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Letter to Senator Reid re: S. 2248 PDF Print E-mail
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Letters to Government Agencies Signed by TMA
Written by Coalition   
Tuesday, 22 January 2008

January 22, 2008

Dear Senator Reid,

We, the undersigned organizations who care deeply about both individual rights and effective intelligence-gathering, strongly urge you to bring only the Judiciary Committee’s version of S. 2248, the FISA Amendments Act of 2007, to the floor if you choose to bring up wiretapping legislation. We vigorously oppose the Intelligence Committee version for both authorizing warrantless, mass collection of Americans’ international communications and granting complete retroactive immunity for the telecommunications industry, among other severe flaws.

We ask that you use your position as Majority Leader – with sole responsibility for determining what legislation comes to the Senate floor – to bring only the clearly superior bill up for debate and support additional improvements that are greatly needed to protect Americans’ basic rights. The Judiciary Committee bill is superior to the Intelligence Committee bill for the following reasons:

Bulk Collection: Most importantly, the Judiciary version prevents the government from engaging in mass, untargeted collection of all communications coming into or going out of the United States. The Judiciary Committee fixed an important loophole in the Intelligence Committee approach that would allow bulk collection, which will inevitably sweep in vast numbers of purely innocent communications for government analysis and use.

 

Significant Purpose Test: Surveillance tactics in the U.S. that allow the government to obtain the contents of phone and email communications of people in this country without a court order are unconstitutional and un-American. Unlike the Intelligence bill, the Judiciary version makes clear that once a significant purpose of the government’s surveillance is to acquire the communications of a particular person here, it must go to the Foreign Intelligence Surveillance Court for a court order based on probable cause.

 

Meaningful Exclusivity: The Judiciary iteration of S. 2248 states in no uncertain terms that FISA is the exclusive means for foreign intelligence wiretapping on American soil, and clarifies that vague assertions of Article II presidential authority do not eviscerate the entire statute. The Intelligence Committee version also creates an unacceptable loophole to FISA’s protections against warrantless electronic surveillance by removing some wiretapping from the purview of the statute by changing FISA’s definition of "electronic surveillance."

 

Immunity: Unlike the Intelligence Committee bill, the Judiciary version does not grant blanket immunity to the telecommunication companies that facilitated the President’s warrantless wiretapping program. It defers that major policy decision that affects the individual statutory and constitutional rights of Americans. There is no need to immunize past misconduct to obtain future compliance.

 

Oversight: As provided in the Judiciary version of S. 2248, any new electronic surveillance permitted by the legislation should be temporary, subject to a two-year sunset, and include vigorous reporting requirements and an audit of warrantless surveillance going back to 2001.

Sincerely,

American Civil Liberties Union

People For the American Way

American Humanist Association

PEN American Center

American Library Association

Arab American Institute

Asian American Justice Center

Association of Research Libraries

Bill of Rights Defense Committee

Bob Barr

Council on American-Islamic Relations

Common Cause

Defending Dissent Foundation

Democracy for America

Electronic Frontier Foundation

No2Torture

Equal Justice Society

Federation of American Scientists

Friends Committee on National Legislation

Global Rights

Hate Free Zone

Hip Hop Caucus

Japanese American Citizens League

Grassroots America

Liberty Coalition

Moveon.org

Muslim Public Affairs Council

National Association of Criminal Defense Lawyers

OMB Watch

PrivacyActivism

Progressive Democrats of America

TeleSpan Publishing Corporation

U.S. Bill of Rights Foundation

United for Peace and Justice

World Peace Mission

Justice Through Music

Velvet Revolution

Doctors for Open Government (DFOG)

The Multiracial Activist

Backbone Campaign

September Eleventh Families for Peaceful Tomorrows

Citizens Outreach Project

National Immigrant Solidarity Network

CODEPINK: Women for Peace

National Lawyers Guild--National Office

Bruce Schneier

Pain Relief Network

OpenTheGovernment.org

American Association of Law Libraries (AALL)

Concerned Foreign Service Officers

American Conservative Defense Alliance

Republican Liberty Caucus

American Booksellers Foundation for Free Expression (ABFFE)

Sikh American Legal Defense and Education Fund (SALDEF)

Regional Organizations

Central Florida Jobs Committee (Saint Petersburg, Florida)

PeaceAction Montgomery (MD)

Progressive Democrats of America--Ohio

Rural Organizing Project

The Teaneck Peace and Justice Coalition (NJ)

The Wisconsin Network for Peace and Justice

Topanga Peace Alliance (CA)

Tri-Valley CAREs (CA)

Whatcom Peace and Justice (Bellingham, WA)

The Greenwich Village Coalition for Peaceful Priorities (NY)

CODEPINK Tallahassee (FL)

Connie Hogarth Center for Social Action

AWARE, the Anti-War-Anti-Racism Effort of Urbana, Illinois

Somerville/Medford United for Justice with Peace

Peace Coalition of Southern Illinois/Fellowship of Reconciliation

Nashoba Valley Peace & Justice

Cambridge United for Justice with Peace

Iowa Peace Network

Susan Oehler for the Western NC Peace Coalition

Fairfax County Privacy Council (VA)

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Letter to Senator Reid re: Telecom Immunity PDF Print E-mail
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Letters to Government Agencies Signed by TMA
Written by Coalition   
Tuesday, 22 January 2008

January 22, 2008

The Honorable Senator Harry Reid
Senate Majority Leader
Washington, DC 20515

Re: Consumer rights and government accountability organizations unite to
condemn immunity for the telecommunications industry

Dear Majority Leader Reid,

On behalf of consumer-rights groups and government accountability organizations, we urge you not to let telecommunications companies off the hook; the telecommunications companies were complicit in spying on innocent Americans in the years after September 11, and perhaps even earlier. We understand that you will be revisiting wiretapping legislation in January and respectfully request that the bill you bring to the floor not include a statutory grant of retroactive immunity for these acts that violate customers’ privacy.

We now know that communication service providers turned over our private calls, emails and records to the government in the absence of a court order or other lawful requirement to do so. This violates both criminal and civil laws. Currently, citizens and consumers are trying to advance their rights in court, some seeking damages, and some seeking a simple declaration that the activity was illegal and a court order stopping it from happening in the future.

Killing all the pending cases will have two effects. First, it deprives consumers the opportunity to assert their own privacy rights before a neutral arbiter, which had been statutorily guaranteed since 1978. The Foreign Intelligence Surveillance Act provides a civil cause of actions so that Americans can enforce their rights when the communications companies and the government infringe on them. Robbing them of this opportunity through legislation not only frustrates the pending cases, but undercuts the accountability structure in the statute, which will only encourage law breaking in the future.

Second, it serves to bury government misconduct. Granting retroactive immunity shields not only the telecommunications industry, but the government actors that induced them to break the law in the first place. Despite numerous subpoenas, Congress has been completely frustrated in its attempts to discover what the Administration has done with our private information. These cases may be the last chance for citizens to actually determine who ordered the interception of their phone calls and how those intercepted communications have been used against them.

The only way to restore the trust of American customers – and American citizens – is to hold the telecommunication companies accountable when they collude with the government to spy on ordinary Americans. If we do not hold the phone companies and the government accountable now, there will never be an incentive for them to act within the law, and the concerns of customers and citizens will go unanswered.

Sincerely,

Consumers Union
Common Cause
Citizens Outreach Project
Citizens for Responsibility and Ethics in Washington
Doctors for Open Government
Government Accountability Project
Public Interest Research Groups
American Civil Liberties Union
The Multiracial Activist

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Muncie, Indiana Man Indicted for Burning a Cross PDF Print E-mail
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Press Releases Sent By Government Entities
Written by Department of Justice   
Friday, 30 November 2007

Muncie, Indiana Man Indicted for Burning a Cross

WASHINGTON, Nov. 29 /PRNewswire-USNewswire/ -- Acting Assistant Attorney General for the Civil Rights Division Rena J. Comisac and Acting U.S. Attorney for the Southern District of Indiana Timothy Morrison announced today that Kyle Milbourn of Muncie, Ind., was indicted by a federal grand jury for a hate crime stemming from a cross-burning last year that was directed at a woman and her three biracial children.

Milbourn was charged with one count of interfering with the housing rights of another person; one count of conspiring to interfere with civil rights; one count of using fire during the commission of a felony; and one count of witness tampering. If convicted, Milbourn faces a maximum punishment of 40 years of imprisonment and a $1,000,000 fine.

According to the indictment, on or about March 6, 2006, Milbourn and another individual built an eight-foot wooden cross, erected it in front of the victims' home, doused it with gasoline, and set it on fire. Milbourn did this with the intent to interfere with the victims' rights under the Fair Housing Act.

Federal Bureau of Investigation Special Agent Charlie Rownd investigated this case. The case will be prosecuted by Assistant U.S. Attorney Christina McKee from the U.S. Attorney's Office and Trial Attorney Betsy Biffl from the Civil Rights Division.

The charges set forth in an indictment are merely accusations and the defendant is presumed innocent until proven guilty.

 

First Call Analyst:

FCMN Contact:

Source: U.S. Department of Justice

 

CONTACT: U.S. Department of Justice Office of Public Affairs,

+1-202-514-2007, or TDD +1-202-514-1888


Web Site: http://www.usdoj.gov/

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Last Updated ( Monday, 03 December 2007 )
 
In DNA Era, New Worries About Prejudice PDF Print E-mail
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A.D. Powell's View
Written by A.D. Powell   
Monday, 12 November 2007

Amy Harmon, writing for The New York Times, on  In DNA Era, New Worries About Prejudice :

At the same time, genetic information is slipping out of the laboratory and into everyday life, carrying with it the inescapable message that people of different races have different DNA. Ancestry tests tell customers what percentage of their genes are from Asia, Europe, Africa and the Americas. The heart-disease drug BiDil is marketed exclusively to African-Americans, who seem genetically predisposed to respond to it. Jews are offered prenatal tests for genetic disorders rarely found in other ethnic groups.

Such developments are providing some of the first tangible benefits of the genetic revolution. Yet some social critics fear they may also be giving long-discredited racial prejudices a new potency. The notion that race is more than skin deep, they fear, could undermine principles of equal treatment and opportunity that have relied on the presumption that we are all fundamentally equal.

“We are living through an era of the ascendance of biology, and we have to be very careful,” said Henry Louis Gates Jr., director of the W. E. B. Du Bois Institute for African and African American Research at Harvard University. “We will all be walking a fine line between using biology and allowing it to be abused.”

It's amazing that this article quotes Henry Louis Gates, Jr.  He is one of the foremost "one drop" advocates, proclaiming to the world that Anatole Broyard (among thousands of others) was a biological "black" who was merely "passing as white."  He has done more than anyone to promote a hypodescent ideology based on the idea that "black" genes are super-inferior and dominant.  Of course, Gates claims that he doesn't believe that, but would you find a Jew stupid enough to demand that the Aryan/non-Aryan racial classification system of the Nazis be retained and enforced?

Of course, the liberal advocacy of supposed white racial purity and "tainted black blood" has been going on a long time.  No doubt the white student who believes that her nine percent of "black" DNA makes her genetically destined to celebrate the phony Kwanzaa holiday (created by a criminal and spread by white corporate America, not African Americans) has watched racist films like "Pinky," "Imitation of Life" and "The Human Stain."

Oh, since the average Hispanic probably has a lot more than a mere nine percent of African DNA, why are they seemingly invulnerable to the "one drop" myth while Anglos and Creoles are not?
 
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