State and local governments resist NDAA detention provisions

January 27, 2012 in Press Releases

For Immediate ReleaseJanuary 26, 2012

Contact: Mike Maharrey Communications Director

O: 213.935.0553F: 213.402.3938
media@tenthamendmentcenter.com
www.tenthamendmentcenter.com

Provisions in the National Defense Authorization Act may allow for the indefinite detention of U.S. citizens, but the feds could find they get no cooperation from some state and local officials.

Virginia Delegate Bob Marshall (R-Manassas) introduced HB1660, which would, “Prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.”

On Wednesday, a House subcommittee passed the bill 6-3, moving it closer to a full House vote.

And sources close to the Tenth Amendment Center say as many as ten states will consider legislation or resolutions in response to the detention provisions in section 1021 and 1022 of the NDAA. Lawmakers in Rhode Island and Washington will likely introduce resolutions authored by the Rhode Island Liberty Coalition within the next week. Additionally, local governments, including Fremont County, Colo. and El Paso County, Colo., have passed resolution condemning the detention provisions.

“Federal politicians never seem to repeal federal law. It’s going to take ‘We the People’ in our states to stand up and say, ‘No!’ to this unconstitutional monster,” Tenth Amendment Center executive director Michael Boldin said.

The TAC’s legal team developed model legislation addressing the NDAA detention provisions declaring, ”The Legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security and well-being of the people of (STATE), and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution”

Tenth Amendment Center communications director Mike Maharrey likens state efforts to stop potential detention of Americans under NDAA to northern states’ refusal to cooperate with fugitive slave laws in the 1850s.

“It is clear to me, and I am far from alone in this view, that the detention provisions in the NDAA are vague, overbroad and open to interpretation. That leaves me to trust in the good character and moral clarity of Barack Obama, Rick Santorum or whoever happens to reside at the White House, to protect me and my fellow Americans from abuse of this power. No thanks.” he said. “During the latter days of slavery, state and local governments in northern states stepped in and thwarted the enforcement of the Fugitive Slave Acts, which allowed the federal government to arrest and detain black people, and send them back into slavery with little or no due process. We laud these men and women as heroes. I have no doubt that history will prove equally kind to those standing up for the most basic rights of Americans today.”

To track Liberty Preservation Acts across the U.S., click  HERE.

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The Tenth Amendment Center exists to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment. A national think tank based in Los Angeles, the Tenth Amendment Center works to preserve and protect the principle of strictly limited government through information, education, and activism.

Avatar of Michael

by Michael

ACTA = Global Internet Censorship – Now Even Foreign Governments Will Be Able To Have Your Website Shut Down

January 27, 2012 in A Trial, Censorship, Copyright, Copyright Holders, Foreign, Global, Internet, Internet Censorship, SOPA, Trial



Global Internet censorship is here.  SOPA and PIPA have been stopped (at least for now) in the United States, but a treaty known as ACTA (the Anti-Counterfeiting Trade Agreement) is far worse than either of them.  ACTA was quietly signed by Barack Obama back on October 1st, 2011 and most Americans have never even heard of it.  But it could mean the end of the Internet as we know it.  This new treaty gives foreign governments and copyright owners incredibly broad powers.  If you are alleged to have violated a copyright, your website can be shut down without a trial and police may even show up at your door to take you to prison.  It doesn't even have to be someone in the United States that is accusing you.  It could just be a foreign government or a copyright owner halfway across the world that alleges that you have violated a copyright.  It doesn't matter.  So far, the U.S., the EU and seven other nations have signed on to ACTA, and the number of participants is expected to continue to grow.  The "powers that be" are obsessed with getting Internet censorship one way or another.  The open and free Internet that you and I have been enjoying for all these years is about to change, and not for the better.

So how come the U.S. Senate never voted on ACTA?  Doesn't the U.S. Constitution mandate that all treaties must be approved by a two-thirds vote in the Senate?

Of course it does.

But Barack Obama has gotten around this by calling ACTA an "executive agreement", which is a load of crap.

Unfortunately, this is the kind of nonsense we are getting out of Obama on a regular basis now.  He has shown endless disdain for the U.S. Constitution.

Some members of Congress are expressing deep alarm over ACTA.  For example, U.S. Representative Darrell Issa is calling ACTA "more dangerous than SOPA".

There are some members of Congress that are even demanding that ACTA be submitted to the U.S. Senate for a vote.  Unfortunately, their voices are very few so far, and ACTA is getting next to no coverage in the mainstream media.

But this new treaty is very, very serious.  It basically mandates that all Internet communications be constantly monitored for copyright infringement.  Sites like YouTube, Facebook and Twitter will have to monitor accounts for copyright infringement 24 hours a day.

If you are alleged to have committed a violation, you might not just lose your social media account or your website.

You could potentially be sent to prison.

Yes, seriously.

What we are talking about is Chinese-style Internet censorship for the entire globe.

The following comes from a recent Forbes article....

“Why does ACTA matter to the media and citizens?” writes Alex Howard. “Consider the phrase “intermediary liability.” That’s the principle that websites on the Internet, like YouTube, Internet service providers, web hosting companies or social networks, should not be held liable for the content created or uploaded by their users.”

The new rules proposed in ACTA essentially transform Western ISPs into something more along the lines of ISPs in China and other more restrictive nations.

One of the worst elements of ACTA is that it would allow accusers of copyright infringement to completely and totally bypass judicial review.

If you don't think that ACTA will change the Internet, just check out the following excerpt from a recent article by Paul Joseph Watson....

Under the provisions of ACTA, copyright holders will be granted sweeping direct powers to demand ISPs remove material from the Internet on a whim. Whereas ISPs normally are only forced to remove content after a court order, all legal oversight will be abolished, a precedent that will apply globally, rendering the treaty worse in its potential scope for abuse than SOPA or PIPA.

Big sites like YouTube, Facebook and Twitter may just decide that it is too much of a hassle to monitor millions of pieces of content.  Allowing users to constantly post content on their sites would be a huge risk.  In fact, if they are found to be allowing "copyright infringement", those sites could be permanently shut down.

The American people need to get educated about this new treaty before it is too late.  There is still a chance that we could get the U.S. Congress to take action against this new treaty.

Under ACTA, Internet service providers will essentially be required to become the police of the Internet.  This was explained in a recent article by Cory Doctorow....

New revelations on ACTA, the Anti-Counterfeiting Trade Agreement (ACTA), a secretive global copyright being privately negotiated by rich countries away from the UN: ACTA will require ISPs to police trademarks the way they currently police copyright. That means that if someone accuses you of violating a trademark with a web-page, blog-post, video, tweet, etc, your ISP will be required to nuke your material without any further proof, or be found to be responsible for any trademark violations along with you. And of course, trademark violations are much harder to verify than copyright violations, since they often hinge on complex, fact-intensive components like tarnishment, dilution and genericization. Meaning that ISPs are that much more likely to simply take all complaints at face-value, leading to even more easy censorship of the Internet with nothing more than a trumped-up trademark claim.

One of the big problems with ACTA is that it is way too broad and way too vague.

Vague language allows authorities to "interpret" the law any way that they see fit.

This can often lead to selective enforcement.  Websites that authorities like will be left alone, while those that they don't like will be harassed or completely shut down.

ACTA was written in secret and it has been pushed through very, very quietly.  The following comes from a recent CNN article....

Like many trade agreements, ACTA is a confusing mess. Even its signatories don't agree on how it's supposed to work. The way it's been pushed forward has also been unruly -- talks have been held in secret, without any kind of legislative oversight or input from citizens or public-interest groups. The public only became aware of it in 2008, a couple of years after discussions began, when Wikileaks published a discussion paper. Since then, drafts of the pact have been released to the public, each successively less onerous to critics. Reportedly, though, big media and pharmaceutical lobbyists have been privy to the talks all along

Of course - this is a chance for big media and big corporations to take control of the Internet.

The way ACTA has been pushed on us has been absolutely disgusting.  In fact, one key EU official that was in charge of investigating ACTA has resigned in protest over how this whole thing has gone down.  He says that ACTA is basically being crammed down the throats of the European people....

I want to denounce in the strongest possible manner the entire process that led to the signature of this agreement: no inclusion of civil society organisations, a lack of transparency from the start of the negotiations, repeated postponing of the signature of the text without an explanation being ever given, exclusion of the EU Parliament’s demands that were expressed on several occasions in our assembly.

As rapporteur of this text, I have faced never-before-seen manoeuvres from the right wing of this Parliament to impose a rushed calendar before public opinion could be alerted, thus depriving the Parliament of its right to expression and of the tools at its disposal to convey citizens’ legitimate demands.”

Everyone knows the ACTA agreement is problematic, whether it is its impact on civil liberties, the way it makes Internet access providers liable, its consequences on generic drugs manufacturing, or how little protection it gives to our geographical indications.

This agreement might have major consequences on citizens’ lives, and still, everything is being done to prevent the European Parliament from having its say in this matter. That is why today, as I release this report for which I was in charge, I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade.

For much more on ACTA, please watch the remarkable video posted below.  It does a great job of explaining exactly what ACTA is and why we need to be so concerned about it....

The world is changing and the Internet is changing.

If you don't speak up now, the Internet as we know it today may soon be gone for good.

Avatar of ralph

by ralph

Surprise Asteroid Passes Earth in Close Flyby

January 27, 2012 in Asteroids, Close Calls, Cosmic, News, Solar System, Space Exploration, Universe

Discovered two days ago (likely due to its small size). Reports BBC News:

The asteroid, estimated to be about 11 m (36 ft) in diameter, was first detected on Wednesday. At its closest, the space rock — named 2012 BX34 — passed within about 60,000 km of Earth — less than a fifth of the distance to the Moon. Astronomers stressed that there had been no cause for concern. “It’s one of the closest approaches recorded,” said Gareth Williams, associate director of the US-based Minor Planet Center.

“It makes it in to the top 20 closest approaches, but it’s sufficiently far away …” he told the BBC. The asteroid’s path made it the closest space-rock to pass by the Earth since object 2011 MD in June 2011.

Here’s more from Space.com:

NLRB Considering Mandate For Businesses To Give Employee Phone Numbers To Union Bosses

January 27, 2012 in Politics

from Breitbart.tv http://www.breitbart.tv/nlrb-considering-mandate-for-businesses-to-give-employee-phone-numbers-to-union-bosses/

Seven Big Economic Lies

January 27, 2012 in Debt, Economics, national debt, News, robert reich, Taxes, Video

Do tax cuts for the rich trickle down to the rest of us? And does taxing the rich hurt the economy? Is Social security a Ponzi scheme? Robert Reich, Secretary of Labor under President Bill Clinton, presents his list of seven popular-wisdom economic claims that are untrue. Feel free to debate.

Low Intelligence & Conservative Beliefs Linked To Prejudice & Racism

January 27, 2012 in Conservatives, News, Prejudice, Psychology, Racism, Science

I'm A Smart GuyIt took a team of crack scientists to reach this shocking conclusion, reported at Live Science via Yahoo News:

There’s no gentle way to put it: People who give in to racism and prejudice may simply be dumb, according to a new study that is bound to stir public controversy.

The research finds that children with low intelligence are more likely to hold prejudiced attitudes as adults. These findings point to a vicious cycle, according to lead researcher Gordon Hodson, a psychologist at Brock University in Ontario.

Low-intelligence adults tend to gravitate toward socially conservative ideologies, the study found. Those ideologies, in turn, stress hierarchy and resistance to change, attitudes that can contribute to prejudice, Hodson wrote in an email to LiveScience.

“Prejudice is extremely complex and multifaceted, making it critical that any factors contributing to bias are uncovered and understood,” he said.

Controversy ahead
The findings combine three hot-button topics.

“They’ve pulled off the trifecta of controversial topics,” said Brian Nosek, a social and cognitive psychologist at the University of Virginia who was not involved in the study. “When one selects intelligence, political ideology and racism and looks at any of the relationships between those three variables, it’s bound to upset somebody.”

Polling data and social and political science research do show that prejudice is more common in those who hold right-wing ideals that those of other political persuasions, Nosek told LiveScience…

[continues at at Live Science via Yahoo News]

Liberal Hate: High School Teacher Refuses To Accept MLK Award From Paul Ryan

January 27, 2012 in Politics

from Breitbart.tv http://www.breitbart.tv/liberal-hate-high-school-teacher-refuses-to-accept-mlk-award-from-paul-ryan/

MSNBC Analyst Compares AZ Governor To Segregation-Era Racist Screaming At Black Kids

January 27, 2012 in Politics

from Breitbart.tv http://www.breitbart.tv/msnbc-analyst-compares-az-governor-to-segregation-era-racist-screaming-at-black-kids/

Paul: People Don’t ‘See A Jihadist Under Their Bed Every Night’ #FLDebate

January 27, 2012 in Politics

from Breitbart.tv http://www.breitbart.tv/paul-people-dont-see-a-jihadist-under-their-bed-every-night-fldebate/

Who Is Rachel Maddow?

January 27, 2012 in Politics

from Breitbart.tv http://www.breitbart.tv/who-is-rachel-maddow/

Stop SOPA

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