Government Secrecy

Demanding Answers for Three Deaths at Guantánamo

By Avinash Samarth, ACLU National Security Project at 5:00pm

On November 28, the ACLU filed a request under the Freedom of Information Act seeking the U.S. military’s autopsy reports of the three men who died most recently while detained at Guantánamo Bay. The men—Adnan Latif, Awal Gul, and Hajji Nassim (also known as “Inayatullah”)—had been held at the prison camp indefinitely and without charge. They died on September 8, 2012, February 2, 2012, and May 18, 2011, respectively. You can read our request here.

Vast New Spying Program Was Started in Secret on a Bogus Pretext

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 11:25am

The Wall Street Journal today published (alternate link) an in-depth review of a new, relatively unknown program run by the National Counterterrorism Center (NCTC). Although we have been warning about the dangers of the program for months, and I testified before Congress about the issue in July, the Journal’s story conveys how controversial the program was even inside the government. It also describes the broad scope of new authority the government is granting itself.

Hotel Lock Security Vulnerability is Reminder of Government’s Ambiguous Role in Protecting Security

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:36am

This summer, at the Black Hat security conference, a security researcher presented details of a troubling security flaw: An electronic lock system, used in more than 4 million hotel rooms around the world, is vulnerable. The researcher, Cody Brocious, revealed that with less than $50 in electronic parts, a device can be built that will open one of the vulnerable locks in seconds. Just a few months after Brocious revealed the flaw, hotels in Texas reported a string of thefts by burglars from rooms, all protected by vulnerable locks.

Is the Obama administration's drone war legal? Why should we be concerned?

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 12:23pm

This was originally posted on PrivacySOS.

Former Bush administration attorney John Bellinger, ACLU Center for Democracy Director Jameel Jaffer and WSJ Pentagon correspondent Julian Barnes appeared on NPR's On Point program to discuss the legality of the Obama administration's seemingly ever-expanding drone war.

In Court Today: Fighting Judicial Secrecy in the WikiLeaks Investigation

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 9:30am

(Updated below)

In another round of the legal battle over the records of Twitter users sought by the government in connection with its WikiLeaks investigation, the ACLU and the Electronic Frontier Foundation (EFF) are appearing before a federal appeals court in Richmond this morning, arguing that the public has a right to know about secret court orders and other documents related to government efforts to obtain Internet users’ private information without a warrant.

Guantánamo Dispatch: Arguing for the First Amendment

By Zach Levine, ACLU National Security Project at 5:18pm

With the world watching, a pre-trial hearing got underway this week in the Guantánamo military commission prosecution of the five alleged 9/11 co-conspirators. Prime among the issues before the military judge was how transparent the commissions will be. The ACLU’s Hina Shamsi argued our motion in support of the public’s constitutional right of access to the proceedings – and against the government’s unconstitutional effort to prevent the public from hearing defendants’ testimony of their torture and abuse in U.S. custody.

Does Surveillance Affect Us Even When We Can’t Confirm We’re Being Watched? Lessons From Behind the Iron Curtain

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:16pm

During the Cold War, as I argued last week, the totalitarian governments of the Soviet bloc functioned as a standing warning to Americans of the dangers of unchecked surveillance—lessons that we would do well to remember despite the fall of the Iron Curtain.

At Guantánamo Today: ACLU Asks Judge Not to Censor Torture Testimony

By Hina Shamsi, Director, ACLU National Security Project at 9:53am

I’m in Guantánamo today, expecting to argue the ACLU’s constitutional challenge to the censorship of torture in the military commissions this afternoon or tomorrow. 

The Guantánamo military commissions were created in part to hide the government’s illegal torture program while permitting the use of information obtained through torture. Because of improvements in 2009 in the law governing the commissions, it’s harder (though not impossible) for coerced evidence to be used in the proceedings. But the government still wants to hide from the public what it did to prisoners in CIA and military custody.

Seeking the Truth About the CIA's Detainee Abuses

By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 10:55am

In April 2011, the ACLU filed a Freedom of Information Act request seeking a narrow yet critically important set of government documents: internal CIA reports detailing the use of unauthorized interrogation techniques at its secret overseas prisons, also known as “black sites” (you can read the request here). Investigative news coverage and earlier FOIA requests had alerted us to the potential existence of many such reports. Most notably, in August 2009 – in connection with a separate ACLU FOIA request – the government had released a partially-redacted version of one report, the Special Review: Counterterrorism Detention and Interrogation Activities (September 2001–October 2003).

Government Releases List of Prisoners Approved for Transfer from Guantánamo

By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 4:36pm

Today, just weeks after the ACLU filed a Freedom of Information Act request seeking the information, the government released the names of 55 of the prisoners approved for transfer from the prison at Guantánamo Bay. The prisoners were unanimously designated for transfer by President Obama’s inter-agency Guantánamo Bay Review Task Force, which announced a summary of its findings in January 2010. But before today, the government had said the list could not be released because doing so would hamper efforts to repatriate and resettle prisoners in other countries.

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