Department of Homeland Security

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Profiling Muslims at the Airport

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:20pm

I finally had a chance to read this extended debate between the security-ologist Bruce Schneier and critic-of-religion Sam Harris (yes that Sam Harris) over whether we should profile Muslims in airport security.

First of all, Sam Harris performs a useful function by articulating a more sophisticated version of what is the intuitive position for many Americans, which runs something like: “we know who the danger is, it ain’t old ranchers from Texas or pretty blondes from San Diego—it’s Muslims, so let’s focus airport security on them.” (I hear this regularly myself when discussing airline security in public.) By fearlessly arguing for such profiling—which many people might quietly suspect makes sense—Harris sets it forth explicitly so that it can be explicitly debunked. And Schneier not only debunks it, he demolishes it.

The Constitution Applies When the Government Bans Americans From the Skies

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project & Hina Shamsi, Director, ACLU National Security Project at 2:58pm

The government does not have the unchecked authority to place individuals on a secret blacklist without providing them any meaningful...

ACLU Files FOIA Request for Unreleased DHS Privacy Report on Laptop Searches at the Border

By Katie Haas, ACLU Human Rights Program at 10:07am

Aiming to determine the impact of border searches on Americans’ civil liberties, the Department of Homeland Security has produced a report on its policy of combing through and sometimes confiscating travelers’ laptops, cell phones, and other electronic devices—even when there is no suspicion of wrongdoing. The report was completed sometime between October 2011 and September 2012, and last week DHS quietly posted only the executive summary on its website, without many people noticing.

Oversharing Is Never a Good Thing, Especially When it’s With DHS

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 1:55pm

Sometimes sharing is bad. Don’t worry. We don’t plan to rush into kindergartens across America and break the news to all the 5-year-olds, but it’s true. Especially when it comes to national security and your privacy, it may be necessary to collect and use certain information, but wrong to share it.

When a federal government advisory committee recently revealed that the Department of Homeland Security (which contains both the Secret Service and the TSA) is in the “process of creating a policy framework and technology architecture for enhancing DHS's information-sharing capabilities,” it immediately raised these types of concerns and today we sent a letter to DHS outlining those concerns.

Facebook, Twitter and DHS: Which One of These Things is Not Like the Others?

By Sandra Fulton, ACLU Washington Legislative Office at 4:58pm

It's tricky monitoring public information online, especially if you're the Department of Homeland Security (DHS). Having the government turn a blind eye to information that anyone can read seems strange, yet the practice raises significant questions. Apparently the House Homeland Security Committee feels the same way — that's why it's holding a hearing tomorrow on the Department of Homeland Security's monitoring of social networking sites like Facebook and Twitter.

Muslim Profiling and Behavioral Profiling

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:24pm

Yesterday I posted about the debate over profiling Muslims at the airport, and how Bruce Schneier persuasively argued that the concept, which seems so intuitively sensible to so many Americans, is a terrible idea even just from a security point of view. He also commented on the other, less tangible costs that such a scheme would impose, such as the alienation of Muslims from American life, and the corruption of our values.

ACLU to Congress: Keep Cybersecurity Information Sharing Out of Military Hands!

By Robyn Greene, ACLU Washington Legislative Office at 4:49pm

As Congress debates cybersecurity legislation, one of the most significant questions legislators are tackling addresses where to house...

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.

TRUST Act: California Could Set National Model for Correcting the Damage Done by S-Comm

By Danielle Riendeau, ACLU of Northern California at 1:27pm

Juana Reyes is a food vendor and mother of two who was arrested, and detained in immigration jail for two weeks (while her children were taken away and placed in foster care) - all because she was selling tamales in front of a Sacramento Walmart. 

In fact, she had been a food vendor for years, with no incidents.  The trouble only came when a new security guard tried to remove her from the premises, and local police filed trespassing and “interfering with business” charges at her. Just like that, Juana was locked away, even though the state criminal charges were minor and eventually dropped by the local prosecutor. 

ACLU to Congress: Keep Cybersecurity Information Sharing Out of Military Hands!

By Robyn Greene, ACLU Washington Legislative Office at 4:58pm

UPDATE: Due to a winter storm approaching Washington, D.C., tomorrow's House Homeland Security Committee hearing on cybersecurity has been postponed for a later date.

As Congress debates cybersecurity legislation, one of the most significant questions legislators are tackling addresses where to house an information sharing program that would allow the private sector to hand over Americans' most private online information to the government: in a civilian or a military agency?

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