Professional Documents
Culture Documents
continued on page 8
in this issue....
Journalist, Traitor, Consprator, Spy Our right to know is in danger .................................................. 1 A Gaping Hole in the Constitution Yes, the government is targetting some of us at the border ... 1 Campus Protests Some campuses crack down on pro-Palestine activists ......... 2 Challenging the Surveillance State Yes we can! In the streets, in the courts, and in congress ..... 4 Civil Liberties Hall of Fame Our online history of dissent and repression in the U.S........... 6 Coalition Spotlight: Charity & Security Network DDF is part of this unique and important coalition .................. 6 Right to Work? Why you may need to get a national ID to get a job ................ 7 ECPA An important piece of the puzzle on surveillance..................... 7
Campus Protests
In August, we sent an action alert notifying supporters about the impending threat of California Resolution 76, legislation aimed at pro-Palestice activists which would weaken the right to protest at California universities. The bill was moved to inactive file in mid-September. Unfortunately, this does not mean the resolution is dead, as it could be brought back to active status at any point. A small, but growing threat to student activism on university campuses has been seen in the last few years, with incidents of suppression targeted at pro-Palestine groups occurring across the country. Two incidents involving chapters of Students for Justice in Palestine (SJP) being sanctioned occurred in April, one at Northeastern University and the other at Florida Atlantic University. Northeastern University invoked a historically dormant policy requiring permits for protests to sanction the schools SJP, which had staged a walkout during a presentation by Israeli soldiers. After the Florida Atlantic SJP protested a proIsrael lecture, the school found members in violation of the student code of conduct, which stipulates that students are expected to govern their behavior at all University-sponsored events. Involved students were then given an option between having permanent marks on their records, or going to a sensitivity training based on Anti-
Defamation League curriculum (implying that the protests were a hate crime). While examples of suppression of pro-Palestine advocates can be found across the United States, California remains the most volatile. All of the aforementioned examples follow the February 2010 decision in a California court to find ten members of the Irvine 11 guilty of conspiracy to disrupt a meeting after the students had interrupted a lecture given by the Israeli ambassador. The Department of Education recently threw out claims against UC Berkeley that alleged an anti-Semitic environment due to pro-Palestine activism, but the issue continues to percolate. Well keep you posted.
Join Us!
Add your voice to DDFs efforts to preserve, protect and advance the right to dissent in the United States. Use this form, or visit www.defendingdissent.org and click contribute. Enclosed find my contribution of: o $250 o $100 o $50 o $25 o $_____ Check here if you would like to be a o monthly or o quarterly sustaining contributer at the above amount. Well bill you. o Ill host a DDF speaker at my school, group or other o Ill research and write articles for the Civil Liberties Hall of Fame (see back page) o I plan to make a legacy gift
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A Gaping Hole
continued from page 1
In November 2010, David House, a friend of Chelsea Manning and co-founder of the Bradley Manning Support Network was stopped at OHare International Airport returning from a vacation in Mexico. He was questioned for an hour and a half about his advocacy work for the Support Network, his visits to Manning in prison and WikiLeaks. His laptop, cell phone, camera and thumb drive were seized and kept for months. At the time, it seemed clear to us that House was targeted for his political activity and association with Manning. Now, documents released as a result of a lawsuit reveal that our suspicions were correct.
Not a vegan? House had already been questioned by Why You case authorities in relation to Mannings and called before a grand jury investigating Should Still WikiLeaks. At that time, the government wanted to search his laptop, but didnt have the grounds for acare warrant, so they found about a back door: House was put on a government watch list called TEC. That watch list aeta tripped an alert when Houses name showed
The Animal Enterprise Terrorism a law up on the passenger manifest for his Act, internadesigned to protect some businesses from tional flight fromanimal Mexico, so ICE agents at rights advocacy, has been on the books OHare knew to detain and question him and since 2006. The law is so broadly written that it could be used against a wide array of protesters seize his electronics. The released docuand advocates, not just the much-maligned ments show that the reason for the stop had animal rights movement. In spite of that, it hasnt nothing to do with border security but everygenerated a groundswell of opposition, and has remained on the books even though it is clearly thing to do with Houses activism.
Houses laptop was kept for seven weeks and copies of his Our hard drive were and fledgling campaign has made taken on a new urgency since a U.S. districtInvesticourt recently shared with the Armys Criminal dismissed a lawsuit against the AETA filed by gative Division. The lawsuit compels the Center for Constitutional Rights on behalf of five government to destroy all data CCR it got animal rights activists. and from the activists argued that the federal law, which had not been Houses electronics.
unconstitutional. But DDF aims to change that with a new campaign to overturn the AETA.
Find Us Online:
used against them nevertheless made them afraid to engage in animal right advocacy for fear of being charged with terrorism.
On the one hand, the ruling is good. The Justice Department had to argue for a narrow /defendingdissent interpretation of the law in order to deny the www.defendingdissent.org plaintiffs standing, saying that none of the /defenddissent activities the activists wanted to engage in would be against the law. The government specifically /defendingdissent mentioned documenting factory conditions with permission, organizing lawful public protests www.civillibertieshalloffame.org and letter writing campaigns, speaking at public /defendingdissent events, and disseminating literature or other educational materials. This isnt binding law, www.stopspying.us but it will be helpful in/defendiissent the future as animal rights activists find themselves in court. But a quick look at that list of sanctioned activities leaves out a broad range of legitimate protest activities, such as documenting factory
Our work can be your legacy. Making a bequest or other testamentary gift can be as easy as including DDF in your will or adding us as a beneficiary of a life insurance policy, pension plan or IRA. You can also leave cash, stocks, real estate or personal property. Consult with your legal or financial advisor or contact us directly at 202-529-4225 for more information.
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Frank Wilkinson, pictured above, was one of the founders of DDF. He stood Support up to the House Activities Committee in 1958, Groups Bill toUn-american Make Agency Reports Accessible refusing to answer the infamous question: Are you now, or have you ever been, a member of the Communist Party? DDF has joined with OpenTheGovernment.org in endorsing HR 1380, It earned him a year in jail. the Access to Congressionally Mandated Reports Act, a bill that would make the thousands of reports federal agencies are required to submit to Congress each year easily available to the public. Currently these reports,
In the Streets
Shortly after the first of the Snowden leaks, The Montgomery County Civil Rights Coalition, along with DDF and with the support of other national groups quickly organized the first protest at the Capitol against NSAs mass surveillance. There were also rallies in other major cities across the country on an ad hoc basis. The first coordinated day of actions took place on July 4th, organized by a new coalition called Restore the Fourth. Over 50 local protests were organized in 48 states and the District of Columbia. The largest protests, such as those in Boston, Washington DC, New York, and San Francisco, each had an average range of 500-1000 individuals. DDF Executive Director Sue Udry spoke at the Washington DC rally.
Take Action!
October 26 Mass Protest in DC!
Its time for a mass National rally to protest the mass surveillance, so the date is set and organizing has begun. Well gather in Washington DC on October 26 (the anniversary of the PATRIOT Act) for a StopWatchingUS march and rally, followed by a day of learning, networking and strategizing on October 27. We are organizing lobby days for Friday 10/24 and Monday 10/28 so those of you who are able to spend more time in DC can pay a visit to Capitol Hill. Find details and updates at www.rally.stopwatching.us
Call Congress!
Please call your members of Congress to ask them to support efforts to end mass surveillance and increase transparency and accountability. Reach them using the Capitol switchboard: 202-224-3121, or visit www. defendingdissent.org to send an email.
Above: St. Louis Restore the Fourth rally Photo credit: Dangerousintersection.org
DDF director Sue Udry speaks at June 14 Capitol Hill rally.
In the House:
The Surveillance State Repeal Act (HR 2818) Rep. Rush Holt (D-NJ), no co-sponsors
In the Senate:
Intelligence Oversight & Surveillance Reform Act Sens. Wyden(D-OR), M. Udall(D-CO), Blumenthal(D-CT), Paul(R-KY)
Repeals the PATRIOT and FISA Amendments Acts and reinstates a uniform probable cause-based warrant This bill was just introduced as we went to press, so standard for surveillance requests; prohibits the federal we dont have a bill number yet. A comprehensive bill government from forcing technolincluding reforms to: prohibit ogy companies to build hardware I am sure that we will hear from witnesses bulk collection of phone and inor software back doors that allow today who will say that these programs are ternet data; prohibit back door the government to bypass encryp- critical in helping to identify and connect the searches and reverse targeting; tion or privacy technology. The bill so-called dots. But there will always be create a Constitutional Advoincludes some legal protections for more dots to collect, analyze, and try to cate for the FISA court and denational security whistleblowers, connect. The Government is already collect- classify FISA court opinions; as well as changes to the Foreign ing data on millions of innocent Americans permit companies to disclose Intelligence Surveillance Court on a daily basis, based on a secret legal statistics on their cooperation to give it greater expertise in re- interpretation of a statute that does not on with government surveillance viewing and challenging executive its face appear to authorize this type of bulk and require government disclobranch applications for surveillance collection. What will be next? And when is sure of surveillance statistics; enough, enough? operations. allow the Privacy and Civil Lib--Senator Patrick Leahy erties Oversight Board to issue This is an exceptionally strong and subpoenas to compel testimony comprehensive bill. To our surprise, on September 23, from government officials. the New York Times ran an editorial urging Congress to pass the bill, primarily due to provisions prohibiting FISA Accountability Act (S1215) government back doors to bypass encryption. Sen. Patrick Leahy (D-VT), 10 co-sponsors The bill raises the standard for the collection of teleThe LIBERT-E Act (HR 2399) phony metadata (its still too broad in our opinion, but Rep. John Conyers (D-MI), 51 co-sponsors a considerable improvement) and requires minimizaSeeks to end bulk collection by raising the standard for tion procedures, and requires unclassified reporting collection, allows gag orders to be challenged imme- on the privacy impact of the use of these authorities. diately, requires the Foreign Intelligence Surveillance The bill shortens the sunset for the FISA Amendments court to release unclassified summaries of all decisions, Act from December 2017 to June 2015. The June 2015 orders and opinions and requires a privacy impact report sunset would align with expiring USA PATRIOT Act by the Inspectors General of DOJ and relevant intelli- provisions, and enable Congress to address these FISA gence agencies. provisions all at once, instead of in a piecemeal fashion.
Coalition Spotlight
Weve published four books, and were proud of each one, but we recognize that publishing books might not be the best way to reach a younger generation of readers. So weve begun to build an online resource that tells the intertwined histories of dissent and repression in the U.S. Our Civil Liberties Hall of Fame chronicles and commemorates the activities of individuals and groups that honorably defended or utilized the First Amendment to the United States Constitution. To be included in our Hall of Fame, an individual or group must have pursued the defense of civil liberties in ways that incorporated a respect for basic human rights and recognized the need to extend equality and pluralism as a prerequisite for the construction of truly free society. They understood that freedom is a constant struggle that demands speaking truth to power. You probably know someone who should be part of our Hall of Fame! We are seeking nominations, as well as volunteers to write articles about their heroes (or tell the stories to us and well write the article). Visit the website (see below) to read articles about people like Lucy Parsons, Bayard Rustin and Elizabeth Gurley Flynn, and events and movements like the Spokane Free Speech Fight and the Plowshares Movement. We want to include stories from a wide range of movements about activists known and unknown to tell the inspiring story of dissent in America. Please help us build this valuable resource! We are building a team of volunteers to research and write articles about thier personal heroes, and events and movements that they have participated in. Call Sue at 202-529-4225 to get involved.
www.civillibertieshalloffame.org
DDF is on the steering committee of this important coalition that works to protect civil societys ability to carry out peacebuilding projects, humanitarian aid, and development work effectively and in a manner consistent with human rights principles and democratic values. While DDFs primary focus is the impact of repressive laws on activism within the U.S., our membership in the Charity and Security Network allows us to address the negative consequences of counter terrorism measures on U.S. groups working internationally. This includes charities like Feed the Children, Lutheran World Relief and Islamic Relief U.S.A. as well as solidarity or peacebuilding groups like the American Friends Service Committee and the Carter Center. The impact has been significant. Millions of dollars donated for aid programs have been frozen indefinitely. Broad interpretations of material support of terrorism conflict with standards set by the Red Cross. All groups, from local charities to international programs, must deal with threat of being shut down without opportunity to appeal. The costs of these measures far outweigh any national security benefits gained. To address these problems, the Charity and Security Network was launched in November 2008 by charities, grant makers, and faith-based and advocacy groups. Our work includes public education aimed at bringing attention to this often overlooked problem; promoting alternative regulatory approaches that reflect the realities and needs of successful nonprofit programs; grant making; and coordination and support for nonprofit stakeholders to take joint action for reform. Were proud to be a part of this effective coalition. Read more at charityandsecurity.org.
Right to Work?
The Comprehensive Immigration Reform bill could bring us a step closer to a better immigration system, but these improvements could come at great cost: a national biometric ID, mandatory for anyone who wants to work. Thats right, in order to ensure that no one gets a job if they are not in the country legally, we would all be forced to prove that we are allowed to work. That would mean a national biometric ID card that employers would have to verify electronically. E-Verify is a Department of Homeland Security program already in use in some states, but SB744 would make it mandatory across the nation.
Officers:
Journalist, Traitor...
Continued from Page 1
campaign materials touted a promise of protection for whistleblowers under his administration. Instead of freedom, however, this administration has been marked by unprecedented attacks on journalists that could have long-standing repercussions for press freedom. A perfect example of this pattern of threats to the First Amendment can be found in the case of James Rosen, a Fox News reporter who used leaked information in a story examining how North Korea might have reacted to UN Security Council sanctions. The DOJ labeled Rosen a criminal co-conspirator in the leak, and seized Rosens phone records and other private data. But the federal governments threat to journalism doesnt end there. With the revelation in May that the DOJ had collected two months of AP phone records, it seems Rosens story may be becoming more of a rule than an exception. These instances represent not only invasion of the privacy of journalists, but also suppression of these reporters expected First Amendment protections. This is of concern in of itself. What is even more concerning, however, is the far-reaching implications of this pattern. In a society in which sources must consider whether the government is listening each time they pick up the phone to dial a reporter, sources will likely disappear. Journalism depends on sources; without sources, reporters glean no information and have nothing to report. Hence, government invasion into journalists private data has the capacity to create a chilling effect on the reporting of government affairs. When this invasion of privacy is combined with Obamas unprecedented prosecution of whistleblowers, who are often important sources in journalistic investigations, the threat to journalism is amplified. The situation appears even more grave when we examine the case of New York Times reporter James Risen, who may be forced to either testify against a source or face time behind bars after the 4th Circuit Court of Appeals ruled he has no reporters privilege.
Lets review: Recent events show that the government justifies invading journalists privacy, finding their sources, prosecuting their sources, and then justifies forcing the reporters to testify against their sources. But no recent event is as frightening for the state of journalism as the detention of Barrett Brown, the journalist who, in researching a story, posted a public link he had found, and now faces the possibility of a century in prison. Congress, with Obamas support, has responded to public outcry with federal shield law legislation. Unfortunately Congress is creating a narrow definition of a journalist as someone who regularly engages in journalism (the House bill adds the requirement that a person be paid). That leaves out many public interest bloggers and freelancers. But even that is too broad for Senator Feinstein, who has said she only wants to protect real reporters. She is offering an amendment narrowing the definition further to limit protections to salaried journalists who work for traditional media (not blogs).
Visit www.stopspying.us
for resources on domestic spying, including Brian Glicks
War at Home:
Covert Action Against U.S. Activists and What We Can Do About It (available online as a PDF)