Posts Tagged ‘NDAA’

SCOTUS supports indefinite detention

Tuesday, May 6, 2014 at 9:21 am by

prison-planet-ndaa-imageOn Monday April 28, the Supreme Court decided not to consider Hedges V. Obama, a case questioning whether or not the government should have the power to indefinitely detain individuals­—American citizens as well as foreign nationals—without trial or evidence of a crime.

Hedges v. Obama: The Supreme Court digs its head deeper into the sand

Tuesday, April 29, 2014 at 9:57 am by

531699_4204929693601_147805002_nOn Monday, the Supreme Court declined to consider Hedges v. Obama, a constitutional claim challenging a law that could enable the indefinite military detention of US citizens—within the US—without trial, charge, or evidence of crime. The decision is remarkable, both for its implications for fundamental rights, and its reflection on judicial independence.


President’s review group puzzler: why is massively overbroad surveillance wrong under 215 but OK under section 702?

Tuesday, January 14, 2014 at 9:09 am by

Original commentary provided by Cindy Cohn and April Glaser and published to EFF’s Deeplinks Blog on January 10, 2014.

obamawinkThe report from the President’s Review Group on Intelligence and Communications Technologies on the U.S. government’s mass spying—domestically and around the globe—has much that’s good in it. As the folks handling the only ongoing case where National Security Letters have been declared unconstitutional, we also especially appreciate the recommendation that NSLs may only be issued after judicial review and subject to significant additional limitations. We appreciate their strong endorsement of strong, non-backdoored encryption. And we never thought we’d see a presidential panel explain the risks posed by the government’s stockpiling of Zero Days rather than making sure that they are fixed.

News Digest 12/12/13

Thursday, December 12, 2013 at 5:00 pm by

Current News 

12/11, Kevin Johnson, USA TodayNSA director defends surveillance programs as necessary

12/11, Allya Sternstein, Nextgov, NSA Spends $1 Billion on Crypto – A Fraction of Total Spy Budget, Researchers Say

12/11, Libby Nelson, Politico, Education in the budget deal — NDAA — A 44-year lobbyist’s parting thoughts

12/11, Mark Gordon, Aleteia, The militarization of American policing

12/11, Adnan Falak, The Nation, Why we can’t stop drones

12/10, Chelynne Renouard, Desert News, Pew: Public divided on whether drones, surveillance, conflict in Afghanistan keep Americans safe

News Digest 11/22/13

Friday, November 22, 2013 at 5:00 pm by

Current News 

11/21, Mark Joseph Stern, Slate, Hayden Sees No End In Sight for the NSA

11/21,The Guardian, UN draft resolution: the right to privacy in the digital age – full document

11/20, Charlie Savage, New York Times, Warrantless Surveillance Continues to Cause Fallout

11/19, John T. Bennett, Defense News, Senate NDAA Amendments Piling Up, Many More Expected

11/18, Adam Liptak, New York Times, Justices Reject Challenge to N.S.A. Program

News Digest for 11/14/13

Thursday, November 14, 2013 at 5:00 pm by

11/13, Scot Neuman, NPR, Obama’s Surveillance Review Panel Issues Initial Findings

11/13, Paul McLeary, Defense News, DHS Nominee Backs Controversial Interrogation Methods

11/13, Ari Shapiro, NPR, How Obama’s Response To NSA Spying Has Evolved

11/13, Tom Gjelten, NPR, Who Gets The Blame For NSA Spying? NSA Says Not Us

11/12, J. Taylor Rushing, Stripes, Reid’s office: 2014 NDAA headed for Senate floor this week

11/10, Tom Burghardt, Global Research, The U.S. Secret State and the Internet: “Dirty Secrets” and “Crypto Wars” from “Clipper Chip” and ECHELON to PRISM

11/7, Fran Berkman, Mashable, Report: CIA Pays $10 Million Yearly for AT&T Call Data

Momentum builds to limit the detention powers of the NDAA

Wednesday, October 23, 2013 at 12:26 pm by

indefinite-2013-ndaa-warOn October 9, the town of Oxford, MA passed a resolution limiting the detention powers of the National Defense Authorization Act of 2012 (NDAA). The resolution also made the provision that the Massachusetts legislature must “recognize the duty of the Commonwealth of Massachusetts to interpose itself between unconstitutional usurpations by the federal government or its agents and the people of this state.”

The city council of Worcester, MA, the state’s largest city after Boston, considered such a resolution on Tuesday, October 15. While it was referred to the council’s Rules Committee, Benjamin Selecky, the Massachusetts representative for People Against the NDAA (PANDA), said the council was strongly supportive. Selecky added that the council stated their wish to educate the public about indefinite detention by putting the draft resolution through the standard approval process, including a public hearing.


Albany’s on its way to becoming the next city to challenge federal indefinite detention

Friday, October 4, 2013 at 8:00 pm by

obama indefinite detention hypocriteOn October 2, 2013, Anton Konev, City of Albany Common Council member, introduced Resolution #80.92.13, adding his voice to mounting dissent in the Albany City Council towards the detention provisions within the National Defense Authorization Act (NDAA). The resolution aims to repeal Sections 1021 and 1022 in the NDAA, which could allow anyone, including US citizens, anywhere in the world to be indefinitely detained without trial.

The resolution points out that:

[T]he U.S. Supreme Court has ruled that neither Congress nor the President can constitutionally authorize the detention and/or disposition of any person in the United States, or citizen of the United States “under the law of war” who is not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” or in subsequent cases as “part of or supporting forces hostile to the United States or coalition partners” and who have “engaged in an armed conflict against the United States” while “in a foreign combat zone;”


California outlaws indefinite detention

Thursday, October 3, 2013 at 10:13 am by

ndaaOn Tuesday, October 1, California Governor Jerry Brown signed the California Liberty Preservation Act, also known as AB 351, into law. California is among several states state to legally prohibit state law enforcement agencies from sharing information or assisting federal agencies that could arrest and indefinitely detain people without trial.

This bill was created in an effort to safeguard the public’s Sixth Amendment rights by nullifying Section 1021 of the National Defense Authorization Act (NDAA) of 2012, signed into law by President Obama. The Bill of Rights Committee played a critical role in mobilizing broad grassroots coalitions in both northern and southern California that jointly mobilized to raise concerns about indefinite detention under the NDAA and ultimately helped prompt this resolution.


AB 351 Passes The California Senate, Strikes A Blow Against Indefinite Detentions

Tuesday, September 10, 2013 at 8:09 pm by

A major victory for civil liberties was won in the California senate recently with the near unanimous passage of AB 351, a law that would ban state participation in federal programs that involve indefinite detention.

If you haven’t noticed, efforts to advance public policy have come to be defined by partisanship, bickering and endless stall tactics. Despite this adversarial climate, when it came to acknowledging the terrible policy of holding people indefinitely with no trial and no recourse, representatives from all sides of the political spectrum crossed party boundaries to cast their vote in opposition to this horrific practice.

If made law, AB 351 would prohibit state law enforcement agencies from sharing information, collaborating in any way or otherwise assisting in federal agencies that could arrest and hold people in a facility like Guantanamo Bay. This would mean extricating state participation in fusion centers and eliminating personnel and resource commitments in partnership with the armed forces when arrest and prosecution resulting in indefinite detention could occur.