U.S. Navy Unconstitutional Searches of Computers in Washington State for Child Pornography

Yes, the U.S. Navy has searched your computer looking for kiddie porn

Buried  under a small headline in today’s Seattle Times is a story about sensational military and police misconduct.

“’[I]t has become a routine practice for the Navy to conduct surveillance of all the civilian computers in an entire state to see whether any child pornography can be found on them, and then to turn over that information to civilian law enforcement when no military connection exists.’ … Senior 9th Circuit Judge Andrew Kleinfeld found that the case ‘amounts to the military acting as a national police force to investigate civilian law violations by civilians.’”

http://seattletimes.com/html/l…..n1xml.html

If you live in Washington State, your computer has been searched by U.S. Navy criminal investigators for evidence of child pornography; and if they found any, they turned it over to civilian police so you can be prosecuted by civilian authorities — even if you’ve never had anything to do with the Navy.  They did this to everyone in the entire state.  And they did it without probable cause or search warrants.  They did it to me, and they did it to you, and they did it to your mother and your children.

This is so unconstitutional the Ninth Circuit has decided to allow a scumbag convicted of distributing child pornography to walk free, in order to emphasize it’s sooo unconstitutional the government can’t be allowed to get away with it under any circumstances.

Without a doubt, the Navy and civilian personnel responsible for these constitutional violations believed they were doing good — maybe even God’s work — by tracking down the scum who traffic in child pornography.  And those offenders are the scum of the earth and should be caught and deserve to go to prison.

But I’m not one of them, and this doesn’t justify the U.S. Navy’s search of my computer.  As a lawyer and former judge, I find it disheartening that there are people within our military and police forces entrusted with the frightening powers of government who have such a cavalier attitude toward our liberties and constitutional rights.

Some will argue, “If you haven’t done anything wrong, what are you worried about?”  To which I reply, do they need to ask?  Is it really necessary in this day and age to remind anyone that “power corrupts, and absolute power corrupts absolutely”?  Is it possible anyone in this country is so stupid as to believe the Founders wrote the Bill of Rights into the Constitution to give criminals get-out-of-jail-free cards?

It wouldn’t surprise me to learn that some government spook working in a dank bunker under an unmarked suburban D.C. office complex has compiled a dossier on me.  I can readily imagine what it says:  “Liberal cop-hater uses free on-line dictionaries to collect information about homophones.”

Well you know what, I admit being a liberal but that’s my prerogative.  I post articles on blogs criticizing cops who murder people for being black or run extortion schemes for crooked city governments, but that doesn’t make me a cop-hater, it makes me a critic of intolerably bad policing, which isn’t the same.  As for looking up homophones, if you don’t know what the word means, look it up.  Dictionaries are available online, and they’re free, so there’s no excuse for being an ignoramus who doesn’t know what a homophone is.

I don’t know what to do about this.  People generally don’t go to prison for violating other people’s constitutional rights, although I think there’s something to be said in favor of that concept, because given how frequently our constitutional rights are being violated now, the existing deterrents obviously aren’t working.  But our government is too busy trying to extradite and prosecute Eric Snowden to do anything about the real threats to our freedom and security, so don’t hold your breath.   http://handbill.us/?p=34131

STTPML Note: Here is a case where there was probable cause and a warrant but the warrant was messed up in its drafting and execution.  

WatsonFile – Copy

9th Circuit tosses child-porn evidence, cites Navy snooping  http://seattletimes.com/html/l…..n1xml.html

9th Circuit judges say Naval Criminal Investigative Service has routinely probed the computers of civilians in Washington and elsewhere looking for evidence of crimes.

Seattle Times staff reporter

Navy criminal investigators repeatedly and routinely peeked into the computers of private citizens in Washington state and elsewhere, a violation of the law so “massive” and egregious that an appeals court says it has no choice but to throw out the evidence against an Algona man sentenced to 18 years in prison for distribution of child pornography.

The three-judge panel of the U.S. 9th Circuit Court of Appeals, in a decision handed down last week, said the 2012 prosecution of Michael Allan Dreyer by the U.S. Attorney’s Office in Seattle demonstrated Naval Criminal Investigative Service (NCIS) agents “routinely carry out broad surveillance activities that violate” the Posse Comitatus Act, a Reconstruction-era law that prohibits the military from enforcing civilian laws.

The court called the violations “extraordinary” and said evidence presented in Dreyer’s prosecution appears to show that “it has become a routine practice for the Navy to conduct surveillance of all the civilian computers in an entire state to see whether any child pornography can be found on them, and then to turn over that information to civilian law enforcement when no military connection exists.”

That is what happened to Dreyer, now 60, who became the target of an NCIS investigation in 2010 when Agent Steve Logan, who was stationed in Georgia, used a law-enforcement software program called “RoundUp” to troll for child pornography on computers in Washington using a legal file-sharing network called “Gnutella.”

According to court documents, Logan identified a computer sharing suspicious files, downloaded three of them, then got a subpoena for Comcast, which identified Dreyer as the IP address owner.

Logan, according to court documents, checked to see if Dreyer was a member of the armed forces and determined he was not.

Logan then summarized his investigation and forwarded it to the NCIS office in Washington state, which turned it over to the Algona Police Department, according to the documents.

The case was filed by the U.S. Attorney’s Office in federal court, where Dreyer faced up to 40 years in prison due to a prior conviction.

Dreyer was arrested in April 2011 and fought to suppress the evidence, which included explicit videos of adults having sex with preteen boys and girls.

U.S. District Judge Marsha Pechman allowed the videos to be used and Dreyer was convicted of possession and distribution of child pornography after a four-day jury trial in September 2012.

Dreyer — who previously had served 27 months for a federal child-pornography conviction in 2000 — was sentenced to 18 years in prison and a lifetime of supervised release when he gets out.

However, the 9th Circuit judges found the NCIS behavior so outrageous that it “demonstrates the need to deter future violations” and sent Dreyer’s case back to the district court with an order that Pechman exclude the NCIS evidence against him.

Erik Levin, the former federal public defender who represented Dreyer during his trial and appeal, said the ruling likely means he will go free.

The U.S. Attorney’s Office is considering asking the case be reheard by the entire Court of Appeals. U.S. Attorney Jenny Durkan, whose office prosecuted Dreyer and argued the appeal, said Wednesday it is possible the court misunderstood some of the technology the agent was using and the scope of his searches.

Durkan said some information in the 9th Circuit’s opinion “is wrong.”

Otherwise, she said she could not comment on pending litigation.

A spokesman for the NCIS declined to comment on the ruling Thursday.

The government, in its appellate briefs, argued Logan was a civilian employee of the NCIS, and that his role in the investigation was peripheral and fell within exceptions to the Posse Comitatus Act.

The panel unanimously, and strongly, disagreed.

Senior 9th Circuit Judge Andrew Kleinfeld found that the case “amounts to the military acting as a national police force to investigate civilian law violations by civilians.”

“There could be no bona fide military purpose to this indiscriminate peeking into civilian computers,” Kleinfeld wrote. “Letting a criminal go free to deter national military investigation of civilians is worth it.”

The judges also excoriated the government for defending the role of the NCIS and its investigation and said the court has warned the Justice Department about it before. This time, the court said, the violation comes with a price to get the government’s attention — Dreyer’s release from prison.

“Such an expansive reading of the military role in the enforcement of civilian laws demonstrates a profound lack of regard for the important limitations on the role of the military in our civilian society,” wrote Judge Marsha Berzon.

Logan, the NCIS agent, had argued he had chosen to scan computers in Washington partly because of the state’s many military bases.

While he initially was only able to identify the suspect’s whereabouts within a 30-mile radius of the IP address he identified, he wrote in a search warrant that the “large [U.S. Navy/Department of Defense] saturation” indicated a “likelihood” the suspect was in the military.

By that logic, Berzon said, Posse Comitatus would be “rendered meaningless.”

“To accept that position would mean that NCIS agents could, for example, routinely stop suspected drunk drivers in downtown Seattle on the off-chance that a driver is a member of the military, and then turn over all information collected about civilians to the Seattle Police Department for prosecution.”

The opinion comes as the reach of government and law enforcement has come under fire after a series of disclosures of domestic surveillance by former National Security Agency systems analyst Edward Snowden.

Levin, who now practices law in Berkeley, Calif., also noted the controversy over the so-called “militarization of police” in the aftermath of the riots in Ferguson, Mo., following the shooting death by police of a black teenager. Exceptions to the Posse Comitatus Act allow the military to provide some equipment to police.

“This,” Levin said, “is the real militarization of police — when the military becomes the police.”

Mike Carter: mcarter@seattletimes.com or 206-464-3706

 

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About jimcraven10

About jimcraven10 1. Citizenship: Blackfoot, U.S. and Canadian; 2. Position: tenured Professor of Economics and Geography; Dept. Head, Economics; 3. Teaching, Consulting and Research experience: approx 40 + years all levels high school to post-doctoral U.S. Canada, Europe, China, India, Puerto Rico and parts of E. Asia; 4. Work past and present: U.S. Army 1963-66; Member: Veterans for Peace; former VVAW; Veterans for 9-11 Truth; Scholars for 9-11 Truth; Pilots for 9-11 Truth; World Association for Political Economy; Editorial Board International Critical Thought; 4.. U.S. Commercial-Instrument Pilot ; FAA Licensed Ground Instructor (Basic, Advanced, Instrument and Simulators); 5. Research Areas and Publications: International law (on genocide, rights of nations, war and war crimes); Imperialism (nature, history, logic, trajectories, mechanisms and effects); Economic Geography (time and space modeling in political economy; globalization--logic and effects; Political Economy and Geography of Imperialism); Indigenous versus non-Indigenous Law; Political Economy of Socialism and Socialist Construction; 6. Member, Editorial Board, "International Critical Thought" published by the Chinese Academy of Social Sciences; International Advisory Board and Columnist 4th Media Group, http://www.4thMedia.org (Beijing); 7. Other Websites publications at http://www.aradicalblackfoot.blogspot.com; wwwthesixthestate.blogspot.com;https://jimcraven10.wordpress.com; 8.Biography available in: Marquis Who’s Who: in the World (16th-18th; 20th; 22nd -31st (2014) Editions); Who’s Who in America (51st-61st;63rd-68th(2014) Editions); Who’s Who in the West (24th- 27th Editions);Who’s Who in Science and Engineering (3rd to 6th, 8th, 11th (2011-2012) Editions); Who’s Who in Finance and Industry (29th to 37th Editions); Who’s Who in American Education (6th Edition). ------------------- There are times when you have to obey a call which is the highest of all, i.e. the voice of conscience even though such obedience may cost many a bitter tear, and even more, separation from friends, from family, from the state, to which you may belong, from all that you have held as dear as life itself. For this obedience is the law of our being. ~ Mahatma Gandhi
This entry was posted in Academia and Academics, CLARK COLLEGE: PUBLIC DOCUMENTS ON SERIOUS ISSUES, Conspiracy against Rights and under Color of Law, Corruption and Intrigue in Government, CORRUPTION IN "HIGHER" EDUCATION, courage and treachery in government, Faces of Fascism, Fascism in America, FOUNDATIONS OF FASCISM IN AMERICA, Legal System Corruption, Psychopathic Management, Psychopaths in Management, Social Systems Engineering Campaigns, U.S. IMPERIAL DECLINE, U.S. Intelligence and Fascism. Bookmark the permalink.

3 Responses to U.S. Navy Unconstitutional Searches of Computers in Washington State for Child Pornography

  1. torchim says:

    I would really like to talk to you Jim do you have an e-mail address I can e-mail you at?

    Date: Fri, 19 Sep 2014 13:57:25 +0000 To: ronltendler@hotmail.com

  2. Michael Anderson says:

    How interesting. In one of Ed Snowdon’s recent videos, he talks about people in the NSA sharing nude photos of people that were culled from surveillance data around the office. This tells me the watchers, whoever they are, are more twisted knuckle-draggers than the watched.

  3. Curt Kastens says:

    I do consider myself a person who values fairness, as I define the word fairness, which I feel free to change when ever I please. I do not consider myself a person who values the entire Constitution of the USA.
    I have come to have a more diverse view of the people who are responsible for creating that document. There were some good people who were inspired by the writings of Thomas Paine.
    Then there were others, like George Washington, who were more interested in profiting from the theft of Native Lands than in building a more perfect union. Another group of these founding fathers loved Africans, as long as they were working in rice fields and tobacco fields and sugar fields as their slaves. Then there were the smugglers that wanted to supply those that were the most successful at exploiting their environment.
    If these successful people were the psychopaths and sociopaths of their day then of course they would have wanted to write a constitution that would have let them get out of jail free and if not free at least without being tortured. So the document that became the rule book for our country has some good ideas and some not so good ideas. For example the rule against cruel and unusual punishments seems quite enlightened for its day as even the Iroquois seemed to have quite a jolly time burning people alive if what I have read is true.
    Then there is the problem of how to interpret a document written in a nonindustrial world. Unlike me some people apply the second amendment in a totally absurd fashion in today’s world. Many people who think that they have a write to privacy use the same tactic as those who think that they have a right to mount a .50 cal machine gun on top of their Porsche Cayanne. They interpret these rules in light of their own desires rather than in light of the intentions of those who wrote them at the time.
    My response to this tactic is why should we give a shit about what a bunch of powerful criminals wanted more than 200 years ago. HHHHHa! I bet that you did not think that I was going to say that did you. We are responsible for twisting what ever they wrote however we damn well please to meet the needs of our current situation. I of course that some Tory philosophers will have a bone to pick with that statement.
    Based the needs of the moment I would argue that the protections written in the the constitution against unreasonable searches were not put there to protect anyone’s privacy they were put there to protect people from harassment. Being forced to hold an open house at the convenience of the law enforcement officials or being stopped for a search when just want to go to an assembly are quite inconvenient intrusions in to a persons life.
    Yet when your computer get searched you do not even know that anyone has been there. When your phone gets tapped it does not prevent you from communicating with those that you want to speak with. It is very easy to be opposed to government secrecy. Rightly so as secrecy is a poison to a Republic. Yet what is privacy other than a euphemism for secrecy? Furthermore those who have used privacy to accumulate great wealth can do far more damage to society than the masses, through out Europe and North America, who are being told that they should be angry about these practices.
    I learned to late in life to do me or my country any good that when ever the US military does anything secret that they develop a line of cover stories to confuse the public about the nature of the activity. If I am correct about this practice then it could be true that the navy is not only looking for child molesters in Washington state but is looking for even more serious threats to the constitution that the members of the Navy have sadly pledged to defend.
    These Naby moles could also be looking for people who be willing to use force and fraud to overthrow the government of the USA. There is a lot of anger in the USA most of it on the conservative side of the political spectrum. It is important for those in power to know who the threats are to their rule and what their capabilities are. It would be totally unreasonable to expect that a person could ever read in a newspaper or hear on TV that the US government might fear that there could be groups of 4th generation Americans who would overthrow the government if they had the chance. Such a report would only give credibility to an idea that is now seen as not credible.
    Of course those people doing the work would be surprised to find people on the internet openly calling for the overthrow of the US government. But what they would not be surprised to find would be key leading indicators as to a persons propensities. They could then develop a plan to divert a potential radical from shooting a policemen before they load a weapon.
    An example of a key leading indicator that a researcher might find would be a person who might write about the pros and cons of hacking a liberal political leader to death with a machete versus a tomahawk.
    Now if you do not have a propensity to violence and if you are not the CEO of a major business then I really do not think that most of the researchers will get much of a thrill out of going through your emails. A few might but that tells more about them than it does about you. It should tell you that their lives are so boring that they should be the target of your pity rather than of your scorn.
    Peter Rabbit or someone like him said it best, if you do not want someone to know that you did something shameful then do not do it in the first place,

    Oh and something else, I do not really know where this fits in but if there were CCTVs in every workplace in America and microphones recording everything that we said in the workplace then there would be proof in every case of sexual harassment as to who was telling the truth.

    Am I guilty of putting on heirs?

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