Blog of Rights

Michelle
Richardson

Michelle Richardson is a Legislative Counsel with the American Civil Liberties Union Washington Legislative Office where she focuses on national security and government transparency issues such as the Patriot Act, the Foreign Intelligence Surveillance Act, cybersecurity, state secrets and the Freedom of Information Act. Before coming to the ACLU in 2006, Richardson served as counsel to the House Judiciary Committee where she specialized in national security, civil rights and constitutional issues for Democratic Ranking Member John Conyers (D-Mich.).

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CISPA Explainer #3: What Can Be Done With Information After It Is Shared?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 11:09am

We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill up...

CISPA Explainer #2: With Whom Can Information Be Shared?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:20am

We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill up next week, and the full House to vote on it the week after that, we're dissecting its shortcomings. Information sharing isn't offensive per se; it's really a question of what can be shared, with whom, and what corporations and government agencies can do with it. Yesterday we told you what could be shared (read: your personally identifiable information) and today we discuss where that information ends up.

A FOIA White Out

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 4:46pm

Secret law exists inside the United States.

As we wrote a few weeks ago, one of the main issues discussed on the Senate floor during the FISA debate was secret law.  Under the law,  the Foreign Intelligence Surveillance Court makes secret interpretations and secret rulings about something that should never be secret: our constitutional rights. Sen.  Jeff Merkley (D-OR) fought for an amendment that would have required the administration to release the court’s opinions, to provide unclassified summaries of them, or to certify how many there are and why they can’t be released.

Warrantless Wiretapping Program Expires in Three Weeks: What Will the Senate Do?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:39am

As we've told you many times, we believe the FISA Amendments Act is unconstitutional and have taken it to the Supreme Court . There’s not a vote in sight in the Senate. Frankly, that’s not a bad thing. We won't be disappointed if it sunsets on Dec. 31, as scheduled.

However, it's likely the Senate will eventually vote to reauthorize FISA, and its extraordinary authority to collect international communications coming in and out of the U.S. without a warrant. But senators Wyden, Leahy, Merkley and Tester are working hard to offer amendments that would increase transparency about the use of this very powerful spying law and insert common- sense protections for Americans' information.

Senate Votes Down Improved Cybersecurity Bill

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 2:12pm

This morning, the Senate voted against moving forward on cybersecurity legislation, ending the bill’s chances at final passage.

As we told you earlier this week, the Senate version of the cybersecurity bill (S. 3414, the Cybersecurity Act), was recently significantly improved with several new privacy- oriented changes, including a mandate that information shared with the government under the program go to civilian agencies and not the National Security Agency or other military components.

Cyber Update: Do or Die Time

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 3:40pm

Cybersecurity legislation is on the Senate floor at this very moment, and critical votes could start as early as this evening. Here’s your primer on what’s at stake and how we expect things to go down.

Where are we in the process? Sen. Reid filed cloture on the bill last night, which means he’s ready to try for that 60-vote procedural threshold (which, according to the Senate rules, will determine whether they will move on and fully consider the bill). If he doesn’t strike a deal with Republicans sometime today, that vote will happen tomorrow morning. If his gamble pays off and he gets his 60 votes, the Senate will then turn to amendments, and hold the final vote by Friday. Of course, if there are not 60 votes, the bill is done for now, with a big question mark of what will happen when Congress comes back in the fall.

Sen. Franken To File Crucial Amendment to Cyber Bill

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 3:28pm

Last week, we gave you a quick rundown of the new privacy additions to S. 3414, the Cybersecurity Act of 2012.  Also known as the Lieberman-Collins bill, this legislation provides comprehensive cybersecurity reform. 

New Senate Cyber Bill No Better Than Last Version

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:41pm

Yesterday, Republican Senators introduced a rewrite of their cybersecurity bill, known as SECURE IT. Advocates registered their opposition to the bill last month and its CISPA-like expansion of military authority to collect sensitive information on Americans’ internet use.  

Despite claims the contrary, the new bill has not been substantially amended and still does not meaningfully limit the amount or type of information that the government can collect from companies that hold very private and personal data. Most importantly,

Senate Committee Releases Report On FISA Reauthorization

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 2:44pm

This past Friday, the Senate Intelligence Committee publicly released its report on S. 3276, a five year extension of the FISA Amendments Act (FAA). The Committee voted 13-2 to extend the FAA-the law that legalized President Bush’s warrantless wiretapping program and more --without amendment, and without conducting any public oversight. The Committee also rejected crucial amendments by Sens. Ron Wyden (D-OR) and Mark Udall (D-CO) that would have increased transparency and privacy protections for Americans.

FISA Amendments Act is Back

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:28am

Remember the George W. Bush warrantless wiretapping program? The one that was so illegal that Congress had to pass a special law to ensure that no one was prosecuted for it or sued by their customers for facilitating it? And was found by independent reviewers to be pretty pointless anyway? And was then brilliantly codified and written into stone by Congress? And which almost immediately went off the rails, being used to collect all sorts of stuff it wasn’t supposed to? It’s back!

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