Speaking Of Privacy…

I’ve never been particularly concerned about my data privacy–at the university, the tech support people drove me nuts with their log-in protocols and automatic encryption of “sensitive” emails. Like most Americans who pretty much live online, buy online and communicate online, I recognized that there is a tradeoff between convenience and some degree of exposure, and–again, like most Americans–it was a tradeoff I was (and still am) willing to make.

Government surveillance is another matter entirely.

Governing Magazine recently reported on activities being conducted–mostly surreptitiously–by ICE. Those activities are truly dystopian.

Immigration and Customs Enforcement has crafted a sophisticated surveillance dragnet designed to spy on most people living in the United States, without the need for warrants and many times circumventing state privacy laws, such as those in California, according to a two-year investigation released Tuesday by the Georgetown Law Center on Privacy & Technology.

Over the years, privacy law experts and civil rights activists and attorneys have accused ICE of overreach in its surveillance tactics directed at immigrants and Americans alike, but the Georgetown report paints a picture of an agency that has gone well beyond its immigration enforcement mandate, instead evolving into something of a broader domestic surveillance agency, according to the report, called “American Dragnet: Data-Driven Deportation in the 21st Century.”

The report outlines the extent into which ICE has gone in order to form a large-scale surveillance system that has reached into the lives into ordinary people living in the U.S. Skirting local laws intending to protect individuals’ privacy, the agency has turned to third-party outfits— utility companies, private databases and even the Department of Motor Vehicles in some states — to amass a trove of information from hundreds of thousands of Americans and immigrants to target people for deportation.

This surveillance network isn’t some penny-ante operation; the article says that ICE spent “an estimated $2.8 billion between 2008 and 2021 on new surveillance, data collection and data-sharing initiatives.

ICE was established after the Sept. 11 attacks, and given sweeping powers to fight terrorism and enforce immigration law. Since its formation, the article tells us that without much oversight, the agency has collected data on hundreds of millions of Americans. It has frequently been accused of crossing legal and ethical lines to “weave a vast surveillance system,” according to the Georgetown report.

“I was alarmed to discover that ICE has built up a sweeping surveillance infrastructure capable of tracking almost anyone, seemingly at any time. ICE has ramped up its surveillance capacities in near-complete secrecy and impunity, sidestepping limitations and flying under the radar of lawmakers,” said Nina Wang, policy associate at the Center on Privacy & Technology and a co-author of the study.

Anti-immigration Americans who might be tempted to shrug this off because it’s “only targeting illegal immigration” shouldn’t be sanguine. Thanks to the methods being used to collect the information, the agency has data on pretty much anyone who has ever applied for a driver’s license, driven on the nation’s roads, or contracted with their local utilities to get access to heat, water and/or electricity.

Among other findings, the report documents that ICE has drivers’ license data for 3 in 4 adults living in the U.S.; has scanned at least 1 in 3 of all adults’ driver’s licenses with face recognition technology; can track the movement of vehicles in cities that are home to nearly 3 in 4 adults; and can locate 3 in 4 adults through their utility records.

What was that famous quote from Martin Niemoller? “First they came for the socialists…”

The fact that one federal agency has clearly “gone rogue” would be less chilling if the United States wasn’t in the midst of a concerted effort by the Right to replace democratic norms with a Neo-fascist regime. The GOP has been transformed in to a White Nationalist cult that is all too ready to embrace Storm Trooper methodologies, and while its MAGA base represents a distinct minority of Americans, thanks to gerrymandering, the Electoral College and other antiquated electoral systems, it’s able to exercise far more power than its percentage of the vote would otherwise allow.

Worse still, we find ourselves in this position at a time when we no longer have a Supreme Court majority willing to protect settled precedents and  the rule of law.

If Donald Trump (or one of his clones) wins the Presidency in 2024, do you have any doubt that he would make use of the ICE surveillance data to stamp out dissent and punish his opponents?

Reading this report in the wake of the Buffalo massacre raised another chilling question: why hasn’t ICE used its data to fight domestic terrorism? How deeply are MAGA bigots already ensconced in this clandestine agency?

How far down the road to autocracy have we come?

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Hooray For The Resistance!

Immediately following the 2016 election, voters across the country organized into units of what they called “the Resistance.” It wasn’t entirely clear just how the members of those groups planned to resist. It still isn’t.

Obviously, most are making efforts to register voters, to encourage turnout, and to spread information about the damage being done by this administration. Naysayers–some of whom post comments to this blog–criticize these efforts as inadequate, although it isn’t always clear what other steps they are proposing.

I have friends who have traveled to the border to assist the humanitarian organizations working there, and I applaud them, but most of us have job and family obligations that prevent us from joining g those efforts. Consequently, there are significant numbers of frustrated citizens who would like to do more to resist this racist and destructive administration, but aren’t sure what actions are available and effective.

Folks in Nashville, Tennessee, have now provided us with one example.

In a Nashville suburb, an ICE agent’a attempt to take a man into custody on Monday morning proved unsuccessful when the man’s neighbors formed a human chain.

 An agent for the U.S. Department of Immigration and Customs Enforcement, according to Nashville’s WVTF Channel 5 (a CBS affiliate), attempted to detain the man in Hermitage, Tennessee, which is about ten miles from Downtown Nashville.

The man had entered his van with his son when the agent blocked them in, and neighbors responded by bringing them water and wet rags. After the neighbors formed a human chain, the man and his son were able to escape and enter their home — which the ICE agent was not authorized to enter.

 The agent had an administrative warrant, which allows an ICE agent to detain someone but not to remove them from a home or vehicle by force. Unable to detain the man, the ICE agent left.

 The incident was broadcast online by the man’s neighbors on Facebook Live.

Time has additional information about the incident.

After a four-hour attempted arrest — during which time the undocumented man and his young son barricaded themselves inside a van parked in front of their home — ICE agents left, and neighbors and activists on the scene created a human chain to allow the family to get indoors.

“At that point it was being extra cautious and letting the family know, look, we got your back, we’re between you and the unknown, and here’s a safe pathway back to your front door,” Tristan Call, a volunteer at Movements Including X(MIX), a collective of young activists who organize for social causes, tells TIME. Call was a part of the human chain.

By the time the attempted arrest was over, dozens of people had showed up to support the undocumented man, including two city councilmen from Nashville. The volunteers showed up as part of a network called ICE Rapid Response to protect undocumented immigrants, just one example of communities throughout the country who have responded to increasing threats of ICE arrests.

Evidently, neighbors who witnessed the attempted arrest sounded the alarm, reaching out to local activist groups, who then informed their networks.

Civil disobedience has a long history in the United States, mostly–albeit not always–for the good.

Episodes like this one–in which neighbors and good people gather to frustrate illegitimate efforts undertaken by their government–give me hope.

The Republicans in the House and Senate who are in thrall to the GOP’s white nationalist base may have been neutered, but the resistance of ordinary Americans, like this episode in (Red) Tennessee, give hope and encouragement to those of us who believe in a very different America than the one to which Trump and his base appeal.

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Snow, Ice and Climate Change

As predictable as it has been, it is discouraging to hear climate change denialists point to the massive amounts of ice and snow as evidence that “global warming” is imaginary. These are not folks who are conversant with science, so perhaps we should explain–very slowly and carefully–why global climate change, aka “global warming”–really is responsible for the bad weather.

As one climate scientist recently explained, there’s approximately four percent more water vapor in the atmosphere now than there was in the ’70s; that’s because the oceans and the air are warmer, and the added moisture in warmer air returns to earth as heavy rain and heavy snow.

This may not make sense to Glenn Beck or Sarah Palin, but most rational people can connect the dots, and understand why we need to limit carbon emissions. If we don’t, climate change will continue to cause extreme and unpredictable weather.

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