Right to Know & Freedom to Act Fall 2013

7/27/2019 Right to Know & Freedom to Act Fall 2013

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Right to Know

Freedom to ActDefenDing DissentfounDation fall 2013a gaping HoleintHeConstitutionThe U.S. border is vast almost 20,000 miles around.But its actually even bigger by Department of Home-land Security (DHS) standards, which claim a 100 milewide zone stretching into the country along the entire

border. Add to that every international airport as entry-points into the U.S.and were talkingabout a huge num-ber of square miles.

This is the areathat DHS claimsits agents (like thefriendly folks atImmigration andCustoms Enforce-

ment or ICE) canseize and searchelectronic deviceswithout any suspicion of wrongdoing. DHS has assertedin court that there is no basis for the Court to concludethat searches of laptops or other electronic devices at theborder should be subjected to a different standard thanthat for other closed containers. Because my laptop isso like a toiletry bag.

The courts have granted federal agents broad author-ity at the border precisely tosecure our borders, not to

provide a nifty way to circumvent the First and FourthAmendments to search computers they cant legally getinto any other way. But government documents showthat about 5000 people have their electronics searchedat the border. Among those who have been stopped andhad their electronics searched and/or seized are sev-eral activists connected to WikiLeaks and even awardwinning lmmaker Laura Poitrus. Its always seemedsuspiciously like border searches were being used as away around the constitution. Now we have proof.

VOID

ATTHEBORDER

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Coalition Spotlight: Charity & Security Network

DDF is part of this unique and important coalition ..................

Campus ProtestsSome campuses crack down on pro-Palestine activists ........

Journalist, Traitor, Consprator, Spy

Our right to know is in danger ..................................................

A Gaping Hole in the Constitution

Yes, the government is targetting some of us at the border ...

Challenging the Surveillance State

Yes we can! In the streets, in the courts, and in congress .....

Right to Work?

Why you may need to get a national ID to get a job ................

ECPA

An important piece of the puzzle on surveillance.....................

Civil Liberties Hall of Fame

Our online history of dissent and repression in the U.S...........

in this issue....

Journalist, traitor,Consprator, spyWhen President Obama was elected in 2008, manyexpected an unprecedented age in journalism: an ageof increased access to information and protections for

journalists and their sources.

When candidate Obama spoke at a 2008 AP luncheon,he heralded his support for a federal shield law, and his

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Join Us!Add your voice to DDFs efforts to preserve, protectand advance the right to dissent in the United States.

Use this form, or visit www.defendingdissent.org andclick contribute.

Name________________________

Address______________________

City/State/zip___________________

Email*________________________* for monthly updates and action alerts

Return to:6930 Carroll Ave. Suite 419Takoma Park, MD 20912

Enclosed nd 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 quarterlysustaining 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 LibertiesHall of Fame (see back page)

o I plan to make a legacy gift

Campus protestsIn August, we sent an action alert notifying sup-porters about the impending threat of CaliforniaResolution 76, legislation aimed at pro-Palesticeactivists which would weaken the right to protestat California universities.

The bill was moved to inactive le in mid-Sep-tember. Unfortunately, this does not mean theresolution is dead, as it could be brought back toactive status at any point.

A small, but growing threat to student activism onuniversity campuses has been seen in the last fewyears, with incidents of suppression targeted atpro-Palestine groups occurring across the country.

Two incidents involving chapters of Studentsfor Justice in Palestine (SJP) being sanctionedoccurred in April, one at Northeastern Univer-sity and the other at Florida Atlantic University.Northeastern University invoked a historicallydormant policy requiring permits for proteststo sanction the schools SJP, which had staged awalkout during a presentation by Israeli soldiers.

After the Florida Atlantic SJP protested a pro-Israel lecture, the school found members inviolation of the student code of conduct, whichstipulates that students are expected to govern

their behavior at all University-sponsored events.Involved students were then given an option be-tween 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 advocatescan be found across the United States, California remainsthe most volatile. All of the aforementioned examplesfollow the February 2010 decision in a California court tond ten members of the Irvine 11 guilty of conspiracyto disrupt a meeting after the students had interrupted alecture given by the Israeli ambassador.

The Department of Education recently threw out claimsagainst UC Berkeley that alleged an anti-Semitic en-

vironment due to pro-Palestine activism, but the issuecontinues to percolate. Well keep you posted.

University of Maryland chapter of Students for Justice in Palestine


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In November 2010, David House, a friendof Chelsea Manning and co-founder of theBradley Manning Support Network wasstopped at OHare International Airport re-turning from a vacation in Mexico. He wasquestioned for an hour and a half about hisadvocacy work for the Support Network, hisvisits to Manning in prison and WikiLeaks.His laptop, cell phone, camera and thumbdrive were seized and kept for months. Atthe time, it seemed clear to us that Housewas targeted for his political activity andassociation with Manning. Now, documentsreleased as a result of a lawsuit reveal thatour suspicions were correct.

House had already been questioned by

authorities in relation to Mannings caseand called before a grand jury investigatingWikiLeaks. At that time, the governmentwanted to search his laptop, but didnt havethe grounds for a warrant, so they founda back door: House was put on a govern-ment watch list called TEC. That watch listtripped an alert when Houses name showedup on the passenger manifest for his interna-tional ight from Mexico, so ICE agents atOHare knew to detain and question him andseize his electronics. The released docu-

ments show that the reason for the stop hadnothing to do with border security but every-thing to do with Houses activism.

Houses laptop was kept for seven weeksand copies of his hard drive were made andshared with the Armys Criminal Investi-gative Division. The lawsuit compels thegovernment to destroy all data it got fromHouses electronics.

Are you now or haveyou ever been...

a supporter ofDefending Dissent Foundation?Our work can be your legacy. Making a bequest or other testamentarygift can be as easy as including DDF in your will or adding us as abeneciary of a life insurance policy, pension plan or IRA. You can alsoleave cash, stocks, real estate or personal property. Consult with yourlegal or nancial advisor or contact us directly at 202-529-4225 for moreinformation.

Gifts of any size can have a big impact and allow you to make a differencefor future generations.

Frank Wilkinson, pictured above, was one of the founders of DDFHe stood up to the House Un-american Activities Committee in 1958refusing to answer the infamous question: Are you now, or have youever been, a member of the Communist Party?It earned him a year in jail.

a gaping Holecontinued from page 1

finD us online:

ww w.defendingdissent .org

ww w.civillibertieshallof fame.org

ww w.stopspying.us

/defendingdissent

/defendiissent

/defendingdissent

/defendingdissent

/defenddissent


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In the StreetsShortly after the rst of the Snowden leaks, TheMontgomery County Civil Rights Coalition, alongwith DDF and with the support of other national

groups quickly organized the rst protest at the Capi-tol against NSAs mass surveillance. There were alsorallies in other major cities across the country on anad hoc basis. The rst coordinated day of actions tookplace on July 4th, organized by a new coalition calledRestore the Fourth. Over 50 local protests were orga-nized in 48 states and the District of Columbia. Thelargest protests, such as those in Boston, WashingtonDC, New York, and San Francisco, each had an aver-age range of 500-1000 individuals. DDF ExecutiveDirector 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 masssurveillance, so the date is set and organizing hasbegun. Well gather in Washington DC on October26 (the anniversary of the PATRIOT Act) for a Stop-WatchingUS march and rally, followed by a day oflearning, networking and strategizing on October 27.We are organizing lobby days for Friday 10/24 andMonday 10/28 so those of you who are able to spend

more time in DC can pay a visit to Capitol Hill. Finddetails and updates at www.rally.stopwatching.us

Call Congress!Please call your members of Congress to ask them tosupport efforts to end mass surveillance and increasetransparency and accountability. Reach them usingthe Capitol switchboard: 202-224-3121, or visit www.defendingdissent.org to send an email.

In the CourtsA number of cases challenging the constitutionality ofthe mass surveillance programs have been led, as wel

as several FOIA lawsuits to get details on NSA programand FISA court decisions and opinions.

Defending Dissent Foundation, as a member of theCharity and Security Coalition joined a lawsuit led bythe Electronic Frontier Foundation against the NationaSecurity Agency over the unconstitutional collectionof bulk telephone call records. There are 22 plaintiffsin the case, First Unitarian Church of L.A. v. the NSA,alleging that government surveillance under Section 21of the Patriot Act violates Americans First Amendmenright to freedom of association. It is a diverse coalition

of groups representing a range of interests from gunrights to environmentalism, drug-policy reform, humanrights, open-source technology, media reform and reli-gious freedom.

Technology companies are also in court, ghting forthe right to disclose information about their compliancwith government demands for data. Google, MicrosofFacebook and Yahoo are asking the FISA court to allowthem to reveal every six months the precise number ofdemands for data as well as the number of users affecte

They argue that the government has no legitimate interest in keeping that information secret, and that the prohbition violates the First Amendment.


Above: St. Louis Restore the Fourth rally

Photo credit: Dangerousintersection.org DDF director Sue Udry speaks at June 14 Capitol Hill rally.


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In CongressWe came so close to defunding the NSAs domestic surveillance program on July 27 when the House of Represen-tatives almost passed the Amash/Conyers amendment with a vote of 205-217. This is not the only vote Congress

will take on mass surveillance, but it was a great start. As we go to press, 22 bills have been introduced to reformthe PATRIOT Act, the FISA Amendments Act and the FISA Court or to increase transparency and several morebills are on the horizon. In addition, seven members of the Senate Judiciary Committee have asked the InspectorGeneral of the Intelligence community to conduct a full-scale review of the use of surveillance authorities andmake public the ndings. This is a fast moving issue so please check our website for updates.

Heres an overview of some of the strongest bills introduced so far:

In the House:

The Surveillance State Repeal Act (HR 2818)Rep. Rush Holt (D-NJ), no co-sponsorsRepeals the PATRIOT and FISA Amendments Actsand reinstates a uniform probable cause-based warrantstandard for surveillance requests; prohibits the federalgovernment from forcing technol-ogy companies to build hardwareor software back doors that allowthe government to bypass encryp-tion or privacy technology. The billincludes some legal protections fornational security whistleblowers,

as well as changes to the ForeignIntelligence Surveillance Courtto give it greater expertise in re-viewing and challenging executivebranch applications for surveillanceoperations.

This is an exceptionally strong andcomprehensive bill. To our surprise, on September 23,the New York Times ran an editorial urging Congressto pass the bill, primarily due to provisions prohibitinggovernment back doors to bypass encryption.

The LIBERT-E Act (HR 2399)Rep. John Conyers (D-MI), 51 co-sponsorsSeeks to end bulk collection by raising the standard forcollection, allows gag orders to be challenged imme-diately, requires the Foreign Intelligence Surveillancecourt to release unclassied summaries of all decisions,orders and opinions and requires a privacy impact reportby the Inspectors General of DOJ and relevant intelli-gence agencies.

In the Senate:

Intelligence Oversight & Surveillance Reform ActSens. Wyden(D-OR), M. Udall(D-CO)Blumenthal(D-CT), Paul(R-KY)

This bill was just introduced as we went to press, sowe dont have a bill number yet. A comprehensive bil

including reforms to: prohibitbulk collection of phone and in-ternet data; prohibit back doorsearches and reverse targetingcreate a Constitutional Advo-cate for the FISA court and de-classify FISA court opinions

permit companies to disclosestatistics on their cooperationwith government surveillanceand require government disclo-sure of surveillance statisticsallow the Privacy and Civil Lib-erties Oversight Board to issuesubpoenas to compel testimony

from government ofcials.

FISA Accountability Act (S1215)Sen. Patrick Leahy (D-VT), 10 co-sponsors

The bill raises the standard for the collection of tele-phony metadata (its still too broad in our opinion, bua considerable improvement) and requires minimiza-tion procedures, and requires unclassied reportingon the privacy impact of the use of these authoritiesThe bill shortens the sunset for the FISA AmendmentsAct from December 2017 to June 2015. The June 2015sunset would align with expiring USA PATRIOT Actprovisions, and enable Congress to address these FISAprovisions all at once, instead of in a piecemeal fash-ion.

I am sure that we will hear from witnesses

today who will say that these programs are

critical in helping to identify and connect the

so-called dots. But there will always be

more dots to collect, analyze, and try to

connect. The Government is already collect-

ing data on millions of innocent Americanson a daily basis, based on a secret legal

interpretation of a statute that does not on

its face appear to authorize this type of bulk

collection. What will be next? And when is

enough, enough?

--Senator Patrick Leahy



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CoalitionspotligHt

DDF is on the steering committee of this impor-tant coalition that works to protect civil societysability to carry out peacebuilding projects, hu-manitarian aid, and development work effectivelyand in a manner consistent with human rightsprinciples and democratic values.

While DDFs primary focus is the impact of re-pressive laws on activism within the U.S., ourmembership in the Charity and Security Networkallows us to address the negative consequencesof counter terrorism measures on U.S. groupsworking internationally. This includes charitieslike Feed the Children, Lutheran World Reliefand Islamic Relief U.S.A. as well as solidarity orpeacebuilding groups like the American FriendsService Committee and the Carter Center.

The impact has been signicant. Millions of dol-

lars donated for aid programs have been frozenindenitely. Broad interpretations of materialsupport of terrorism conict with standards setby the Red Cross. All groups, from local chari-ties to international programs, must deal withthreat of being shut down without opportunity toappeal. The costs of these measures far outweighany national security benets gained.

To address these problems, the Charity and Se-curity Network was launched in November 2008by charities, grant makers, and faith-based and

advocacy groups. Our work includes public edu-cation aimed at bringing attention to this oftenoverlooked problem; promoting alternative regu-latory approaches that reect the realities andneeds of successful nonprot programs; grantmaking; and coordination and support for non-prot stakeholders to take joint action for reform.

Were proud to be a part of this effective coali-tion. Read more at charityandsecurity.org.

Civil liberties

Hallof fame

www.CivillibertiesHalloffame.orgWeve published four books, and were proud of each

one, but we recognize that publishing books might notbe the best way to reach a younger generation of read-ers. So weve begun to build an online resource thattells the intertwined histories of dissent and repressionin the U.S.

Our Civil Liberties Hall of Fame chronicles and com-memorates the activities of individuals and groups thathonorably defended or uti-lized the First Amendmentto the United States Consti-tution. To be included in our

Hall of Fame, an individualor group must have pursuedthe defense of civil libertiesin ways that incorporateda respect for basic humanrights and recognized theneed to extend equality andpluralism as a prerequisite for the construction of trulyfree society. They understood that freedom is a con-stant 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 towrite articles about their heroes (or tell the stories tous and well write the article). Visit the website (seebelow) to read articles about people like Lucy Parsons,Bayard Rustin and Elizabeth Gurley Flynn, and eventsand movements like the Spokane Free Speech Fightand the Plowshares Movement. We want to includestories from a wide range of movements about activ-ists known and unknown to tell the inspiring story ofdissent in America.

Please help us build this valuable resource!

We are building a team of volunteers to research andwrite articles about thier personal heroes, and eventsand movements that they have participated in. CallSue at 202-529-4225 to get involved.

www.civillibertieshalloffame.org


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6930 Carroll Ave, Suite 416, Takoma Park, MD 20912202.529.4225 [email protected]

www.defendingdissent.org

Ofcers:Woody Kaplan, President

Hussein Ibish, Secretary TreasurerFadi Saba, Vice President

Board of Directors:Timuel Black

Don GoldhamerHonorable Emily Goodman

Arun GuptaConnie HogarthSarah Hogarth

Kate MartinVictor NavaskyFrank Rosen

Chris TownsendReverend C.T. Vivian

2013 Interns:Grace ChenKyle Labriola

Michael McCallFidelis Okonkwo

Alexander PittaroSarah Rouse

Jennifer TrefzgerLindsie Trego

Staff:Sue Udry, Executive Director

Rachel Bernhardt, Asst. to Director

Defending Dissent Foundation

rigHttoWork?The Comprehensive Immigration Re-form bill could bring us a step closer toa better immigration system, but theseimprovements could come at great cost:

a national biometric ID, mandatory foranyone who wants to work.

Thats right, in order to ensure thatno one gets a job if they are not in thecountry legally, we would all be forcedto prove that we are allowed to work.That would mean a national biometricID card that employers would haveto verify electronically. E-Verify is aDepartment of Homeland Security pro-gram already in use in some states, butSB744 would make it mandatory acrossthe nation.

Mandatory national use of E-verifysdatabase of employment and residencyinformation raises serious concerns. Forstarters, E-Verify essentially gives thefederal government the power to deter-mine who is allowed to hold a job. And,implementing a system like E-Verify isa step towards creating a national iden-tication database. Because E-Verifywould be used on every person seeking

employment, it would mean informationlike a persons biographic background,photographs and current employmentwould be stored at the national level.Such a database has an enormous poten-tial for misuse or abuse.

We dont need yet another massive fed-eral database containing our personalinformation. E-Verify should not bepart of any immigration reform effort.

eCpa an importantpieCeoftHe puzzleRemember 1986?Thats when the Electronic Com-munications Privacy Act (ECPA)was signed into law. Things have

changed a lot since then, especiallyelectronic communications! ButECPA, one of the Internets mostoutdated laws, allows hundreds offederal agenciesincluding the IRS,FBI, and DEAas well as state andlocal agencies to demand access to your old emails and documentsstored in the cloud without a warrant.

On September 18, Defending Dissent Foundation joined with overtwo dozen organizations and companies in re-launching a campaigncalled Vanishing Rights to reform ECPA.

With each passing day, as more of our private information goesonline, the need for ECPA reform becomes more urgent. Now isthe time for Congress to nally step up and give the public what itdeserves: an updated ECPA reform bill that ensures our email andonline documents are protected from warrantless searches. Pleasevisit www.vanishingrights.com to take action!


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Right to Know & Freedom to Act Fall 2013

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