News: Police Safe Homes plan leads to heated debates

Kyle de Beausset and Howard Manly quote Sarah Wunsch, Staff Attorney for the ACLU of Massachusetts, in this story about the Boston Police Departments controversial "Safe Homes" warrantless search program.

News: Police Safe Homes plan leads to heated debates

Kyle de Beausset and Howard Manly at the Bay State Banner wrote this article about a Feb. 21 meeting on the so-called "Safe Homes" program. Manly moderated the discussion, and one participant was Sarah Wunsch, staff attorney with the ACLU of Massachusetts.

One thing the article talks about is a sense of shame that problems have:

spiraled downward to the point where suspending the U.S. Constitution — specifically the Fourth Amendment, which protects Americans from illegal searches and seizures — seemed like a small price to pay to stop the inner-city bleeding.

News: Bill aimed at sex offenders

Reporter Steve LeBlanc of the Associated Press quotes Norma Shapiro, our Legislative Director, in this article on proposed new restrictions on sex offenders in Worcester.

One of the ACLU's main concerns is that "get tough" measures actually make us less safe, not more, by increasing the odds of re-offense.

Commutation Time for Patrick

Today’s Boston Globe reports that Gov. Patrick has received his first sentence commutation request, that of a prisoner who was 18 years old at the time of the crime and has served 36 years of a sentence of life without parole. It’s time to reconsider the costs, in both dollars and wasted lives, of this lock ‘em up and throw away the key approach to sentencing.

In Massachusetts, a 1st degree murder conviction carries an automatic “natural life” sentence, while 2nd degree murder carries a mandatory life sentence with a possibility of parole after 15 years (which the parole board rarely grants at the first review). In addition, a variety of other crimes carry possible life sentences.

Massachusetts now has 18% of the prison population serving life sentences. From 1999 to 2007, the number of life without parole sentences increased by 30% to close to 900 individuals. That seems unsustainable as the prison population ages, prosecutors routinely charge murder defendants with the higher offense, and elected officials fear stepping on a pardon or commutation landmine.

There has been a lot of attention given to life without parole sentences for juveniles, and as an alternative to capital punishment in states that have a death penalty. But many adult offenders will die in prison, at taxpayers’ cost, when reviews of individual records may show that incarceration no longer serves a public safety purpose. It sounds like Arnold King is one such individual who has served a significant portion of his life and has rehabilitated himself (no small feat in a system short on counseling and programs). Of course, it’s always difficult to consider the convict’s situation when the victim’s family will forever grieve their loss, but Governor Patrick should do the right thing and accept the unanimous recommendation of the parole board in this case.

News: Three blind mice?

Columnist Dianne Williamson at the Worcester Telegram cites the work of the ACLU of Massachusetts in this great piece on free speech in Spencer.

At issue is whether a citizen had the right to refer to town selectmen as "the three blind mice" during a meeting last September. The chairman, Vincent Cloutier, ruled her out of order for the comment.

Does this mean even mild criticism isn't permitted at a public meeting?

In a letter, Sarah Wunsch, our Staff Attorney, wrote:

“The town has created a citizen comment period, and the chairman does not have the right to silence those who are critical of the performance of town officials and employees, including the board members themselves."

Williamson writes: "Mr. Cloutier... is an elected official and needs to toughen up."

News: Surveillance cameras popping up all over region in attempts to catch criminalsm, but are they an invasion of privacy?

Jason Tait, a reporter for the Lawrence Eagle-Tribune, analyzes the trend toward installing more and more video surveillance cameras in the search for security, in this article.

The ACLU of Massachusetts does believe that there can be places were security cameras can make sense, to help keep people safe or enforce the law. Good examples are at "chokepoint" areas, like the entrances to public transit systems. But the usefulness of the cameras in deterring crime is exaggerated, and they raise privacy questions, as the article points out.

The story quotes a business owner who "welcome[s] Big Brother" to downtown, but does everyone?

Some of the questions that we encourage people to ask about surveillance cameras include:

- What are the technical capabilities of the cameras? Do they include software that automatically flags people who look "suspicious"?

- What are the plans for sharing and storing the digitized information?

- Can the information gathered by the cameras be used by the officials who control them for personal or political gain?

- What is the cost of using and maintaining the equipment? Will more cameras mean fewer cops or other basic equipment like bullet-proof vests?

- Have simpler methods been considered, such as better lighting, or more community policing? Is this a technical solution to a non-technical problem?

- Are there plans for expanding the use of the cameras?

- What safeguards are there to prevent "harassment by video camera" (e.g. zooming cameras in on women)?

Best Documentary: Taxi to the Dark Side

About a billion people watching the Academy Awards heard filmmaker Alex Gibney dedicate his Oscar to Dilawar, the taxi driver tortured to death by U.S. interrogators at Bagram. Taxi to the Dark Side uses this horrific incident to detail U.S. torture policy and its effects.  As A.O. Scott wrote in The New York Times, "A year from now, the presidency of George W. Bush will end, but the consequences of Mr. Bush’s policies and the arguments about them are likely to be with us for a long time. As next Jan. 20 draws near, there is an evident temptation, among many journalists as well as politicians seeking to replace Mr. Bush, to close the book and move ahead, an impulse that makes the existence of documentaries like Alex Gibney’s 'Taxi to the Dark Side' all the more vital. If recent American history is ever going to be discussed with the necessary clarity and ethical rigor, this film will be essential."

Film: Persepolis

Marjane Satrapi was a young girl during the Iranian Revolution, and her crisp animated film Persepolis -- which has been playing for a few weeks now in places like Cambridge, Worcester, and Northampton -- tells her story.

High hopes for more freedom after the fall of the Shah were simply replaced with other forms of repression. Satrapi leaves Iran for Europe, twice, to escape the war with Iraq during the '80s and then the strictures of Iran's fundamentalist government, but the story of the film seems to be that you can never fully escape political upheaval and the denial of basic liberties in an entire country.

Persepolis is a black-and-white film, but its politics aren't. It's an unflattering look at Iran, but it doesn't let the U.S. off the hook either. Among other things, the film illustrates the role the U.S. played in inspiring the Iranian Revolution (the Shah's hated torturers had CIA training), and the repression of fundamentalist Iran is a warning about where the downward spiral of denying basic liberties can lead -- in any country.

News: Immigrant worker background checks have precedents

Peter Reuell, a reporter for the MetroWest Daily News, cites ACLU concerns in his story on proposed measures to crack down on immigrants in Framingham.

News: Boston Police vs. political protest?

Boston Now's Senior Reporter James O'Brien looks in this article at whether the Boston Police have been cracking down selectively on the free speech rights of demonstrators.

In a recent case, performance artist Milan Kohout stood outside a downtown Bank of America location with a pile of nooses and a sign saying "Nooses on Sale." He says they referred to the bind that stock market and mortgage problems have put people in, but police confiscated the ropes and sign and charged him with being an unlicensed vendor.

The article quotes John Reinstein, our Legal Director, and there's also an audio recording of the interview with some detailed discussion of free speech issues.

Security cameras are one thing...

Most of the calls we get about video surveillance cameras have to do with security. But today, Michelle Romano at the Boston University Daily Free Press reveals a new twist in this article. It seems the school has been broadcasting images of campus life on the web for marketing purposes, for two years.

Security cameras are one thing -- but marketing?

The ACLU doesn't oppose video surveillance in specific, sensitive locations where it can be helpful to keep people safe or enforce the law. But should people really be expected to let go of more privacy for the sake of marketing?

News: Court weighs racial profiling in traffic stops

David E. Frank of Massachusetts Lawyers Weekly cites an ACLU of Massachusetts amicus brief in this story about racial profiling in traffic stops.

Civil Rights/Civil Liberties Quiz

It’s Presidents Day and Black History month; what better time to test your knowledge of obsure facts and history, along with a couple things that everyone reading this blog ought to know. Submit your answers in the comments section, and if you get all five questions you’ll be eligible for a fabulous prize! (just kidding). And no, you can’t just google the answers.

1. Article II of the U.S. Constitution covers what?

2. Who made this statement and when? "I stand before you today as a candidate for the Democratic nomination for the Presidency of the United States. I am not the candidate of black America, although I am black and proud. I am not the candidate of the women's movement of this country, although I am a woman, and I am equally proud of that. I am not the candidate of any political bosses or special interests. I am the candidate of the people."

3. What scholar, educator and leader was born on February 23, 1868 in Great Barrington, Mass.?

4. The 13th Amendment to the U.S. Constitution prohibits what?

5. The Civil Rights Act of 1964 prohibits discrimination based on what?

(thanks to Michael5000 for the quiz idea)

Film: 4 Months 3 Weeks and 2 Days

Cristian Mungiu's 4 Months 3 Weeks and 2 Days is not a feel-good film, but it does a beautiful job showing what it means to be unable to choose a legal abortion. Set in Romania before the fall of the Ceausescu regime in 1989, it's a literally unflinching look at what a pregnant college student and a friend go through in the course of a single day to get help that's against the law.

I saw it with friends last weekend at the Kendall Square Cinema in Cambridge, where it's still playing. We kept thinking and talking about it for days.

"I Do Not Consent to a Search"

Remember those red and white buttons that the National Lawyers Guild distributed during the near police state days of the 2004 Democratic convention? Well, dig yours out and wear it all the time, especially if you live in Dorchester or Roxbury where the Boston Police’s euphemistic “Safe Homes” program wants to search your house without a warrant. A town hall meeting on Thursday, February 21, 2008 will present analysis and discussion by activists and community leaders of the planned police action. Location: MAMLEO Headquarters, 61 Columbia Rd., Dorchester, 6:30-9:00 p.m.

House lets "Protect America Act" expire! (For now)

Good news -- at least for the moment. Here's a just-out release from the national ACLU.

=====

House Stands Up to Threats from the White House
on Domestic Surveillance
ACLU urges careful consideration of cherished constitutional rights

For Immediate Release: February 14, 2008

Washington, DC – The Democrats in the U.S. House of Representatives stared down the White House today and decided to stick with their version of revisions to the Foreign Intelligence Surveillance Act. The House voted to adjourn without letting the phone companies off the hook for breaking the law by helping the government spy on Americans. The House is leaving town and allowing the unconstitutional Protect America Act to expire this weekend.

Statement from Caroline Fredrickson, director of the American Civil Liberties Union Washington Legislative Office:

“It is heartening that the House is standing up to the bullying from the president. The House is saying it will not give in to the administration’s lies and fear mongering. This administration has abused its power time and time again, and finally the House is standing up and saying no. The House is also sticking with the decision it made back in November not to give the phone companies and the Internet providers amnesty for illegal actions over the past six years when they provided Americans’ private calls and emails to the government without warrants.

“Members of the House were wise to let the clearly unconstitutional Protect America Act expire. Now, if the government wants to wiretap Americans on American soil it needs to get a warrant from the FISA court.

“The House sent the president a welcome reminder from the people that no one is above the law. Not the telecom providers. Not the White House.”

Fredrickson said that although the Protect America Act is set to expire this weekend, it doesn’t mean the new mass, untargeted surveillance programs authorized under that act will expire. Certain provisions of the Protect America Act will live beyond the law’s expiration date, including:

Orders under the Protect America Act can last for up to a year. Orders issued in the past six months will continue through their internal expiration date. So, for example, if the attorney general and director of national intelligence issue year-long orders on 2/15/08, they will run uninhibited until 2/15/09. (See PAA Section 6: Authorizations in Effect - Authorizations for the acquisition of foreign intelligence information pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain in effect until their expiration.)

Orders are not specific to individuals and can pick up new targets in the future. Although the orders are secret, we know the authority granted to the executive branch allowed them to create whole programs of surveillance that are not confined to any specific individual or facility – in fact, that breadth is precisely what the PAA is about. So, as programs continue, it stands to reason agents can pick up new suspects, phone lines, email accounts, etc., without the need to return to court.

In addition to all these continuing PAA authorities, if the government wants to listen to terrorists abroad it has a host of other options:

Collecting the call overseas where no warrant or order is required at all
Collecting the call here without an order under the 72-hour emergency provision
Collecting the call here under a FISA court order

To read more about the ACLU’s efforts to keep America safe and free and specifically to read about the FISA fight, visit www.aclu.org/fisa

Kennedy and Kerry opposed FISA

The Senate's latest cave-in, voting 68-29 to extend wiretapping authority and provide immunity for telecoms that went along with the White House's warrantless wiretaps when they were illegal, was outrageous.

At least Massachusetts can take consolation from the fact that Sen. Kennedy and Kerry stood on the right side.

The House now has the last chance to stop this before it goes to George Bush for his signature.

Letter to the Editor: Police gun searches raise concern

The Boston Globe carries a letter today by Carol Rose, our Executive Director. It's about the Boston Police Department's so-called Safe Homes plan, in which police ask for people (in predominantly African-American neighborhoods) to allow them to search their homes for guns, without a warrant.

The program raises many civil liberties concerns. As Rose says:

Boston residents have the right to say no when the police come to their door without a warrant. And when they do, the police should leave.

Keith Olbermann discusses FISA with John Dean

On Feb. 9, as the U.S. Senate prepared to give legal immunity to telecoms that went along with the White House's warrantless surveillance of American citizens, former White House Counsel John Dean discussed the issue with Keith Olbermann.

Keith Olbermann was one of our guest speakers at the ACLU of Massachusetts Bill of Rights Dinner 2007, and John Dean will be one of our speakers at our next Bill of Rights Dinner, on May 28, 2008.

News: Mayor submits child safety zone ordinance

Joe Cohen of the New Bedford Standard-Times quotes Ann Lambert, our Legislative Counsel, in this story on a proposed ordinance to create "child safety zones" that would ban sex offenders from a variety of public places. The proposal comes in the aftermath of a sexual assault on a young boy in a New Bedford library.

Poll on Lexington decision in favor of books encouraging tolerance for gay people

The Lexington Minuteman is running a poll now, asking whether people support the recent court decision in favor of teaching about diverse families, including families with gay and lesbian parents.

A "yes" vote favors the side the ACLU was on -- and for now, the "yes" votes are a little ahead.

A thousand words....

By now, the government has learned that the old saying is true: "A picture speaks a thousand words." Even though reporters had been writing about torture in Iraq months before the Abu Ghraib photos leaked, it was the images that captured the public's attention. And even though we know that the CIA has used "enhanced interrogation techniques" our lawyers are still fighting in court over tapes the CIA may or may not have destroyed.

That's why, when acting head of Immigration and Customs Enforcement (ICE) Julie Myers was asked at her confirmation hearings about pictures she had taken at an ICE Halloween party with a man in dark makeup, a dreadlocked wig and prison stripes, which she awarded the "most original" costume of the night, she responded that all pictures had been destroyed. Sound familiar? She said that when she realized her error in judgment, she ordered that all pictures of the ICE employee be deleted.

Then along comes CNN with a Freedom of Information Act request and, guess what? The pictures were found!

When the Halloween episode happened, ACLUM's Board President wrote a letter to the editor in the Boston Globe. Now that the photos are available, maybe Congress will step up and ask the questions that naturally follow. Did Julie Myers know about the existence of the photos when Congress asked her for them? Did others in her office? And, is it appropriate for a person with such insensitivity toward issues of race and justice to head the law enforcement agency that plans to detain and deport 200,000 immigrants this year?

Torture: Where’s the Outrage?

A few years ago I picked up an ACLU bumper sticker printed with this question. After years of reading about renditions, Guantanamo, “stress positions,” waterboarding, etc., I feel more ashamed than outraged. Taxi to the Dark Side is a new film that chronicles our government’s role as torturer and could help to spark some much-needed outrage. The Boston Globe’s film critic characterized it as a “military-torture documentary.” (One line of the review certainly resonated: “Cabalistic government doings always freak me out....”) I don’t think I can handle watching more than the trailer, so if you see the film, please leave a comment.

News: Federal Court: No Parent Notification on Gay-Themed Books OK

Joan Oleck at School Library Journal quotes Sarah Wunsch, our Staff Attorney, in this article about the federal court rulings allowing schools to continue using books that teach about diverse families, including families headed by gays and lesbians.

Don't let a tragedy chill civil liberties

A tragic sexual assault on a child is a tough case in which to question public safety measures. But a case reported last week raises issues that should be examined, from a proposal to bar the public from entering a library, to reporting that casts blame on judges and assumes that prisoners should not be released after serving their full sentences. According to an article in the Boston Globe (2/1/08), a sex offender released in 2006 was charged with raping a child in a library in New Bedford. While the facts alleged are disturbing, the public would be better served by a more in depth explanation of civil commitment proceedings and the specific "sexual dangerousness" standard that was not met at the offender’s 2006 hearing after he served his sentence. Instead, the judge will now be vilified.

The following day's article (“Despite objections, many sex offenders freed” Boston Globe 2/2/08) further alarmed the public. However, it failed to question the practice by some prosecutors of seeking last-minute civil commitments based on decades-old information to keep offenders locked up. Are we now so used to the idea of indefinite detention that we expect it to be the norm after a prison sentence is served?

This week the rape charge led the mayor of New Bedford to call for blocking the public from the public library, unless we submit to carrying special, barcoded IDs (Boston Globe 2/6/07). Are we again willing to give up privacy and public access for the promise of security?

CIA monitoring YouTube

Since even private phone conversations and email are monitored, I guess this monitoring of YouTube and social networking sites doesn't really come as a surprise.

Thanks to George Jenkins at I've Been Mugged for pointing this out.

Scolding AT&T

Tech writer Joel Johnson appeared recently on a tech talk-show called The Hugh Thompson Show. It's carried by the AT&T Tech Channel.

Johnson used the opportunity to take AT&T to task for its filtering of the Internet and collusion with the National Security Agency. You can read his account of how this went over, and also watch the video yourself.