Tag Archives: Patriot Act

We Need Real Surveillance Reform, Not The House’s “USA Freedom Act”

shredded-constitution

Last week, the House of Representatives passed the bill called The USA Freedom Act, 303 votes to 121. Following a series of amendments, the bill as it passed in the end contained much weaker reforms than even the very modest ones it originally proposed. The Chair of the Judiciary Committee’s manager’s amendment removed two-thirds of its substantive reforms; the Chair of the Intelligence Committee and the White House worked hard to remove as much as possible of what remained, leaving a shell that will still permit mass surveillance.

The Fourth Amendment is clear: Mass surveillance is unconstitutional. A government search is unreasonable, and therefore unconstitutional, if it is not authorized beforehand by a warrant issued by a judge, on the basis of “probable cause” of involvement in an actual crime, supported by an “oath or affirmation, and particularly describing” the “persons or things to be seized.”

That’s what ought to happen. This bill, on the other hand, would allow government searches of millions of innocent people’s data and movements, not based on probable cause or even reasonable suspicion of their personal involvement in a crime, but simply on any “selection term” vaguely associated with a target of surveillance. The “selection term” could be as broad as the government likes, covering, for example, everyone born in Hawaii, or everyone with the middle name Hussein. The argument for this “reform” that supporters are touting is that this is better than the current government practice of collecting everything with no selection term at all. While that’s true, it misses the larger point. The standard is individualized probable cause warrants, not “whatever is most convenient for the NSA.” A standard that can be redefined at will is marginally – if at all – better than having none.

Read More →

Thousands to Rally in DC Against Mass Surveillance on Patriot Act Anniversary 10/26

We’re now at over 4,000 signups for the Stopwatching.us anti-NSA rally down in DC this Saturday!

We’re looking for people who are driving down to DC from New England and have space in their car for fellow protesters: please email me if that’s you!

flyer-social

We’ll deliver a petition with over half a million signatures to Congress, We’ll demand real NSA reforms and an end to mass surveillance programs that do an end-run around the Fourth Amendment. It’s time for the lies to end.

To sign the petition: https://optin.stopwatching.us/
To join the rally: https://rally.stopwatching.us

Details below the fold:

Read More →

Now We’re Talking: Rep. Rush Holt (D-PA) files “Surveillance State Repeal Act”

In response to a groundswell of public horror at the intrusiveness and enormous scale of the surveillance state, President Obama appointed a blue-ribbon panel to consider changes – not to the programs themselves, God forbid, because Terror, but changes to how much we know about how much the government is spying on us.

Once again, as is so often the case, “Yes Minister” tells us what’s going on:

Sir Humphrey Appleby: … I am fully seized of your aims and of course I will do my utmost to see that they are put into practice.
James Hacker: If you would.
Sir Humphrey Appleby: And to that end, I recommend that we set up an interdepartmental committee with fairly broad terms of reference so that at the end of the day we’ll be in the position to think through the various implications and arrive at a decision based on long-term considerations rather than rush prematurely into precipitate and possibly ill-conceived action which might well have unforeseen repercussions.
James Hacker: You mean no.

Fortunately, some members of Congress are wise enough to see through this charade. Among them is progressive Democrat and physicist Dr. Rush Holt (D-PA), who has filed the “Surveillance State Repeal Act“.

Unlike more mealy-mouthed efforts at “reform”, this one strikes at the guts of the problem: the PATRIOT Act and the FISA Amendments Act themselves. Simply put, without these Acts, the kind of mass surveillance conducted by the NSA would no longer have any figleaf of legality. The FISA Amendments Act’s main purpose was to legalize what the government had already been doing, and immunize from prosecution the companies who had colluded with the government’s illegal warrantless surveillance of Americans. Then-Senator Obama (this is always worth pointing out) voted for it. He has never sincerely opposed mass government surveillance, he doesn’t oppose it now, and he will do his best to secure an outcome where nothing about what the NSA is actually doing has to change. And I say this as someone who voted for him in 2012, based on our agreement on many non-surveillance-related issues.

So, please call your congressmember and ask them to cosponsor Rep. Holt’s excellent bill, which also provides better protections for government whistleblowers. And if you’re in DC toward the end of October, please sign up to come and protest for surveillance reform with the Stopwatching.us coalition.