Feature: Monitoring the Government's New Surveillance Powers (3/12/2003)
The American Civil Liberties Union has filed a Freedom of Information Act request demanding that the Department of Justice provide information about the pervasiveness of domestic spying. The ACLU made the request jointly with the Electronic Privacy Information Center and the American Booksellers Foundation for Free Expression, which said it was concerned that the new surveillance laws threaten the First Amendment-protected activities of book publishers, investigative journalists, booksellers, librarians, and readers. The Freedom of Information Act (FOIA)request , which was accompanied by a request for expedited processing, seeks information on 14 different categories of agency records, including the number of times the government has: Conducted "sneak and peek" searches, which allow law enforcement to enter people's homes and search their belongings without informing them until long after; Directed a library, bookstore or newspaper to produce "tangible things," e.g, the titles of books an individual has purchased or borrowed or the identity of individuals who have purchased or borrowed certain books; Authorized the use of devices to trace the telephone calls or e-mails of people who are not suspected of any crime; Investigated American citizens and permanent legal residents and sought information on the basis of activities protected by the First Amendment (e.g., writing a letter to the editor or attending a rally).
The government's investigative powers extend to people not suspected of any terrorist activities and that those ordered to provide information are barred from mentioning the investigation to anyone. ACLU FOIA request letter (PDF) FOIA request for expedited processing(PDF) Fact Sheet: Surveillance Under the Patriot Act Sensenbrenner/Conyers letter to DOJ requesting information on use of USAPA DOJ reply to Sensenbrenner & Conyers ACLU Analysis of USA/Patriot Act ACLU Analysis: How the USAPA Limits Judicial Oversight of Telephone and Internet Surveillance Chart On Surveillance Provisions of USA/Patriot Act Washington Post Online chat on government Internet surveillance with Barry Steinhardt (06-19-02) ACLU Privacy page Special Reports Insatiable Appetite: The Government's Demand for New and Unnecessary Powers After September 11 FBI Surveillance of Martin Luther King Upsetting Checks and Balances ACLU News Releases 05-30-02 -- ACLU Says Rewriting of Domestic Spying Restrictions Gives FBI New Powers Despite Growing Evidence of Analytical Failures 03-06-02 -- Broad Coalition Urges FBI to Maintain Current Domestic Spying Guidelines; Says Any Weakening Would Threaten Constitutional Speech 01-17-02 -- ACLU Releases Report on FBI Crusade Against Martin Luther King Jr.; Urges Ashcroft Not to Relax Spying Guidelines Drafted After Shameful Campaign 10-26-01 -- Bush Signs Sweeping Law Enforcement Bill; ACLU Pledges to Monitor Impact on Civil Liberties, Continue to Work with Administration Officials 10-10-01 --ACLU Looks at the Need to Watch the Watchers in Times of Crisis Other Links EPIC American Booksellers Foundation for Free Expression House Judiciary Committee
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