Who You Love Shouldn't Matter When You Serve: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Jene Newsome served nine years in the Air Force. She was recently discharged under the "Don't Ask, Don't Tell" policy after she was outed by South Dakota's Rapid City Police Department.

On November 20, 2009, the Rapid City Police Department came to serve a warrant on Jene Newsome's wife. Jene and her wife, Cheryl, were just married in Iowa a few weeks before the police came knocking on their door.

When the police entered the house, they saw the marriage certificate sitting on the kitchen table. The marriage certificate didn't have anything to do with Cheryl's arrest; one of the officers just saw it as an opportunity to out Jene and end her career. [ Read more ... ]

The Cell Phone Network: Law Enforcement's Surveillance Dream: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Yesterday, WNYC's On the Media (OTM) profiled our cell phone tracking case. In this case, the ACLU, Center for Democracy and Technology and the Electronic Frontier Foundation (EFF) asked the court to require that the government at least show probable cause before it can ask a wireless provider to fork over information about your whereabouts using GPS or cell tower tracking via your cell phone. We won in the district court (PDF); the government appealed that decision to the 3rd Circuit. [ Read more ... ]

International Women's Day: A Celebration of a World Advancing Women's Human Rights: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Every year on March 8, we celebrate the triumphs and struggles of women around the world. In my home country of Australia, the day is always special — and it's not unusual for a stranger to wish you a "happy women's day!" on your way to work. For the past 10 years or so my friends and I have made it a ritual to get up ridiculously early to mark the occasion with a women's breakfast. I always leave these events inspired by the past achievements that we as young women benefit from, and filled with a sense of purpose for the work that is still yet to be done. [ Read more ... ]

The Score on USA Patriot Act: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

"We've come to love our fears more than we love our freedoms," Rep. Dennis Kucinich (D-Ohio) mused on the House floor just before that chamber voted 315-97 (with 20 members not voting) to reauthorize the USA Patriot Act without any changes for yet another year.

By now, you know the stakes — the tweaks that could have been made to guarantee that Patriot powers are used only against suspected terrorists or spies and to mandate continued reporting to ensure that we actually learn about current and future Patriot abuses. Many of these fixes were, in fact, included in prior iterations of Patriot reauthorization bills introduced in both the House and the Senate.

As Rep. Jane Harman (D-Calif.) pointed out to her colleagues, "I think we are missing an opportunity. There are good ideas in this House about how to curb the abuses with national security letters, how to clarify that roving wiretaps are limited to a single identifiable target, and how to eliminate the lone wolf provision which has never been used and for which existing title III authority can suffice. Those ideas have been the subject of hearings in the Judiciary Committee, but they're not being debated on this floor . . . I think this is a real missed opportunity." [ Read more ... ]

U.S. Security Agencies Begging for a Cybersecurity "Cold War": Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Huffington Post.)

So the U.S. security establishment is salivating at the prospect of a new cybersecurity "Cold War." In an over-the-top op-ed in Tuesday's Washington Post, Mike McConnell issues a declaration that we are "fighting a cyber war today" and compares it to the nuclear showdown with the Soviets. McConnell exemplifies the security establishment as much as anyone — former director of the National Security Agency (NSA), former Director of National Intelligence, and currently executive vice president at Booz Allen Hamilton, a private-sector refuge for former U.S. intelligence officials (and a company that stands to make large sums from consulting on cybersecurity). [ Read more ... ]

Celebrate Human Rights Successes Tonight: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Tonight, the Human Rights Fund will celebrate the release of a new report. Called Perfecting Our Union: Human Rights Success Stories Across the United States, the report profiles how groups like the ACLU and the Human Rights Institute at Columbia University have used international human rights standards and strategies to improve people's lives in this country.

You're invited to attend the celebration tonight at the Public Interest Projects offices (45 W 36th St., 6th Floor) in New York tonight, from 5:30 to 7:30.

RSVP here. And check back here tomorrow for a link to the report.

Read Original Article:(Via Blog of Rights: Official Blog of the American Civil Liberties Union.)

South Carolina Senate Should Reject Warrantless Search Bill Approved By House, Says ACLU South Carolina National Office: Via American Civil Liberties Union.

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

The South Carolina House on Thursday approved on its third reading Senate bill 191, which authorizes warrantless searches of juveniles and adults on probation and parole. The ACLU South Carolina National Office urges the Senate to vote no on this bill when it takes it up next week.

"There is no evidence supporting the concept that we can reduce recidivism by expanding police power to conduct warrantless searches of people's cars and possessions," said Victoria Middleton, Executive Director of the ACLU SC National Office. "The proposed expansion of police power would, in essence, create a category of citizens with no right to privacy – all those who are on probation or parole."

This bill would undermine the goals of omnibus criminal justice legislation (S 1154) recently proposed by the South Carolina Sentencing Reform Commission. [ Read more ... ]

Congress Drops the Ball on Upgrading Patriot Protections: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

We're sorry to say, but is anyone surprised that Congress has capitulated to post-underpants bomber fear-mongering and passed the three expiring provisions of the Patriot Act without so much as a debate?

Oh, you didn't hear about that?

Wednesday night, the Senate passed a straight one-year extension by voice vote, and last night, the House followed suit.

That’s right. No changes. Nothing. Nada. Zip, zilch, zero. (You get the picture.)

That leaves ordinary Americans like you and me without the civil liberties safeguards proposed by several bills last year. Both the House and Senate had bills that would have improved the Patriot Act. The Senate bill even had the support of the White House. But instead of passing the much-needed reforms, Congress: [ Read more ... ]

If "God Has a Plan For Sex," Does Obama Have a Plan for Monitoring Programs Overseas?: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Daily Kos.)

On Saturday, the White House faith advisory council task force released recommendations for government agencies that do business with faith-based social service groups. These recommendations touch on several issues related to a recently filed lawsuit by the American Civil Liberties Union. In that case, the ACLU asked a court to order the United States Agency for International Development (USAID) to release documents related to its funding of religious abstinence-only-until-marriage programs overseas, which will likely uncover violations of the constitutional guarantee of separation of church and state. [ Read more ... ]

ACLU’s Jameel Jaffer at New School Conference: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

This week, The New School in New York City will be hosting a conference, on "Limiting Knowledge in a Democracy," which will assess where America is today with respect to limits on our access to information. The two-day conference will explore the issues of citizens’ right to free public information, the ways in which the government and other political organizations restrict or manipulate the flow of information, and the importance of investigative journalism in upholding democracy and calling for accountability.

The ACLU’s National Security Project Director, Jameel Jaffer, will participate in a session on “Arguments for and Against Limits on Knowledge in a Democracy” to discuss the disadvantages of limits on knowledge. The session, which takes place on Thursday, February 25, 2010 from 2:15 pm – 5:00 pm, [ Read more ... ]

Whistleblowing Can't Wait: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

We ask a lot of whistleblowers. We ask them to stand up for what's right, and to sacrifice much along the way. They risk losing their jobs, alienating their friends, family, and coworkers, face lawsuits and threats to their personal safety.

Wednesday night, the Government Accountability Project (GAP) and Participant Media presented a panel discussion about the importance of government and corporate whistleblowers. The headliners: Frank Serpico, who exposed corruption inside the New York Police Department in 1970 (and was unforgettably portrayed by Al Pacino in the eponymous film); and Daniel Ellsberg, who leaked the Pentagon Papers to the New York Times in 1971, forever changing public opinion about the Vietnam War.

They were joined by more recent whistleblowers, including Kit Foshee, a former meat inspector who exposed that his company was adding ammonia to its ground beef, and Coleen Rowley, who called out the FBI's mishandling of early information it had about Zacarias Mossaoui. Many gave first-hand accounts of exposing corruption, lies and cover-ups, and how being a whistleblower has changed their lives. You can watch the entire panel discussion online . [ Read more ... ]

Facebook Adds Application Publisher Controls, But Application Privacy Holes Remain: Via ACLU of Northern California.

Facebook recently announced that it was rolling out tools that would give users more granular control over content posted via third-party applications. More flexible privacy controls are always a welcome step, but this move does not address the privacy flaws with Facebook’s third party application platform that are highlighted by our Facebook Privacy Quiz.  Please sign our petition and demand that Facebook protect your information from third party applications!

[...]

While these more granular controls are a positive step, it is important to remember that they do not address the fact that third party applications on Facebook can, by default, access almost all of the information on a user’s profile [ Read more ... ]

The Time Has Come to Protect Reader Privacy: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on the ACLU of Northern California's Bytes and Pieces blog.)

Today, Google and the authors and publishers who sued Google are hoping that United States District Court Judge Denny Chin will approve their settlement and allow Google to launch the world's largest digital library and bookstore combined.

While the ACLU strongly supports increased access to books, we have filed an objection to this settlement on behalf of a coalition of authors and publishers — including best sellers Michael Chabon and Jonathan Lethem and publisher Lawrence Ferlenghetti — who have serious concerns that reader privacy and free speech is being left out of the story. They think that a settlement that does not protect the privacy and free speech of readers is not fair to their readers, or fair to them. That's why we're in federal court in New York today, along with the Electronic Frontier Foundation and the Samuelson Law, Technology, and Public Policy Clinic at the University of California, Berkeley, School of Law, urging Judge Chin to reject the settlement and insist on one with greater privacy and free speech protections for users. [ Read more ... ]

ACLU, EFF And Others In Court Today To Challenge Google Book Search Settlement: Via American Civil Liberties Union.

Groups And Prominent Authors Say Settlement Doesn't Protect Free Speech Or User Privacy

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org  

NEW YORK – The American Civil Liberties Union, Electronic Frontier Foundation (EFF) and Samuelson Law, Technology, and Public Policy Clinic at the University of California, Berkeley, School of Law are in federal court today urging a judge to reject the proposed settlement in a lawsuit over Google Book Search because it does not include critical privacy protections for users of the online book materials. The groups filed an objection to the settlement in September 2009 on behalf of a coalition of more than two dozen authors and publishers, including ACLU Executive Director Anthony D. Romero and best-selling novelists Michael Chabon and Jonathan Lethem.

"As digital book programs like Google Book Search advance, more and more people will turn to the Internet for their reading needs. Readers should be able to expect as much privacy when they're reading a book on a Web site as they do in a library or bookstore," said Aden Fine, staff attorney with the ACLU First Amendment Working Group. "People should feel that they are free to read on the Internet without being monitored by private companies or the government." [ Read more ... ]

Cybersecurity is Not Your Gig, NSA!: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

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.

The only problem is, despite what the agency would have us believe, the NSA is mainly a spy agency, not a cybersecurity agency. The agency's website says:

The NSA/CSS core missions are to protect U.S. national security systems and to produce foreign signals intelligence information.

The Information Assurance mission confronts the formidable challenge of preventing foreign adversaries from gaining access to sensitive or classified national security information. The Signals Intelligence mission collects, processes, and disseminates intelligence information from foreign signals for intelligence and counterintelligence purposes and to support military operations. [ Read more ... ]

The Informants! Need Protections: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Matt Damon is funny. No, really, it's true. For all his serious emoting in Good Will Hunting and action-hero pyrotechnics in the Jason Bourne movies, the man knows how to generate a giggle. In The Informant! Mr. Damon is a mild-mannered corporate whistleblower, dressed up in nondescript glasses and a funny moustache. And he's pretty hilarious, bumbling his way through corporate intrigue and exposing abuses of power along the way. After all, nothing is more fun than good ol' corporate corruption and the lengths to which people will go to cover it up.

But all jokes aside, whistleblowers are real-life heroes — people brave enough to speak up when they see wrongdoing and demand change. Sometimes they take on corporations, sometimes they take on the government, but no matter how large or small the obstacle, it takes true courage to take on the establishment, especially if doing so costs them their jobs or their freedom. That courage should be rewarded with meaningful legal protections, [ Read more ... ]

Cell Phone Users: Your Privacy is at Risk: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Philly.com)

If you own a cell phone, you should care about the outcome of a case scheduled to be argued in federal appeals court in Philadelphia tomorrow. It could well decide whether the government can use your cell phone to track you — even if it hasn't shown probable cause to believe it will turn up evidence of a crime.

The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology will ask the court to require that the government at least show probable cause before it can track your whereabouts.

Although most people don't realize it, cell phones double as tracking devices. Newer phones contain GPS chips, the same technology that allows car navigation systems to know where you are and give directions ("Turn right now"). But even older phones that don't have chips can be tracked by knowing the location of the cell towers they use to connect to a network. [ Read more ... ]

GPS Tracking: Turning Science Fiction Into Reality: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

As a fan of the The Wire, I can find lots of plot twists and exciting scenes that illustrate the basic constitutional balance between the rights of individuals and the power of law enforcement. The Wire portrays police who follow the rules and those who don't as they wiretap, search, photograph and otherwise conduct their investigations into complex criminal cases.

In one episode, Detective Leander Snydor has followed a drug dealer to a house which might link him to other criminal relationships. Snydor skillfully walks past the dealer's car, fixes a GPS tracking system to the underside of the vehicle, and walks away with a whistle.

That might seem like smart cop work when aimed at an enormous, fictional drug ring in the mean streets of Baltimore. But GPS is no longer HBO fiction. In Madison, Wisconsin, where law enforcement agents used GPS to track someone suspected of violating a restraining order without first getting a warrant, it's very, very real. Unfortunately, according to the Wisconsin Court of Appeals, we should let go of the expectation that police need permission to track our movements. [ Read more ... ]

Cellular user privacy at risk: Via Philadelphia Inquirer .

If you own a cell phone, you should care about the outcome of a case scheduled to be argued in federal appeals court in Philadelphia tomorrow. It could well decide whether the government can use your cell phone to track you - even if it hasn't shown probable cause to believe it will turn up evidence of a crime.

The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology will ask the court to require that the government at least show probable cause before it can track your whereabouts.

Although most people don't realize it, cell phones double as tracking devices. Newer phones contain GPS chips, [ Read more ... ]

British Court Orders Release Of Torture Evidence In Extraordinary Rendition Case: Via American Civil Liberties Union.

Ruling May Affect British Resident's Case In ACLU Lawsuit Against Boeing Subsidiary For Its Role In Unlawful Extraordinary Rendition Program 

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – The American Civil Liberties Union commended today's ruling by a British court that the British government must release evidence of torture in the case of British resident Binyam Mohamed, who was captured in Pakistan and detained in Morocco, Afghanistan and Guantánamo Bay as part of the Bush administration's extraordinary rendition program. While in detention, Mohamed was subjected to physical and psychological abuse by his captors. Upon his release, Mohamed sought documents from the British government that would confirm that U.K. officials were aware of and complicit in his abuse by U.S. forces. Today's ruling orders the disclosure of seven previously suppressed paragraphs from an earlier court ruling that summarize British government documents related to Mohamed's detention and torture while under the control of U.S. authorities. [ Read more ... ]

ACLU Sues Over Unconstitutional Airport Detention And Interrogation Of College Student Carrying Arabic Flashcards: Via American Civil Liberties Union.

Incident At Philadelphia Airport Highlights Misdirected Security Efforts, Says ACLU

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

PHILADELPHIA – The American Civil Liberties Union and the ACLU of Pennsylvania today filed a lawsuit on behalf of Pomona College student Nicholas George, who was abusively interrogated, handcuffed and detained for nearly five hours at the Philadelphia International Airport because of a set of English-Arabic flashcards he was carrying in connection with his college language studies.

"Arresting and restraining passengers who pose no threat to flight safety and are not breaking any law not only violates people's rights, but it won't make us any safer. It may actually make us less safe, by diverting vital resources and attention away from true security threats," said Ben Wizner, staff attorney with the ACLU National Security Project. "Nick George was handcuffed, locked in a cell for hours and questioned about 9/11 simply because he has chosen to study Arabic, a language that is spoken by hundreds of millions of people around the world. This sort of harassment of innocent travelers is a waste of time and a violation of the Constitution." [ Read more ... ]

Intelligence Official Acknowledges Policy Allowing Targeted Killings Of Americans: Via American Civil Liberties Union.

ACLU Says More Information Needed On Policy That Grants President Power To Target Americans Abroad

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – Director of National Intelligence Dennis Blair acknowledged in a congressional hearing on Wednesday that the U.S. may, with executive approval, deliberately target and kill U.S. citizens who are suspected of being involved in terrorism. The American Civil Liberties Union expressed serious concern about the lack of public information about the policy and the potential for abuse of unchecked executive power.
 
The following can be attributed to Ben Wizner, staff attorney with the ACLU National Security Project: [ Read more ... ]

Be Careful What Your Bumper Sticker Says: Via Threat Level.

“No More Blood For Oil.”

Bumper stickers with that phrase were synonymous with opposition to the Iraq War, during the George W. Bush administration.

Simply hosting that message on one’s bumper was cause enough to remove two attendees at Bush’s 2005 speech at the Wings Over the Rockies Museum in Colorado. The White House had a policy of excluding those who did not agree with the president from his public appearances. It’s a policy a federal appeals court is upholding in a decision a dissenting judge decried as “simply astounding.”

The 10th U.S. Circuit Court of Appeals’ 2-1 ruling means, in short, that the would-be attendees who were ousted from the event had no First Amendment constitutional right to remain at the speech. The two plaintiffs obtained the free tickets from a local Colorado representative, and sued the government for giving them the boot. [ Read more ... ]

No Warrant Necessary to Seize Your Laptop: Via Freedom to Tinker.

The U.S. Customs may search your laptop and copy your hard drive when you cross the border, according to their policy. They may do this even if they have no particularized suspicion of wrongdoing on your part. They claim that the Fourth Amendment protection against warrantless search and seizure does not apply. The Customs justifies this policy on the grounds that "examinations of documents and electronic devices are a crucial tool for detecting information concerning" all sorts of bad things, including terrorism, drug smuggling, contraband, and so on.

Historically the job of Customs was to control the flow of physical goods into the country, and their authority to search you for physical goods is well established. I am certainly not a constitutional lawyer, but to me a Customs exemption from Fourth Amendment restrictions is more clearly justified for physical contraband than for generalized searches of information. [ Read more ... ]

Salon Radio: ACLU Executive Director Anthony Romero: Via Salon: Glenn Greenwald.

In October, 2008, the ACLU issued a report outlining the policies needed to restore civil liberties and America's constitutional framework in the wake of the Bush assault, entitled "Actions for Restoring America."  On the one-year anniversary of Obama's inauguration as President, the ACLU has issued a new report -- pointedly and revealingly entitled "America Unrestored" -- which details Obama's record in these areas.  Although there have been a few isolated bright spots (the DOJ's intensified domestic enforcement of civil rights laws), Obama's overall civil liberties record has been extremely disappointing, and this report from the ACLU (with which I consult) comprehensively documents the failures. [ Read more ... ]