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From the American Civil Liberties Union
From "America Unrestored" available for download at:
www.aclu.org/america-unrestored
National Security and Privacy
Spying on Americans
1. "Issue an executive order recognizing the president’s
obligation to comply with FISA and other statutes, requiring the executive
branch to do so, and prohibiting the NSA from collecting the communications, domestic
or international, of U.S. citizens and residents."
2. "Issue an executive order prohibiting new FISA powers from
being used to conduct suspicionless bulk collection."
3. "Re-examine the recent amendments to Executive Order 12333
and revise the order to limit and regulate all intelligence community
activities and to fully protect the privacy and civil liberties of U.S.
citizens and residents. In particular, the new Executive Order should:
a. Limit the ODNI, CIA and NSA to collecting and evaluating
foreign intelligence information.
b. Prohibit the National Security Agency from intercepting
international communications of U.S. persons, absent a warrant based on
probably cause.
c. Prohibit the military from playing any role in civilian
surveillance within the United States, or in surveillance of U.S. persons
aboard.
d. Establish minimization procedures that prevent the collection
of information regarding U.S. persons not reasonably suspected of involvement
in espionage, terrorism or other criminal activity, and require the prompt
destruction of U.S. person information inadvertently collected.
e. Restrict the FBI to investigating criminal activities,
including espionage and terrorism, and eliminate foreign and domestic
intelligence investigations of groups or individuals unrelated to criminal
offenses.
f. Prohibit the exchange of personally identifiable information
between agencies except for evidence of espionage or other criminal activity,
which may be transmitted to agencies responsible for investigating or
prosecuting such violations.
g. Make publicly available any and all internal policies,
procedures or memoranda produced by or for the intelligence and law enforcement
agencies regulated under E.O. 12333, which interpret or qualify provisions of
that order.
h. Make all minimization procedures designed to protect the
privacy and civil liberties of U.S. persons public, as well and any internal
policies or memoranda that interpret these procedures.
i. Order the attorney general to launch an investigation to
determine if any laws were broken or to appoint a special counsel to do the
same."
Monitoring of Activists
1. "Direct the attorney general and other relevant agency
heads (e.g., Defense and Homeland Security) to end government monitoring of political
activists."
2. "Issue an executive order directing the relevant agencies
to refrain from monitoring political activists unless there is reasonable
suspicion that they have committed a criminal act or are taking preparatory
actions to do so."
3. "Direct the attorney general to repeal the new Attorney
General Guidelines regarding FBI investigations, and replace them with new
guidelines that protect the rights and privacy of innocent persons. The new
guidelines should:
a. Prohibit the use of intrusive investigative techniques absent
specific and articulable facts that give a reasonable indication that the
subject of the investigation is engaging in a violation of federal law.
b. Specifically prohibit the use of race, religion, national
origin, or the exercise of First Amendment-protected activity as factors in
making decisions to investigate persons or organizations.
c. Specifically prohibit the reporting of and keeping files on
persons engaging in peaceful political activities."
Watchlists
1. "The President should issue an executive order requiring
watchlists to be completely reviewed within 3 months, with names limited to
only those for whom there is credible evidence of terrorists ties or
activities."
2. "Repeal Executive Order 13224, which creates mechanisms
for designating individuals and groups as terrorist suspects and preventing US
persons and companies from doing business with them – a power of such breadth
that, the record shows, it inevitably leads to the designation of many innocent
people and does more harm than good."
Civil Liberties Oversight Board
1. "Appoint all members to the Privacy and Civil Liberties
Oversight Board and strong urge the Senate to hold prompt confirmation hearings
for the candidates."
2. "The president’s first budget proposal should contain
sufficient funds to actually bring the board back into existence as an
effective entity." – Fiscal Year 2010 budget includes $2 million for the
PCLOB
3. "The U.S. attorney general should create a mechanism for
issuing subpoenas at the request of the Board. For example, this can be done
through the creation of a Memorandum of Understanding between the board and the
attorney general in which the attorney general promises to enforce subpoenas
issued by the board’s request unless he or she certifies that such a subpoena
would be unlawful."
Freedom of Speech
Political protest
1. "Issue an executive order directing the Secret Service to
end the use of so called “free speech zones,” and repeal procedures in the
Presidential Advance Manual for deterring political protest."
2. "The Advance Manual must be revised to afford full First
Amendment protection to all demonstators or protestors and limit safeguards to
only those individuals who engage in or have stated they will engage in activity
unprotected under Bradenburg v. Ohio."
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