SB 2400 – Public Act 95-0994

Sponsored by Senator Link and Representative Ryg, Senate Bill 2400 established the Illinois Biometric Information Privacy Act (BIPA), which requires all private entities doing business in Illinois to adhere to a retention and destruction schedule of biometrics of the human body (fingerprints, voice prints, or iris scans). The legislation makes consent a prerequisite to the collection of biometrics by a private entity, prohibits private entities from selling biometrics and establishes minimal penalties for negligent mishandling of biometrics.

Learn more about biometric privacy rights..

Following Friday's first Presidential Debate, Senator Barack Obama of Illinois put out a campaign ad criticizing Senator John McCain for not using the words "middle class" during the 90 minute debate which was focused, at least partially on the economy.

I can't say whether or not the words "middle class" should have been mentioned - but what struck me is that, during a debate about who should be the next President of the United States, no one mentioned the word "Constitution."

The oath of office, administered to each incoming President does not pledge to "preserve, protect and defend" the economy, the middle class, the borders, or even the nation or the people of the United States. Instead each new President swears "that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." That's the oath they take standing in front of the nation.Those are the words that magically transform them from President-elect to President. So it'd be nice to know what they think it means - especially given the Bush Administration's disasterous relationship with our founding documents.

So, to the debate moderators for the next three presidential and vice presidential debates - how about a few of these questions:

• What does the Presidential oath mean to you? How would you uphold it?
• How do you reconcile your vote on the recent FISA reforms with the Fourth Amendment's requirement that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."?
• The Constitution is rooted in the ideas of separation of powers and checks and balances between the branches of government. Do you believe the Bush Administration has overstepped its Constitutional limits? What would you do, as President, to reimpose limitations on the executive branch?
• Is the vice presidency a part of the executive branch of government?
• The Fifth Amendment requires that "no person shall be.... deprived of life, liberty, or property, without due process of law...." Do you think our military prison at Guantanamo Bay meets this requirement? What would you do as President to rectify the situation?
• The Supreme Court has indicated that Congress' Legislative Powers include the power to issue legally binding subpeonas. Do you agree with that analysis? If so, does the Department of Justice have the right to refuse to enforce those subpeonas on the President's say-so?

Those are just a few of the questions I'd like the candidates to answer on live national televison - what say you?

 had the good fortune to find myself in line in a high school cafeteria yesterday. It's been a long, long time since I've had the opportunity to make a meal of tater tots and pizza.

I was there to talk to students about the Constitution and Bill of Rights - Sept. 17th was Constitution Day after all - and push them to think about why our system of limited government and civil liberties is important. I thought I was ready to answer the tough questions students might throw out (Skokie, Fighting Terrorism, 2nd Amendment). But what I was unprepared for was the level of enthusiasm of the students for discussing the constitutional issues that affect them most directly - they had very sharp opinions about student rights to free speech and privacy and they were excited about the upcoming election. I was really impressed by how many 18 year old students were already registered, and how many under-18s were mad about not being able to vote yet. I think the country will be in good hands.

The last time I lined up in a cafeteria for tater tots - I was in high school, and listened to an ACLU speaker talking about the importance of civil liberties (Charlie Hinkle of the ACLU of Oregon). I remember being inspired by his passion for justice and his willingness to discuss how the protections of the Constitution applied to us students. And I still remember he started by reciting - in Middle English - the opening sentence of the Canterbury Tales, which we were just learning.

I won't claim to have been as inspiring as Mr. Hinkle, but I really enjoyed my time talking about FISA and wiretapping with the students. And the tater tots were great.