[iwar] ACLU Online: New Anti-Terrorism Law Further Strips Federal Judiciary of Authority (fwd)

From: Fred Cohen (fc@all.net)
Date: 2001-11-08 05:01:26


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Date: Thu, 8 Nov 2001 05:01:26 -0800 (PST)
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Subject: [iwar] ACLU Online:  New Anti-Terrorism Law Further Strips Federal Judiciary of Authority (fwd)
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Per the message sent by ACLUOnline@aclu.org:

*********************************

IN THIS ISSUE:
-- New Anti-Terrorism Law Further Strips Federal Judiciary of Authority
-- Face-Recognition Software Offers Neither Security Nor Liberty
-- News and Action: Racial Profiling in California; Gay Rights Victory in Washington State
-- What YOU Can Do to Protect Our Freedoms

*********************************

NEW ANTI-TERRORISM LAW FURTHER STRIPS FEDERAL JUDICIARY OF AUTHORITY

At first glance, the anti-terrorism legislation recently signed into law
by President Bush may appear to be only a means to give law enforcement
officials the necessary tools to find terrorists and prevent future
attacks. 

But in reality, the USA Patriot Act continues an alarming trend known as
court-stripping -- removing authority from the judiciary -- in times of
crisis.  The origins of this trend are examined in "Upsetting Checks and
Balances: Congressional Hostility Tow ard the Courts In Times of
Crisis," a special report released last week at an ACLU forum in
Washington.  Read the report:
http://www.you-click.net/GoNow/a15545a46053a80483590a7

"While we all want our government to prevent future tragedies, we cannot
allow our outrage to serve as justification for laws that trespass on
our rights under the Constitution," said Anthony D.  Romero, Executive
Director of the ACLU. 

"Upsetting Checks and Balances" chronicles the history of assaults on
civil liberties through laws aimed at increasing our collective
security.  The report focuses specific attention on the legislative
response to the April 19, 1995 Oklahoma City bombing. 

 Like this year's USA Patriot Act, the 1996 Anti-Terrorism and Effective
Death Penalty Act granted the government new powers while at the same
time insulating certain enforcement actions -- notably death sentences
-- from meaningful oversight by federal j udges. 

And within months of the passage of the 1996 anti-terrorism bill,
Congress enacted two other laws -- the Illegal Immigration Reform and
Immigrant Responsibility Act and the Prison Litigation Reform Act --
that prevent judges from reviewing the exercise of
 executive authority over disfavored minorities. 

Some of the provisions in the 1996 court-stripping laws flatly deprive
courts of the authority to hear cases.  In others, lawmakers have left
only a hollow review, under which federal judges may hear the claims of
disfavored litigants but are deprived of the legal means to help them. 
The result is no due process for some, and distorted process for others. 

"In passing laws aimed at protecting our security, the government must
consider the harm that such laws can and will cause," said Laura W. 
Murphy, Director of the ACLU's Washington National Office.  "Families
torn apart by deportation, long-time legal res idents deported to a
country they have never known and the execution of innocent people are
just a few examples of the consequences."

The new ACLU report and additional information about the anti-terrorism
laws can be found on the ACLU's website at:
http://www.you-click.net/GoNow/a15545a46053a80483590a9

*********************************

FACE-RECOGNITION SOFTWARE OFFERS NEITHER SECURITY NOR LIBERTY

The terrorist attacks of September 11 have led airports and other
institutions to look for new ways of improving security, many of which
the ACLU supports. 

One solution under consideration at a number of airports is to check the
identity of passengers using video surveillance and "face recognition"
technology -- dubbed "Ferret" by the Department of Defense.  But it is
abundantly clear that the security benef its of such an approach would
be minimal to non-existent for a very simple reason: the technology
doesn't work. 

Facial recognition software is easily tripped up by changes in hairstyle
or facial hair, by aging, weight changes, and by simple disguises.  A
Department of Defense study found very high error rates even under ideal
conditions, where the subject is starin g directly into the camera under
bright lights. 

The study found that if installed in airports, these systems would miss
a high proportion of suspects included in the photo database, and flag
huge numbers of innocent people -- thereby lessening vigilance, wasting
precious human resources and creating a false sense of security. 

Facial recognition technology carries the danger that its use will
evolve into a widespread tool for spying on Americans as they move about
in public places. 

Click below for a special feature on facial recognition technology:
http://www.you-click.net/GoNow/a15545a46053a80483590a8
********************************

NEWS ROUND-UP

ACLU SUES GOVERNOR DAVIS FOR ELIMINATING RACIAL PROFILING PROVISIONS
FROM BUDGET

A coalition of rights groups, racial profiling victims and taxpayers has
filed a lawsuit charging that Governor Gray Davis (D) of California
exceeded his authority when he eliminated key racial profiling data
collection requirements from this year's budge t. 

"For several years, Davis has done everything in his power to block data
collection legislation and thwart progress on the issue of racial
profiling," said Michelle Alexander, Director of the ACLU of Northern
California's Racial Justice Project, which fil ed the lawsuit together
with a local law firm.  "Now the governor has actually exceeded his
powers under the state constitution in his misguided zeal to block
meaningful reform."

The legal papers in the case and a fact sheet entitled "The Five
Essential Elements of Voluntary Data Collection" are online at:
http://www.you-click.net/GoNow/a15545a46053a80483590a1

WASHINGTON STATE SUPREME COURT UPHOLDS FAIRNESS FOR GAY COUPLES

In a victory for equal treatment under the law, the Washington State
Supreme Court last week upheld the right of gay partners to an equitable
share of property jointly acquired while they were a couple. 

The ACLU of Washington submitted a friend-of-the-court brief in the
case, Vasquez v.  Hawthorne, urging the court to recognize that
equitable property distribution is a matter of fundamental fairness for
ALL couples. 

Click below to learn more about the Court's ruling:
http://www.you-click.net/GoNow/a15545a46053a80483590a4

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