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Topic: It begins! States fight back!
mightymoe's photo
Fri 02/14/14 02:30 PM








Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...


They had a lot of "unreasonable searches and seizures". It is up to the courts to define that concept further.


i'm not sure why everyone keeps saying they are invading our privacy when no laws are in place that says they cannot collect data... they can't wiretap your phone, thats a law, but intercepting text messages and data from servers, how is that illegal? kind of a gray area, if you ask me...

mightymoe's photo
Fri 02/14/14 02:31 PM








Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...




secure in their persons, houses, papers, and effects

not your effect... it's data sent through the internet

Conrad_73's photo
Fri 02/14/14 02:38 PM









Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...




secure in their persons, houses, papers, and effects

not your effect... it's data sent through the internet

still your Property!
How about the Mailman reading your Mail,since the Postal Service uses Public Roads to convey your Mail,which therefore is in the Public Whatever?

mightymoe's photo
Fri 02/14/14 02:43 PM
Edited by mightymoe on Fri 02/14/14 02:45 PM










Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...




secure in their persons, houses, papers, and effects

not your effect... it's data sent through the internet

still your Property!
How about the Mailman reading your Mail,since the Postal Service uses Public Roads to convey your Mail,which therefore is in the Public Whatever?


mail has been around long enough to make laws against it... people shouldn't get mad because the government is using a loophole, since nothing has been decided what they can or can't gather...i disagree with what they are doing, but in reality, nothing has been done to stop it besides whining and crying...

adj4u's photo
Tue 02/18/14 06:10 PM


it appears the nsa has joined mingle2

i would lol but its not funny

no photo
Tue 02/18/14 06:23 PM






Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


that says nothing about digital data collected from the internet... is the internet a public venue? i think so, and what you do in public is a freebe for the police...i think people are making to big a deal over this, because no laws were ever set about the internet data collecting.


Of course it does. The internet is but a public highway used by all. But until that information is posted upon a public forum like here, it is not public data, it is private and the fifth amendment applies.

It is our right to have reasonable privacy, irregardless of the media. It is our right to be secure in our houses, persons, papers and effects.

Now this message, by my posting has passed into the public domain and I have no right to expect it be be private by my very act of posting. However, the underlying metadata collected by this site is an expectation of privacy that can only be released by a warrant with oath sworn and court approved.

no photo
Tue 02/18/14 06:27 PM







Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...


And what does that have to do with it? Nothing changes, privacy is privacy and due process of law is due process of law.

no photo
Tue 02/18/14 06:30 PM






it is a shame the states seem to forget that they can introduce
amendments to the constitution

i sure would like some knowledgeable people run and win govt offices


http://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution


And what point would you be trying to make: the original 13th Amendment or the question of the 14th or 16th Amendments.

Of course you wouldn't be trying to discuss the states option and the inherent perils thereof.

And then, what would need to be amended? Of course, amending the Bill of Rights. Wouldn't that then make unalienable rights alienable? This all sure is a puzzle.
simply pointing out the Requirements to amend the US Constitution!
So stop putting words in People's Mouths!


Actually not, the states convention method was purposely made very difficult for a purpose, after all look at what the founders did to the Articles of Confederation.

So please do put words into peoples mouths when it comes to preserving the republic, after all look at the mess we are in because it has been ignored.

no photo
Tue 02/18/14 06:47 PM
Edited by alnewman on Tue 02/18/14 07:10 PM


actually you are being governed by what is called the Federal Register!

http://www.openmarket.org/2013/12/29/a-new-year-of-regulation-obamas-record-setting-federal-register/

The Federal Register is the daily depository of proposed and final rules and regulations, presidential documents, agency notices and such.


The unelected do the bulk of the lawmaking in America, and the administration from the Environmental Protection Agency, to John Podesta, to the president himself promise to circumvent Congress whenever they can't constitutionally enact their left-wing agenda.

Meanwhile, the administration also didn't bother to release the final 2013 Report to Congress on the Benefits and Costs of Federal Regulation; only the draft was issued.


Enjoy reading the rest of the Article!


Actually that would be inaccurate, we are governed by the enumerated powers of the Constitutions, Federal and State, but the Federal is the supreme law of the land.

Article VI, Clause 2:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

This has been confirmed by the Supreme Court:

Marbury v. Madison, 5 U.S. 137, 2 L. Ed. 60, 2 L. Ed. 2d 60 (1803).

This law is so powerful it is still being cited:

Nat. Fedn. of Indep. Business v. Sebelius, 132 S. Ct. 2566, 567 U.S. 1, 183 L. Ed. 2d 450 (2012). (Better know as Odumbocare)

"Our deference in matters of policy cannot, however, become abdication in matters of law. "The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written." Marbury v. Madison, 1 Cranch 137, 176, 2 L.Ed. 60 (1803)." (you know it is hard to find a copy of 1 Cranch 137, but I have had the honor to read that opinion in that book, the 5 U.S. 137 is in the legal libraries)

But what is even more important is that we can ignore a very large portion of all that crap in the federal register with total impunity.

Norton v Shelby County, 118 U.S. 425: An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office, it is in legal contemplation as inoperative as though it had never been passed.

And a court of law is my friend, it is where justice is administered.

no photo
Tue 02/18/14 06:53 PM








Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...


They had a lot of "unreasonable searches and seizures". It is up to the courts to define that concept further.


Ah, but the courts define nothing, they but offer opinions which mean little until other courts cite their opinions in the opinions they are offering. Once it has been cited numerous times over a span of a couple of decades, it becomes an accepted principle.

That is why law dictionaries are so important, it takes centuries to change a legal definition. And also why so much Latin is used, a dead language where the definition can never change, period.

no photo
Tue 02/18/14 06:55 PM









Vermont becomes twelfth state to introduce legislation to banish NSA

MONTPELIER, Feburary 3, 2014 - Vermont is now the 12th state with legislation to take on NSA spying.

Last Tuesday, Rep. Teo Zagar (D-Windsor-4-1), along with co-sponsor Reps. Susan Davis (P/D-Orange-1), Patricia Komline (R-Bennington-Rutland) and William Stevens (I-Addison-Rutland) introduced the Fourth Amendment Protection Act to prohibit any state support of the NSA.

Based on model legislation drafted by the OffNow coalition, House Bill 732 (H732) would make it state policy to "��refuse to provide material support for or assist or in any way participate in the collection of a person'��s electronic data or metadata by any federal agency or pursuant to any federal law, rule, regulation, or order unless the data is collected pursuant to a warrant that particularly describes the persons, places, and things to be searched or seized."

http://benswann.com/vermont-becomes-twelfth-state-to-introduce-legislation-to-banish-nsa/?utm_source=newsletter&utm_medium=text&utm_campaign=nl


But what difference does it make, it was illegal to begin with so how does passing legislation to make it more illegal affect things?

Who is going to enforce the new laws when the old ones are just ignored?




how is it illegal? when were laws passed saying they couldn't collect digital data on people?


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article VI, Paragraph 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It has always been so, since the ratification of the constitution in June of 1788 with all states ratifying by May 29, 1790.


Correctamundo!


i'm not sure, but i don't think they had internet in 1790 or 1788...


They had a lot of "unreasonable searches and seizures". It is up to the courts to define that concept further.


i'm not sure why everyone keeps saying they are invading our privacy when no laws are in place that says they cannot collect data... they can't wiretap your phone, thats a law, but intercepting text messages and data from servers, how is that illegal? kind of a gray area, if you ask me...


Boy do lawyers and courts love you, an unlimited source of revenue.

no photo
Tue 02/18/14 07:03 PM
Edited by alnewman on Tue 02/18/14 07:12 PM



secure in their persons, houses, papers, and effects

not your effect... it's data sent through the internet



Black's Law, Revised 4th Edition, 1968:

"EFFECT, v. To do; to produce; to make; to bring to pass; to execute; enforce; accomplish. Vailsburg Motor Corporation v. Fidelity & Casualty Co., 110 N.J.L. 209, 164 A. 408, 409. A belief that a mortgage would "effect" a preference under the bankruptcy act is equivalent to a belief that it would "operate as" a preference. Ogden v. Reddish, D.C.Ky., 200 F. 977, 979.

EFFECT, n. Result. Western Indemnity Co. v. MacKechnie, Tex.Civ.App., 214 S.W. 456, 460; Beeler v. People, 58 Colo. 451, 146 P. 762, 764. The result which an instrument between parties will produce in their relative rights, or which a statute will produce upon the existing law, as discovered from the language used, the forms employed, or other materials for construing it. The operation of a law, of an agreement, or an act. Maize v. State, 4 Ind. 342. The phrases "take effect," "be in force," "go into operation," etc., are used interchangeably. Maize v. State, 4 Ind. 342.

With Effect

With success; as, to prosecute an action with effect. Schutze v. Dabney, Tex.Civ.App., 204 S.W. 342, 347.

Yes effects, could also be argued as papers.

adj4u's photo
Wed 02/19/14 04:05 PM
Edited by adj4u on Wed 02/19/14 04:22 PM
secure in their persons, houses, papers, and effects

e-mail and other "data" sent electronically over the internet are still YOUR papers if you dont think so hack the fbe or nsa and
find out


ask snowden wasn't his info from the internet communications between
nsa departments



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