Today we published the 5th paper in our series on much-needed reform at the Department of Homeland Security, 20 years after the department opened its doors.
My favorite thing I've heard so far at
#COVIDCon
is from
@Nanjala1
: "Coronavirus isn't a war; it's a crisis of care." Framing it as a war justifies military and policing responses; framing it as a crisis of care means you use a lens of expanding care and support. Love this.
Again, this will take 2 mins max. (1) Find your rep's ph #. (2) Call & say "I'm a constituent and I'd like Rep ___ to vote for the Protect Liberty Act, HR 6570, and against the FISA Reform Act, HR 6611, on Tues." (3) The staffer answering the phone says thank you and you're done.
In 2018 I was arrested for sitting down w/ 600 women in a Senate Building to protest the admin's family separation policy. To be clear, the arrests were exceedingly polite. But they were literally for *sitting* en masse. Why in god's name aren't all these jokers getting arrested?
OK - new day, new urgent Hill ask! Surveillance reform/renewal bills are temporarily paused in the House, and the action has moved to the Senate. One simple thing to do TODAY: call your 2 senators and say "DO NOT put 702 in the NDAA." (Yes, really.)
Yet more proof that family separation is very much a feature, not a bug - DOJ prioritized immigrants traveling with children over individuals traveling alone in deciding whom to prosecute.
#familiesbelongtogether
The willful ignorance of - and contempt for - the range of reasons women might seek an abortion, or the range of circumstances under which they might get pregnant, is just breathtaking.
He also ignores women who get abortions after rape or incest, or any notion men are responsible for pregnancy arguing women can "simply change" their behavior (avoid sex) to prevent unwanted pregnancy. Men like this are precisely the reason abortion rights are essential for women
We published a thing today! It's on how DHS collects, uses, & shares individuals' social media data in the name of national security. It's the most comprehensive treatment we're aware of, & it does a deep dive into ICE, CBP, USCIS, & TSA.
@FaizaPatelBCJ
1/
This is a devastating read. It is breathtaking how bad our situation is, and how much is due to criminally incompetent & negligent leadership. Americans are dying, losing jobs, seeing their children’s schooling evaporate - why? To own the blue states.
"Thankfully, the man missed. Brennan kept running, hid, then cried. 'My mom says that, black boys get shot because sometimes they don't look their age, and I don't look my age. I'm 14; but I don't look 14. I'm kind of happy that ... I didn't become a statistic.'" Heartbreaking.
Why? B/c Senate leadership is trying to push thru a 4-month extension of FISA Sec 702 - which will turn into a 16-month extension, putting us into 2025 (& maybe a whole different political landscape). Spying Extension Angers Broad Majority Favoring Reform
I am so deeply baffled by this. Far be it from me to tell the FBI what they can do, but my reading of their policies suggests exactly the opposite. I wrote about that here a couple of weeks ago.
FBI Counterterrorism chief Jill Sanborn just made a crucial point: the FBI does not believe it has the authority to monitor PUBLIC social media posts unless there is predication such as an open investigation. That’s largely the bureau missed so many of the threats.
If you have 2 mins to spare on Monday, PLEASE call your Rep and tell them to vote FOR the "Protect Liberty and End Warrantless Surveillance Act" (H.R.6570) and OPPOSE the "FISA Reform and Reauthorization Act" (H.R.6611). (Am I doing this myself? I would if DC had voting rights!)
ICE has contracted w/ a software co. that lets law enforcement "collect and analyze 'massive amounts of social media and internet communications data''" and also track & monitor people in real time. ICE has demonstrated this is not a power it should have.
👇👇👇Keep up the phone calls! A vote is expected in the Senate today, and every call matters. Tell your senators "don't put 702 in the NDAA [National Defense Authorization Act]". Find their contact information here: .
OK - new day, new urgent Hill ask! Surveillance reform/renewal bills are temporarily paused in the House, and the action has moved to the Senate. One simple thing to do TODAY: call your 2 senators and say "DO NOT put 702 in the NDAA." (Yes, really.)
Here's the hitch: both bills are being brought up under an unusual procedure called "Queen of the Hill," which means the one that gets the most votes will be advanced to the Senate. It's critical that reps vote both FOR the Protect Liberty Act and AGAINST the "Reform" Act.
From
@tweetmoraa
:
I hate language of "war". We cannot beat a virus in a war.
This is a crisis of care. How do we care for each other, for those who need it most?
How do you care for yrself?
How should states,systems,businesses care?
I don't care how we fight:
I care how we care
“Journalists (& talk show bookers) should set the ground rules with, ‘Very quickly before we start: who was the legitimate winner of the 2020 election?’ If the answer is ‘we need to investigate that’ or ‘President Trump,’ simply withdraw the opportunity.”
For everything you ever wanted to know about Section 702 but were afraid to ask, see this fantastic
@BrennanCenter
resource page and follow my tireless colleagues
@LizaGoitein
&
@NoahChauvin
.
Reupping this - please take 120 seconds out of your day and call your representative TODAY! It is so quick and will make such a difference on one of the most critical privacy issues of our time. All the info you need is in the first two tweets below!👇👇👇
If you have 2 mins to spare on Monday, PLEASE call your Rep and tell them to vote FOR the "Protect Liberty and End Warrantless Surveillance Act" (H.R.6570) and OPPOSE the "FISA Reform and Reauthorization Act" (H.R.6611). (Am I doing this myself? I would if DC had voting rights!)
JUST OUT: The
@Meta
civil rights team has written to the LAPD, demanding the department stop using fake accounts on Facebook & reminding them that using third-party social media monitoring tools for law enforcement purposes violates FB policy as well. 1/
New revelations from
@janawinter
: DeJoy shifted iCOP resources towards monitoring social media, and the US Postal Service made an executive decision to monitor
#BLM
protestors online.
I am of course just as opposed to pervasive facial recognition as the next gal but if there were a tool that automatically ID’d every person at a conference where I’m supposed to know everyone so I don’t panic & call them by the wrong name I would pay SO MUCH MONEY for that. Thx.
Virginia Supreme Court agreed yesterday that dragnet collection of license plate data implicates personal interests & isn’t justified by law enforcement needs. Amicus brief filed by
@BrennanCenter
&
@EFF
.
Happy anniversary to me!🥂Today marks ten years at
@BrennanCenter
, and I couldn't ask for better colleagues - I am so fortunate to work every day on issues that I'm passionate about, with people who are way smarter than I am.
There are a number of reasons that officials behave like this. It's very common in autocratic regimes. It's more jarring when a flawed democratic regime performs sycophancy so quickly.
.
@RepBonnie
: What is a chainlink fence enclosed into a chamber on a concrete floor? A cage?
@SecNielsen
: It's a detention space, mam
REP BONNIE: Is it different from what you put dogs in?
NIELSEN: Yes
REP BONNIE: In what sense?
NIELSEN: It's larger
B: Sounds like a dog cage
“In crafting the story of something that should never have been allowed to happen, we forge the story of something that couldn’t possibly have happened. Or, to use a phrase only slightly out of context, something that can’t happen here.”
I like Twitter. I have great friends & colleagues here, and it fosters connections that wouldn’t be possible otherwise. But my Twitter is never so silent as when I post about anti-Semitic attacks. It is profoundly dispiriting.
Excited to be doing Election Protection today with
@866OURVOTE
. Reminder: if you have any issues or any questions today about voting, polling places, etc, please call 866-OUR-VOTE to be connected with a volunteer. This is a NON-PARTISAN, nationwide effort. Go vote!
Today the
@BrennanCenter
is launching a new free, comprehensive resource on state courts and state constitutional development. If you're interested in constitutional issues and how they're playing out in the laboratories of democracy, don't sleep on this!
.
@BrennanCenter
's
@AngelSDiaz_
: "A photo of somebody as they pass by your house might not on its own tell you too much. But when you’re connecting an entire system that can, eventually, map people as they move around a neighborhood, it gives you a pretty intimate sense" of them.
This is kind of a BFD: the Fairfax, VA, police dept has been ordered to stop keeping a license plate database, including time & location info, on the grounds that "passive use" of ALPR data violates Virginia privacy law.
This is an incredible rundown of some of the tweets that were tagged for the LAPD as signaling "potential danger." It is like a greatest hits of why dragnet social media monitoring is an absurd waste of money. cc
@SamTLevin
@JMBooyah
@marypatdwyer
@justinhendrix
"The 35-yo woman has been held in the facility, overseen by ICE, for about a year & told lawyers about “pattern and practice” of abuse there, including that guards systematically assaulted her and other detainees in areas not visible to security cameras."
Today the
@BrennanCenter
filed a lawsuit against the U.S. Dept of Homeland Security, seeking info about DHS's use of social media monitoring tools from three companies: Logically Inc, ShadowDragon, and Voyager.
The Protect Liberty Act would make real reforms to FISA Section 702, which has been repeatedly abused to spy on Americans, including warrantless searches for the communications of Black Lives Matter protestors, members of Congress, and political donors.
Once a predicated investigation has been opened, agents have authority to do much more, including monitoring real-time communications in a private chat room or creating an undercover social media account.
The Protect Liberty Act (again, H.R.6570) would require a warrant for searches of Americans’ private communications collected under Section 702, close the data broker loophole, and strengthen the FISA Court.
What the.... By this logic, because my driver's license shows me *without* my head covered, it should be canceled if someone spots me in public wearing a baseball cap. Or biking to work with a balaclava on. Or putting a scarf over my head when it's cold. This is outrageous.
does the DMV selectively only hire ppl who are racist? I've never had a positive experience at a DMV, had never NOT had a whole ordeal to deal w/about wearing hijab.
Apparently in IL now you have to sign a doc saying if you're seen w/o hijab in public ur ID can be cancelled lol
These votes will happen on TUESDAY, so time is of the essence. It is super easy to find your rep's contact information; just use this tool. For quick talking points, see below! .
Now, we were relying on the publicly available version of the FBI's Domestic Investigations and Operations Guide, some of which is redacted. But it appears quite clear that the FBI does not need a *predicated* investigation in order to monitor *public* social media.
The FISA "Reform" Act (H.R.6611), by contrast, is a wolf in sheep’s clothing. It would not prevent any of the worst abuses of Section 702 to spy on Americans, it would expand warrantless and suspicionless surveillance of immigrants, and it would extend Section 702 until 2031.
Funny story: three years ago last month,
@BrennanCenter
filed a public records (FOIL) request with the NYPD, asking for information about their predictive policing program. At the time, we thought they were using Palantir, and we wanted to know more. 1/
Couldn't put it better myself: "it is technically impossible to build software that meets DHS’s vetting requirements — and code that attempts to do so will end up promoting discrimination and undermining civil liberties."
#DigitalMuslimBan
"Rather than careening from crisis to crisis, we want to do the hard work of repairing our democracy & restoring public faith in govt. As a country, we’ve weathered crises before.But we’ve also risen to the occasion to fix what’s broken.Let’s do it again."
As of today, the State Dept is collecting social media handles from everyone applying for a visa to come to the United States - an estimated 14 million+ people per year.
Thread: New blockbuster article from the
@guardian
's
@SamTLevin
about the LAPD's indiscriminate collection of social media identifiers and its use of social media to track protests and activism. 1/19
I am working on a report that will tell the stories of people who have been affected by governmental monitoring of social media - if you have a story, or know someone who might, please reach out!
We also argue that there are problems with the breadth of the FBI's authority, in light of its documented history of targeting and surveiling communities and activists of color.
But at bottom, there seems to be a very basic disagreement over what the FBI's capabilities are under their existing policies and legal authorities. Would be extremely helpful for Sanborn to elaborate on this.
.
@RepRaskin
: "My colleagues aren't upset because you're lying to Congress for the president. They're upset because you stopped lying to Congress for the president."
As a reminder, a bipartisan Senate subcommittee found in 2012 that fusion centers were, essentially, cesspools that produced "shoddy, rarely timely" reports, contributed vanishingly little to counterterrorism efforts, & violated privacy and civil liberties
“Not on my watch. These children are innocent. I’m from a family of immigrants and we can’t treat families people like this”-
@tarastrong
We’re out here outside the White House for 24 hours doing a
#PeoplesFilibuster
asking the govt to accept the $20m check to
#ReuniteEveryChild
Newest report of government buying supposedly anonymized, but revealing, cell phone data - as
@RonWyden
puts it, an "end-run around the Fourth Amendment."
This would be a good time to revisit
@RethinkIntel
’s report on explicit racism in law enforcement and infiltration of white supremacists into law enforcement ranks.
Just putting this out there: law students/young lawyers of color who are interested in issues of national security, policing & tech, and civil liberties & civil rights, feel free to reach out if a conversation with a senior-ish lawyer would be helpful. My DMs are open.
Also worth noting that this would appear to violate the Privacy Act, which prohibits government agencies from maintaining records about exercise of First Amendment rights unless authorized by statute or relevant to law enforcement activities. 🤨
Yesterday the
@BrennanCenter
,
@ACLU
,
@CenDemTech
, &
@EPICprivacy
, joined by nearly 40 other civil society orgs, filed comments urging DHS to withdraw its proposal to collect social media info from 33+ million people annually.
The
@washingtonpost
gets it exactly right: before the Trump admin starts collecting social media handles from the 15M people who apply for US visas every year, it should prove it actually needs them.
School districts are starting to spend the first installment of $10 billion allocated by Congress after Parkland to make schools safer. $$ is being spent on surveillance cameras, color-coded lighting systems, & a "VirTra V300 firearms training simulator."
This is, in technical terms, complete and total bullshit. If I cull a whole bunch of information from the interwebs about constitutionally protected activity and ship it off to DHS, are they then obligated to share it with all of their various components? With fusion centers??