Re: [BDSM-LegalIssues] A little quote from the book that was mentioned at the start.
This is only a recent occurrence with our 8 years of republican
insanity.
Dov
dov@neonleatherjesu
On Jan 10, 2008, at 9:57 PM, Malcolm Weir wrote:
> > -----Original Message-----
> > From: Vicki
> > Sent: Thursday, January 10, 2008 5:20 PM
>
> [ Snip ]
>
> > immigrants seem to be outside Constitutional protections since they
> > are not citizens.
> > I am not sure I like this idea but that is the common practice as
> you
> > noted above.
>
> Yeah. It also seems contrary to the letter of the Constitution,
> which does
> distinguish between "people"/"person" and "citizen", and to the
> spirit,
> which is a limit of government powers.
>
> It's also inconsistent: a non-citizen charged with a crime doesn't
> lose his
> rights to a speedy trial, etc.
>
> > Security Clearances are all about possibilities.
>
> Yup. Which has a certain resonance with a current topic of
> conversation.
>
> > From the book mentioned at the beginning as well we have
> > ============
> > This is the lifetime restriction of obs and opportunities that
> > derives from the instant accessibility of arrest
> > information. Increasing use of background checks and wide spread
> > access to the NCIC (Fed Gov
> > database of every arrest made in the United States and its
> > territories means that the record of your
> > arrest follows you around for life.
> >
> > ( Introduction: Page 4
> > last paragraph.)
> > ============
>
> > So this statement goes directly against a statement in the article
> at
> > http://www.llrx.
>
> It's very clear that the author is incorrect with the claim that the
> NCIC
> contains every arrest. The NCIC _only_ contains data that the
> investigating
> jurisdiction chooses to send to it.
>
> [ Snip ]
>
> > ------------
> > The FBI maintains the host computer while providing a
> > telecommunication network to the CJIS Systems Agency (CSA) in each
> of
> > the 50 states, the District of Columbia, Puerto Rico, the U.S.
> Virgin
> > Islands, Guam, and Canada, as well as federal criminal
> > justice agencies.
> > http://www.fbi.
> > ------------
> >
> > Note that the coverage is listed as all 50 states and
> > territories. This matches the book but does NOT match
> > the article.
>
> Err. No.
>
> All that says is that the host computer is *accessible* from all 50
> states,
> etc.
>
> It does not mean that data is provided by all 50 states, etc.
>
> That's a big difference. (And the article referenced doesn't say
> that only
> 22 states provide data; it states that only 22 states provide a
> particular
> kind of data, which is another big difference).
>
> > The article states that the records are not public. The book does
> > not state that they are but claims
> > that lots of people that we might not consider "authorized" seem to
> > have access.
>
> Wiseman claimed: "The author also mentions, on page 121, that under
> federal
> law (unfortunately, no cite is included) companies can access the NCIC
> database."
>
> That's, um, inconsistent with Federal law.
>
> Which, to me, calls the rest of the claims in the book rather into
> question.
>
> [ Snip ]
>
> > If we passed a law that magically made everyone treat people as
> > innocent till proven guilty
> > has no bearing on wether or not we choose to associate with them.
> >
> > We get to associate with them or not "Just because". See Freedom of
> > Association thing.
> >
> > We may think they are guilty as sin and the law may magically make
> us
> > think (a demonstrably
> > impossible task) that they are innocent till proven guilty but it
> > does not and need not require
> > us to associate with them even if such a law could exist.
>
> Yeah. Precisely.
>
> Just Because!
>
> Makes the idea of a law to protect the arrested rather silly,
> doesn't it?
>
> Because "Just because" is, well, Constitutionally good enough.
>
> Oh, and association includes employment, of course.
>
> > -Vicki-
>
> Malc.
>
>
>
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posted by Annja Sue at
7:03 PM
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