Tag Archives: Bill of Rights

In the Year 1920 but 132 Years Late

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by Rick Bretz

Voting empowers oneself. It gives someone the feeling that they have a say in what happens around them.

History makes the argument that Americans didn’t have a representative government until recently.   The US Constitution was ratified on June 21st, 1788.  They made some mistakes, left out a few disenfranchised members of society,  and failed to address important issues.   The wonderful thing about the US Constitution is the document can be changed.

The Constitution was changed in 1791 with the Bill of Rights and subsequently, several more amendments were added– important ones. The United States of America and its citizens and representatives acted as the editorial board and added more wisdom to make our government by and for the people even better.

It’s President’s Day, a time to celebrate George Washington, Abraham Lincoln and all the other leaders that have taken us this far.  Some were better than others but, nevertheless, they served as best they could under their present-day environment.

These learned and successful men also kicked the can down the road on a few other issues in the name of getting the US Constitution ratified and creating a stable government.

The women’s suffrage movement celebrated their freedom to choose on August 18th, 1920 when the 19th Amendment became part of the United States Constitution.  132 years late but the error was corrected.

That is the day they could exercise their right to vote.  With all battles and wars, the suffrage movement fuel was moved closer to the revolution spark with the formation of the United States under the US Constitution.

In a letter to John Adams on March 31 1776, Abigail Adams wrote, “…in the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favourable to them than your ancestors.” 

She continues her request with a warning, “Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation.” 

The framers messed up and didn’t follow her advice.  That rebellion came soon enough with the leadership of Susan B. Anthony and Elizabeth Cady Stanton.  These leaders of the suffrage movement were determined and focused on their ultimate goal and recruited an army of women to accomplish it.

On President’s Day, it’s significant to remember that women didn’t have the right to vote for a President until 1920, 100 years ago.  The fact baffles clear thinking people that it took a prolonged fight to give a fundamental right to a vital group of society, considering their role in America’s struggles and accomplishments.

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The United States is a republic, not a democracy.  The majority does not rule.   A republic gives power to elected representatives to act on their interests.

A pure democracy argued Thomas Jefferson, “ …is nothing more than mob rule, where 51 percent of the people may take away the rights of the other 49.”

The argument could also be made that we didn’t have a fully representative government until 1920.  How can you have full representation when significant segments of the population are left out?  The first part got their voting rights in 1870 with the Fifteenth Amendment when African American’s were given the right to vote.  It took another 50 years for the 19th Amendment to pass.    For good measure, Lyndon Johnson passed the Voting Rights Act of 1965 because there were still people who wanted to deny people the right to walk in a polling place and vote. This legislation covered a wide spectrum of voting right abuses.

Native Americans also had a struggle for voting rights.  Like black voters after the fifteenth Amendment, they also had to struggle against state-mandated literacy tests, poll taxes, fraud, and intimidation.

A Ken Burn documentary on the suffrage movement called “Not For Ourselves” features the struggle for voting rights and the two women who fought the difficult fight, Susan B. Anthony and Elizabeth Cady Stanton.  They fought the battle but passed away before their goal was realized in 1920. The documentary points out they were doing for all women after them. It’s worth a look if only to see the ridiculous arguments from the people fighting against women’s voting rights all those years after the US Constitution was ratified in 1788.

One last thought—the United States is not the only country that fought the battle.  Women from England, Europe, Asia, and the Middle East fought and won their voting rights.  In some places, the fight goes on.

We have an electoral college for many reasons such as counteracting voting fraud, creating a firewall against other election day shenanigans as well as resolving elections relatively soon.  The electoral college number that is given to states is a representation of that population.  The only way to get a true representation is for each segment to be given the right and the ability to vote, regardless of race, religion, and gender.

https://www.pbs.org/kenburns/not-for-ourselves-alone

https://constitutioncenter.org/blog/everything-you-ever-wanted-to-know-about-the-bill-of-rights/

https://pacificlegal.org/the-united-states-is-not-a-democracy-and-it-wasnt-meant-to-be-one/?gclid=EAIaIQobChMI0PqYsNPY5wIVxp6zCh3C5QkYEAAYAiAAEgIJfvD_BwE

https://www.loc.gov/teachers/classroommaterials/presentationsandactivities/presentations/elections/right-to-vote.html

https://www.history.com/topics/black-history/voting-rights-act

The Right to Privacy, Data Protection and Social Media

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By Rick Bretz

Joining a social media site like Facebook is opening the curtains to the big picture window to your life.  However, when you pull the draw string to open up the curtains in your home, you can close them back up just as fast anytime you want to keep your life to yourself.

“The right to be left alone”

The World Wide Web is the global communicator and what a user does on it or puts on it is forever, saved on a server somewhere for use on the Wayback Machine.  When you click on something you are part of the big industry of data mining and collection that can be parsed, sliced, organized and delivered to businesses and analysts everywhere.

Congratulations! You are part of the modern technological community.

The Right to Privacy

A book published in 1995, authored by Caroline Kennedy and Ellen Alderman, foresaw the future conflict between data protection, data collection and the right to privacy for internet commerce customers.

In the introduction, the authors pointed to a phrase justice Louis D. Brandeis used more than 120 years ago when he called the Right to Privacy, “The right to be left alone.”  The question is if you buy something from a vendor website should you have the right to be left alone or should your personal preference data be left alone.  If you buy a widget on the internet today you will find widget advertisements pop up on the news websites you visit later on.  Is that right? Is that OK.  Is that just the way businesses run in the age of information technology?  The short answer is “Yes.”   Does it give a business the right to do whatever they want with the data?  Arguably, “No.”

The authors also correctly point out that the word “Privacy” does not appear anywhere in the United States Constitution. However. one could infer a right to privacy when reading it, especially in reference to the Bill of Rights and its amendments.  The important one that comes to mind is the fourth amendment concerning illegal search and seizure.

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The current issue being covered by the media involves Facebook and how they treat their data mining and collections of users.  The business of selling user data and preferences to other agencies for them to use for other purposes has made Facebook users think twice about continuing to post their thoughts and likes.

One could argue that when someone signs up for Facebook, Instagram or any other social media site you are giving up your right to be “left alone.”  What you really want is the ability to selectively let your friends and relatives know what is going on in your life.  People are upset today because Facebook is treating their data from the personal lives of users like another commodity, like selling computer hardware on the open market.

In the Kennedy and Alderman book, the authors were ahead of their time when discussing issues associated with personal rights concerning this issue. Their topics included, Privacy and Your Self, Privacy Versus the Press, Privacy and Law Enforcement and Privacy in the Workplace

The book discusses the Fourth Amendment, in particular concerning a law enforcement case.  The book explains that this amendment states “a right of the people to be secure in the persons, houses, papers and affects, against unreasonable searches and seizures, shall not be violated.”  The book further explains that the Supreme Court has interpreted the amendment as protecting an individual’s “reasonable expectation of privacy.”

The question remains, if you join a social media site, should you presume a reasonable expectation of privacy.  Today information technology, web use, and data collection and analysis generate effective business practices and customer satisfaction.  It’s the reason a consumer can order something from the internet from a vendor and be assured that product will be available to be sent to customers the same or next day.  Data mining and collection can be used to effectively manage a business or negatively effect a user as when businesses sell their data to other companies or when black hat hackers steal the data and sell it or hold it for ransom.

Most universities have an Information Technology ethics course as part of their curriculum for computer science graduates.  The “Do No Harm” philosophy can be followed or not.  As with any instrument of technology, if put in the wrong hands, the potential for damage increases.

Businesses have a legal and ethical responsibility to protect data.  Data that can personally identify someone should be protected with a special effort.  Personal Health Information (PHI) and Personal Identifiable Information (PII) like social security numbers, phone numbers and addresses are gold to black hat hackers who want to ransom the data.  Experts in the field of information security will tell you there are millions of instances everyday where hackers try to exploit vulnerabilities in commercial and government networks to get user data. The good news is most of them are thwarted by perimeter security technologies.  The bad news is it only takes one attack that defeats these measures to mess things up.   Consumers don’t need companies selling their data and spreading it elsewhere to add to the challenge of safeguarding user information. Protecting data and personal privacy should be important to an individual and to everyone who sees it.

Notable Links:

https://constitutioncenter.org/interactive-constitution?gclid=EAIaIQobChMI0ez668Go2gIViLbACh0jtQufEAAYASAAEgL6C_D_BwE

https://www.sans.org/security-resources/ethics

https://www.eccouncil.org/code-of-ethics/

https://er.educause.edu/articles/2017/3/ethics-and-the-it-professional

https://www.reuters.com/article/us-facebook-privacy/facebook-says-data-leak-hits-87-million-users-widening-privacy-scandal-idUSKCN1HB2CM

https://www.techradar.com/news/us-uk-investigating-facebooks-role-in-cambridge-analytica-data-breach

https://www.americanbar.org/publications/blt/2014/01/03a_claypoole.html

https://www.isaca.org/Journal/archives/2012/Volume-6/Pages/Lack-of-Privacy-Awareness-in-Social-Networks.aspx

http://archive.org/web/