Blog of Rights

FOIA Documents Show FBI Was Watching Occupy Protestors, Some Docs Still Secret on National Security Grounds

By Linda Lye, Staff Attorney, ACLU of Northern California at 10:23am

Just shy of the one-year anniversary of the inaugural Occupy Wall Street protests, the ACLU of Northern California obtained initial documents from the FBI about surveillance of Occupy demonstrations in the region (see the FBI’s response here).

The documents came after an ACLU-NC lawsuit filed after the FBI refused to release any documents in a Freedom of Information Act request. The documents are significant for two reasons:

Protecting and Serving All, Regardless of Faith

By Edward L. Smith, Former Chief of Police at 4:47pm

As a former police chief of numerous Oklahoma towns, including Seminole, Clinton, Blackwell, Owasso, Bethany, and Chickasha, I have seen officers disciplined for a variety of insubordinate acts. During my 35 years in law enforcement, however, I have never had to discipline an officer for refusing to carry out an assignment because he objects to the faith of the individuals he has been ordered to serve. Indeed, no officer serving under me has claimed that right because every law enforcement official knows that refusing orders on these grounds would not only amount to insubordination, but would also violate the oath sworn by all officers to uphold the U.S. Constitution. That oath requires that as, police officials, we serve and protect all members of the community, regardless of faith or belief.

Radically Wrong: Misstated Threats - Terrorism isn’t an American-Muslim Problem

By Dena Sher, ACLU Washington Legislative Office at 4:50pm

Despite evidence to the contrary, the government continues to embrace a theory that adopting radical ideas is a first step toward terrorist violence. Based on this discredited model, "preventive" policies are being pursued, resulting in discrimination, suspicionless surveillance of entire communities, and selective law enforcement against belief communities and political activists. The following is the second installment in the ACLU blog series "Radically Wrong," which highlights counterterrorism policies that are not only ineffective, but also undermine our constitutional rights.

CISPA Claws Back to Life

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 1:54pm

It's baa-aaack.

The House cybersecurity bill that allows the National Security Agency (NSA) and the military to collect your private internet records is scheduled for an encore appearance on Wednesday. House Intelligence Committee Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD) will reintroduce the Cyber Intelligence Sharing and Protection Act (CISPA), which news reports say will be the same bill that passed the House of Representatives last year.

New Justice Department Documents Show Huge Increase in Warrantless Electronic Surveillance

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 1:32pm

Justice Department documents released today by the ACLU reveal that federal law enforcement agencies are increasingly monitoring Americans’ electronic communications, and doing so without warrants, sufficient oversight, or meaningful accountability.

The documents, handed over by the government only after months of litigation, are the attorney general’s 2010 and 2011 reports on the use of “pen register” and “trap and trace” surveillance powers. The reports show a dramatic increase in the use of these surveillance tools, which are used to gather information about telephone, email, and other Internet communications. The revelations underscore the importance of regulating and overseeing the government’s surveillance power.  (Our original Freedom of Information Act request and our legal complaint are online.)

Torture with Impunity

By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 5:33pm

Yesterday, a dark chapter in American history got that much more disgraceful. Attorney General Holder announced the closure of the last two open criminal inquiries into abusive interrogations by CIA officials. The pronouncement means that not a single CIA official will be prosecuted in federal courts for any of the abuse, torture or even death that took place at the hands of CIA officers and contractors. 

The Biggest New Spying Program You’ve Probably Never Heard Of

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 2:18pm

Update: Since this piece was posted, the ACLU has filed FOIA requests seeking more information on data-mining by the NCTC. Read more »

What if a government spy agency had power to copy and data mine information about ordinary Americans from any government database? This could include records from law enforcement investigations, health information, employment history, travel and student records. Literally anything the government collects would be fair game, and the original agency in charge of protecting the privacy of those records would have little say over whether this happened, or what the spy agency did with the information afterward. What if that spy agency could add commercial information, anything it – or any other federal agency – could buy from the huge data aggregators that are monitoring our every move?

Victory in Court: CIA Can No Longer Refuse to "Confirm or Deny" on Drones

By Brett Kaufman, Legal Fellow, ACLU National Security Project at 1:48pm

In an important victory for transparency, a federal appeals court today put an end to the CIA's absurd claims that it "cannot confirm or deny"...

European Parliament Members Speak Out Against U.S. Targeted Killing Program

By Noa Yachot, Communications Strategist, ACLU at 1:47pm

In a sign of the growing international concern over the U.S. targeted killing program, three European parliamentarians today expressed grave concern over the program, its human rights implications, and its destabilizing effects on international law.

In Brussels yesterday, several members of the European Parliament (EP) hosted a first-ever briefing on the topic with the ACLU’s Hina Shamsi and Jamil Dakwar, and the U.N. Special Rapporteur on human rights and counter-terrorism, Ben Emmerson. It was announced today that two EP subcommittees will hold a hearing next month to further investigate the U.S. program.