25 Compelling Reasons to void a Law that violates our Constitution & state laws, such as those in Wisconsin & Arizona

To a frog in horseradish, the world IS horseradish.

 

constitution for everyone

a constitution mandate

Most Americans have a sense of honor and decency. Why do you think the Tea landed in Boston Harbor?  In America, no one says you have to keep the unjust circumstances someone else gives you, just because ‘they’ say it’s a law & just because you are a trucker.

http://www.facebook.com/Classicsweetchunez/videos/1985232284829024/

a little sweet soul music you may like to listen to while you read  🙂

a red title for 25 PLUS A GUY
First we must address the Constitutionality, then the State law, like Wisconsin’s.
 The DOT RULE is quite the jigsaw puzzle of a topic,  each piece requiring some understanding of the other interlocking pieces. We encourage you to read this page all the way thru…………& have the coffee brewed.
√   ÖMG     We thought we’d found all the Red Flags and Warnings available. Silly us!
In 2015,A MAJOR INVESTIGATION ORGANIZATION published a 6 page report on truck security – That’s cyber security – that’s the ELD, so we feel compelled to start with it.
WHY?   because drivers can live for a bit longer without wage protection….. it’s kind of hard, however to live in a vehicle when it is set up to kill you,  accidently, of course.

       In 2015 NMFTA conducted research regarding the status of heavy vehicle cyber security.  “Engineers it seems,  have assumed that the computerized vehicle would not have to operate in a hostile environment”………in 2015?

“Additionally, fleet operators have added 3rd party communication systems such as Qualcomm (now called Omnitracs) and others*. This is problematic for a number of reasons. First, it adds another IP address to each vehicle, i.e. could possibly be seen/accessed from the Internet anywhere around the world; and, secondly, it centralizes access to whole fleets of trucks from a single server infrastructure located either at the service provider or the fleet operator. this introduces a large systematic vulnerability for individual fleet operators by making it possible to leverage a single attack or design for self-replicating malware against an entire fleet. Our research demonstrates that the issue of vehicle cyber security is not a topic that we must address sometime in the future, but is a serious problem upon us today. Real world hacks are being done against light vehicles. The attacker’s capabilities have grown rapidly in sophistication and reach. Hackers have established tools for interfacing with vehicle network traffic, growing libraries of control command messages, and commercial tools to reverse engineer the OEM programming of most any ECUs and replace it with arbitrary malicious code.”

http://www.nmfta.org/pages/HVCS

You cannot unknow this. 

       By finishing reading this site, your outrage should be such that you will feel compelled……to do whatever it takes to stop this from going any further.

Empires vanish. The slogans that kept them glued together for a short time—from “increased safety” to “you can control everyone, everything, everywhere”—are exposed as fictions of state. And the leaders are, surprise, mortals with Napoleon complexes. Omnitracs too shall fall. Their arrogance in admitting their miracle widget is dangerous, has started them down the path to destruction.

bullseye and words
       They call this ELD a safety device.  They say it will save lives by 24 hour tracking; they say this will keep a driver from working overtime, keeping him less tired.  They say it is infallible, tamper proof and a completely accurate recording device. THESE ARE ALL LIES.   The purpose of this doubletalk campaign at Omnitracs, in the words of the Oxford Internet Institute at Balliol College, is “hacking people. Hacking us. Not connecting us.”
They also say it will earn the manufacturers $2billion the first year, and $1billion each year after for accessorial charges. This is TRUE!
a 6 violations
       Yes, we will show that this rule violates both State and US surveillance laws;
     *criminalizes truckers from their status as drivers;                                                       
         *violates NHTSA laws on selling defective equipment:                                                
 the ELD malfunctions regularly and is a Trojan Horse, by way of it’s telematic design, which allows easy remote access to a commercial vehicle’s engine, brakes and steering,  through its internet connection, causing an accident that could kill us, and those who share the road with us, before our allotted time.   
*violates Article 3, which is explained in its entirety at the bottom of this site.
       We will show that, like too many of our laws, it all comes down to obscene profits, profits earned from injuring those whom they claim to serve, profits from lies.

      Our society is saturated with smoke & mirrors words :  gambling is not gambling – it is gaming, a soft, word more associated with Monopoly or Yahoo;  smoking cigarettes is suddenly vaping, you know, vapor is that harmless little cloud of steam coming of a stream on a frosty morning.  Etc.  What I cannot stress enough is that the buzz-words used by the engineers and bureaucrats, like safety, efficient & saving lives, and their actual meanings matter. They matter not only from a legal perspective but in the way that the American public responds to the dilemma before them.

We can no longer turn a blind eye to what is taking place. To the best of my understanding, and which this site proves, is that this has been ongoing for a number of years, that it has been repeatedly referred to the United States Attorneys and district attorneys to take action and clean it up, and it continues to be business as usual.

Challenging “the way we do things” is an uphill battle, through a forest of double talk and falsehood.  Our advantage is the law itself, spelled out clearly and readily accessible to us online.  Buzzwords are then revealed as to their disingenuousness.

history
 I can’t help thinking we need to acknowledge the history,
of both the “what” and the “why” of these kind of laws,
before we can change the course of this destructive mandate.
First of all, what is overtime and why do people work overtime?
1.  WHAT is simple!    The DOL has ruled that overtime is any hours over 40 in a week……except for drivers, who are ‘permitted’ to work up to 70 hours in a week.  So, we are already working overtime compared to other Americans, but, because our driving is all we are paid for, and our unpaid hours count against our 70, many times we don’t have enough paid hours to earn enough to support our families.
So overtime*, for us, is really overtiming overtime.  Bizarre, but true.
2.  WHY is simple too.
a.  The government (on both sides of the aisle) has been bought, and as a result has shied away from passing laws that protect workers. Using data by the U.S. BLS, someone is profiting, it’s just not the average American worker…or the average American truck driver. https://20somethingfinance.com/american-hours-worked-productivity-vacation/
b.   As companies fairly ruthlessly let people go, we want to keep our jobs, so we go along and try to make the best of a less than ideal situation, and most of us do this successfully.  And because no one, until now, has challenged the legal basis for being paid for only some of our work, it continues and we continue to work overtime*.

THERE IS NO LEGAL BASIS FOR THIS PAY DISCREPANCY.  THE DOT & FLSA, ARE IGNORANT OF THEIR OWN RULES which, only exempt us from overtime*, but do not exempt us from pay for all hours. It is they who allow this wage theft to continue.

That is what I read, below.  Do you agree?

a flsa quote

      SO THEY DEFINE THE PROBLEM OF DRIVING OVERTIME* AS A CRIMINAL ACT.  As some drivers work overtime*, driving extra hours just to make a living, some of them get too tired, so DOT  concludes they must be lawbreakers & must be punished, just for trying to do the job asked of them.  So DOT orders 24 hour electronic surveillance, which is a punishment, not a safety rule. In 2007, DOT did just that, when they first proposed ELDs as punishment for overtime* violations:

       www.gpo.gov/…/p…/CHRG110shrg79551/html/CHRG-110shrg79551.htm “Federal Motor Carrier Safety Administration proposed in January to require recorders on as few as 465 of the more than 700,000 trucking companies in this country.” for having too many drivers overtiming*.

DEFINING THE PROBLEM
CORRECTLY
REVEALS THE SOLUTION TO CREATE ACTION STEPS TO SOLVE THE PROBLEM

THE CORRECT PROBLEM IS:  Everyone wants their cargo delivered asap. Drivers are not paid for all hours worked because of an industry wide misconception that truckers are only entitled to be paid for driving work.  So, sometimes, when they are delayed for hours at a factory but also need to make enough money to support their families,  some drive overtime* to the point of fatigue.

omg

      This is because we have no more flexibility to deal with a constantly shifting driving environment, so we are compelled, by a constantly ticking gps clock, to drive as fast as we can within the posted speed limits, all day, in all conditions, in order to make our deliveries and to find a parking spot.   At the end of the day, it is difficult to come down from this stress, which is both mental and physical, so we sleep less restfully.

Image result for handing over money gif We pay an economic penalty as well.  Because most of us used to drive an average of 60 -65 mph, & drive about 100,000 miles a year, with the pressure from the ELD clock, we now go the speed limit all day.  At the higher 70 to 75 mph, our mpg has dropped by over 1 1/2 mpg.  So, this ELD will  add another $10,000 in fuel expense  besides the extra wear and tear on us and our equipment, as a result of these higher speeds on our deteriorating roads.

And this stress and extra expense could be totally avoided if we just got paid for all our work.  That is the goal, with your help.  First void the ELD mandate, then fix the pay.

A few states are starting to reappraise the pay-only-for-driving misconception:

.Under California law, the time you spend as a truck driver waiting for goods to be loaded or  unloaded are hours worked that the company has to pay you for. Make no mistake about it, this is another form of wage theft.  The company is stealing your money.”  http://www.turleylawfirm.com/blog/are-truck-drivers-supposed-to-be-paid-for-time-waiting-for-loading-unloading-cfm

and a few carriers have lead the way:                                                    …………https://jobs.nussbaum.com/wages                                                                                    …………http://www.postbulletin.com/   Gateway Foods of La Crosse, Wi,   which was the largest privately held food distributor in the country in the 1980s, . Gateway paid mileage from their warehouses to stores, then the drivers went on the clock while unloading, then back to mileage.  This was in 1989.

As Einstein so famously said, we can’t solve a problem from the mindset that created it.  Pay for all work and acknowledging that we are covered by FLSA is the right blueprint for equity that we need, and it is already in place. It remains to be seen how many of the rest of the carriers are inspired to change this ad, or, as is usually the case, will need to be dragged kicking & screaming to the equity table. So the odds are we need a national reappraisal, insisting that the Fair Labor Standards Act, which protects other American workers wages, is actually there to protect our economic interests too.

√    A side note: when raising wages was discussed online, one blogger declared that        …….prices would soar in the retail stores if higher wages were allowed.

       Funny, though, if one driver was paid for time loading, say, 3 hours @ $25, that is $75, right?  OK, so if a whole truckload of freight costs $6000 to ship from Florida to California, would you believe the extra $75 will cause a nationwide crisis of price hikes?But, when the CEOs of these megacorporations get a million dollar bonus………. the silence is deafening.  Right??.

think this isnt your problem PLUS A GUY
       As much as the stress of inequitable pay is affecting the safety of the individual drivers is the equally important fact of this ELD being a hackable machine installed in 3 Million  80,000# vehicles traveling the highways…………………next to you. 
       The peer reviewed proofs and government warnings on the danger posed by this defective machine, listed at the bottom of this site, clearly spell out the problems AND also show how these ELDs are already malfunctioning.
       You will see, also, how simple it would be for a hostile nation state operative, a terrorist or organized crime to wrest control of the brakes and steering of a commercial vehicle, easily turning it into an 80,000# terrorist weapon on our nation’s highways; highways we share with you and your loved ones.
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       Three Million commercial vehicles share the road with you and your family.  Unless you join us in demanding the recall of this defective ELD, you and yours are as much at risk of harm as we are; and our families would mourn us just as much as yours would.
      Many truck drivers face the situation of having to drive overtime to make a decent living, because the DOT permits their employers to not pay them for any time but driving time, thus they strive to maximize their earnings time and minimize their non-paid time. Sometimes this results in over-fatigue.  But, if drivers were paid for all hours worked, they would not feel the need to drive overtime. Over-fatigue problem solved. 
      Amazingly, to address this overtime, in 2017, the DOT made a law that forced drivers to buy a computer, called an Electronic Logging Device, ELD, a telematic gps tracking machine, & forced them to hook it to their engine and brakes. This did not address the reasons for overtime driving. Instead, it did just the opposite and compounded the problem by further restricting their earning time even more, while allowing unpaid hours to continue.  And ELD manufacturers, like Omnitracs, made a whole lot of money.

     Telematics seemed to feel like a pure success story, a hot, new control device, where engineers could shake the world with software, saving lives & banking piles of cash, but……..

     Bent on growth at any cost, Omnitracs chose to ignore the warning signs that ELDs were unsafe, as listed below, and then, when they had wooed or cajoled lawmakers in Washington, and were assured that Congress and DOT had bought their sales pitch for the telematic ELD, they decided they were in an unassailable position, and corroborated the FBI and Homeland Security’s warnings, in an interview in 2016,  that yes, ELDs were unsecure and unsafe

      Congress and DOT, meanwhile, update their newsletters to the folks back home, call for a photo opportunity, thank their PACs and move on to the next “success”.

      In August 2016, as Omnitracs was admitting this, a semi truck’s brakes had already been remotely dismantled and engines stopped by this faulty device, during a test at UMTRI, because of a secret embedded chip that acts like a Trojan Horse. Trojan Horse chips are, not talked about, secret, entry points, necessary for its two way internet operation. Telematics would not operate without it. But, telematics held in your hand cannot affect the safe operation of any vehicle OR make that pile of money. Only when the telematic device is hard wired to the engine and safety systems of a semi, can that wonderful pile of money be transferred to the bank accounts of the engineers………..but Only until the time which assuredly Will come, when a telematic gps controlled semi has its ultimate malfunction, that of killing its occupant.  Safety is just smoke and mirrors.

 

crazy prof illegal

1.  It violates State and Federal laws against unwarranted electronic surveillance.

2.  It violates the Supreme Court ruling on criminalizing one’s status.

3.  It violates NHTSA regulations against selling defective equipment

UNWARRANTED ELECTRONIC SURVEILLANCE

a:  Wisconsin’s enactment is patterned after a similar provision in the United States Code 2 and follows the intent of The American Bar Association Project on Minimum Standards of Criminal Justice, Standards Relating to Electronic Surveillance

b:  In Wisconsin: The introduction to Wis. Laws 1969, ch. 427 states that the purpose of the legislation is “to prohibit electronic surveillance by persons other than law enforcement officers duly authorized by court order and engaged in the investigation or prevention of specific categories of offenses (crimes) Section 968.28 provides in some detail for the application for a court order prior to the interception of oral or wire communications.  ***  The authorization shall be permitted only when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, commercial gambling, bribery, extortion and dealing in narcotics and dangerous drugs or conspiracy to commit any of the foregoing offenses.

       c:  Both State and Federal law states that electronic surveillance needs a court order.  The DOT does not have one. The ELD has no justification, by court order, for mass surveillance of a whole segment of the American population under the assumption their status is criminal.

d:  The Arizona Supreme Court just ruled that unwarranted surveillance is illegal.

CRIMINALIZING ONE’S STATUS

 It is important, here, to note that a law cannot punish a person simply for their status. As the Supreme Court explained in Robinson v. California, 370 U.S. 660 (1962), any statute that criminalizes the status of a person inflicts a cruel and unusual punishment in violation of the Eighth and Fourteenth Amendment

………..a:  According to the dictionary, STATUS is “the relative social, professional, or other standing of someone or something”.

b:  According to this article: “In my recent Teacher article ‘Big five’ challenges in school education I argue that one of the biggest challenges we face in school education is to raise the status of teaching as a career choice, to attract more able people into teaching and to develop teaching as a knowledge-based profession.”  a career choice is a status.

c:  The ELD criminalizes us because of our status as truck drivers, because ElSurDev’s are only valid if the subjects are criminals; so, as drivers are the only ones targeted, the ELD, by default, criminalizes us, strictly for our status as truck drivers. It bears repeating:  the status of a portion of the population cannot be classified as a criminal act: Robinson v. California,

RECALLS

recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat, or tire creates an unreasonable safety risk or fails to meet minimum safety standards. http://www.nhtsa.gov/recalls

a.  The basic fact is that the manufacturer of ELDs admits  THAT ELDS CAN BE HIJACKED,  which creates an unreasonable safety risk.     http://www.fleetequipmentmag.com/hack-heavy-duty-truck/

b.  The basic fact that a driver told a journalist that “My ELD was acting up, so Omnitracs rebooted it 5 times. I was going 60 mph on a two lane road, and when the ELD shut down, so did my engine, 5 times”, which creates an unreasonable safety risk. http://www.overdriveonline.com/hacking-trucks-cybersecurity-and-the-eld-mandate.

c.  The basic fact that the University of Michigan published a report that they hijacked a truck’s brakes. http://www.wired.com/2016/…/researchers-hack-big-rig-truck-hijack-accelerator-brakes, which creates a heck of an unreasonable safety risk.

√       Already the signs of the ELD malfunctioning are being written about by drivers in    ……….online blogs:  Below is a brief Blog exchange already noting the ELD ……….malfunctioning.

Bob posted this: I think my ELD is smoking crack. Is anyone else having the same issue?

Jim- every morning

Ace- ours is fine, but we did get a message to say don’t call they know there is a problem       ..and will have it fixed as quickly as possible. May the Force be with us.

Sue- Mine was flashing all kinds of crazy crap late this afternoon.

Renny- Mine had a large fit because I didn’t take my 30 minute break.

Tom- Mine doesn’t like me, but then again, I don’t like it either!!!!

Rocky- Mine says I have 70 hours to run, even tho I started working at 7 am.

Mary- Mine says the same thing.

Erv- Hmm, my paper logs never refused to let me write on them, except when my     ….pencil broke. lol 

And the toadstool icing on this cake of lies? 

√     A driver’s truck shut down, going 60 mph,                                                                             when Omnitracs did a remote “upgrade” to his ELD. 

        √    A Landstar driver’s ELD was erratically switching log statuses, (THIS IS CALLED MALFUNCTIONING, RIGHT?)  so he called Omnitracs.  Their  tech-support representative recommended a forced reboot. “He told me, ‘It’s going to shut down and reboot five times in a row, with about 10 seconds between each reboot,‘ ” he says. “I’m still going 60 mph trying to keep it going. So he does that. I’m still going 60 mph, and when the MCP50 shut down, so did my engine – 5 times.  www.overdriveonline.com/hacking-trucks-cybersecurity-and-the-eld-mandate/   

 

history to know

THE SITUATION:

√        The ELD mandate is a DOT rule for telematic gps tracking and control of commercial vehicles.  It came to pass because Omnitracs Company saw an opportunity to exploit the problem of drivers working overtime.  And the sad thing is, is that drivers are underpaid because of a system, sanctioned by the DOT, that allows carriers to only pay them for part of the job – driving; the rest of their work is gratis. Rather than bringing drivers under the wage laws, DOT has conspired with industry to create this punitive and unsafe rule, ignoring the sordid history of this devices defects.

√      The ELD fraud follows in the footsteps of the Toyota exploding airbags, and the ’71 Ford Pinto exploding gas tank, Facebook’s hack, Amazon’s hack, and now the Marriot hotels, hacked since 2014 ; Samsung denied chemicals caused cancer and death for 11 years.  All these corporation’s management made the decision to ignore the defects, some of which were killing people, in favor of corporate greed. So too has Omnitracs, whose defects are already endangering us all.

√      THIS, Plus what everyone knows, already, reminds us that none of these corporations or our DOT, will, of their own volition, remedy the harm they cause.

√      It boils down to the fact that it is we who must save America & our Constitution.

The scope of corporate greed empowers us with the righteous anger to stand up and to
 call them to account. As the companies above fell, so too will Omnitracs.

The first link below shows we already know that the ELD has a fatal flaw that will lead to injury and death.  That should be all we need to know to stand up and demand its recall.

Then comes the easy part:  what to do next.

  1.  Demand the DOT and DOL recognize that  commercial drivers are already   protected under the Fair Labor Standards Act.
  2.  Demand the NHTSA recall all electronic logging devices.
  3.  Demand Congress rescind the ELD rule
  4.  Demand the DOT set up a committee, with half the stakeholders being working   drivers, to explain the real world situation of commercial driving and  what is   needed from DOT to maximize safety: including setting hourly pay for non-driving   work; more state and private cooperation in paying for more rest area truck   parking;  tax break incentives to encourage private truck stops to enlarge their   parking areas; equipment standards for unmuffled engine brakes, back up beepers   that can be turned off at night & better mufflers on reefers & auxiliary generators.

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dog

28 – August 2016 – OMNITRACS, THE MAJOR MANUFACTURER OF ELDS, ADMITTED THAT ELDS CAN BE HIJACKED!  when their Product Manager was asked by   http://www.fleetequipmentmag.com/hack-heavy-duty-truck/ if a truck could be hacked.  “Clearly that depends on what type of equipment is installed in the truck,”  Omnitracs Senior Director of Product Management, Jeff Champa, slyly replied, explaining that the issue is one of security and sub-system access. “The sub systems on a vehicle may take action based on inputs from another subsystem on the vehicle. For example, a collision avoidance system may have the need to engage the braking system. Once the braking system is designed to take electronic input from another subsystem on the vehicle that exposes an attack point. Now consider the complexities of a vehicle network and telematics devices that essentially connect the vehicle to the Internet and you start to see the potential safety and security threats to a vehicle.”

27 – www.washingtonpost.com/business/2018/11/30/marriott-discloses-massive-data-breach-impacting-million-guests    Marriott Hotels admits data breach since 2014.  Where Samsung just settled an 11 year court battle brought because hundreds died or were made ill from unprotected chemical exposure.

http://www.engadget.com/2018/11/24/samsung-compensation-apology-for-ill-workers/“No apology would be enough when considering the deception and humiliation we experienced (from Samsung) over the past 11 years”.

26 –  The social media giant is facing fresh scrutiny after a New York Times investigation revealed how CEO Mark Zuckerberg and COO Sheryl Sandberg allegedly ignored warnings of a security breach and staged public campaigns to battle criticism rather than address the scandal. Following the report, the Open Society Foundations — whose founder, George Soros, was the target of a Facebook-linked smear campaign — called the strategy “reprehensible” and “dangerous.”

25 – www.researchgate.net/…/220615090_Computer_hacking_and_cyber…

– A book, published in 1999, (that is nearly 20 years warning ) which warns that      Cyber terrorists operate with a political agenda which means that these types of attacks, using telematics, will be more specifically targeted and aimed at more critical systems.

​24 – 2008 – www.truckinfo.net/trucking/stats.htm#Accident Stats It is an estimated over 3.5 million truck drivers in the U.S. Of that one in nine are independent, a majority of which are owner operators. Class 8 trucks accounted for 139.3 billion miles. Commercial trucks are involved in 2.4% of all car accidents. Trucks are 3 times less likely to be in an accident than a regular motor vehicle. over 500,000 truck accidents occur every year. More than 75% of truck driving accidents are due to the driver of the passenger vehicle. Only 16% of all truck driving accidents are due to the truck driver’s fault. Commercial trucks represent 3.9% of all vehicles registered in Manitoba and are involved in only 2.4% of all accidents. Tractor-trailers are involved less than 3% of all accidents. Truck-drivers were driving properly in over 70% of accidents involving trucks. Vehicle defects are a contributing factor in less than 1% of all truck accidents. Trucks are 3 times less likely to be involved in an accident than a car.The number of trucks involved in accidents in Manitoba is 20% fewer today than 10 years ago. Nationally the accident rate for tractor-trailers has declined over the past 20 years. (By way of comparison, between 1990-96 railway accidents in Canada increased 42%). 95% of the goods moved within Manitoba depend on trucks. So to propose digital chains on them for their purported transgressions, is patently self serving………………to the manufacturers.

​23 – June 2011 – Omnitracs first proposes using internet vs a USB connection.

On FMCSA’s own website, an independent testing lab wrote that “ELDs are too expensive and too open to takeover via the two way signal they use to operate. The lab recommended the flash drive/ USB device and the DOT enforcement community concurred.  Omnitracs, who is not an independent lab, but sits on the FMCSA advisory committee rebutted: “Given availability of more secure transmission mechanisms such as transmitting electronic driving records via a central server we see no practical reasons why FMCSA should allow transmitting electronic driving records via wired USB connections.” And it came to pass the ELD maker won, even though all these independent researchers and government agencies rebutted the safety of telematics.

​22 – April 3, 2014 – https://www.roanoketrade.com/cyber-liability-risks-transpo…/ In a recent report by PricewaterhouseCoopers, “Transportation & Logistics 2030, Volume 4: Securing the Supply Chain,” Data via web-based applications, are vulnerable to hackers and CAN ALSO ATTRACT CARGO THIEVES.

​21 – Aug 11, 2015 – https://arstechnica.com/…/hack-of-telematics-device-lets-at…… It’s fast becoming apparent that the CAN bus network—used by cars and trucks for the last two decades—can become a real liability once it’s connected to the Internet.

20 – March 6, 2016 – jcarlosnorte.com/…/hacking-tachographs-from-the-internets.h… You can even hack into the can bus of the vehicle remotely.

19 – March 18, 2016 – The FBI says car hacking is a real risk – https://www.cnet.com/roadshow/news/fbi-says-car-hacking-is-a-real-risk  The FBI has announced that it considers … hacking a real and present danger, and so should the general public and vehicle manufacturers. … with the Telematics Gateway Unit (TGU). This device can leak sensitive data, and the FBI has posited that the VEHICLES THEMSELVES PERHAPS CAN BE MANIPULATED VIA THE DEVICE.

18 – July, 14,2016 –  a 19 tonne cargo truck was deliberately driven into crowds of people celebrating Bastille Day on the Promenade des Anglais in Nice, France, resulting in the deaths of 86 people[2] and the injury of 458 others.[4] The driver was Mohamed Lahouaiej-Bouhlel, a Tunisian resident of France.[5][6]

August 2016 – “Following the use of a heavy-duty truck in a terrorist attack in Nice, France, last month. Assistant U.S. Attorney General John Carlin told Trucks.com that the federal government was worried that an increasing array of autonomous driving features, which is the installation of telematics, in trucks …could turn them into terrorist weapons.”

17 – https://www.popularmechanics.com/cars/a6700/top-automotive-engineering-failures-ford-pinto-fuel-tanks/     Ford Pinto’s gas tanks exploded when hit from behind.  Instead of fixing this, Ford did a cost-benefit analysis. To fix the problems would cost an additional $11 per vehicle, and Ford weighed that $11 against the projected injury claims for severe burns, repair-costs claim rate and mortality. The total would have been approximately $113 million (including the engineering, the production delays and the parts for tens of thousands of cars), but damage payouts would cost only about $49 million, according to Ford’s math. So the fix was nixed, and the Pinto went into production in September 1970.

​16 – https://www.npr.org/sections/thetwo-way/2017/05/18/528966358/4-car-companies-settle-takata-airbag-lawsuit-for-553-million

15 – August 2016 -/www.wired.com/2016/…/researchers-hack-big-rig-truck-hijack-accelerator-brakes. Remote telematics hacking studied at University of Michigan where the U of M researchers were keen to delve into the likelihood of carrying out the same type of hack,remotely via the telematics links

14 -Dec 12, 2016 – NHTSA warns of this: www.encompassrisksolutions.com/…/nhtsa-updated-cyber-securi… Cyber-attacks pose significant risks for both employers and employees. For example, successful cyber-attacks can TAKE COMMAND OF VEHICLE CONTROLS.

13 – Sept 2017 – http://tanktransport.com/…/09/cyber-attacks-threaten-truck…/ As connectivity and all its benefits continue to pervade the trucking industry, truck fleets, operators and their customers are becoming increasingly susceptible to cyber attacks. It’s not far-fetched to imagine cyber terrorists causing a driver to lose control of the safety-critical functions of his 80,000-pound truck as the result of a cyber attack. Such a scenario could potentially have devastating results.Attacks on a truck’s physical systems pose a costly threat to the transportation industry not only in terms of physical equipment and goods, but more importantly, human lives.

12 – https://www.cnbc.com/id/47700647 Hackers Could Access US Weapons Systems

​11 – Sept 03, 2008 – http://caselaw.findlaw.com/us-11th-circu…/1472639.htmlUnited States Court of Appeals,Eleventh Circuit. No. 07-11866 Landstar Inway, Inc., Qualcomm Incorporated, Defendant-Intervenor-Appellee.
Before EDMONDSON, Chief Judge, and KRAVITCH and ALARCÓN,* Circuit Judges.
*** We vacate the judgment because we conclude that the District Court erred in finding that Landstar was not required to disclose banking fee charges and document charge-back items. We also hold that the District Court erred in granting an injunction sealing the pricing information Omnitracs provided to Landstar.

​10 – Sept 7, 2017 – www.overdriveonline.com/hacking-trucks-cybersecurity-and-t…/ S

Owner-operator Chris Guenther knows what it feels like to lose some control over a truck’s electronics. Last summer, his Omnitracs telematics began switching log statuses flickering on and off. “My dashboard started popping all kinds of engine and re-gen codes,” Guenther says. “The truck then de-rated” slightly, but he was many miles away from a good place to get service or even pull off. Guenther called the shop that had just worked on the truck and was referred to Omnitracs, where a tech-support representative recommended a forced reboot. “He told me, ‘It’s going to shut down and reboot five times in a row,’ ” with about 10 seconds between each reboot, he says. “I’m still going 60 mph trying to keep it going. So he does that, and when the MCP50 shut down, so did my engine – 5 times.  Published proof that the ELD (MCP50) can shut a truck down.

9 – 2007 www.gpo.gov/…/p…/CHRG110shrg79551/html/CHRG-110shrg79551.htm “Federal Motor Carrier Safety Administration proposed in January to require recorders on as few as 465 of the more than 700,000 trucking companies in this country.”

​8- Jan, 2018 The Yale Law Journal, Vol. 27, No. 3 (Jan., 1918), pp. 331-347   www.jstor.org/stable/787437

Treason is the only crime specifically described in the Constitution. Article III, Section 3, provides:  As the Supreme Court said, as we have seen, in Sprott v. United States: “The case is not relieved of its harsh features by the finding of the court that the claimant did not intend to aid the rebellion, but only to make money. It might as well be said that the man who would sell to a lunatic, a weapon with which he knew the latter would kill himself, only intended to make money and did not intend to aid the lunatic in his fatal purpose.”45 (p15)

​7- May, 2012 – www.theguardian.com/…/…/29/cyber-attack-concerns-boeing-chip Researchers claim chip used in military systems and civilian aircraft has built-in function that could let in hackers. “The real issue is the level of security that can be compromised through any back door, and how easy they are to find and exploit,” Woods said, “a back door is an additional undocumented featured deliberately inserted into a device for extra functionality” – in effect, a secret way to get into the chip and control it.”

​6- www.fleetowner.com/…/data-breaches-it-s-4-million-incident-… The study also found that the average time it takes to identify a breach is about 201 days, with the average time needed to contain a breach at around 70 days. If you haven’t heard the terms “jamming” and “spoofing” in relation to trucking telematics before, you are not alone, Yet Guy Buesnel, product manager for the positioning & navigation business unit at Spirent Communications, warns that such activity has occurred in overseas freight markets and could eventually make their way here to the U.S. “GPS jamming is very prevalent right now, and the jamming equipment is easily procured and very inexpensive,” he told Fleet Owner. “We know that criminals are starting to use jammers to carry out crimes. For example, in Italy gangs have been targeting shipments of scrap metal. They hijack a truck, force the driver to pull over, hold the driver captive and then use a GPS jammer so the cargo can’t be tracked as they drive off with it.” In fact, industrial vehicles that often include telematics systems for fleet management may be easier to hack remotely than consumer vehicles.

​5- https://thecornerstoneforteachers.com/should-teachers-use-…/ Alright, that’s it. You guys can’t handle this activity, we’re shutting it down right now. Everybody, clean up. It’s over.”

​4- www.fmcsa.dot.gov/advisory-commit…/mcsac/welcome-fmcsa-mcsacMCSAC membership is balanced & composed of 18 experts from motor carrier safety advocacy, safety enforcement, industry, and labor sectors.

V = 5 vengence; P = 4 police; B = 3 bus; I = 1 insurance; MC = 3 mega carriers; L = 2 labor/drivers

16 out of 18 members are non drivers; 13 are hostile to drivers; ATA Vice President of Advocacy Bill Sullivan explained that ATA members are vehemently opposed to attempts, like the one by the House committee last week to delay the ELD

V (5) John Lannen, Chairman,directs the Coalition, CRASH and Parents Against Tired Truckers (PATT) , Norman Henry Jasny, Highway and Auto Safety .Mr. Jasny has served as General Counsel Jane Mathis, Parents Against Tired Truckers Jennifer Tierney, Alternate Voting Member, Citizens for Reliable and Safe Highways Stephen C. Owings, Road Safe America P (4) Bill Dofflemyer, Maryland Department of State Police , Colonel Scott Hernandez, Colorado State Patrol Robert Mills, Fort Worth, TX, Police Department Holly Skaar, Idaho State Police B (3) Bruce Hamilton, Amalgamated Transit Union, Peter Pantuso, American Bus Association Calvin Studivant, Community Coach I (1)David R. Parker, Great West Casualty Company MC (3) Jennifer Hall, American Trucking Associations Danny Schnautz, Clark Freight Lines,operations manager, Greer Woodruff, J.B. Hunt Transport L (2)J. Todd Spencer, Owner Operators Independent Drivers Association LaMont Byrd, Vice Chairman,L International Brotherhood of Teamsters (Labor).

​3 – Aug 11, 2016 – www.umtri.umich.edu/ 2901 Baxter Road, Ann Arbor, MI, 48109 (734) 764-6504 http://www.umtri.umich.edu/…/truck-hacking-experimental-ana… IN: Usenix WOOT, August 11-12, 2016, Austin, TX, USA.

https://www.usenix.org/…/c…/woot16/woot16-paper-burakova.pdf

AUTHORS: Yelizaveta Burakova, Bill Hass, Leif Millar, André Weimerskirch Consumer vehicles have been proven to be insecure; the addition of electronics to monitor and control vehicles functions have added complexity resulting in safety critical vulnerabilities. Heavy commercial vehicles have also begun addintg electronic control systems. We show how this…..openness gives easy access for safety-critical attacks. And though these experiments were done with a direct computer connection, we envision that soon remote attacks will be possible.

2 – www.cyberwar.news/2016-03–22-fbi-ntsb-warn-that-our-vehicle…www.fullyloaded.com.au/…/truck-hacking-experiment-proves-pa…researchers, 2013 study by the Defense Advanced Research Projects Agency found researchers could make vehicles “ suddenly accelerate, turn and kill the brakes”

www.kodsieengineering.com/commercial-vehicle-hacking-the-ne…

www.youtube.com/watch DEF CON 24-Cheap Tools fro Hacking Heavy Trucks

www.forbes.com/…/08/windows-pc-truck-telematics-hack-def-con

www.fleetowner.com/blog/how-exposed-trucking-data-theft  That’s especially true for many areas in trucking, where cargo theft remains a major problem – while data breaches only amplify the issue.

https://www.fbi.gov/…/international-conference-on-cyber-sec…

 

a green summary

This last proof, of violating Article 3 is based on the published fact that Russia, North Korea, China and Isis have all been guilty of cybercrime aimed at the US.  In fact, as early as 2015, Homeland security has known Russia has gotten into the control systems of our power plants, including our nuclear. Allowing the selling and installing of hackable telematics into 3 million moving 40 ton vehicles is handing the keys to the kingdom over to our enemies.​  No amount of smoke and mirrors can disguise this.

TS – Definition of Treason by The Supreme Court

The Supreme Court has said that “any person owing allegiance to an organized government, who makes a contract, by which, for the sake of gain, he contributes most substantially and knowingly to the vital necessities of a treasonable conspiracy against its existence, has committed treason to his government”.

As the Supreme Court said, in Sprott v. United States: “The case is not relieved of its harsh features by the finding of the court that the claimant did not intend to aid the rebellion, but only to make money. It might as well be said that the man who would sell to to a lunatic, a weapon with which he knew the latter would kill himself, only intended to make money and did not intend to aid the lunatic in his fatal purpose.”‘3

And again, in Hanauer v. Doane: “No crime is greater than treason. He who, being bound by his allegiance to a government, sells goods or makes goods available to the agent of an armed combination to overthrow that government, knowing that these agents will be able to use them for that treasonable purpose, is himself guilty of treason. He voluntarily aids the treason. Chief Justice Shaw, in the famous Webster murder case, states in a most lucid manner: “This rule is founded on the plain and obvious principle, that a person must be presumed to intend to do that which he voluntarily and wilfully does in fact do, and that he must intend all the natural, probable, and usual consequences of his own act.”

With the 25 peer reviewed studies and government warnings that prove that Omnitracs knew of the secret backdoor that is necessary to operate telematic equipment; with their own admission that this back door is a Trojan Horse; and by NHTSA’s own report on the hijacking potential of such telematics, a case can be made that these overt actions must needs be read as treason for profit.  Just like in Sprott and Hanauer v Doane, there is no possibility that the telematic manufacturers couldn’t have known of their device’s defect………….and they sold them to FMCSA and thus to us.  And now our roads, tunnels and bridges and the Americans that traverse them everyday, have become targets of our tech savvy enemies.

The Constitution tells us that  “The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

“Shall any man be above Justice? Above all shall that man be above it, who can commit the most extensive injustice?”

FORD, TOYOTA, AMAZON, MARRIOTT & FACEBOOK GOT CAUGHT.

HOW?  SAVE THIS SITE, OR PRINT IT.  WRITE/CALL YOUR AG, YOUR GOVERNOR, YOUR STATE & FEDERAL REPS, YOUR NEWSPAPER, YOUR CHURCH AND TELL THEM OUR CONSTITUTION HAS BEEN VIOLATED BY A LAW AND YOU WON’T STAND FOR IT!

BECAUSE

constitution for everyone

 

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