Blog of Rights

Michael
German

Manufacturing a “Black Separatist” Threat and Other Dubious Claims: Bias in Newly Released FBI Terrorism Training Materials

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 1:31pm

In a throwback to the J. Edgar Hoover-era COINTELPRO investigations targeting civil rights and anti-war activists, the FBI is now training its agents to be on the lookout for "Black Separatist" terrorists, according to FBI training materials released today by the ACLU. These new disclosures, obtained through Freedom of Information Act litigation, are the latest in a growing flood of FBI training materials that include factually flawed and biased information.

Radically Wrong: A Counterproductive Approach to Counterterrorism

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 10:52am

Governments often interpret radical ideas that challenge the existing social and political orthodoxy as threatening...

Fusion Centers: Too Much (Bad) Information

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 4:32pm

The official verdict is finally in, thanks to a congressional report out today: state and local law enforcement intelligence “fusion centers” funded by the Department of Homeland Security are failing to safeguard both our constitutional rights and our security.

Back in 2007, when the ACLU began investigating the growth of these centers, there was little public information available about where these centers were, who was in charge of them, who participated, what information they collected or what they did with it. Our first report highlighted “excessive secrecy” as one of the major problems with fusion centers, recognizing that a lack of public accountability has too often in the past allowed police intelligence operations to turn their focus away from suspected criminals and toward political activists, racial and religious minorities, and immigrant communities. In a 2008 follow-up report, we chronicled many of the early signs of trouble in these institutions.

Does Intelligence Have to be so Unintelligent?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 4:27pm

You would think that with an annual budget topping $70 billion, the intelligence community would employ the most rigorous scientific research methods and conduct exacting empirical studies to support its assumptions and evaluate the effectiveness of its programs. You would be wrong. Radically wrong.

In fact, our intelligence agencies do their best to avoid meaningful oversight or accountability, and setting empirically measurable benchmarks to evaluate the success or failure of particular programs would only invite the kind of scrutiny they eschew. Then-Defense Secretary Donald Rumsfeld famously complained way back in 2003 that "we lack metrics to know whether we are winning or losing the global war on terror," but ten years later the intelligence community continues to avoid setting such metrics.

Who’s a Radical Now?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:10am

The Bipartisan Policy Center published a report last week called, “Countering Online Radicalization in America,” which strongly endorsed First Amendment principles in rejecting censorship as an appropriate tactic for addressing violent extremist content on the Internet.  The report evaluated the many methods governments around the world use to censor the Internet – including filtering or blacklisting online content, taking down websites (either through legal means, cyber attacks or appealing to private sector providers), and prosecuting Internet content producers – and rejected them all as both ineffective in stopping the spread of undesirable ideas, and an affront to American values: “For the United States, the cost-benefit analysis would be even clearer:  with its long and cherished tradition of free speech, the creation of a nationwide system of censorship is virtually inconceivable.”  But the BPC’s positive recommendations are potentially undermined by its continuing embrace of a radicalization theory that draws too close a causal connection between “radical” ideas and violent action.

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