Registrant Apartheid: A Warning on Government Infringement

There is a saying that every man’s home is his castle. This saying originated from ancient Rome and later became a part of values with regards to privacy and security. There is a certain amount of honor in having a space to call your own. Rather it is a house, apartment, mobile home, camper, tent, motel room, shelter, or couch surfing home is where you should feel welcome, comfortable, and safe.

quid enim sanctius, quid omni religione munitius, quam domus unusquisque civium?
What more sacred, what more strongly guarded by every holy feeling, than a man’s own home? —Cicero

Upon visiting the doorsteps of others, there is often a welcoming greeting mat awaiting your either expected or unscheduled arrival. The welcome is clear that you are valued as a person with the freedom to engage with others unrestricted without the need of chaperon or assistance. However, society has turned from its welcoming mats to a sorted inquisitive band of uncertain litmus tests using a scoring mechanism only they understand. It is as if people that are supposed to be our trusted friends and allies have suddenly become narcissists?

There are plenty of narcissistic people on the planet (perhaps you know a few on Twitter?). But a home whether permanent or temporary shouldn’t be subjected to emotional strain and narcissistic behaviors in the forms of businesses sharing guest information with police.

A few years ago the hotel chain Motel 6 began a voluntary program sharing hotel guest information with police. Police would then run the guest information by national criminal computers to check for outstanding warrants, immigration, and sex offenders perhaps staying on its properties. Many of those snared took the issue to court and won massive legal settlements against the hotel chain.

Motel 6 will pay $12 million to settle lawsuit after sharing guest info with ICE

Recently the state of Florida introduced a legislative bill mandating that hotels or forms of lodging check all guest information for potential sex offenders visiting the state or seeking shelter. Florida already has the worst conditional restrictions for those visiting or living in the state. But to go a step further creeping into the privacy of a business to share its guest information with police is far reaching into dangerous territory. Sooner or later the police checks will expand into other sensitive details allowing firms to cherry pick who it chooses to allow as guests. We can see it now that as an example of the story of John Smith. John Smith is visiting Orlando on business. Back home in Texas he has a lovely wife and two wonderful children still in school. However John planned a discreet rendezvous with a lovely lady he met through a phone app. He checks into the hotel; the hotel runs a check and police come busting in because John Smith shows as a registered sex offender from Texas! However, it is the wrong John Smith. Now his embarrassment surfaces on a TMZ Odd Storys TV segment. His marrigage is instantly shattered placing his infidelities in public light. His future to mend ways with his wife and family are in peril. Rather than quickly blaming John for his poor choice of action or blame upon the police, the hotel is the key responsible party for sharing his mandated data. Sure, Mr. Smith was in the wrong for cheating, but his rights to privacy and his castle was violated. If Florida wants to check guests staying for 30 days or more, then that may be a bit more reasonable than staying overnight or a few days? Mr. Smith may have a civil claim with some very interesting litigation potentially placing a hotel chain in bankruptcy from the settlement he could receive? Nevertheless, the business has a duty and responsibility to protect consumer data, its property, and its guests. The hotel didn’t call the police. Instead, the law supersedes the business ability to act within autonomous actions by making a warrantless searches much easier.

Apartheid (segregation; lit. “separateness”): a system of institutionalized segregation characterized by an authoritarian political culture. It entailed the separation of public facilities, social events, housing, and employment opportunities. Complex laws are created to suppress and punish both individuals or supporters.

All this unnecessary panic legislation has taken liberty and freedoms this country embraces into a practicing police state. The nation and states already have a public sex registry tied into schools, employment, apartments, and volunteer organizations. It is frustrating enough to pay extra fees to the government to take part in PreCheck amenities to prove I’m not a flight risk to go through airport security. But laws similar to Florida are opening a door to only the privilege that PreCheck styled services or data sharing between businesses and police will extend to hotels, car rentals, U-Haul, gyms, hospitals, and perhaps to retail stores with fitting rooms.

For decades Americans have tried every method possible to rid of policing within bedrooms or homes. It is one thing when a person commits a criminal offense. But to begin a trend instructing a person where, when, and how they may live is unAmerican. When any government branch instructs by policy a business to share user data for a paid services without consent and expectation of reasonable privacies, it endangers free movement and prohibits choice. Services aren’t the same as purchasing bullets, dynamite, drugs, or restricted materials. The castle that we choose to make our home will always be a human right. The defense of that castle is a government facilitating registrant apartheid no different than blockbusting tactics and a revision of sundown towns.

Sundown towns, also known as sunset towns or gray towns, were all-white municipalities or neighborhoods in the United States that practiced a form of segregation—historically by enforcing restrictions excluding people not white via some combination of discriminatory local laws, intimidation, and violence.

There are many sex offense laws on the books with residential restrictions, employment exclusions, public space constraints, social media limitations, and the list goes on. If someone made a smartphone app to provide legal information to registrants or the curious, it would be inconceivable to develop. It is perhaps why there won’t be an app for that particular purpose because updates would have to occur daily to keep up with legislation, legal decisions, and refined interpretations. Pretty much the future of iPhones would require a Tesla vehicle battery pack to keep up with sex offender laws on any given day!

America is no longer the home of the free. Instead, it may reconsider changing it to Home of the Fee. There is nothing more disgusting than watching America with a populist agenda sway from the governance of law to experiment with socialist criminal law, embracing utilitarian principles. We are a society on a pathway towards the destruction of individual liberty but for the beginning of government interference upon capitalism and autonomy thanks in part to states such as Florida leading the way to mandate sharing consumer information without any probable cause.

Surely the utilitarian must admit that whatever the facts of the matter may be, it is logically possible that an ‘unjust’ system of punishment—e.g. a system involving collective punishments, retroactive laws and punishments, or punishments of parents and relations of the offender—may be more useful than a ‘just’ system of punishment?H. J. McCloskey

Sure, the notion of every man’s home is his castle is undoubtedly questionable as America continues its quest to legislate freedoms. Perhaps it should say, every man’s home was once his castle.

Sexting Is Not Pornography

Growing up as a teen I had no idea what age of consent meant. Typically most teenagers understanding of the law is obey the speed limit, don’t drink and drive, and basically, don’t harm another person. However, in today’s modern society age of consent issues have become an uncomfortable leap forward in birds and bees education because of its effects on families and anyone capable of holding a smartphone. Studies show that sexting and exchanging nude photographs is somewhat common among youth. Kids do not understand the law because sexting, to them, is a private exchange between two consenting parties.  Essentially, to their interpretations, is has become a new safer sex method and replacement to defunct gloss magazines. When a parent or adult explains to youth the consequences of sexting as an issue that could wind them up in jail, it seems like a parental discussion rather than a stern warning. That is until it actually affects them with criminal charges. Youth understanding the effects of sexting is a hit and miss market because of public embarrassment to begin discussions about sex education. Long gone are the boy’s bathroom gang holding up proof of girls panties too as a measure they have reached some form of adulthood. Smartphones have replaced such high-school rituals. When parents become involved because of policing private exchanges, the complications get much worse and in most cases places adults in a precarious situation because there is no pamphlet to explain what crosses parental discipline versus notification of authorities. This is why children are now the most vulnerable to be listed as sex offenders in the United States because in many cases police bypass the parental obligations and enforce laws intended for professional performance to become cosigned parents and social workers.

 

If you ask youth in American what is the age of consent, meaning what is the legal age to engage in sexual intercourse or behaviors, then you indeed hear varied answers. A reason for this is that America has differing age requirements. Some states begin the age of consent at 16 and others allow at age 18. A few states remain at 17 throwing a wrench into what is the actual standard age. All of Canada age of consent is 16 while Mexico ranges from age 12 to 14. To make matters more complicated many states enacted stipulations for example where participants must be no more than five years older than the minimum age requirement. In many cases, the law is vague but enforced with rigor under a complicated and somewhat prejudicial system. When you throw in sexting requirements let’s say a boy from West Virginia meets a girl over the border in Virginia then it becomes a legal fiasco and a miscarriage of justice because the consent elements differ. If its confusing for youth or teens, imagine how it may be viewed by legal scholars?  But it is more confusing for visitors from either Canada, Mexico, or Europe to understand our convoluted age of consent despite all those Hollywood films that assert two kids sneaking away while the folks aren’t home. The innuendo is clear, but the lesson for society is assorted and troublesome.

 

If the age of consent isn’t bad enough to understand imagine when kids lie about their age in an attempt to be older than they really are? Many children listed on the sex offender registry are placed there because the age mentioned is not a legal defense according to law. Police and prosecutors will defend that kids should be vigilant in requiring proof such as to never assume. Yet will continue to seek criminalized sanctions to send a message to others. It seems to me that any arrest sends a strong message which may be strong enough to curb particular behaviors. We have become a bit puritan without attempting to regulate reasonably the age of consent policies rather than teaching sex education, safer sex techniques, or perhaps why abstinence is beneficial? America continues to sideline critical conversations because it may lead to curiosities creating a mound of issues.  The fact is that sex among youth is a crucial dam about to break because Americans have created cumbersome laws and basically criminalized the ability to openly discuss how to fix it.

 

First and foremost, children should never be listed on the American sex offender registry. But it appears to fall on deaf ears because youth are the most exploited segment of choice by police because of strict felonious anti-child pornographic laws. Essentially, the police mantra of “protect and serve” means protect the law and serve warrants.  I agree that pornographic laws should be enforced if producers fail to maintain proper accountability and record keeping. However, youth exchanging should be left to the consideration of judges to provide a blanket of discretion. Prosecutors should be the peoples advocate rather than the politicized ax men relegating its interpretation of the law. Prosecutors and police should begin to embrace the spirit of the law to advocate communities how to curb or suggest improvements. Yet those individuals continue to pass the buck by saying, “if you want the law to change, talk to your politician.” Youth are not out trying to professionally produce porn materials as some in the moral leaning right tend to assume. Teenagers are caught in the middle of interpretations where technologies surpassed the law. As for sex education in schools? Don’t get me started. Just remember that President Clinton could expend his load on Monica’s dress. But Joycelyn Elders was fired for talking about it.

 

Sexting isn’t going away anytime soon. Youth have learned to circumvent technology by no longer engaging in SMS texting or using software to delete its traces. This is why smartphone applications such as Snapchat, Signal, or Smiley Private texting are huge hits. Applications such as Blur, WhatsApp, and Digify allow photos to self-destruct. I learned all about these apps from my cousin. He said, “its two people sharing intimate photos instead of having actual sex. But the way the law is written means that if we have [consentual] sex then its legal and we risk an accident of maybe getting pregnant. But if we get caught sending photos then its jail. It doesn’t make sense?”  That phrase alone should make any person’s hair stand on ends. A 16-year-old kid appears to have more common sense than how a law was crafted. Additionally, it demonstrates that kids are responsible by reducing unwanted pregnancies. He went on to mention, “I can have sex at 16, but cant buy condoms until I’m 18?”  Laws are just as convoluted as the age of consent laws. The amount of technology is outpacing public policy and keeping a step beyond authorities. The critical question is when will it backfire and be evidence down the road? Current public policy and laws are not attempting to facilitate a unified national age to protect young people.

 

This is a discussion that folks must engage in and advocate updates to current policy. The conversation shouldn’t be centered around what you find acceptable because any family can create its own house rules. However, the conversation should be at the heart of a feasible and humane age in keeping with the rest of the industrialized world. Once we institute a level field that everyone can understand then and only then will be able to engage in sensible dialog.

 

For more information about American Age of Consent may be found here. I am unsure how accurate or up-to-date the information is. However, it does provide a sensible discussion value that in America the spirit of the law and determining a basic understanding is critically flawed.

https://www.ageofconsent.net/states

 

Nerve Agent Is New Terrorism Threat

Last week Kim Jong Nam, the son of the late North Korean leader Kim Jong Il, was assassinated according to Malaysian police. Kim Jong Nam died shortly after two women put a substance on his face while he was checking in for a flight. Police have not said how the women were able to apply the nerve agent to Kim’s face and also avoid becoming ill themselves. The seeming contradiction of a poison that could kill him quickly but not sicken the attackers has stumped experts. A statement from the inspector general of police said that a preliminary analysis from the Chemistry Department of Malaysia identified the agent as “VX Nerve Agent.”

 

When I heard the news events regarding Kim Jong Nam I couldn’t help but think, “this is like a 007 film in real life.” The scary world of missile test launches just took a back seat causing the world to become a whole lot more terrifying. Just think for one moment that every bomb terror plot or dirty nuclear device that our nation heavily investigates and monitors now has to deal with a potential military grade nerve agent that can kill unmonitored within seconds. What makes this story interesting is that it was quickly administered with the potential to expose others in a public area such as an airport. Look for a moment at the diplomatic chaos it has stirred. Is Homeland Security prepared for this new threat both domestic and internationally? Maybe on paper, but perhaps not as prepared as we may think.

 

My question is, “was this a test of a new terrorism threat to airport security?” If so, how will airports or security experts deal with detecting nerve agents as a threat from public places? But another question is where did this nerve agent come from? It has been since the 1960’s since nerve agents were widely identified. Ask any soldier from the Cold War Era, and they will mention stories about Nerve Agent Treatment Autoinjector training scenarios. The threat was real until Congress banned nerve agents in 1972. 32,000 tons of nerve and mustard agents had already been dumped into the ocean waters off the United States. Currently, Russia stockpile of nerve agents is still available but lacks the money and resource to destroy it. Perhaps this is the footprint from where an international investigation should begin? But that is likely to occur due to the current relations between the United States and Russia.

 

I would suggest that Congress and the United Nations begin an accountability audit of nerve agent nation facilities immediately. This is not the time to point fingers at how the nerve agent was acquired or used. It is a time to place steps and practices, so this horrible event doesn’t escalate into a catastrophic incident. If I were the Director of the CIA, I would be concerned how a nation such as Malaysia has a military grade nerve agent on its land. What if this nerve agent was in a small container on a plane bound for the United States? Do we have the technology to intercept it? These are the questions that you and I should be concerned about.

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