ... no walking people to the gate. Then, no sissors -- my mom was REALLY unhappy when they took (and lost) her bandage sissors. (They had promised to mail them to her. So much for that. I imagine that those sissors are still floating around a USPS office somewhere, all these years later.) And now? My sons have never been to an airport where there aren't guards and scanners, where you are only allowed 1 oz bottles of innocuous liquids and even some of those may be suspect. I remember watching an 'expert' on one of those 'talk' shows -- I rarely, if ever watch Television -- there is little on that I want to watch but this was shortly after 9-11 (and isn't it scary that that is short hand now-a-days? I can write the date and expect that everyone reading it will know what I mean... shiver) and for some reason, I had the television on. This expert was talking about the new mania regarding shoelaces. He was disgusted. His comment, not particularly PC, was nonetheless cogent. He said 'Look, the people who are terrorists don't need fancy stuff, the sort of stuff that would be picked up in a scan. They are skilled at making do. Forget high tech gadgets. Forget special treatment. Live life. Yes, there are scary people out there but there have ALWAYS been scary people out there. They only win if we let them scare us into changing the way we live.'

Well guess what folks... they have won.

There are two premises which have been completely and totally over thrown by the current body scan/body search/ property search hysteria at the airports:

I.  the aforementioned 'presumption of innocence' -- not specifically mentioned in the Constitution but implied in the 5th, 6th and 14th amendments(No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws)  to the Constitution. The same idea appears in:

A. "The Universal Declaration of Human Rights, article 11, which states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in apublic trial at which they have had all the guarantees necessary for their defense."

B. "The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe which says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union."

II. The Right to Privacy: Again, not explicitly stated in the Constitution and as such constantly in a state of threat as various and sundry Political entities seek to limit personal freedoms while extending corporate control. Nonetheless, the Bill of Rights and the 14th Amendment once again come to the Fore (Thank you, Mr. Jefferson):

Amendment IV
(Pivacy of the Person and Possessions)
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.

It would seem to me, though I may be something of a radical, that we as a people have been ridiculously patient with the continual erosion of our right to privacy. We have accepted the invasion of our bodies and our possessions in the name of security and what has that invasion done for us? Are we more secure? Are we happier? I do not see it. What I see, and I have been traveling by plane, train, and automobile since before I could walk, is an increase in stress and unhappiness, in fear, and anger, and insecurity. The terrorists really didn't have to do much to push us over the edge. We were teetering on the precipice already. 9-11 was the last straw. I am not sure when the slide began. Did it start when MLK was assassinated? With Malcolm X? With JFK or Bobby? With so much hatred inside our country, did we really NEED to look for someone outside to set us against ourselves?

We have met the enemy and them is us. The terrorists have won. And if you don't like it? What will you do? What will you do....

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