American Civil Liberties Union

It’s back. On Wednesday the House of Representatives is scheduled to vote on a five-year reauthorization of the FISA Amendments Act (FAA), the 2008 law that legalized the Bush administration’s warrantless wiretapping program and more. It permits the government to get year-long orders from the secret Foreign Intelligence Surveillance Act (FISA) court to conduct dragnet surveillance of Americans’ international communications—including phone calls, emails, and internet records—for the purpose of collecting foreign intelligence.  The orders need not specify who is going to be spied on or even allege that the targets did anything wrong.  The only guarantees that the FAA gives are that no specific American will be targeted for wiretapping and that some (classified) rules about the use of intercepted information will be followed.

Have we finally reached an end to widespread Islamaphobia and religious discrimination in this country? Maybe not—but we may be reaching a turning point where bigotry becomes so blatant that it requires a response from across the political and ideological spectrum. Take for instance the recent letters sent by Rep. Michelle Bachmann and four other members of Congress to several government agencies seeking investigations of prominent American Muslim individuals and organizations, because of alleged ties to the Muslim Brotherhood. 

Today, the ACLU released a 2011 FBI “primer” on overseas interrogation that calls into question whether the FBI is adhering to its own policy prohibiting coercive techniques. The 2011 primer was obtained by the ACLU and colleague organizations through Freedom of Information Act litigation. It was written by an FBI Section Chief within the counterterrorism division, and is ironically titled “Cross Cultural, Rapport-Based Interrogation,” – ironic because it encourages FBI agents to request that detainees in foreign or military custody be put in isolation to prolong the detainee’s fear for interrogation purposes. Isolation was a key component to many of the abusive interrogations that took place in Guantanamo, Afghanistan, and in secret CIA black sites after 9/11, in some cases causing extreme psychological trauma. This morning, we wrote to the FBI Director Robert Mueller expressing their concerns with the primer.

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?