The New Un-Miranda Warning by KimB

In the USA the Miranda Warning was a hallmark of civil liberties in the face of the enormous resources of the State. When an ordinary citizen runs into the State, the rules change and everything from then on goes according to the State. It doesn't matter what jurisdiction or country you live in, the State has enormous say-so about what happens, how it happens, when it happens and all the outcomes. The civilian has nearly no say-so in any of it.

The warning and its variations were the outcome of a landmark US Supreme Court decision Miranda v. Arizona in 1966. The ruling established that a civilian coming into conflict with the State had a right to a lawyer and to consult with the lawyer prior to answering any questions and had the right to not answer any questions at all.

It was a reminder that the Constitution of the USA protects everyone, no matter who they are or what they were accused of. That a citizen's freedom could not be taken away without recourse and without “due process”. It was a reminder that at any time, for any reason, a civilian could invoke their Constitutional rights and remain silent. It recognized the influences of western history and ethics that interferes with common sense leading us confess all in the face of State pressure, even when we did nothing wrong; a situation that is a more common than many think it is.

Not everyone seems to understand: you don't have to say anything at all.

The basic format of a Miranda Warning has the following items, there are variations and additions but these are the basic items covered:

• You have the right to remain silent when questioned.
• Anything you say or do may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.
• If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
• Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Unfortunately, we are “not in Kansas anymore” and the Miranda warning, while it still may be issued, has long since been eviscerated by the actions and activities of the US Government when they allowed “terror-terror-terror” to override common sense and the Constitution.

Tora! Tora! Tora!: The Japanese code-words used to indicate that complete surprise attack had been achieved, has certainly been completed by the US Government and all the security services within their aegis, nationally and internationally and the attack is fast flowing into regional and local police forces.

Local police agencies now have access to military grade weapons, armored vehicles with .50 caliber machine guns mounted on them, water cannons, sonic weapons, drones that can shoot live rounds, tear gas and pepper spray at will and a lot more.

Precisely at whom do local police think they need to point a .50 caliber machine gun? It seems the Indiana police already know where it's going to point:

Indianapolis suburb officers said they needed a mine-resistant vehicle to protect against a possible attack by veterans returning from war.

Sgt. Dan Downing Morgan County Sheriff’s Department Martinsville, Indiana

But not one of these actions includes any Miranda Warning at all. The police and surveillance agencies get to act however they want, when they want and collect whatever they want and the hallmark of civil liberties, the Miranda Warning, gets left behind like a lot of other “rights”.

“Rights” that are now nothing more than “Privileges” as George Carlin clearly explained in messages cloaked with humor but his prophetic words and their meanings becomes clearer every day.

Rights cannot be revoked - ever, but privileges can be revoked at will, especially if you are the State. When the Miranda Warning was lost in the shuffle to provide the surveillance agencies with all the powers of the State against the civilians under their “protection”, the fragile idea of “rights” failed to “protect” the civilians from their own “protectors”.

The State with their enormous powers has declared their many retractions of “civilian rights” as “legal”, especially actions that were “not legal” before are now “legal”. The State with the assistance of the surveillance communities world wide, hide their activities and actions behind this word: “legal”. But their “legal” has the same status as our “rights”; it can change in a heart beat and if anything, they are aware how quickly their “legal” can be “undone”. The very actions they currently engage in as “legal” can be made “illegal” once again. It is this what they fear the most, that their “legal” will be “revoked”.

The 24x7x365 data harvest of the private lives of everyone on the planet is done without any warnings at all. There is no “due process”, there is no “right to remain silent”, there is no “right to legal counsel”, there is no “right to face your accusers” and no “right to hear all the evidence against you”. You have no right to restrict what information is held about you and you have no way to “prove” that any of the information presented is even true. All the rights are gone and there are no privileges left in their place.

One of the least reviewed issues about all this data harvesting is the concept of “chain of custody”. Previously, evidence presented in a court could be corroborated by trustworthy sources and was protected from manipulation and tampering but in the electronic age, all the evidence is based on x101010101010 and the evidence is held by the State or directly under State mandated supervision.

Anyone who has ever interacted with computers, electronic media, email, smartphone apps knows how quickly information can be altered, changed, edited and photo-shopped. Even toddlers can change information and photo-shop selfies and email them to their buddy-list friends automatically. If you have ever done any programming you know you can alter files, change information, and rearrange data at will. We use software products to do this for the most part but on the deeper end of the pool, it can be done right at the x101010101010.

Rest assured, it's being done right now. The flow of electronic data can be changed intentionally by the creator but also by malware/bot-nets and the security services world wide. Anyone who has access to this information stream can change it too.

It's not secure, it's not securable and it's 100% open to tampering by just about anyone who really wants to.

There is no longer any way to “prove” or “disprove” any accusations leveled at any civilian. When a civilian encounters the State, there are the standard “character assassination” comments that appear in the media with mis-information provided by unquestioned sources. The sock-puppets and social network “emotional contagion” forces hit the chat rooms, reddit and Facebook; they flood news media outlets to sway public opinion in advance of any reasoned debate or legal protections for the person involved.

This however, is not exactly the same as altering a date and time of a phone call, or changing a geo-location tag or altering the text in a chat-log. The only sources of these items are in the sole custody of the State Apparatus. The chain of custody is one way, and cannot be proven to be “pristine” or “unaltered”. In fact, most of it is altered and manipulated which is precisely why the entire data set is forbidden to be presented under “legal constraints and restrictions” demanded by the State.

In other words: the data is hacked.

When the data is hacked enough, the State declares victory and the civilian is helpless against the enormous resources the State brings to bear.

The new un-Miranda Warning is as follows:

• You have no right to remain silent.
• Anything you have ever said or done will be used against you.
• You have the no right to consult an attorney,
• If we allow you an attorney it will be a government attorney who will not represent you but represent the State's interests in you.
• You have no right to know why you are being questioned.
• You are required to answer all questions without limits.
• You have no right to stop answering.
• You may only talk to an attorney if the State agrees. We will not agree.
• You have no right to see any evidence or to question the evidence supplied.
• Any part of your life, time-line and activity will be used against you in a court of law and in the public media without limitation including selected alterations, omissions and rearrangements as needed by the State.
• You have no rights. Do you understand?