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Re: Polygraph Screening



At 20:33 12/23/99 +0100, George Maschke wrote:
... professors of physics will do well to pass on word to their
students about polygraph screening in the Department of Energy.

Sincerely,

George Maschke


In a remarkably cogent review appearing in Chicago-Kent Law Review,
Volume 70 No. 2 (available on the web) titled:

DOES HEAT EMANATE BEYOND THE THRESHOLD?: HOME INFRARED EMISSIONS, REMOTE
SENSING, AND THE FOURTH AMENDMENT THRESHOLD

written by Susan Moore, my eye was caught by the examination of public
versus private rights - in the matter of searches.

You will see that this is a convergence of the recent thread on
reading the date on a nickel (see the ultimate paragraph for a
specification of the resolution of low altitude mapping cameras),
and George Maschke's concern with stress-induced admissions of
dereliction by workers in weapons labs, when construed as 'searches'.

I have been forced to offer the scantiest of snippets - but the
rise to respectibility of the "black helicopter" urban myth
(a favorite object of paranoia, apparently) with the revelation of
its use for FLIR sensing of suspect people and places was specially
intriguing.


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Introduction

"The Fourth Amendment to the Constitution guarantees the fundamental
right of Americans to be secure against unreasonable searches and
seizures by their government.///
Does this constitutional right protect individuals from unwarranted
use of advanced remote sensing technology(3) to gather information
about activity within American homes? ////
The threshold question in Fourth Amendment analysis is whether the
conduct of government agents constitutes either a "search" or a
"seizure."
///////
I.Remote Sensing and Forward Looking Infrared (FLIR) Systems

A.What are Remote Sensing Systems?

Remote sensing is a branch of technology that combines physics and
electronics to derive information that may be otherwise
inaccessible.///
Computers analyze this data and convert it into meaningful
information.

Most remote sensing systems detect and analyze electromagnetic
radiation (EMR)./// Through remote sensing systems, these
distinctive features and conditions become recognizable
"signatures"///
Remote sensing systems have been developed that can detect and
interpret data throughout the EMR spectrum. Multispectral systems
integrate the data derived from multiple spectral regions,
allowing more complex and meaningful analyses. Through
multitemporal remote sensing, additional data is gathered over
time and makes it possible to monitor changes in objects of
investigation.(27) Most of these remote sensing systems operate
from robotic earth observation satellites.(28) Satellite imaging
technology has been described as "one of the most powerful tools
in America's espionage arsenal."(29)

B.FLIR Systems

FLIR systems are real-time thermal infrared scanning and imaging
systems that were developed as night surveillance tools for the
military.///FLIRs are very portable and are often operated from
ground-based vehicles, airplanes, and helicopters.(33) Recently,
high-resolution hand-held infrared viewers have also become
available.(34)///
FLIRs are currently being used in the United States by domestic
law enforcement agencies.///


In Dow Chemical Co. v. United States,(126) the Court held that
there was no Fourth Amendment search when the Environmental
Protection Agency (EPA) used sense-enhanced technology to
investigate a 2,000-acre commercial chemical facility. The EPA
used a standard precision aerial mapping camera to photograph
the facility from altitudes of 12,000, 3,000, and 1,200 feet.(127)
The camera was valued at more than $20,000 and the photographs
revealed details 1/2 inch in diameter.(128)/// the Court stated
in dicta, "It may well be, as the government concedes, that
surveillance of private property by using highly sophisticated
surveillance equipment not generally available to the public,
such as satellite technology, might be constitutionally
proscribed absent a warrant."(134)

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I cannot resist remarking that though polygraph interrogations
are not routine in industry - phone tapping, email monitoring and
personal trajectory recording using ident badges and the like are
a widespread feature of the American business scene.

Sincerely





brian whatcott <inet@intellisys.net>
Altus OK