Trace Mitchell - Free the People https://freethepeople.org/author/tracemitchell/ Free thinkers, unite. Fri, 22 Nov 2024 20:27:08 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.2 https://freethepeople.org/wp-content/uploads/2015/12/favicon-194x194-150x150.png Trace Mitchell - Free the People https://freethepeople.org/author/tracemitchell/ 32 32 On the Apple/Law Enforcement Controversy: Where is the Same Outrage Over the Third-Party Doctrine? https://freethepeople.org/on-the-apple-law-enforcement-controversy-where-is-the-same-outrage-over-the-third-party-doctrine/ https://freethepeople.org/on-the-apple-law-enforcement-controversy-where-is-the-same-outrage-over-the-third-party-doctrine/#respond Wed, 15 Jan 2020 14:39:39 +0000 https://freethepeople.org/?p=6950 In a world where tech companies gather so much data about their consumers, the third-party doctrine creates a kind of “legal backdoor” for law enforcement to avoid the warrant standard.

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At a press conference on Monday, U.S. Attorney General William P. Barr called last month’s naval air station shooting in Pensacola, Fla. an act of terror and pleaded for Apple to provide access to two of the gunman’s cellphones. In this investigation (as with previous investigations of domestic terrorism), Apple has indicated it will remain steadfast in its commitment not to provide law enforcement with a “backdoor” that would allow them to unlock an iPhone that they don’t have the credentials necessary to access. This has spurred a national debate on the topic of data privacy and whether law enforcement should be given special access to encrypted technologies, with civil libertarians on one side of the issue and domestic security advocates on the other.

Everyone and their neighbor seems to have a strong opinion on whether Apple should or shouldn’t comply with the FBI’s request to create a backdoor encryption tool. However, amid all this passionate discourse over data protection, no one seems to be talking about the “legal backdoor” that already jeopardizes individuals’ privacy: the third-party doctrine.

Under the Fourth Amendment, government agents must, generally, obtain a warrant supported by probable cause before they can search or seize your private information. However, the third-party doctrine provides a major exception to this requirement. Government agents don’t have to get a warrant before obtaining information you’ve shared with another person or entity, even when “the information is revealed on the assumption that it will be used only for a limited purpose.”

This is dangerous, because not every company has the same zeal for data privacy as Apple. What happens when tech companies are more than happy to work with law enforcement? What happens when the FBI, or more likely your local police department, asks your car manufacturer to hand over your vehicle’s GPS location data from the past three weeks?

Whether it’s your emails, texts, search history, or the first draft of your novel that you have saved on the cloud, if a tech company or another third-party hosts information and is willing to comply, then law enforcement can access it.

In a world where tech companies gather so much data about their consumers, the third-party doctrine creates a kind of “legal backdoor” for law enforcement to avoid the warrant standard.

So while the rest of America is arguing about Apple creating a tool to unlock specific iPhones, law enforcement agents across the country have the sweeping (and terrifying) ability to access the vast majority of your information with ease. It may sound Orwellian, but this is the current state of Fourth Amendment jurisprudence in the United States.

Fortunately, there is a solution. While the Supreme Court is unlikely to overturn the third-party doctrine anytime soon—though it has narrowed its scope in recent years, with cases like Carpenter v. United States—legislatures can always step in and provide citizens with greater protection. Whether it’s at the federal or state level, policymakers can put rules in place that limit law enforcement’s ability to access this information, such as holding government agents professionally responsible when they try to obtain information held by third parties or making that data inadmissible in court. Though legislation may not have the same long-term solidity as Supreme Court doctrine, it would still go a long way in protecting Americans’ private data.

It’s great that people are passionate about Apple and its praiseworthy commitment to customers’ privacy. But we should use that same passion to talk about the third-party doctrine and find ways to provide better protection for so much of the data we use in our day-to-day lives.

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Here’s Your Reminder That Immigrants Really Do Improve Our Lives https://freethepeople.org/heres-your-reminder-that-immigrants-really-do-improve-our-lives/ https://freethepeople.org/heres-your-reminder-that-immigrants-really-do-improve-our-lives/#comments Thu, 26 Sep 2019 13:44:17 +0000 https://freethepeople.org/?p=6751 No matter your views on American immigration policy, we should all take time to appreciate the many ways in which immigrants make our lives better on a daily basis.

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Immigration is looking to play a crucial role in the 2020 election. Donald Trump ran and won the presidency on a platform of increased border security, tighter restrictions on immigration, and the building of a physical wall along the southern border. On the other side of the aisle, repealing section 1325 of the U.S. Code—the portion that makes it a criminal offense to enter the country through improper channels—was a primary issue during the first Democratic debate.

No matter your views on American immigration policy, we should all take time to appreciate the many ways in which immigrants make our lives better on a daily basis.

No, this isn’t an exhaustive list. But these are just below are a few examples of how immigrants drastically improve our great American experiment.

Immigrants are Creative Entrepreneurs

In 2017, the Center for American Entrepreneurship analyzed Fortune 500 data and found that 216 of the companies on Fortune’s list had at least one founder who was an immigrant or the child of an immigrant. That’s 43 percent. These companies employed over 12.5 million workers and generated nearly $5.3 trillion in revenue. Among their founders are Elon Musk, Steve Jobs, and Walt Disney. So the next time you’re checking out the new Tesla roadster, reading an article like this on your iPhone, or walking with your kids around the “happiest place on earth,” take a moment to appreciate that an immigrant played a major role in bringing you that experience.

Even Chevrolet, which has become a quintessential American icon, was founded by Swiss race-car driver Louis Chevrolet. In fact, despite making up less than 14 percent of the population, immigrants account for 28 percent of small business owners. It seems as though many immigrants really do come here to pursue the American Dream.

Immigrants Give Back to Their Communities

Cyrus Tang was a Chinese-born immigrant who moved from Hong Kong to the United States in 1950 as a student. He became an incredibly successful businessman in the areas of steel, pharmaceuticals, and furniture, but instead of basking in his success, he decided to give back. He has donated millions of dollars to foundations to help build schools in rural areas and has provided scholarships for over 100,000 students. And this is not a rarity. Immigrants are constantly finding ways to strengthen their communities. In fact, the second-largest philanthropic organization in the United States, Open Society Foundations, is run by Hungarian-born investor George Soros. Open Society Foundations works on a number of issues, including criminal justice reform and democratic participation. Immigrants consistently sacrifice their time, energy, and resources to help build up those around them.

Immigrants Enhance Our Culture

Whether it’s art, aerobics, cinema, music, clothing, or cuisine, immigrants contribute to the beautiful tapestry that is American culture. Think about your go-to sushi joint or your favorite Mexican restaurant. Your weekly yoga class or your local pilates studio. All of these originated in other countries and came to the U.S. because of immigrants. The inventors of the hotdog and hamburger were both immigrants. American rock legend Eddie Van Halen was born in the Netherlands, and his family immigrated to the United States when he was a kid. Despite what many believe, rather than detracting from or weakening American culture, immigrants improve our culture and show us new and better ways to live.

Topics like immigration can be particularly divisive. Each side is incredibly passionate about what they believe, and it makes sense that they would be. But even in disagreement, we can still find common ground—maybe, just maybe, we can all agree that immigrants truly do make our lives a little richer each day.

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