The Brookings Institution is a nonprofit organization based in Washington, D.C. Our mission is to conduct in-depth, nonpartisan research to improve policy and governance at local, national, and global levels. Although precise motivations for hating the government varied, this general attitude of anticipating and even yearning for a violent confrontation was common in millenarian members I encountered. WASHINGTON, September 22, 2020 In anticipation of possible unlawful militias intimidating voters at the polls, Georgetown Law's Institute for Constitutional Advocacy and Protection (ICAP) has released fact sheets on unlawful militias for all 50 states. Private Militias legal definition of Private Militias Continue reading with a Scientific American subscription. Private sector apps, such as Neighbors (an Amazon subsidiary, and integrated with Amazons Ring video doorbell), NextDoor, and Citizen allow people to livestream, watch, and exchange opinions about potential crimes with other users in real-time, generating concerns over unconscious bias and privacy.33 Surveillance cameras are becoming increasingly prevalent within private homes, restaurants, entertainment venues, and stores; hundreds of millions are estimated to operate smart security devices worldwide, some of whichsuch as Google Nests Doorbell and the Arlo Essential Wired Video Doorbellinclude built-in facial recognition capabilities.34 Simultaneously, Amazons Ring has partnered with almost 2,000 local law enforcement agencies to facilitate a process for officers to ask Ring users to voluntarily turn over their video recordings without the explicit use of a warrant.35. Examining Extremism: The Militia Movement - CSIS U.S. Code: 10 U.S.C. What Are Militias and Are They Legal? - WSJ - The Wall Street Journal 1280, 117th Congress (2021-2022). declared their intention to become citizens of the United States," between the ages of eighteen and forty-five. (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. Last summer I conducted a survey asking members what they thought about protests related to COVID social restrictions and George Floyds murder in Minnesota. Rashawn Ray, Policy Steps for Racially-Equitable Policing, Testimony before the Virginia Advisory Committee to the U.S. Commission on Civil Rights, July 16, 2021. Law enforcement must remain watchful for signs of radicalization in the movement, but as uncomfortable as it is, we as a society also must recognize that militias violent potential is not limited to these groups. However, the Supreme Court rejected an argument that martial law was in place during the Civil War (Ex Parte Milligan, 1 U.S. 2) (4. The U.S. government has long acknowledged that surveillance cannot be unlimited. Military law functions as a system of government for military members. The Constitution grants to Congress the power to raise and support armies and a navy, to suppress insurrections, and repel invasion among other military-related governmental roles. Cathy Cosgrove and Sarah Rippy, Comparison of Comprehensive Data Privacy Laws in Virginia, California and Colorado, International Association of Privacy Professionals, July 2021. 2388. Constitutionalist groups, Churchill says, believe it is their personal responsibility to uphold an originalist interpretation of the Constitution focused on a heavily limited government. There are very few positive ways to look on the most recent developments. All persons serving in the Armed Forces of the United States are subject to military law at all times. Yevgeny Prigozhin: Wagner insurrection plunges Russia into - CNN Kevin Rector and Alison Knezevich, Marylands Use of Facial Recognition Software Questioned by Researchers, Civil Liberties Advocates, The Baltimore Sun, October 18, 2016. The day was not observed in South Dakota until 2020, when the governor proclaimed it a state holiday. Sociologist and militia expert Amy Cooter analyzed these connections in this recentScientific Americanarticle. Thus, the UCMJ is indeed federal law and is located in Title 10 United States Code Chapter 47, and is employed by the Manual for Courts-Martial, which is an executive order from the President of the United States acting as the Commander-in-Chief of the United States Armed Forces. Churchill says it seems the millenarian wing has come to the fore. Even though the exact millenarian percentage in the movement is difficult to judge, his observation resonates with what I have seen. A member of an Indiana unit advocated on his social media posts for loyal Americans to work together to take back a civil rights protest zone in Seattle that had declared autonomy from the city. Some units even made regular but unsuccessful attempts to recruit nonwhite members and included messages on their Web sites intended to convey inclusivity. For example, one millenarian member told me that his reason for militia membership was revenge. He was a Desert Storm veteran who believed that the war in Iraq had been conducted under false pretenses and that the U.S. government had experimented on him and his fellow soldiers. That is why privacy protections are more important than ever for all Americansand they are especially so for the communities of color that may suffer the greatest consequences from their absence. Activities supported by its donors reflect this commitment. Brookings researcher Rashawn Ray has also supported training opportunities for state and local law enforcement as part of a holistic approach to increase accountability around racial profiling. He told me, Look, as a people, we really need to get back to our roots, and we need to be a little better armed, and we need to understand that, you know, thats how you secure your society and thats how you keep it free is by having armed citizens. He went on to say he was really inspired by the courage of militia founders. We Need to Stop Calling Armed Rightwing Groups 'Militias' | Time To reduce the potential for emerging technologies to replicate historical biases in law enforcement, we summarize recent proposals that address racial bias and unequal applications of technology in the public sector. Joseph Cox, Tech Firm Offers Cops Facial Recognition to ID Homeless People, Vice, February 8, 2022. They are separate entities, but their roots grow in the same soil. But Congress needs to go further than general privacy provisions and embody additional measures to address facial recognition and biometric information, given their outsized potential to result in disparate impact in the law enforcement context. The most apprehensive members possess stronger racist or xenophobic attitudes and are more prone to move toward the extreme end of the spectrum. However, new technology significantly shifts the traditional balance between surveillance and civil liberties, and the existing patchwork of laws may not be enough to prevent the risks stemming from facial recognition and other technologies.47 As such, it is necessary to take stock of existing privacy safeguards and identify areas of improvement. Governments and private companies have a long history of collecting data from civilians, often justifying the resulting loss of privacy in the name of national security, economic stability, or other societal benefits. Sara Morrison, Heres How Police Can Get Your Data Even If You Arent Suspected of a Crime, Vox, July 31, 2021. Facial recognition and other surveillance technologies also enable more precise discrimination, especially as law enforcement agencies continue to make misinformed, predictive decisions around arrest and detainment that disproportionately impact marginalized populations. Military justice - Wikipedia As a child, I learned gun safety and basic marksmanship, witnessed my father shoot and kill a rabid coyote that was trying to eat my pet rabbit, and, when I was old enough to legally do so, obtained my concealed carry permit. Whiteness and masculinity are central featuresthough often not clearly obvious onesin the rearview nationalism of militia members values. Nor did this militia member understand that Black families might have embraced busing rather than resenting it: it was an opportunity to send their children to superior schools in a city that had historically neglected them. . Furthermore, government agencies can still access industry-held data with varying degrees of due processfor example, although they would require a warrant with probable cause to compel precise geolocation data from first-party service providers in many cases, they might be able to access a persons movement history without probable cause through other means, including by purchasing it from a data broker.24, The enormous scale of information that the private sector collects can feed into broader law enforcement efforts, since federal, state, and local government agencies have multiple channels by which to access corporate data. The self-styled militia groups raising alarm in the U.S. today draw inspiration from the early days of the republic, when civilian militias served as local defense forces and some fought alongside . military law | Wex | US Law | LII / Legal Information Institute The conclusions and recommendations of any Brookings publication are solely those of its author(s), and do not reflect the views of the Institution, its management, or its other scholars. The CAAF is a federal appellate court that is made up of five civilian judges that the President appoints. In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA), bundling the Wiretap Act and Stored Communications Act, to protect Americans against government privacy intrusions in their electronic communications (e.g., stored emails or live telephone conversations). Some members who responded to my 2020 survey felt COVID-related restrictions were unacceptable state control. I follow their online posts. Since Clearview does not advertise these controls, however, it is unclear how many individuals are aware of them or have submitted a data request. From the historical surveillance of civil rights leaders by the Federal Bureau of Investigation (FBI) to the current misuse of facial recognition technologies, surveillance patterns often reflect existing societal biases and build upon harmful and virtuous cycles. Although federal law-enforcement attention has had a cooling effect, other people inspired by events at the Capitol may now seek out the more violent nostalgic groups for future action. Standing By: Right-Wing Militia Groups and the United States - ACLED First Militia Act of 1792 In Hawaii and North Dakota, Juneteenth has been a day of observance since 2022 but is not considered a state holiday. In some members, a longing for simpler times is giving rise to deadly activities. 18 U.S.C. They share posts that prophesized terrorist attacks that never came to be. Many members first learned these skills in the military. It led to several false arrests, including those of Temple University professor Xi Xiaoxing, UCLA graduate student Guan Lei, University of Tennessee professor Anming Hu, and National Weather Service scientist Sherry Chen.6 Like with other historically-disadvantaged populations, government surveillance of Asian Americans is not a new phenomenon. During the 1950s and 1960s, the FBI tracked Martin Luther King, Jr., Malcolm X, and other civil rights activists through its Racial Matters and COINTELPRO programs, without clear guardrails to prevent the agency from collecting intimate details about home life and relationships that were unrelated to law enforcement.1 More recently, the Black Lives Matter (BLM) movement, initially sparked in 2013 after the murder of 17-year-old Trayvon Martin by a local vigilante, has highlighted racial biases in policing that disproportionately lead to unwarranted deaths, improper arrests, and the excessive use of force against Black individuals.2 Over the years, the governments response to public protests over egregious policing patterns has raised various concerns over the appropriate use of surveillance, especially when primarily focused on communities of color. Their values are often entwined with racist and sexist attitudes, in part because they deny or disregard the hostility directed at minority groups and women during that idealized history. Importantly, they are . Facial Recognition Technology Warrant Act of 2019, S. 2878, 116th Congress (2019-2020). Since historically biased policing patterns have contributed to their higher rates of interrogation and arrest, communities of color are often overrepresented in law enforcement databases compared to the overall U.S. population.42 The National Association for the Advancement of Colored People (NAACP) reports that Black individuals are five times more likely than white individuals to be stopped by police officers in the United States, and that Black and Latino individuals comprise 56% of the U.S. incarcerated population but only 32% of the overall U.S. population.43 This means that not only are police officers more likely to employ surveillance or facial recognition programs to compare images of Black and Latino individuals, but that mugshot images or arrest records of Black and Latino individuals are more likely to be stored in these databases in the first placetwo distinct problems that, when aligned, will exacerbate existing patterns of racial inequity in policing.44. Additionally, the UCMJ implements many international laws of war which apply during an armed conflict. The incursion was a mass act of violence and a clear escalation from the disgruntled chatter about supposed election fraud that many had observed during the prior several months. Military justice (or military law) is the body of laws and procedures governing members of the armed forces. 18 USC Ch. 115: TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES - House THE MILITIA CLAUSES | U.S. Constitution Annotated | US Law | LII Members share ideological similarities with other white Americans who distrust the government and believe the country has declined because of increasing liberalism. Amy Cooter is a senior lecturer in sociology at Vanderbilt University who has been studying militias as well as extremist groups for 16 years. Out of the approximately 42 federal agencies that employ law enforcement officers, the Government Accountability Office (GAO) discovered in 2021 that about 20, or half, used facial recognition. 'Wolverine Watchmen,' a self-styled militia, is tied to alleged plot to kidnap Michigan governor By Rachael Levy Oct. 10, 2020 6:58 pm ET Listen (7 min) What are the different types of courts-martial? Watched George Floyd Protests in 15 Cities Using Aerial Surveillance, The New York Times, June 19, 2020. In addition, five statesArkansas, California, Illinois, Texas, and Washingtonhave adopted laws that regulate how private companies treat biometric information, including facial recognition.66 Companies have treated compliance with diverging state privacy laws in two primary ways: some, like Microsoft, have pledged to voluntarily offer single-state protections (e.g., the right to access personal information) nationwide, while others, such as Clearview AI, offer different privacy settings depending on where a person lives.67 Clearviews website currently only allows California residents to access and delete their personal information, while Illinois residents may choose to opt out of search results.68 Residents of the other 48 states do not experience these same privacy protections; they may submit a request for Clearview to remove search results associated with URLs that were already deleted from other websites but may not delete photos or opt out of search results for links that are still available elsewhere on the internet. He showed little comprehension of why his argument did not apply to Black families who cannot pick up and move elsewhere for a variety of reasons, including financial barriers such as lower home values, caused by long-standing discrimination in lending and real estate markets. Affiliates of the Oath Keepers and III%-styled groups are excluded. It's illegal in all 50 states to engage in militia activity. Whats at stake for China in the Wagner rebellion? Congress could direct the FTC to create these regulations, based on the findings of their study and input from civil society. Furthermore, it is through the military courts and the United States Court of Appeals of the Armed Forces (CAAF) that court-martial conviction can be appealed. I watched militia members discuss online some shared interests with previously adversarial groups. Cooperation or Resistance? Cameron F. Kerry, John B. Morris, Jr., Caitlin Chin, and Nicol Turner Lee, Bridging the gaps: A path forward to federal privacy legislation, The Brookings Institution, June 3, 2020. The depressed prices prevent them from selling a house and then buying one in a better school district. United States military law is found in the Uniform Code of Military Justice (UCMJ), Title 10 of the United States Code. The charged environment fostered men like Timothy McVeigh, who killed 168 people in a devastating act of domestic terrorism in Oklahoma City in 1995. . Such military commissions and tribunals can conduct proceedings against individuals, including non-United States citizens, charged with violating the laws of war. A few of the men were already tearing open MREsmeals ready to eat that are packaged, high-calorie food typically issued to soldiers but also available at military surplus stores and on eBay. Brad Heath, U.S. Credit: Nick Higgins. Mass surveillance affects all Americans through a wide suite of technologiesbut facial recognition, which has become one of the most critical and commonly-used technologies, poses special risks of disparate impact for historically marginalized communities. Chris Coons (D-Del.) Decisions from the CAAF can be subjected to direct review by the United States Supreme Court. Much work remains to repair the distrust and to protect innocent people from the violence that it breeds. Millenarian militias and other groups on the extreme end of the nostalgic group spectrum nonetheless remain vigilant, and some are eager for violence. They are not fluke outliers. military | Wex | US Law | LII / Legal Information Institute I grew up in a conservative, rural, East Tennessee community where firearms for hunting, target practice and personal protection are part of the culture. She has testified before the U.S. Congress about her fieldwork in militia movements and how hate groups attempt to recruit military veterans. Editors Note (6/14/22): The current hearings on the January 6, 2021, insurrection, held by aU.S. House of Representatives committee, have highlighted ties between mainstream supporters of former president Donald Trump and extremist groups in the mob that invaded the Capitol. Thanks for reading Scientific American. Julie Brill, Microsoft Will Honor Californias New Privacy Rights throughout the United States, Microsoft On the Issues (blog), November 11, 2019. Some argue that martial law has been declared at times during United States history, most famously during the Civil War after Congress and President Lincoln suspended habeas corpus, a legal procedure used to challenge detention. They stood together in public. List of militia organizations in the United States - Wikipedia ^ Accepts volunteers throughout the state, but operations are mostly conducted in Sasabe. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Such language has created considerable debate regarding the Amendment's intended scope.On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear . All members of the armed forces, including but not limited to activated reservists, active duty personnel, guard members, and even retired members of the military, are subject to the UCMJ. In another case, Florida v. Riley (1989), the Supreme Court held that police officers could fly a helicopter 400 feet above a greenhouse without a search warranteven if the interior of the building would not be visible without aerial surveillanceand that people do not have a reasonable expectation of privacy if other helicopters could legally fly at that height and observe the activity from a public airspace.54While the Supreme Court has heard several major cases on geolocation technologies, there is still legal and social uncertainty around surveillance technologies like facial recognition and drones, where judicial history is extremely limited, especially at the highest court.55 One of the earliest court cases on facial recognition occurred in Lynch v. State (2018), when the First District Court of Appeal in Florida decided that a Black man named Willie Allen Lynch, who was identified by police through a facial recognition program, was not legally entitled to view the other four erroneous matches that the program returned.56 The Michigan Court of Appeals recently decided one of the few cases related to drones, Long Lake Township v. Todd Maxon (2021), where it reversed a lower courts decision to rule that the government would require a warrant to surveil an individuals property with a drone.57 In short, the judicial branch alone cannot manufacture privacy expectationscourts interpret existing law based on the Constitution, statutes, and regulations, but their interpretations depend on the judges or justices that sit on the bench, and it falls on Congress to resolve uncertainties.
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