Save Internet Privacy: Day of Action May 26th

May 23, 2020

I am posting here, almost in its entirety, a Rapid Response e-mail that I got today from Fight for the Future.  (well, not quite—we don’t fund-raise, certainly not for ourselves [we are barely here, anymore!] and not since we supported Russ Feingold in his last run for the Senate [We miss you, Russ!], so donation buttons have been removed, but not the “pitch”, as we really like Fight for the Future, and would seriously not object to any donations to them)

The quick version is this: Check out the Fight for the Future day of action next Tuesday, May 26th, 2020, here: SaveInternetPrivacy.org.

For background and details, read on:

The Senate just voted to reauthorize the USA Patriot Act and FISA surveillance authorities. That’s terrible.1

But here’s the deal: we just got handed a once in a lifetime opportunity to finally stop one of the worst types of government spying, by passing an amendment that would require a warrant for accessing Internet activity like web browsing and search history.

But it will only happen if we can mobilize a massive rapid response to force House leadership to act. And we’re expecting a vote early next week, which means they’re deciding right now.

We’re pulling together an EMERGENCY day of action this Tuesday.

Congress makes everything more complicated than it needs to be, but here’s the basics of what’s going on:

The Senate voted to pass the USA Freedom Reauthorization Act, which reauthorizes the Patriot Act and some FISA surveillance powers. That’s bad.

But, they also voted to pass a good amendment from Senators Lee and Leahy that will create some new protections to prevent surveillance based on solely on constitutionally protected political activity or religion. That’s good.

They failed to pass a bipartisan amendment offered by Senators Wyden and Daines that would require the FBI to get a warrant before spying on Internet activity. It lost by only one vote, but that’s only because there were several senators not present when the vote happened. That’s heartbreaking.

But here’s the good news: the bill as amended now goes back to the House. And now that we know we have the votes to pass the good amendment in the Senate, there’s absolutely no excuse for Speaker Pelosi to not allow a vote on it in the House. If she does, it will pass, and then it will pass the Senate.

And that would be a HUGE DEAL. Our position is that the Patriot Act should be repealed in its entirety, but getting this amendment passed would be the one of the most meaningful limitations placed on government surveillance in the last two decades.

Will you help us fight against the Patriot Act and stop the government from creeping on everything we do online? Please rush a donation right now.

We’ve heard from our allies in DC that House leadership is trying to find ways to sneak through a vote to reauthorize the Patriot Act WITHOUT allowing a vote on the good amendment that would require a warrant for Internet spying. But they’re scared they won’t have the votes.

If we can flood them with phone calls and emails and tweets right now and show them there will be massive backlash unless they allow a vote on the Wyden/Daines amendment, they’ll cave, and it will be a huge victory in the fight for Internet privacy and basic rights.

We’ve set up an email and call-in tool at SaveInternetPrivacy.org, and we’re helping build a big coalition of organizations from across the political spectrum to drive phone calls. Websites like Tumblr and Reddit are helping spread the word.

But it costs us money to connect the phone calls, send mass texts to supporters to generate actions, and mobilize our network of websites and advocacy groups. And no one was expecting this opportunity to arise. So we urgently need to raise the funds to cover these costs.

We know many people are struggling and not everyone can donate right now. But if you’re in a position to help, please chip in now so we can seize this chance to finally stop one of the worst types of Patriot Act surveillance.

For freedom,

Evan at Fight for the Future

Footnote:
1. The Verge: https://www.theverge.com/2020/5/14/21257782/surveillance-bill-congress-senate-pass-usa-freedom-reauthorization-act

and if you have made it this far, take a look at this article that I just found on the Fight for the Future site: https://www.fightforthefuture.org/news/2020-05-23-facebook-told-my-followers-i-was-spreading-misinformation-about-government-surveillance-i-wasnt-63622dd7ae56/


With the USA Freedom Act sunsetting in December – and FISA abuses in the news – it might get very interesting

November 7, 2019

When the Patriot Act was passed in 2001, and again when the FISA Amendment Act was passed in 2008, several key surveillance powers were supposed to “sunset” in a few years unless Congress voted to reauthorize them.   Which Congress has, repeatedly, usually without even introducing significant reforms.

Now it’s the USA Freedom Act’s turn to sunset, on December 15 unless it’s renewed.

As is usually the case in these sunset battles, the administration has proposed making all the authorities permanent; civil liberties advocates have proposed significant reforms; and the likely outcome is somewhere in between.  Of course, the impeachment hearings make it hard to predict what’s going to happen — how much energy does anybody have to spend on this?  But as I wrote back in 2017

Urgency increases as we get closer to the sunset mechanism’s looming deadline  — which in turn often leads to short-term extensions. It’s like watching sausage getting made, although with a lot more scary headlines and phone calls to Congress.

So buckle up!   The bulk of this post goes into more detail about the situation, but first a few things you can do right now:

As things heat up there will no doubt be plenty of opportunities for grassroots activism.  So, stay tuned!   You can follow Get FISA Right on Twitter and Facebook, and of course there are plenty of other great organizations working on this issue.

Read the rest of this entry »


Sunset Section 215

September 26, 2019

We have another chance to end this intrusive surveillance!

I got an e-mail from FreePress.net’ action team, calling on supporters to contact our Congressional representatives in yet another attempt to shut down the so-called PATRIOT Act’s Section 215 surveillance authorization.  Here is what they have to say about this bill, passed in panic after Sept. 11, 2001.

Since 2001, a critical section of the Patriot Act has allowed the government to collect an astonishing amount of sensitive data about the daily lives of people who live in the United States. And now Congress is debating whether to reauthorize Section 215 and cement the Trump administration’s ability to spy on people without a warrant.

We can’t let this happen. Tell your member of Congress to shut down Section 215 of the Patriot Act.

As Edward Snowden revealed, Section 215 allows the government to collect incredibly sensitive information like our phone calls, location data, medical records and financial transactions. Everyone’s personal data can get swept up in Section 215. But we’re not all being surveilled equally.

Mass surveillance is racist in its impact. Instead of targeting the increasing threat of violent white supremacy, the NSA and other federal agencies likely use Section 215 to collect bulk data on Muslim communities, Black political activists and immigrants of color — all without needing to use a warrant or show probable cause.

And right now Congress might buckle to Trump’s demand to make this invasive surveillance authority permanent.

NOTE: this is worse than ever; past reauthorizations were time-limited, which is why we have another chance to sunset this. The current occupant of the people’s White House wants to further his racist agenda by making this extreme government surveillance permanent.

More from FreePressAction:

Leaks in the last month have revealed that the FBI lied about the extent of its tracking of Black activists and was covering up a program called IRON FIST that it created to target and infiltrate racial-justice groups.1 And more recently, news broke that the FBI is treating groups that are protesting the administration’s abhorrent immigration policies at the U.S. border as “extremist organizations.”2 Congress shouldn’t reauthorize these vast spying powers while the FBI is surveilling activists and trying to disrupt the fight for racial justice.

These developments are alarming: We can’t allow government agencies to use sweeping surveillance authorities to go after anyone who opposes the Trump administration’s inhumane policies.

Tell your member of Congress to shut down Section 215 of the Patriot Act for good.

One of GetFISARight’s last conference calls was watching Congress reauthorize Section 215 back in, I believe, 2013 or 2015. Let’s do better this time!


Ten Years Later: Get FISA Right and the Future of Civil Liberties Activism

July 4, 2018

logo

We advocate rejecting the politics of fear, revisit the flawed FISA Amendments law and Patriot Act, and safeguarding the people’s rights under the Fourth Amendment to the U.S. Constitution.

Get FISA Right

 

Please, Senator Obama, Say NO to Telecom Immunity and Get FISA Right launched on June 26, 2008, with posts by Mardi on my.barackobama.com and Mike Stark on Open Left.  The media hook of Obama supporters using his own social network to pressure him with an open letter got a lot of coverage, and by July 2, we were the biggest group on MyBO.   On July 3, Obama responded to our open letter on MyBO  – an event that’s often seen as a watershed for social network activism in the US.*

Alas, it wasn’t enough.  Obama declined to support the filibuster by Senators Feingold and Dodd.   On July 9 2008 Congress passed the FISA Amendments Act – giving the government virtually unrestricted access to collect Americans’ international communications, and granting retroactive immunity to telecoms that had cooperated in illegal Bush-era spying.

We kept organizing after the vote, running crowdfunded pro-civil liberties TV ads during the Republican National Convention that August and in DC in January 2009 for Obama’s inauguration. In early 2009 we allied with DREAM Activists and undocumented youth, the Stonewall 2.0 LGBTQ movement, and peace activists in the Ideas for Change competition.  Since then, as newer groups like Restore the Fourth and Fight for the Future have taken the lead, we’ve come back to life from time to time – most recently, to let people know about Get FISA Right alum Shahid Buttar’s Congressional campaign.

Our tenth anniversary’s a good opportunity to check in, reflect on the past and what we can learn, and talk about what next.

So whether or not you were part of it back in the day, we’d love to hear your memories of Get FISA Right – and thoughts about the future of civil liberties activism.

Here’s a few thoughts to kick things off …

The view from 2018

As we predicted in 2008 (and even after the Snowden revelations highlighted the intelligence agencies’ abuse of their power), Congress has repeatedly expanded the scope of warrantless wiretapping – and failed to introduce any meaningful safeguards.  With the Trump Administration becoming increasingly authoritarian, and Democratic leadership complicit, risks that seemed abstract or hypothetical to many people a decade ago are overwhelmingly real.

And social networks have become a much more challenging place for activism since the glory days of Get FISA Right, Un Millón de Voces contra las FARC, and Join the Impact in 2008:

And so on.  It’s almost like people with power are scared of what might happen when people organize online and are doing their best to stop it.

A large growd up people with signs on the steps of an official-looking building

Restore the Fourth protest in New York, 2013

Still, as Restore the Fourth reminded everybody in 2013 – and hundreds of thousands of people around the country are once again showing this week at ICE facilities as part of the week of action – grassroots energy remains out there — and people continue to connect on social networks. And as grim as the overall situation is, there’s also been substantial progress in a lot of areas. For example:

  • Groups like Black Lives Matter, the Water Protectors, and StopLAPDSpying – along with intersectionally-focused leadership in civil liberties coalitions and academia – are increasingly highlighting the relationship of government surveillance to the prison-industrial complex, immigration, racism, and environmental justice.
  • Momentum has shifted against Facebook and Twitter, and new decentralized platforms like Mastodon may prove to be better environments for civil liberties activists
  • Explicitly anti-oppressive new projects like Torn Apart / Separados and Douglass, and new tools for activism like Signal, Loomio, SecureDrop, better.place, and Pursuance, are still at a relatively early stage but point the way to new possibilities

Learning from the past – and looking forward

As Get FISA Right heads into its second decade, there’s still a big potential role for grassroots social network activism in the fight for civil liberties – and for justice.   There’s a lot to learn from our experiences.  What worked?  What didn’t?   How would we adapt things to today’s, and tomorrow’s environment?

So please share your perspectives – in the comments here, on the Get FISA Right wiki, on social networks like Twitter, Facebook, Medium, Mastodon, and Diaspora, or wherever else works.  We’ll collect the responses and follow up with a post in a week or two.  In the meantime,  help us get the word out by sharing, liking, tweeting, emailing, and otherwise letting people know.

Thanks to everybody who’s been involved with and supported Get FISA Right and the fight for civil liberties over the last decade.  Looking forward to the next ten years!

doj_stop_spying

 

* The hundreds of the replies to Obama in the MyBO conversation are gone, but here’s the copy of Obama’s response the campaign cross-posted to the Huffington Post.   The Get FISA Right wiki has more of the context, including A brief historyCoverage, and  This time, *we’re* writing the history.


Shahid Buttar is running for Congress!

February 24, 2018

shahid-logo-advocate

“I’m running for Congress because I can’t watch America’s constitutional crisis from the sidelines. San Francisco’s representative in Washington talks about resistance, but having been in the House for 30 years, she has become a pillar of the Washington establishment. Even worse, she has repeatedly caved under this maniacal President and compromised our rights….  Watching our representative in San Francisco hand expanded domestic surveillance powers to the Trump administration in January 2018 was too much for me to bear.”

— Shahid Buttar in A Fresh Voice for San Francisco

Shahid’s been on the front lines of the fight against warrantless surveillance since even before Get FISA Right started in 2008.  He worked very closely with us during his years at Bill of Rights Defense Committee – and with other grassroots civil liberties organizations like Restore the Fourth.  More recently, he’s been at EFF and on the board of Center for Media Justice.   Now, he’s taking things to the next level and running for Congress in San Francisco … for the seat currently held by Nancy Pelosi.

Every Member of Congress had the opportunity to decide whether to protect Americans’ privacy, and shield vulnerable communities from unconstitutional targeting, or to leave broad spying authority in Trump’s—and Jeff Sessions’—hands.

Is Your Democratic MoC More Conservative Than Ted Cruz on Surveillance?, Indivisible

A surprising number of Republicans opposed a straightforward FISA reauthorization bill this year – enough that there was a chance to get some meaningful reforms.  Instead, Pelosi and dozens of other Democrats voted to expand the NSA’s warrantless surveillance powers.  Talk about caving and compromising our rights …

Of course, Shahid’s strong position on surveillance is only part of his platform;  ShahidForChange.us also highlights issues like reducing government and corporate corruption, reducing military spending to save social services, and ending federal prohibition of cannabis.  Still, all the polls show that the majority of Americans oppose warrantless wiretapping — and my guess is that the percentage is even higher in San Francisco.  So it’s great to see a pro-civil liberties candidate making it a big part of their platform.

A few years ago on one of the Get FISA Right phone calls we were lamenting how politicians continue to shrug their shoulders at the NSA’s ongoing pattern of misleading Congress and avoiding any kind of oversight, and I remember saying “things won’t change until the civil liberties vote makes the difference in elections.”  Now’s as good a time as any to start!

To find out more, check out Shahid’s candidate statement on Boing Boing and his web site ShahidForChange.us


Restore the 4th says, Call now! Sunset 702!

December 20, 2017

Tweet at your Congressmember today to prevent a sneak vote for mass surveillance!

In the House, surveillance hawks are trying to ram through a bill extending mass surveillance, without time for debate or amendment.

If we can delay or defeat this vote, every day will make a huge difference in this fight. Section 702—the legal authority the NSA relies on to engage in this mass surveillance—theoretically expires in 12 days; the closer we get to that deadline, the more leverage we have to pass real reforms.

The vote on this is likely to happen today, so there’s no time to make phone calls or send emails. Please tweet at your members of Congress using www.decidethefuture.org and urge them to vote NO on H. R. 4478.

Many thanks to Restore the Fourth for providing this timely notice to their subscribers, and apologies for reposting it here, but we are a shoestring volunteer group. We encourage our readers to get involved with Restore the 4th , which works to protect us from overreaching, unconstitutional mass government surveillance.


USA Liberty Act Would Compromise Privacy

November 10, 2017

As Congress debates the “USA Liberty Act”, it is important to consider the implications for warrantless, back-door searches. The following information comes from the Brennan Center (https://www.brennancenter.org/blog/congress-cant-compromise-privacy); the entire article is worth reading to fully understand the importance of this issue and Section 702.

[T]he problem with the USA Liberty Act’s solution is not simply that it does not go far enough. In two key respects, it actually represents a step backward.

First, it would put Congress’s stamp of approval on backdoor searches. As it stands, Section 702 does not expressly authorize agencies to search for Americans’ communications. Indeed, the practice seems inconsistent with the law’s prohibition on targeting Americans, not to mention its requirement that the government minimize the retention and use of Americans’ communications. By codifying backdoor searches for foreign intelligence purposes, the USA Liberty Act would make the law worse, even if it improved on the government’s actual practice.

Even more worrisome, the USA Liberty approach would introduce a new and dangerous principle into the law: the notion that Americans have lesser rights when the government is acting with a “foreign intelligence” purpose. Currently, if the government wants to target an American directly for surveillance, it must obtain a warrant regardless of its motive. In criminal cases, the government typically obtains the warrant from a magistrate judge, while in foreign intelligence investigations, it applies to a special court known as the FISA Court. In both cases, however, the government must show probable cause of illicit activity.

There is no principled basis for lowering the standard of protection in foreign intelligence cases and allowing the government to access through the back door what it could not obtain through the front.