By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:39pm
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.
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.)
By Chris Anders, Senior Legislative Counsel, ACLU Washington Legislative Office at 11:26am
The amendment makes clear that the U.S. is off-limits to indefinite military detention and that military commissions cannot be used for civilians in the United States.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 2:12pm
This morning, the Senate voted against moving forward on cybersecurity legislation, ending the bill’s chances at final passage.
As we told you earlier this week, the Senate version of the cybersecurity bill (S. 3414, the Cybersecurity Act), was recently significantly improved with several new privacy- oriented changes, including a mandate that information shared with the government under the program go to civilian agencies and not the National Security Agency or other military components.
By Amy Fettig, ACLU National Prison Project at 12:05pm
Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it
In “Fixing Citizens United,” Professor Geoffrey Stone—usually a friend to the First Amendment—argues for a constitutional amendment to “fix” the Citizens United Supreme Court decision. Professor Stone mentions the proposal rather offhandedly, but the idea is a nuclear option. A constitutional amendment—specifically an amendment limiting the right to political speech—would fundamentally “break” the Constitution and endanger civil rights and civil liberties for generations.
By Chris Rickerd, ACLU Washington Legislative Office at 2:27pm
Secure Communities, the Obama administration's favored immigration enforcement program, has a track record that includes the unlawful detention of U.S. citizens. Antonio Montejano, for example, was held for four days after an arrest stemming from his children's handling of store merchandise. He remained in custody despite repeatedly proclaiming U.S. citizenship and arrived back home to his worried 8-year-old son, who asked "'Dad, can this happen to me too because I look like you?'"
By Sandra Fulton, ACLU Washington Legislative Office at 10:18am
Monday's House hearing on TSA security measures examined whether airport security measures have been truly effective at preventing terrorism, or just create an illusion of safety.
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 Ian S. Thompson, ACLU Washington Legislative Office at 12:10pm
Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes. The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.
