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Advocacy Blog


Friday, July 18, 2008

OMB Watch and Grantmakers Without Borders Releases "Collateral Damage: How the War on Terror Hurts Charities, Foundations, and the People They Serve"

As the result of collaborative research conducted by OMB Watch and Grantmakers Without Borders, Collateral Damage: How the War on Terror Hurts Charities, Foundations, and the People They Serve has just been released. The paper comprehensively documents the impacts that the war on terror is having on charities, foundations, and underserved populations around the globe. Charities in the United States and throughout the world play a key role in democratic systems by giving citizens a vehicle for participation, providing tools and information that help people get involved, and delivering assistance to those in need. Since Sept. 11, 2001, counterterrorism programs have eroded the freedom and ability of charities and their funders to carry out their missions and improve the lives of the world's people. We hope this paper will serve as an important resource to understand the impacts that counterterrorism measures have on charities.

Read the paper here.



Posted by Amanda Adams, 02:45:30 PM



Maryland State Police Accused of Spying on Peace Activists

The Washington Post reports that during the administration of former Maryland Governor Robert L. Ehrlich Jr., undercover Maryland State Police officers monitored the activities of activists against the Iraq war and the death penalty. The American Civil Liberties Union of Maryland released records with details of the monitoring which they obtained after suing the state police in June to obtain the data. "The civil liberties group learned in 2004 that a state police intelligence unit was monitoring Baltimore peace groups that had protested at the National Security Agency in Fort Meade that year. The records show that undercover agents collectively spent 288 hours on surveillance activities over 14 months from March 2005 until May 2006." The groups monitored include the Campaign to End the Death Penalty, and the Pledge of Resistance-Baltimore, a peace group that has been opposed the Iraq war. The surveillance reports were shared with numerous federal, state and local law enforcement agencies, including the National Security Agency.

" The ACLU contends that the surveillance was illegal, even under broader powers the federal government gave law enforcement agencies after the terrorist attacks of Sept. 11, 2001. But the police force defends its legality, and some legal experts said the program appears to be a constitutional tool available to authorities investigating threats to public safety."



Posted by Amanda Adams, 02:27:57 PM



Friday, July 11, 2008

FISA Amendments Act of 2008 Signed Into Law

The Senate overwhelmingly approved a new federal wiretapping law, the FISA Amendments Act (HR 6304) by a vote of 69-28. President Bush signed the bill into law on July 10. Existing lawsuits against telecom companies that assisted with the administration's warrantless wiretap program would be waived if a federal district court ruled that there was "substantial evidence" that the companies received written assurances that the program was authorized by the president. Amendments that would have limited the companies' ability to gain immunity from lawsuits failed. In addition, it allows warrantless surveillance of foreign targets who may be communicating with people in the U.S. Read the AP story here.

Shortly after Bush signed the bill into law, the American Civil Liberties Union (ACLU) announced the filing of a lawsuit charging that the new law did not include proper constitutional protections, seeking a permanent injunction that would bar the government from conducting surveillance activity under the law. The Nation Magazine joined a coalition of plaintiffs that includes Amnesty International USA, Human Rights Watch, Global Fund for Women, PEN American Center, Washington Office on Latin America, and Service Employees International Union. A posting from the Nation states; "We believe the challenged law undermines the ability of The Nation's editors, writers, contributors and staff to gather information that is critical to their work. The ability to communicate confidentially with sources is essential to journalists' work. Many of the people with whom the Nation's staff and contributors communicate will not share information if they believe that their identities cannot be kept confidential."



Posted by Amanda Adams, 03:35:25 PM



Sunday, July 06, 2008

Court Ruling Shows Surveillance Bill Flaws

A blog posting on the Electronic Frontier Foundation site explains What The New NSA Spying Decision Means for the Immunity Debate. It was posted by Kevin Bankston, who says:

With the Senate poised to vote on the FISA Amendments Act and immunity this Tuesday, this decision is particularly timely, as it demolishes key arguments made by proponents of telecom immunity:

It goes on to list seven myths about the surveillance bill compromise, and gives the facts, based on the court decision. This is a must read for understanding the confusing debate around the FISA bill.

Posted by Kay Guinane, 10:57:37 AM



Thursday, July 03, 2008

Court Rules in Al-Haramain Islamic Foundation Case

The New York Times reports that in Al-Haramain Islamic Foundation v. Bush, a federal judge for the Northern District of California ruled that the Foreign Intelligence Surveillance Act (FISA) preempts the state secrets privilege. Al-Haramain sued the government after receiving a document proving they were subject to warrantless surveillance. The judge "said that the wiretapping law established by Congress was the 'exclusive' means for the president to eavesdrop on Americans, and he rejected the government's claim that the president's constitutional authority as commander in chief trumped that law." But the judge refused to throw out the lawsuit, giving the charity's lawyers 30 days to restructure their claim. The Court found that Al-Haramain had not provided a sufficient showing that they were "aggrieved." The Wired.com's Threat Level Blog has a very detailed posting.



Posted by Amanda Adams, 02:33:37 PM



Friday, June 27, 2008

Senate Holds Off on FISA

CQ ($$) reports that the Senate will take up a rewrite of the Foreign Intelligence Surveillance Act (FISA) after returning from the July 4th recess on July 8th. On June 25 the Senate voted 80-15, to limit debate on a motion to proceed to the bill (HR 6304).

Those who oppose the bill argue that the privacy of U.S. citizens would be jeopardized and the administration's warrantless surveillance program would be protected from any determination of illegality. During debate, Senator Chris Dodd (D-CT) said; "we are about to make another great error because of fear, because we fail to understand that balancing legitimate interests of our security and our rights ought not to be compromised. That is what the FISA courts were created to do - to balance rights and fears over legitimate concerns about our security being jeopardized. So I rise once again to voice my strong opposition to the misguided FISA legislation before us, as it will come in the next day or so."

When the bill is considered in July, three amendments will be considered :

  • An amendment offered by Senators Dodd, Russ Feingold (D-WI) and Patrick Leahy (D-VT) would strip the bill of its immunity provision.
  • An amendment offered by Senator Arlen Specter, (R-PA) would require the lawsuits' dismissal unless a federal district court determines the assistance "was provided in connection with an intelligence activity that violated the Constitution of the United States."
  • Senator Jeff Bingaman (D-NM) plans to offer an amendment that would stay all the pending lawsuits until 90 days after Congress receives the inspectors general report on the president's surveillance program required by the legislation.

For a few blogs worth reading on the issue, check out Secrecy News and Wired.com's Threat Level Blog.

Contact your Senators' office and tell them to vote "no" on the FISA bill.



Posted by Amanda Adams, 04:21:33 PM



Friday, June 20, 2008

ACLU Challenges Two Organizations Labeled "Unindicted Co-Conspirators"

The American Civil Liberties Union (ACLU) and the ACLU of Texas filed a legal challenge in Dallas federal court to clear the names of two organizations, the Islamic Society of North America (ISNA) and the North American Islamic Trust (NAIT), named by the government as "unindicted co-conspirators" in its criminal case against the Holy Land Foundation (HLF). Government attorneys publicly identified them as co-conspirators before the HLF trial, even though neither organization was the subject of a criminal investigation or charged with any crimes.

The HLF case ended in a mistrial last fall and is scheduled for a retrial in September. The ACLU press release states that "the government conceded, however, that it had absolutely no evidence proving that either ISNA or NAIT had engaged in a criminal conspiracy. The lead prosecutor in the case told lawyers for the two organizations 'that ISNA and NAIT were not subjects or targets in the HLF prosecution or in any other pending investigation.' The prosecutor also acknowledged that the public labeling was simply a 'legal tactic' intended to allow the government to introduce hearsay evidence against HLF later at trial."

The court papers argue that the groups are mainstream charitable organizations, and the government violated their Fifth Amendment rights when it publicly branded them as criminals.



Posted by Amanda Adams, 01:35:30 PM



Thursday, June 19, 2008

FISA "Compromise"

CQ ($$) reports that a bill to revise the Foreign Intelligence Surveillance Act (FISA) will likely be announced today, with a possible House vote tomorrow (June 20). Under the new measure, "a federal district court to decide whether to provide retroactive legal immunity to telecommunications companies being sued for their role in the Bush administration's warrantless surveillance program. Under the prospective deal, the secret court created by the original law would get to review, in advance, the process by which the administration chooses foreign surveillance targets who may be communicating with people in the United States. One source said the federal district court deciding on retroactive immunity would review whether there was 'substantial evidence' the companies had received assurances from the government that the administration's program was legal."

And Reuters; considers this as clearly shielding the phone companies from potentially billions of dollars in lawsuits. "The House would likely approve the measure overwhelmingly. Despite opposition from its top two Democrats, the Senate would then likely give it final approval, clearing the way for President George W. Bush to sign it into law."

Meanwhile, read this New York Times editorial titled "Mr. Bush v. the Bill of Rights."

In the waning months of his tenure, President Bush and his allies are once again trying to scare Congress into expanding the president's powers to spy on Americans without a court order. . . . What is unacceptable, though, is that the district court would be instructed to decide based solely on whether the Bush administration certifies that the companies were told the spying was legal. If the aim is to allow a court hearing on the president's spying, the lawsuits should be allowed to proceed — and the courts should be able to resolve them the way they resolve every other case.



Posted by Amanda Adams, 02:35:49 PM



Tuesday, June 10, 2008

Groups Call For the Rejection of FISA Legislation Proposed by Senator Bond

The ranking member of the Senate Select Committee on Intelligence, Senator Christopher Bond (R-MO) has put out what he considers a compromise on surveillance legislation to revise the Foreign Intelligence Surveillance Act (FISA). OMB Watch signed on to a coalition letter strongly opposing this "compromise."

"The Bond proposal does incorporate a few improvements, including an audit of illegal warrantless surveillance and a provision reaffirming that FISA is the exclusive means by which foreign intelligence surveillance can lawfully be conducted in the United States. But these modest concessions do not offset the vast new unchecked surveillance powers the bill confers on the government."

In addition, Senators Russ Feingold (D-WI) and Chris Dodd (D-CT) are urging those working to finalize the FISA Amendments Act to include provisions that protect the privacy of Americans and not to grant retroactive immunity to companies that allegedly cooperated in the illegal warrantless wiretapping program. Bond's proposal would give the FISA court the authority to decide whether to grant retroactive legal immunity for telecommunications companies. Feingold and Dodd sent a letter to Democratic leaders stating, "under the Bond proposal, the result of the FISA Court's evaluation would be predetermined. Regardless of how much information it is permitted to review, what standard of review is employed, how open the proceedings are, and what role the plaintiffs' lawyers are permitted to play, the FISA Court would be required to grant immunity. To agree to such a proposal would not represent a reasonable compromise."



Posted by Amanda Adams, 05:35:20 PM



Wednesday, June 04, 2008

Judge Throws Out Conviction of Muslim Charity Leaders in MA

A federal judge has thrown out convictions of two formers leaders of a Boston-based Muslim charity that is now defunct. According to the Boston Globe Judge Dennis Saylor of the United States District Court in Boston ruled that they should not have been convicted for tax-related charges last January. The conviction against a third defendant was allowed to stand.

The case was based on charges that the defendants published a newsletter with articles supporting jihad without reporting it to the IRS. There was evidence the group, Massachusetts Care Interantional, Inc., also sent aid to widows and orphans and disaster victims around the world. A former Harvard law professor who helped challenge the convictions, Kathleen Sullivan, told the Globe, "Never before has there been a tax criminal prosecution for a charity failing to tell you that it's sending out newsletters that somebody might not like." Prosecutors are considering an appeal.




Friday, May 23, 2008

FISA Proposal

As Congress prepares to leave for the Memorial Day recess, negotiations continue on working to reform the Foreign Intelligence Surveillance Act (FISA). CQ ($$) reports that, "Republicans unveiled their latest compromise offer Thursday to rewrite electronic surveillance rules, saying they can make no more concessions to Democrats."

This latest proposal would establish FISA as the "exclusive means" of conducting electronic surveillance after recent news of a declassified 2001 Justice Department legal opinion. Despite language in the 1978 FISA law that cites FISA as the exclusive authority governing domestic wiretapping, the 2001 opinion determined that Congress actually did not want to restrict the president's authority to conduct warrantless surveillance for national security purposes. House Speaker Nancy Pelosi (D-CA), is now insisting on tight language in any rewrite of the FISA law to establish the statute as the "exclusive means" for conducting domestic electronic surveillance.

The proposal would also allow an inspector general investigation of the warrantless wiretapping program, and allow the secret FISA court to review in advance the procedures the administration would use to conduct surveillance of international calls where one party is in the U.S. to ensure privacy and civil liberties are protected. The compromise would also give the FISA court the authority to decide whether to grant retroactive legal immunity for telecommunications companies that are being sued for assisting the administration with the program.

According to CQ, Senator Christopher Bond (R-MO), "said the proposal has been vetted with the administration and intelligence community." And House Majority Leader Steny Hoyer (D-MD) said, "We are reviewing it carefully and look forward to resolving remaining differences in the near future."



Posted by Amanda Adams, 12:57:14 PM



Thursday, May 22, 2008

Lieberman Urges Google to Remove Content from YouTube

Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman (I-CT), has asked Google to remove Internet video content distribution of material produced by terrorist groups through YouTube. According to Lieberman's press release, the videos "show assassinations, deaths of U.S. soldiers and civilians, weapons training, incendiary speeches by al-Qaeda leadership, and other material intended to encourage violence against the West." Lieberman references the recently released report by the committee that details how dangerous the Internet can be as a way to spread support for terrorist activities.

In a letter Lieberman explains that removing offensive content "should be a straightforward task since so many of the Islamist terrorist organizations brand their material with logos or icons identifying their provenance." He also asks that Google explains how it will enforce YouTube "community guidelines to address violent extremist material."

According to The Hill Google rejected this request, "claiming the action would stifle the 'free speech' the Google-owned site YouTube encourages. . . . 'YouTube encourages free speech and defends everyone's right to express unpopular points of view,' the company replied. 'We believe that YouTube is a richer and more relevant platform for users precisely because it hosts a diverse range of views, and rather than stifle debate we allow our users to view all acceptable content and make up their own minds."



Posted by Amanda Adams, 01:02:53 PM



Friday, May 16, 2008

FISA Negotiations Continue

Reportedly, an effort to find a compromise on legislation that revises the Foreign Intelligence Surveillance Act (FISA) is somewhat moving forward. According to CQ ($$), "Lawmakers and aides doubt that Congress can complete any overhaul of the foreign intelligence surveillance law before the Memorial Day break, yet many say increasingly 'productive' and 'serious' negotiations are under way." Apparently a compromise is being considered in which a secret court would have the authority to decide whether to grant immunity in cases involving telecommunications companies. The companies would have to go before the secret FISA court in order to be eligible for retroactive immunity. This is similar to an amendment Senator Dianne Feinstein (D-CA) offered during the Senate debate, but it was defeated.

This proposal is not without objections. The FISA court could be limited in what kind of review it conducts, and possibly far too limited. If the courts can only review orders from the Bush administration, plaintiffs could be denied a fair hearing. Caroline Fredrickson, the director of the American Civil Liberties Union's Washington legislative office was quoted in the CQ article; "We're really very concerned, because putting something that should be handled in the federal court system into a secret court where only one side really has a chance to make its arguments and the general public gets shut out is not really going to advance accountability for the illegal spying this administration has engaged in."



Posted by Amanda Adams, 12:14:21 PM



Wednesday, May 14, 2008

Librarians on the Hill to Discuss FISA and Other Issues

CongressDaily ($$) reports; "Librarians are not thought of as lobbying heavyweights, but when it comes to protecting patron privacy, lawmakers could get an earful today. Hundreds of literature lovers plan to canvass Capitol Hill armed with talking points about revisions to the Foreign Intelligence Surveillance Act, national security letters and a host of other topics important to the 110th Congress."

The American Library Association (ALA) is holding their National Library Legislative Day. In regards to reforming the Foreign Intelligence Surveillance Act (FISA), the ALA will be lobbying in support of HR 3773, introduced by House Judiciary Committee Chairman John Conyers (D-MI). "They believe it contains needed reporting requirements for congressional oversight; protections against unconstitutional surveillance. It also has a 2009 sunset provision; stronger judicial oversight, and a 'probable cause' requirement for spying on Americans overseas."



Posted by Amanda Adams, 05:49:53 PM



Friday, May 09, 2008

Senate Homeland Security Committee Issues Report on Domestic Extremism

Leaders of the Senate Homeland Security and Government Affairs Committee, Senators Joseph Lieberman (I-CT) and Susan Collins (R-ME), have introduced a report titled "Violent Islamist Extremism, the Internet, and the Homegrown Terrorism Threat," based on hearings held by the Committee that looked into violent homegrown terrorism. They warn, "that the threat of homegrown terrorism is on the rise, aided by the Internet's capacity to spread the core recruitment and training message of violent Islamist terrorist groups."

Prior to the release of the report, OMB Watch along with many other groups sent a memorandum urging the committee to "tread lightly and carefully in this area, and to make every effort to preserve free speech and association rights." Legislation to address the problem, the Violent Radicalization and Homegrown Terrorism Prevention Act (S. 1959) is stalled in the Senate. The memo describes numerous concerns including the free speech implications and the unease of singling out of one religious group.

Our memo states; "If the Internet is a focus of efforts to stop 'homegrown terrorism' it should be because it can be a tremendous tool for dissemination of vast amounts of material that could counter the messages of the terrorists. The Internet, and the free speech it facilitates, can be an antidote to terrorism."

The American Civil Liberties Union issued a press release, which quoted Caroline Fredrickson, director of the ACLU Washington Legislative Office; "Though the need to prevent criminal acts of violence is unquestionable, targeting communities based on religious beliefs is unacceptable and unproductive. We will only end up stigmatizing the Islamic community and creating a nation of Islamophobes. We should not be legislating against thought and we should certainly not be regulating religious or unpopular thought. "

To read our coalition letter click here. In addition, a coalition of national American Muslim and Arab organizations submitted a letter to the committee responding to the report. And see this related article "Study Commission or Thought Police?"



Posted by Amanda Adams, 04:30:15 PM




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