Right To Privacy In Everett
The right to privacy is a constitutional, civil and legal right of all citizens of the Union of Everett. There are separate forms of privacy which are protected by several laws and documents.
Constitution
The Constitution of the Union of Everett protects the right to privacy with two amendments, both located in the bill of rights.
First Amendment
The first amendment of the constitution guarantees a right to privacy as stated:
"There shall be no law respecting an establishment of official religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press or of expression; or the right of the people peaceably to assemble, or to petition the government for a redress of grievances or the right to privacy. No law shall violate the basic rights of life, liberty, equality, justice, property and the pursuit of happiness."
Fourth Amendment
The fourth amendment guarantees the right to protection from unreasonable searches and seizures, protecting the rights and privacy of citizens from the government.
"The right of the people to be secure in their persons, houses, papers, electronics, vehicles and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Internet Rights Act
The Everetti Internet Rights Act was enacted in August 2008 in response to the G8 Summit's agreement of the Anti-Counterfeiting Trade Agreement (ACTA). The Union of Everett declined to agree to the law, along with New Zealand, due to the law's infringement of the right to privacy. ACTA will not be enacted or passed into Everetti law. In response, Everett adopted the Internet Rights Act which protects citizens from invasion of privacy on the internet whether by other private citizens or by government and law enforcement. It additionally re-states the laws that protect citizens from unreasonable searches and seizures of electronic devices without warrant. The Internet Rights Act establishes the following:
- Warrants must be issued for searches and seizures of web logs, internet histories, ISP histories, website visitation histories, search histories, email accounts, instant messages, texts and other information.
- Warrants must be issued to search and or seize electronic devices including mp3 players, CD players, laptops, computers, hard drives, video game consoles, music players, cell phones, answering machines, telephones, radios, equipment and other devices capable of storing information or using stored information.
- No one may post personal and or private information on the internet about or depicting any other person without consent of said person.
- No one may reproduce, sell or distribute personal and or private data on or from the internet or publicly including video, photo, audio or documents of a person without the consent of said person.
- Spam, pop-up advertisements, web browser hijacking advertisements, false advertisements, misleading advertisements, email junk mail, spam mail or other "attack ads" are illegal.
- It is illegal for a company or website to log user activities or keep, maintain, sell or distribute user's personal and private data including emails, accounts, legal names, addresses, phone numbers, likeness, photographs, identities, communications or otherwise.
- The internet shall not be violated or censored by any law or government at any time. Net Neutrality is confirmed as law. A subsection allows the government to moderate or prosecute offensive users, such as content pirates, violators of copyright, sex offenders, predators and pedophiles and or child pornography.
- It shall be illegal and automatically void under law any attempt by a company, business, website, ISP, product or other software or hardware or service to require a user or consumer to agree to any terms of an agreement or policy that allows such a company, business, service or other the right to use one's likeness, personal information, private data, activities, video, audio, recording, photos, communications, texts, emails, contact information, credit information, financial data or otherwise in any form outside of immediate necessity to engage in business transaction between such user and said service provider. Any agreements, terms of service or policies which claim use of a service, purchase of or agreement to such a policy allows for said service to engage in any of the above uses of data for third party use, for-profit activity or public or corporate use or any use of such data to be provided to any government agency without valid warrant shall be a federal crime. Any service which attempts or claims such an agreement to such terms as valid, is void under federal code. (See UE-Fed-TitleIV-ConsumerRights.1-2015)
Privacy Security Act
The Privacy Security Act was established in August 2005 after a massive legal debate concerning the media's right and freedom of the press and the right to free speech. After a lawsuit in the case Fletcher v. News Corporation, the Everetti Federal Supreme Court ruled that the media did not have the right to produce and or distribute any material they like in the media. In response, a law was passed concerning what the media and other persons and companies were legally allowed to print or produce.
FULL TEXT
Preamble
To maintain and secure the rights of the citizens to live securely from defamation, slander, libel or violations of the constitutional rights to privacy either from private, public or government, this Act declares:
Right To Privacy From Government
- It is required by Constitution and by law that all citizens have a right to privacy. The government and law enforcement may search and seize property from a citizen only in accordance with a legal court order and warrant, specifying the person or place to be searched and or seized and what is to be seized. A warrant must be ordered only by reasonable oath or affirmation with evidence provided.
- The requirement for a warrant for searches and seizures shall be extended to restrict the monitoring, searches, seizures, recording and or wiretapping of electronic devices or personal property via the internet such as email, instant messanger, internet histories, ISP logs and other website uses unless a warrant has been ordered that specifies the device, website, accounts or other properties.
Right To Privacy From Media
- It is the right of the citizens to be secure from media harassment, defamation, stalking and or otherwise. The media is restricted from pursuing, chasing, following, harassing, stalking, trespassing or otherwise any citizen of the Union of Everett without legal just cause, ie: A crime has been committed. A crime is in the process of occurring. A crime is going to occur in the near future. The media may not physically or otherwise contact a person unless in self defense or in defense of another person.
- It is illegal for the media to trespass, record, film and or photograph any person within the confines of their personal private property, such as a home, workplace, vacation rented home (hotel, motel, resort) or vehicle without the consent of the said person.
- The media is hereby restricted from publishing slanderous, libelous or defamatory reports via television broadcasts, radio broadcasts, internet reports or newspaper prints. Media may not report on private citizens without the consent of the citizen concerned. Private Citizens shall include celebrities of any kind. Media is not allowed to report on the private activities of government officials and events outside of their political or legal duties and careers. The private, personal life of these persons shall be secure from invasion.
Right To Privacy From Persons
- No private citizen shall have the right to invade the privacy of another person unless a crime has been committed. It is illegal to photograph, record and or film a private citizen, whether in public or private, without the consent of said persons. It is a crime for an adult to photograph a minor unless the adult is a friend or family member of said minor or with consent of said minor. No non-family adult shall photograph a minor under the age of 13 with or without consent unless consent is given by the minor's legal parent or guardian.
- No person shall photograph, record or film another person and distribute copies to other persons via print, television, radio or internet without the consent of said persons. It is the legal right on any person to deny another person the ability to post any content if they are depicted in the content. It is illegal to post a private citizen's photos, videos or audio on the internet without said person's consent. Should consent be given, it may be withdrawn at any time and must be removed. No internet print including blogs, documents, notes, messages or otherwise shall be publically posted concerning another person without said person's consent.
Right To Privacy Of Personal Data
- No website, company, database, persons or organizations shall have the right to post or distribute personal private and vital data and information of persons via electronic devices including computers, websites, blogs, Wiki encyclopedia programs, online databases, etc without the legal consent of said individuals. Information and data that shall be illegal to display include legal names, home addresses, email addresses, phone numbers, bank records, vehicle registrations/titles/license plate numbers/deeds, home records/titles/deeds/property information, personal vital records of minors, social security numbers, welfare information, general health records, personal bills/contracts, employment records or employee data, birth records or other forms of private information. Criminal records, court documents and CDC STD records may legally be displayed. The law authorizes the county, state or federal governments to display information within reason and in accordance with this law.
- It shall be illegal to post or distribute photographs of persons in accordance with libel/slander or stalking laws or to post any audio, video or photographic content defaming or offending an individual's personal rights to privacy or to post content in the attempt to expose or offend an individual unless a crime has been committed.
Copyright Protection
- Intellectual property is defined by this law as any media content produced by a person that is not legally owned by said person. Said person has intellectual rights to the content but cannot claim copyright ownership of said content. Intellectual property may consist of literature, drawings, cartoons, photographs, videos, re-enactments, parodies, artwork or otherwise that depicts content legally owned by another. The sole sovereign copyright owner may authorize or licnese such content for use, reproduction, distribution, sale or advertisement, commercial or monetary gain and may withdraw such authorization at any time.
- Sovereign property is defined in this law as any form of media solely owned by a person, persons, company or organization. No one may claim ownership, use, reproduce, distribute, sell and or use for advertisement, commerical or monetary gain said content without permission of the copyright owner. By law, any content depicting an individual or individuals is the sole property of the individual or individuals. Sovereign property may be licensed or authorized for use, reproduction, distribution, sale and or advertisement, commercial or monetary gain with the permission of the copyright owner.