RE: [BDSM-LegalIssues] A little quote from the book that was mentioned at the start.
> -----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
6:57 PM
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