Plato's Dreams Realized: Surveillance and Citizen Rights from KGB to FBI

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Algora Publishing, 2006 - 246 頁
Surveillance of private citizens is increasing in the US and abroad. This book explores the frontiers of legal theory within the United States with regards to modern surveillance and its effects on human rights. Alexander Avakov briefly shares his personal experiences, first in the Soviet Union with the KGB and then with the American national security state, outlines various ways in which surveillance of citizens is increasing, then examines the bases of our expectations of liberty, from Plato to the US Constitution. America, he shows, declared high-minded legal ideals but has consistently cheated in their implementation. There is logic, tradition, and a stable modus operandi in the way the American security apparatus violates the Constitution. This book analyzes this socio-pathology of law in the U.S. with regards to national security beliefs. He gives an overview of documents he was able to receive pursuant the Freedom of Information Act mostly blacked out, although they describe his own suspicious activities, i.e. letter-writing. He broadens the discussion to address the wider issue of electronic surveillance by the government. Former CIA and FBI director William Webster describes the agencies use of spiderweb electronic surveillance against foreign agents with breathtaking directness. Avakov then examines the art of electronic surveillance as well as the extent of modern total surveillance, with a consideration of the impact of electronic surveillance on rights, and the philosophical basis for the connection between rights and privacy. Without privacy, there is no autonomy of person; without autonomy of person, there is no freedom. Yet the United States government employs several legal mechanisms, especially against foreign intelligence agents, which hinge on innovative uses of electronic surveillance. Such techniques include the use of friendly countries intelligence services and Echelon to avoid the ticklish problem of obtaining warrants. The information collected by the Foreign Intelligence Surveillance Court (FISC) used to be barred from presentation in criminal court as evidence, because it entailed a much weaker probable cause requirement than domestic surveillance. However, developments in connection with the war on terror, such as the USA Patriot Act, allow the US government use of FISC surveillance information for criminal persecution. The resultant weakening of the exclusionary rule and due process in general violate the Constitution. The history of political spying in the US, as well as warnings by US legal authorities, point to the dangers of electronic surveillance to human rights. The author concludes with a discussion of practical solutions to counter these dangers as suggested in a number of publications.

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US Intelligence Greets a Soviet Dissident
3
2 Is There A Problem of Rights vs The National Security State in America?
19
3 Philosophy of Rights
137
The Constitution of the United States
167
Commentary to the Constitution of the United States
185
Appendix III The Subversive Leaflets
191
Appendix IV What an Educated Russian Reads
199
References
207
Index
237
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第 181 頁 - If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President...
第 180 頁 - Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
第 181 頁 - Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
第 180 頁 - XVIII [SECTION 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
第 60 頁 - Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
第 73 頁 - But freedom to differ is not limited to things that do not matter much That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order...
第 174 頁 - President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III Section 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good...
第 167 頁 - All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
第 164 頁 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations.

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