Blog of Rights

Michael
German

Cybersecurity is Not Your Gig, NSA!

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 3:57pm
The news that the NSA and Google are working on a deal for the military agency to help protect the information giant's data networks comes at a time when the NSA is angling to get a major piece of cybersecurity action.

Soon, We'll All Be Radicals

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 12:14pm

A series of leaked "intelligence" reports have caused quite a dust-up over the last several weeks. A Texas fusion center warned about a terrorist threat from "the international far Left," the Department of Homeland Security and…

Parsing McConnell's FISA Lies

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 10:37am
There's been a lot of confusion of late about just how vital the Protect America Act has been in actually protecting Americans and preventing terrorism. First there were unrealistic claims of each FISA warrant taking 200 man hours to process. Wrong.…

Reviewing Counterterrorism Training Materials, Biased and Not

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:43am

As we noted yesterday, we are pleased that the White House has initiated a government-wide review of counterterrorism training materials, after the ACLU uncovered numerous FBI examples of training materials that falsely and inappropriately portray…

Flawed Theories on Violent Extremism Lead to Bad Policy

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 12:34pm

(Originally posted on the Charity & Security Network.)

The recent spate of terrorist incidents and arrests involving Americans has policy-makers and security professionals scrambling to find a future-seeing Precog to help them identify…

Privacy Isn't the Price for Security

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:03am

There is no doubt that the events aboard an airliner heading for Detroit on Christmas Day sent a collective chill down the spines of travelers everywhere. The attempted attack on that plane could easily have ended tragically, and we're all grateful…

FBI Director Mueller Endures Interrogation by House and Senate

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 1:10pm

In the past two days, we have seen FBI Director Robert Mueller go before both the House and Senate Judiciary Committees for oversight hearings, the congressional equivalent of a checkup. But the recently proposed changes to the FBI's investigative guidelines made these appearances anything but routine. ACLU Policy Counsel Mike German attended both hearings, and has lent insight into some of the more outlandish highlights they produced:

Director Mueller made some odd comments during his testimony to justify the need for the newly proposed guidelines. He kept playing on the theme that there are things FBI agents can do in criminal investigations that they cannot do in national security investigations, and that it was only reasonable to create a single set of guidelines.

He said:

To give you a few examples, in the guidelines governing national security investigations prohibited recruiting or tasking sources unless the FBI had at least a preliminary investigation open. They also prohibited physical surveillance other than casual observation, while the general crimes guidelines, which governed other criminal investigations, did not contain these limitations. So, ironically, in my cases an agent could readily use physical surveillance to watch a suspected smuggling route for drugs or counterfeit blue jeans but not for a terrorist bomb.
This is of course, absurd. Smuggling bombs is a crime so the example just doesn't make sense. What the FBI is really demanding in the new guidelines is the authority to conduct "assessments" against Americans using intrusive investigative techniques, even when the FBI has no factual support to suggest they are smuggling blue jeans, bombs or doing anything else that is illegal or dangerous to national security.

What it brings out, however, is that the FBI is interpreting its authority under the Ashcroft guidelines on general crimes to "check leads" as authorization for the activity they are now calling "assessments." The language in the Ashcroft guidelines regarding the checking of leads authorizes the FBI to conduct "prompt and extremely limited checking out of initial leads" to determine whether enough information exists to open an investigation. It goes on to say: "This limited activity should be conducted with an eye toward promptly determining whether further investigation (either a preliminary inquiry or full investigation) should be considered." The idea that "prompt and extremely limited checking out of initial leads" would authorize 24/7 physical surveillance, the recruiting and tasking informants and conducting "pretext" — that means undercover — interviews for an unlimited amount of time is just plain shocking. There's no point in having guidelines if the FBI will interpret plain language to mean something other than its commonly defined terms.

Expanding Failure

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:53am
On Tuesday, Director of National Intelligence Mike McConnell and CIA director Michael Hayden and told the Senate Intelligence Committee they believe the United States is still at great risk - even as they claimed their policies of torture and warrantless…
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