www.aclu.orgJOIN THE ACLUTAKE ACTIONDONATEABOUT US
ACLU Blog of Rights - Official Blog of the ACLU National Office Blog of Rights Homepage Support the ACLU

Join Us At:

Apr 30th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Samuel Milgrom, Washington Legislative Office at 5:01pm

Mass Con-Fusion

You mean to tell me that it is legal for corporations from the private sector to team up with local law enforcement officials in efforts to spy on innocent members of our society? You also mean to tell me that the synthesis of law enforcement authority and the drive of for-profit companies operate under little to no guidelines or restrictions and it is unclear to whom they are responsible to?

Welcome to the world of fusion centers, where according to an article by Eric Schmitt of The New York Times, Surveillance Effort Draws Civil Liberties Concern:

A growing number of big-city police departments and other law enforcement agencies across the country are embracing a new system to report suspicious activities that officials say could uncover terrorism plots…

…Officers are filling out terror tips sheets if they run across activities in their routines that seem out of place, like someone buying police or firefighter uniforms, taking pictures of a power plant or espousing extremist views.
Really, taking pictures of power plants? Espousing extremist views? These actions are worthy of being written up in a daily intelligence briefing on terrorism? I never knew taking pictures of power plants was illegal or could be suspicious enough to be considered a potential terrorist threat. And last time I checked the First Amendment was still intact and protected the freedom to voice your own views.

The ACLU has long-warned about the dangers of fusion centers and even wrote a report in 2007 (which we updated last year).

The absence of standards governing data collection — how data is collected, what data is collected, who data is collected from, who the fusion centers share information with, what they do with that information in the meantime, and ultimately who is responsible for overseeing the data collection — is incredibly problematic.

Of course law enforcement agencies should share lawfully gathered criminal intelligence, and it is a good idea for those agencies to be on the same page moving forward in order to continue to keep our country safe. But to operate these surveillance centers without guidelines and standards is negligent at best, if not an assault on innocent citizens’ rights to privacy, free speech and freedom of assembly.

Just like anything else, throwing money at a problem and asking as few questions as possible simply will not work. And worse, not providing any guidelines or not holding programs accountable for their actions has led to illegal invasion of privacy and abuse of power, time after time.

Even more problematic is the chilling effect generated as a result of more frequent investigations and apprehensions of innocent individuals and groups falsely accused of engaging in suspicious and potentially terrorist activity.

That scenario is more unpatriotic and poses as large a threat to the underpinnings of our society than any of the activities the fusion centers have reported and investigated.

In order for our basic liberties to be restored, the confusion surrounding what is being collected and with whom that information is shared and what is done with it needs to be cleared up. Straightforward guidelines and standards allow for ethical and effective police work and reduce the chance that civil liberties will be violated. Let us hope we will see the establishment of such guidelines and standards soon.

Apr 29th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Samuel Milgrom, Washington Legislative Office at 12:40pm

Cracked Reasoning

"Crack the Disparity," our big red buttons read.  

"This isn't tough on crime! This is exploiting the low-hanging fruit!" a woman exclaimed as she passed out Good Humor chocolate bars that were wrapped in paper that read:

Stop Senseless "junk food science." The weight of 1 candy bar in crack = 10 years in federal prison. Two-thirds of Federal crack cocaine cases are prosecuted for possession of the weight of the 50-gram candy bar in crack cocaine.
One needs a good sense of humor if you think these laws are just.

With the addition of my third cup of coffee, these rallying cries and props were definitely getting me in the mood to lobby at 8 a.m. this morning.

Although I have interned at three public policy advocacy organizations here in D.C., today was my first time experiencing a lobby day. I was quickly energized by the passion that spread from the folks I squeezed in next to in the Russell Senate building hearing room.

People of many ages, colors, occupations, religions and regions of the United States came together to lobby on behalf of the same cause: eliminating the 100-to-1 sentencing disparity between crack and powder cocaine.

I don't mean to be sappy, but I was truly moved and became genuinely emotional as I listened to the multiple reasons that brought the many people to the Hill today to lobby against the crack cocaine sentencing disparity.

One young woman around my age (early to mid 20's) was from South Carolina. Her first cousin is a police officer who faces a life sentence because of an erroneous crack cocaine possession with intent to distribute charge.

Another woman, a teacher in Philadelphia who works with young African-American men who have been convicted of drug-related crimes, told me she was there because as far as she knew and could understand, crack cocaine and powder cocaine are the same drug and should be treated and controlled as such, especially because of how the sentencing guidelines disproportionately discriminates against people of color.

Kemba Smith, who addressed the group during the briefing, is a young woman who would still be serving a prison sentence until 2016 for possession of 255 kilos of crack cocaine if she hadn't been granted an executive clemency nearly a decade ago. Based on the sentencing guidelines at the time and that are still in place today, she was sentenced to 24.5 years. Fortunately, she served only a little more than six. The truly unjust part of her story is that the crack was her boyfriend's and because she didn't inform the authorities but instead kept it to herself, she was charged and convicted with conspiracy to distribute crack cocaine, money laundering, and making false statements, despite the fact that the prosecutor admitted that she never actually handled or sold drugs. During her time in prison she gave birth to her son while shackled to the prison bed.

These heart-wrenching, personal, real-life stories, told by the folks who suffered because of this irrational and consequently racist legislation, stoked the fire just enough for the group to want to get up and demand a change in policy from our legislature right then and there.

Well, that was the plan.

Later in the day, I joined a few others to meet with Sen. Arlen Specter (D-Pa.), who announced that he'd switched political parties just a few hours before our scheduled meeting.

Apparently his office was too much of a media circus, so the six of us waited to hear from one of his assistants as to where our new location for our meeting would be. We were directed to two other rooms between two different Senate buildings before we were finally greeted by Sen. Specter's Chief Counsel for Crime and Terrorism. There was no open room for us to sit and discuss the importance of eradicating the 100-to-1 sentencing disparity, so we stood in the lobby and quickly and passionately expressed our desire for a change in policy.

Although it seemed as though we were sent on a wild goose chase in order to present our position, I am confident our plea did not fall on deaf ears. Sen. Specter's representative expressed how he was informed on the issue and that he personally supported our stance and nearly guaranteed, regardless of political party, that the senator felt the same way.

The meeting was short and to the point. Although the lobby visit paled in comparison emotionally to the early morning briefing, it served an important purpose and is the best way to get lawmakers' attention. The senator's representative made sure to ask where we were from and the four who were from Pennsylvania informed him of that and he did not take that lightly. They are constituents after all, and if the senator doesn't listen to them, he could be out of a job.

Though skeptical at the beginning of the meeting because of its confines, I walked away confident that we made our position clear and that our efforts had been enough to urge the senator to see the logic in sentencing the possession of crack and powder cocaine identically.

Although this was the last opportunity to lobby against the crack and powder cocaine sentencing disparity, I hope to revisit the Hill to advocate for other issues many more times in the future.

 

Quicksearch


© ACLU, 125 Broad Street, 18th Floor New York, NY 10004
This is the Web site of the American Civil Liberties Union and the ACLU Foundation.
Learn more about the distinction between these two components of the ACLU.

User Agreement | Privacy Statement | FAQs | Site Map