Saturday, April 25, 2009

What is Sovereign Immunity and Cyber Security Act?

An Anodyne Close Reading of legal policy implications in re Masse global cybersurveillance with the most powerful diminuition of 4th Amendment privacy interests on a fortissmo scale. Jewel v. NSA has been not been dismised, and the hearing for appeal with be heard by Chief Justice Walke in 9th District Court. The Cyber Security Act gives immense power under the exclusive authority of the President, and powers mandated to the Depts. of Commerce and Defense. It is being debated in both Houses the proposed Bill. We may be moving toward a a greater cybersurveillance industrial state if one or the other ruling loses and Bill passes, without Federal and Political Ovesight. As a mater of prudence, much has yet to be seen. There are no crystal balls, or tea leaves or I-Ching coins to divine or predict the future!

Saturday, April 11, 2009

Gangster of the Lotus of the Rose

Manchuria 1910, occupied by Japan.
Mr. Kimitake enslaved to work in the coal
mines with more than 4 millions resisters in Korea & China to the Land of the Rising Sun.
In Japan, he sold radishes, until he was falsely accused
robbery by the Police. Innocence.
So many he met like himself in the temporal miserific vision.
No way to survive at all after his incarceration.
Violence, casino, loan sharking, prostitution with the Yakuza.
In the late 60's he became Boss of real estate ventures.
The others engaged in global sexual slavery-he was in league because he was head.
A slave girl from N. Korea became innured to become Madame.
She confesses to a Holy Priest in Pusan. He is committed to the sacramental seals of confession.
Kimitake monitors her, and says he will kill the Priest.
Madame re-sells her self into slavery to Amsterdam to save the life of Priest.
Kimitake wants out of the trade.
He confesses to the Priest. He preaches the Divine Mercy. Thus, the Boss is assassinated by another Oyabun.
It is reported in the news. The Priest becomes a hermit on Diamond Mt. and takes a vow of silence. What is Truth?
The slave girl dies of AIDS, and is buried in potter's field.

Wednesday, April 8, 2009

Hans Jonas, Ethics of Responsibility of Surveillance Modalities

Hans Jonas, one of the seminal thinkers on the ethics of technology, whose philosophy is that of the future cautionary view of the universalized effects of how technology can impair, or destroy humanity by the purely utilitarian grounds of technology which has no limit, other than the functionalist purposes to unharness new powers to control human nature.

He writes: "The univeralization is a thought experiment by the private agent not to test the immanent morality of his action. Indeed, real consequences are not considered at all, and the principle is one not of objective responsibilty, but the subjective quality of self determination."

If we consider the growing mass industrial effects of surveillance and cybersurveillance machinery and its effect on society, politics, criminal justice and the global intelligence community, we must consider how much qua freedom does one exercise through collective agency or personhood, if we are under the watch of a surveilling eye. The crux of matter--- society or the individual has become more observed under the surveilling eye of technological powers that does not manifest in itself in a matter of public accountability or transparency.

On a final note, Jonas writes: "This consumation of [his] power, which may well portend the overpowering of man, this final imposition of nature, call upon the utter resources of ethical thought, which has never been faced with elective alternatives to what considered the definite terms of human condition."

In this regard the theme of "Techne" of Heidegger, Ellul, Jonas and Foucault resonate in a polyphony of a precautionary conondrum and perplexity. We are left to ponder and reflect upon such difficult questions in a dark cave seeking light.

R.S.Y. Kim

Monday, April 6, 2009

Foucault's Neo-Humanism in DISCIPLINE & PUNISH

Michel Foucault was not a professional criminologist, but observed the history of prisons and incarneration (notably-Jeremy Bentham's Panopticon, which was never fully constructed).
The Panopticon prison aims to surveil all its inmates through cells within a radius of a circumference of a circle.

If we look at how police patrol or CCTV on the streets, or residential complexes surveil not just targeted offenders, but the vast population who pass by them, or who under the eye of the police investigations-the dire ambivalence of a surveillance society can either be anticipated with promise to control crime, at its best-or that we no longer have the right to anonymity and privacy in public spaces.

Foucault never prescribes a way out of this vortex of technology of surveillance, which has become gargantuan.

R.S.Y. Kim

Fouauldian Neo-Humanism on DISCIPLINE & PUNISH

Michel Foucault was not professional criminologist. He wrote D&P from an hermeneutic, historiographical epistemologist of Europe, the Western CLassical world, religion and institutions.

Koryeo(Executive) Senior Editor, Robert Turly--Asian Art & Humanities

R.S.Y Kim, Ph.D., Order & Society of SS. Thomas and Bartholomew, who studied Law,_LIT, Math @ NYU; John Jay College of Criminal Justice/CUNY Graduate Center Research Foundation Fellow (Dept.Management, Law, Criminal Justice; CO-Editor-BEN LIU, BROWN U< West/East PSYCH: Senior Math/Stats Editor, Editor. S. VAN BEVERHAUT; Assoc. Communications Ed. Michael Reyes, Hamilton College: Hon. Supreme THEORETICAL MATHEMATICS ED. ALGIRDAS.T. University at LITHUANIA-POLAND;Film Editor-"Voltaire," SUNY-BINGHAMTON U. SR Assoc. Math.Ed. Arsen Yakubov, U of Israel-Princeton U----Advisory Board--Gautam Ramakrishna, MD,(EMERITUS) Executive Secretary, Nada Pues Nada (Mayo Clinic Research Group)- C. Lieberman, PhD, NYPD, Terrorism and Counter-Terrorism, Investigation and Policing Philosophy, John Jay College-University of New Haven(EMERITUS) *AFFIL=DULLES/BENTON/KLEINIG/SCHWARTZ/LEVINE/KIM/WANG PAN AMERICAN-ASIAN INSTITUTE FOR PEACE, WAR, ECONOMICS & JUSTICE-Legal and Political Advisor: Barry Latzer, JD, PhD (EMERITUS); ; ;Nicholas Birns PhD GPBNEW SCH0OL U=Executive V. President, B.Liu. Senior Ed. Glen Slaby--