Comment by spankalee 5 days ago
I don't think it's much of a problem at all. Many of the protesters and observers are not hiding their identities, so finding their phone number isn't a problem. Even with content, coordinating legal activities isn't a problem either.
The literal point of civil disobedience is accepting that you may end up in jail:
"Any man who breaks a law that conscience tells him is unjust and willingly accepts the penalty by staying in jail to arouse the conscience of the community on the injustice of the law is at that moment expressing the very highest respect for the law."
-- Letter from the Birmingham Jail, MLK Jr: https://people.uncw.edu/schmidt/201Stuff/F14/B%20SophistSocr...
It makes it a problem that's inherently present for any act of civil disobedience, unless you truly believe that you can hide from the US government. I'm pretty sure that all of the technical workarounds in the world, all of the tradecraft, won't save you from the weakest link in your social network.
That's life, if you can't take that heat stay out of the kitchen. It's also why elections are a much safer and more reliable way to enact change in your country than "direct action" is except under the most dire of circumstances.
This works when protesting an unjust law with known penalties. King knew he would be arrested and had an approximate idea on the range of time he could be incarcerated for. I don't know if it's the same bargain when you are subjecting yourself to an actor that does not believe it is bound by the law.
Oh, apologies, I'm not saying that King didn't risk considerable injury or death. I'm saying that I don't think he is talking about that in this particular passage. The passage gp quoted is about how accepting lawful penalties from an unjust law venerates and respects the rule of law.
I think it's different with illegal "penalties" like being mauled by a dog or an extrajudicial killing. While those leaders of the civil rights movement faced those risks, I don't think King is asking people to martyr themselves in that passage, but to respect the law.
In contrast to accepting punishments from unjust laws, I think there is no lawless unjust punishment you should accept.
If you let the government stomp on your constitutional rights and willingly go to jail on unconstitutional grounds, then that's not respect for the law. That's respect for injustice.
Accepting jail over 1A protected protests only proves you're weak (not in the morally deficient way, just from a physical possibilities way) enough to be taken. No one thinks more highly of you or your 'respect for the law' for being caught and imprisoned in such case, though we might not think lesser of you, since we all understand it is often a suicide mission to resist it.
>If you let the government stomp on your constitutional rights and willingly go to jail on unconstitutional grounds, then that's not respect for the law. That's respect for injustice.
My point is about civil disobedience, not disobedience generally. The point of civil disobedience is to bring attention to unjust laws by forcing people to deal with the fact they they are imprisoning people for doing something that doesn't actually deserve prison.
Expecting to not end up in prison for engaging in civil disobedience misses the point. It's like when people go on a "hunger strike" by not eating solid foods. The point is self-sacrifice to build something better for others.
https://www.kqed.org/arts/11557246/san-francisco-hunger-stri...
If that's not what you're into -- and it's not something I'm into -- then I would suggest other forms of disobedience. Freedoms are rarely granted by asking for them.
Materially impeding law enforcement operations, interfering with arrests, harassing or assault officers, and so forth is not 1A protected and is illegal. There’s lots of this going on and some of it is orchestrated in these chats. They may nevertheless be civil disobedience, maybe even for a just cause, but I have no problem with people still being arrested for this. You obviously cannot have a civil society where that is legally tolerated.
It isn’t just people walking around holding signs or filming ICE. Can we please distinguish these cases?
Importantly this definition references an individual’s conscience. Seditious conspiracy is another matter. Here is the statute:
> If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
A group chat coordinating use of force may be tough.
> protestors behaving legally or practicing civil disobedience can still have their lives ruined by people in power.
They surely can. But the point was more than the people in power don't really need Signal metadata to do that. On the lists of security concerns modern protestors need to be worrying about, Signal really just isn't very high.
Some of the signal messages I've seen screenshotted (granted screenshots can be altered) make it seem like the participants have access to some sort of ALPR data to track vehicles that they think are ICE. That would probably be an illegal use of that data if true.
The government falling victim to ALPR for once might actually be the push we need to get some reform. That said, they'll probably try to ban it for everybody but themselves. Never before have they had such comprehensive surveillance and I don't expect them to give it up easily.
I remember having to explain to you that the CFAA doesn't apply to German citizens in Germany committing acts against a German website, so I'll take that legal advice with a few Dead Seas worth of salt.
Tow trucks have ALPR cameras to find repossessions. Plenty of private options for obtaining that sort of data; you can buy your own for a couple hundred bucks. https://linovision.com/products/2-mp-deepinview-anpr-box-wit...
That seems like a weak argument.
I mean, carrying a weapon is a 2nd amendment right, but if I bring it to a protest and then start intimidating people with it, the police going after me is not "Government intimidation of the practice of constitutional rights".
Protesting is a constitution right, but if you break the law while protesting, you're fair game for prosecution.
conspiracy charges are a thing, and they'll only need a few examples of manifestly illegal interference.
it will be quite easy for a prosecutor to charge lots of these people.
it's been done for less, and even if the case is thrown out it can drag on for years and involve jail time before any conviction.
If they could arrest people for what they've been doing, they would have already arrested people. And they have arrested a few here and there for "assault" (things like daring to react when being shoved by an annoyed officer), but the thing that's really pissing DHS off is that the protesters and observers are not breaking the law.
Remember that most of the participants in J6 walked away and were later rounded up and arrested across the country once the FBI had collected voluminous digital and surveillance evidence to support prosecution.
The J6 insurrectionists committed real crimes, and it's very good that they were rounded up, but afaiu most of the evidence had to do with them provably assaulting officers, damaging property, and breaking into a government building. Not that they messaged other people when they were legally demonstrating before the Capital invasion.
The real protection for the legal protesters and observers in MN is numbers. They can't arrest and control and entire populace.
Most are probably just keeping their heads down, trying to wait out this administration. When you're in that kind of cushy career track, you'd have to be very dumb or very selfless to give it up.
Yeah, and I wouldn't bet money on this happening for that reason. But it is possible.
That may be true in the abstract (although it doesn't matter if the cops think you're breaking the law. What matters is whether or not a judge does).
However, neither Border patrol nor ICE have been exhibiting thoughtfulness or patience, so I doubt they're playing any such long game.
I would never agree with you. protestors behaving legally or practicing civil disobedience can still have their lives ruined by people in power.
https://www.phoenixnewtimes.com/news/arizona-supreme-court-s...