Washington Markup

Time for Obama and Holder to Truly End Racial Profiling by Law Enforcement

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 12:18pm

Why can’t President Obama and Attorney General Eric Holder do more to ban racial profiling in the United States?  Surely, more so than any of their predecessors, they can understand the injustice and humiliation racial profiling victims feel when they are treated as suspect because of the color of their skin.

Yet, after four years in office, they’ve made no revisions to the Justice Department guidance regarding the use of race in federal law enforcement issued by Attorney General John Ashcroft in 2003.  Ashcroft’s guidance was deficient: though it expressly banned racial profiling by federal law enforcement agencies, it left broad exemptions for national security and border integrity investigations.

English as a First Language

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm

Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

The Biggest Threat to Free Speech and Intellectual Property That You’ve Never Heard Of

By Sandra Fulton, ACLU Washington Legislative Office at 3:22pm

As we have seen in the failed attempts of SOPA/PIPA, and the floundering Anti-Counterfeiting Trade Agreement, intellectual property (“IP”) laws are often poorly constructed, hastily proposed and ultimately both ineffective and potentially abusive.

Yes, the States Really Reject Real ID

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:21pm

Remember that time when Congress passed a law that tried to create a national database of drivers' information and turn drivers' licenses into national identification cards? And remember how groups from across the political spectrum joined forces to tell Congress, the president, and their state lawmakers that they objected to this law, known as Real ID, calling it an unfunded mandate that trampled on states' rights, decrying its lack of sufficient protections and potential to increase racial discrimination, worrying about its negative impact on the Amish and other religious denominations, fretting that it would create an expansive and cumbersome new bureaucracy or facilitate the tracking of individuals? Opposition to Real ID united everyone from the National Governors Association to the ACLU to the American Conservative Union, the Mexican American Legal Defense and Educational Fund and National Organization for Women to Gun Owners of America, to name a few.

On the First Anniversary of Wal-Mart v. Dukes: Stand Up or Be Trampled

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:27am
Image above: Betty Dukes with Senator Al Franken. The author, Deborah Vagins, to the immediate right, joined by coalition partners.

Over a decade ago, I had the great honor to be part of a team representing Betty Dukes, an employee at Wal-Mart who had received unfair treatment at her job and had decided to do something about it. Betty soon became the face of a large class of women who worked at Wal-Mart and faced similar types of discrimination in the workplace. These women banded together, from all across the country, to take on sex discrimination at one of the world’s largest employers—and through it all, Betty Dukes remained at the forefront fighting for justice. “In this life,” said Betty, “you have to stand up or be trampled.”  The ACLU co-authored a brief before the Supreme Court, joined by a large number of civil rights groups, highlighting the gender stereotypes that the women were banding together to challenge.

Senate Hearing Explores the Exorbitant Costs of Incarceration

By Dan Zeidman, ACLU Washington Legislative Office at 5:51pm

Over the last 30 years, the population of the federal prison system has increased exponentially – nearly 800 percent – largely due to the overrepresentation of those convicted of drug offenses, many of whom are low-level and non-violent. Today, a record 218,000 people are confined within Federal Bureau of Prisons (BOP) operated facilities or in privately managed or community-based institutions and jails.

One Year Later, Consumers are Still Waiting on a Do Not Track Standard

By Sandra Fulton, ACLU Washington Legislative Office at 5:52pm

Senator Jay Rockefeller (D-WV), chair of the powerful Senate Commerce Committee, held a hearing today on online consumer privacy and "Do Not Track" standards. Do Not Track is a concept similar to the "Do Not Call" registry, and would allow individuals to signal that they don't wish to have their movements monitored by advertisers as they surf the web. The title of the hearing was "A Status Update on the Development of Voluntary Do-Not-Track Standards." We've got news for you, Congress—the status is not good.

Protesting NATO: What to Know About the Secret Service and H.R. 347

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 12:58pm

Know before you go: what the newly passed H.R. 347 means for NATO protestors' rights.