Strip-Search Case Reflects Death of American Privacy - News and Current Events | futures io social day trading
futures io futures trading


Strip-Search Case Reflects Death of American Privacy
Updated: Views / Replies:186 / 0
Created: by kbit Attachments:0

Welcome to futures io.

(If you already have an account, login at the top of the page)

futures io is the largest futures trading community on the planet, with over 90,000 members. At futures io, our goal has always been and always will be to create a friendly, positive, forward-thinking community where members can openly share and discuss everything the world of trading has to offer. The community is one of the friendliest you will find on any subject, with members going out of their way to help others. Some of the primary differences between futures io and other trading sites revolve around the standards of our community. Those standards include a code of conduct for our members, as well as extremely high standards that govern which partners we do business with, and which products or services we recommend to our members.

At futures io, our focus is on quality education. No hype, gimmicks, or secret sauce. The truth is: trading is hard. To succeed, you need to surround yourself with the right support system, educational content, and trading mentors Ė all of which you can find on futures io, utilizing our social trading environment.

With futures io, you can find honest trading reviews on brokers, trading rooms, indicator packages, trading strategies, and much more. Our trading review process is highly moderated to ensure that only genuine users are allowed, so you donít need to worry about fake reviews.

We are fundamentally different than most other trading sites:
  • We are here to help. Just let us know what you need.
  • We work extremely hard to keep things positive in our community.
  • We do not tolerate rude behavior, trolling, or vendors advertising in posts.
  • We firmly believe in and encourage sharing. The holy grail is within you, we can help you find it.
  • We expect our members to participate and become a part of the community. Help yourself by helping others.

You'll need to register in order to view the content of the threads and start contributing to our community.  It's free and simple.

-- Big Mike, Site Administrator

Reply
 
Thread Tools Search this Thread
 

Strip-Search Case Reflects Death of American Privacy

  #1 (permalink)
Elite Member
Aurora, Il USA
 
Futures Experience: Advanced
Platform: TradeStation
Favorite Futures: futures
 
kbit's Avatar
 
Posts: 5,872 since Nov 2010
Thanks: 3,301 given, 3,332 received

Strip-Search Case Reflects Death of American Privacy

To be the swing voter, you have to be willing to swing. In the last three weeks, U.S. Supreme Court Justice Anthony Kennedy has shown how itís done.

First he wrote the majority opinion in a landmark 5-4 case establishing a constitutional right to an adequate lawyer in plea-bargaining negotiations. Liberals were enthused. Yet in his tough questioning during the Obamacare arguments, he shook up the conventional wisdom that mandatory coverage would be upheld comfortably.

Liberals were not enthused. Then, as a coda, he wrote the majority opinion in a 5-4 case allowing jails to strip-search anyone being put into the general prison population -- even without suspicion, and even after the most trivial misdemeanor arrest. The same liberals who loved him in March are prepared to loathe him in April.

What principle, if any, explains Kennedyís vote in the strip-search case? Kennedy-watchers know that he is deeply sympathetic to arguments based on human dignity. His perception of dignity led him to vote to preserve the core of Roe v. Wade in 1992, and to write the two opinions that more or less created constitutional rights for gay people.

The plaintiff in the strip-search case was arrested after a routine traffic stop and jailed for a minor outstanding warrant that may well have been a mistake. Before entering the jail, he was forced to strip, lift his genitals, squat and cough. If that isnít an assault on human dignity, you might think, what is?
Violation of Dignity

The short answer is that Kennedy couldnít find a violation of dignity for the petitioner because almost everyone committed to a jail or prison gets similar treatment. (Some states have banned the practice after minor arrests.) Every arrest, even for major offenses, is supposed to take place on the basis of suspicion, not proven guilt.

Everyone in jail is equally presumed innocent until proven guilty at trial -- or until he or she admits guilt in a plea bargain. To find that all of these people are having their most basic rights violated every day would have been too disruptive to the basic practices of American criminal justice.

As a result, instead of arguing about dignity, the justices disagreed about the practical question of whether invasive strip-searches are reasonably necessary to serve the interests of the jails and prisons. Kennedyís majority opinion said that they were.

Justice Stephen Breyer, in dissent, pointed to studies finding the opposite. In one, conducted in New York under the supervision of the federal courts, one prisoner out of 23,000 searched had hidden contraband in his body in a way that would have avoided detection by X-ray and a pat-down. A California study found three instances out of 75,000 prisoners strip- searched.

Itís hard to avoid the conclusion that the strip-searches, however well-intentioned when first instituted, now function to humiliate people being put behind bars, sending the message that they are now essentially nonpersons, under the full control of the state.

Yet, itís worth noting, not even Breyer argued that all strip-searches of people entering jail should be unconstitutional. There is a reason: Privacy, as we know it, is dying. The death is slow and gradual. But it is starting to look inevitable. Supreme Court justices, in general, and Kennedy in particular, rarely fight the trend of history.

There are two main drivers pushing privacy into the dustbin of history, and both are related to technology. One is the increasing effectiveness of government surveillance. Cameras follow you in most public places in
London today, and New York is catching up.

Diffusion scanners at the airport already show you essentially naked. The coalition Conservative-Liberal Democratic government in the U.K. is preparing to allow the state to collect, without a warrant or even suspicion, all information on calls or texts except the content. The governmentís ability to do all of these things causes many of us to think, irrationally, that it is reasonable for it to do so.
Giving Up Privacy

The other driving force is our increasing willingness to sacrifice privacy for practical advantage. When you sign up for a free Gmail account, you agree to allow a computer program to read all your e-mails. This is hardly a secret: The ads that pop up on your browser often relate to the text of the e-mail you have sent or received. Google Inc. gambled that people would rationalize the loss of privacy by saying that no human was reading the text.

Google was right. The list goes on: Global- positioning-system technology on your mobile phone helps you find out where you are -- and enables anyone with access to your provider to do the same.

We all know that our sense of privacy has been changing. It seems that every time you ride the bus you hear one-half of the most intimate conversations imaginable -- emanating from a total stranger with a phone to his ear. The justices cannot help but be affected by these trends. Privacy is defined constitutionally by ďreasonable expectationĒ of what should be private. This may sound circular, but it is in fact inevitable.

The concept of privacy is inherently flexible, and the less we value it, the less our judicial institutions will protect it for us.

Prison inmates, who have less control over their daily lives than anyone, are the most vulnerable to the sacrificing of privacy interests. But here they are really just guinea pigs for the rest of us. The next time airport security tells you to put your hands over your head and hold that vulnerable position for seven seconds, ask yourself: Is this the posture of a free man?


Strip-Search Case Reflects Death of American Privacy - Bloomberg

Reply With Quote

Reply



futures io > > > > Strip-Search Case Reflects Death of American Privacy

Thread Tools Search this Thread
Search this Thread:

Advanced Search



Upcoming Webinars and Events (4:30PM ET unless noted)

Jigsaw Trading: TBA

Elite only

FuturesTrader71: TBA

Elite only

NinjaTrader: TBA

Jan 18

RandBots: TBA

Jan 23

GFF Brokers & CME Group: Futures & Bitcoin

Elite only

Adam Grimes: TBA

Elite only

Ran Aroussi: TBA

Elite only
     

Similar Threads
Thread Thread Starter Forum Replies Last Post
Strip searches for everyone, says Supreme Court kbit News and Current Events 4 April 3rd, 2012 02:27 PM
Republican Bill Would Strip Fed's Jobs Mandate Quick Summary News and Current Events 0 February 24th, 2012 01:20 PM
Facebook settles privacy case with FTC kbit News and Current Events 0 November 29th, 2011 06:57 PM
Google forced to change privacy practices after report the search giant publicises th kbit Off-Topic 0 June 28th, 2011 08:26 AM
A London Strip Club Just Got Raided kbit Off-Topic 6 May 27th, 2011 12:41 AM


All times are GMT -4. The time now is 10:46 PM.

Copyright © 2017 by futures io, s.a., Av Ricardo J. Alfaro, Century Tower, Panama, +507 833-9432, info@futures.io
All information is for educational use only and is not investment advice.
There is a substantial risk of loss in trading commodity futures, stocks, options and foreign exchange products. Past performance is not indicative of future results.
no new posts
Page generated 2017-12-13 in 0.08 seconds with 19 queries on phoenix via your IP 54.226.113.250