Wednesday, July 16, 2008

US 'Terrorist Watch List' Hits One Million Names Amid Legal Action Against New Spy Law

Terrorist watch list hits one million names

Jul. 14- The nation's terrorist watch list has hit one million names, according to a tally maintained by the American Civil Liberties Union based upon the government's own reported numbers for the size of the list.

"Members of Congress, nuns, war heroes and other 'suspicious characters,' with names like Robert Johnson and Gary Smith, have become trapped in the Kafkaesque clutches of this list, with little hope of escape," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "Congress needs to fix it, the Terrorist Screening Center needs to fix it, or the next president needs to fix it, but it has to be done soon."

Fredrickson and Barry Steinhardt, director of the ACLU's Technology and Liberty Program, spoke on July 14 along with two victims of the watch list: Jim Robinson, former assistant attorney general for the Civil Division who flies frequently and is often delayed for hours despite possessing a governmental security clearance and Akif Rahman, a US citizen who has been detained and interrogated extensively at the US-Canada border when traveling for business.

"America's new million record watch list is a perfect symbol for what's wrong with this administration's approach to security: it's unfair, out-of-control, a waste of resources, treats the rights of the innocent as an afterthought, and is a very real impediment in the lives of millions of travelers in this country," said Steinhardt. "It must be fixed without delay."

In February, the ACLU unveiled an online "watch list counter," which has tracked the size of the watch list based on a September 2007 report by the inspector general of the Justice Department, which reported that it was growing by 20,000 names per month.

Source: ACLU

Govt. sued over dragnet wiretapping law

Jul. 10- The American Civil Liberties Union filed a landmark lawsuit on July 10 to stop the government from conducting surveillance under a new wiretapping law that gives the Bush administration virtually unchecked power to intercept Americans' international e-mails and telephone calls. The case was filed on behalf of a broad coalition of attorneys and human rights, labor, legal and media organizations whose ability to perform their work – which relies on confidential communications – will be greatly compromised by the new law.

The FISA Amendments Act of 2008, passed by Congress the day before and signed by President Bush, not only legalizes the secret warrantless surveillance program the president approved in late 2001, it gives the government new spying powers, including the power to conduct dragnet surveillance of Americans' international communications.

"Spying on Americans without warrants or judicial approval is an abuse of government power – and that's exactly what this law allows. The ACLU will not sit by and let this evisceration of the Fourth Amendment go unchallenged," said ACLU Executive Director Anthony D. Romero. "Electronic surveillance must be conducted in a constitutional manner that affords the greatest possible protection for individual privacy and free speech rights. The new wiretapping law fails to provide fundamental safeguards that the Constitution unambiguously requires."

In their legal challenge, the ACLU argues that the new spying law violates Americans' rights to free speech and privacy under the First and Fourth Amendments to the Constitution. The new law permits the government to conduct intrusive surveillance without ever telling a court who it intends to spy on, what phone lines and email addresses it intends to monitor, where its surveillance targets are located, why it's conducting the surveillance or whether it suspects any party to the communication of wrongdoing.

Plaintiffs in the case are The Nation magazine and its contributing journalists Naomi Klein and Chris Hedges; Amnesty International USA, Global Rights, Global Fund for Women, Human Rights Watch, PEN American Center, Service Employees International Union, Washington Office on Latin America, and the International Criminal Defense Attorneys Association

"As a journalist, my job requires communication with people in all parts of the world – from Iraq to Argentina. If the US government is given unchecked surveillance power to monitor reporters' confidential sources, my ability to do this work will be seriously compromised," said Naomi Klein, an award-winning columnist and best-selling author who is a plaintiff in today's lawsuit. "I cannot in good conscience accept that my conversations with people who live outside the US will put them in harm's way as a result of overzealous government spying. Privacy in my communications is not simply an expectation, it's a right."

The ACLU's legal challenge, which was filed in the US District Court for the Southern District of New York today, seeks a court order declaring that the new law is unconstitutional and ordering its immediate and permanent halt.

In a separate filing, the ACLU asked the Foreign Intelligence Surveillance Court (FISC) to ensure that any proceedings relating to the scope, meaning or constitutionality of the new law be open to the public to the extent possible. The ACLU also asked the secret court to allow it to file a brief and participate in oral arguments, to order the government to file a public version of its briefs addressing the law's constitutionality, and to publish any judicial decision that is ultimately issued.

"The new law allows the mass acquisition of Americans' international e-mails and telephone calls," said Jameel Jaffer, Director of the ACLU National Security Project. "The administration has argued that the law is necessary to address the threat of terrorism, but the truth is that the law sweeps much more broadly and implicates all kinds of communications that have nothing to do with terrorism or criminal activity of any kind."

In 2006, the ACLU filed a lawsuit against the National Security Agency (NSA) to stop its illegal, warrantless spying program. A federal district court sided with the ACLU, ruling that warrantless wiretapping by the NSA violated Americans' rights to free speech and privacy under the First and Fourth Amendments of the Constitution, ran counter to the Foreign Intelligence Surveillance Act and violated the principle of separation of powers.

The Bush administration appealed the ruling, and an appeals court panel dismissed the case. However, the court did not uphold the legality of the government's warrantless surveillance activity and the only judge to discuss the merits of the case clearly and unequivocally declared that the warrantless spying was unlawful. The Supreme Court declined to hear the case earlier this year.

"A democratic system depends on the rule of law, and not even the president or Congress can authorize a law that violates core constitutional principles," said Christopher Dunn, Associate Legal Director of the New York Civil Liberties Union. "The only thing compromised in this so-called 'compromise' law is the Constitution."

Source: ACLU

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