U.S. Expanding Cross-border Police Integration With Canada & Asset Forfeiture Sharing
Posted by Laurel L. Russwurm on June 6, 2012
[Note: this was posted as a comment by Ross Wolf but I thought it deserved its own post.]
Concurrent with Obama’s proposed law legalizing and expanding cross-border police integration in North America, Canadians recently introduced Commons Bill C-30 — touted to protect children on the Internet— which would also give any Canadian police officer — without a warrant — the power to request Internet service providers turn over customers’ information (see section 17 of C-30) and allow Canadian police to seek into Canadians’ private computers.
C-30 was strongly opposed by Canadians in April 2012. Canadians further discovered Canada had signed agreements with the United States for an array of Asset Forfeiture Sharing Agreements, allowing Canada and the U.S. to share Canadian and Americans assets civilly or criminally confiscated using Asset Forfeiture laws that resulted from U.S. and Canada sharing information. This information is to be gleaned from electronic surveillance of Canadian and American Citizens’ communications, (e.g., emails, faxes, Internet actively, phone records).
The Obama Government (now) wants the power (without a warrant) to introduce as evidence in Civil; Criminal and Administrative prosecutions any phone call record, email or Internet activity. Police can take out of context any innocent—hastily written email, fax or phone call record to allege a crime or violation was committed to cause a person’s arrest, fines and or civil asset forfeiture of their property. There are more than 350 laws/violations that can subject property to Government forfeiture that require only a civil preponderance of evidence.
The U.S. “Civil Asset Forfeiture Reform Act of 2000” (effectively eliminated) the “five year statue of limitations” for Government Civil Asset Forfeiture: the statute now runs five years (from the date) government or a police agency allege they “learned” an asset became subject to forfeiture. It is foreseeable should (no warrant) government electronic surveillance be allowed; police will relentlessly sift through business and Citizen’s (government retained Internet data), emails and phone communications to discover possible criminal or civil violations.
Is CISPA A Government Trojan Horse?
U.S. Government Can Use CISPA Internet Spying To Control and Forfeit Businesses—Seize Your Property:
If The Cyber Information Sharing and Protection Act (CISPA) is passed by Congress, it would allow U.S. Spy and other government agencies to share Americans’ confidential Internet and other information with Government Certified Self Protected Cyber Entities, Certified Cyber Entity Employees and Elements in both government and private sectors to help protect them—against Cyber threats.
However—CISPA would also allow Government agencies, police and government quasi/contractors (WITHOUT WARRANTS) OR LIABILITY to take out of context—any innocent hastily written email, fax or other Internet activity to allege a crime or violation was committed to cause a person’s arrest, assess fines or civilly forfeit a business or person’s property.
Government can use CISPA to certify any Self Protected Cyber Entity or their employee—to spy on their employers and clients: (CIVIL Asset Forfeiture Incentive). The U.S. Government is not prohibited from paying any Government Certified Cyber Self Protected Entity or Employee; or Element part of government forfeited assets or other compensation that result from the aforementioned providing U.S. Government a corporation’s or clients’ private/confidential information—that (now) require a warrant or court order.
Federal Government currently contracts on a fee/commission-sharing basis with Self Protected Cyber Entities, Elements and Contractors that have security clearances to participate in facilitating arrests and Government asset forfeitures.
It is expected U.S. Government, police and private contractors’— Civil Asset Forfeiture of Americans’ property will greatly escalate if CISPA is passed allowing Government certified private cyber entities and their employees—No Warrant Searches of persons’ and Businesses’ confidential Internet Information—that can be handed over to the government e.g. private emails, faxes, phone and transmitted files for investigation, prosecution and asset forfeiture—circumventing the Fourth Amendment.
CISPA Internet Spying:
Since CISPA was passed by the House, two additional cyber-security bills have been created in the Senate called, “The Cyber Security Act of 2012” and “SECURE IT Act”. Both bills appear unconstitutional; both appear designed to circumvent the Fourth Amendment and public Freedom of Information Requests.
The Cyber Security Act of 2012 formally known as S. 2105 was created by Senate Democrats, Joe Lieberman and Susan Collins. Similar to CISPA, the Cyber security Act of 2012 would abolish legal walls that stop Federal government and private companies sharing information.
The SECURE IT ACT: S.2151 was introduced by Senate Republicans on March 1st 2012: would (require) federal contractors to alert government about any cyber threats, forcing such communications between government regulators and corporations. The SECURE IT Act authorizes sharing of persons’ private Internet information (without a warrant) going beyond what is necessary to report a believed cyber threat.
SECURE It Act fails to create a regulatory system at the Federal level to oversee cyber-security threats opening the door for persons’ and businesses’ confidential information to be misused and misappropriated by government agencies and private sector government certified cyber entities.
Under CISPA: U.S. Government should be prohibited from using so-call (Certified Self Protected Cyber Entities, their Employees) and Elements to circumvent the Fourth Amendment; escape Public Freedom of Information Requests.
CORRUPTED: U.S. Government Certified Self Protected Cyber Entities and Employees, U.S. Government Agencies, Contractors and Police too easily may use someone’s confidential Internet Information, e.g. transmitted files and private emails collected (without warrants) to extort Americans, corporations, politicians; for compensation target a businesses’ competitor; or sell private information gleaned from warrant-less Internet Surveillance.
If CISPA is passed allowing NO Warrant private self protected cyber entity spying, some Internet writers and political activists might be dead-meat under NDAA. Americans who write on the Internet or verbally express an opinion against any entity of U.S. Government or its coalition partners—may under The Defense Authorization Act of 2012—be deemed by U.S. Government (someone likely to engage in, support or provoke violent acts or threaten National Security)— or (Belligerent) to order an American writer or activist’s indefinite prison detention.