FOIA

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.

DOJ Emails Show Feds Were Less Than "Explicit" With Judges On Cell Phone Tracking Tool

By Linda Lye, Staff Attorney, ACLU of Northern California at 11:06am

(Update below)

A Justice Department document obtained by the ACLU of Northern California shows that federal investigators were routinely using a sophisticated cell phone tracking tool known as a "stingray," but hiding that fact from federal magistrate judges when asking for permission to do so.

ACLU Sues As DOJ Ignores Surveillance Transparency Law

By Avinash Samarth, ACLU National Security Project at 11:32am

Today the ACLU filed a Freedom of Information Act lawsuit to force the government to release statistics about its use of powerful electronic surveillance tools that law enforcement can use against any American simply by stating to a judge that it’s relevant to an investigation. The Department of Justice is required to disclose these statistics to Congress each year, yet routinely fails to do so. Today’s suit is an effort to compel the DOJ to follow the law (here are our complaint and our FOIA request).

Government Confirms That It Has Secret Interpretation of Patriot Act Spy Powers

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 12:59pm

The government has just officially confirmed what we've long suspected: there are secret Justice Department opinions about the Patriot Act's Section 215, which allows the government to get secret orders from a special surveillance court (the FISA Court) requiring Internet service providers and other companies to turn over "any tangible things." Just exactly what the government thinks that phrase means remains to be seen, but there are indications that their take on it is very broad.

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.

Further Reflections About John Brennan's Targeted Killing Speech

By Jameel Jaffer, Deputy Legal Director, ACLU at 11:48am

The president's chief counterterrorism advisor delivered a speech yesterday at the Woodrow Wilson International Center for Scholars in Washington, D.C. We issued a first reaction here. Here are some further thoughts:

"Victims of Complacency": Trafficking and Abuse of Migrant Workers on U.S. Military Bases

By Steven Watt, Senior Staff Attorney, ACLU Human Rights Program & Valerie Brender, Iraqi Refugee Assistance Project at 1:29pm

Ramesh, a college graduate from India, borrowed $5,000 from a loan shark to pay a recruiting agent for the opportunity to work in Kuwait as a storekeeper at a wage of $800/month. His aims were simple: to provide a better life for himself and his family.

CIA: We Do Not "Concede or Not Concede" that Waterboarding is Illegal

By Alexander Abdo, Staff Attorney, ACLU National Security Project & Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 1:45pm

On Friday, the ACLU appeared before the 2nd Circuit Court of Appeals in New York to argue that the Freedom of Information Act (FOIA) requires the CIA to release documents describing its use of waterboarding. The simple question at the heart of the hearing was this: is waterboarding an "intelligence method" that can be protected from disclosure under FOIA? We argued that the answer — of course not — is easy because even the president himself has declared that waterboarding is illegal. Exposing official misconduct to public scrutiny is the chief purpose of FOIA. But it cannot serve that purpose if even officially confirmed illegality is protectable.

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.  

Sounding "Suspicious": Making Sure the FBI Protects Americans AND Our Liberties

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 2:12pm

Today we filed a lawsuit to enforce a Freedom of Information Act (FOIA) request asking the government for information about a nationwide FBI system called eGuardian, which is used to collect and share so-called "Suspicious Activity Reports" (SARs) about people from local, state and federal law enforcement and intelligence agencies. The government has been using eGuardian since January 2009 to compile data on thousands of Americans, and the ACLU wants to know how this system works, and what safeguards are in place to make sure that the constitutional rights of innocent people are protected.

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