accountability

Should Congress create a public’s right to appeal secret FISA court rulings?

A former judge on the Foreign Intelligence Surveillance Court suggests a mechanism to allow appeals of secret court proceedings while still safeguarding national security. In a New York Times op-ed column, senior federal judge James G. Carr advocates appointment of “independent lawyers with security clearances to serve ‘pro bono publico’ — for the public’s good — to challenge the government when an application for a FISA order raises new legal issues.” Full story

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A judge’s ‘blow against government secrecy’

The “national security letters” issued by the FBI seeking private information about individuals’ bank accounts, communications and other activities are unconstitutional because they ban recipients from even acknowledging they exist. U.S. District Judge Susan Illston of San Francisco ruled that the FBI must cease issuing the gag orders, but put the decision on hold in anticipation of a government appeal, according to the San Francisco Chronicle, which characterized the order as a “blow against government

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Government’s dangerous crackdown on whistle-blowers

In a New York Times op-ed, two esteemed First Amendment advocates argue that the Private Bradley Manning case underscores a grave threat to the press and public — no matter what you think of Manning’s judgment when he released volumes of documents to WikiLeaks. While attorney Floyd Abrams argues that Manning acted carelessly, Harvard law professor Yochai Benkler asserts that Manning behaved much like Daniel Ellsberg, who famously released the Pentagon Papers — secret documents

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Berkeley PD’s $24,000 chat with a reporter

The city of Berkeley will spend up to $24,000 for a consultant to review the police department’s media policies. The move follows the chief’s decision to have an officer make a midnight call on a reporter whose story irked the chief. Chief Michael Meehan ordered Sgt. Mary Kusmiss to the home of reporter Doug Oakley at 12:45 a.m. March 9. Meehan was dissatisfied with a story on a town hall meeting about whether police should

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Federal court shields Google/NSA partnership from public scrutiny

The U.S. Court of Appeals from D.C. ruled that interchanges between Google and the National Security Agency on cybersecurity and encryption are not part of the public record. The Electronic Privacy Information Center used a Freedom of Information Act request to seek the records following a cyber attack against Google in 2012. -db From The Blog of Legal Times, May 11, 2012, by Mike Scarcella. Full story

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