Tuesday, November 30, 2004
AFGE Protests Mandatory Pledge for Homeland Security Employees
"The leaders of two major unions representing thousands of employees in the Department of Homeland Security called upon Homeland Security Secretary Tom Ridge to withdraw a directive that would impair the ability of whistleblowers to bring their concerns to the American people. Under the directive, employees of the Department of Homeland Security (DHS) are required to sign a secrecy pledge that forbids them from revealing unclassified information to the public. In the past, such required pledges almost always applied only to classified material." Yahoo has this press release.
Monday, November 29, 2004
An Open Letter to Christian Conservatives
"Unfortunately, conservative Christians have not been the best promoters of liberty. Unlike many of our forebears who led a revolution in the name of freedom, modern Christians have the example of John Ashcroft, who many times has despised his oath of office. Take the drug war, for example. One of the best applause lines at any conservative Christian event is for a politician to speak in support of the drug war. After all, you reason, drugs can do harm to people, so they should be banned, not taking into account the eternal lessons of prohibition." LewRockwell.com has this article.
Attorney general nominee's views on civil liberties must be examined
"Alberto R. Gonzales undoubtedly will win Senate confirmation as attorney general, but that should not come before he gives acceptable answers regarding civil liberties. On the positive side, Gonzales is an example of a minority who rose from poverty to a position of power, a role model for others. This should give him sympathy for those held back unfairly because of their skin color or ethnic background. (Also, he is not as polarizing a figure as John Ashcroft.) The questions come because of his role as White House counsel in some of the Bush administration's more questionable policies." The Asheville Citizen-Times has this editorial.
Tuesday, November 23, 2004
Lawsuit: NYC Created 'Guantanamo' at RNC
"Saying the city had created its 'own little Guantanamo on the Hudson' during the Republican National Convention, a lawyer Monday filed a lawsuit on behalf of nearly 2,000 people arrested at demonstrations. The federal lawsuit claims protesters and bystanders alike were rounded up in mass arrests without cause; were kept without access to their lawyers or families at an old bus depot used as a temporary detention center; and were exposed to days to cruel and inhuman conditions." Findlaw.com has this article.
Monday, November 22, 2004
A terrorism case that went awry
"John Ashcroft called Sami al-Hussayen part of 'a terrorist threat to Americans that is fanatical, and it is fierce.' Idaho Gov. Dirk Kempthorne said al-Hussayen is proof that terrorists are hiding in the heartland. Yet al-Hussayen, a 34-year-old doctoral candidate at the University of Idaho, didn't exactly fit the profile when he was arrested in February 2003 and likened in court documents to Osama bin Laden." The Seattle Times has this article.
John Ashcroft's Achievements
"I once suggested to the American Civil Liberties Union that it award John Ashcroft its Medal of Liberty because he has done more—however inadvertently—than any American since 9-11 to educate the public on how fragile our constitutional liberties are, and why it's so essential to never let up on the agents of government who strive to strip them away." The Village Voice has this Nat Hentoff column.
Thursday, November 18, 2004
Commission has mixed feelings about resolution critical of Patriot Act
The Independent Record reports: "The Helena City Commission will decide early next month whether to support a resolution critical of the Patriot Act, although some officials expressed concerns about its effectiveness and its impact on police officers' morale. The Helena Patriot Committee recently crafted a 'Resolution to Protect Civil Liberties,' following a well-attended public meeting last month. The committee first asked city commissioners to make a statement against the Patriot Act Aug. 30."
Just Another Chip in the (Privacy) Wall
"You can almost see the ads now: Imagine a bright future with a chip in your arm! Went to the supermarket, but left the wallet at home? No problem! Flex your bicep and the smiling cashier passes a scanner over your arm. Voila—identification chip recognized! Problem solved. Your credit is good with us!" Technology Review has this article.
City councilors launch missile vs. Patriot Act
The Lowell Sun reports: "LOWELL--Following an often emotional series of speakers both for and against the measure, a split City Council last night adopted a resolution expressing concerns about the potential for portions of the USA Patriot Act to infringe on civil rights and civil liberties."
Wednesday, November 17, 2004
Critics Raise Privacy Concerns over DNA Database
"On Election Day, California voters approved Proposition 69, creating a massive new DNA database that will provide a huge new resource for law enforcement nationwide. But critics say the cost to civil liberties is too high." NPR has this report.
Is Your Scalp a Constitution-Free Zone?
"At the end of last month, in the case of Coddington v. Evanko, the U.S. Court of Appeals for the Third Circuit ruled that police officers may constitutionally shave large amounts of hair from a suspect's head, neck, and shoulders, without a warrant, probable cause, or any basis for suspecting that the hair would provide evidence of crime. The Fourth Amendment guarantees the people the right to be free from unreasonable searches and seizures. But according to the court, the Fourth Amendment does not apply to hair removal." Findlaw.com has this article.
Tuesday, November 16, 2004
Cuffing Bush and the FBI
Nat Hentoff writes in The Village Voice: "Bush's re-election ensures that he and John Ashcroft's designated successor, Alberto Gonzales, will press Congress hard to retain the Patriot Act in its entirety, and enact a Patriot Act II that will further disable the Constitution. There are two primary roadblocks to further assaults on our liberties. Despite continued Republican control of Congress, there is still a firm alliance there between civil-liberties Democrats and conservative Republican libertarians, especially in the Senate. That coalition will continue to oppose Bush's determination to fight the Patriot Act's 'sunset clause,' which permits reconsideration of parts of the act by December 2005."
FBI Faulted in Arrest of Ore. Lawyer
The Washington Post reports: "In their hurry to help find suspects in the March terrorist bombings in Madrid, FBI fingerprint examiners succumbed to top-down institutional intimidation and failed to correct an obvious blunder that led to the detention of an innocent Oregon lawyer, according to a panel of forensic experts. 'To disagree was not an expected response' within the FBI's bureaucratic culture, according to a report on the panel's findings. It said that once a supervisor in the agency's fingerprint unit had wrongly identified a print from the bombing investigation in Spain, 'it became increasingly difficult for others in the agency' to tell him he had made a mistake."
Monday, November 15, 2004
Patriot Act renewal up to Congress
"On Thursday a panel made up of two supporters of the law and two of its critics squared off at the meeting of the conservative Federalist Society in Washington to debate whether its provisions set to expire next year should be renewed. Federal District Judge Audrey Collins ruled last January that one section of the law is unconstitutional. That section deals with those who provide expert advice and assistance to terrorists. The Justice Department is appealing her ruling to the Ninth Circuit Court of Appeals." MSNBC.Com has this article.
Is Alberto Gonzales, a self-made Hispanic lawman, a kinder, gentler version of John Ashcroft? The Democrats aim to find out
"When George W. Bush returned to the White House on the afternoon of Election Day, chief of staff Andrew Card presented him with a five-page handwritten letter of resignation from Attorney General John Ashcroft. The letter, written a few days earlier and sent quietly to the White House, was in stark contrast to Ashcroft's often brash style as the nation's top cop. The President, distracted by exit polls suggesting that he might be heading for defeat, absorbed the thrust of Ashcroft's missive, then put it aside and said he would deal with it later." Time has this article.
Bush Sees Patriot Act Renewal As Key Goal
"Attorney General John Ashcroft is leaving but the top issues for the Justice Department are the same heading into President Bush's second term: persuading Congress to renew key parts of the anti-terrorism Patriot Act and continuing fundamental reforms at the FBI. Nominated to replace Ashcroft is Alberto Gonzales, the White House general counsel who would become the first Hispanic to lead Justice. If confirmed as expected by the Senate, Gonzales will inherit a job that begins each day with a detailed briefing of the terrorist threats facing the United States." Findlaw.com has this article.
Sunday, November 14, 2004
What Wal-Mart Knows About Customers' Habits
"With 3,600 stores in the United States and roughly 100 million customers walking through the doors each week, Wal-Mart has access to information about a broad slice of America - from individual Social Security and driver's license numbers to geographic proclivities for Mallomars, or lipsticks, or jugs of antifreeze. The data are gathered item by item at the checkout aisle, then recorded, mapped and updated by store, by state, by region. By its own count, Wal-Mart has 460 terabytes of data stored on Teradata mainframes, made by NCR, at its Bentonville headquarters. To put that in perspective, the Internet has less than half as much data, according to experts." The New York Times has this article.
Saturday, November 13, 2004
Airlines Must Hand Over Records
"The federal government said it will begin analyzing millions of U.S. airline passenger records by the end of the month in a first step toward creating a computerized screening system to protect the nation's airlines from terrorist attack. The Transportation Security Administration yesterday ordered 72 carriers to turn over historical passengers records by Nov. 23 so that the agency can begin testing a program called Secure Flight. The system seeks to consolidate various government watch lists and improve the accuracy of comparing passenger names against those of suspected terrorists." The Washington Post reports here.
Friday, November 12, 2004
City Council tables vote on Patriot Act
"LOWELL -- Folks wearing T-shirts emblazoned with the Bill of Rights and others who spoke passionately about "suppression of our rights" and "assaults on our Constitution" apparently weren't convincing enough. Despite a strong effort to convince the City Council to go on record last night in opposition of the Patriot Act, the legislation that gives federal authorities sweeping powers to combat terrorism, the effort still failed to garner the necessary support." The Lowell Sun has this account.
Town Meeting protests Patriot Act
The Boston Globe reports: "BRIDGEWATER -- Voters at Monday's Special Town Meeting approved a resolution protesting the USA Patriot Act. 'I am very pleased that the citizens of Bridgewater took a stand that places the American Constitution and our Bill of Rights above the Patriot Act,' said Vernon Domingo, a Bridgewater State College professor and a member of the citizens group that submitted the petition article."
Law professors from Georgetown University join Ray Suarez for a look back at John Ashcroft's tenure as attorney general.
"RAY SUAREZ: Attorney General Ashcroft was the first member of the Bush Cabinet to step down after the president won a second term. He submitted his letter on Election Day resigning. A former senator from Missouri, Ashcroft was at the center of a fierce civil liberties debate over anti-terrorism policies initiated by the Bush administration in the wake of the 9/11 terrorist attack. Now two professors from Georgetown University Law Center debate his time in office." PBS reports here.
Thursday, November 11, 2004
Senate expected to OK Gonzalez as attorney general
"President Bush nominated White House counsel Alberto Gonzales as attorney general Wednesday, choosing his top lawyer and longtime friend to guide the war on terrorism and lead the federal government's largest law enforcement agency. Confirmation by the Senate, considered likely, would make Gonzales, 49, the first Hispanic attorney general in U.S. history. It would place the Justice Department in the hands of a loyal Bush confidant who helped craft some of the administration's most controversial anti-terrorism strategies." The Washington Post reports here.
Bark if you love Justice Souter!
"F. Scott Fitzgerald wrote, '[A]lmost everybody can be imagined as either a cat or a dog,' and nowhere is that more true than the Supreme Court. Oral argument splits cleanly today between justices who would rather be up a tree than at the mercy of a canine and those who can't seem to get enough of man's best friend. Roy Caballes was stopped on I-80 for driving 71 mph in a 65-mph zone. Illinois state trooper Daniel Gillette asked to see his license and registration, then told Caballes he'd let him off with a warning. Gillette had him wait in his patrol car while a license check took place. Meanwhile, another officer from the state's drug interdiction team became inspired to race over independently and check out Caballes' car for drugs. His sniffy dog found them. Caballes was sentenced to 12 years in prison for drug trafficking. He tried to suppress the drug evidence, claiming the dog sniff was illegal. The Illinois Supreme Court agreed with him, finding that some kind of 'reasonable, articulable suspicion' of criminal behavior is necessary before releasing the hounds." Slate has this commentary.
Victims Challenge Police Use of Controversial ‘DNA Dragnets’
"The police knock at your door. An officer says they are looking for a serial murderer and asks you to give a DNA sample because you roughly fit a physical description of the killer. If you refuse, the police will wonder why you did not want to clear your name. Without a lawyer at your side you do not know what your options are. The police still might be able to get a search warrant for your sample, and then your name would be on the public record as part of this investigation. What would your boss think if he saw your face on the evening news in connection with these horrendous crimes? Two recent criminal cases have highlighted the problems with this controversial police practice commonly known as 'DNA dragneting.'" The New Standard has this article.
Wednesday, November 10, 2004
NJ Muslims, libertarians glad to see Ashcroft go
"NEWARK, N.J. -- Still angry over mass detentions and what they describe as the trampling of rights after the Sept. 11, 2001 terror attacks, Muslims and civil libertarians in New Jersey on Wednesday cheered U.S. Attorney General John Ashcroft's resignation announcement. But they also feared his legacy would live on during President Bush's second term through a renewed USA Patriot Act or similar measures." Newsday.Com has this account.
Ashcroft Wielded Rare Power as Attorney General
The LA Times reports: "In his five-page, handwritten letter of resignation to President Bush, U.S. Atty. Gen. John Ashcroft declared that 'the objective of securing the safety of Americans from crime and terror has been achieved.' Whether that turns out to be true or not, Americans are going to be debating the cost of Ashcroft's efforts in the war on terror for years to come."
ERAS Introduces New PATRIOT Act Compliance Solution
"ERAS, LLP, a provider of software systems and solutions to the financial services industry, recently began offering software to help financial institutions comply with the Uniting and Strengthening America by Providing Appropriate Tools Required to Obstruct Terrorism Act, aka the USA PATRIOT Act, a bill passed following the events of Sept. 11, 2001. ERAS' solution is called iMonitor, and the company developed the product in response to the banking industry's concerns about staying in compliance with banking regulations, especially the USA PATRIOT Act." Green Sheet reports here.
The Privacy Lawyer: Privacy Policies And The Patriot Act
"Just two months from now, the government has the opportunity to appeal a ruling by a N.Y. Federal District Court judge that strikes down an important provision of the controversial U.S. Patriot Act. The ruling, which came Sept. 29, was set to go into effect 90 days from that date unless the government solves the constitutional flaws the judge identified." Information Week contains this article.
Tuesday, November 09, 2004
Bridgewater tells Washington to revisit parts of Patriot Act
The Enterprise reports: "Vernon Domingo showed copies of the U.S. Constitution and the USA Patriot Act at Monday night's town meeting. 'Which one of these documents do we hold in higher regard?' asked Domingo, a member of Citizens for an Informed Community. A majority of residents voting at the meeting agreed with his group that certain sections of the Patriot Act — enacted after the Sept. 11, 2001, terrorist attacks — may violate the civil liberties of Americans and endorsed a proposal to tell lawmakers in Washington to take a closer look at the federal law."
U.S. Supreme Court will hear drug case
"The U.S. Supreme Court will hear a 1998 LaSalle County drug case Wednesday that could clarify when it is admissible for police to use drug-sniffing dogs during traffic stops. 'It's a very important case. It will have an effect throughout Illinois and potentially throughout the United States. This case has completely changed the way we do drug interdiction in LaSalle County and has hamstrung our efforts to stop drugs on the interstate,' said LaSalle County State's Attorney Joe Hettel." The Peoria Journal Star has this article.
Nova Scotian's privacy may be victim to US Patriot Act
"Concerns being raised over the security of the personal records of British Columbia's residents has also sparked a controversy on Canada's east coast.
Responding to growing public pressure the Nova Scotia Conservative government has announced that they are considering revamping the province's freedom of information laws." National Union reports here.
Monday, November 08, 2004
Groups decry panel reviewing complaints of police abuse at GOP convention
"Black and Latino police officers' groups said Saturday that a police panel formed to investigate citizen complaints about police tactics during the Republican National Convention threatened to undermine civilian oversight of the New York Police Department. Police Commissioner Raymond Kelly formed the panel of senior chiefs to review claims filed with the Civilian Complaint Review Board, an independent city agency that investigates complaints of police misconduct." Newsday.com has this account.
Patriot Act cuts migrants' cash flow
The Daytona Beach News-Journal reports: "For 30 days, Guillermo Trinidad walked around with three paychecks he could not cash. 'I might as well have been broke,' Trinidad said, after a Mexican store here -- which had been cashing his checks since January -- said it could not cash them any more. 'She (the store owner) said the bank is not taking the checks.' The store had cashed checks for Trinidad, a 36-year-old migrant construction worker, even though he did not have any legal form of identification. As an undocumented alien, Trinidad carries only a matricula consular, an ID issued by the Mexican government to its citizens in the United States. Unbeknownst to Trinidad, he was feeling the effects of the USA Patriot Act, passed two weeks after the terrorist attacks in September 2001. The law requires financial institutions to monitor the accounts of check-cashing stores to combat money laundering and terrorism. Some banks have opted to stop accepting many third-party checks, leaving those like Trinidad -- thousands in Volusia and Flagler counties -- without access to their hard-earned cash."
Patriot Act critic urges townspeople to speak out
"A Bridgewater State College professor plans to urge voters at Bridgewater's Special Town Meeting tomorrow night to pass a resolution protesting the USA Patriot Act. Vernon Domingo, who teaches geography and is also a longtime Bridgewater resident, belongs to Citizens for an Informed Community, a local group that submitted the article through a petition. Domingo, 54, said he was prompted to act by his experiences in South Africa, where he was raised. 'I was classified as mixed race,' he said. He describes himself as part African, Indian, Indonesian, and Portuguese." The Boston Globe has this article.
Wednesday, November 03, 2004
Watertown voters urge support of Patriot Act
The Watertown Tab & Press reports: "The hotly debated non-binding policy question that asked residents to urge their state representative to support the USA Patriot Act was voted favorably on by a large majority of Watertown voters, based on preliminary Tuesday night election figures."
Tuesday, November 02, 2004
Patriot Act fights terror not Canadian privacy rights, says U.S. ambassador
"The United States is willing to review a British Columbia report that concludes the U.S. Patriot Act has the power to eyeball private information about Canadians, Paul Cellucci, the U.S. ambassador to Canada, said Friday. The U.S., like Canada, is concerned about protecting the privacy rights of its citizens, but when it comes to fighting terrorists law enforcers need tools to get the job done, he said." Canada.Com reports here.
Monday, November 01, 2004
Panel debates Patriot Act
"WEST CHESTER, PENN. -- On Oct. 26, 2001, a month and a half after the terrorist attacks of Sept. 11, 2001, Congress overwhelmingly approved the USA Patriot Act to combat future threats to national security. The act, whose name stands for 'Uniting and Strengthening America by Providing Appropriate Tools Required To Intercept and Obstruct Terrorism,' has since been criticized as a threat to civil liberties." DailyLocal.Com reports here.
Psst. President Bush Is Hard at Work Expanding Government Secrecy
"It is only inevitable, I suppose, that some big issues never make it onto the agenda of a presidential campaign, and other lesser issues, or total nonissues, somehow emerge instead. Electoral politics, as Americans are regularly being reminded these final hard-fought days before the election, is a brutal, messy business, not an antiseptic political science exercise. That said, I hereby confess to feeling disappointed over Senator John Kerry's failure to home in hard on one of the more worrisome domestic policy developments of the past four years - namely the Bush administration's drastic expansion of needless government secrecy." The New York Times has this editorial.
