DEFENDING DISSENT FOUNDATION NEWS

August Sustainer Update 2013

Dear Troublemakers: We're on a high terror alert: 17 embassies and consulates are closed and Americans are warned to leave Yeman and to be careful elsewhere in the world. Is it a ruse to convince us that the NSA surveillance programs should not be reformed? If so, it hasn't convinced me, and I'm sure it hasn't convinced you either. Here's why: 1. We are fighting the NSA's ability to collect, review and retain the communications of U.S. persons unconnected with crime or terrroism-- not people who are legitimate targets of surveillance. According to news reports, the NSA picked up communications between two known al-Qaeda leaders who are certainly not in the United States. Having data on my phone call to the dentist isn't helping. 2. Since 9/11, the NSA has picked up vast new authorities and mind-boggling technical capabilities. Yet, according to the Washington Post, "members of congress who were briefed on the threat said Sunday that it resembled the 'chatter' or streams of intelligence that preceded the Sept. 11, 2001 attacks." Really? So the data we're picking up now with all these new technologies and authorities is just like what the NSA was able to pick up 12 years ago? Kind of makes our case: the problem is not lack of data, but lack of analysis or ability to pay attention to what we are learning. 3. Administration officials, in trying to prove the Snowden leaks caused great damage, have argued that the terrorists are already changing the way they communicate to evade NSA surveillance. Apparently the top two al-Qaeda leaders didn't get the memo and continued chattering away within earshot of the NSA. That said, it's been a busy summer, so please enjoy our August update,

James Comey to Head FBI

The Senate approved Comeys nomination to lead the FBI 93-1. He's often seen as a hero for standing up against the Bush warrantless wiretaps (with his famous midnight dash to Ashcrofts hospital bed). Forgotten in all the hagiography are a few facts.. pg 2.

What the NSA Knows About You (& Me)

DDF greeted the revelations of massive surveillance with action alerts, protests, letters, phone calls and meetings with Congress demanding an end to surveillance of Americans (including non-citizens) with no connection to crime or terrorism. Now, let's sit back and take a look at what we've learned, and where do we go from here.... ......................... pg 2

The Unknown Dangers of Sidewalk Chalk

Sidewalk chalk washes off in the rain. Parents let their kids go wild covering sidewalks across suburbia. But in the hands of an activist, chalk is a tool of vandalism and able to disturb the peace. Read about two silly cases this summer............................................................................................................... pg 3

Other Crazy Protest Cases

Veterans for Peace and Transform Now Ploughshares have their day in court. Peace activists and pacifists -- you know someone is going to be convicted on terrorism charges.................................................................................................................. pg 3

Grand Jury Resistance

A grand jury in New York is being used to create fear and disrupt the anarchist movement in New York. It's not working.......................................................... pg 3

James Comey to Head FBI

The Senate approved James Comeys nomination to lead the FBI 93-1. Comey was regarded as a real hero for standing up against the Bush warrantless wiretaps (with his famous midnight dash to Ashcrofts hospital bed). Forgotten in all the hagiography are a few facts Although Mr. Comey refused to approve the program Bush wanted, he went on to approve a slightly revised but still illegal and unconstitutional warrantless wiretap program. The so-called anti-torture members of the Senate were satisfied that Comeys agreed that waterboarding is torture during his confirmation. But they overlook the fact that as a member of the Bush administration, he approved of waterboarding, sleep deprivation, stress positions and other torture practices. He justified that stance during his hearing by claiming the law was complicated. Apparently they are fine with an FBI director who has trouble interpreting straightforward laws. Comey approved of the indefinite detention of Jose Padilla (a U.S. citizen held for 3.5 years as an enemy combatant). Again, it was complicated. Also at his confirmation hearing, Comey voiced unqualified support for the NSA surveillance programs revealed by Edward Snowden. Only Senator Rand Paul voted against Comeys nomination. Senators Wyden and Merkely voted present because Comey refused to answer questions about his stance on various surveillance authorities (read Wydens statement here). DDFs focus throughout the confirmation process was on institutional/structural problems at the FBI, particularly the Attorney Generals Guidelines for Domestic Operations, Domestic Intelligence Operations Guidelines and the DOJ Guidance on Racial Profiling. These are the policies that lay out the rules for FBI investigations to protect our rights. Since the original AG Guidelines were enacted in 1976 to prevent another COINTELPRO, they have been steadily eroded, and Congress stands idly by. We urged members of the Senate Judiciary Committee to set clear expectations for transparency and oversight during Comeys confirmation hearing. Read our talking points for members of the committee here.

What the NSA Knows about You (& Me)

DDF greeted the revelations of massive surveillance with a flurry of action alerts, protests, letters, phone calls and meetings with Congress demanding an end to surveillance of Americans (including non-citizens) with no connection to crime or terrorism. Now, let's sit back and take a look at what we've learned, and where do we go from here What have we learned? Our worst fears about authorities granted under the PATRIOT Act and FISA Amendments Act have been realized. Our intern, Michael McCall provides a summary of NSA programs to collect bulk data on Americans, and pretty much everybody else: Snowden Revelations Book I discusses the mass collection of our phone records, as well as the Prism internet surveillance program and a database called Boundless Informant. Snowden Revelations Book II summarizes what we know about XKeystroke, another internet surveillance tool. Whats Congress doing about it? No fewer than 20 bills have been introduced to address mass surveillance, transparency and Foreign Intelligence Surveillance Court (FISC) reform. The Amash/Conyers amendment to the Defense Appropriation bill is the only measure to be voted on thus far, it would have ended funding for NSA collection of phone records of Americans who are not targets of an investigation. It was a broad measure, but came surprisingly close to passing: 205-217 with bi-partisan support. (see how your Representative voted here, and send them a quick message of thanks or condemnation). The American Library Association is keeping a chart of bills that have been introduced, which is available here. Representatives Amash and Conyers have introduced a stand-alone bill, HR2399, the LIBERT-E Act, which expands on their amendment to prohibit blanket data collection, adding disclosure of FISC opinions, reports and decisions and other transparency measures. Read the bill here, and Rep. Conyers summary of the bill here. The bill has 50 co-sponsors. Also in the House, Rep. Holt (D-NJ) has introduced HR2818 to repeal the PATRIOT Act, the FISA Amendments Act, and to provide whistleblower protections. Several bills are also pending in the Senate. Senator Leahys FISA Accountability and Privacy Protection Act of 2013 (S1215) is comprehensive, but not as strong as the LIBERT-E act.

The Unknown Dangers of Sidewalk Chalk

Sidewalk chalk washes off in the rain. Parents let their kids go wild covering sidewalks across suburbia. But in the hands of an activist, chalk is a tool of vandalism and able to disturb the peace. Harrisburg, PA: In June, AJ Marin was arrested for disorderly conduct after a healthcare protest at the Pennsylvania State Capitol for writing derogatory remark about the governor on the sidewalk using kids chalk. The citation asserted that the action served no legitimate purpose. San Diego, CA: On July 1, Jeffrey David Olson was accused of vandalism in San Diego after writing in chalk on sidewalks in front of Bank of America branches in 2012. He faced up to 13 years in prison, but the 40 year-old activist turned down a plea deal which would have allowed him to do community service (removing graffiti) rather than serving jail time because he felt the First Amendment protected his action. "It's shocking, it's really shocking," Olson told reporters. "I never thought in a million years that using washable sidewalk chalk on a city sidewalk could be considered vandalism. That was unfathomable to me." A judge ordered his case to trial, where a jury promptly found him not-guilty. San Diegos mayor and public opinion in general condemned the prosecution.

Other Crazy Protest Cases Veterans for Peace

On October 7, 2012, members of Veterans for Peace and supporters assembled in the cold and rain at the Vietnam Veterans Memorial in NY to demand an end to the war in Afghanistan and to read the names of the fallen. They began at 9 p.m. and were not finished when the outdoor memorial was supposed to close. Rather than support the First Amendment rights of the veterans, NYPD decided to enforce the more important law and arrest 17 peaceful protestors for violating the municipal park curfew. To be clear, this park is a concrete plaza in New York City with an arbitrary closing time of 10 p.m. The vets went on trial in July, arguing that the First Amendment surely should protect a group of veterans gathered at a veterans memorial. The judge was unwilling to take a stand either way, finding the protestors guilty, but then dismissing the charges.

Transform Now Ploughshares

As we reported in the spring, three members of Transform Now Ploughshares were facing inflated charges for a protest at the Oak Ridge, TN nuclear weapons plant. In the tradition of the Plowshares Movement, the three entered a nuclear facility and did minor damage. But, in the process of their protest, they exposed serious security flaws at the facility and embarrassed the heck out of the Department of Energy, which runs the plant. The initial charge of trespass (a misdemeanor), was eventually increased to sabotage and felony property damage. In May, Greg Boertje-Obed, Michael Walli and Megan Rice were found guilty on all counts. AND, the judge has ruled they will be kept in jail until sentencing in late September, because congress defines the crimes they committed as terrorism. Amazing how our justice system can convict three pacifists of terrorism for a non-violent act of civil disobedience. (Visit the TransformNowPloughshares website)

Grand Jury Resistance

A grand jury in New York is being used to create fear and disrupt the anarchist movement in New York. In 2008, a lone bicyclist left a bomb at an army recruiting center in NYC, causing property damage. Fortunately no one was hurt, but the local JTTF is in a kerfuffle because, even with the help of the massive dragnet surveillance weve been under for the last seven years, including a surveillance video of the bicyclist leaving the bomb, they have not been able to find the perpetrator of this act. A grand jury was convened shortly after the crime, but it turned up nothing. Another grand jury was recently convened. Jerry Koch, a 24 year-old Brooklyn anarchist was called to testify before both grand juries. The first time he refused to talk and was let go. This time after refusing to answer questions, he was thrown in jail. Hes been in jail since May 21. He is not suspected of the crime or any crime but, according to Will Potter, Prosecutors told his lawyers that they think he was at a bar in 2008 or 2009, after the bombing, and that someone else at the bar knew about another person who was involved. Do prosecutors really believe that Mr. Koch has any information about this crime? It certainly seems to be another fishing expedition. Three days before Koch was called before the grand jury, the FBI issued a press release offering $65,000 reward for information about the incident and including this description:

The suspect on the bicycle was last seen wearing a gray sweatshirt and pants of an unknown color. The height, weight, age, sex, and race of the suspect are unknown. But the FBI knows all about disrupting movements. "Jerry was the person everyone could count on to be waiting for them outside of jail, to support them in the courtroom, and to help with their legal defense," his supporters said in a statement. "It is clear that the states goal is not just to pressure Jerry into informing on the radical community, but to take away someone who is an integral part of our communitysomeone who makes us all stronger."