Posts Tagged ‘civil liberties’

Constitution in Crisis :: BORDC July Newsletter

Monday, July 28, 2014 at 6:08 pm by

Constitution in Crisis

July 2014, Vol. 13 No. 07


Journalists reveal government monitoring political activists

Earlier this month, journalists revealed the names of five American targets of the NSA’s surveillance dragnet.  This was the first time that Americans who have never been arrested, or even suspected of terrorist activity, have been individually identified as targets for government monitoring.

Since the story was published, Greenwald has spoken candidly about the reasons for his delay in reporting the names, as well as why it matters. As he explained to Wired magazine, “This is the first time that there’s a human face on who the targets are….I think it’s important for people to judge—are these really terrorists or are these people who seem to be targeted for their political dissidence and their political activism?”



BORDC Analysis

Read the latest news & analysis from the People’s Blog for the Constitution

Have you read BORDC’s blog lately? The People’s Blog for the Constitution features news & analysis beyond the headlines.

Highlights include:

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Restore the Fourth works to strengthen the USA FREEDOM Act

Thursday, July 24, 2014 at 9:00 am by

Restore the Fourth’s Chicago chapter rang in July in a lively fashion. After the House of Representatives watering down the proposed USA FREEDOM Act to resemble “little more than a Trojan horse” languishing in congressional purgatory, privacy advocates reached out to US Senator Dick Durbin (D-IL) to invite him to strengthen the bill’s incarnation in the Senate.

In an email correspondence, organizer John Bumstead said his organization has engaged both Durbin’s office and the media. The group’s efforts focus on eliminating from the proposed legislation its measure extending for an additional two years beyond its present 2015 expiration date the sunset for Section 215 powers  under the Patriot Act.

Restore_the_Fourth_Logo

RT4 Chicago is planning a weekly flyering/postcard campaign in support of a Patriot Act Section 215 sunset pledge, which would formally usher the controversial law out of existence by adhering to the 2015 expiration date. Bumstead says the campaign’s rationale lies in the relative ease of convincing legislators to not vote for something to continue as opposed to sticking their necks out in support of something. He adds the campaign may also switch gears as necessary to focus on other topics, such as killing the USA FREEDOM Act if his group is dissatisfied with the resulting bill.

Chicago residents moved by RT4’s work attended a public meeting on July 3 at Chicago’s CivicLab and are organizing an RT4-wide event in honor of Orwell Day on August 4.

How the NSA’s surveillance programs undermine Internet security

Thursday, July 17, 2014 at 11:41 am by

Over the last year, nearly all the news and outrcy about the National Security (NSA) has focused on its programs to collect phone records and spy on Internet communications.  However, the NSA is also engaging in secretly undermining essential encryption tools and standards and, among other things,  putting backdoors into computer hardware and software products.

Not only have they stockpiled the vulnerabilities in commercial software we use every day rather than attempting to fix those security flaws, they have been putting spyware into computers around the world by impersonating popular sights like Facebook and LinkedIn.  They have even gone so far as to hack into Google and Yahoo’s private data links.

Congress has finally started paying attention to these disturbing actions.  In June, the House voted to approve two amendments to defund the NSA’s attempted to undermine encryption standards and to insert surveillance backdoors into the communications technologies we rely on.  Repesentatives Zoe Lofgren and Alan Grayson sponsored these amendments. (more…)

BORDC joins ACLU brief challenging NYPD spying

Monday, July 14, 2014 at 12:57 pm by

Last Thursday, BORDC signed on to a friend-of-the-court brief submitted by the American Civil Liberties Union of New Jersey in the case of Hassan, et al., v. City of New York, which challenges the New York City Police Department’s (NYPD) surveillance of Muslims, mosques, and Muslim-owned businesses in New Jersey. The brief, which was submitted to the United States Court of Appeals for the Third Circuit, explained that the lower court erred when it issued a decision in February dismissing the plaintiffs’ claims.

hassan

Other organizations on the brief included Latino Justice PRLDEF, the Mexican-American Legal Defense and Education Fund, the Garden State Bar Association, the Hispanic Bar Association, and the Association of Black Women Lawyers of New Jersey.

“When a person presents evidence that a government agency has singled them out for harsher treatment because of their race, ethnicity or religion, the government bears a heavy burden of justifying its actions,” stated Rutgers Law School-Newark’s Acting Dean Ronald Chen, who is serving as the ACLU-NJ’s cooperating counsel in the case. “The plaintiffs deserve to have their day in court to challenge being profiled by the NYPD.” (more…)

From cops to soldiers: the American police state and the militarization of law enforcement.

Thursday, July 10, 2014 at 2:51 pm by

These are busy times for the Border Patrol, the custom agents, immigration folks; but if we are going to send these agencies to fight a war on drugs, to fight a war against illegal behavior, we have to send them the proper tools.

– Then-Mayor of San Diego, Bob Filner

Since President Richard Nixon declared the War on Drugs in June 1971, the United States has spent nearly $1 trillion on a vicious campaign that has served as a means to subjugate, terrorize, and control. Nonviolent drug abuse violations remain the single most common offense, accounting for over 1.5 million individuals arrested in 2012.

SWAT

With the rate of unsolved homicides skyrocketing over the past 50 years, it is has become increasingly clear that the failed War on Drugs has only perpetuated violence on the streets of America’s most destitute communities. In the words of H.R. Haldeman, President Richard Nixon’s White House Chief of Staff, “[T]he whole problem is really the blacks. The key is to devise a system that recognizes this while not appearing to.” Despite the seemingly obvious facts that speak against these tough-on-crime policies, the war wages on throughout the nation, as low-income communities and communities of color continue to be targeted in an effort to destabilize the urban family.

This rise of militarism in American policing has come about without public discussion, and is often accompanied with a lack of both local and federal oversight. Maryland stands as the only state in the country that requires law enforcement agencies with a SWAT team to submit semi-annual deployment information, a law that was enacted after a small-town mayor was held at gunpoint for hours by the Prince George County SWAT team on false pretenses.  The SWAT team proceeded to murder two of his dogs.

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The Court finally shows up for work (Part I)

Thursday, June 26, 2014 at 6:11 pm by

The Supreme Court’s unanimous ruling in Riley v. California and US v Wurie has been hailed as a breakthrough for digital privacy, and it is. Lost in most celebration of the Court finally joining the 20th century, however, is an understanding of how it got there. Why this ruling came down in 2014 is crucial to understand for future debates over any number of issues.

A watershed case: the Court acknowledges digital privacy

Riley represents the first time the Supreme Court has even attempted to meaningfully embrace the privacy issues presented by the digital age.

A recent prior case, US vs Jones, addressed GPS tracking by local police. Jones vindicated checks on runaway executive power, though not on privacy grounds. While the Jones ruling rejected extended police GPS surveillance without a warrant, it did so on property grounds, protecting for landowners interests denied to others (namely, anyone who parks a car on a street, rather than behind a fence).

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“The fault line is shifting”

Wednesday, June 25, 2014 at 5:12 pm by

Earlier this week, BORDC’s Shahid Buttar appeared on The Big Picture with host Thom Hartmann to explain what he described as a “game changer” on congressional NSA reform, and to relate how members of Congress found “an alternative outlet for their outrage” about NSA spying.

Shahid explained that:

The last thing that had happened in Congress was a very meager version of the USA Freedom Act passing the House, and that could ultimately [do] more harm than good. The amendments to the House Defense Appropriations bill last week…reflected essentially a response by members of Congress who were frustrated by the White House and the Republican leadership of the House gutting the USA Freedom Act, and finding an alternative outlet for their outrage….

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House moves to rein in NSA Internet surveillance

Friday, June 20, 2014 at 11:13 am by

A year after whistleblower Edward Snowden revealed pervasive dragnet spying by the National Security Agency, Congress has finally begun to take action. Last night, the House “unexpectedly and overwhelmingly” voted in favor of a measure imposing two major limits on the NSA’s domestic dragnet.

By a wide and revealing margin, 293 Representatives came together across party lines to approve an amendment to a military spending bill that — if ultimately signed into law after agreement in the Senate – could deny funding to two particular NSA abuses.

First, the amendment aims to effectively prohibit NSA queries taking advantage of a “backdoor search loophole” (in which the NSA collects information about Americans by designating a foreigner with whom they communicate as the ”target” of their search). It would also prohibit the NSA from building security vulnerabilities into tech products made in the US, as it has for “computers, hard drives, routers, and other devices from companies such as Cisco, Dell, Western Digital, Seagate, Maxtor, Samsung and Huawei.”

Members of Congress from both major parties expressed the widespread popular outrage underlying the vote. According to a joint statement by Representatives Sensenbrenner (R-WI), Lofgren (D-CA), and Massie (R-KY), “Americans have become increasingly alarmed with the breadth of unwarranted government surveillance programs.” Rep. Massie also put it more colorfully, explaining that ”The American people are sick of being spied on,” evoking the words of Rep. Tulsi Gabbard (D-HI), who sharply criticized “this dragnet spying on millions of Americans.”

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Retired Air Force officer exhorts Americans to challenge “Fortress America”

Tuesday, June 17, 2014 at 11:06 am by

Reflecting on his 20 years of military service as a US Air Force officer, and noting the dramatic changes in both law & culture over the past decade, Lt. Colonel (ret.) William J. Astore wrote last week about the acquiescence of Americans to what he describes as “Fortress America.” In Uncle Sam Doesn’t Want You—He Already Has You, Astore exhorts Americans to challenge the national security state in order to preserve basic liberty principles.

Referencing young people who may not recall an era in which privacy was ever respected, he explains:

Many of the college students I’ve taught recently take such a loss of privacy for granted. They have no idea what’s gone missing from their lives and so don’t value what they’ve lost or, if they fret about it at all, console themselves with magical thinking—incantations like “I’ve done nothing wrong, so I’ve got nothing to hide.” They have little sense of how capricious governments can be about the definition of “wrong.”

Astore goes on to note the sycophancy of Hollywood, reflected in movies repeatedly glorifying US intelligence agencies despite their serial crimes, in sharp contrast to the films of the 1970s and 1980s that offered storylines and narratives more reflective of the agencies actual behavior.

He also takes on border security and police militarization:

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Senate Intel Committee exhorted to move beyond USA Freedom Act

Wednesday, June 11, 2014 at 3:59 pm by

Last week, on June 5, the Senate Select Committee on Intelligence held a hearing on the Foreign Intelligence Surveillance Act (FISA) and legislative proposals to reform its provisions to address systemic abuses by the National Security Agency (NSA). C-SPAN recorded the hearing, and has posted both video and full text of the testimony and exchanges with Senators.

Harley Geiger from the Center for Democracy & Technology delivered especially informative testimony, explaining that:

Although questions remain and further debate is needed in many areas, a near consensus has emerged on a critical issue that has been of central focus to the American public: The government’s bulk collection of records of phone calls and emails to, from and within the United States is both intrusive and unnecessary, and Congress must act to prohibit this activity.

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