qr code generator c# library 17: Searching the FBI s Civil Files: Public Safety v Civil Liberty in Software

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17: Searching the FBI s Civil Files: Public Safety v Civil Liberty
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nal history of workers with access to vital areas or safeguards information is a rational method of clearing these workers Similarly, in a case involving a challenge to a New York state regulation requiring fingerprinting of all employees of national stock exchanges, a federal district court found that possession of an individual s fingerprints does not create an atmosphere of general surveillance or indicate that they will be used for inadmissible purposes Fingerprints provide a simple means of identification no more 15 The court observed that as long as the government had a valid justification for the taking of the prints under reasonable circumstances, their use for future identification purposes even in criminal investigations, is not impermissible Thus, it seems unlikely that the federal judiciary would invalidate government searching of the civil files provided there was a rational basis to conduct such searches
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The US government s most powerful law enforcement agency, having a massive, easily searchable fingerprint database potentially corresponding to roughly 15 percent of the nation s law-abiding population, is not without concerns Searchable civil files combined with the already searchable criminal master file would give the US government the ability to conduct fingerprint searches on about 30 percent of the US population Many Americans do not trust the government to protect an individual s privacy As two scholars have noted: [The] history of government programs indicates that privacy rights are violated routinely whenever expediency dictates 16 One such case includes the US government s use of Census Bureau information to identify Japanese-Americans to be relocated to internment camps during World War II Following the attack on Pearl Harbor in 1941, President Franklin Roosevelt issued Executive Order 9066, which authorized military personnel to detain and relocate persons of Japanese ancestry An estimated 120,000 people, many of whom were US citizens, were held without judicial review Within one week (in a precomputer age), the government, using census records, had compiled the names and addresses of all ethnic Japanese living in the United States There exists a Big Brother or Enemy of the State fear that such a database could be used by the state as a tool of oppression This fear is based on the belief that an oppressive state needs strong identification means at its disposal to surveil the lives of its citizens Searchable fingerprint databases are one such
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Thom v New York Stock Exchange, 306 F Supp at 1010 John J Miller and Stephen Moore, A National ID System: Big Brother s Solution to Illegal Immigration, Cato Policy Analysis, September 7, 1995, available at http://wwwcatoorg/ pubs/pas/pa237eshtml
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means the state can use to monitor an individual s actions over a period of time When a person leaves a fingerprint at a certain location, he leaves evidence of his presence there, whether it was a crime scene or the site of a political rally or house of worship Similarly, large fingerprint databases can make anonymity hard to achieve by making it difficult for a person to change or alter his identity, by, for example, assuming a false name Using an alias can be an effective way to engage in criminal or terrorist acts, or to engage in political dissent The Founding Fathers were no strangers to the use of well-chosen noms de plume; James Madison used the alias Publius, in writing his contributions to the Federalist Papers At a broader sociocultural level, many Americans, drawing on the nation s frontier experience, believe that a person should have the ability to start his life anew David H Kaye has said: There is a largely unspoken assumption, deeply rooted in American history and culture, that if we are moved to do so, it is possible for us to leave the past behind and to reinvent ourselves in another place Kaye goes on to explain, This is a romantic, unrealistic prospect today The lives we lead leave a trail in medical records, in credit card records, in school records, in employment files in any records that link to our social security numbers, driver s license numbers and the like 17 Moreover, feelings and assumptions do not always translate into concrete legal rights For example, Harvard Law Professor Alan M Dershowitz has made this point rather starkly: Finally, there is the question of the right to anonymity I don t believe we can afford to recognize such a right in this age of terrorism No such right is hinted at in the Constitution 18 Misuse or abusive use of fingerprint information is also a concern As Simson Garfinkel observed, The more trust we place in an identification technology, the more rewarding fraud becomes And the possibility of intentional fraud can never be eliminated (Garfinkel 2000) Garfinkel and others worry that law enforcement can make identification mistakes as well as commit more nefarious acts such as deliberately modifying or swapping fingerprint files Others worry that fingerprint data may be unreliable and its use may lead to errors for example, the fingerprint of an innocent person falsely matched to a fingerprint left at a crime scene Simon Cole observes that forensic fingerprint analysis has an aura of infallibility surrounding it He explains: The claim that no fingerprint has ever appeared twice was first popularized more than a hundred years ago, and by dint of analogy (with other natural objects like snowflakes), lack of contradiction and relentless repetition, this bit of folk wisdom became deeply enshrined But to Cole, the relevant question isn t whether fingerprints could ever be exactly alike it s whether they are ever similar enough
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David H Kaye, Commentary: Two Fallacies About DNA Data Banks for Law Enforcement, Brooklyn Law Review, 671 (2001) at 193 Alan M Dershowitz, Why Fear National ID Cards New York Times, October 13, 2001
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