Daily Archives: August 3, 2017

Should NSA and CyberCom split? A watchdog weighs in — FCW – FCW.com

Posted: August 3, 2017 at 9:58 am

Defense

As the status of the dual-hat leadership structure of the National Security Agency and U.S. Cyber Command remains under review, the Government Accountability Office teamed up with Pentagon officials to identify the advantages and disadvantages of such a change in a new report.

The benefits of the current arrangement, as identified by officials from the Department of Defense, involve collaboration, faster decision making and resource efficiency.

But the big downside is that wider access to NSA's toolkit of exploits increases the risk that destructive bugs will get loose as has been seen recently.

GAO was directed to conduct the review in the report language of a recent defense bill.

Auditors found that because one officer calls the shots for two organizations, senior leaders from each organization have visibility into the procedures of the other, allowing for natural coordination on capability development, testing and business processes.

"In the absence of the dual-hat, [NSA] and CyberCom would need to formalize these internal processes in order to maintain them," auditors write.

Another advantage is that the single leader for both organizations allows for faster decision-making because it doesn't require building consensus across commands.

Officials from several DOD components, including NSA and CyberCom, told GAO that the structure allows the two organizations to make efficient use of their resources by sharing digital and physical infrastructure and by combining employee training sessions.

DOD officials also detailed the disadvantages of the dual-hat approach.

Officials reported concerns about preferential prioritization of one organization's requests for support over the other's, concerns that may only be exacerbated as CyberCom is set to receive the authorities of a unified combatant command.

And, as previously noted, CyberCom's use of NSA's tools and infrastructure increases the risk those tools being leaked or exposed.

Because of the wide range of responsibilities of the two organizations, and as CyberCom is elevated to become a full combatant command, DOD officials expressed concerns that the duties may be too broad for a single officer to realistically handle.

Although they both operate in cyberspace, the missions of CyberCom and NSA also have an inherent tension. CyberCom focuses primarily on conducting military operations, while NSA's mission is primarily intelligence-based.

DOD officials also told auditors that while the sharing of resources is efficient, the resource allocation between the two entities is sometimes unclear. They stated that DOD does not have an official position on the advantages and disadvantages of the dual-hat structure.

The report also includes actions that could limit potential risks of splitting the leadership.

While there is broad support from current and former officials, including former President Barack Obama, for elevating Cyber Command to the level of an independent combatant command, the idea of splitting the agencies has received some pushback.

Legislatively, 2017 National Defense Authorization Act stated that the dual-hat role, which dates back to CyberCom's creation in 2009, will remain in place until an assessment is conducted about the potential security risks of splitting the current structure.

The 2018 bill submitted by the House Armed Services Committee includes a $647 million boost to support the elevation of U.S. Cyber Command to a full combatant command level, but omits new language about an eventual split of the NSA and CyberCom.

About the Author

Chase Gunter is a staff writer covering civilian agencies, workforce issues, health IT, open data and innovation.

Prior to joining FCW, Gunter reported for the C-Ville Weekly in Charlottesville, Va., and served as a college sports beat writer for the South Boston (Va.) News and Record. He started at FCW as an editorial fellow before joining the team full-time as a reporter.

Gunter is a graduate of the University of Virginia, where his emphases were English, history and media studies.

Click here for previous articles by Gunter, or connect with him on Twitter: @WChaseGunter

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Report: NSA Illegally Spied on Kim Dotcom in New Zealand – Breitbart News

Posted: at 9:58 am

Documents reveal that the NSA and New Zealands Government Communications Security Bureau surveilled Dotcom in a joint operation officially until 2012. The NSA then reportedly continued to use New Zealand technology to spy on Dotcom after 2012.

GCSB claimed that it turned off all surveillance systems targeting Dotcom and others butfound out more than a year later that surveillance continued without its knowledge, reportedthe New Zealand Herald. The details in the documents have led Dotcom to state that there is now evidence the United States National Security Agency was carrying out surveillance on him.

Dotcom, who should have been protected from GCSB surveillance as a New Zealand resident, said the GCSB did not know because its equipment was being used by the NSA, which was directly involved, the report claims.

In a series of tweets, Dotcomcalled GCSB consistent liars and claimed they were aware of the continued surveillance of him by the NSA.

The tech entrepreneur also called the incident a sellout of NZ sovereignty, before referencing the Five Eyes surveillance alliance between New Zealand, the United States, the United Kingdom, Australia, and Canada.

Im not a terrorist or a national security threat. Im not even a criminal, declared Dotcom on Twitter. Im an innovator, a nerd, I play video games. Fuck you NSA!

Charlie Nash is a reporterforBreitbart Tech. You can follow himon Twitter@MrNashingtonorlike his page at Facebook.

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Independence Pass defendant denies multiple allegations – Aspen Daily News

Posted: at 9:57 am

The Colorado Springs man who police say held three men at gunpoint last summer on Independence Pass has denied the allegations in response to a lawsuit.

In addition to the denials, Brolin McConnell, 31, also maintains his Fifth Amendment rights, which guard against self-incrimination.

McConnell faces criminal charges of attempted murder, first-degree kidnapping and menacing, among other counts. He has been in jail ever since his arrest on July 27, 2016, following what the alleged victims said was a terrifying and frightening ordeal on Lincoln Creek Road.

Its unclear why McConnell, a Front Range real estate agent, allegedly held the men hostage and made bizarre statements and demands, including one for $100 million. Law enforcement initially suspected he was on methamphetamine, but a drug screen showed only a trace of marijuana in his blood.

He shot twice near one hostage, including a bullet that whizzed by the mans ear, causing hearing damage, according to the lawsuit and police reports. That man and two others were able to escape, and McConnell surrendered after being rushed by sheriffs deputies and an Aspen police officer at gunpoint. He has been held in jail on a $500,000 bond ever since.

In June, the three men sued him in Pitkin County District Court, claiming assault, battery, false imprisonment, extreme and outrageous conduct and negligent infliction of emotional distress.

The criminal case has halted after the district attorneys office appealed a judges dismissal or reduction, in February, of three felony counts, including attempted murder after deliberation, though a charge of attempted murder with extreme indifference was upheld. The disputed charges are now in the hands of the Colorado Court of Appeals.

McConnell has yet to speak in court or enter a plea; his first attorney waived advisement of the charges. At a preliminary hearing in January, in which a judge upheld some of the charges and dismissed or reduced others leading to the appeal Sarah Oszczakiewicz said the current bond was appropriate to protect the public. She cited jail recordings of conversations McConnell had with family members that show him instructing relatives to sell all his possessions to pay for legal representation. That includes multiple firearms, including AR-15 and AK-47 rifles, she said, adding that McConnell told his family he wanted to go live in the woods and forgo society.

On July 24, McConnells attorney, Scott Mikulecky of Colorado Springs, answered the lawsuit with a filing in which all of the allegations are denied.

The plaintiffs claims are barred or reduced by failure to mitigate their damages, the answer says, employing standard, boiler-plate legalese. Defendant expressly reserves all Fifth Amendment rights and privileges.

On Tuesday, Mikulecky moved to stay the lawsuit.

Defendant contends that in order to avoid undue prejudice against him, and to allow him and his counsel to prepare for the criminal trial, this court should stay these civil proceedings until the criminal trial has been completed, says the motion to stay the civil proceeding.

It says that McConnell, during the criminal proceeding, will be advised by his attorneys to invoke the Fifth Amendment in relation to the lawsuit.

And not until the criminal trial is concluded, and any appeals exhausted, will defendant be instructed by counsel that he will no longer have the ability to invoke these Fifth Amendment rights, Mikulecky wrote.

The motion, which the plaintiffs attorney, Ryan Kalamaya of Aspen, did not oppose, was approved by a judge on Wednesday.

chad@aspendailynews.com

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Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine – SCOTUSblog (blog)

Posted: at 9:57 am

Posted Wed, August 2nd, 2017 12:21 pm by Jennifer Lynch

Jennifer Lynch is a senior staff attorney for the Electronic Frontier Foundation, which filed an amicus brief in support of Timothy Carpenters petition for certiorari in Carpenter v. United States.

This summer, the Supreme Court granted certiorari in Carpenter v. United States, a case that offers the court another chance to address just how far the Fourth Amendments protections against warrantless searches and seizures extend to cover information generated by the modern technologies we rely on every day.

In Carpenter, the FBI accessed location data linked to Timothy Carpenters and his co-defendants cell phones in its attempt to place the suspects at the sites of several robberies. But the data the FBI asked for and received werent limited to the days and times of the known robberies they also included months of records that could reveal everywhere the defendants were every time they made or received a phone call. And the FBI got all of this information without a warrant.

The specific data at issue in the case are called cell-site-location information, or CSLI. These data, maintained by wireless carriers, are records of the cell towers our phones connect to every time they try to send and receive calls, texts, emails and any other information. The records generated hundreds and sometimes thousands of times per day include the precise GPS coordinates of each tower as well as the day and time the phone tried to connect to it. While this all may sound complicated, the important point is that, in cases like this one, the government argues that CSLI is really just a proxy for where the phone and, by extension, the phones owner is or has been.

Police ask for these records a lot in 2016, Verizon and AT&T alone received about 125,000 requests for CSLI and each request may involve months of information on multiple people. No federal statutes place any specific restrictions on how much data the police can ask for at any one time, and the standard required to obtain access whether there are specific and articulable facts showing that there are reasonable grounds to believe the data are relevant and material to an ongoing criminal investigation is much lower than probable cause. As a result, cases like this one, in which the government obtained 88 days and 127 days worth of location information for each defendant, appear to be the norm. (In another cert petition filed this past term, Graham v. United States, the police accessed 221 days of CSLI for each defendant.)

In Carpenter, the Supreme Court will address whether access to this information is a search under the Fourth Amendment and whether that search requires a warrant. The issues raised in this case are important because location information like CSLI shows where we are and where we have been. And where we travel can reveal very sensitive details about our lives. As Justice Sonia Sotomayor noted in her concurring opinion in United States v. Jones, location information can provide the government with a precise, comprehensive record of a persons public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. Or, as the lower court in Jones put it, [a] person who knows all of anothers travels can deduce whether he is a weekly church goer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groupsand not just one such fact about a person, but all such facts.

Despite the sensitive nature of location data and the volume of information collected in Carpenter and other cases, five federal appellate courts, in deeply divided opinions, have held that historical CSLI isnt protected by the Fourth Amendment in large part because the information is collected and stored by third-party service providers. The courts have relied on a legal principle called the third-party doctrine, which was developed in two 1970s Supreme Court cases, Smith v. Maryland and United States v. Miller. This principle holds that information you voluntarily share with someone else whether that someone else is your bank (such as deposit and withdrawal information) or the phone company (the numbers you dial on your phone) isnt protected by the Fourth Amendment because you cant expect that third party to keep the information secret. By sharing that information with a third party, you have assumed the risk that it will be shared with others.

The Electronic Frontier Foundation and many others have argued that its time for the Supreme Court to revisit this outdated doctrine. As Sotomayor noted in Jones, the third-party doctrine is ill suited to the digital age. This is because, as she also noted, we live in an era in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks. We use cellphones to stay in touch with friends and family on the go, store data in the cloud to be able to access it anywhere later, rely on GPS mapping technologies to find our way about town, and wear activity trackers to try to improve our health. Its impossible to use any of these technologies without sharing data with third parties.

This dilemma highlights a key weakness in this line of the Supreme Courts Fourth Amendment jurisprudence: Assuming that it is unreasonable to expect privacy when we share something with others makes secrecy a prerequisite for privacy. But Justice Thurgood Marshall recognized in his dissent in Smith years ago that [p]rivacy is not a discrete commodity, possessed absolutely or not at all. That an individual discloses information to a third party for one purpose does not mean he believes he has relinquished all privacy interests in that information. Nor is it clear that such a belief would be good for society. To maintain secrecy as a prerequisite for Fourth Amendment safeguards would mean that information once protected in the non-digital world would lose that protection today.

Some third-party cases at the Supreme Court and federal appellate courts have recognized that sharing information with others doesnt always equal blanket disclosure to all. The court has held that patients have a reasonable expectation of privacy in diagnostic test results, even when the hospital maintains the records (Ferguson v. City of Charleston); passengers retain an expectation of privacy in luggage placed in an overhead bin despite the possibility of external inspection by others (Bond v. United States); and hotel guests are entitled to constitutional protections even though they provide implied or express permission for third parties to access their rooms (Stoner v. California). And at least one lower court, the U.S. Court of Appeals for the 6th Circuit, in United States v. Warshak, has ruled that people have an expectation of privacy in email content, even if they use a third party service provider to transmit that email.

Thus, the main challenge for the Supreme Court in Carpenter will be to figure out how to reset the parameters of the third-party doctrine for the digital age or do away with it altogether.

One thing is clear: These thorny issues are not going away. How the Supreme Court decides this case will have important ramifications for the future especially for the internet of things, where sensors and devices in our homes, on our cars, and throughout our world will constantly collect, generate, and share data about us with little to no volition on our part. Choosing to participate in society in the 21st century will require use of these technologies; it shouldnt require us to relinquish our constitutional rights.

Posted in Carpenter v. U.S., Summer symposium on Carpenter v. United States, Featured, Merits Cases

Recommended Citation: Jennifer Lynch, Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine, SCOTUSblog (Aug. 2, 2017, 12:21 PM), http://www.scotusblog.com/2017/08/symposium-will-fourth-amendment-protect-21st-century-data-court-confronts-third-party-doctrine/

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Traffic Stop and Request to Search Did Not Violate the Fourth Amendment – WisBar

Posted: at 9:57 am


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Traffic Stop and Request to Search Did Not Violate the Fourth Amendment
WisBar
Aug. 2, 2017 A sheriff's deputy ran a man's license plates in high crime area in Kenosha and learned the vehicle's registration was suspended for emissions violations. Recently, the state supreme court ruled the subsequent stop and search, which ...

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The Second Amendment has won (again) in Washington. So why won’t the Supreme Court fully enforce it? – Fox News

Posted: at 9:56 am

Washington, D.C. residents, you dont have to holster your Second Amendment rights anymore. Unfortunately, residents of many other states like California dont have the same ability that D.C. residents now do to protect themselves.

In a stirring victory for those who live in the nationals capital, a panel of the District of Columbia Circuit Court of Appeals recently threw out a D.C. ordinance that denied concealed-carry permits to anyone who could not show a special need for self-defense, what is referred to as a good reason requirement. The problem is that other courts of appeal have upheld such restrictive laws and the U.S. Supreme Court has turned down appeals of those decisions, refusing to take up the issue of the Second Amendments application to carrying a weapon outside of the home.

This happened most recently at the very end of the Supreme Courts 2017 term in June when it refused to take up Peruta v. California, an appeal of a decision of the Ninth Circuit upholding Californias good reason requirement.

In a scathing dissent, Justice Clarence Thomas (joined by Neil Gorsuch) castigated the other justices for treating the Second Amendment as a disfavored right. He said it was long-past time for the Court to decide this issue and that he found it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen.

In the opinion over the District of Columbias concealed carry law written by Judge Thomas Griffith of the D.C. Circuit, Griffith pointed out that the U.S. Supreme Courts first in-depth examination of the Second Amendment occurred in 2008 in District of Columbia v. Heller, where the Court threw out D.C.s complete ban on handguns as unconstitutional.

That decision is younger than the first iPhone. The Supreme Court did not outline how the Second Amendment applies to the carrying of a weapon in public, but as Griffith says, Heller reveals the Second Amendment erects some absolute barriers than no gun law may breach.

After Heller, D.C. implemented a complete ban on concealed carry. That was struck down in 2014 in Palmer v. District of Columbia. D.C. responded by restricting concealed-carry permits only to those who could show a good reason to fear injury. That required showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks.

Living in a high-crime neighborhood wasnt a good enough reason for a concealed-carry permit under D.C.s regulation. In essence, you had to prove you had a good reason to exercise your constitutional right, a bizarre situation unique in American constitutional jurisprudence.

D.C. argued, absurdly enough, that its ordinance did not violate any constitutional right because the Second Amendment doesnt apply outside of the home.

Judge Griffith dismissed this claim, saying that the fact that the need for self-defense is most pressing in the home doesnt mean that self-defense at home is the only right at the [Second] Amendments core.

Obviously, the need for self-defense might arise beyond as well as within the home. Further, the Second Amendments text protects the right to bear as well as keep arms. Thus, it is natural that the core of the Second Amendment includes a law-abiding citizens right to carry common firearms for self-defense beyond the home.

Even under Heller, governments can apply regulations on the possession and carrying of firearms that are longstanding, such as bans on possession by felons or bans on carrying near sensitive sites such as government buildings. But preventing carrying in public is not a longstanding tradition or rule.

This opinion goes into detail discussing the long American and English history applicable to weapons and self-defense, going back as far as the Statute of Northampton of 1328 -- whose text, as the court says, will remind Anglophiles of studying Canterbury Tales in the original. But the state of the law in Chaucers England or for that matter Shakespeares or Cromwells is not decisive here.

What is decisive is that the Supreme Court established in Heller that by the time of the Founding, the preexisting right enshrined by the Amendment had ripened to include carrying more broadly than the District contends based on its reading of the 14th-century statute. According to Griffith, the individual right to carry common firearms beyond the home for self-defense even in densely populated areas, even for those lacking special self-defense needs falls within the core of the Second Amendments protections.

Unfortunately, other federal courts of appeals have upheld similar good reason laws for concealed carry permits. But as Judge Griffith points out, those courts dispensed with the historic digging that would have exposed that their toleration of regulations restricting the carrying of a weapon is faulty.

The constitutional analysis that should be applied to all government gun regulations is that they must allow gun access at least for each typical member of the American public. Because D.C.s restrictive good reason concealed-carry law bars most people from exercising their Second Amendment right at all, it is unconstitutional. At a minimum, the Second Amendment must protect carrying given the risks and needs typical of law-abiding citizens.

The court drew together all the pieces of its analysis in this way:

At the Second Amendments core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions. These traditional limits include, for instance, licensing requirements, but not bans on carrying in urban areas like D.C. or bans on carrying absent a special need for self-defense. In fact, the Amendments core at a minimum shields the typically situated citizens ability to carry common arms generally. The Districts good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents. Thats enough to sink this law under Heller I.

One of the judges on the D.C. panel, Karen LeCraft Henderson, dissented, arguing that the core right in the Second Amendment is only to possess a firearm in ones home and she saw no problem with D.C.s good-reason requirement.

That dissent, along with the contrary decisions of other appeals courts, shows why the Supreme Court needs to follow Justice Thomass admonition and finally settle this issue. As Thomas scolds in his dissent in Peruta:

For those of us who work in marble halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it.

Hans A. von Spakovsky is a Senior Legal Fellow at The Heritage Foundation and former Justice Department official. He is coauthor of Whos Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk.

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The Second Amendment has won (again) in Washington. So why won't the Supreme Court fully enforce it? - Fox News

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Collins proposes new measures for protecting Second Amendment rights – Wyoming County Free Press

Posted: at 9:56 am

Congressman Chris Collins (NY-27) has proposed new measures for protecting Second Amendment rights by introducing legislation to limit states authority when it comes to regulating rifles and shotguns, commonly used by sportsmen and sportswomen.

The Second Amendment Guarantee Act (SAGA) would prevent states from implementing any regulations on these weapons that are more restrictive than what is required by federal law. Upon passage of this bill, most of the language included in New York States Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 signed into law by Gov. Andrew Cuomo would be void.

This legislation would protect the Second Amendment rights of New Yorkers that were unjustly taken away by Andrew Cuomo,Collins said.I am a staunch supporter of the Second Amendment and have fought against all efforts to condemn these rights. I stand with the law-abiding citizens of this state that have been outraged by the SAFE Act and voice my commitment to roll back these regulations.

Governor Cuomos SAFE Act violates federal regulation and the following provisions would be void under the proposed legislation:

-Cuomos SAFE Act expanded rifle and shotgun bans to include semi-automatic guns with detachable magazines that possess certain features.

-The Cuomo SAFE Act banned the capacity of magazines that hold more than 10 rounds of ammunition.It further limited magazines to seven rounds at any time.

In the Collins bill, States or local governments would not be able to regulate, prohibit, or require registration and licensing (that are any more restrictive under Federal law) for the sale, manufacturing, importation, transfer, possession, or marketing of a rifle or shotgun. Additionally, rifle or shotgun includes any part of the weapon including any detachable magazine or ammunition feeding devise and any type of pistol grip or stock design.

Under this legislation, any current or future laws enacted by a state or political subdivision that exceeds federal law for rifles and shotguns would be void. Should a state violate this law, and a plaintiff goes to court, the court will award the prevailing plaintiff a reasonable attorneys fee in addition to any other damages.

Congressman Collins was joined today by local, county, and state elected officials and citizen supporters of the Second Amendment during events to unveil his bill in Erie and Monroe counties.

Hamburg Rod and Gun Club:

Assemblyman David DiPietro

Erie County Sheriff Tim Howard

Erie County Comptroller Stefan Mychajliw

Erie County Legislator Ted Morton

Representatives from SCOPE

Rochester Brooks Gun Club:

Senator Rich Funke

Senator Rob Ortt

Assemblyman Peter Lawrence

Monroe County Legislator Karla Boyce

Representatives from SCOPE

To read the text of H.R. 3576, the Second Amendment Guarantee Act, clickhere.

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MMA Legend Royce Gracie On The Second Amendment – The Daily Caller

Posted: at 9:56 am

If youve heard of Brazilian jiu-jitsu, mixed-martial arts or the UFC, the reason is Royce Gracie. In the early 1990s, his dominance of the octagon brought his familys style of jiu-jitsu into the American mainstream, and the martial art has become immensely popular around the world ever since. In addition to his hand-to-hand combat skills, Gracie is also a fan of firearms and the Second Amendment. Shooting Illustrated Editor-in-Chief Ed Friedman sat down with Gracie to discuss his career, his love of freedom and his interest in guns.

SI: How did you get interested in firearms?

Royce Gracie: Growing up in Brazil, my dad had a few guns on our farm. Its part of martial arts. Sure, they say its empty hands, but so many styles use weapons, so its part of the martial arts culture. When I came to America and saw the freedom that we have, I was blown away. Back in the early days, we had a friend who would take us to the range, and wed shoot 100 rounds through a .45 ACP 1911. Our goal was to make the bullseye disappear, and I got the shooting bug. Shooting is an art. You need to know what youre doing, how to be safe, to recognize the skill needed to control that power. Its a lot like martial arts in that way.

SI: What makes someone who is so skilled in unarmed self-defense feel the need to own firearms?

Royce Gracie: What if theres more than one person? What if the adversary is armed? If its just one guy whos not armed, yeah, I can take care of him. But what if he pulls a gun? What if theres more than one attacker and they have knives? What happens if theres a terrorist attack? Ive got a mentality that Im going to try to stop an attack no matter what, but if hes got a gun, thats suicidal if Im not armed. Also, if a criminal is attacking other people, its not always feasible for even someone with my skills to stop that attack without a firearm.

Attackers arent going to make it a fair fight. They launch surprise assaults; they try to take you out to get to your family or your property. Its not the octagon. Theres no referee. And if he pulls a weapon, hes not just trying to fight mehes trying to kill me. At that point, youd be crazy to try to go hand to hand. I have a gun to defend myself if the situation escalates like that.

SI: Tell me a little about the situation in Brazil as it pertains to gun ownership and crime.

Royce Gracie: Brazil never had the degree of freedom we have in the U.S., but you used to be able to buy some guns. There were restrictions, but there were shops we could go to. Then, they essentially banned civilian ownership guns in what they said was an effort to fight crime. That resulted in the criminals arming themselves to the teeth. I mean, they had RPGs and machine guns. They get it from corrupt officials. Violence got out of control after that. It was like the law switched to protect the bad guys. So at the same time they disarmed the law-abiding citizens, they made life easier on the criminals. The murder rate went through the roof. Its so bad, the prisoners in jails get better food than the police!

SI: Why do people sign up for your classes? What is it about Brazilian jiu-jitsu that is so popular?

Royce Gracie: The main reason people go to any martial arts school is to gain confidence by learning skills. They may have had something happen to them or seen a situation that they didnt know how to react to. That stays with themthey dont go right away to learn about self-defense, but that thought stays filed away. Then one day a friend will say Hey, Im learning this martial art; lets go check it out. Then they go to class and start to get the hang of it. Its a lot of the same reasons why people buy a gun for the first time. People realize theyre vulnerable, but it often takes a while. Its not like they see a fight and say, I need to learn a martial art, but a while later that thought comes to the front and they sign up for a class. Its really all about the skills you need to be confident. Parents sign their kids up for the same reason; for the confidence that can come with the discipline that martial arts provide.

SI: What can people expect to learn in a Royce Gracie-taught class?

Royce Gracie: I teach them self-defense. I dont teach competition. Martial arts were made to defend yourself. A lot of schools teach you how to score points, but thats not real life. Competition can ruin a martial art. I teach how to defend yourself in a street-fight situation. Why do you buy a gun? Sure, there are a small number of people who want to be the best competitive shooter in the world, but for most of us, its for self-defense. And maybe that leads to competition, which is fine, but thats not why you signed up for a martial arts class or why you bought that first gun.

SI: What drew you to the NRA? How important is the Second Amendment to you?

Royce Gracie: TheNational Rifle Associationis the front line of keeping my right to keep and bear arms. Thats the way I look at it. I really respect the NRA, because I know from experience, from what happened to Brazil, how important the Second Amendment is. It is my right to defend myself, and the NRA makes sure that right will be there. Look what happened when they took those rights away in Brazil, in Venezuelait is vital to keep that right.

Want to take a class with Royce Gracie? VisitNRACarryGuardExpo.comtoday to sign up for the (limited-space) Brazilian jiu-jitsu class he will teach at the inaugural Carry Guard Expo in Milwaukee, WI, Aug. 25 to 27. Gracie will teach paying attendees several moves that could come in handy should you find yourself in a close-quarters criminal attack. He will also be signing autographs at the show. In addition, there will be seminars from world-class instructors like Steve Tarani, Travis Doc T and many others, so you wont want to miss the best event for those interested in self-defense.

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Peter Berger: Students and First Amendment rights – vtdigger.org

Posted: at 9:56 am

Editors note: This commentary is by Peter Berger, an English teacher at Weathersfield School, who writes Poor Elijahs Almanack. The column appears in several publications, including the Times Argus, the Rutland Herald and the Stowe Reporter.

Over recent decades, public schools have been drafted to play Hemingway while the rest of us have taken turns impersonating Joyce.

This brings us in a roundabout way to the First Amendment.

The Founding Fathers were adamant that free speech and a free press are essential for the health and survival of a free republic. I agree with Benjamin Franklin that there is no such thing as public liberty without freedom of speech. In a day where we see the press corralled, berated and threatened at campaign rallies, and where the president echoes Stalin and Mao to declare our free press the enemies of the people, Im especially leery about any abridgement of anyones free speech rights.

However, I tell my students that the First Amendment doesnt mean you can say whatever you want whenever you want to. The government limits citizens speech all the time without violating the Constitution in a judges courtroom, in my classroom during instruction and tests, and, borrowing from Justice Holmes, by barring us from knowingly and falsely shouting Fire in a crowded theater.

The nexus of free speech and classrooms is important to me as a teacher not only because of my ardor for the First Amendment, but also because it illustrates societys failure to grasp classroom reality which brings us back to Joyce and Hemingway.

Courts have clarified students free speech rights in several signal decisions. In a Vietnam-era student protest case, the Supreme Court ruled that students and teachers dont shed their constitutional rights to freedom of speech or expression at the schoolhouse gate, and that schools can suppress student political speech only if that speech would materially and substantially interfere with the schools mission and operation.

One concurring opinion stipulated that students free speech rights are not the same as or co-extensive with those of adults. A dissenting justice expressed what he considered the courts consensus that school officials should be granted the widest authority in maintaining discipline and good order unless their limitations on students speech are motivated by their own political opinions. Going further in his dissent, another justice warned that the courts decision effectively compels the teachers, parents, and elected school officials to surrender control of the American public school system to public school students.

Two decades later the court clarified its position in a case involving a student who used sexually suggestive language and lewd innuendo in a campaign speech at a school assembly. This time the courts majority held that while the First Amendment protects some offensive forms of speech for adults, the same latitude of expression is not permitted to children in a public school. Officials concern for the sensibilities of other students constitutes a legitimate reason to limit student speech.

These precedent-setting rulings bear on a more recent case that affords a look at decisions that officials including judges make and how they dont reflect but do affect real students and teachers like me. The case this time featured breast cancer awareness bracelets bearing the inscription I (heart) boobies. Administrators banned the bracelets as vulgar and inappropriate for middle school. When two female students defied the ban and were suspended, they sued the district for violating their First Amendment right to free speech.

The schools attorney argued that the I love boobies message pushes the limits of propriety in public schools, undercuts efforts to maintain reasonable decorum, and disrupts the schools proper focus on education. He asserted that administrators should be able to prohibit the use of lewd language to convey political or social messages when the same message can be conveyed in a more decorous manner without lewd language.

The ACLU lawyer representing the students countered that I love boobies did not reasonably pose a substantial material disruption to learning and middle school student behavior.

A series of federal courts eventually concluded that the boobies bracelets were not plainly lewd and were protected as a commentary on a social issue, specifically breast cancer. The Supreme Court declined to hear the case on appeal, which left standing the lower courts decision and overturned the districts ban.

Its worth noting that at the same time this federal court in Pennsylvania was outlawing the ban, a federal court in Indiana was ruling that a school in its jurisdiction could impose a ban on the same boobies bracelets.

Lets set aside the vagaries of our federal court structure, and the image of 13 robed federal jurists discussing boobies for a full hour. Lets also agree that fighting breast cancer is worthwhile.

The principal of the school, herself a breast cancer survivor, banned the bracelets as imposing a substantial risk of disruption and distraction. In contrast, while conceding that there are always immature boys, one of the student plaintiffs opined, But I dont think its that disruptive.

Who should get to decide how much disruption is too much a seventh-grader or the school principal?

Before you answer, consider the T-shirt promoting testicular cancer awareness, also in current circulation, that bears the message, I love balls. How about the bisexual female high school student who came to school wearing a shirt declaring I Enjoy Vagina? Do we allow this as protected speech regarding her sexual preference? Do we allow a male student to wear the same shirt? How about the male football team?

The courts have ruled that administrators decisions must turn on whether they can reasonably forecast that the speech in question will disrupt education, violate other students rights, or obstruct appropriate discipline. No one can better judge what could likely disrupt a particular school than the principal and teachers who work there, the people entrusted with educating our children in the first place.

If you cant trust me to decide about bracelets and T-shirts, how can you possibly trust me to disseminate ideas?

As for our distinguished jurists, anybody who cant predict that many adolescents will have a disruptive, harassing field day with slogans that include reproductive organs and allied body parts shouldnt be in the position of deciding whats reasonable.

Once again your public schools have been rendered impotent.

Smirking vulgarity has triumphed in the name of free speech.

The courts and the general public will cluck their tongues at the further decline of public education.

Deal with it, Hemingway, theyll demand as they duck for cover.

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Peter Berger: Students and First Amendment rights - vtdigger.org

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RTDNA Joins Free Press Groups in Tracking First Amendment Abuse – Broadcasting & Cable

Posted: at 9:56 am

Furthering its efforts around the First Amendment, the Radio Television Digital News Association has joined more than 20 organizations in launching the U.S. Press Freedom Tracker, a website dedicated to documenting abuses against journalists.

The tracker is a repository of data tracking incidents arrests of journalists, equipment searches and physical attacks among them at a time when journalists in the U.S. are facing increasing hostility, RTDNA said.

Reporters covering protests in Washington and North Dakota, for instance, are among 19 journalists charged with crimes so far this year. Ten are currently facing charges, RTDNA said.

Twelve journalists have been subject to equipment searches, and 10 have been physically attacked, the tracker shows.

The tracker shows data collected from news reports and submissions. The Columbia Journalist, Review, Investigative Reporters & Editors and Knight First Amendment Institute are among partnering organizations.

RTNDAs support of the tracker is part of the groups larger multi-faceted initiative fighting the range of threats, from limits to ugly rhetoric, that impede journalists from doing their jobs. The group launched a First Amendment task force earlier this year.

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RTDNA Joins Free Press Groups in Tracking First Amendment Abuse - Broadcasting & Cable

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