Here’s an overview of some of the major legislation being considered about the NSA and the FISA Amendments Act right now, based on documents by ACLU, BORDC, CDT, and EFF among others.
Stop Watching Us: A Rally Against Mass Surveillance — Sat Oct 26
September 27, 2013Hope this is already on everyone’s radar screen!
What’s up with that, anyway?
August 3, 2013This month has been a busy one from a government-surveillance perspective.
From the NSA spying on U.S. citizens, allied governments, as well as the usual “suspects”—foreign nationals unprotected by the United States constitution (What’s up with that, anyway? Don’t we expect our government to behave respectfully toward all—as long as there is no cause for suspicion? Guess not),
to Edward Snowden taking temporary asylum in Russia (What’s up with that, anyway? Isn’t the United States the country that respects human rights, freedom of the press; the place where political dissidents go to avoid persecution? Guess not),
to the end of Bradley Manning’s trial (What’s up with that, anyway? Aren’t judges supposed to protect from 11th—no, 13th-hour change in charges? Guess not),
We are finding that our country is no longer what those of us of a certain age remember. Some of us are wondering how long we have been sold a bill of goods, even rethinking Watergate—yes, that president resigned in disgrace, despite his allegation that “if the president does it, it’s legal” (which a generation rose up to decry). Yes, we put in an entire system of laws, including the FISA court, to prevent such actions from recurring. But no, it seems that, rather than being an isolated incident by a rogue president, it was instead—as we might have learned from the Pentagon Papers, which Daniel Ellsberg courageously released to the public through The Washington Post and The New York Times (the Internet not yet being even a glimmer in some DARPA scientist’s eye), as Bradley Manning released information via WikiLeaks on the ’Net.
And yesterday, the announcement of closing embassies on Sunday (not sure what to think of that) and a global travel alert asking U. S. citizens to register with our consulates overseas. Would that make you feel safer?
We should have known.
Actually, we did know—this group formed in July 2008, in reaction to then-Senator Obama’s vote on the FISA Amendments Act—a vote to, among other things, give retroactive immunity to telecommunications companies for warrantless wiretaps. Little did we know about PRISM, or Bountiful Informant—which were probably not in full flower then, maybe did not exist—but the seeds were there.
Very few of us would change the results of the 2008 presidential election—even those of the 2012 election, as a third-party presidential candidate is virtually unelectable in this country. However, by November 2011 tour mission statement proclaimed us no longer “proud Obama supporters”, but “informally affiliated individuals who supported President Obama during his candidacy in large part because of his call for hope and a new kind of politics.”. At least some of us voted third parties in 2012, or sat out the presidential vote. Here, we have continued to rail against the policies that have been created or followed since 2008 (as have others, elsewhere, of course). In the first Obama election, we were among the majority who elected a candidate whom we believed would diminish the power of the imperial executive branch, not to expand those powers (a candidate, I remind you, who ran on a platform of transparency).
Not completely naïve, we did note in 2009 how difficult that would be for even the best candidate, once in office (read back through our posts from that time), but we certainly did not expect expansion of powers, nor the secretive surveillance state that seems to be in place today.
Yesterday afternoon, I got from RootsAction an E-mail that included Norman Solomon’s USA Today column; here, a quotation from that:
Consent of the governed is meaningful only to the extent that it is informed consent. Bradley Manning let Americans, and many others around the world, know what their governments were really doing. The disclosures caused problems for leaders in many nations who much preferred to operate behind an opaque curtain. . . .
It’s easy to insist that Bradley Manning must face the consequences of his actions. But we badly need whistle-blowers like Manning because U.S. government leaders do not face the consequences of their actions, including perpetual warfare abroad and assaults on civil liberties at home.
No government should have the power to keep waging war while using secrecy to cloak policies that cannot stand the light of day. Thank goodness for the courage of Bradley Manning.
It seems as though our government wants everyone’s information—unreasonable search and seizure be damned—but wants to share none. Unacceptable, I say—and encourage everyone to find a local Restore the Fourth event tomorrow and join the patriotic resistance.
Coalition holds Van Hollen accountable for NSA vote at OFA climate change town hall
August 3, 2013Bird-dogging a Congressman who voted the wrong way on Amash-Conyers.
Coalition to Van Hollen, Delaney: “Profound disappointment” with NSA vote
August 3, 2013Major coalition pushback in a county with 2 Democratic Representatives who voted “Nay” on the Amash-Conyers bill. Try it where you live — you might get some good results!
Resistance to NSA Surveillance: Activism, Legal, Legislative, Oversight Roundup
July 11, 2013There’s a lot going on! Here’s a roundup of what’s happening in the US on various fronts ….
Activism
Restore the Fourth has a congressional call-in day on Friday, leveraging StopWatching.us’s 1-323-STOP-NSA number. Restore the Phones: Tell Congress this Isn’t Over has the details, including a link to a basic script. Restore the Fourth is also planning another round of protests on August 4, and a campaign focused on town hall meetings during Congress’ summer recess. There are lots of other exciting ideas bubbling up in the discussions and in local organizing meetings. Get involved!
Legal
The EFF got a big win when federal judge today rejected the U.S. government’s latest attempt to dismiss Jewel vs. NSA, rejecting the government’s claim that the the state secrets privilege means the case can’t even be heard. Of course, this is just one small step in a very long road (the EFF filed Jewel five years ago, and this victory builds on the earlier Hepting case which was dismissed after Congress gave the telco’s retroactive immunity in 2008), but it’s a great ruling. Philip Bump in Atlantic Wire has more.
EPIC filed a writ of mandamus directly with the Supreme Court. Lyle Dennison on SCOTUSblog has a good discussion of how unusual this is and disection of EPIC’s brief. James Risen in the New York Times and David Kravetz in Wired have more, including the context of other lawsuits by ACLU and Judicial Watch.- A coalition of privacy organizations filed an amicus brief backing Google and Microsoft’s requests to reveal aggregate data about the federal government’s access to user information. Yahoo is also fighting for transparency, petitioning the FISA Court to declassify documents from the 2008 decision which show that Yahoo “objected strenuously” to providing the government with customer data.
- Secret Court’s Redefinition of ‘Relevant’ Empowered Vast NSA Data-Gathering, by Jennifer Valentino-DeVries and Siobhan Gorman in Wall Street Journal, and Eric Lichtblau’s In Secret, Court Vastly Broadens Powers of N.S.A in the New York Times, both based on discussions with “current and former officials”, go into a lot of detail about the underlying legal approaches that have been used to justify the mass surveillance. Marcy Wheeler has some additional analysis on Emptywheel, as does Orin Kerr on the Volokh Conspiracy
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Hundreds join DC rally to #RestoreThe4th on July 4th (videos, photos)
July 6, 2013A writeup of the DC rally, with a YouTube playlist of the speakers, some rallygoer reactions, photos, and more.
Restore the Fourth: Grassroots civil liberties activism is back and better than ever!
July 4, 2013
Restore the Fourth rally on the Federal Building, NY

It’s the Fourth of July, and we’re fighting for our civil liberties.
— me, in 2008, to the Senator Obama – Please, No Telecom Immunity and Get FISA Right mailing list
Five years later, grassroots civil liberties activism on social networks is back and better then ever. Back in 2008, we were organizing online, trying to stop the disastrous FISA Amendment Act, and Barack Obama had just responded to our open letter. We lost that battle, but the fight goes on … and today it went to the next level at Restore the Fourth‘s rallies across the country:

New York
- In New York, 500+ people filled four blocks.
- DC featured an all-star cast of speakers, 400+ people, and 20 news organizations.
- In SF, the 300+ people wound up the rally at 611 Folsom, the home of the famed room 641A.
- The Salt Lake City rally ended with a march on the NSA’s Utah data center.
- People turned out in Raleigh, Charlotte, Portsmouth, Louisville, Rochester, Boston (tweeted by the state police), the Alamo (!), Kansas City, Cedar Rapids, Philadelphia, Denver, Wichita, Birmingham (with a ton of local press) Syracuse, LA, Dallas, Atlanta, Tulsa, Gainesville, Harrisburg, Carson City, Reno, Chicago, Portland, Austin, Midland, San Diego, Saint Louis, Indianapolis, Fort Lauderdale, Tampa, Sacramento, Minneapolis, Buffalo, Iowa City, Asbury Park, Houston, Hartford, Chattanooga, Huntington Beach, Savannah, Tempe, Pittsburgh, Las Vegas, Cleveland, Seattle, Redmond, Lansing, Bozeman, Missoula, Olympia, …
- Coverage on NBC, Fox News, The Atlantic, Reuters, CNN, CNET, Mashable, CBC, the Christian Science Monitor, the Times of India, Buzzfeed (with the “40 best signs“) and dozens of local TV stations and papers. Update, July 5: more from the Washington Post, the Guardian, ThinkProgress, VentureBeat, Firedoglake, Newsmax, Hullabaloo, All Things D, Nextgov, an AP video, RT, the Daily Caller, the Sydney Morning Herald, US News and World Report, and Vice.
How cool is that?
Restore the Fourth: Pics from Rallies around the Country
July 4, 2013
New York
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Posted by Thomas Nephew 