A BRIEFING ON PUBLIC POLICY ISSUES AFFECTING CIVIL LIBERTIES ONLINE
from
THE CENTER FOR DEMOCRACY AND TECHNOLOGY
CONTENTS:
(1) Preserving Democratic Freedoms in Times of Peril
(2) Congress and Administration Rushing to Develop Legislative Proposals
(3) CDT's New "Response to Terrorism" Resource Page
(4) What you can do!
The Center for Democracy and Technology joins the nation in grief and anger over the devastating loss of life resulting from the terrorist hijackings and attacks against the World Trade Center and the Pentagon. We too had friends killed on September 11. We fervently support the efforts of our government to hold accountable those who directed and supported these atrocities.
Responding to these terrorist attacks and the threat of future ones will test our Nation's collective resolve to maintain the freedom, openness and diversity that defines and enriches our society. At CDT, as we analyze policy proposals emerging in response to the September 11 attacks, we are guided by three convictions:
It is clear that improvements need to be made in America's counter-terrorism procedures. But we know from history that measures undertaken in times of peril often infringe civil liberties without enhancing security. In the current climate, it is all the more important to act deliberately and ensure that our response is balanced and properly targeted. If we give up the constitutional freedoms fundamental to our democratic way of life, then the terrorists will have won.
Lawmakers are scrambling to react to the September 11 terrorist attacks. Many of the proposals relate to the electronic surveillance laws and the system that gives different powers and sets different standards for the law enforcement agencies, such as the FBI, and the intelligence agencies, such as the CIA. While members of Congress from across the political spectrum have expressed concern about the effect that some of these proposals may have on our basic freedoms, the number and complexity of proposals and the speed with which they are being considered makes it very difficult to assess their impact.
Already, on September 13, the Senate adopted legislation giving government agencies somewhat broader authority to conduct certain kinds of electronic surveillance.
On Monday, September 24 at 2:00 pm, the House Judiciary Committee will be holding a hearing on the Bush Administration's anti-terrorism proposals. The only witness will be Attorney General Ashcroft.
Following this hearing, at 4:30 pm, the Committee expects to hold a closed hearing ("briefing") at which a panel of experts with civil liberties concerns will testify before the Committee. Witnesses will be : Jim Dempsey, CDT deputy director, focusing on the electronic surveillance issues; Prof. David Cole, Georgetown University Law Center, focusing on immigration issues; Brad Jansen, Free Congress Foundation on money laundering and forfeiture; Rachel King from the ACLU on criminal justice issues; and Morton Halperin of the Council on Foreign Relations on intelligence agency issues.
On Tuesday, September 25, the full Judiciary Committee will hold a markup on the Administration's bill with the hope of reporting out of the committee on that same day. Chairman Sensenbrenner expects the package to be on the Floor the following week.
Also on Monday, September 24 at 3:00 pm, the Senate Intelligence Committee is holding a hearing. CDT Executive Director Jerry Berman will testify.
It is also expected that the Senate Judiciary Committee will hold a hearing on Tuesday, September 25.
To assist Netizens in following legislative developments, CDT is compiling the key documents on the issue in a "Response to Terrorism" resource page - http://www.cdt.org/security/010911response.shtml.
This page, which is being updated regularly, includes:
With time running short, we are recommending that concerned citizens do two things as soon as possible:
This statement -- already signed by more than 150 organizations (including CDT), 300 law professors, and 40 computer scientists -- calls on lawmakers to consider proposals calmly and deliberately with a determination not to erode the liberties and freedoms that are at the core of the American way of life. Individuals can read and endorse the statement by going to http://www.cdt.org/action/indefenseoffreedom/.
Tell your representatives that you want action to be taken, but it must preserve privacy and other basic freedoms.
CDT has a resource to help you find the contact information about your representatives in Washington -- http://www.cdt.org/action/contactcongress.shtml.
Members of CDT's Activist Network will be receiving an additional "Action Alert" with more information.
You are currently not a member of the Activist Network, but you can sign up easily at http://www.cdt.org/join/.
Detailed information about online civil liberties issues may be found at http://www.cdt.org/.
This document may be redistributed freely in full or linked to http://www.cdt.org/publications/pp_7.08.shtml.
Excerpts may be re-posted with prior permission of ari@cdt.org
Policy Post 7.08 Copyright 2001 Center for Democracy and Technology
