Privacy Digest

Gag Lifted, Brewster Speaks! - Via ACLU Blog - Government Spying:

The FBI has withdrawn an unconstitutional national security letter issued to the Internet Archive after a legal challenge from the ACLU and the Electronic Frontier Foundation. As the result of a settlement agreement, the FBI withdrew the NSL, agreed to the unsealing of the case, and lifted a gag order — finally allowing the Archive’s founder, Brewster Kahle, to speak out for the first time about his battle against the record demand. Check out this video for Kahle's story in his own words.  read more »

FBI Withdraws Unconstitutional National Security Letter After ACLU and EFF Challenge - Via EFF: Breaking News:

San Francisco - The FBI has withdrawn an unconstitutional national security letter (NSL) issued to the Internet Archive after a legal challenge from the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF). As the result of a settlement agreement, the FBI withdrew the NSL and agreed to the unsealing of the case, finally allowing the Archive's founder to speak out for the first time about his battle against the record demand.

"The free flow of information is at the heart of every library's work. That's why Congress passed a law limiting the FBI's power to issue NSLs to America's libraries," said Brewster Kahle, founder and Digital Librarian of the Internet Archive. "While it's never easy standing up to the government -- particularly when I was barred from discussing it with anyone -- I knew I had to challenge something that was clearly wrong. I'm grateful that I am able now to talk about what happened to me, so that other libraries can learn how they can fight back from these overreaching demands."  read more »

FBI Lifts Gag Order on Internet Archive - Via ACLU Blog - Government Spying:

It’s official: the FBI withdrew its national security letter (NSL) demand that it had issued to the Internet Archive last November. NSLs demand personal records like Web site visits and e-mail addresses without prior court approval, and NSL recipients are forbidden, or "gagged," from telling anyone about the demand. So now that the NSL has been withdrawn, the gag has been lifted, and Brewster Kahle, founder of the Internet Archive, can speak freely about his battle to protect Internet Archive users' privacy rights.  read more »

FBI Targets Internet Archive With Secret 'National Security Letter', Loses - Via Threat Level:

The Internet Archive, a project to create a digital library of the web for posterity, successfully fought a secret government Patriot Act order for records about one of its patrons and won the right to make the order public, civil liberties groups announced Wednesday morning.

On November 26, 2007, the FBI served a controversial National Security Letter on the Internet Archive, asking for records about one of the library's registered users, asking for the user's name, address.

The Electronic Frontier Foundation, the Internet Archive's lawyers, fought the NSL, challenging its constitutionality in a December 14 complaint (.pdf) to a federal court in San Francisco.  read more »

Daily Kos: Another victory for the anti-Real ID rebels - Via ACLU's diary in Daily Kos:

By Larry Frankel, State Legislative Counsel, ACLU Washington Legislative Office

The anti-Real ID movement just took a big step forward, with the Arizona Senate’s 21-7 vote to bar implementation of Real ID in Arizona. The bill (H.B. 2677) still has to go back to the Arizona House for another vote and then on to Governor Janet Napolitano for her signature. But as of this writing, Arizona is poised to join the growing number of states who have recognized that Real ID is an expensive and unworkable invasion of our privacy.

The good work of a bipartisan group of Arizona legislators contrasts with what happened last week in Minnesota. Governor Tim Pawlenty vetoed a transportation bill that passed the Minnesota legislature with overwhelming bipartisan support because the members of the Minnesota legislature had the audacity to say no to the federal Real ID Act. The governor’s veto message reads like a set of talking points from the Department of Homeland Security.  read more »

"Something to Hide" in a Surveillance Society - Via ACLU Blog:

Last Thursday, we teamed up with PEN American Center once again during its PEN World Voices Festival to host "Something to Hide: Writers and Artists Against the Surveillance State," a special evening designed to provoke reflection on controversial post-9/11 government surveillance programs in the U.S. The evening featured dramatic readings from writers György Dragomán, Wally Shawn, Deborah Eisenberg, Ingo Schulze, Péter Esterházy; poetry from Chenjerai Hove and Irakli Kakabadze; personal reflections from visual artists Jenny Marketou and Hasan Elahi; and opening remarks from PEN President Francine Prose and ACLU Executive Director Anthony Romero.

While your gut might not be saying, “Gee that sounds like fun,” important stories were told and a really good time was had and by all, both onstage and off.  read more »

ACLU Commends Net Neutrality Hearing - Via American Civil Liberties Union:

WASHINGTON – The American Civil Liberties Union commends Chairman Edward Markey (D-MA) of the Subcommittee on Telecommunications and the Internet for holding a hearing today on the Internet Freedom Preservation Act of 2008 (H.R. 5353), legislation designed to keep the Internet free for open discourse.

Caroline Fredrickson, director of the ACLU Washington Legislative office said, "This legislation is a good first step in protecting the Internet from blocking, censorship and discrimination by powerful phone and cable companies." Frederickson said the hearing and the legislation are "important measures to bring net neutrality the attention it needs." She added that the ACLU, which has been fighting for First Amendment freedoms for 87 years, encourages members of Congress and the FCC to take immediate action to safeguard free speech and innovation online.  read more »

Backroom FISA Deal in the Making? - Via ACLU Blog - Government Spying:

There was chatter on the blogs last week that FISA compromise was in the works, but it wasn't until late Friday night that our lobbyists confirmed that House Majority Leader Steny Hoyer (D-Md.) is working on a compromise bill with Senator Jay Rockefeller (D-W.Va.) — yes, the same senator known for taking thousands of dollars of campaign contributions from the telecom companies he's angling to protect with immunity. Hoyer and Rockefeller may try to lock in a deal within the next few days.  read more »

One Step Forward, Two Steps Back for Genetic Privacy - Via ACLU Blog - Privacy & Technology:

Yesterday, the House passed H.R. 493, the Genetic Nondiscrimination Act (GINA), and the bill is now headed to President Bush for his signature.
This is a victory for all Americans who value their genetic privacy: GINA prevents employers and health insurance companies from discriminating against applicants based on their genetic code, which, thanks to modern science, reveals a lot about your body's predisposition towards illness and disease.  read more »

Beware of Robert Johnsons and Anyone Named Ted Kennedy - Via ACLU Blog - Privacy & Technology:

My latest Civil Discourse comic tackles the government's Terrorist Watch list, which has almost million names. Who's on it? Toddlers, dead people, congressmen, and Iraq War vets. You know, the people most likely to harm America. See the ACLU's watch list counter for more info.  read more »

Red Alert! Mandela Wants In! - Via ACLU Blog - Privacy & Technology:

USA Today reports:

Nobel Peace Prize winner and international symbol of freedom Nelson Mandela is flagged on U.S. terrorist watch lists and needs special permission to visit the USA. Secretary of State Condoleezza Rice calls the situation "embarrassing…"

Shocking that this has happened considering how well-organized and error-free the watchlist is otherwise.  read more »

ACLU Commends Senator Feingold for Hearing on Secret Law - Via American Civil Liberties Union:

Washington, DC – The American Civil Liberties Union today applauded a Senate subcommittee for holding a hearing on the Bush administration’s use of secrecy to institute government policy. During the hearing, entitled "Secret Law and the Threat to Democratic and Accountable Government," the Senate Judiciary Subcommittee on the Constitution and its chairman, Senator Russell Feingold (D-WI), heard testimony from legal experts and open government advocates. The hearing focused on the administration’s broad interpretation of the law as it relates to government secrecy and counterterrorism policies – including a legal opinion written by former Justice Department Official John Yoo on the use of torture in interrogations. That memo was made public through a Freedom of Information Act (FOIA) request made by the ACLU.

"Government transparency is the cornerstone of democracy," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "This administration has been rewriting the Constitution memo by memo. From what we’ve seen of the self-serving opinions issued by the Office of Legal Counsel, we can only believe that those that remain secret must equally distort the law in favor of President Bush’s agenda. An agenda built on secrecy and overclassification is antithetical to our country’s ideals."  read more »

Happy Law Day! - Via ACLU Blog - Government Spying:

As you might have heard, today is 50th anniversary of Law Day, and to show that President Bush is taking today seriously, he's even given Law Day a theme this year!

The theme of this year's Law Day, "The Rule of Law: Foundation for Communities of Opportunity and Equity," recognizes the fundamental role that the rule of law plays in preserving liberty in our Nation and in all free societies. We pay tribute to the men and women in America's legal community. Through hard work and dedication to the rule of law, members of the judiciary and the legal profession help secure the rights of individuals, bring justice to our communities, and reinforce the proud traditions that make America a beacon of light for the world.

Not a bad sentiment, I know. I agree with it, actually. But when it comes from mouth of one George Walker Bush, the words, “Today, we are reminded of that past and look toward a hopeful future as we work to secure the liberty that is the natural right of every man, woman, and child” one cringes a bit. Securing liberty, he says, on a day where the U.S. prepared to conduct a trial against an empty chair at Guantánamo? Celebrate free society on a day that it’s announced that a secret court has more than doubled the number of secret warrants approved in the last seven years?  read more »

ACLU Urges Senate Committee to Pass Strong State Secrets Bill - Via American Civil Liberties Union:

Washington, DC – As the Senate Judiciary Committee meets today to mark up key legislation, the American Civil Liberties Union urged the body to pass a bill that would allow Americans to hold their government accountable. The bill, introduced by Senator Edward Kennedy (D-MA), would limit the scope of the state secrets privilege. The Bush administration, which has threatened to veto Senator Kennedy’s bill, has used the privilege to halt several important lawsuits against the government, including an ACLU case involving the extraordinary rendition of an innocent German citizen, Khaled El-Masri.

"The administration’s frequent and broad use of the state secrets privilege goes to the very root of its abuse of power," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "The privilege has been misused and abused for long enough. Senator Kennedy’s legislation will allow for a court to review the government’s national security claims and will rightly reinstate the role of the judiciary."  read more »

ACLU Urges House to Remain Firm as FISA Stalemate Continues - Via American Civil Liberties Union:

Washington, DC – In response to reports that Republicans in the House of Representatives have filed a discharge petition in order to force a vote on a Senate-passed update to the Foreign Intelligence Surveillance Act (FISA), the American Civil Liberties Union released the following statement.

The following can be attributed to Caroline Fredrickson, director of the ACLU Washington Legislative Office:  read more »

Congress Expected to Pass Health Privacy Protections - Via ACLU - Privacy:

ACLU Urges President to Sign 1st Civil Rights Bill of 21st Century

FOR IMMEDIATE RELEASE
Contact: (202) 675-2312 or media@dcaclu.org

WASHINGTON DC - After more than a decade of debates, hearings and votes, Congress is expected to pass legislation referred to as the first civil rights bill of the 21st century that is a critical step toward securing civil liberties in the emerging field of medical technology.

The ACLU urges President Bush to live by his words in support of health privacy protections and sign the Genetic Information Nondiscrimination Act of 2007 – known as GINA, into law.

GINA would provide a national framework to direct companies and states on how to protect information acquired by genetic tests and protect against genetic discrimination. It will also regulate appropriate use of such information so employers and