Re: [IP] When police ask your name,

2004-06-27 Thread Bill Stewart
At 01:53 AM 6/25/2004, Eugen Leitl wrote:
The transcription rules for furriner names are strict, too.
No Phn'glui M'gl wna'f, Cthulhu R'lyeh Wgha Nagl Ftaghn for you.
Just as well.  They'd probably make you fill the form out in triplicate,
and that could be  unwise 



Re: [IP] When police ask your name,

2004-06-27 Thread Peter Gutmann
At 01:53 AM 6/25/2004, Eugen Leitl wrote:
The transcription rules for furriner names are strict, too.
No Phn'glui M'gl wna'f, Cthulhu R'lyeh Wgha Nagl Ftaghn for you.

Just as well.  They'd probably make you fill the form out in triplicate, 

In his house at R'lyeh, dead Cthulhu waits knitting?  I think a few typos may
have crept into that one.

and that could be  unwise 

No, you're thinking of Hast(%#^

Error: No route to host.



Re: [IP] When police ask your name,

2004-06-25 Thread Major Variola (ret)
At 05:16 AM 6/22/04 +0200, Eugen Leitl wrote:
- Forwarded message from [EMAIL PROTECTED] -
The court's 5-4 decision upholds laws in at least 21 states giving
police
the right to ask people their name and jail those who don't cooperate.

I'm out of it for a few weeks and this is what happens.

How many names can a person have?  Anyone can change
their name any number of times if not for fraudulent
purposes.  My brother changed his middle name from
something normal to Cariboo.  My dad's a lawyer so
the fees were zero.  Can I use Major Variola (ret)
as a nym since I use it?  Must I spell my last (real) name which
is hard to write as its from another language?  Can
I abbreviate?  Can I have a religious exemption
(We do not identify our religion to nonbelievers,
nor do we speak to government officials, in my
faith).  Can I use cyrillic or mandarin to write
it, a temporary bout of elective mutism?

Of course lying to a pig is illegal (but not vice
versa) but lying is subject to interpretation.

My name is yahway, ie I am.  Yours is go away,
ie fuck off.

Go for the head shot, they're wearing body armor.
Suicide by police is a noble cause, if you take one of them
out.








Re: [IP] When police ask your name,

2004-06-25 Thread Eugen Leitl
On Thu, Jun 24, 2004 at 09:45:09PM -0700, Major Variola (ret) wrote:

 How many names can a person have?  Anyone can change
 their name any number of times if not for fraudulent
 purposes.  My brother changed his middle name from

It is precisely for these reasons that changing your name in Germany is a
major undertaking (costs money, too), and is associated with a background
check (clean rap sheet requried). The transcription rules for furriner names
are strict, too. No Phn'glui M'gl wna'f, Cthulhu R'lyeh Wgha Nagl Ftaghn for
you.

Such legislation, of course, is easy to introduce in the U.S. as well.
I'd be really surprised of you US cpunks didn't have a national ID cum
biometrics issued (er, make that rammed down your throat) a few years 
downstream. Unless the general populace wakes up to the fact what's 
been going on since the 1970s. Fat chance.

-- 
Eugen* Leitl a href=http://leitl.org;leitl/a
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ICBM: 48.07078, 11.61144http://www.leitl.org
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[IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Eugen Leitl
- Forwarded message from [EMAIL PROTECTED] -

From: [EMAIL PROTECTED]
Date: Mon, 21 Jun 2004 21:19 -0400
To: [EMAIL PROTECTED]
Subject: [IP] When police ask your name, you must give it,
  Supreme Court says
X-Mailer: SnapperMail 1.9.2.01  by Snapperfish, www.snappermail.com
Reply-To: [EMAIL PROTECTED]


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.. Forwarded Message ...
From: Kurt Albershardt [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Date: Mon, 21 Jun 2004 16:44:00 -0700
Subj: When police ask your name, you must give it, Supreme Court says

By GINA HOLLAND, Associated Press Writer

WASHINGTON - A sharply divided Supreme Court ruled Monday that people who
refuse to give their names to police can be arrested, even if they've done
nothing wrong.


The court previously had said police may briefly detain people they suspect
of wrongdoing, without any proof. But until now, the justices had never held
that during those encounters a person must reveal their identity.

The court's 5-4 decision upholds laws in at least 21 states giving police
the right to ask people their name and jail those who don't cooperate. Law
enforcement officials say identification requests are a routine part of
detective work.

Privacy advocates say the decision gives police too much power. Once
officers have a name, they can use computer databases to learn all kinds of
personal information about the person.

The loser in Monday's decision was Nevada cattle rancher Larry Dudley
Hiibel, who was arrested and convicted of a misdemeanor after he told a
deputy that he didn't have to give out his name or show an ID.

The encounter happened after someone called police to report arguing between
Hiibel and his daughter in a truck parked along a road. An officer asked him
11 times for his identification or his name.

Hiibel repeatedly refused, at one point saying, If you've got something,
take me to jail and I don't want to talk. I've done nothing. I've broken
no laws.

In fighting the arrest, Hiibel became an unlikely constitutional privacy
rights crusader. He wore a cowboy hat, boots and a bolo tie to the court
this year when justices heard arguments in his appeal.

A Nevada cowboy courageously fought for his right to be left alone, but
lost, said his attorney, Harriet Cummings.

The court ruled that forcing someone to give police their name does not
violate their Fourth Amendment protection from unreasonable searches. The
court also said name requests do not violate the Fifth Amendment right
against self-incrimination, except in rare cases.

One's identity is, by definition, unique; yet it is, in another sense, a
universal characteristic. Answering a request to disclose a name is likely
to be so insignificant in the scheme of things as to be incriminating only
in unusual circumstances, Justice Anthony M. Kennedy wrote for the
majority.

A name can provide the key to a broad array of information about the
person, particularly in the hands of a police officer with access to a range
of law enforcement databases, he wrote in a dissent. Justices David H.
Souter, Ruth Bader Ginsburg (news - web sites) and Stephen Breyer (news -
web sites) also disagreed with the ruling.

Crime-fighting and justice groups had argued that a ruling the other way
would have protected terrorists and encouraged people to refuse to cooperate
with police.

The constant danger of renewed terrorist activity places enormous pressure
on law enforcement to identify suspected terrorists before they strike,
said Charles Hobson, an attorney with the Sacramento-based Criminal Justice
Legal Foundation.

But Tim Lynch, an attorney with the libertarian-oriented think tank Cato
Institute, said the court ruled that the government can turn a person's
silence into a criminal offense.

Ordinary Americans will be hopelessly confused about when they can assert
their right to remain silent without being jailed like Mr. Hiibel, said
Lynch, who expects the ruling will lead more cities and states, and possibly
Congress, to consider laws like the one in Nevada.


Justices had been told that at least 20 states have similar laws to the
Nevada statute: Alabama, Arkansas, California, Colorado, Delaware, Florida,
Georgia, Illinois, Kansas, Louisiana, Massachusetts, Montana, Nebraska, New
Hampshire, New Mexico, New York, North Dakota, Rhode Island, Utah, Vermont,
and Wisconsin.

The ruling was a follow up to a 1968 decision that said police may briefly
detain someone on reasonable suspicion of wrongdoing, without the stronger
standard of probable cause, to get more information. Justices said that
during such brief detentions, known as Terry stops after the 1968 ruling,
people must answer questions about their identities.

Marc Rotenberg, head of the Electronic Privacy Information Center, said
America is different 36 years after the Terry decision. In a modern era,
when the police get your identification, they are getting an extraordinary
look at your private life.

The case is Hiibel v. Sixth

Re: [IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Gabriel Rocha
On Jun 21 2004, Steve Schear wrote:
| Not a problem.  Its legal to use any name you wish, including those that 
| use gyphs and sounds which cannot be represented by standard Roman and 
| non-Roman alphabets (as is common in some African tribes).  So, those that 
| wish to avoid this data base nightmare can legally adopt name which does 
| not conform.

Well, in principle this is a nice screw you method. But in practice...
well, if you have to write down your name because the sound doesn't
exist or can't be pronounced, you're that much more singled out eh...
And for those of us who wish to travel, well, passports become difficult
to manage I suspect. I am quite surprised with this ruling actually (I
haven't yet read the specifics) but the first impression of it says that
this does not bode well for opponents of the War on Terrorism (tm) or
for anyone who doesn't like the great big database in the sky...



Re: [IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Steve Schear

WASHINGTON - A sharply divided Supreme Court ruled Monday that people who
refuse to give their names to police can be arrested, even if they've done
nothing wrong.
The court previously had said police may briefly detain people they suspect
of wrongdoing, without any proof. But until now, the justices had never held
that during those encounters a person must reveal their identity.
The court's 5-4 decision upholds laws in at least 21 states giving police
the right to ask people their name and jail those who don't cooperate. Law
enforcement officials say identification requests are a routine part of
detective work.
Not a problem.  Its legal to use any name you wish, including those that 
use gyphs and sounds which cannot be represented by standard Roman and 
non-Roman alphabets (as is common in some African tribes).  So, those that 
wish to avoid this data base nightmare can legally adopt name which does 
not conform.

Steve 



Re: [IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Justin
On 2004-06-22T02:52:15-0400, Gabriel Rocha wrote:
 
   On Jun 21 2004, Steve Schear wrote:
 | Not a problem.  Its legal to use any name you wish, including those that 
 | use gyphs and sounds which cannot be represented by standard Roman and 
 | non-Roman alphabets (as is common in some African tribes).  So, those that 
 | wish to avoid this data base nightmare can legally adopt name which does 
 | not conform.
 
 Well, in principle this is a nice screw you method. But in practice...
 well, if you have to write down your name because the sound doesn't
 exist or can't be pronounced, you're that much more singled out eh...
 And for those of us who wish to travel, well, passports become difficult
 to manage I suspect. I am quite surprised with this ruling actually (I
 haven't yet read the specifics) but the first impression of it says that
 this does not bode well for opponents of the War on Terrorism (tm) or
 for anyone who doesn't like the great big database in the sky...

Yes, we're screwed, but not because of the name requirement.  Soon we will
have to recite our citizenship number whenever a police officer, I mean
pig, is investigating an investigation and asks us to identify
ourselves.  The supreme court will uphold that requirement for the same
reason they just upheld the NV law.  The number itself is not
incriminating, and the State has a substantial interest in knowing who you
are -- you may need medicating, or you may owe the government money, or
you may have violated any number of illegitimate laws and therefore need
reeducating in a federal prison.

-- 
Once you knew, you'd claim her, and I didn't want that.
Not your decision to make.
Yes, but it's the right decision, and I made it for my daughter.
 - Beatrix; Bill  ...Kill Bill Vol. 2



Re: [IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Justin
On 2004-06-21T22:38:01-0700, Steve Schear wrote:
 Not a problem.  Its legal to use any name you wish, including those that 
 use gyphs and sounds which cannot be represented by standard Roman and 
 non-Roman alphabets (as is common in some African tribes).  So, those that 
 wish to avoid this data base nightmare can legally adopt name which does 
 not conform.

Don't citizens have to have an english-alphabet transliteration of their
name to use for legal purposes (birth certificate, green card, social
security record)?

Everyone should change their legal names to Agent Smith.

Is there a list of the other 20 states with stop-and-identify laws?

The DMV differentiates same-name people by SSN, right?  Is it very
far-fetched to imagine that state courts and federal appeals courts will
uphold state laws requiring SSN disclosure for identification purposes?
After all, the Supreme Court didn't rule this way for fun; they ruled this
way because they think that citizen have a duty to reveal their identity
to police.  If a name isn't enough to do so, I would think a SSN would be
required.

Maybe the 9th circuit will be safe from mandatory SSN disclosure during
Terry stops, but I doubt any other circuits will be.  The Supremes can't
want to hear another case of this sort in the near future.  They just
cranked up the temperature; if they crank it up again too soon the frogs
may notice they're about to boil.

-- 
Once you knew, you'd claim her, and I didn't want that.
Not your decision to make.
Yes, but it's the right decision, and I made it for my daughter.
 - Beatrix; Bill  ...Kill Bill Vol. 2



Re: [IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Morlock Elloi
 incriminating, and the State has a substantial interest in knowing who you
 are -- you may need medicating, or you may owe the government money, or

Exactly ... and maybe you are on this consumer list:


http://bmj.bmjjournals.com/cgi/content/full/328/7454/1458

The president's commission found that despite their prevalence, mental
disorders often go undiagnosed and recommended comprehensive mental
health screening for consumers of all ages, including preschool
children. According to the commission, Each year, young children are
expelled from preschools and childcare facilities for severely
disruptive behaviours and emotional disorders. Schools, wrote the
commission, are in a key position to screen the 52 million students
and 6 million adults who work at the schools.

The commission also recommended Linkage [of screening] with treatment
and supports including state-of-the-art treatments using specific
medications for specific conditions. The commission commended the Texas
Medication Algorithm Project (TMAP) as a model medication treatment
plan that illustrates an evidence-based practice that results in better
consumer outcomes.


BTW, looks like designation citizen has been obsoleted by consumer.

=
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Re: [IP] When police ask your name, you must give it, Supreme Court says (fwd from dave@farber.net)

2004-06-22 Thread Roy M. Silvernail
Morlock Elloi wrote:
incriminating, and the State has a substantial interest in knowing who you
are -- you may need medicating, or you may owe the government money, or
   

Exactly ... and maybe you are on this consumer list:
http://bmj.bmjjournals.com/cgi/content/full/328/7454/1458
 

Thanks for ruining my day!  Now I'm going to go home and watch 
Equilibrium again.
--

Roy M. Silvernail is [EMAIL PROTECTED], and you're not
It's just this little chromium switch, here. - TFS
SpamAssassin-procmail-/dev/null-bliss
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