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Apr 23rd, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Rachel Myers, ACLU at 11:00am

ACLU Scholarship Winner Takes On Texas Textbook Takeover

Yesterday, we posted about the Texas Textbook Takeover and what you can do to stop it. We hope you'll join us in taking action, and we wanted to tell you about a former ACLU scholarship winner who's also getting involved!

Matthew LaClair has been standing up for religious freedom since high school, when he fought back against the promotion of creationism and other religious beliefs in the classroom and helped form the Student Education Assembly on Religious Freedom. This Sunday, April 25 at 6:30 p.m. EDT on WBAI 99.5FM, Matthew will host a lively discussion with Dr. Don McLeroy, a member of the Texas State Board of Education, who is leading the board's movement to rewrite history. Tune in here, or if you miss the show, here.

Matthew is no stranger to textbook controversy. In 2008, while a high school student in Kearny, New Jersey, he challenged misleading information contained in his textbook on U.S. government and enlisted the Center for Inquiry to issue a report on the book's contents. As a result, some of the inaccuracies were corrected in the next edition of the book. Matthew wrote about his experience and why he decided to stand up for his rights here.

Matthew is currently the president of the Center for Inquiry's student program and a board member of the Secular Student Alliance, where he is dedicated to protecting religious freedom, the rights of theists and nontheists alike and freedom of speech. He also helps host a radio show called Equal Time for Freethought, where he engages individuals in rigorous conversation about important issues of the day. Regarding his upcoming discussion with Dr. McLeroy, Matthew says:

I am sure that we will disagree on most points. But I truly believe that there is a possibility for some agreement and common ground, which I hope will convince him and other board members in Texas to change their minds regarding some of the amendments they are expected to pass.

Given Matthew's advocacy and first hand experience, Sunday's show should be well worth the listen. Don't forget to tune in here.

Apr 22nd, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Larry Siems, The Torture Report at 1:38pm

More Torture Schemes

It’s becoming clearer by the week that the scheme described in Chapter 4 was not unique.

Last month a federal judge granted the habeas corpus petition of Uthman Abdul Rahim Mohammed Uthman (PDF), a young Yemeni detainee who was arrested in December 2001 and transferred to Guantánamo in January 2002. The U.S. alleged that Uthman, who was 20 at the time he was captured, was one of Osama bin Laden’s bodyguards. That allegation rested on the statements of two other Guantánamo detainees, Sharqwi Abdu Ali Al-Hajj and Sanad Yislam Ali Al Kazimi: Hajj told interrogators he’d met Uthman at a meeting bin Laden attended in Afghanistan shortly after 9/11, and Kazimi identified a photograph of Uthman for his interrogators and said “he heard” that Uthman had become a bodyguard for bin Laden.

As with Binyam Mohamed, it turns out these statements were gathered at Bagram air base after the two men had been tortured, first in foreign dungeons and then in the CIA’s “Dark Prison.”

And as in the case of Farhi Saeed Bin Mohammed — when Judge Gladys Kessler ruled that information Binyam Mohamed provided that incriminated Bin Mohammed was inadmissible because of his treatment in Pakistan, Morocco, and the Dark Prison — Judge Henry Kennedy, Jr. ruled last month in Uthman’s case that

The Court will not rely on the statements of Hajj or Kazimi because there is unrebutted evidence in the record that, at the time of the interrogations at which they made the statements, both men had recently been tortured.

As Judge Kennedy wrote:

Uthman has submitted to the Court a declaration of Kristin B. Wilhelm, an attorney who represents Hajj, summarizing Hajj’s description to her of his treatment while in custody. The declaration states that while held in Jordan, Hajj “was regularly beaten and threatened with electrocution and molestation,” and he eventually “manufactured facts” and confessed to his interrogators’ allegations “in order to make the torture stop.” After transfer to a secret CIA-run prison in Kabul, Afghanistan, Hajj was reportedly “kept in complete darkness and was subject to continuous loud music.”

Uthman also submitted a declaration of Martha Rayner, a Professor at Fordham University Law School who represents Kazimi, regarding Kazimi’s description of his treatment in detention. Rayner reports that while Kazimi was held in the United Arab Emirates, his interrogators beat him; held him naked and shackled in a dark, cold cell; dropped him into cold water while his hands and legs were bound; and sexually abused him. Kazimi told Rayner that eventually “[h]e made up his mind to say ‘Yes’ to anything the interrogators said to avoid further torture.” According to Rayner’s declaration, Kazimi was relocated to a prison run by the CIA where he was always in darkness and where he was hooded, given injections, beaten, hit with electric cables, suspended from above, made to be naked, and subjected to continuous loud music. Kazimi reported trying to kill himself on three occasions. He told Rayner that he realized “he could mitigate the torture by telling the interrogators what they wanted to hear.” Next, Kazimi was moved to a U.S. detention facility in Bagram, Afghanistan, where, he told Rayner, he was isolated, shackled, “psychologically tortured and traumatized by guards’ desecration of the Koran” and interrogated “day and night, and very frequently.” Kazimi told Rayner he “tried very hard” to tell the interrogators at Bagram the same information he had told his previous interrogators “so they would not hurt him.”

Once again, the position of the U.S. government — this time advanced by the Obama administration — was that because the Bagram “clean team” interrogations did not involve torture, statements the men made at Bagram should be admissible. Once again, a federal judge rejected this position, finding that the treatment the men had been subjected to in Jordan and another country undermined the reliability of their statements in Bagram.

I’ve spent the last few months trying to absorb the full implications of the “Ponzi scheme” we covered in Chapter 4. Now, with the Uthman habeas ruling, we’re left to consider what it means that this chapter was not an isolated horror, but rather one episode in a much larger story in which scores of characters — U.S. interrogators, rendition crews, U.S. and foreign government officials, foreign jailers and torturers, CIA jailers and torturers, FBI “clean teams,” U.S. military jailers at Bagram and Guantánamo, just for starters — played specific, well-defined roles again and again over the course of several years. We’re faced with the scope and utter deliberateness of the scheme.

To read more about and see documentary evidence of the Bush administration's torture program, go to thetorturereport.com.

Tags: The Torture Report

Apr 22nd, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Suzanne Ito, ACLU at 12:14pm

Fight the Texas Textbook Takeover!

Last week, we told you about the Texas State Board of Education's (SBOE) plan to amend the state's social studies curriculum so it comports with the personal ideological and religious beliefs of some members of the board.

Because Texas purchases tens of millions of textbooks every year, it has a huge influence on the content of textbooks used all over the country. In fact, between 45 and 47 states use textbooks based on Texas' curriculum. So these board members' ideologically narrow view of the world won't just harm Texas public school kids, it has the potential to harm kids nationwide.

Among the actions taken by the SBOE:

  • voted down an amendment that would have required students to examine why our Founding Fathers insisted on the separation of church and state,
  • downplayed the role slavery played as a contributing factor to the cause of the Civil War
  • emphasized the contributions of members of the Confederate States of America

A 30-day comment period is underway—and everyone in America is invited to give their input. First, take our quiz to learn how much you know about the Texas Textbook Takeover. Then click here to read more about the proposed changes, and send a comment to the SBOE to let them know what you think of this rewriting of history.

Apr 21st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Conley, ACLU of Northern California at 5:48pm

Is Facebook Having Another Privacy Disconnect?

The very first sentence on Facebook's privacy guide page states: "You should have control over what you share."

That seems fairly simple, doesn't it?

But many of Facebook's recent actions, such as its much-criticized "privacy transition," have made it harder for users to retain control over their information. Is this week more of the same?

Earlier this week, following up on its recent policy changes, Facebook announced its plans to create more dynamic profiles using "Connections." What exactly counts as a connection wasn't clearly defined either time, but seems to include things like friends lists, likes and interests, events, groups, and activities. (Today's announcement of the Social Graph API includes News Feed, Wall, Notes, Photos, and Videos as "connections" too, but Facebook may be overusing the word to mean different things.)

More importantly, it also isn't clear whether users will have real control over how their connections are shared. Both Facebook's Monday announcement and its recent policy changes have suggested that users cannot prevent applications, pages, and other third parties from accessing these connections. (They may be able to "hide" them from other Facebook users, but not from the government, advertisers, or anyone else with the ability and incentive to create apps or pages.) However, today's new documents for developers point to the Extended Permissions page that requires that applications and pages to explicitly ask the user before accessing various "connections," including interests, events, groups, and location.

If Facebook believes that you "should have control over what you share," it should resolve this by giving users real control over whether their connections can be accessed by apps and pages. Doing so still won't resolve other issues, like the "app gap" that allows your friends' applications to view your personal information without your knowledge or consent, but it would be one step in the right direction.

Otherwise, the only way you can keep control of your information is to refuse to use Facebook to share or connect at all. And that's not what we mean by control.

So don't let Facebook take away control over your personal information! Tell Facebook that you want to have control over your friends, groups, events, and interests so that you — and not Facebook, the government, or anyone else — choose how and when they are shared!

Demand control of your personal information — Demand Your dotRights!

Tags: ecpa, Facebook

Apr 21st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Catherine Crump, First Amendment Working Group at 5:29pm

North Carolina Wants to Know What You Bought from Amazon

On Monday, Amazon.com sued the State of North Carolina after the state issued a summons that would, according to Amazon, require it to identify what books, CDs and DVDs its customers in North Carolina had purchased. The North Carolina Department of Revenue had requested this information to ensure that Amazon is in full compliance with the state's sales and use tax laws

We were alarmed at this news, because what people choose to read is deeply personal, and reader privacy is strongly protected by the First Amendment.

After the ACLU of North Carolina sent the state Department of Revenue a letter warning that it would be unconstitutional for the state to gain overbroad access to customer records, the state responded to Amazon's lawsuit, denying that it wanted to know the specific titles and subject matters of books. We are relieved that the state appears to recognize the inappropriate, intrusive and constitutionally suspect nature of such a demand.

While the facts of this particular case remain murky, it is crystal clear that the government is interested in what you're reading. This is not the first time Amazon.com has received and fought such requests. In 2006, Amazon received a subpoena (PDF) for the book purchase records of 24,000 people — a subpoena a court described as seriously troubling because, if it became widely known that the government sought book purchase records, "the chilling effect would frost keyboards across America."

Our right to read what we choose, free from government intrusion, is too valuable to give up when the government doesn't have a warrant based on probable cause. Reading in private allows people to explore ideas, even those that may be unpopular, and this kind of freedom is both intrinsically valuable and essential to our democracy, which after all is premised on the idea that untrammeled debate and intellectual exploration leads to good government. That is why the ACLU is calling on Congress to pass legislation that would make it clear that the government needs a warrant with notice for all sensitive electronic information, including book records. We hope you will join our efforts.

Apr 21st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Suzanne Ito, ACLU at 5:10pm

Watch It: Tariq Ramadan Panel, and Next Week's PEN Event

For those of you who were unable to join us in person on April 8 for the panel discussion with Tariq Ramadan, Dalia Mogahed, George Packer, Jacob Weisberg and Joan Wallach Scott, you can watch it on C-SPAN's Book TV (click on "Watch This Program" on the right side of the page).

And if you did join us, and enjoyed that event, we're cohosting another event with PEN American Center next week. Called "Face to Face: Confronting the Torturers," the evening of readings will feature Aasif Mandvi of The Daily Show, and renowned writers and artists reading from writings that literally and figuratively confront torture. It's next Thursday, April 29 at 9:30 at Joe's Pub (425 Lafayette St.). Tickets are $15/$10 for ACLU/PEN members and students with a valid ID.

We hope you'll join us!

Apr 21st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Suzanne Ito, ACLU at 3:42pm

Glee Addresses Equal Pay Day

Yesterday was Equal Pay Day. Equal Pay Day marks how far women, on average, have to work into 2010 to be paid the same as men were paid in 2009. And last night's episode of Glee addressed this issue! In one scene, the girls in the glee club are talking about the many ways men and women are treated unequally. Quinn tells the other girls in the club: "The fact is that women still earn 70 cents to every dollar that a man does for doing the same job. That attitude starts in high school."

We're thrilled Glee chose to address this crucial issue. The Paycheck Fairness Act, which addresses many of the loopholes left in the 1963 Equal Pay Act, now has 37 cosponsors in the Senate. If your senator isn't a cosponsor (check here) please contact them now. Momentum is behind us — let's ride it all the way to passage of this crucial legislation!

Apr 21st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Suzanne Ito, ACLU at 2:39pm

"America's Tiniest Terrorist"?

Sometimes, it feels like we at the ACLU are fighting an uphill battle when we try to draw attention to just how bloated and ineffective the Transportation Security Administration's (TSA) airline watchlist is. We've pointed out that dead people, heads of state, U.S. senators, and little kids are on the list.

Well, add 6-year-old Allison Mosher to that unfortunate group.

The Boston Herald reports that when Allison's father Peter tried to print out boarding passes for their family's vacation to the Grand Canyon, he was unable to print out Allison's. When he called the airline, the employee told him that Allison "had been flagged by TSA security," and that she's on the no-fly list.

Peter Mosher has reached out to Sen. Scott Brown's office for assistance in getting Allison off the watchlist to prevent future impediments to Allison's travel. But we think Peter's final comment to the Herald pretty much sums up what we've been arguing all along:

“It’s not just an inconvenience,” he said. “It makes us less safe because they’re spending time investigating a 6-year-old, instead of actually going after real terrorists.”

It’s worth noting that it can take an act of Congress to be removed from the watchlist. That’s the only way Nelson Mandela was able to get off. But for little Allison Mosher, that's not a likely option.

Apr 21st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Will Matthews, ACLU at 12:40pm

Improvements to Sheriff Joe's Maricopa County Jail Long Overdue

Sheriff Joe is still on the clock

In October 2008, a federal judge in Arizona ordered Maricopa County's infamous Sheriff Joe Arpaio to make dramatic improvements to the conditions inside the Maricopa County Jail — one of the country's largest jail systems — after ruling in an ACLU lawsuit that jail officials were violating the Constitution by failing to provide detainees adequate medical and mental health care, healthy food and sanitary housing.

A year and a half later, Arpaio and his county colleagues have seemingly done little but flout U.S. District Court Judge Neil Wake's order. And Wake, it seems, is none too thrilled about it.

Apparently prompted by a pair of damning reports by court-appointed medical and mental health experts who toured the jail in January, Wake issued a somewhat unusual order this month, criticizing Arpaio and other county officials for largely failing to make substantive improvements to the jail that would align it with constitutional standards. Wake wrote: "Improvements appearing to be most critically needed…appear to have been disregarded or postponed to avoid expense." He also issued a reminder that the cost of needless, protracted litigation ultimately falls on Maricopa County taxpayers and that, as a result, it would behoove everyone for the jail to get fixed up — pronto.

Wake, surely aware of Arpaio's general recalcitrance at being held accountable to any authority — be it the federal judiciary or the constituents who elected him — isn't holding his breath. He's ordered the county to come up with an acceptable plan and timeline for making improvements to the jail and to present it during a court hearing in July.

Meanwhile, the clock continues to tick.

Apr 20th, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Conley, ACLU of Northern California at 4:55pm

Google's New Transparency Tool: A Window Into Government Surveillance

We've known for a long time that electronic privacy law is woefully outdated. But what we haven't known is how often the government is taking advantage of this fact to engage in a shopping spree in the treasure trove of personal information being collected by companies like Google.

So we're happy to see Google's just-released Government Requests tool, which is the company's attempt to shine some light on how often governments around the world request user information (and content removal) from Google. The ACLU has called for this type of disclosure for years and we applaud Google for taking this important first step to help Congress and the American people understand what's really going on and why it's time to demand a privacy upgrade that includes more transparency around when and how the government demands information from Google.

Google's Government Request Transparency Tool: What It Says — And What It Doesn't

Google's new tool displays the number of "user requests" that Google received from various governments from July to December 2009. According to the tool, the company received thousands of such requests from the U.S. government during that period — thousands of requests digging into the intimate details of individual lives that are captured in emails, search histories, reading and viewing logs, and the like. And if Google is receiving thousands of requests every six months, how many more are going out to Yahoo, Microsoft, Facebook and the thousands of other online services that we use every day?

But that number may understate the actual case for three reasons. First, Google's tool only tracks requests that are received as part of an official criminal investigation — which would exclude, for example, the infamous DOJ subpoena asking for millions of users' search queries, something that was not part of an official criminal investigation. Second, Google's tool only counts the number of requests it receives, not the number of user records that were requested. So that single DOJ subpoena seeking millions of records would only counts as a single request! Finally, Google is barred by law from disclosing the number of requests it receives pursuant to National Security Letters, although we know that upwards of 50,000 of these secret government requests are issued every year. All told, the requests that show up in Google's tool are just the tip of the iceberg.

So this is a great first step in increasing transparency — but it is only a first step. We hope that Google will continue to improve this tool to shine more light on how many non-criminal requests for user records it receives, break those down by type, provide more information on how many users were or would have been affected by those requests, and explore ways to disclose how it has responded to those requests (which is admittedly difficult to do).

Demand Your dotRights — Demand Transparency As Part of Electronic Privacy Reform!

The ACLU believes that transparency is an essential part of electronic privacy reform. As technology continues to evolve, our best hope of keeping privacy up to date is to ensure that we know how the government is using (or abusing) the current law to demand access to our personal information. That's why we think a "Wiretap Report for the Internet" is a key element to modernizing the Electronic Communications Privacy Act (PDF).

But we need your help to get Congress moving and get the privacy update we need. Please support our efforts to ensure that privacy isn't left behind as we move into the modern world by asking Congress to update ECPA!

Tags: ecpa, Google

 

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