Debate about how to restructure the national intelligence agencies is consuming Washington this fall as Congress struggles to find a legislative response to the final report of the National Commission on Terrorist Attacks Upon the United States (“9/11 Commission Report”). That report exhaustively details the failures of the intelligence agencies, including the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA), and proposes major structural changes to address those failures.
The ACLU said that the 9/11 Commission should be applauded for avoiding the easy – and wrong – scapegoat of civil liberties and human rights protections for intelligence failures. According to the Commission, pre 9/11 intelligence failures were, largely, failures of analysis and information-sharing. These failures were not the result of legal restrictions that are designed to protect civil liberties, but instead resulted from a culture and bureaucracy that horded information.
Proposals for fundamental reforms of the intelligence community are particularly sensitive because of the fundamental tension between intelligence gathering and civil liberties. Where government is focused on gathering intelligence information not connected to specific criminal activity, there is a substantial risk of chilling lawful dissent. Such inquiries plainly have a chilling effect on constitutional rights.
The ACLU does not believe the answer is to reject intelligence reform. The answer, instead, is to adopt specific safeguards for domestic collection of intelligence information that preserve the role of the FBI while ensuring against the use of spy tactics against Americans through strengthened guidelines and other checks and balances to bar political spying.
KEY SUMMARIES & ANALYSIS PRESS RELEASES
Letter To Senate Urging a ‘No’ Vote on the Conference Report on S. 2845 and H.R. 10(12/3/2004)
Coalition Letter To Remove National ID Provisions From S. 2845 and H.R. 10 Now(12/3/2004)
Patriot Act II: Provisions in H.R. 10 (As Passed by House) (10/13/2004)
Court-Stripping and Anti-Immigrant Provisions in H.R. 10 (As Passed by House) (10/13/04)
Coalition Sign-On Letter to the House Opposing Amendment 13 (Hostettler 47) to H.R. 10 (10/7/2004)
ACLU Letter to the House Urging Opposition to H.R. 10, the House Leadership bill (10/5/2004)
House 9/11 Commission Bill Includes Patriot II, National ID Card, Worst Anti-Immigration Measures in Decade (9/27/2004)
Summary of ACLU Analysis of 9/11 Commission Recommendations on Intelligence Reform (07/30/2004)
ACLU Analysis of the 9-11 Commission’s Recommendations for Intelligence Reform(07/30/2004)
ACLU Disappointed With ‘Intelligence Reform’ Bill Passage, Final Measure Still Contains Unneeded Attacks on Privacy and Freedom (12/8/2004)
ACLU Opposes ‘Intelligence Reform’ Bill; Measure Fails to Safeguard Privacy, Freedom (12/6/2004)
House Leadership Rejects Compromise on Intelligence Reform, ACLU Calls For Better Privacy and Rights Protections in New Bill (11/20/2004)
ACLU, Conservative and Liberal Allies Denounce National ID Card Plan in Intelligence Reform Bill(11/15/2004)
NYC Council, Irish-Americans Ask Congress to Remove Anti-Immigrant Provisions, Limit Legislation to 9/11 Commission’s Recommendations (10/28/2004)
ACLU Renews Call for Strong Civil Liberties Board in Intelligence Reform, Says Increased Government Powers Intensify Need For Independent Review(10/26/2004)
ACLU Says Lawmakers Must Listen to 9/11 Commission, 9/11 Families; Final Measure Must Not Include Anti-Immigrant, Anti-Privacy Provisions (10/20/2004)
ACLU, Cuban Americans Call on Congress to Reject Anti-Immigrant Provisions in Intelligence Reform Bill (10/20/2004)
ACLU: White House Outreach to Intelligence Reform Conferees Short-Sighted; Freedom and Liberty, Not Political Pressure, Should Guide Congress (10/19/2004)
Right-Left Partners Launch New Ads Warning of ‘Big Brother’ Society As New Intelligence Reform Bills Attack Privacy (10/14/2004)
Despite Improvements, Intelligence Reform Bill Fails to Protect Civil Liberties and Privacy (10/06/2004)
ACLU Launches New Patriot Act Radio Ads in Maine, 9/11 Mother Asks Congress Not to Expand Patriot Act (09/24/2004)
ACLU Says Congress Seeks to Expand Patriot Act; Says New Law Would Further Diminish /Privacy and Freedom (09/13/2004)
ACLU Warns Against Creating System of ‘Too Many Secrets,’ Calls Openness and Accountability Crucial to A Free Society (08/24/2004)
House Judiciary Committee Members Hear ACLU Concerns on 9/11 Report, Freedom and Privacy Must Guide Any Changes (08/23/2004)
ACLU Calls for Protection of Privacy and Freedom As Congress Continues Examination of 9/11 Commission Recommendations (08/16/2004)
ACLU Calls for System of Checks and Balances As Congress Deliberates; New Measures Must Remain True to the Constitution (08/03/2004)
ACLU Analyzes Civil Liberties in 9/11 Commission Report (08/03/2004)
ACLU Urges Senators to Approach 9/11 Commission Report Cautiously (07/30/2004)
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