by k_semler » Fri 03 Dec 2004, 11:59:40
$this->bbcode_second_pass_quote('Anonymous', 'T')hat is a total non sequitur. Please explain to me how a chip bearing a number is a constitutional violation, any more than having a passport number or a social security number or an IRS number or a driver's license number or a number as a member of the armed forces or any other ID number or a bank account number or a credit card number? The only difference is that you won't have to remember it!
The ninth ammendment of the United States Constitution states that the text of the various rights contained within the Constitution shall not be used to deny other rights retained by the people. The right to be anonymous is not expressly granted by the consitution beyond the text of the fourth ammendment, but it is a right that has always been enjoyed by persons within this nation if they so desire. Implanting RFID tags would effectively violate the unspoken right of privacy, and hence would be in violation of the ninth ammendment.
The tenth ammendment to the United States Constitution stipulates that those powers not granted to the federal government by the Constitution, and are not prohibited by it to the states, belong to the states respectively,
or to the people. Translated, this means that if the constitution does not grant the federal government a specific power, and it is not restricted for the states to do so, then that power is granted to the states, or to the people. The federal government has no legitimate right to require any mandantory means of identification beyond what is required to execute a proper census.
The fourteenth ammendment to the United States Consitution states that all persons born or naturalized into the United States who are subject to its jurisdiction, are citizens of the United States, and the state of which they reside. States are prohibited from passing or enforcing laws which infringe on the privileges of United States citizens. The states are also prohibited from depriving any person of life, liberty, or property without the due process of law. States are also prohibited from denying any person subject to its jurisdiction equal protection under the law. The right to be anonymous is enjoyed by many persons throughout every state in the nation, and to infringe upon that right of a certain population basis would be unconstitutional. Even if that person enjoying the right were one singular person, oppression of the rest of the population's right to privacy would be unconstitutional.
The difference between implanting RFID tags in humans for purposes of identification and current forms of identification is that all identification currently required your active involvement, and you are aware when you are being asked to identify yourself. When a person asks you for identification, you must actively voluntarily provide assistance, and you always have the option of refusing. If mandantory RFID of human beings is implemented, we will have no idea when we are being asked for identification. The fourth ammendment text,
The right of the people to be secure in their persons...shall not be violated is very applicable to mandantory RFID tagging on humans. If a government is able to identify me at will without my active involvement or knowledge, the ability to track you in real-time is then possible, and you would have no knowledge of it when it were to occur. This would be the true commencement of
1984.
$this->bbcode_second_pass_quote('Anonymous', 'A')ll the chip number will do is to allow those authorized to do so to find your file in a data base relevant to their duties, just the same as if you give the same person the appropriate number orally or in writing. Nothing more nor nothing less.
Yes, there is a very large difference. The way identification operates currently requires my active participation in the process, and my knowledge of the process. RFID queuing requires no involvement on my part, nor would I be aware that I am being identified.
$this->bbcode_second_pass_quote('Anonymous', 'I')t increases security a hundred-fold in many ways, while reducing lines at such places as airports, because you would simply walk past a reader, a computer would either open a gate or keep it closed, according to whether your number is white listed or blacklisted in immigration's data base. Much more reliable than a bloke trying to match your face to a photo and no need for the controversial biometrics.