Thursday, September 30, 2004
Ashcroft Says Likely to Appeal U.S. Patriot Act Ruling
"U.S. Attorney General John Ashcroft said on Thursday the Bush administration was likely to appeal against a U.S. District Court ruling that part of the Patriot Act was unconstitutional. 'Without knowing the specifics, I wouldn't be able to assure you that the case would be appealed, but it is almost a certainty that it would be appealed,' Ashcroft told reporters after meeting European Union justice and interior ministers. 'We believe the act to be completely consistent with the United States' Constitution,' he added." Wired has this article.
Rushdie: Section of USA Patriot Act Endangers Civil Liberties
Voice of America reports: "Thousands of petitions signed by Americans who oppose a key provision of the U.S.A Patriot Act, approved by Congress in the wake of the 2001 terrorist attacks, have been delivered to Capitol Hill. A noted author, Salman Rushdie, took part in an event at which critics repeated calls for repealing the section of the law, saying Congress went too far three years ago in trying to protect Americans from potential future terrorist attacks."
Key Part of Patriot Act Ruled Unconstitutional
"A federal judge in New York ruled yesterday that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers without judicial oversight or public review. The ruling is one of several judicial blows to the Bush administration's anti-terrorism policies in recent months." The Washington Post reports here.
Wednesday, September 29, 2004
Intelligence network worries the right, left
"They could call it MATRIX Reloaded. Less than a year after Utah Gov. Olene Walker pulled the plug on the supercharged crime-fighting computer known as MATRIX, the U.S. Congress is poised to implement its own national information-sharing network that would link hundreds upon hundreds of government and commercial databases." Deseret News reports here.
U.S. Patriot Act raises Canadian privacy fears
"A Canadian province has opened a fractious debate over whether a U.S. anti-terrorism law invades its citizens' privacy, a move that could affect how American firms do business with Canada. British Columbia's top privacy official is probing complaints that the U.S. Patriot Act allows the FBI to use U.S. firms -- and their foreign subsidiaries -- to gain access to Canadians' medical and financial records." Reuters has this feature.
Congress urged to go slow on Patriot Act
The Washington Times reports: "Groups from across the political spectrum Tuesday launched a new print ad campaign urging Congress not to expand the USA Patriot Act."
Tuesday, September 28, 2004
Congress to get petitions against USA Patriot Act
"At the gray stone mansion that houses the headquarters of the American Booksellers Association, Oren J. Teicher, chief operating officer, is packing up cartons containing petitions signed by 180,000 bookstore customers across the country who believe their privacy is jeopardized by the USA Patriot Act. Tomorrow, Teicher; author Salman Rushdie, president of PEN American Center; former Colorado Rep. Patricia Schroeder, president of the Association of American Publishers; and Carla Hayden of the American Library Association will deliver those and many more petitions to members of Congress who have been leading the effort to amend the 342-page Patriot Act, passed about six weeks after the Sept. 11, 2001, terrorist attacks." The Journal News reports here.
Monday, September 27, 2004
Notables of criminal justice support Patriot Act
The Washington Times reports: "Dozens of former criminal justice officials and political leaders sent a letter to Congress supporting the USA Patriot Act, saying it played 'a vital role' in protecting the nation against terrorism by removing legal barriers to gathering information."
PATRIOT ACT'S CONTROVERSIAL PROCESS HELPS SHUT DOWN SOME ALARMING SITES
"CLIFTON, N.J. - From the main drag here, you can see the Manhattan skyline off in the distance. The flags that sprouted after the Sept. 11 attacks still flap on lawns and flutter on poles outside well-tended homes. Looming above them is a concrete tower that houses a real-estate firm, an office supplies company -- and, investigators fear, an outpost of al-Qaida. On the second floor, an Internet company called Fortress ITX unwittingly hosted an Arabic-language Web site where postings in recent weeks urged attacks against American and Israeli targets. 'The Art of Kidnapping' was explained in electronic pamphlets, along with 'Military Instructions to the Mujahideen,' and 'War Inside the Cities.' Visitors could read instructions on using a cellular phone to remotely detonate a bomb or ask for help in manufacturing small missiles." The New York Times reports here.
Internet privacy, the Patriot Act and Abu Ghraib
"The Faculty Senate of the University of Utah recently passed a resolution, entitled the Preservation of Academic Freedom Resolution, that is an implicit criticism of the Patriot Act and other aspects of the current 'war' on terror." The Salt Lake Tribune has this article.
Friday, September 24, 2004
Nevermind - Hamdi wasn't so bad after all.
"If you've followed the government's claims in the Yaser Esam Hamdi case, you would think the guy was some unstoppable, lethal killing machine, the Taliban's own Hannibal Lecter—a man so evil, he requires permanent warehousing down a bottomless hole." Dahlia Lithwick has this essay at Slate.com.
Faux board will 'guard' civil liberties
"At the end of August, President Bush signed an executive order creating a board to safeguard civil liberties. Coming from an administration that has skirted the Constitution more than any other administration since World War II, it was a welcome move -- until the details of the order became apparent. The board will not be safeguarding civil liberties." The Daytona Beach News-Journal has this editorial.
Thursday, September 23, 2004
U.S. to Free Hamdi, Send Him Home
"Yaser Esam Hamdi, who was held in solitary confinement as an 'enemy combatant' for nearly three years and never charged with a crime, will be released from custody and flown home to Saudi Arabia, government officials announced yesterday." The Washington Post has this account.
Senator calls for Patriot Act scale-back
The Register reports: "A proposal in the US Senate would scale back a federal surveillance law that permits law enforcement agencies to electronically monitor a computer trespasser without a warrant with the consent of the victim."
Justice official defends PATRIOT Act
"A high-ranking Justice Department official defended provisions in the anti-terrorism law known as the USA PATRIOT Act at a Senate Judiciary hearing Wednesday, saying that 'sneak and peek warrants' and library records searches are rarely used but are absolutely necessary." GovExec.com reports here.
‘Chilling’ Pieces of Patriot Act II Legislation Return to Senate
The New Standard reports: "Civil liberties advocates are once again raising concern over legislation moving through Congress meant to enhance the controversial USA PATRIOT Act rushed into law in the wake of the September 11 terrorist attacks. Last Monday, the Senate Judiciary Committee held a hearing on the 'Tools to Fight Terrorism Act of 2004,' which opponents say contains proposals that would dramatically erode constitutional protections and unnecessarily increase government power."
For Bloomberg, a looming showdown over civil liberties and the right to protest
"Among those Mayor Bloomberg would have 'just plead guilty' to arrest charges stemming from the Republican National Convention is Alex Pincus, 28, who spent 27 hours in jail and suffered a dislocated shoulder—all while trying to get chicken soup for his ailing girlfriend. A graduate student in architecture at Columbia University, Pincus and a friend rode their bikes over to the Second Avenue Deli at the corner of East 10th Street on Friday evening, August 27. In addition to the soup, they bought corned beef and pastrami sandwiches, latkes, and soda. As they were waiting, they saw that the block had filled with bicyclists. These, they later learned, were some of the 5,000 people who had taken part in the Critical Mass ride, pedaling through Manhattan streets shouting anti-Bush slogans. When Pincus and his pal, Isa Wipfli, 29, went to retrieve their own bikes, they found that police had cordoned off the block at both ends. Pincus approached a nearby officer. 'I said, 'Hi. We're just here buying dinner. We're not involved. How do we get out of here?' 'Pincus said the cop led them down the street and then called two other police officers over, and shouted, 'These guys!'" The Village Voice has this article.
Wednesday, September 22, 2004
Patriot Act examined
"With librarians outraged, peace activists worried their sit-ins will land them unwarranted jail time, and a U.S. attorney calling the American Civil Liberties Union a liar, it is no wonder Nevada County residents are confused about the USA Patriot Act." The Union reports here.
ACLU Ad on Patriot Act Plays Fast & Loose With Facts
"The American Civil Liberties Union is running an ad alleging that the USA Patriot Act allows authorities to search homes 'without notifying us . . . treating us all like suspects.' That's not exactly true." Capitol Hill Blue has this article.
Tuesday, September 21, 2004
Bob Barr vs. the FBI
"Last year, I became the only writer in Voice history to appear at the American Conservative Union's annual Political Action Conference. The ACU is the largest configuration of conservatives in the country. I was assigned to a panel on the Patriot Act, and joining me in attacking John Ashcroft's bypassing of the Bill of Rights was conservative libertarian Bob Barr." Nat Hentoff has this commentary in The Village Voice.
Sept. 11 family group seeks to keep Patriot Act out of reforms
"A group of Sept. 11 families is seeking a written pledge from lawmakers to keep the politically explosive Patriot Act out of any reform bills following the report of the 9/11 commission. Members of the Family Steering Committee for the 9/11 Commission went door-to-door Monday on Capitol Hill, distributing copies of a four-part written pledge they want lawmakers to sign as they weigh sweeping changes to the nation's intelligence apparatus." The AP reports here.
Are School Dress Codes A Violation Of Civil Liberties?
"Every school day, millions of students in the United States are told what they can and cannot wear. In 22 states, school districts can require students to wear uniforms like navy-blue or black shorts, pants and skirts, and white T-shirts or blouses. From small cities like Moss Point, Mississippi, to metropolises like Philadelphia, students are being searched, suspended or otherwise reprimanded by school administrators for their wardrobes." MTV.com has this article.
Monday, September 20, 2004
Bush, Kerry divided on scope of Patriot Act
The San Francisco Chronicle reports: "Sen. John Kerry wants to narrow the USA Patriot Act. President Bush wants to expand it. There are clear-cut differences between the candidates on the issue of the post-Sept. 11 law that rewrote the boundaries between security and civil liberties. But they don't stand at opposite ends of the spectrum."
Patriot Act panel debates in Gillette, Wyoming
"A young man from Iran first came to the United States a few years ago to major in computer science. Little did he know that heightened security brought about by the 9-11 terrorist attacks would land him in jail, charged with providing material support to terrorists." The News-Record reports here.
In Defense of Civil Liberties
"The debate over intelligence reform, as important as it is, has been obscuring a vital discussion about another recommendation by the bipartisan commission on the 9/11 attacks. The panel's report noted that no one in the government has the job of safeguarding civil liberties as the government seeks expanded powers to combat terrorism. It proposed assigning that critical task to a special board." The NYTimes has this editorial.
Friday, September 17, 2004
'Unconstitutional' offers chilling look at Patriot Act
"You know those movies that are so disturbing that they haunt you long after you've left the theater? I saw one like that this week and I'm still creeped out by it. I'm not talking about the latest horror film from M. Night Shyamalan or Stephen King. This was a new documentary called 'Unconstitutional' about the Patriot Act. Its message: Remember all those civil rights and freedoms guaranteed in the Constitution? You don't have them anymore." The Marin Independent Journal has this article.
City Arrest Tactics, Used on Protesters, Face Test in Court
"New York City has one memento from the 2004 Republican National Convention that seems destined to last: an especially bitter dispute over the city's methods and motives in detaining hundreds of protesters, well beyond the ordinary legal time limit of 24 hours, without the usual access to lawyers. At times, the Police Department kept people in custody for two days or more before issuing them tickets for offenses like disorderly conduct." The New York Times has this article.
Thursday, September 16, 2004
Ashcroft's Patriot Act tour questioned
"A leading House Democrat asked the Justice Department's inspector general on Tuesday to investigate Attorney General John Ashcroft's trips last year to promote the anti-terror Patriot Act." The Chicago Sun-Times has this account.
'Enemy combatant' release likely soon
"Yaser Esam Hamdi, a government-declared "enemy combatant," is expected to be released soon from a military brig in South Carolina, Bush administration officials said Wednesday. Some sources said the release could come this week. Hamdi has been in U.S. military custody since his arrest on the battlefield in Afghanistan in November 2001." CNN reports here.
Wednesday, September 15, 2004
Westchester, NY lawmakers vote to alter Patriot Act
"The Westchester County Board of Legislators voted 11-6 last night along party lines to join a growing number of states and municipalities in urging Congress to repeal provisions of the USA Patriot Act." The Journal News has this account.
City Council votes to condemn Patriot Act
The Daily Nebraskan reports: "They talked for nearly six hours and nothing changed. The Lincoln City Council opened debate at 3:30 p.m. in its Monday meeting on a resolution declaring parts of the USA Patriot Act in violation of civil liberties. When the seven members finally voted at 9:15 p.m., the measure passed by a 4-3 vote, exactly as expected."
How Bush's Anti-Terror Laws Threaten Individual Rights
"Last week, our nation somberly marked the third anniversary of the devastating attacks against New York and Washington D.C. In the three years since 9-11, America has, thankfully, not suffered a second terrorist attack. Members of the Bush Administration -- especially Attorney General John Ashcroft -- have claimed that this is proof of the success of their anti-terror laws, and proof that extending and expanding these laws will make us even safer. Indeed, at the Republican convention, high-level politicians said that Congress must not only reauthorize, but strengthen such legislation." CounterPunch has this article.
Tuesday, September 14, 2004
State Of The Union: Opposing the Patriot Act
"Go down to any city hall in any mid-sized American community and listen to the noise of democracy. You will hear the usual complaints about neighbours whose dogs are too loud, about roads that need to be fixed, about cops that eat too many doughnuts. You will also hear tributes to soldiers at war and girl scouts at home. And, most likely, you will also hear a big family fight over the Patriot Act, a law passed just after the 11 September attacks that has tested the limits of civil liberties in the United States." BBC News has this commentary.
Monday, September 13, 2004
Like The nation, Bush, Kerry Split On Patriot Act
Sen. John Kerry voted for the USA Patriot Act. President Bush signed it into law. Yet the landmark anti-terrorism measure still looms as a major dividing line between the two nominees for president.
Bush campaign spokesman Danny Diaz points out that many of the anti-terror measures were being used against organized crime before Sept. 11, 2001. He also asserts that there have been "zero civil liberties violations" under the new battery of laws."Bottom line: Since it was passed, four terrorist sleeper cells have been broken up inside the United States," Diaz said. "And more than 189 terror-related convictions have been secured."
...Kerry expresses misgivings. He has complained about the indefinite detention of suspects as "enemy combatants" but has only vaguely described how he would revise measures to protect privacy and legal rights.His core supporters, meantime, revile the surveillance and secrecy measures along with the way U.S. Attorney General John Ashcroft has deployed them. They warn that profiling of Middle Easterners or Muslims may lead to targeting political foes.
The Arizona Republic reports.
Patriot Act Author Defends Law as Terror-Fighting Tool
"The USA Patriot Act has been a critical tool in fighting the war on terror -- not an arbitrary restriction on civil liberties -- the act's co-author said Friday during a visit to Lawrence. Viet Dinh defended the Patriot Act, part of the Bush administration's response to the Sept. 11, 2001, terrorist attacks, during two speeches and an interview with the Journal-World." The Lawrence-Journal World has this account.
Friday, September 10, 2004
Action needed against PATRIOT Act
"Imagine waking up in the wee hours of the morning, and finding an FBI agent in your bedroom rummaging around. 'What?' you say. 'That can't happen in America. We are protected from such things by the Bill of Rights. The Fourth Amendment protects us from unreasonable search and seizure. No one can enter our home without a warrant based upon probable cause that a crime has been committed.' Ahh...What used to be is no more." The Beverly Citizen has this commentary.
Patriot Act needs important revisions
"The League of Women Voters of Melrose has formed a committee to work towards the passage of a local resolution concerning the USA Patriot Act." The Melrose Free Press reports here.
Bill Seeks Civil Liberties Board
Wired reports: "A sprawling intelligence reform bill introduced Tuesday in Congress to implement all of the 9/11 Commission's recommendations would create an executive-level civil liberties board with wide oversight and investigative powers. The proposed Privacy and Civil Liberties Oversight Board, as outlined in the 9/11 Commission Report Implementation Act introduced by Sens. John McCain (R-Arizona) and Joe Lieberman (D-Connecticut), differs sharply from the board created by President Bush in late August by executive order. While the board created by the president essentially serves as an adviser to the executive branch, the Senate proposal would create a body with a much broader range of responsibilities."
The Post-Convention State of Dissent in New York
Gotham Gazette reports: Although New York was the scene of the largest demonstration protesting a political convention in United States history on August 29, most civil libertarians saw convention week not as a triumph for dissent, but as another indication of the erosion of the right to protest in the city.
While Mayor Michael Bloomberg and Police Commissioner Ray Kelly had promised respect for the First Amendment, and the right to protest peacefully, serious charges have been raised by protesters, civil liberties attorneys, public officials, and at least one judge that the city overstepped its legal authority in arresting and detaining more than 1800 (some of whom turned out to be bystanders and working journalists).
The City Council plans a hearing on the arrests on September 15 at 10 AM in the Government Operations Committee.
Thursday, September 09, 2004
Patriot Act foes taking case to public
The Independent Record reports: "Backers of a resolution opposing the federal Patriot Act said concerns shouldn't scuttle their efforts. Members of the Helena Patriot Committee said they'll hold a public forum on what they call 'A Resolution for a Free and Safe Helena.' City Attorney David Nielsen recently examined the proposed resolution, saying the Patriot Act doesn't really apply to the Helena Police Deparment. But the resolution could run afoul of the city charter, Nielsen said, which doesn't allow the commission to direct, supervise or discipline city staff, Nielsen said."
Cook to introduce anti-Patriot Act resolution
"Lincoln, Neb -- A local showdown over the federal Patriot Act will be brought to City Hall on Monday by Councilman Jonathan Cook. The Lincoln Bill of Rights Defense Coalition, which wants the city to join 347 cities and counties across the country that have staked formal, symbolic positions against parts of the law, announced Wednesday that Cook will introduce a resolution on its behalf." The Lincoln Journal Star reports here.
Wednesday, September 08, 2004
How to Watch the Watchers
"Last week President Bush issued four executive orders addressing matters that were subjects of recommendations by the 9/11 commission. One of the four orders created a President's Board on Safeguarding Americans' Civil Liberties. While it is laudable that a civil liberties board was included in the first set of presidential actions in response to the commission's recommendations, the new board falls short of addressing the concerns that led the commission to recommend the creation of a meaningful oversight board in the first place." The New York Times has this op-ed.
Patriot Act not a factor for police, says city attorney
"Helena City Attorney David Nielsen says the USA Patriot Act doesn't tie police officers' hands, but they are bound in other ways. In a memo to Helena city commissioners, Nielsen wrote that the Helena Police Department protects individual rights because they adhere principally to Montana — not federal — laws. Last month the commission directed Nielsen to examine a proposed resolution opposing portions of the controversial Patriot Act." The Independent Record has this account.
County votes to criticize Patriot Act, 12-1
The Ithaca Journal reports: "The Tompkins County Legislature added its name to the growing list of communities across the country that criticize certain aspects of the Patriot Act. By 12-1 vote held Tuesday, the Legislature passed a resolution that supports Congress in its efforts to oversee and assess the impacts of the controversial act, while also asking for a delay in passing a similar measure being considered in Washington, the Domestic Security Act."
Tuesday, September 07, 2004
Reject the National ID Card
Ron Paul writes: "Washington politicians are once again seriously considering imposing a national identification card - and it may well become law before the end of the 108th Congress. The much-hailed 9/11 Commission report released in July recommends a federal identification card and, worse, a 'larger network of screening points' inside the United States. Does this mean we are to have 'screening points' inside our country where American citizens will be required to 'show their papers' to government officials? It certainly sounds that way!"
Government by, for and Secret From the People
"The capital's worst-kept secret is out: the federal government is becoming even more secretive. This will come as no surprise to anyone who has filed a Freedom of Information Act request in the post-Sept. 11 age or tried to find out why his name was put on a 'no fly' list, only to be told the information was too sensitive to be shared. But a new study seeks to quantify the government's interest in keeping material classified. It found that the administration protected some 14 million documents last year - a 60 percent increase since 2001." The New York Times reports here.
Justice Wants Airline ID Case Kept Secret
"The U.S. Department of Justice has asked an appellate court to keep its arguments secret for a case in which privacy advocate John Gilmore is challenging federal requirements to show identification before boarding an airplane. A federal statute and other regulations 'prohibit the disclosure of sensitive security information, and that is precisely what is alleged to be at issue here,' the government said in court papers filed Friday with the U.S. Ninth Circuit Court of Appeals. Disclosing the restricted information 'would be detrimental to the security of transportation,' the government wrote." The AP reports here.
Monday, September 06, 2004
Reform the Patriot Act
Bob Barr writes: "This year's quadrennial Olympics, held in the birthplace of democracy itself, had, as do the Games every four years, much of Greek tragedy within their two week-run. Great triumph was overlaid with agonizing defeat; some expectations were dashed as others rose to unexpected heights. An analysis of the United States' post-9/11 counter-terrorism efforts, too, reveals elements of Greek tragedy. Set on their heroic paths with the best and most noble of intentions, the tragic heroes of yore are being inevitably undone by flaws buried deep in their character."
US lawyers say secret court could hear Patriot Act 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." Boston.com has this article.
Friday, September 03, 2004
Judge Orders Demonstrators Freed
"NEW YORK, Sept. 2 -- A criminal court judge ordered the release of hundreds of Bush protesters Thursday, ruling that police held them illegally without charges for more than 40 hours. As the protesters began trickling out of jail, they spoke of being held without access to lawyers, initially in a holding cell that had oil and grease spread across the floor." The Washington Post reports.
Thursday, September 02, 2004
Patriot Act Divides GOP
"NEW YORK -- A onetime White House Chief of Staff told a gathering of conservatvies debating the anti-terorrist Patriot Act that there is a total 'disconnect in discussion of the issue.' John Sununu, Sr., who served under the first President Bush, told the group that in hurriedly enacting the legislation shortly after 9/11, Congress failed to create an 'alternative path,' in case parts pf the law were found to be defective. 'There was no mechanism for redress,' he complained." NewsMax.com has this article.
Cop invaded teen's bathroom privacy, high court rules
"HELENA - Bathrooms are particularly private places, and a police officer went too far when he walked in on a young woman while she was vomiting into the toilet during a house party, the Montana Supreme Court has ruled. The 6-1 decision Tuesday said the unconstitutional intrusion into the privy means evidence that Rebekah Smith had been drinking illegally - she was only 18 at the time - could not be used to prosecute her." AP reports here.
Wednesday, September 01, 2004
Police Stifle Protests Across N.Y.
"Police repulsed anarchists, gay activists and other protesters across Midtown Manhattan on Tuesday, arresting 560 people as they tried to block traffic and many as they simply walked on sidewalks. The action prevented what was to have been a major show of civil disobedience outside Madison Square Garden on the second night of the Republican convention." The Washington Post has this article.