By Robyn Greene, ACLU Washington Legislative Office at 4:27pm
Privacy protection, and the debate about whether to house information-sharing programs in a civilian or military agency, dominated three congressional hearings on cybersecurity this week.
In separate hearings Tuesday in the Senate Select Committee on Intelligence and the Armed Services Committee, leaders of the intelligence community called cyberattacks the greatest threat to the U.S. at this time—but admitted that the kinds of catastrophic attacks imagined by reporters and cyber experts were only a "remote" possibility in the near future.
By Kara Dansky, Senior Counsel, ACLU Center for Justice at 2:35pm
Last week, the Senate Homeland Security Committee’s Subcommittee on Investigations issued a report criticizing the Department of Homeland Security for its failure to ensure proper oversight over state and local “fusion centers.” Shortly thereafter, the committee issued a statement denouncing the report and lauding fusion centers as playing a “significant role in many recent terrorism cases.”
Today, the House of Representatives passed a reauthorization of the 2008 FISA Amendments Act, an unconstitutional domestic spying law that gives vast, unchecked surveillance authority to the government. The law, passed in July of 2008, authorizes the National Security Agency to conduct dragnet surveillance of Americans’ international emails and phone calls.
By Tyler Ray, ACLU Washington Legislative Office at 2:25pm
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.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 3:40pm
Cybersecurity legislation is on the Senate floor at this very moment, and critical votes could start as early as this evening. Here’s your primer on what’s at stake and how we expect things to go down.
Where are we in the process? Sen. Reid filed cloture on the bill last night, which means he’s ready to try for that 60-vote procedural threshold (which, according to the Senate rules, will determine whether they will move on and fully consider the bill). If he doesn’t strike a deal with Republicans sometime today, that vote will happen tomorrow morning. If his gamble pays off and he gets his 60 votes, the Senate will then turn to amendments, and hold the final vote by Friday. Of course, if there are not 60 votes, the bill is done for now, with a big question mark of what will happen when Congress comes back in the fall.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 2:44pm
This past Friday, the Senate Intelligence Committee publicly released its report on S. 3276, a five year extension of the FISA Amendments Act (FAA). The Committee voted 13-2 to extend the FAA-the law that legalized President Bush’s warrantless wiretapping program and more --without amendment, and without conducting any public oversight. The Committee also rejected crucial amendments by Sens. Ron Wyden (D-OR) and Mark Udall (D-CO) that would have increased transparency and privacy protections for Americans.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 4:46pm
Secret law exists inside the United States.
As we wrote a few weeks ago, one of the main issues discussed on the Senate floor during the FISA debate was secret law. Under the law, the Foreign Intelligence Surveillance Court makes secret interpretations and secret rulings about something that should never be secret: our constitutional rights. Sen. Jeff Merkley (D-OR) fought for an amendment that would have required the administration to release the court’s opinions, to provide unclassified summaries of them, or to certify how many there are and why they can’t be released.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:28pm
No cyber news is usually good news, but today is an exception. Senators have unveiled significant privacy amendments that will be incorporated into S. 2105, the Cybersecurity Act. Authored by Sens. Lieberman, Feinstein, Rockefeller and Collins, the bill provides comprehensive cybersecurity reform, including a new ‘information sharing’ program that permits companies to share internet info with each other and the government.
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.
