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Name: ML Smith
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Cyberspace - The Final Frustration

A Fly on the Wall - Justice vs. Law


    Hijacked - part 2 
    ML Smith

    [Flashback]   It happens. This one (the hijacker) literally walked right in, stole my address, changed my password, click-jacked his/her way to my IP and now follows me wherever I go. Given the content of the subject headers, I think I can safely assume there is a vendetta here. The FBI tells me there usually is and that the hijacker will eventually find someone else to hate and forget about me. I am not so sure of that. In any event it looks like Me_Me_Mail will be around for awhile. Google, the Internet giant of all giants, seems oddly unable to identify the culprit. That bothers me. But they also allow GMail to continue to deliver fraudulent messages - that enrages me. The big "G" probably doesn't have the time for such shenanigans; they do have plenty of time to censor my mail, which they did a few days ago when I foolishly thought I could e-mail an article critical of Google to the Washington Post. The Googleites stopped it cold, with no explanation. Evidently freedom of the press and free speech in general are not recognized by Google as the underpinnings of democracy. 

    Wow, what wouldn’t I give to be a fly on the wall at one of their board meetings.

    “Well, JR, we have the list you wanted.
    “Good. How many?”
   
    {Dammit, one of these guys just took a swipe at me. I think I'll stay on the ceiling} 
     
    “21,563. Should we terminate all of them?
    "No, not yet. There's too much revenue involved, and we'll need the numbers when we get down to final negotions. Once we have AOL, Live and Yahoo in the bag we own the Internet. Do you hear me? We own the Internet!!! We'll talk about the troublemakers once the deal is done." 
    “JR, there’s an issue with one of them...he-”
    “I know. The Smith guy. What now?”
    “Sir, he’s been sending articles to most of the major print media - making an issue of censorship and fee speech.”
    “JR, he’s right, and there’s more. He’s implicating us in fraud by association since we still mail that hijacker’s stuff. It makes us look bad in the public eye. You know, the Constitution and all that garbage about democracy.”
    “Is that so...well, what do you propose we do?”
    “Sir, if I may say so, he’s already been to the FBI.”
    “The FBI? To hell with the FBI! In fact - to hell with all of them - the USDOJ, the FCC, the FTC...and you know what? To hell with the Constitution! I’m not running this business for some wrinkled piece of parchment that nobody cares about anyway. Get rid of this Smith character. Zissman!”
    “Yessir.”
    “Make him disappear.”
    “Consider it done sir.”
    “Sir, what about the hijacker?”
    “You mean hijackers. They’re mailing bulk. Good revenue. Leave them be.”
 
#

    So I have a vivid imagination...so what? If even a fraction of that fictionalized scenario is true, we’re all in big trouble. Whatever happened to justice?
 

THE ULTIMATE CONTRADICTION...Justice vs. Law

     The United States Department of Justice is the umbrella agency for law enforcement in America. Paradoxically, the agency is bound by rigid articles fThe The United States Department of Justic is the umbrella agency for law enforcement in America. Paradoxically, the agency is bound by rigid articles of law that conflict with the misnomer “Justice.” The agency cannot change the laws it enforces and “justice” is neither its province nor is it obtained; except, perhaps, by sheer accident. The same is true at every level of law enforcement. Judges and District Attorneys must follow the law to the letter, as must all front line enforcement agencies; police, the FBI, ATF, DEA and...well I’m not so sure about Homeland. The Supreme Court renders opinions and decides appeals. Their conclusions often become legal precedents, but again, like the men and women involved in this work, (notwithstanding the normal and perfectly acceptable amount of corruption) they are expected to adhere to the highest standards of the law. As I see it, however, they are trapped in a philosophical dilemma that is addressed in almost every version of the Bible; the most comprehensive legal compendium in existence.

    Paradox defines the dilemma. Our Constitution, which mandates separation of Church and State, inadvertently legitimizes the biblical concept of justice by virtue of the mandate itself. Justice is desirable, but the actions required to carry it out are prohibited by both documents. While we have taken great care to separate the law of the land from the law of the Bible, most of us recognize that they are strikingly similar both in content and the degree to which they are ignored by humanity.

    Can you imagine the confusion, frustration and anguish that victims and law enforcement workers must deal with on an everyday basis - as a rapist goes free on a technicality; or a cold blooded murderer is sentenced to 7 years in prison for killing a child.

    Plea bargaining is a criminal perversion of justice and on close examination contradicts everything we believe in as a society presumably committed to protecting the innocent and prosecuting the guilty to the full extent of the law. How do we rationalize the fact that a murderer can admit his crime in exchange for a lesser charge? Who is served by this? The courts that are overloaded; the DA’s who embellish their conviction rates or the criminals that walk with GPS locators on their ankles? Perhaps Samuel L. Jackson said it best in Pulp Fiction. “May justice be visited upon thee with the full vengeance and wrath of the Lord!” Maybe that is how things work in the criminal underworld, but certainly not for Martha Stewart...O.J. Simpson finally got nailed - only because of his stupidity and arrogance.
 
    When a cop plants evidence on a known drug distributor, justice is being served while the law is being broken. Did he do the right thing? The law says that every man is innocent until proven guilty in a court of law. Yet we know that some men are guilty regardless of what a jury may decide. We also know that some are innocent despite the fact that they have been found guilty. Mistakes are made in the administration of law and in the misguided pursuit of justice. Again, paradox rules the hierarchy of mistakes in both action and concept. If I kill a man who has murdered my wife, I too am a murderer and if the state chooses, both of us can be killed. The rules say that I may not take the law into my own hands in the pursuit of justice. I am permitted to kill in self defense or by act of war but in neither case am I considered “in pursuit of justice” - another paradox. By definition, war is waged for a “just” cause. Like capital punishment, it is viewed as justifiable homicide.

    Law is a reflection of society’s need to prevent chaos, yet law itself is chaos because it represents mankind’s attempt to bring order to a random environment. As humans, we hesitate to accept this fact but the body of contemporary mathematical evidence effectively nullifies everything we believe to be true about the world we inhabit. There is no mathematical equation that validates the existence of justice. There is no written document of law that recognizes justice as anything more than a symbol of man’s desire to discriminate right from wrong. In the topsy turvy catalogue of law, doing the right thing is often wrong, while doing the wrong thing is often right. Many people don’t care one way or the other. I do.

    I want to do the right thing; the thing my heart and soul scream out for - I want justice! The same law that guarantees my right to pursue it says I cannot have it, unless it is sanctioned as an exception. There are exceptions. On our side of things, they are known as operatives. On the other side, they are terrorists. I want no part in any of this, but I have questions. Can I purchase an AK-47 from a gun runner and use it to kill the man who tortured and raped my nephew? No. Can I use the same weapon to kill Osama Bin Laden? Yes. Will I be prosecuted? A ticker tape parade would be more likely. Can I plant evidence in the home of the drug dealer who sells heroin to my child? No. Will the state incarcerate me for doing that? You better believe it. Internal Affairs has little interest in justice. Who does?

#
 
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