February 10, 2018

Senator Benjamin Cardin

509 Hart Senate Office Building
Washington, DC 20510

Re: Free Concerns Raised by ​“​Putin's Asymmetrical Assault on Democracy in Russia

and Europe: Implications for U.S. National Security”

Dear Senator Benjamin Cardin,

We, the undersigned national and local civil liberties groups, are writing to you out of
concern with your new report “Putin's Asymmetrical Assault on Democracy in Russia and
Europe: Implications for U.S. National Security.” We understand that it is valid to be concerned
about a foreign power interfering in our internal political process. However, we are also aware
how attempts to root out foreign subversion can quickly morph into restrictions on domestic
speech. While your report focuses on a number of legitimate concerns, such as military
invasions, cyber attacks, organized crime, or corruption, your focus on “disinformation” and
support for “fringe political groups” is cause for concern. Additionally, the recommendation to
“hold social media companies accountable” for so-called disinformation is extremely troubling.

The chapter “Old Active Measures and Modern Malign Influence Operations” conflates
political dissent with Soviet/Russian influence campaigns. For example, it claims that the Soviet
Union “​focused on influencing the arms control and disarmament movements, for example, by
promoting the European peace movement” ​and by trying “​to influence American churches,
religious organizations, and religious leaders” ​to support peace and disarmament causes. In the
modern era, your report claims that “​RT and Sputnik target a diverse audience: both far-right
and far-left elements of Western societies, environmentalists, civil rights activists, and
minorities” ​ and that “​Russian-backed social media accounts linked to the IRA paid for
advertisements to promote disinformation and encouraged protests and rallies on both sides of
socially divisive issues, such as promoting a protest in Baltimore while posing as part of the
Black Lives Matter movement.”
 We are disturbed by the inferences that can be drawn from this chapter, which would
malign US persons participating in constitutionally protected speech. Equally troubling is the
choice of the descriptor “socially divisive issues” attached to constitutionally protected
movements for racial justice. There is a wider discourse that asserts Russia seeks to sow
discord by fostering political dissent. This tars dissent as being somehow beneficial to Russia
and thus harmful to the US. Dissent is essential to a democratic society. One cannot safeguard
democracy against foreign interference while delegitimizing dissent at home.

Other than support for the Honest Ads Act, the recommendations on holding social
media accountable do not contain calls for state action. However, the idea that social media
providers should be held “accountable” for third party information deemed “foreign
disinformation” by the state has troubling implications. It is made all the more troubling by the
fact that your report not only focused on information that is false, but on alleged Russian
promotion of particular points of view. It is unclear how social media companies are supposed to
interpret this.

It is entirely legitimate to safeguard the political process from foreign interference.

However, our history is rife with such concerns being used to suppress domestic dissent. We
are deeply disturbed that your report, by focusing in on constitutionally protected social
movements or calling for social media to be held accountable, is moving in that direction.

Sincerely,

Defending Rights & Dissent

Montgomery County Civil Rights Coalition
National Lawyers Guild-Maryland Chapter