Tag Archives: Fourth Amendment

A Secret CBP Team is Targeting and Detaining Innocent Travelers. We’re Suing.

For too long, the government has acted as if it has carte blanche at the border. No more.

By Tarek Ismail  and Scarlet Kim. Published 12-18-2019 by ACLU

In fiscal year 2017 alone, these teams denied entry to over 1,400 individuals with valid travel documents. (Photo: CBP/flickr)

 

U.S. Customs and Border Protection is deploying secret teams that target, detain, and interrogate innocent travelers. We’re suing to expose their activities.

In November 2018, three CBP officers detained Andreas Gal, a former chief technology officer at Mozilla Corporation and current Apple employee, at San Francisco International Airport after he landed from a business trip to Sweden. Andreas was offered no reason for the detention, except a receipt from a Global Entry kiosk that was marked with the letters “TTRT.” Continue reading

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With Little Fanfare, William Barr Formally Announces Orwellian Pre-Crime Program

A recent memorandum authored by Attorney General William Barr announced a new “pre-crime” program inspired by “War on Terror” tactics and is set to be implemented next year.

By Whitney Webb. Published 10-25-2019 by MintPress News

Graphic by Claudio Cabrera

Last Wednesday, U.S. Attorney General William Barr issued a memorandum to all U.S. attorneys, law enforcement agencies and top ranking Justice Department officials announcing the imminent implementation of a new “national disruption and early engagement program” aimed at detecting potential mass shooters before they commit any crime.

Per the memorandum, Barr has “directed the Department [of Justice] and the FBI to lead an effort to refine our ability to identify, assess and engage potential mass shooters before they strike.” The Attorney General further described the coming initiative, slated to be implemented early next year, as “an efficient, effective and programmatic strategy to disrupt individuals who are mobilizing towards violence, by all lawful means.” More specific information about the program is set to follow the recent memorandum, according to Barr, though it is unclear if that forthcoming document will be made public. Continue reading

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‘Chilling’: Mississippi City Claims Undocumented Man Killed by Police Had No Constitutional Rights

“We’re stunned that someone put this in writing,” a lawyer for Ismael Lopez’s family said.

By Julia Conley, staff writer for Common Dreams. Published 9-30-2019

A city in Mississippi is arguing that 41-year-old Ismael Lopez, who was killed by police who apparently mistook him for a domestic violence suspect, had no constitutional rights because he was an undocumented immigrant. (Photo: Kurman Communications/Flickr/cc)

A court filing publicized late last week drew outrage on Monday over the case of Ismael Lopez, a 41-year-old man who was killed by police two years ago in Southaven, Mississippi.

To avoid responsibility for the man’s death, attorneys for the city are arguing that Lopez had no constitutional rights due to his status as an undocumented immigrant—blatantly contradicting U.S. law and numerous rulings by the U.S. Supreme Court. Kristen Clarke, executive director of the Lawyers’ Committee for Civil Rights Under Law, was among the immigrant rights defenders who drew attention to the case on social media. Continue reading

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‘Not a Good Answer’: Privacy Advocates Reject Democratic Proposal for ‘Technological Wall’ With Expanded Border Surveillance

“‘More surveillance’ has become the default answer to far too many difficult policy questions.”

By Julia Conley, staff writer for Common Dreams. Published 1-11-2019

A U.S. surveillance tower seen from Nogales, Mexico, near the wall that runs between Mexico and the United States. (Photo: Jonathan McIntosh/Flickr/cc)

Progressives in recent weeks have applauded Democrats’ refusal to bend to President Donald Trump’s demands for a wall at the U.S.-Mexico border, a key component of his xenophobic anti-immigration agenda. But on Friday, digital rights advocates called on Democratic lawmakers to expand their fight against the wall into a fight for all human and constitutional rights—instead of suggesting alternative “border security” proposals that would infringe on civil liberties.

Fight for the Future launched a campaign Friday to fight against House Speaker Nancy Pelosi’s (D-Calif.) suggestion on Thursday that a so-called “technological wall” would be an appropriate alternative to Trump’s planned concrete or steel wall. Continue reading

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Warning of Propaganda ‘Loudspeakers’ in Every American’s Pocket, Lawsuit Aims to Stop Trump’s Unblockable Text Messages

The suit argues the presidential alert system violates “Americans’ First and Fourth Amendment rights to be free from government-compelled listening.”

By Jake Johnson, staff writer for Common Dreams. Published 10-2-2018

Photo: Gage Skidmore [CC-BY-SA 3.0] via Wikimedia Commons

With President Donald Trump set to send out the first unblockable “presidential alert” to every single U.S. resident with a cellphone on Wednesday, three New Yorkers are attemping to stop the intrusive text messages with a lawsuit arguing that the new emergency alert system “is tantamount to hijacking private property for the purpose of planting a government-controlled loudspeaker in the home and on the person of every American.”

Filed last week in the U.S. District Court in Manhattan by three New York activists—J.B. Nicholas, Kristine Rakowsky and Liane Nikitovich—the suit (pdf) claims the presidential alert system violates “Americans’ First and Fourth Amendment rights to be free from government-compelled listening, as well as warrantless, non-consensual trespass into and seizure of their cellular devices.”

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Just Who Is ICE Targeting? Journalist Claims His Arrest Retaliation for Critical Reporting

At the time of his arrest while covering a protest, “I was doing my work and nothing more, like any other journalist does,” says Manuel Duran.

By Andrea Germanos, staff writer for Common Dreams. Published 7-9-2018

Manual Duran, seen on the left, is arrested by police on April 3, 2018. (Photo: screengrab/YouTube)

Amid new revelations showing that Trump’s Immigration and Customs Enforcement (ICE) appears to be increasing its indiscriminate arrests of undocumented immigrants—not prioritizing those with serious criminal records—one journalist in custody and facing possible deportation says in a new interview that he believes his arrest was absolutely the result of his reporting critical of the Memphis Police Department and Department of Homeland Security.

At the time of his arrest in April, “I was doing my work and nothing more, like any other journalist does,” 42-year-old Manuel Duran told The Daily Beast in Spanish. He said he believes he was apprehended “without a doubt” as a result of his reporting. Continue reading

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Cops Are Now Using Dead People’s Fingers to Unlock iPhones

By The Anti-Media. Published 3-27-2018

Screenshot: YouTube

According to Forbes, which spoke with sources close to local and federal investigations, it’s becoming standard operating procedure for cops to use dead people’s fingerprints to unlock their Apple iPhones.

FBI forensic specialist Bob Moledor detailed for Forbes the first known instance of law enforcement making such an attempt, during an investigation into the motives of an attacker killed by Ohio police back in 2016. Continue reading

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Uproar After Congress Sneaks Attack on Digital Privacy Rights Into Omnibus Spending Bill

Attaching it to massive spending deal, lawmakers rush through controversial bill that allows law enforcement to hand over personal data without a warrant

By Jessica Corbett, staff writer for CommonDreams. Published 3-22-2018

Critics of the CLOUD Act ” are rightfully pointing out that it jettisons current human rights protections in favor of vague standards that could gut individual rights.” (Photo: Electoric Frontier Foundation)

Buried in the 2,232-page omnibus spending bill that the U.S. House passed Thursday is a piece of legislation that digital privacy advocates warn “expands American and foreign law enforcement’s ability to target and access people’s data across international borders.”

The Clarifying Lawful Overseas Use of Data or CLOUD Act (S. 2383 and H.R. 4943) would add an official provision for U.S. law enforcement to access “the contents of a wire or electronic communication and any record or other information” for people all across the globe, regardless of where they live and what that nation’s privacy laws dictate. It would also create a “backdoor” into Americans’ data, enabling the U.S. government to bypass its citizens’ Fourth Amendment rights to access and even use their data. Continue reading

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‘Insidious’ and ‘Dangerous’: Digital Privacy Groups Issue Urgent Warning Over CLOUD Act

Critics say the bill, which could be pushed through Congress this week, would enable U.S. authorities to skirt Fourth Amendment rights to collect Americans’ data and use it against them

By Jessica Corbett, staff writer for CommonDreams. Published 3-19-2018

Critics warns that proposed federal legislation “would let police access our data without having to comply with the Fourth Amendment.” (Photo: Fight for the Future/Twitter)

Civil libertarians and digital rights advocates are alarmed about an “insidious” and “dangerous” piece of federal legislation that the ACLU warns “threatens activists abroad, individuals here in the U.S., and would empower Attorney General Sessions in new disturbing ways.”

The Clarifying Lawful Overseas Use of Data or CLOUD Act (S. 2383 and H.R. 4943), as David Ruiz at Electronic Frontier Foundation (EFF) explains, would establish a “new backdoor for cross-border data [that] mirrors another backdoor under Section 702 of the FISA Amendments Act, an invasive NSA surveillance authority for foreign intelligence gathering” recently reauthorized by Congress. Continue reading

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Geek Squad’s Relationship with FBI Is Cozier Than We Thought

 

By Aaron Mackey. Published 3-5-2018 by Electronic Freedom Foundation

After the prosecution of a California doctor revealed the FBI’s ties to a Best Buy Geek Squad computer repair facility in Kentucky, new documents released to EFF show that the relationship goes back years. The records also confirm that the FBI has paid Geek Squad employees as informants.

EFF filed a Freedom of Information Act (FOIA) lawsuit last year to learn more about how the FBI uses Geek Squad employees to flag illegal material when people pay Best Buy to repair their computers. The relationship potentially circumvents computer owners’ Fourth Amendment rights. Continue reading

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