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Waiving Our Rights
The Personal Data Collection Complex and Its Threat to Privacy and Civil Liberties
Authors:
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2012
Summary
The United States is not a police state, but Congress is subject to special interests lobbying in pursuit of abusive commercial practices that leave a lot to be desired for transparency and accountability. It is illegal to data-mine personal files held by government agencies, schools and universities, or medical facilities. It is illegal to collect and publish defamatory gossip and hearsay about private citizens. But it is legal to oblige Americans to “waive” their rights to privacy and their right to sue for invasion of privacy for defamation by anonymous third-parties in order to receive essential services or apply for employment.
Americans are obliged to “waive” their rights in essentially all applications for employment, credit, housing, public utilities, telephone or mobile phone service, internet access, and even cable TV connection. The law requires “notice and consent” whenever such waivers are included in employment applications, but consumer reporting agencies have learned to use deceptive methods to avoid drawing the attention of applicants to the meaning and consequence of such language. Recent law dispenses with “notice and consent” for private-eye quasi-criminal investigations of “suspected misconduct” by an employee altogether. In effect, this bypasses "probable cause," "innocent until proven guilty," the "right to know the nature of an accusation," the "right to confront witnesses," the "rule against double jeopardy," and the "right to sue for defamation, and/or interference with employment." Orlan Lee questions the validity of any such "waivers," and seeks to alert Americans to the need to protect their fundamental rights.
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Bibliographic data
Copyright year
2012
ISBN-Print
978-0-7425-5816-8
ISBN-Online
978-0-7391-7262-9
Publisher
Lexington, Lanham
Language
English
Pages
268
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Preface: Crisis in the Personal Data Collection Complex No access
Acknowledgments No access
Chapter 1: What Ever Became of the Fourth, Fifth, and Sixth Amendments? No access Pages 1 - 56
Chapter 2: From: “Collecting and Transmitting Credit Information,” To: Assessing “Attitude, Motivation, and Behavior” No access Pages 57 - 109
Chapter 3: Arbitrary and Capricious Standards Will Be Used Arbitrarily and Capriciously No access Pages 111 - 147
Chapter 4: Validity of “Voluntary Waiver” of Basic Rights, in Employment and Financial Transactions No access Pages 149 - 190
Chapter 5: Making a Mockery of “Liberty of Contract” No access Pages 191 - 206
Chapter 6: Can Congress Authorize a Secret Proprietary Masterfile on Every American? No access Pages 207 - 229
Afterword: The New Frontier of Civil Liberties: Mandatory “Voluntary Waivers” of Civil and Constitutional Rights No access Pages 231 - 245
Appendix A: A Liberal American University Goes Over to Lifetime Surveillance No access Pages 248 - 248
Appendix B: InfoLink’s List of Federal/State/Court/Credit Bureau Files Searches with Their Descriptions No access Pages 249 - 251
Appendix C: Consent to Ongoing Surveillance by Mobile Phone Operators, Public Utilities Companies, TV Cable Companies, Internet Service Providers No access Pages 253 - 257
