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In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.
The California State Senate Office of Research examined the USA PATRIOT Act & assoc. Fed. powers that the gov't. acquired to protect the country against domestic terrorism following the attacks of 9/11. The office has looked at these issues from the perspective of members of Muslim communities in CA. The office discovered that a broad cross-section of these communities find the force of these new powers to be aimed against Muslims innocent of any connection to terrorist acts or known terrorist intentions. Contents: The PATRIOT Act -- An Overview; Selected Patriot Act Sections; The Roundup of Muslim Immigrants; Fed. Enforcement & the CA Connection: State & Local Issues; Foreign Students & Scholars; Conclusion; Stories; US-VISIT Fact Sheet.
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
There are 2 fed. material support statutes have been at the heart of the Justice Dept¿s. terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists. The other outlaws providing material support to certain terrorist org. They share a common definition of the term ¿material support,¿ some aspects of which have come under constitutional attack. Contents of this report: (1) Introduction; (2) Background; (3) Support of Designated Terrorist Org.: Attempt, Conspiracy, Aiding and Abetting; Material Support; Other Constitutional Challenges; Terrorist Org.; Consequences of Charge or Conviction; Extraterritorial Jurisdiction; Civil Actions; (4) Support of Terrorism.
The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Discusses the controversial viewpoints regarding privacy rights.