Thursday, September 29, 2005
Top Officials Told to Testify in Muslims' Suit
The New York Times reports: “A federal judge in Brooklyn ruled yesterday that former Attorney General John Ashcroft, the director of the Federal Bureau of Investigation and other top government officials will have to answer questions under oath in a lawsuit that accuses them of personally conspiring to violate the rights of Muslim immigrants held in a federal detention center in Brooklyn after 9/11.”
Judge Upholds Lawsuit by Two Muslim Men
AP reports: “A federal judge upheld a lawsuit by two men who claim they were beaten and starved after a roundup of Muslim men in the wake of the Sept. 11, 2001 terrorist attacks.”
Wednesday, September 28, 2005
Bill Would Permit DNA Collection From All Those Arrested
The Washington Post reports, “Suspects arrested or detained by federal authorities could be forced to provide samples of their DNA that would be recorded in a central database under a provision of a Senate bill to expand government collection of personal data."
Tuesday, September 27, 2005
'New' Patriot Act's Familiar Look
The Star Legend has this article on the upcoming House and Senate closed-door negotiations to renew parts of the USA Patriot Act that are scheduled to expire at year’s end.
Tweaking Patriot Act to Limit Snooping
Mercury News has this article analyzing the proposed Senate bill reauthorizing the Patriot Act stating, ”The Senate bill restores some modest checks on the expanded powers Congress gave the government in 2001 and will go a long way toward preserving the liberties that are the cornerstones of American democracy."
Court Nixes Request for Info on N.Y. Subway Searches
A federal judge has ruled that the New York Police Department can withhold from the public data it collected during the random searches of subway riders the city instituted in July. FindLaw has more on the ruling.
Friday, September 23, 2005
The FBI Fails (For Now) to Grab Subpoena Powers
The Nation has this article on efforts by the FBI to expand their power under the Patriot Act. "In particular, the bureau has wanted the new Patriot Act measure to award it the right to issue administrative subpoenas. With an administrative subpoena, an FBI agent could--without going to a court or a grand jury--demand that a person or institution hand over any record on another person or organization: financial papers, health records, library records, e-mails and more."
Library Gag to Continue, Court Orders
The New Standard reports: "Free speech advocates lost a round in court Tuesday as a three-judge federal appeals court panel found in favor of the FBI in a case involving the secret seizure of records from a Connecticut library. An anonymous library associate is seeking freedom from a mandatory FBI-imposed gag in order to testify to Congress about the speech-chilling effects of search provisions in the USA Patriot Act."
Thursday, September 22, 2005
A Sci-Fi Future Awaits the Court
"At John Roberts' confirmation hearings last week, there weren't enough discussions about science fiction. Technologies that are science fiction today will become constitutional questions before Roberts retires from the bench. The same goes for technologies that cannot even be conceived of now. And many of these questions involve privacy." Wired has this commentary.
Limiting secrecy under the Patriot Act
"IN THE NEXT week or so, Congress is expected to vote on a bill to renew certain expiring sections of the Patriot Act. The debate over this law is a crucial conversation for our country and for how we protect both the security and privacy of a free citizenry." The Boston Globe has this commentary from the cochairs of the Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism.
Wednesday, September 21, 2005
Government not abusing Patriot Act, speaker says
The Chadron Record reports on comments the U.S. attorney for Nebraska made last Friday at Chadron State College. "Mike Heavican told approximately 100 persons attending a special Constitution Day program at CSC that some criticize the Patriot Act for being passed too hastily following the deaths and destruction of Sept. 11, 2001. However, Heavican said the government has been careful while using the powers laid out in the law and so far the American Civil Liberties Union, which opposes portions of the act, has not found that any abuses have occurred."
Librarians Must Stay Silent in Patriot Act Suit, Court Says
The NYTimes reports: A three-judge panel of the United States Court of Appeals for the Second Circuit in Manhattan handed the federal government a partial victory yesterday in agreeing to a temporary stay of a lower court ruling that would have allowed the plaintiffs, as of today, to discuss the case.
Tuesday, September 20, 2005
Anti-war protesters face years in prison
"The four Ithaca activists go to federal court in Binghamton Monday for the start of their trial on charges stemming from a protest in which they poured blood inside a military recruiting center. It appears to be the first federal felony prosecution in the country related to protests against the Iraq war." The Post-Standard has this article.
Monday, September 19, 2005
Government will have a lot to prove under Patriot Act
New Jersey's Daily Record has this article on a federal judge's ruling on Thursday that the Patriot Act can be used against a man accused of shining a hand-held laser at two aircraft.
U.S. peace activist may have to pay A$11,700 for his deportation from Australia
AP reports: "An American peace activist who was expelled from Australia after being labeled a security threat may have to pay up to 11,700 Australian dollars (US$8,972) for his deportation, his lawyer said Friday."
Patriot Act: Businesses cope with law's requirements
MSNBC has this article on a Patriot Act provision that requires banks, stockbrokers, automobile dealers and other businesses that provide financing to run background checks on each person applying for financing. "Businesses must run the checks on a federal Internet database that contains names of people suspected of being involved in or supporting terrorist activity. They also must collect and manage additional identification and personal information."
Friday, September 16, 2005
Wiretap mosques, Romney suggests
The Boston Globe reports: "Governor Mitt Romney raised the prospect of wiretapping mosques and conducting surveillance of foreign students in Massachusetts, as he issued a broad call yesterday for the federal government to devote far more money and attention to domestic intelligence gathering."
Thursday, September 15, 2005
Post-9/11 secrecy: pervasive and dangerous
The First Amendment Center has this critique of the federal government's increased classification of state information.
Protecting Librarians' Rights
"In a victory for free speech, federal Judge Janet C. Hall has ruled unconstitutional a USA Patriot Act provision that gags librarians and others." The Hartford Courant has this editorial.
Ashcroft defends Patriot Act
"I don't think there have been abuses of the Patriot Act," John Ashcroft told members of the Economic Club of SW Michigan Tuesday at the Mendel Center for the Arts and Technology at Lake Michigan College, adding that "libraries should not be a safe haven for terrorists." The South Bend Tribune has this coverage.
Feds' Search Moves Trouble 9th Circuit
Law.com has this article about three 9th U.S. Circuit U.S. Court of Appeals opinions that found "that border agents searching for contraband may disembowel gas tanks, drill holes in truck beds and disassemble car doors without reasonable cause for suspicion."
Wednesday, September 14, 2005
Roberts' Bad Decision
"Just four days before the Bush administration named John G. Roberts Jr. to fill retiring Justice Sandra Day O'Connor's seat on the Supreme Court, the District of Columbia federal appeals court decided a case called Hamdan vs. Rumsfeld. In a crucial victory for the administration, the court upheld President Bush's creation of special military tribunals for trials of alleged terrorists and denied them the protection of the Geneva Convention. Roberts was one of the judges who decided that case, but he should have recused himself." The LATimes has this commentary.
Act's reach may be as much myth as reality
"Since its passage, there have been a lot of myths attached to the supposed power of Patriot Act laws, from immigrant roundups post-9/11 to the creation of the 'no-fly' list. Some of the powers associated with the act are more a general sense of heightened security by law enforcement agencies than any single bill, some of which was set in motion before any attacks on American soil." The Oakland Tribune has this article.
The Unjust Detention of Jose Padilla
Findlaw.com has this commentary by Joanne Mariner challenging the 4th Circuit U.S. Court of Appeals decision that Jose Padilla, an American citizen arrested in Chicago in May 2002, can be held indefinitely without being charged or released.
Tuesday, September 13, 2005
Professors Ask Chancellor to Oppose Patriot Act
The Daily Californian has this coverage of the request of more than 100 UC Berkeley professors for Chancellor Robert Birgeneau to officially support their opposition to the Patriot Act. In particular, faculty are aiming to back a lawsuit filed by the American Civil Liberties Union against U.S Attorney General Alberto Gonzales last month on behalf of an unnamed Connecticut librarian who is seeking removal of a gag order provision in the act, which prevents him from going public with his experience to Congress.
9th Circuit: Warrantless Searches Must Be Warranted
Law.com has this article about Friday's ruling by the 9th U.S. Circuit Court of Appeals finding that even "if a defendant agrees to warrantless searches in exchange for pretrial release, police still can't search him without probable cause."
Monday, September 12, 2005
Reauthorized USA PATRIOT Act awaiting Bush signature continues to inflame passions
In the first part of a three-day series, The San Mateo County Times looks "at the impact and controversy surrounding the USA PATRIOT Act and its second revision that awaits President Bush's signature."
Padilla v Hanft: A Very Dangerous Decision
"Today's decision in Padilla v Hanft is bad news, though exactly how bad it is will depend on what the Supreme Court does with it -- and who's on that court. The long and the short of it is that the Fourth Circuit Court of Appeals upheld the right of the government to hold even US citizens indefinitely, or for the duration of anything the government chooses to call a war." The Monthly Review has this commentary.
Standing up to the Patriot Act
"Five years ago, an independent bookstore in Denver became the center of a drug investigation and at the same time inadvertently became a model for bookstore owners across the country concerned with the Patriot Act." The Tri-Valley Herald has this article.
MI5 chief warns of civil liberties curb
ITN.co.uk reports that the head of England's security service MI5, in a speech made on Sept. 1, warned that civil liberties may have to be eroded to protect British citizens from terrorist attacks.
Judge rules vs. U.S. in Patriot Act case
AP reports: "A federal judge has lifted a gag order that shielded the identity of librarians who received an FBI demand for records about library patrons under the Patriot Act."
Friday, September 09, 2005
ACLU Responds to Court Ruling Upholding Detention of Jose Padilla
The American Civil Liberties Union issued this press release expressing "disappointment" at today's ruling upholding the military detention of Jose Padilla. The 4th Circuit Court of Appeals reversed a trial court decision that had ordered the government either to criminally charge him or to release him. "We conclude that the president does possess such authority pursuant to the Authorization for Use of Military Force Joint Resolution enacted by Congress in the wake of the attacks on the United States of Sept. 11, 2001," the three-judge panel said in an order posted on its Web site today.
probable cause required for warrantless search of person or home of a pretrial releasee
The blog How Appealing reports that a divided three-judge Ninth Circuit panel has ruled that probable cause is required for the warrantless search of the person or home of a pretrial releasee.
Court Rules U.S. Can Indefinitely Detain Citizens
The U.S. Court of Appeals for the 4th Circuit has ruled in the case of Jose Padilla, a former Chicago gang member who was arrested in Chicago in 2002 and designated an "enemy combatant" by President Bush, "that the president can indefinitely detain a U.S. citizen captured on U.S. soil in the absence of criminal charges, holding that such authority is vital to protect the nation from terrorist attacks." The WashPost has this article.
Nordic states cautious over UK human rights redress
"Nordic states sounded caution on Thursday over a call by Britain to give ordinary citizens' rights precedence over those of terrorism suspects facing deportation and possible torture abroad." Reuters reports here.
Australia announces tougher anti-terror laws
Reuters reports that Australian Prime Minister John Howard has "announced new counter-terrorism laws on Thursday including preventive detention of suspects and use of tracking devices to monitor their movements."
Thursday, September 08, 2005
Locals divided on Patriot Act
"Local residents are torn about the expansion of the USA PATRIOT Act, with some worried about government invasion of privacy, while others want the act expanded to provide more security against terrorism." Keepmecurrent.com has this coverage of a forum that took place last week in Scarborough, Maine.
Government wants biometric data in EU driving licences
Reuters reports: "European Union driving licences should include the holder's fingerprints to boost security, EU president Britain said on Wednesday. The 25-nation bloc has agreed that passports, visas and identity cards issued by EU states should include biometric data. Home Secretary Charles Clarke said the logical next step would be to include them in driving licences."
Clarke tells EU to share terror email data
British Home Secretary Charles Clarke yesterday urged the European Union to adopt tougher anti-terrorism measures, in particular arguing that holding e-mail and telephone records for up to three years would not undermine human rights. "Practical measures such as this one can enhance security and the sharing of information. They will not lead, as some have argued, to the mass surveillance of our citizens or to unnecessary invasion of the citizens' rights to privacy," he said. The Guardian reports here.
Wednesday, September 07, 2005
Text messages copied by feds
Newsday reports on a trial in which federal investigators seized copies of thousands of pager text messages involving two rap impresarios. "Copies from about three years of electronic conversations were seized under a law that allows investigators to obtain electronic communications made over a 'remote computing service' with only a search warrant, said the defense. That law allows the government to sidestep the older and more stringent requirements normally used in wiretap cases where conversations are intercepted, the defense attorneys argued in their filings."
Report: Government secrecy grows, costs more
AP reports: "The government is withholding more information than ever from the public and expanding ways of shrouding data. Last year, federal agencies spent a record $148 creating and storing new secrets for each $1 spent declassifying old secrets, a coalition of watchdog groups reported on Sept. 3."
Monday, September 05, 2005
Roberts tapped for higher court calling
"By naming Supreme Court nominee John Roberts to succeed William Rehnquist as chief justice, President Bush is seeking to avoid a Senate showdown that might have left the nation's highest court short-handed and embroiled in controversy with a new term fast approaching." The Christian Science Monitor has this report.
Friday, September 02, 2005
Atlanta Court Bans Strip Search
AP reports that the Eleventh U.S. Circuit Court of Appeals has reluctantly ruled that jailers violated the Constitution when they conducted blanket strip-searches of pretrial detainees. "The court said it was bound by legal precedent to find that indiscriminate strip-searches violate the Fourth Amendment's guarantee against unreasonable searches."
Spying on the Protesters
"Scattered evidence accumulating around the country suggests that the domestic surveillance that occurred during the Vietnam War may be returning, involving a more coordinated federal effort through the National Guard as well as the Joint Terrorism Task Forces (JTTFs), teams of state and local police, and federal agents, led by the FBI." The Nation has this article.
Court Papers Unsealed in Patriot Act Challenge
"In a victory for privacy and civil liberties advocates, the federal judge overseeing a challenge to expanded law enforcement search powers under the Patriot Act ordered a number of court documents unsealed Wednesday." The New Standard has this account.
Thursday, September 01, 2005
State police deny labeling Michigan groups as terrorists
AP reports: "The Michigan State Police issued a statement yesterday denying that it had labeled members of two Michigan activist groups as terrorists."
U.S. Alters Rules for War Crime Trials
NYTimes reports: "Pentagon officials announced procedural changes Wednesday to the military commissions created by the Bush administration to try terrorism suspects on war crimes charges at Guantánamo Bay, Cuba. The officials said the changes would not only make the commissions more efficient but also respond to international criticism that the trials were unfair. Several critics, however, said the changes did not address some fundamental problems with the proceedings, which, given a favorable ruling in a case now before the Supreme Court, are likely to resume this fall."
Librarians Resist Act's Secrecy
The Hartford Courant has this article about the lawsuit the ACLU has filed on behalf of an undisclosed Connecticut library challenging a gag order imposed by the provisions of a "national security letter" in the investigation of the library's records. "Welcome to the post-9/11 world where civil liberties and national security clash daily."
At Stake in Court: Using the Patriot Act to Get Library Records
"Earlier this month, the civil liberties group sued the federal government in United States District Court here after federal agents served a request, known as a national security letter, upon a Connecticut-based organization that is a member of the American Library Association." The NYTimes has this article.
