FOIA

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:

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.

Does the Government Think It Can Read Our Mail Without a Warrant Just Because It’s Electronic?

By Sarah Roberts, Speech, Privacy and Technology Project at 4:39pm

Today the ACLU filed a lawsuit under the Freedom of Information Act to force the government to disclose information about the circumstances in which it accesses the contents of Americans’ private electronic communications without obtaining a warrant based upon probable cause. Such communications can include email, text messaging, and private conversations on social networks. While there is reason to believe this practice is widespread, there is much we don’t know about this government eavesdropping: when it happens, how often it’s done, who they’re watching, how long they monitor these communications, and what policies they have established regarding this monitoring. Through the lawsuit filed today, we hope to find out much more.

Torture: America's Export

By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 12:07pm

Yesterday, the Open Society Justice Initiative (OSJI) issued a comprehensive report laying out the scope of the CIA's extraordinary rendition, secret prison and torture program. The report, following up on the ACLU's 2012 Torture Report, traces the evolution of the program, through which the CIA kidnapped terrorism suspects from around the world, flew them secretly to "black sites" – where they were held incommunicado without charge or trial – and tortured them. The OSJI report reveals that 54 nations, more than a quarter of the world, directly participated in the torture program, including through housing CIA prisoners on their soil, where they were often tortured; helping kidnap terrorism suspects and ship them overseas without any legal process; and allowing CIA planes to use their airspace and airports for those kidnapping missions. (Check out the report to learn which countries participated, and what types of assistance they offered). And it compiles the largest, most detailed list yet of the men and women thrown into these horrific black holes, naming 136 victims, many of whose whereabouts remain unknown today.

Government Increasingly Invoking National Security to Circumvent FOIA

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 5:23pm

The government is increasingly relying on a national security pretext to bolster its secrecy claims, an Associated Press report released yesterday reveals. Analysis conducted by the news agency shows that the Obama administration cited legal exemptions to deflect requests for records under the Freedom of Information Act more often in 2012 than in any previous year.

Bill to Stop Modern Day Slavery under Government Contracts

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 12:44pm

Last month the ACLU released a joint report with Yale Law School, Victims of Complacency, that documents the ongoing trafficking, forced labor and abuse of foreign workers hired through U.S. government contracts to work in support of U.S. military and diplomatic missions abroad. Recruited from impoverished villages in countries such as India, Nepal and the Philippines, these men and women – known as Third Country Nationals – are charged exorbitant recruitment fees, lied to about what country they will be taken to and how much they will be paid, and often have no choice but to live and work in unacceptable and unsafe conditions.  These abuses amount to modern day slavery; all on the U.S. tax payers’ dime. Now members of Congress want to act to ensure that federal funds are no longer facilitating such exploitative, abusive and illegal practices.  

Happy Birthday, FOIA: The Myths and an Unlikely Hero Behind the Origin of the Freedom of Information Act

By Sam Walker, University of Nebraska at Omaha at 12:52pm

Happy birthday, FOIA!

July 4 marks the 46th birthday of the Freedom of Information Act. President Lyndon Johnson signed the historic law on July 4, 1966, at his ranch in Texas. FOIA has become a cornerstone of American democracy, making it possible for Americans to find out what their government is doing and to hold it accountable for its actions.

ACLU Launches Torture Database in Recognition of International Day in Support of Victims of Torture

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 4:41pm
In recognition of the International Day in Support of Victims of Torture, we launched the Torture Database, a compilation of over 100,000 pages of documents related to the Bush administration’s rendition, detention, and interrogation policies and practices. The database is our effort to provide meaningful public access to the primary documentation of torture and abuse during the years following September 11, 2001.

Members of Congress Urge Investigation of FBI Muslim Surveillance

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 11:37am

Yesterday 22 Members of Congress sent a letter to the Inspector General of the Department of Justice urging him to launch an investigation into the Federal Bureau of Investigation's improper recording and dissemination of information about the First Amendment-protected activities of American Muslims. Several of the members who joined the letter-including Representatives Pete Stark (D-CA-13), Anna Eshoo (D-CA-14), Sam Farr (D- CA-17), Mike Honda (D- CA-15), Zoe Lofgren (D-CA-16), and Barbara Lee (D-CA-09) -represent districts in Northern California in which FBI memoranda document the use of community outreach for intelligence purposes.

Appeals Court Says CIA Can Hide Torture Evidence from Public

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 1:52pm

Earlier this week, a federal appeals court ruled that the CIA can effectively decide for itself what Americans are allowed to learn about the torture committed in their name. At issue in the ACLU’s long-running Freedom of Information Act lawsuit was the agency’s right to withhold secret cables describing waterboarding; a photograph of a detainee, Abu Zubaydah, taken around the time that he was subjected to the “enhanced interrogation techniques”; and a short phrase that appears in several Justice Department memos referring to a “source of authority.”

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