Technological Legal Philosophy of Electronic Surveillance

The byzantine mazes of judicial decision making in respect to the Electronic Communication Privacy Act (1986)--ECPA--has not been conclusively decided other than controversy of the Wire Tap Act (Title I) and its skewed relation with the Stored Communication Act (Title II) in U.S. v. Councilman. The controversial case, U.S. v. Councilman is not all together clear as to what e-mail transmissions are protected in contradistinction to when it is stored in ISP storage. The technological legal jurisprudence is very much lacking in drawing the line between the Wire Tap Act provisions and Stored Communication Act Provisions. Since there have been no landmark Supreme Court precedent in regard to Electronic Mail Interception, the courts have been left in murky, if not "swamp" lands to provide legal remedies in which there is no 4th Amendment protections for search and seizures, and legal remedies. This is an uncharted, and yet to be seen area of contest between the state, and all who seek a shield for privacy protections. It is coin toss in the technological jurisprudence of computer surveillance.

R.S.Y. Kim

FORENSIC THEOLOGICAL INVESTIGATIONS

“Analytics of a Paralytic Crown: Alarums of Love”

[philosophia cordis]


Jeden Teil des Satzes, der sienen Sinn charakterisiert,
Nenne ich einen Ausdruck (ein Symbol).

Die operation kann verschwinden (z. B. die Verneinung
In “~~p”. ~~p= p).

- --Ludwig Wittgenstein


To
Rev. Fr. K.. Rev. Msgr. P.C.,
Rev. Canon J.K, JIK, ML, AS, R.R.S.


I


Chrysanthemum wine
and pitted pomegranates on table laid
bare--


in Caesar’s colonnade and garden
cracked vessels, water.

Mikhail’s spear.
severed wings
in the desert: Impenetrable
shelter of Octavia in blind
avenues without signs,
that only a perverse
generation wouldst seek.


II


Fig leaves built on stilts—the castle of heaven.
I am no castle lord,

But a diseased supplicant.
No, a penitent of sorts.
To whom I give alms---


Awakened, were you to sip loose tea leaves.
The cypress trees that cover and provide shade
from congenital heat.


A Serial-Sexual Homicide, dysthymic
Mental pulse.

The wheel comes full circle toward none.
Shall not enter my rest.

And for my crime.

Just gods have severed my limbs.

Ac hoc enim est—meum corpum.

Blood spatter, no DNA trace.

Ricard, a loathsome fool of murderous lusts,
Repeated the word of his father-“I-M-I”-

III

Does he now dare to forget
the curse of Adam’s dust.
Down trodden, sterile heath.

Felix Culpa.

Does heaven descend
Now upon the earth,
Of the den of opium
And monstrous visions
and recursive accidents.

Aggrieved and sorrowful;
Await the palm of a slain
and resurrected King for no day
too soon.

The sword of Maccabeus,
& Judith, shavo (a) d
of Davywid,

a throne unbeknownst
only to heart of the cosmopolitan masses,
but on the hillside in remote land—

of harvest of millet, barley and wheat,
the unveiled scabbard of Juan Shellei-Hopkins,
pressed upon his synoptic purple ink,
spraying seed on peeled, parched papyrus sheets.

IV

And the children weep embracing an olive branch;
They who remember with joy,

Sancta Papa Joannes Pablo II wearily made pilgrimage from Krakow,

To the springs and viaduct of the blood of Rome & Iona,
@ Central Park, 1995.

The coliseum, a spectacle, festal Broadway of
forgotten past times.

And the narrow the way, to forestall the razing open pit of destruction,

Whether I can ever surmise the race of Genghis preferred to eat good ole country-style BBQ, or the bellied intestines of whom they conquered, or lick with relish the moist tendon and clavicle of Missionary trespassers?



V


The sacramentalist Oxford script of Nikolai Blake & Edwardian Church of England-transmitted in triadic vagaries of space in Village-Square:
at Spellman Hall, and she said:

Da-mitzvah & the Police.

herein the Bronx, mi probeza,

El Senor Diego!

a fallen spirit cast out, like a chink
of a chain, from thine eyes torn, by hearing
the holy Cardinal Dulles in whispers,
and Fr. K, philosphe, of the laurelled Fiorenza poet,
and Jaspers, unworthy am I to listen to their words
in silence.

gazing at the lofty, terror, trembling off

VI

(the cliff aside Mon Salvatt and Mt. Tae-Baek, pray in spirit,

a holy delirious fool doth pray- have she met him and felt- untidy, foul despicably grotesque, rat-faced beggar, in-deed, as always given in too much talk

in nakedness of conscience and Law unbending the fastening of

the frail incendiary body and flesh given).

Both were first evicted, and then convicted, and made a solemn act of contrition in jail,
While passing a false yearly $10, 000 check, to pay off their debts.

stricken by a whip and cane of discipline,

AND by the ALARUMS of LOVE

with only a dry, hardly feverish kiss, enamored was he by a cheap cheap peck.

none other the gift of peace of the cross ,
of an unrequited dream world of observance.

Security, Stasis As Equilibrium in Surveillance Policy

There are certain conceptual, legal and philosophical difficulties and goals of the relations between privacy, liberty and security. I believe there needs to be a "stasis" (in contrast to balance), an equilibrium in which only if there is clear and present danger that there can be a trade off of privacy for public security. Because governmental surveillance can range from decoding cryptography through concealed viruses, and surveil vast populations--whereby policy, operations can claim claim the cover of state secret privilege--it may be a fatal effect to our privacy protections.

R.S.Y. Kim. I would like to thank Dr. John I. Kleinig (CUNY Graduate Center and Australian National University )for his reading parts of the forthcoming manuscript.

Poems

">

Untitled: Cell & Prison

Where is the sun and the stars which glimmers in the

dark, hollow Corridors of the Cell & in Prison block 69?

Solitary confinement for stabbing an inmate for attempted

Rape. What was the loss of your mentally afflicted Zen practicing

Mother, And your deceased beloved Father. an aggrieved Episcopal Methodist

Pastor who committed suicide.

Only to be deserted into the blind alleys without no family.

A magnate high school pupil in the Bronx living in the ghettoes,

Selling heroin and crack abandoning a foster home.

Here I stand waiting judgment for parole for 7 years in a cell.

A very late DSM VI borderline, bi-polar monitored through

A digital bracelet, the mode of disciple and surveilng.

Dr. Feinstein, his psychiatrist, an Orthodox Jew, had said

Exorcist ritual prayers in silent whispers. The vortex of his Afro-Asiatic

mind meditated on the Heart Sutra of emptiness, and suffering-- yielding

To compassionate healing of the Doctor’s rehabilitative treatment.

Even his love of the crack whore flower was illusory void to which

He was enlightened of mortality and curse of dust.

Liberation and freedom came to alas as a janitor at Penn Station, and

Public works volunteer on the weekends.

Blaine F. Parkson studied Psychology of Religion & Creative Writing at SUNY Purchase College

Eyes as fallen Pearls

for J.M. & R.L.D, J.L.

The jewel of the vanishing twilight

I can never speak of,

Until I rest to rot and spoil.

And wish the very worms

Will have me consumed, the ‘pearls

That were his eyes,’ devour

My poisoned kidney and liver;

disemboweled in frost and snow,

Whereby, that very dagger,

My spleen, severed my tongue,

Which my ancestors said of chin-mook

Of silence that speaks, by never saying

anything at the drop of a dime.

Maidens of youth, were I ever

to love; I can’t ever say that I have-

Or is it a lie told by

the “God haunted,

Cruel Talent of Russ,”

Which has become the truth?

Tell her if you see him, he remains dead

And buried on a fragrant bed of lilies.

The sisters of Mercy and Terror

of Retribution, shall know, wielding

staff and sword, for a remnant of

seven thousand reserved from

the annals of time, vanguard those

who are left dead in tawdry barber

and salon shops--- far corners of

the metropolis, pilfered lots---

the fallen tropical torrential rain,

was shot when she repented

and confessed,

The rackets of the flesh.

The mercenaries of beasts,

sold her pound for pound,

Flesh for flesh, picked their teeth

with a mint deck of laminated

Chosun cards, with the soft

metallic polish of finishing nails.

Circles and Spirals of Light,

The gentle cadence of broken sibilants,

Deferred gutturals, which cry

Out from the hidden fount and portents

of creation of primeval sorrow and glory,

dusk, shadow and tempest.

The ubiquitous dawn, now, let us arise

and go.

O Rider of the raging seas

of lies, perennial doubt, and the

illusory devils, demon gods,

overthrowing my enemies.

You stretched out your shriveled

hand to save my child from drowning

by the salty shores at bay across

the fishing colony.

Sovereign divine you sold yourself

into slavery to set captives free.

One’s eyes, awaken, to hear,

The pupils and retina burnt by

the Sun, no longer burn with the passion

And pride of life, and lust of the eyes,

but fulfilled in the hope

Of the eskaton of the return,

Of divers dominion, times and deadly straits

reported, but the sequence of the

Actual left unsaid.

Kristavara & Ann [a] ya-mariam wanted it that Way,

a resident of the Eastern Isle Prefect

via Diamond Junction.

She remembered the discourse of the pre-eminent

Theologist who scripted: “She Who is,” and

read while drinking chrysanthemum tea, the novelle,

just released translation of Lombroso’s La donna delinquente

by the renowned City historian.

Luxury and the high life of thieves were all too much

a bane; she figured that it was mass bankruptcy or

global robbery?

And the woman was blessed though the breaking of chains.

Would you deceive yourself to be an auditor

of the wise, when your folly and idiocy, has twisted

And breached upon what was never said?

The flame burned in my heart,

which cried out in exhortation and admonition:

[“sancta mea amor crucifixus est”]

Father Juan, tortured and kidnapped,

a night of consecrated purgation;

wherefore, ascending the ladders of suffering,

did not confound darkness with the light,

light from the darkness, thick smoke from fire.

So did I fall prey to the imprisoned conundrums

of hallucinatory and spiritual vertigo, not like Father

John,

She the Mystical Bride to whom

De La Cruz was wed.

---------------------------

at the shrine in Tagaste. . .

the martial mind of calm of the Tatagatha [aside]

history, culture and philosophy.

It is snuffed at the break of day to chase demons away,

Though rekindled within a lamp at nightfall…

Come l’augello, intra l’amate fronde,

posato al nido de’ suoi dolci nati

la notte che le cose ci nasconde,

For the world has become a stone pitted cherry.

-

Dehydrating, and rushed to the hospital, in steed of rails and barbed and quartered

Fenced halls, where I soon owe much more to time, than I shall ever know.

This the wager of Pilgrim’s Regress?

,

ora pro……

R.S.Y. Kim

---

[1] In Sino-Korean characters means “silence.”

[2] The traditional name for ancient Korea.

BULLETIN

The Blog Bulletin aims to focus and discuss the concerns and problems of surveillance in criminal justice, enterprise crime (cyber-security studies, terrorism, CCTV, and correctional programming) policy, technological philosophy (analytic, continental, and global) culture & forensic investigational theology. We look for short article submissions, commentary, and book reviews, which address this subject matter. The forthcoming date of the Bulletin is late 2010.


The approximate length for an article should be no more than 3,750 words, and for book reviews and commentary no more than 875 words (all in 12 point font).

The rule of citations should follow the APA Manual of Style.

Pkease send submissions to roselotos38@optonline.net





The Impact of Surveillance, Technology, Fighting Crime & Terrorism

The impact of surveillance technology has become exponentially evolved from cybersurveillance tools such as Carnivore (now disbanded, once used by the FBI) and Magic Lantern, and NARUS. All surveillance tools have the potential to monitor en masse surveillance target populations to combat crime, transnational global syndicates and terrorism.

The questions of technology, one may ask what are the limits to which such surveillance tools may infringe on civil liberties, whether there is encroaching "Death of Privacy," as David Rosen has said several years back.

But is it a question that that technology (or techne) has become a "Leviathan"--to which no a posteriori necessity can circumvent a surveillance society in monitoring terrorist threats, offender and penal monitoring, and battling transnational organized crime.

Is it what Heidegger predicted that "techne" will lead to encompassing dehumaniziation of political, legal and social machinery, which there is no escape as technology advances to escape from its entangled web of the advance of surveillance technology (since Post WW II)? Or what I conclude that it is a sharp a "double edged" sword, which has an instrumental effect--and not a clearly legitimized totalization or programmatic one of a hyper-alarmist en masse surveillance society, if we read the works of Jacques Ellul, Franz Kafka, George Orwell, Ram Bam, Hans Jonas, Kurt Goedel, Ludwig Wittgenstein, Stanley Jaki, Edmund Burke, Carl Hempel, Imre Lakatos, Paul Feyeraband, Hans Urs Von Balthazar, Karl Barth, Abraham Joshua Heschel, Hilary Putnam, Alan F. Westin, Joel Feinberg, Reinhold Niebhur, Robert Nozick, John Rawls, Michel Foucault, Mary Gibson, David Garland, Jerome Skolnick, John I. Kleinig, Todd Clear, Robert Kelly, Ko Lin Chin, Barry Latzer, and Jurgen Habermas, among others.

R.S.Y. Kim, John Jay College, Law & Police Science Department

A General History of Surveillance in the U.S. in a Nutshell

Surveillance has always been a tool of governance during times of national crisis – whether prompted by threats of war, social unrest, foreign subversion, or rampant crime. The forms taken by such surveillance have followed technological developments in modes of communication and data storage. Postal monitoring occurred during the colonial period, telegraphic monitoring developed during the nineteenth century, telephonic wiretaps and bugging devices were implemented in the twentieth century, and now, more recently, various forms of computer surveillance have been designed and employed. Although these forms of surveillance have been defended in prospect of assuring national security , their use has nevertheless generated an ongoing and increasing public debate as various civil liberties – and, particularly, privacy – have been seemingly compromised.

Significantly, the issue, here now, being addressed is that there was no major official alarm for the violation of privacy until the mid to late 20^th Century until landmark Supreme Court cases legally addressed privacy concerns as a paramount 4^th Amendment issue. It was not after the advancement of modern surveillance technology and violation of police authority that the violation of privacy of unwarranted, and illicit monitoring could come to the forefront of how powerful the capacities to surveil could manifest itself.

R.S.Y. Kim, John Jay College, Law, Police Science & Criminal Justice Administration Dept.

Advisory Board & Editorial Staff

Editorial Advisory Board

Dr. Nicholas Birns, Eugene Lang College and New School
Dr. Barry Latzer (Ex Officio) John Jay College of Criminal Justice and CUNY Graduate Center, Gautama Ramakrishna, M.D. Virginia Commonwealth University, Fellow (Mayo Clinic Research Group), AH-CA.


Co-Founders and Editors--R.S.Y. Kim & Charles Lieberman (post Spring 2009), John Jay College of Criminal Justice/CUNY)






[I pay profound, sincere respect, gratitude and homeage to Steve and Bok Yun Kim, Dr. Barry Latzer, Dr. Roger L. Deakins, Christina Czechowicz, Dr. John A. Maynard, Dr. Nicholas Birns, Dr. Mary Gibson, Dean James P. Levine, Dr. John I. Kleinig, Dr. Robert Kelly, Dr. F. Warren Benton, Dr. Adina Schwartz, Dr. Andrew Golub, Dr. Michael Jacobson, Dr. Todd Clear, the late Dr. C. Wiedemann (R.I.P.), Lucy Tucker, Dr. Stephen Krason, Rev. K. Kowalski, Dr. Adolph Soto, Dr. Henry Feingold, Dr. Richard Gallagher, Dr. Patricia Miller, Dr. Carol Weinstein, Dr. Gautam Ramakrishna for their Mentorship, counsel, assitance; and would like to thank Benjamin Liu, who resides in Princeton, NJ for the launch of the technics of this blog & John T. Choi for his early, youthful Pascalian influence of Cape Elizabeth, Maine.

ALL RIGHTS RESERVED