Tuesday, August 31, 2004

Bush Forms Civil Liberties Board

Wired reports: "In an executive order issued on Friday night, President Bush responded to a key 9/11 commission recommendation by creating a civil liberties board composed of high-level government officials tasked with making sure their agencies' programs do not violate privacy and civil rights laws. Civil liberties advocates blasted the board, comparing it to the proverbial 'fox guarding the hen house,' and questioned how it could be effective without outside appointees and independent investigative powers."

Monday, August 30, 2004

Patriot Act debate continues

"'If you don't know how it's being used, you don't know if it's being abused,' says ACLU of Connecticut executive director Theresa Younger, criticizing the lack of checks and balances she sees in the USA PATRIOT Act. 'It's essential that people trust their government to some extent. Let's face it, without the PATRIOT Act, law enforcement still has a lot of invasive tools in its arsenal. But I think that the necessary safeguards are in place that really mandate that we use the act correctly,' counters U.S. Attorney for Connecticut Kevin O'Connor." The Hour Online has this account.

Patriot Act used to deport man

The Oklahoma Daily reports: "DENVER — A man accused of attending a terrorist training camp was deported Thursday to Pakistan. Sajjad Nasser, 29, was deported under a section of the Patriot Act that expands the legal definitions of terrorist organizations and acts, said Corina Almeida, chief counsel for U.S. Immigration and Customs Enforcement."

Secret Court Poses Challenges

"The Justice Department has argued in a recent court case that librarians, booksellers and other businesses can easily challenge a controversial provision of the USA Patriot Act by appealing to a super-secret court that approves surveillance of terrorists and foreign intelligence agents. The only problem, according to a document released last week, is that the same court does not allow anyone but government attorneys and agents inside its doors." The Washington Post has this article.

Famed lawyer will represent Muslim accused in bombing

The Oregonian reports: "Brandon Mayfield, the Portland-area lawyer and Muslim convert wrongly accused in the deadly Madrid train bombing, has hired celebrity trial lawyer Gerry Spence in a possible civil suit against the federal government."

Friday, August 27, 2004

Civil libertarians protest town's political-sign law

"A quiet Adirondack town that boasts Gov. George Pataki as one of its part-time residents has come under fire from civil libertarians, who claim a local law restricting the display of political signs violates the First Amendment. Since June 2003, the town of Essex along the shore of Lake Champlain has enforced a law that prohibits people from posting political yard signs until 30 days before Election Day." Newsday.com has this article.

U.S. to Take Over Terrorist Watch Lists

The AP reports: "The government will take over the task of checking the names of airline passengers against terrorism watch lists, saying it can do a more comprehensive and secure job than carriers. Privacy advocates, who scuttled an earlier plan to screen airline passengers, said they weren't sure the new system was much better."

Thursday, August 26, 2004

Wisconsin city's payment to end dispute over anti-Bush sign

"A payment of more than $12,000 will end a civil claim filed on behalf of a man who held a controversial sign as a presidential motorcade passed through Platteville in May, his attorney says." AP reports here.

Wednesday, August 25, 2004

The FBI's Pre-Emptive Interrogations Of "Possible" Demonstrators:

"The FBI, no longer content with working to maintain order at political events, is now preemptively identifying and interrogating ("interviewing") possible demonstrators. It has summarized this strategy in a memo. To make matters worse, the Department of Justice blessed the FBI strategy in its own memo - suggesting that no First Amendment concerns are raised by the interrogations. As I will explain in this column, however, the truth is quite to the contrary: The strategy, as outlined in the memo, is a serious threat to free speech." Bob Barr has this article in Findlaw.com.

Feingold Campaign: Michels Intentionally Distorts Feingold Position on Patriot Act

"Milwaukee -- In his new television commercial, Tim Michels intentionally distorts the reasons Senator Russ Feingold voted against the USA PATRIOT Act. In fact, contrary to Michels assertion, Senator Feingold strongly supports the ability of law enforcement to use 'roving wiretaps' and monitor multiple phones of suspected terrorists. 'This is a dishonest portrayal of Senator Feingold’s position on the USA PATRIOT Act, and Tim Michels knows it,' said George Aldrich, Campaign Manager." WisPolitics.com has this press release.

Tuesday, August 24, 2004

Army: JetBlue Data Use Was Legal

Wired reports: "An Army data-mining project that searched through JetBlue's passenger records and sensitive personal information from a data broker to pinpoint possible terrorists did not violate federal privacy law, according to an investigation by the Army's inspector general. The inspector general's findings were accepted by some, but critics say the report simply highlights the inability of the country's privacy laws to cope with 21st-century anti-terrorism efforts."

Liberty vs. security

Arbiter Online reports: "To the Justice Department, last month’s investigation of three antiwar protesters from Kirksville, Mo., is about preventing violence during the election. But to the young men involved, it is a story of government intimidating people for speaking their minds."

Anti-Terrorism Tip: Quit Spying on Nonviolent Activists

"They're at it again. FBI agents in recent weeks have been visiting and interrogating dozens of young activists believed to be planning or considering protests at the Democrat and Republican conventions. The New York Times exposed the FBI's home visits and intimidating interviews last week in a report headlined 'FBI Goes Knocking for Political Troublemakers' -- those last two words tell us more about Times bias than about the activists in question. With Al Qaeda and similar terrorists bent on murdering as many ordinary Americans as possible, why would the FBI divert resources and personnel to protesters and nonviolent civil disobedients?" Common Dreams has this article.

Kiss Your Rights Goodbye

"A curious feature of the Patriot Act is that it authorizes virtually nothing that would effectively prevent terrorists from hitting American targets. Like other 'emergency' measures since 9-11, it attacks Americans. Racial profiling, arbitrary searches and seizures, roving wiretaps and judge-less warrants, harassment of nonviolent activists, indefinite detention without probable or even improbable cause, and guilt by association are only a few of the 'appropriate tools required to intercept and obstruct terrorism.' Not all of them are stipulated in the Patriot Act, but such has been its use-value." Gary Indiana of The Village Voice rages here.

Monday, August 23, 2004

Group protests Patriot Act in Escondido

"Waving flags and picket signs, a group of about 20 people rallied outside a local congressman's office Saturday morning to protest the USA Patriot Act, a law they said curbs civil liberties and encroaches on people's right to privacy. The rally, organized by the anti-war North County Coalition for Peace and Justice, began outside Rep. Randy "Duke" Cunningham's office in Escondido. Organizers said they targeted the Republican congressman because he supported the Patriot Act. After about an hour, the group marched through downtown to the Escondido Public Library on Kalmia Street, where several local activists and political candidates spoke to a small crowd of supporters." The North County Times has this account.

Ashcroft Defends FBI Protester Interviews

"Attorney General John Ashcroft defended FBI interviews of some political protesters around the country before last month's Democratic convention in Boston, which critics described as an intimidation tactic. At a news conference Friday, Ashcroft said FBI agents interviewed only protesters they believed were plotting to firebomb media vehicles at the Democratic convention or might have known about such plots." AP reports here.

Saturday, August 21, 2004

Hundreds Report Watch-List Trials

The Washington Post reports: "For more than a year and a half, Rep. John Lewis has endured lengthy delays at the ticket counter, intense questioning by airline employees and suspicious glances by fellow passengers. Airport security guards have combed through his luggage as he stood in front of his constituents at the Atlanta airport. An airline employee has paged him on board a flight for further questioning, he said. On at least 35 occasions, the Georgia Democrat said, he was treated like a criminal because his name, like that of Sen. Edward M. Kennedy (D-Mass.), appeared on a government terrorist watch list."

Friday, August 20, 2004

Board Adopts Resolution Against USA Patriot Act

"More than a year after the city of Arcata criminalized compliance with it, the Humboldt County Board of Supervisors adopted a resolution 'limiting support for the USA Patriot Act.' 'The Humboldt County Human Rights Commission has determined the new powers, granted under the Patriot Act, appear to have weakened or eliminated the traditional checks and balances available to protect civil rights and civil liberties of Humboldt County residents and appear to foster racial and religious profiling, particularly against those of Arab-American, Muslim and south Asian backgrounds,' the resolution states." The Eureka Reporter has this article.

Ted Kennedy finds it hard to be taken off federal 'no-fly' list

"Sen. Edward 'Ted' Kennedy said yesterday that he was stopped and questioned at East Coast airports five times in March because his name appeared on the government's secret 'no-fly' list. Federal air security officials said the initial error that led to scrutiny of the Massachusetts Democrat should not have happened even though they recognize that the no-fly list is imperfect. Privately, they acknowledged being embarrassed that it took the senator and his staff more than three weeks to get his name removed." The Lexington Herald-Leader reports here.

Wednesday, August 18, 2004

Inquiry Into F.B.I. Questioning Is Sought

NYTimes reports: "Several Democratic lawmakers called on Tuesday for a Justice Department investigation into the Federal Bureau of Investigation's questioning of would-be demonstrators about possible violence at the political conventions, saying the questioning may have violated the First Amendment. In a letter to the department's inspector general seeking an investigation, the three lawmakers said the F.B.I. inquiries appeared to represent 'systematic political harassment and intimidation of legitimate antiwar protesters.' Signing the letter, which was prompted by an article on Monday in The New York Times, were Representative John Conyers Jr. of Michigan, the ranking Democrat on the House Judiciary Committee, and two other Democrats on the panel, Jerrold Nadler of New York and Robert C. Scott of Virginia."

Tuesday, August 17, 2004

ACLU Head: You, Too, Could Be A Suspected Terrorist

"Antonio Romero is what my mother calls me. Antonio Romero is also how I am known to many of my friends and family members. Unfortunately, the name Antonio Romero also appears on a U.S. Treasury Department list titled "Specially Designated Nationals and Blocked Persons." The government provides only this name, some known aliases and a date of birth for Antonio Romero. No further attempt is made at delineating one Antonio Romero from the next. A quick Internet search found no fewer than 10 of them in New York, not to mention four Anthony Romeros." The Washington Post has this op-ed.

Monday, August 16, 2004

Goss’s Wish List

"Rep. Porter Goss, President Bush’s nominee to head the CIA, recently introduced legislation that would give the president new authority to direct CIA agents to conduct law-enforcement operations inside the United States—including arresting American citizens. The legislation, introduced by Goss on June 16 and touted as an 'intelligence reform' bill, would substantially restructure the U.S. intelligence community by giving the director of Central Intelligence (DCI) broad new powers to oversee its various components scattered throughout the government." Newsweek has this article.

F.B.I. Goes Knocking for Political Troublemakers

NYTimes reports: "The Federal Bureau of Investigation has been questioning political demonstrators across the country, and in rare cases even subpoenaing them, in an aggressive effort to forestall what officials say could be violent and disruptive protests at the Republican National Convention in New York."

Patriot Act Debated

"WHEELING -An ordinance calling for Wheeling to become a "Patriot Act-free" zone may find its way onto the desks of city council members in the near future, according to a spokesman for the West Virginia Chapter of the American Civil Liberties Union. State ACLU Executive Director Andrew Schneider said there are ongoing efforts to introduce ordinances in Wheeling and Morgantown similar to one recently passed by Huntington City Council. Schneider's comments came just hours after Thomas E. Johnston, U.S. Attorney for the Northern District of West Virginia, spoke before the Wheeling Kiwanis Club on Thursday in support of the Patriot Act." The Intellinger has this article.

Saturday, August 14, 2004

Big Business Becoming Big Brother

Wired reports: "The government is increasingly using corporations to do its surveillance work, allowing it to get around restrictions that protect the privacy and civil liberties of Americans, according to a report released Monday by the American Civil Liberties Union, an organization that works to protect civil liberties. Data aggregators -- companies that aggregate information from numerous private and public databases -- and private companies that collect information about their customers are increasingly giving or selling data to the government to augment its surveillance capabilities and help it track the activities of people."

Salman Rushdie on Terrorism, Intellectual Freedom and the Patriot Act

"SALMAN RUSHDIE: I wanted to start by saying that I don't think any of us who are at this event delude ourselves about terrorism. Terrorism does exist. In this city of all cities, we know that. We know what when it exist, what it exists to do, what it has done, what it tries to do. We know it exists and must be fought. I don't think any of us would question that. How we fight it in my view is going to be the great civilizational test of our time. Will we become our enemy or not?" Democracy Now has this speech.

Friday, August 13, 2004

Board to Consider Resolution Regarding USA Patriot Act

"More than a year after the city of Arcata criminalized compliance with it, the Humboldt County Board of Supervisors will consider adopting a resolution 'limiting support for the USA Patriot Act.' A draft of a Patriot Act resolution was presented for the board’s consideration in fall 2003 when it was referred to the Human Rights Commission and County Counsel. According to the board agenda packet, the commission and counsel considered several drafts since and a final draft was approved for submission to the board on July 6." The Eureka Reporter has this article.

Mayor says civil liberties must be protected

The Common Denominator reports: "Mayor Anthony A. Williams says that civil liberties must be protected during a time of heightened national security. Williams' comments, made during his weekly press briefing on Wednesday, criticized the actions of U.S. Capitol Police officers who detained The Common Denominator's editor and publisher, Kathryn Sinzinger, and reporter Michael Hoffman at separate locations on Aug. 6 after the two journalists snapped pictures of roadblocks near congressional office buildings. 'We all recognize that Capitol police have to do their job,' the mayor said. 'However, we disagree with some aspects of (their job) ... rights have to be respected.'"

Thursday, August 12, 2004

Tyranny in the Name of Freedom

"So it has come down to this: You are at liberty to exercise your First Amendment right to assemble and to protest, so long as you do so from behind chain-link fences and razor wire, or miles from the audience you seek to address." The New York Times has this commentary.

Durbin urges changes to federal Patriot Act

Algonquin Countryside reports: "U.S. Sen. Dick Durbin (D-IL) was at the Cary Area Public Library Tuesday, urging adoption of legislation to amend the USA Patriot Act, which Durbin said currently grants the FBI broad, unchecked power to monitor American citizens. Durbin was joined by public library officials from the North Suburban Library Systems who are concerned about the government's authority to seize records of books checked out of the library. The Security and Freedom Ensured (SAFE) Act, sponsored by Durbin and U.S. Sen. Larry Craig (R-Idaho), is a bipartisan bill designed to limit law enforcement's authority without impeding its ability to investigate and prevent terrorism, Durbin said."

Wednesday, August 11, 2004

B.C. privacy commissioner's report into U.S. Patriot Act delayed

The Province reports: "VICTORIA (CP) -- B.C.'s information and privacy commissioner has delayed the release of his advisory report on how the U.S. Patriot Act could affect Canadians because of the sheer volume of responses he's gotten during his inquiry."

Using The Patriot Act To Target Patriots

"John Kerry voted for the anti-terrorist law, the USA Patriot Act, but now wants to change it and replace Attorney General John Ashcroft with someone 'who actually upholds the Constitution of the United States.' However, the liberal critics never cite alleged 'abuses' under the law involving the anthrax investigation, which has been driven by Kerry’s Democratic colleagues, Senators Patrick Leahy and Thomas Daschle. The Patriot Act has been used to obtain search warrants against doctors and scientists who had been warning about the threat of bioterrorism in the U.S. The most prominent such cases are Dr. Steven Hatfill and now Dr. Kenneth Berry. No evidence has been produced against either man, but the highly publicized raids on their homes—and the media feeding frenzy—give the fleeting impression that the Bureau is making progress." American Daily has this article.

No-fly list raises civil-liberty concerns

"The Sept. 11 Commission wants the government to expand the no-fly list airlines now check to keep suspected terrorists off planes, consolidating as many as 12 secret lists maintained by different intelligence agencies. That worries the American Civil Liberties Union, which has already sued the government, saying the airlines' effort to keep terror suspects and other dangerous people off planes ensnares innocent passengers and subjects them to unnecessary searches and delays. Also, the government provides no way for those wrongly named to get themselves removed." The Seattle Post-Intelligencer reports here.

Tuesday, August 10, 2004

Patriot Act opposed by Nevada City

The Union reports: "Citing the need to uphold the Constitution, four Nevada City City Council members voted to oppose the USA Patriot Act Monday night, delighting dozens of the anti-terrorism act's foes who packed the chambers for a second evening of debate."

Monday, August 09, 2004

Civil liberties body comes to aid of harassed Muslims

"The American Civil Liberties Union announced Thursday that it is working with lawyers around the country to offer free legal representation to anyone who is approached by the FBI during its latest round of 'dragnet' interviews of Arabs and Muslims. 'This dragnet technique used by the FBI is simply racial profiling and violates our most cherished fundamental freedoms,' according to Dalia Hashad, the ACLU’s Arab, Muslim and South Asian Advocate. 'Casting blanket suspicion on an entire religious and ethnic community is not a productive means of protecting national security or civil liberties,' added the official." Pakistan's Daily Times has this article.

Saturday, August 07, 2004

Sensing the Eyes of Big Brother, and Pushing Back

The New York Times reports: "TUMWATER, Wash. - After saluting the flag and purring over a potluck invitation from the Veterans of Foreign Wars, the City Council of this town of 13,000 got down to the business of the night: a public hearing on whether to oppose the USA Patriot Act. Liberals quoted Newt Gingrich, the Republican former House speaker, who says that the federal law passed just after the Sept. 11 attacks needs to be reined in to protect basic civic birthrights."

Friday, August 06, 2004

U.S Patriot Act a 'red herring,' ITAC says

Globeandmail.com reports: "TORONTO, Aug. 6 — The Information Technology Association of Canada has called the U.S Patriot Act a 'red herring' when it comes to concerns about privacy of Canadians. In a submission filed with the Information and Privacy Commissioner for British Columbia, ITAC argued that outsourcing is a beneficial force for governments and their taxpayers and citizens. It also explains that the U.S. Patriot Act is not a logical vehicle to access Canadian personal information held by U.S.-linked outsourcing companies in the performance of Canadian outsourcing contracts."


Case rails against U.S.A. Patriot Act

"LARAMIE -- Portions of the U.S.A. Patriot Act undercut Americans' constitutional rights but do not make the country safer, Republican U.S. House hopeful Cale Case claimed Thursday at the Albany County Public Library. Case, a state senator from Lander, said Section 215 of the Patriot Act, which allows the Justice Department to search Americans' library records for terrorism investigations, does not respect the Fourth Amendment guarantee that Americans be 'secure in their persons, houses and effects.'" The Casper Star Tribune reports here.

Thursday, August 05, 2004

U.S. Patriot Act used in pot case

"VANCOUVER - Five Canadian residents accused of marijuana smuggling face prosecution in Seattle under the controversial U.S. Patriot Act. They're among 15 people accused of smuggling $3.4 million US across the border to Canada in exchange for marijuana. They charged with 'bulk cash smuggling' – a new offence under the Patriot Act punishable by five years in prison." CBC News reports here.

Ashcroft wins Internet wiretap system

Security Focus reports: "U.S. regulators on Wednesday ruled tentatively in favor of an FBI and Justice Department proposal that would compel Internet broadband and VoIP providers to open their networks up to easy surveillance by law enforcement agencies."

Recall the Alien and Sedition Acts: Civil Liberties Elections: 1800 v. 2004

"'In this election year, there are significant parallels between the USA PATRIOT Act of 2001 and the Alien and Sedition Acts of 1798,' writes William J. Watkins, Jr., research fellow at the Independent Institute and author of RECLAIMING THE AMERICAN REVOLUTION. Civil liberties were a key issue in the election of 1800, when Thomas Jefferson challenged John Adams, whose Alien and Sedition Acts had given him the power to deport any alien who expressed ideas he deemed subversive. Many Americans were at first supportive of Adams, fearing the importation of the French revolution into the United States -- or even French troops themselves. Public support for Adams eroded, however, when it was clear how far he was willing to go to suppress dissent." Counterpunch.org has this article.

Wednesday, August 04, 2004

The September Project on Civil Liberties and Democracy

On Saturday, September 11, 2004, people across the country will come together at public places like local libraries to share ideas about democracy, citizenship, and patriotism. Libraries are perfect places for such events: they are free, they are open to the public, and they are distributed nationally. There are over 16,000 public libraries in the U.S. and this does not include university, research, K-12, and places of worship libraries. The September Project is a collection of people, groups, and organizations devoted to making this happen annually and internationally.

Public libraries serve as the infrastructure because they are free, they are public, and they are distributed across our country and most countries. Moreover, as witnessed in their collective stands on issues and developments like the Patriot Act, media diversity, and freedom of/to information, librarians have historically upheld rights even in the most contested times. Librarians understand the scope of this project.

The September Project is funded by the University of Washington's Walter Chapin Simpson Center for the Humanities, UW's Dean's Office of the College of Arts and Sciences, Humanities Washington, and Washington Medical Librarians Association.

How can you get involved?

Contact your local public, university, and/or K-12 library to learn what they have planned for September 11.

Share the idea with the organizations to which you belong – professional, civic, cultural, religious/spiritual – and ask them to collaborate with their local libraries.

Volunteer at your local library as a speaker, performer, roundtable participant, and/or event coordinator.

Post, forward, and distribute – locally, nationally, globally – this message through as many channels as possible.

Show up at participating public spaces on Saturday, September 11, 2004. Bring your family, friends, colleagues, and neighbors.

To find out more, visit the September Project website or e-mail David Silver and Sarah Washburn at info@theseptemberproject.org

ACLU quits federal donation program

CNN reports: "The American Civil Liberties Union has withdrawn from a federal donation program, refusing to follow U.S. Patriot Act rules requiring use of a government anti-terrorism watch list to check employees' names, a spokeswoman said. The ACLU stands to lose about $500,000 by pulling out of the Combined Federal Campaign, which allows federal employees to donate to various nonprofit organizations through payroll deductions, ACLU spokeswoman Emily Whitfield said Saturday."

IT departments must cope with Patriot Act, university CIO says

Network World Fusion reports: "Nearly three years after its enactment, the USA Patriot Act remains not just a political but also a technological issue on many college campuses. Unprepared or ill-prepared schools can find themselves facing network problems, service disruptions, and in the worse case FBI agents driving onto the campus with subpoenas to haul off PCs, servers, and computer log data. IT groups can minimize the potential disruptions of Patriot Act investigations by taking the lead on campus to pull together legal counsel, administration, and faculty to craft a clear process for handling investigations that will become more common, says Peter Siegel, CIO at University of Illinois at Urbana Champaign."

The Revolution of 1800 and the USA PATRIOT Act

In this election year, there are significant parallels between the USA PATRIOT Act of 2001 and the Alien and Sedition Acts of 1798. Enacted in the aftermath of the September 11 attacks, the PATRIOT Act has augmented the power of federal authorities to pry into the affairs of innocent Americans. In the summer of 1798, the United States Congress passed and President John Adams signed similar legislation. NewsMax.com has this commentary.

Monday, August 02, 2004

FBI Targeting Arab-American Community As Election Nears

U.S. Muslims are complaining about intrusive questioning by the FBI. In the last few weeks, they say, that questioning has intensified. "People are calling us and saying, 'The FBI wants to talk to me,' " says Laila al-Qatami, communications director of the American-Arab Anti-Discrimination Committee (ADC) in Washington in a Christian Science Monitor article. "We're not saying not to cooperate, just to know your rights."

Recently, reports the CSM, the University of Michigan released a new survey of the Arab-American and Chaldean population in the Detroit area that found 15 percent have had a "bad experience" since Sept. 11 that they attribute to their ethnicity.