Tuesday, April 25, 2006

In Memoriam: Jenna, 1992-2006





It’s not been a good day today around the Rants household. Our 14-year-old cat Jenna crossed the rainbow bridge this afternoon, to the place where she could be free of the pain that has been afflicting her.

My lovely yet talented wife (and I was using the phrase long before Tbogg) got Jenna when she was just a kitten. A friend called the missus (who was not yet a missus, of course) and said two stray kittens had followed him home, and he didn’t know what to do. Jason couldn’t keep them because he already had two cats. The future missus suggested that he call another friend, who promptly adopted both kittens. The missus went to visit this friend a couple of days later… and came home with Jenna.

Despite my being a dog person, even I could tell Jenna was a sweet cat, even though I met her late in life when she was already well past her prime.

I don’t think Jenna ever really forgave mommy for bringing home “that stray human” back in 2003 (when we got married), and I know she never forgave me for bringing home Emily (the Labrador). Every once in a while, though, Jenna would deign to sit in my lap (usually when I was trying to work on the computer or read), and would allow me to administer a “bilateral four-knuckle neck rub.”

Those of us who are lucky enough to share a life with a non-human-American should take a little extra time and give our companions a little extra love. Remember that pets love their humans unconditionally (well, at least dogs do; cats are a different matter). We owe it to them to make their lives as comfortable as possible.

If any of my 3-4 readers would like to share memories of their pets, please feel free to do so.

Monday, March 27, 2006

Surveillance Convergence

Scott Baltic, the editor of Homeland Protection Professional magazine, has an editorial in the current issue [no link, paid subscription required] that discusses the convergence of public and private surveillance efforts. Baltic cites the following example of what happens when the two sectors work together in, perhaps, unanticipated ways:

Say you just put some gas into the minivan you rented, but suddenly your credit card doesn’t work. Turns out that the rental company (which was monitoring your driving) fined you three times for speeding and instantly put the fines ($450 worth) on your card, which is now over its limit.

Yes, that really happened, and according to the fine print on the rental contract (you know, that stuff none of us ever reads), it was legal.

[snip]
The system that has already grown up, [Washington Post reporter Robert O’Harrow, Jr] said, is “very secret and hard to hold to account,” largely because it’s being driven by the information and marketing industries, which tend to be little regulated.

[snip]

[O’Harrow] also noted there’s no evidence that any terrorists have been caught through increased domestic surveillance.


Baltic echoes O’Harrow’s comments about the lack of public debate on these issues.

Not that there’s been a lack of debate about surveillance: writers across the political spectrum have been going on and on about various surveillance issues (especially the brouhaha over preznit’s use of the NSA to spy on all of us). I think Baltic’s point (and O’Harrow’s, for that matter) might be that some of the more esoteric dangers may be getting lost in the bigger picture.

Baltic cites one information source that many people don’t think about – tollway passes like EZ-Pass. When I was a teenager in Connecticut in the 70’s, we had paper toll tickets we could use (at a hefty discount) on the Conn. Turnpike. Although the tickets were numbered, nobody ever tracked the purchasers, so one could pretty much travel anonymously. The state then instituted a system of toll plates for use on the Merritt and Wilbur Cross Parkways. These plates were purchased (again at a hefty discount) from the Department of Motor Vehicles, and allowed the operator to pass through the toll plazas without stopping, but all the driver’s information was on file with DMV; however, the individual toll plazas did not record each passage of a specific vehicle.

EZ-Pass, however, being computer-driven, creates a permanent record of when and where every EZ-Pass comes within range of a reader. We’ve probably all seen various episodes of “Law and Order” where detectives pull a suspect’s EZ-Pass records to prove he/she was in the area of the murder. EZ-Pass is accepted in 11 states (basically everything north and east of Virginia, plus Illinois); that means – if you have EZ-Pass – that your vehicle can be pinpointed as to date, time, and location, any time you are on a toll road in any of those states.

If this information is coupled with, say, credit or debit card records, or customer-loyalty cards from your supermarket, the resulting aggregation of data is astounding. Throw the records from your GPS or OnStar service into the mix, and give up any thoughts you might have about privacy when you travel.

Couple this with the recent disclosures about the NSA, and previous issues with the so-called “PATRIOT Act”, and it becomes obvious that not only is Big Brother here, he’s here to stay. And when you consider that Big Brother is personified by Bush, Cheney, Gonzales, Rumsfeld, et al., you should be afraid. You should be very afraid.

All these various surveillance techniques and programs are being pitched as efforts to “fight terrorism”, yet as O’Harrow points out, no terrorists have been caught as a result.

Security expert Bruce Schneier, whom I’ve quoted before, has additional commentary on surveillance issues in his Crypto-Gram newsletter.

Be afraid. Be very afraid.

Saturday, March 25, 2006

DOJ and NSA Strike (Out) Yet Again......

"I'm article the eighth I am, article the eighth I am, I am..."

Associated Press is reporting that NSA may have monitored otherwise-privileged calls between patients and doctors or lawyers and clients, according to the Department of Injustice. Not only that, the government is claiming there appears to be no legal barrier against using this evidence in criminal cases. This is based, of course, on the administration's claim that the warrantless spying "does not violate the Fourth Amendment".

"Although the program does not specifically target the communications of attorneys or physicians, calls involving such persons would not be categorically excluded from interception," the department said.
The government goes on the "explain" that the same "general criteria" would apply to doctors' and lawyers' calls as to all other calls monitored under the program: there must be "reason to believe" one party is linked to al Qaeda. Trouble is the administration has been monitoring calls "related to terrorism", not just those involving al Qaeda. And since the administration has been claiming for quite a while now that anyone who doesn't support preznit supports terrorists, there's nothing to keep them from spying on "terrorists" whose only "offense" is not worshipping at the altar of preznit.

Michigan Rep. John Conyers also complains about Justice's evasiveness in answering questions from his committee. "All but two of 45 answers to the House Judiciary Democrats were vague and unresponsive."

"We assure you, however, that the department keeps the Foreign Intelligence Surveillance Court fully informed regarding information that is relevant to the FISA process..."


This is not all that reassuring, in that the administration has made it abundantly clear that whatever spying the NSA is doing doesn't fall under the purview of the FISA court. They haven't told the FISA judges squat about the program.

The department also avoided questions on whether the administration believes it is legal to wiretap purely domestic calls without a warrant, when al-Qaida activity is suspected. The department wouldn't say specifically that it hasn't been done.

"Interception of the content of domestic communications would present a different legal question," the department said.


Great.

Another question the bastards are ducking.

ITMFA

Wednesday, March 22, 2006

DOE Strikes (Out)

Part Seven... this is getting to be as long as the list of preznit's vocal blunders...

The Department of Energy has managed to misplace at least 18 pieces of computer equipment. That's bad enough, except these pieces came from their "Office of Intelligance" (nah, I'm not going to say it... some comments don't have to be written), and may have contained classified information. Like security procedures for nuke plants, f'rinstance.

Additionally, more than 200 pieces of "sensitive" property had not been entered into DOE's inventory, and DOE had not reported missing sensitive property to their own security department.

Can anybody in the Bush administration do anything right?!?

I didn't think so.

The NRC Strikes (Out)

Yeah, Part SIX...

The Nuclear Regulatory Commission (NRC) is investigating a leak of tritium that occurred at the Indian Point nuke plant in New York. Officials believe the leak originated in the spent-fuel pools.

The nuclear power industry, of course, would prefer that the investigation go away. Safety costs money, after all... and that money could be better spent in executive bonuses.

Or should that be bonii?

Want some info on tritium? Read Tom Clancy's Sum of All Fears.

Here’s our Deal. Are you listening Democratic Congress People?

Pissed Off Patricia posted this open letter this morning. It's reprinted here with her kind permission.

As usual, she has hit the nail on the head.

_____

Dear every Democratic congress person who doesn’t support Senator Feingold’s call for censure.

Why the hell not? Why are you afraid to step up?

Are you afraid it will make you look weak on defense? Forget that, because there is so much more at stake here than appearances. We’re talking about the future of our country. We’re talking about the rights that the Constitution promises the citizens of the United States. See? We don’t give a damn about how you look, we do give a damn about what soldiers have fought and died for in previous wars. They died so that we could be free and live in a democracy. Those were brave people who were willing to give their lives. Aren’t you brave enough to step up now for the same cause?

For god’s sake stand up, admit you trusted the word of the President of the United States when you voted to support the war but now you see that you were misled. Damn, how hard is that? Others have done it, why can’t you?

We aren’t buying your mantra of having to look into whether the wiretaps were legal. You know they weren’t. We know they weren’t. The president hid the program because he knew they weren’t. Are you willing to give this president who fooled you into supporting this disastrous war any and every authority he wants? Even after he has made you look foolish, you still support what he’s doing? Have you lost your mind? Don’t you see the danger here? Don’t you understand what the hell this will do for his authority?

To borrow a line from this president, when you step up, we’ll stand down. We mean it. When you step up and support Senator Feingold’s call for censure, we’ll shut up. But for now we aren’t going away. Well, if you don’t step up, we will go away from you at the voting booth. But, for now we’re going to keep on bugging you. And I don’t mean in an NSA sort of way. We adhere to the laws of our country. We respect your privacy so we’re going to talk to you in public and we’ll talk loud.

Karl Rove has his little word out now that you guys are “angry”. Rove has no idea how angry we are because you guys aren’t angrier. For heavens sake, you have every reason to be mad as hell. In fact I can give you over 2300 flagged draped coffin reasons. We are at war because someone cooked the intelligence, sexed it up, and it was force fed to you. That doesn’t make you angry?

What’s more important, your reelection or the future of our country? We know, do you? One day you will be gone from the political arena but you have a chance today to do something that will change the outlook for future generations. You can do something that will take our country back from lawlessness to a country of laws that apply to all its citizens. Don’t you owe your kids and their kids that much? Isn’t it time to be statesmen and women instead of just politicians?

So here’s our deal. You support Sen. Feingold and on election day and we’ll support you. If you don’t support him, then you might as well change your party affiliation. What you’re telling us is that you are more concerned about protecting yourself than you are about protecting the Constitution. That sure says a lot.

_____

Many of her commenters have said they're going to print this out and mail it to their Congresscritters.

Sounds good to me!

Tuesday, March 21, 2006

The Times, They Are A-Changin'...

I saw on Yahoo tonight that one Florida county has dropped additional charges against former teacher Debra Lafave (charges from an earlier trial in another county resulted in a well-publicized conviction).

This is Debra Lafave:



This is how I remember my teachers:




As the Great American Philosopher Rodney Dangerfield once said, "It ain't easy bein' me."

A Public Service Announcement...

Since it’s a well-known fact that all the senior executives of all of the “Fortune 500” companies are regular readers of this blog [koff-koff-bullshit-koff], it is worthwhile pointing out the fact that due to improvements in workplace security postures, executives’ private residences are becoming more tempting targets for the bad guys.

Hence, these suggestions:

  • Get an unlisted phone number

  • Use a P.O. box (or a private mailbox service) to receive personal mail

  • Vary your routes to and from work on a daily basis

  • Install an alarm system and motion-sensor lights

  • Keep doors and windows locked at all times

  • Report suspicious persons and encourage your neighbors to do the same

  • Never admit solicitors or strangers into your home

  • Make sure your home’s floor plan is not on the Web (builder’s website, or real estate agency)

  • Develop and practice a security plan and emergency procedures with all members of the household

These steps are equally valid for single women.

We now return you to your regularly-scheduled Internets.

TSA Strikes (Out) Yet Again!

Part Five of the never-ending saga of those being “driven into shrill unholy madness by the incompetence, mendacity, and sheer disconnection from reality of the George W. Bush administration”… [™ Shrillblog]

James Bennett, president and chief executive officer of the Metropolitan Washington Airports Authority, said “the current system of screening checked baggage at our two airports, which is solely and exclusively the responsibility of the federal government, is not capable of meeting the current demand, is operationally inefficient, consumes an inordinate amount of Transportation Security Administration resources and is incapable of meeting the projected demand for our airports.” [emphasis added]

Way to go, guys. Do what you gotta do to keep TSA, and by extension, DHS, the most inefficient, ineffectual agencies in the whole goddamned government, while still managing to waste billions of taxpayer dollars.

These are the people who grab grandmothers with toenail clippers in the bottom of a 40-pound carry-on, but can’t manage to locate bomb-making materials in checked baggage, because they’re too busy ripping off the traveling public.

TSA Stikes (Out) Again

Part four… this is getting to be like The Hitchhiker’s Guide to the Universe*…

I’ve written – disparagingly – about the TSA in the past. The Transportation Security Administration was formed after the 9-11 terrorist attacks to centralize airline passenger screening under Federal auspices, instead of the then-current system of having each airline contract out its screening operations.

At first, I was in favor of the concept. Having been in the security profession for 25 years, I was well-aware of the realities of airline security. With the much-publicized financial woes of many of the airlines, it was inevitable that “loss-centers” like security would be shorted in favor of federally-mandated programs like maintenance or “profit centers” like maintaining flight frequencies. For most airlines, the purchasing department, not security experts, were in charge of selecting a security contractor to provide screening services. Since the purchasing people usually had little or no knowledge of security (other than having to wear their ID badges at work), it wasn’t surprising that most bids were awarded solely on the basis of cost. The problem is that security services should not be purchased on the basis of the lowest bid: you get what you pay for. If an airline receives bids from two security contractors, one at $15.00 per man-hour and the other at $20.00, the airline would usually go for the $15-an-hour company. Usually, one-half of the per-man-hour cost is the salary for the employee, while the other half is corporate overhead (recruiting, uniforms, background checks, benefits administration, etc.) and profit. This means the winning company pays its employees about $7.50 per hour, while the losing company pays $10.00. Do you think maybe you might get a higher-caliber person for $10 than you would for $7.50?

One of the biggest problems with the contract security industry is that in order to maintain “reasonable” profits, the companies have to minimize expenses… and the expenses that tend to be minimized are salaries for the line officers, training, equipment, and benefits (corporate bigwigs, of course, get excellent salaries and bennies). This, in turn, leads to high employee turn-over. Industry figures I’ve seen indicate a 400% annual turnover in rank-and-file staff. Yes, 400% annually… that means a completely new work force every three months. Of course, it’s not quite that bad – some people leave company A to work for company B, move onto C and so on, but this constant turn-over increases the employer’s costs, which results in even less money available for salaries for the troops. The artificially-low pay scales resulted in two types of employees: part-timers (whose main loyalty, obviously, was to their full-time job, which was usually not security-related) and those who could not get better jobs (like flipping burgers at McDonalds). Either way, the public suffered, even if they didn’t realize it.

Additionally, the lack of standardized training requirements – hell, the lack of any training requirements in many states – led to tremendously unqualified people performing critical functions. Often, screeners would have – at most – an hour or two of training, with just the most basic rudiments of what they were seeing on the screen. The screeners – because of their insufficient training – often could not distinguish between objects that pose a legitimate threat and those that don’t.

That’s why I was so hopeful about TSA in the early days. A Federal takeover of screening would have relieved the airlines of one significant expense (thereby hopefully allowing them to devote that money to maintenance), while at the same time providing screeners with a living wage (originally, the annual wage for entry-level screeners was to be about $40k), and allowing realistic system-wide training standards.

Of course, as is always the case with BushCo initiatives, the idea didn’t quite work out that way. First, the feds cut the pay scales back, almost to the pittance the private-sector screeners were making (about $17K, and try living on that!). Then, the feds removed many employment safeguards, like Civil Service protections, the right to engage in collective bargaining, and so on.

As a result, we have seen several hundred TSA screeners arrested and charged with stealing from airline passengers, both in the security screening lines, and from checked baggage. We’ve seen complaints of other illegal behaviors, including alcohol and drug use at work, harassment, racial profiling, and so on. We’ve seen arrogance coupled with incompetence, and stupidity coupled with authority.

Now, the GAO – Government Accountability Office – has compiled a classified report showing that federal investigators were able to carry bomb-making materials past screeners at 21 airports. Even when investigators deliberately triggered extra screening precautions, no one discovered the materials.

Recipes for homemade bombs are readily available on the Internet, and the ingredients are all available over the counter, so it’s not like this is some far-fetched scenario.

With the advent of hardened cockpit doors, and (admittedly) half-assed screening at check-in, experts say that explosives are now the biggest threat from terrorists targeting airliners.

But the screeners can’t spot the materials, even in extra-scrutiny situations. Yet these are the same people who can find a pair of toenail clippers in a woman’s carry-on suitcase.

Security expert Bruce Schneier, whom I’ve quoted before, points out that TSA and its parent agency, the Department of Homeland Security, spend most of their time “preparing for the last attack”: after 9-11, all emphasis was on aircraft security; after the Madrid and London bombings, emphasis shifted to commuter transit.

For some bizarre reason, TSA and DHS seem to be unable to think outside the box; they’ve expressed little interest in securing segments of the critical infrastructure that have not yet been attacked, but that have obvious and well-publicized security short-comings, like chemical and power plants. Nor has there been a concerted effort to prepare for a possible (or, some say, inevitable) bird flu outbreak, other than the Department of Health and Human Services advising Americans to stockpile canned tuna and powdered milk (the “duct tape and plastic sheeting” school of emergency preparedness). And of course we all know how well another DHS component, FEMA, fared in responding to Hurricane Katrina.

Part of the problem with DHS is the tendency to concentrate on the “sexier” parts of their mandate, like terrorism, and neglect the more mundane aspects like disaster preparedness. It is this misplaced emphasis that eliminated FEMA as a separate Cabinet-level agency, that gutted the training and preparedness activities, and directly resulted in such fiascos as Katrina.

The same misplaced emphasis has resulted in allegedly professional screeners who needlessly risk our lives and who can’t successfully perform their job functions.

___

* For those who aren't familiar with the series, it is a five-volume comedic/science fiction trilogy by the late Douglas Adams.

Monday, March 20, 2006

From the "Big Brother Is Watching" Dept.

A company in Ohio, CityWatcher.com, a provider of security cameras and Internet digital video storage, has reportedly taken RFID – radio frequency identification, those little tags on CD’s and DVD’s that make us so crazy at WallyWorld – to the next level by implanting a couple of employees with the chips for the purpose of access control.

I don’t really mind micro-chipping our Labrador so we can get her back if she strays, but y’all AIN’T gonna microchip me. Especially not for work purposes. Those things are too easy to trace.

Plus, of course, I remember Michael Crichton’s novel, The Terminal Man.

HHS Strikes (Out)

Okay, here we go with Part Three. My God, will it never end?

The Department of Health and Human Services, taking a page from the DHS playbook, is advising citizens to stockpile canned tuna and powdered milk, in case of (what some experts say is an inevitable) outbreak of bird flu.

Granted, HHS has a valid point (surprising, ain’t it?) that families should be prepared for emergencies, by stockpiling at least one week’s worth of food, water, and medical, emergency and sanitary supplies. [The Red Cross has a list of recommended emergency kit contents], but still, wouldn’t it make more sense for the government to try to do something to prevent or at least mitigate the impact of an outbreak?

Course, nothing like that’s going to happen till Halliburton gets a license to manufacture TamiFlu.

Ministry of Homeland Insecurity Strikes (Out) Again

In Part Two of what seems to be becoming a seemingly endless series…

The WaPo reports that “Heckuvajob” Brownie “purposely and admittedly” avoided communicating with his boss, DHS Secretary Michael “Skeletor” Chertoff after Katrina hit NOLA. He also purposely ignored the National Response Plan – the “master plan” for disaster response.

The report of the House panel investigating the fiasco also said that Brown’s actions cost the United States “an opportunity to determine whether the NRP worked.” Of course, given the fact that the NRP was developed under preznit’s watch, it’s pretty much a given that it would have failed miserably anyway.

The report also criticized Brownie for not advising Skeletor of the steps he should take under the NRP. As a former (state) government employee, however, I can tell you that part of the report is unfair to Brown. We’ve already seen countless examples of what happens when people try to tell preznit’s butt-boys how to do their jobs. I don’t blame Brownie for keeping his mouth shut on that one.

As I said in my previous post, picking the worst agency is a real crap-shoot… but I guess DHS wins, hands down.

Dept of Injustice Strikes (Out) Again

Last week, US District Judge Leonie Brinkema ruled that the Department of Injustice cannot call a handful of witnesses in the death-penalty trial of Zacarias Moussaoui, because the gummint flat-out ignored her orders that the witnesses not be coached, as well as two other “major instances of misbehavior” by the prosecution.

The officials were to provide a pillar of the Injustice Department’s argument as to why Moussaoui deserved to die: that had he told investigators when he was arrested on immigration violations three weeks before the 9-11 attacks about al Qaeda’s plans to fly planes into buildings, the Federal Aviation Administration would have put in place security measures that could have prevented the attacks.

These would, presumably, be the same security measures preznit declined to put in place after the August PDB, and also the same measures that the FBI failed to take after being told of Arab flight students who didn’t want to learn landings and take-offs, only in-flight procedures.  As one novelist put it, “The first rule of aviation is to keep the number of take-offs equal to the number of landings.”  It shouldn’t take a Mensa member to maybe smell a rat when a “pilot” didn’t want to learn to land.

The surprising thing is that Judge Brinkema did not completely rule out the death penalty for Moussaoui, as some commentators thought she would.  Three major violations should have been enough to show a pattern of prosecutorial misconduct, but the judge seems to be willing to let the case continue, albeit without the “critical” FAA witnesses.  She did say, however, that the government’s case was “too riddled with errors” to proceed without some sanction against the government.

It’s getting harder and harder to decide which part of preznit’s assministration is the most corrupt and/or incompetent, but the Department of Injustice ranks right up, due in large part to Asscroft and Abu Al Gonzales.

A "Yerpan" View of Preznit

Today’s edition of the International Herald Tribune has an op-ed piece by William Pfaff that is well worth the read. It’s called “If Bush ruled the world” and has these salient comments on preznit [emphasis added]:

  • “Intellectual poverty is the most striking quality of the Bush administration’s new National Security Strategy statement…”

  • “The statement's only visible purpose is to address a further threat to Iran, as its predecessor, in 2002, threatened Iraq. The only actual "strategy" that can be deduced from it is that the Bush administration wishes to rule the world. The document is nonsensical in content, insulting to other nations and unachievable in declared intention.”

  • The document's foreign readers will have two reactions. The first will be that it can't be serious. The second will be that it has to be taken seriously since these people have spent three ruinous years in a futile effort to control Iraq; they must be assumed capable of doing the same thing again to Iran.

  • “… the effort in Iraq has been worth it because now "tyrants know that they pursue weapons of mass destruction at their own peril." (One has also learned that those who pursue nonexistent weapons of mass destruction also do so at their peril.)”

All in all, the piece is a pretty damning indictment of preznit’s so-called “foreign policy”, especially coming from a newspaper that is widely regarded in “Yerp” as an authentic voice of America.

Full disclosure statement: I have a warm spot for the Trib, as my father worked there before the “domestic” edition folded in the newspaper strike in the 60’s. The IHT had been a joint effort of the NY Times and the Washington Post, before the Times bought out the whole thing.

The Further Adventures of Felafel-Boy

The blotchy-faced, morally-leprous, walking-talking anal wart himself, Bill O’Lielly, is at it again. You can always count on falafel-boy to be crude, tasteless, and generally an ass.

O’Lielly’s fans recall with fondness his offer to the terrorists for a free pass if they bomb San Francisco. And who could ever forget those sweet little nothings he whispered in his staffers’ ears?

According to an article in the upcoming New Yorker, the twit has continued his criminal ways:

  • He threatened a caller with “a little visit” from “Fox security”… and since when has Fox security had any jurisdiction anywhere? As a security professional, I can tell you security personnel have no more legal authority than you or I.

  • He threatened NY Times columnist Frank Rich and editor Bill Keller, saying “we’ll just have to get into their lives”.

  • He advocated the murder of LA Times editorial page editor Michael Kinsley, saying “…until they grab Michael Kinsley out of his little house and they cut his head off”.

His “thriller”, Those Who Trespass – described by the New Yorker as a “revenge fantasy” – steals a scene from John D. MacDonald’s “Travis McGee” novel A Tan and Sandy Silence.

God, what a retard.

Thursday, March 16, 2006

The NRA and "Forced Entry" Laws

I was cruising the Internets the other evening, doing some research, when I ran across this report on the website for The Brady Center for the Prevention of Handgun Violence. I figured with a title like Forced Entry: The National Rifle Association’s Campaign To Force Businesses To Accept Guns At Work, I could probably guess the gist of the report.

I was wrong.

The report is much more sobering than the title indicates.

The report details the (unfortunately successful) effort by the NRA – the organization that supports hunting squirrels with a 50-caliber machine gun and arming Vice Presidents – to push a bill through the Oklahoma state legislature that makes it a crime – a crime, with prison and fines and everything – for:

[…] anyone—“person, property owner, tenant, employer, or business entity”—to bar any person, except a convicted felon, from bringing a gun onto any property in Oklahoma that is “set aside for any motor vehicle.” [Citations omitted]


As the legal beagles say, let’s examine the “elements” of this law:

  • person, property owner, tenant, employer, or business entity: this pretty much covers anyone who might be in control of any real estate

  • to bar any person, except a convicted felon: this would mean that disgruntled ex-employees, abusive spouses, angry customers or neighbors, whackos, weirdos, drunks, junkies, psychopaths, etc., as long as they have not been convicted of a felony

  • from bringing a gun onto any property: this means your home, store, business, playground, church, bar, hospital, nuclear plant, courthouse, prison (!), day care center, etc.

  • set aside for any motor vehicle: basically, anyplace with a driveway or parking lot… or anywhere an ATV, snowmobile, or off-road vehicle could get to.

Additionally,

In addition to making violators subject to criminal penalties, the NRA-backed forced-entry statute provides individuals with a right of action to sue persons,
property owners, tenants, employers or businesses to force them to accept guns into any place set aside for motor vehicles and collect court costs and attorneys fees if they prevail. [Citations omitted]


In other words, if you tell some yahoo he can’t bring his gun onto your private property, YOU go to jail, YOU get fined, YOU get sued, YOU have to pay HIS legal expenses.

Notice there is no requirement that the person have a Carry Concealed Weapons (CCW) permit. The only restriction is that he not be a convicted felon.

Notice, also, there is no restriction on the number or type(s) of guns the yahoo can bring onto your private property: assault weapons, sniper rifles, heavy machine guns… anything the mope wants to bring with him.

The only requirement is that the weapon(s) be locked in a motor vehicle.

The Brady Center refers to this travesty as a “Forced Entry” law.

The NRA “rationalizes” this by saying people would be better able to protect themselves if they had ready access to firearms. I fail to see how having a .45 locked outside in your car is going to protect you from some whacko roaming around inside with a 12-guage.

Obviously, the NRA isn’t content with “just” having guns in the parking areas. No, this is just the first step toward their eventual goal: extending the “forced entry” law(s) to allow guns inside all buildings.

Of course, a number of companies – including ConocoPhillips and Securitas Security Services (which provides armed security guards) – and other organizations filed suit to block the law. Some of the organizations are ASIS International (the American Society for Industrial Security) and the Society of Human Resource Management. In retaliation, the NRA has launched a boycott of these companies and organizations.

Aside from the obvious safety and security concerns, there are many other factors to be taken into consideration.

  • The Oklahoma law may violate the Fifth Amendment to the Constitution: “No person shall […] be deprived of life, limb, or property, without due process of law[…]”. A reasonable argument could be made that the law deprives the property owner of his ownership rights, by requiring the owner to admit persons he would otherwise bar from his premises.

  • The Fourteenth Amendment’s “due process” clauses may also be violated: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In effect, the property owner is deprived of equal protection of the law.

  • The Occupational Safety and Health Act (OSHA) obligates “each employer [to] furnish to each of his employees … a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” Certainly getting shot would qualify as “serious physical harm”.

  • Employers have a generally-recognized right to set basic work rules and regulations. The Oklahoma law appears to be in conflict with this right.

These “forced entry” laws put employers in the untenable position of having to provide a safe workplace, while being legally banned from prohibiting guns in the workplace.

It’s no secret that incidents of workplace violence are increasing. Logic would dictate that workplace homicides – the vast majority of which are committed with guns – could be reduced by widening the prohibition of guns in the workplace and by tightening the requirements for buying and carrying them.

But the nutcases at the NRA don’t agree. They want every drunk, mouth-breathin’, Bible-thumpin’, hooker-humpin’, sister-marryin’, rifle-rack-in-the-pickmup neocon wingnut to carry his piece wherever he goes.

Monday, March 13, 2006

Various News Notes From the Past Week

In no particular order, here are some odds and ends (and my commentary on them) from the Internets.

  • Gas stations are using zip codes to help reduce credit card fraud. The theory is that the customer provides his or her zip code when making a purchase; if it matches the bank records, the customer is good to go. If the zip codes don't match, well, the sale isn't authorized.
This is actually a pretty good idea... if it is implimented properly. The trouble will be getting the oil companies to reprogram their systems to ask for zip codes. Anything that reduces credit/debit card fraud is helpful

  • Cops are starting to recover more hotel key-cards... with customer's bank data encoded in the magnetic stripe. Thieves retrieve the cards after their discarded by hotels (since they're single-use). The bad guys then encode bank data (which they buy or acquire elsewhere) onto the cards. The key-cards are then used in fraudulent sales transactions at places like gas stations (where the clerks don't actually handle the cards).
One more reason to watch your personal information. And maybe to hang onto your hotel key-card. Note that the card, as issued by the hotel, does NOT include any of your personal information. The cards are re-encoded by the criminals.

  • The idiots at DHS gave the town of Dillingham, Alaska (population 2459), $202,000 to buy 80 surveillance cameras. The police chief said the cameras could stop terrorism in southwest Alaska.
That's one camera for every thirty residents. To show what a tempting target Dillingham would be, here's a map showing Dillingham, and its relation to strategic national assets. Would Senator Ted ("Multi-Million Dollar Bridge to Nowhere") Stevens have had anything to do with this?

  • US oil supplies jump to seven-year high, according to a Reuters headline.
Umm, weren't the oil companies citing declining supplies as justification for boosting the prices over $3.00 a gallon recently?

Shout-out to the Red Cross

According to Site Meter, I've been getting a lot of hits today from various Red Cross units around the country.

Welcome, folks!

I'm proud and honored to have been a volunteer first aid/CPR instructor for various chapters going back to 1990.

Kick back, grab a coffee and enjoy your visit.

I tend to write a lot about the Red Cross, so feel free to drop by any time, day or night. Like you, I'm always open.

Lions and Tigers and Bears... So To Speak.

Well, things have settled down a bit. Sorta. According to the National Weather Service, the area where I live (about an hour from Detroit) is looking at high wind advisories till midnight or so, and a tornado watch for the next couple of hours.

Fortunately, the only tornadoes I've ever dealt with "up close and personal" are the ones in "Wizard of Oz" and "Twister". But, like everyone else, I have seen the havoc they wreak, brought to us in living color by the TV news crews. I think that's an aspect of Mother Nature I would rather not experience.

Hurricanes -- which I did have to deal with as a cop on the East Coast -- are bad enough. And with hurricanes, you generally have sufficient notice to batten down the hatches. This was especially true in Connecticut -- we had at least 4-5 days notice, while the storm was forming down off Florida then moving up the coast.

I've seen pictures of the "Great Hurricane" of 1938.. pretty savage devastation, let me tell you. There was also one that hit Hartford in (I think) 1956 that was pretty damned vicious. I ran across a magazine special on that one. It had a picture of the house we bought in 1974... 20 years earlier, it had had some beautiful elms and maples in front, all of which were taken down by the storm. That was some impressive picture -- you could barely see our house behind all these toppled majestic trees. Hartford was clobbered, but the worst damage appeared (from the magazine, at least) to be in Rhode Island, especially Westerly (which is a city, not a general region).

This special also had a section on response to the disaster. Telephone crews from around the country (this was long before the Feds broke up the old AT&T into separate regional companies)were shown working to restore telephone service in the devastated areas. Power crews from around the country were also brought in, as were countless Red Cross nurses.

I know I talk about the Red Cross a lot, and if you're one of those who feel it is a worthless group, or if you think you'll never need them, feel free to skip the rest of this article. If, however, you accept the fact that old Mother Nature can get mightily pissed at times, or if you realize that some drunken idiot may T-bone your car sometime, you may want to finish reading this.

Remember that in many areas, the Red Cross provides the majority of blood bank services. If you get T-boned, chances are you'll need blood (or blood products). If you have friends or relatives in the Armed Forces, it's the Red Cross who can relay emergency mesages to and from your loved ones overseas. And if you get injured at work, and someone provides first aid, chances are that person learned how from the Red Cross.

And if you get hit by a tornado or hurricane, it'll be the Red Cross that shows up to provide food and shelter.

Of course, the red Cross is there in non-disaster situations too, like house fires. They have this tendency to show up and help get people squared away and back on their feet. Don't believe me? Check the newspapers for the next couple of weeks. I bet you'll see at least one story with a line like "the families displaced by the fire were provided emergency housing by the Red Cross". Or maybe you'll see "The Red Cross opened emergency shelters to assist families displaced by the tornado".

When the poo-poo hits the fan, the Red Cross will be there.

The Red Cross is completely volunteer-supported. They get no government funding (unlike Halliburton).

So if you get a chance, drop them a buck or two. Or give blood. Or -- best of all -- volunteer. There is always a need for people, not just after disasters like Katrina or 9-11. Call your local chapter or hop onto www.redcross.org.

It's always nice thinking that your donation has made someone's life a little happier. Or a little longer.