The Government abuses its privileges given them by the passage of the DMCA (Digital Millennium Copyright Act).  The DMCA is not fulfilling its original purpose, as was passed in 1998.  “[The DMCA] is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title” (RealNetworks vs.). The DMCA is a ridiculous law because this law makes it illegal to design a screwdriver to open something. Even if the screw you are trying to unscrew is just as easily opened with your fingers. The DMCA is restricting creativity. Mr. Thierer and Mr. Crews depict this in their book Copy Fights.

“No person shall circumvent a technological measure that effectively controls access to a work protected”.

Under the title: Section 1201 Copyright Act terms bar unauthorized decryption of content creation of technological tools to violate copyright is actually the crime. The DMCA has a clause that prohibits cracking of device encryption. While avoiding copyright laws is against the law, this clause prohibits the creation of technological tools which assist in the violation of this law. This prevents professional researchers from legally determining the safety of a product because they can’t legally break open the product. This clause only hinders the law abiding citizen (147). This clause makes it difficult to understand whether one could back up a personally owned DVD video to one’s hard drive for safe keeping. Because the law is so vague, it has been under question since its introduction.

PC Magazine is a large technology magazine that defines the law as an infringement of freedom. The Digital Millennium Copyright Act is a U.S. law enacted in late 1998 that provides penalties for developing hardware or software that overrides copy protection schemes for digital media. The DMCA is considered a very controversial law by many who see it as an infringement to freedom (PC Mag). Even a common technology encyclopedia defines this law as restrictive of people’s freedoms. Because of the vagueness Real Networks resorted to the court system. Real Networks sued  DVD CCA in order to receive “a declaratory judgment that Real Networks has neither breached its license agreement with DVD CCA nor violated the Digital Millennium Copyright Act, 17 United States Code sections 1201 et seq. (‘DMCA’) by manufacturing and distributing its ‘RealDVD’ product” (Real Networks). This court case is an example of the vagueness of the DMCA. Real networks were trying to take the legal route in order to convert a DVD to its virtual counterpart. They were then counter sued and finally after more than a year of negotiations, they have now pulled Real DVD from their product line.

The Government abuses its privileges by their intrusion into personal and business email. The National Security Agency has recently been inspected for their surveillance program which intercepts private telephone and email messages of citizens.  James Risen and Eric Lichtblau from the New York Times also see this act of the NSA as unconstitutional. Their monitoring of emails specifically has caused a land- slide of legal issues.  Congressional committees have been analyzing the NSA when it was revealed that their intercepts of private American communications exceeded constitutional boundaries. As a result of the reports, Congress is troubled by the NSA’s negligent character and their intrusive attitude.  It has been reported that the NSA examined copious amounts of American’s personal and business email unwarranted (RISEN). The NSA has always been perceived as an organization that is intrusive. Even government officials find it hard to understand its legal involvement in security. Representative Rush Holt, Democrat of New Jersey, and chairman of the House Select Intelligence Oversight Panel, has been involved in the NSA investigation and is disturbed by the Justice Department and national security officials’ explanation that the NSA’s actions are inadvertent.  He believes they are so blatant that they can’t possibly be accidental.  Mr. Holt also explains that the technicalities involved are so significant that lawmakers can’t possibly understand what the agency is actually involved in… The many incidents of the NSA’s intrusion cannot be accidental. Steve Chapman from the Chicago Tribune states how the NSA is not upholding the fourth amendment. The court did nothing until 1967 to correct the misinterpretation of the constitution.  “It ruled that ‘the Fourth Amendment protects people, not places,’ including those things a person ‘seeks to preserve as private, even in an area accessible to the public’”(Chapman 2). Chapman explains that privacy is not limited to Private Places, but is extended to privacy when one is in public. Because the NSA is allowed to intrude into the lives of individuals it lowers the standard for local government officials and their investigations. One of the tools they use is an unwarranted mobile phone tracking data. The Government abuses its privileges by their collection of private mobile tracking data. As reported in The Chicago Tribune by Mr. Chapman anyone with a cell phone can be tracked.

Today most of us carry an item with us that track our every movement whether we like it or not. Our cell phones provide information for the federal government that they use usually without a warrant. They can access current data as well as past information including information about the people who we have called or who have called us. Because this information is so accessible there are organizations asking Congress to require law enforcements to obtain search warrants before being allowed cell phone data. Since there will never be enough law enforcement to carry out the momentous amount of monitoring the police utilize the convenience of cell phones to conduct endless surveillance that is both vast and intimate (Chapman 1).  If you watch show like NCIS you will probably see the one of the agents use someone’s cell phone to track where they are. They really can (at least in a technological standpoint) do that. How is this legal you may ask?  On Leo Laporte’s TWiT network one of their podcasts, TWiL, is on tech Law. In a discussion they had on February 16, 2010, they discuss how this is achieved. The government determines your phone number. Then they ask the service provider to provide the data containing what will be information telling them where one lives, works, plays, and drives.  Under the stored communications act, the government took the quick route to receiving said data (Howell). They have many ways to retrieve this information.  One of the ways to do this is though one’s cell phone.  Near the end of ’07, the government applied for permission to seek location data from one’s phone, “without showing probable cause that tracking the individual would turn up evidence of a crime”. This request was rejected by a magistrate judge in late ’08. Recently the government is appealing the dictions. “According to Newsweek, the hearing will represent the first time a federal appellate court has heard arguments on the legality of the data-collecting methods (Jones). The government has more frequently started to step over the lines of one’s right to privacy. In his article, Steve Chapman argues his point that sums up this issue quite well.  “Privacy protections can become meaningless if we don’t adapt them to new inventions” (Chapman).

As mentioned earlier the result of Hitler’s power to intrude into the lives of private citizens was the death of six million Jews. Because Hitler brought fear to the individual, no one would question his power. Today people do not realize that our government is taking authority that it should not take. Lives of private individuals should not be monitored by the federal government. In order to maintain our freedom, we should enforce the limiting power of the federal government. By the collection of private mobile tracking data and the intrusion into personal and business Email and through the passage of the DMCA, the government has abused its privileges.

Works Cited

Chapman, Steve. “Big Brother in Your Cell.” Chicago Tribune. 31 Mar. 2010. Web. 21 Apr. 2010. <http://articles.chicagotribune.com/2010-03-31/news/ct-oped-0401-chapman-20100331_1_search-warrant-big-brother-service-providers>.

“DMCA.” PC Mag Encyclopedia. New York: Ziff Davis Holdings Inc. Web. 21 Apr. 2010. <http://www.pcmag.com/encyclopedia_term/0,2542,t=DMCA&i=41604,00.asp>.

Howell, Denise, Ernie Svenson, David O’Brien, and Ben Snitkoff. “TWiL 47: Felix Unger Wisdom.” Audio blog post. TWiL 47: Felix Unger Wisdom. Ed. Leo Leporte. TWiT LLC., 16 Feb. 2010. Web. 17 Feb. 2010. <Http://twit.tv/twil47>.

Jones, Ashby. “On the FBI, the Fourth Amendment and Your Cell Phone.” The Wall Street Journal Law Blog. 11 Feb. 2010. Web. 2 May 2010. <http://blogs.wsj.com/law/2010/02/11/on-the-fbi-the-fourth-amendment-and-your-cell-phone/>.

RealNetworks vs. DVD Copy Control Association. U.S. District Court for the Northern District of California. 11 Aug. 2010. Print.

Risen, James, and Eric Lichtblau. “E-Mail Surveillance Renews Concerns in Congress.” The New York Times 16 June 2009. The New York Times. 16 June 2009. Web. 21 Apr. 2010. <http://www.nytimes.com/2009/06/17/us/17nsa.html>.

_____

Matthew J. Rider

Celeste Ehm

English I

15 May 2007

The Eagle Scout President

The Admirable Accomplishments of a Young Gerald R. Ford

A person of character is one whose life is exemplified by moral excellence. It is not easy to live such a life in today’s times. Character is something that is not attained by accident. It involves seeking mentors, training, establishing, and achieving goals. Ford utilized many opportunities as a youth that would later enable him to serve his country. Gerald R. Ford was a man of character who became the President that he was because of his father’s mentoring, his involvement in and support of Boy Scouts, and his successful football career.

Gerald R. Ford was born on July 14, 1913, in Omaha, Nebraska. When he was five months old, his parents divorced. His mother, fleeing from her abusive husband, moved to Grand Rapids, Michigan (Cochran, 1). After a few months she married Gerald Rudolff Ford, a Grand Rapids businessman (Cochran, 7). Dorothy Ford was a full-time mother who said that she would not have it any other way (Laackman, 7). It might seem like a huge coincidence that Gerald R. Ford’s stepfather has the same name as his stepson, but it is not. Jerry’s original name was Leslie Lynch King, Jr. after his birth father (Shellenbarger, 2). Although his name was not legally changed until 1935, he was called Jerry by his family and friends (Cochran, 7). Gerald R. Ford, Sr. was a salesman in a family-owned paint and varnish company. He later became president (Gerald Ford, Wikipedia Foundation). Jerry’s dad was probably the most influential person in his life. Ford, Sr. made a point to involve his four sons in the family’s business; this taught them many business skills (Laackman, 8). Jerry was the eldest of the boys. When asked what Jerry meant to him, his youngest brother, Richard Ford, said, “He was the best older brother you could ever have. He set the standard for myself and Tom and Jim.” (Shellenbarger, 2). After a statement like that, you may think that Jerry was almost an angel, but unbelievably, when he was younger, he had a very intense temper. His mother and father were strict disciplinarians. When Jerry was about to explode, his mother, as part of her training, would have him recite the poem “If” which states: “If you can keep your head when all about you are losing theirs and blaming it on you…you’ll be a man, my son!” (Shellenbarger, 2) His parents also required honesty. Ford, Sr.’s attitude was, “This is the way it is going to be.” Richard Ford remembered this about his parent’s policy- “You could never get in trouble in the Ford household if you told the truth!” (Shellenbarger, 2) Gerald Ford, Sr. instilled many positive qualities in his son Jerry’s life, but on Jerry’s twelfth birthday, another character building opportunity entered his life.

Jerry joined Boy Scouts of America in 1925. He joined Troop 15, chartered by Trinity Methodist Church in Grand Rapids (Cochran, 1). His Scoutmaster, Chuck Kindel, said “I could tell right off that Jerry would become an important person…He was a born leader” (Laackman, 24). He was even criticized by his friends that he was too much of a Boy Scout (Laackman, 30). Nevertheless, the criticism did not affect his motivation toward reaching higher. As Jerry achieved the different ranks in the Boy Scouting program, his dad faithfully motivated him to continue (Shellenbarger, 4). In November 1927, at the age of fourteen he attained the rank of Eagle Scout, the highest rank that a Boy Scout can achieve (Cochran, 1). Since Jerry started Boy Scouts at the age of twelve, attaining this rank at the age that he did, was incredible. The Eagle Rank is awarded to boys who have completed the required merit badges and an Eagle project.  Because of Jerry’s example, two of his three brothers also attained the rank of Eagle (Laackman, 29). Jerry’s involvement in scouting did not stop when he graduated from high school. He continued to support scouting for the rest of his life. This was recognized when Jerry was presented the Distinguished Eagle Award on May 12, 1970 (Laackman, 29). In a biography that was published by what is now the Gerald R. Ford Council, titled Gerald R. Ford’s Scouting Years, he said in recognition of his involvement in Scouting:

As you know, I have been associated with scouting all my life. First as a scout; later, as an enthusiastic supporter of BSA. It is an association that has provided me with a great deal of satisfaction. As a youngster, Scouting taught me the importance of sharing and teamwork…yet the ability to act independently. Through Scouting I became more confident and self sufficient. And upon becoming an Eagle Scout I became well aware of the marvelous sense and satisfaction of achievement, above all, Scouting helped me become aware of my obligations to society and nature. (Laackman, 1)

As a youngster, Jerry was very active not only in BSA, but athletically as well. He played football and other sports through high school. His football career really started when he attended the University of Michigan from 1931-1935 (Cochran, 1). He did not have much playing time until his junior year (Laackman, 11). After a successful year in 1934, the Most Valuable Player Award was awarded to Jerry. As a senior, the Delta Kappa Epsilon Fraternity gave him the honor of joining the fraternity. Later that year he graduated with a Bachelor of Arts in Economics (Cochran, 1). Jerry accepted his first job at Yale University coaching the football and boxing teams. His method of coaching was “Punt, Pass, and Prayer,” which meant that if punting did not work, try passing, and lastly they would pray. While he was coaching at Yale, the Detroit Lions offered him a $2,400 contract to play for them. He turned it down because he was pursuing acceptance  into Yale Law School (Shellenbarger, 3). During the summer of 1938, Jerry attended law classes at the University of North Carolina, because he could not get into Yale. Finally, in February of 1938, after much determination he was accepted into Yale Law School. Much to the surprise of the professors, Jerry graduated third highest in his class (Cochran, 1).

For a brief time Jerry practiced law in Grand Rapids and then he chose to enter the political field. After thirteen successful terms as a Michigan Representative, Gerald R. Ford was appointed by President Nixon to take the place of former Vice-President Spiro Agnew. Shortly thereafter, President Nixon resigned from office. Gerald R. Ford became the first person that did not need to run for the offices of Vice-President or President. Former President Jimmy Carter, who became very close friends with Ford, said, “He didn’t seek the office. And yet…he was not frightened of the task before him.” (Carter, 1). Mr. Ford would not have been the President that he was without his involvement in Scouting and athletics (Shellenbarger, 3). He readily acknowledges the impact that Scouting had on his life.

My early years as a Boy Scout were invaluable in helping to shape the course of my later life. Throughout my public service and extensive travels around our country, I have seen firsthand evidence of the immeasurable worth of the basic values taught by scouting programs…
(Laackman, 56).

He goes on to explain that the Scout Oath provides a solid base on which a Scout can build both individual and national strength. The Scout Oath states:

“On my honor, I will do my best, to do my duties, to God and my country, to obey the scout law, to help other people at all times, to keep myself physically strong, mentally awake, and morally straight.”

The Scout Oath holds high standards for Boy Scouts. Scouts need to take great care not to bring dishonor to the Scouting name thus dishonoring themselves. Mr. Ford knew this well. Later on in his quote, he states that the three most important principles upon which Scouting is based on include self-discipline, teamwork, and moral and patriotic values. With this in mind, it is easy to understand why he was able to have such a strong relationship with his constituents. Ford finishes his statement by saying; “By working for these principles, those who belong to and support the Boy Scouts of America add greatly to the vitality of our society and to the future well-being of its people.” (Laackman, 56).

Gerald R. Ford had an important place in God’s plan for our country. When he was young, Gerald learned values that, later, were used by God in bringing healing to those whose hearts could not forgive. His gentle but firm spirit was evident as he led our nation as President through a difficult time. Mr. Ford has been an inspiration to numerous young men and women throughout the nation to pursue the qualities that he exhibited. Because of numerous activities in his youth, specifically BSA and football, and his father’s involvement with him, Gerald R. Ford became a man of desirable character and qualities.

Works Cited

Carter, Jimmy. Eulogy for President Ford. <http://www.ford.utexas.edu/grf/funeral/carter.asp>.

Cochran, J. “President Ford’s Life and Career.” <http://www.ford.utexas.edu/grf/timeline.pdf> 27 July, 2006.

“Gerald Ford.” Wikipedia, the Free Encyclopedia 3 Apr 2007, 18:56 UTC. Wikipedia Foundation, Inc. 4 Apr 2007. <http://en.wikipedia.org/w/
 index.php?title=gerald_ford&oldid=120037381>.

Laackman, Blair H. Gerald R. Ford’s Scouting Years. Grand Rapids, MI: West Michigan  Shores Council, 1982.

Shellenbarger, Pat. “Groundwork for Success was laid in Early Years.” The Grand Rapids Press 27 Dec. 2006, 2+.

When asked what the first sentence of the constitution is, without looking, only one person correctly replied. I can only assume fewer if I asked for the first sentence after the preamble. Only three people correctly stated that the people are the supreme body in our government. In general people don’t have a good understanding of the constitution.

Next I asked if a collection of ideas that the founding fathers believed in, still hold true today. The mainstream belief is that we are moving away from the founder’s original intent. Additionally some were of the opinion that current beliefs concerning separation of church and state are conflicting with founders’ intentions.

In a letter to Edward Carrington, Thomas Jefferson said

“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves.”

This does not mean the Great America experiment has failed, but we as a people we need to educate ourselves, and reclaim the principles we held as a newly formed Nation.