Transactional Records Access Clearinghouse: "On a typical work day Immigration and Customs Enforcement (ICE) took 1,509 individuals into custody, according to the latest available ICE data from November and December 2012. If activity continues at this pace, ICE will detain around 400,000 individuals during the current fiscal year. Seven out of every ten individuals were originally detained in states along the southwest border with Mexico. Three states head the list: Texas (37% of detainees), Arizona (17% of detainees) and California (15% of detainees). Florida and Georgia were the two non-border states with the most individuals detained by ICE. Six additional states -- New York, Louisiana, Virginia, Illinois, Washington and Colorado -- had the next highest levels of enforcement activity. In these states in a typical week, between 100 and 200 individuals were picked up and detained by ICE. For more details, including specific locations within each state, go to the report."

Via LLRX - Negotiating Justice: The New Constitutional Spectrum of Plea Bargaining - Ken Strutin focuses on the impact of the Supreme Court's decisions in Missouri v. Frye and Lafler v. Cooper, and the upcoming appeal in Burt v. Titlow in regard to placing plea bargaining front and center on the national stage. As a result, they have divided practitioners and scholars into two camps: (1) those who consider the rulings to be a new statement in the law of plea bargaining and right to effective assistance of counsel; and (2) those who believe they are only a restatement of established principles. These cases have generated interest in the centrality and regulation of plea bargaining, the ethics and effectiveness of defense counsel as negotiator, the oversight of prosecutors regarding charging decisions, sentence recommendations and pre-trial discovery, and the scope of federal habeas corpus review and remedies. Ken's article is a comprehensive annotated guide to high court opinions, scholarship and commentary regarding the themes addressed by the Supreme Court in Lafler and Frye as well as their implications for the administration of criminal justice.

EPIC: "The Senate Judiciary Committee has approved an Amendment to the immigration bill to limit the range of drones surveillance in the United States. The immigration bill grants the Bureau of Customs and Border Protection authority to operate surveillance drones continuously within the border region. Senator Dianne Feinstein's (D-CA) Amendment reduces the patrol area of surveillance drones from 100 miles around the border to 25 miles. More than two-thirds of the US population lives within 100 miles of the border. In February 2013, EPIC petitioned the Bureau of Customs and Border Protection to suspend the border drone surveillance program pending the establishment of concrete privacy regulations. The petition followed the production of documents to EPIC under the Freedom of Information Act demonstrating that the border drones had the ability to intercept electronic communications and identify human targets. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones."

New York Times: "The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative's top executive called a "massive and unprecedented intrusion" into how news organizations gather the news. The records obtained by the Justice Department listed outgoing calls for the work and personal phone numbers of individual reporters, general AP office numbers in New York, Washington and Hartford, Conn., and the main number for AP reporters in the House of Representatives press gallery, according to attorneys for the AP. It was not clear if the records also included incoming calls or the duration of calls. In all, the government seized the records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown but more than 100 journalists work in the offices where phone records were targeted, on a wide array of stories about government and other matters. In a letter of protest sent to Attorney General Eric Holder on Monday, AP President and Chief Executive Officer Gary Pruitt said the government sought and obtained information far beyond anything that could be justified by any specific investigation. He demanded the return of the phone records and destruction of all copies."

ABCNews: "The Department of Justice complied with the letter of the law and responded to a Freedom of Information Act request from the ACLU seeking insight into the Obama Administration’s policy on intercepting text messages from cell phones. But -- it didn’t release any actual information. Or even any words or letters. As one Reddit comment put it, “[the document is] so transparent it’s completely invisible.” Instead, the Justice Department released 15 pages that were entirely redacted, shaded over in heavy black from top to bottom. All that was visible is the subject of the memo: “Guidance for the Minimization of Text Messages over Dual-Function Cellular Telephones” It is all part of a larger legal battle between civil rights activists and the federal law enforcement about electronic communications. The ACLU has argued that current government surveillance practices on electronic communications violate citizens’ Fourth Amendment rights, which are meant to protect Americans from unlawful searches and seizures. With the FOIA request they were trying to determine if the FBI had properly complied with a 2010 appeals court decision that concerned when email providers must turn over messages to law enforcement and whether the guidelines apply to text messages."

News release: "Today, the Department of Defense released the fiscal 2012 Annual Report on Sexual Assault in the Military and announcing a series of actions to prevent and respond to sexual assault in the armed forces. Annually, as required by the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, the department released Fiscal Year 2012 Annual Report on Sexual Assault in the Military. To date, this is the ninth report DoD has issued. In fiscal year 2012, there were a total of 3,374 reports of sexual assault involving service members as victims or subjects, an increase from the 3,192 reports received in fiscal 2011. These reports involved offenses ranging from abusive sexual contact to rape."

EPIC: "Today the Senate voted to confirm David Medine as the Chairman of the Privacy and Civil Liberties Oversight Board (PCLOB), an agency established to review executive branch actions and to protect privacy and civil liberties after 9/11. EPIC urged the creation of an independent privacy agency after 9/11. At the first meeting of the agency in 2012, EPIC set out several priorities for PCLOB, including (1) suspension of the fusion center program, (2) limitations on CCTV surveillance, (3) removal of airport body scanners, (4) establishing privacy regulation for drones, (5) updating data disclosure standards, and (6) ensuring Privacy Act adherence. For more information, see EPIC: The 9/11 Commission Report and EPIC: The Sui Generis Privacy Agency."

Are all telephone calls recorded and accessible to the US government? A former FBI counterterrorism agent claims on CNN that this is the case, by Glenn Greenwald

"Reporters Without Borders is today, World Press Freedom Day, releasing an updated list of 39 Predators of Freedom of Information
– presidents, politicians, religious leaders, militias and criminal organizations that censor, imprison, kidnap, torture and kill journalists and other news providers. Powerful, dangerous and violent, these predators consider themselves above the law. “These predators of freedom of information are responsible for the worst abuses against the news media and journalists,” Reporters
Without Borders secretary-general Christophe Deloire said. “They are becoming more and more effective. In 2012, the level of violence against news providers was unprecedented and a record number of journalists were killed. “World Press Freedom Day, which was established on the initiative of Reporters Without Borders, must be used to pay tribute to all journalists, professional and amateur, who have paid for their commitment with their lives, their physical integrity or their freedom, and to denounce the impunity enjoyed by these predators."

Citizen Lab [University of Toronto] "released a new report, For Their Eyes Only: The Commercialization of Digital Spying. The report features new findings, as well as consolidating a year of our research on the commercial market for offensive computer network intrusion capabilities developed by Western companies. Our new findings include:

• We have identified FinFisher Command & Control servers in 11 new Countries. Hungary, Turkey, Romania, Panama, Lithuania, Macedonia, South Africa, Pakistan, Nigeria, Bulgaria, Austria.
  
• Taken together with our previous research, we can now assert that FinFisher Command & Control servers are currently active, or have been present, in 36 countries.

World Report on Child Labour: Economic vulnerability, social protection and the fight against child labour - How can we reduce child labour in the less favourable circumstances of a global economic slowdown? [30 April 2013]

"Transparency is a core value at Google. As a company we feel it is our responsibility to ensure that we maximize transparency around the flow of information related to our tools and services. We believe that more information means more choice, more freedom and ultimately more power for the individual. In this report, we disclose:

• Real-time and historical traffic to Google services around the world;
  
• Numbers of removal requests we receive from copyright owners or governments;
  
• Numbers of user data requests we receive from government agencies and courts.
  
• To learn more about the laws governing our disclosure of user data and reforms to those laws that we think are important, visit http://digitaldueprocess.org/. We hope this report will shine some light on the appropriate scope and authority of government requests to obtain user data around the globe."

A Secure Submission System for Online Whistleblowing Platforms. Volker Roth, Benjamin Güldenring, Eleanor Rieffel, Sven Dietrich, Lars Ries (Submitted on 26 Jan 2013) An abridged version has been accepted for publication in the proceedings of Financial Cryptography and Data Security 2013.

Terrorism, Miranda, and Related Matters. Charles Doyle, Senior Specialist in American Public Law. April 24, 2013

The Dangers of Surveillance, Neil M. Richards, Washington University in Saint Louis - School of Law. March 25, 2013, Harvard Law Review, 2013 [Via SSRN]

"The Internal Revenue Service is collecting a lot more than taxes this year -- it's also acquiring a huge volume of personal information on taxpayers' digital activities, from eBay auctions to Facebook posts and, for the first time ever, credit card and e-payment transaction records, as it expands its search for tax cheats to places it's never gone before. The IRS, under heavy pressure to help Washington out of its budget quagmire by chasing down an estimated $300 billion in revenue lost to evasions and errors each year, will start using "robo-audits" of tax forms and third-party data the IRS hopes will help close this so-called "tax gap." But the agency reveals little about how it will employ its vast, new network scanning powers. Tax lawyers and watchdogs are concerned about the sweeping changes being implemented with little public discussion or clear guidelines, and Congressional staff sources say the IRS use of "big data" will be a key issue when the next IRS chief comes to the Senate for approval. Acting commissioner Steven T. Miller replaced Douglas Shulman last November."

"Google's Eric Schmidt and Jared Cohen, fresh from a visit to North Korea in January, on why the Internet is far from an unalloyed good to the citizens of dictatorships around the world."

Privacy Impact Assessment for the Office of Operations Coordination and Planning - Publicly Available Social Media Monitoring and Situational Awareness Initiative, DHS, Update April 1, 2013

EPIC: "The Department of Homeland Security has released a Privacy Impact Assessment for Einstein 3 - Accelerated. Einstein 3 is a government cybersecurity program that monitors Internet traffic. The monitoring includes scanning email destined for .gov networks for malicious attachments and URLs. According to DHS, the basis of the government’s authority to perform the monitoring is National Security Presidential Directive 54. EPIC is pursuing FOIA litigation to force the government to release the Directive to the public. For more information, see EPIC v. NSA - Cybersecurity Authority."

EPIC: "New documents obtained by EPIC in a Freedom of Information Act lawsuit reveal that the Department of Defense advised private industry on how to best circumvent federal wiretap law. The documents concern a collaboration between the Defense Department, the Department of Homeland Security, and private companies to allow government monitoring of private Internet networks. Though the program initially only applied to defense contractors, an Executive Order issued by the Obama administration earlier this year expanded it to include other "critical infrastructure" industries. The documents obtained by EPIC also cited NSPD 54 as one source of authority for the program. NSPD 54 is a presidential directive issued under President Bush that EPIC is pursuing in separate FOIA litigation. For more information, see EPIC: EPIC v. DHS (Defense Contractor Monitoring), and EPIC: EPIC v. NSA - Cybersecurity Authority."

EPIC:

Human Rights and Democracy: The 2012 Foreign & Commonwealth Office Report

"The Constitution Project’s Task Force on Detainee Treatment is an independent, bipartisan, blue-ribbon panel charged with examining the federal government’s policies and actions related to the capture, detention and treatment of suspected terrorists during the Clinton, Bush and Obama administrations. The project was undertaken with the belief that it was important to provide an account as authoritative and accurate as possible of how the United States treated, and continues to treat, people held in our custody as the nation mobilized to deal with a global terrorist threat. On taking office in 2009, President Obama declined to undertake or commission an official study of what happened, saying it was unproductive to “look backwards” rather than forward. Senator Leahy (D – VT) introduced legislation to establish an independent commission to look into the U.S. behavior in the aftermath of the 9/11 attacks, but Congress did not to act on it. In many respects, this Task Force report is the examination of the treatment of suspected terrorists that official Washington has been reluctant to conduct...The Task Force on Detainee Treatment is made up of former high-ranking officials with distinguished careers in the judiciary, Congress, the diplomatic service, law enforcement, the military, and other parts of the executive branch, as well as recognized experts in law, medicine and ethics. The group includes conservatives and liberals, Republicans and Democrats."

CRS - Covert Action: Legislative Background and Possible Policy Questions, Marshall Curtis Erwin, Analyst in Intelligence and National Security, April 10, 2013

Gideon’s Army Produced and directed by Georgetown Law graduate Dawn Porter: "A 2013 Sundance award winning documentary, Gideon's Army follows the personal stories of three young public defenders in the Deep South challenging the assumptions that drive a criminal justice system strained to the breaking point. As of this spring, it has been 50 years since the landmark Supreme Court ruling Gideon v. Wainwright that established the right to counsel. This film is a window into the reality of the work of public defenders. It asks the question, can these courageous lawyers and their colleagues revolutionize the way America thinks about indigent defense and make “justice for all” a reality? The event is free and open to the public. Georgetown University Law Center - McDonough Hall, Hart Auditorium, Map & Directions. Stay for a discussion of the film and the ideas it presents, led by:* Jo-Ann Wallace, President and CEO, National Legal Aid & Defender Association * Abbe Smith - Director, Criminal Defense & Prisoner Advocacy Clinic; Co-Director, E. Barrett Prettyman Fellowship Program; Professor of Law. Screening co-sponsored by: National Equal Justice Library; The Friends of the Georgetown Law Library, Georgetown Law Innocence Project; Georgetown Criminal Law Association, The Georgetown chapter of the National Lawyers’ Guild, Outlaw, and Law Docs." [Hannah Miller]

"EPIC has filed a Freedom of Information Act lawsuit against the FBI to obtain documents about "Next Generation Identification", a massive database with biometric identifiers on millions of Americans. The EPIC lawsuit follows the FBI's failure to respond to EPIC's earlier FOIA requests for technical specifications and contracts. According to EPIC's complaint, "When completed, the NGI system will be the largest biometric database in the world." NGI aggregates fingerprints, DNA profiles, iris scans, palm prints, voice identification profiles, photographs, and other identifying information. The FBI will use facial recognition to match images in the database against facial images obtained from CCTV and elsewhere. For more information, see EPIC v. FBI - Next Generation Identification, EPIC: Biometric Identifiers and EPIC: Face Recognition."

Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses. Richard M. Thompson II, Legislative Attorney. April 3, 2013

Toward an International Law of the Internet, Molly Land, New York Law School, November 19, 2012, Harvard International Law Journal, Vol. 54, 2013 (Forthcoming) via SSRN.

The Dangers of Surveillance, Neil M. Richards. Washington University in Saint Louis - School of Law, March 25, 2013. Harvard Law Review, 2013. Via SSRN

Report of the Select Committee on Intelligence to United States Senate covering the period January 5, 2011 - January 3, 2013, 113th Congress, 1st Session, Senate Report 113-7.

"United States v. Windsor challenges a key section of the 1996 Defense of Marriage Act (DOMA) - The Defense of Marriage Act (DOMA) (Pub.L. 104–199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C)"

EFF: "Law professor and historian Tim Wu has called the Computer Fraud and Abuse Act (CFAA) the “worst law in technology.” The Ninth Circuit Court of Appeals has described the government’s interpretation of it “expansive,” “broad,” and “sweeping.” And Orin Kerr, former federal prosecutor and law professor, has detailed how the government could use it to put "any Internet user they want [in jail]." So it's pretty surprising to see that now, instead of reining in the CFAA’s dangerous reach, the House Judiciary Committee is floating a proposal to dramatically expand it and is reportedly planning to rush it to the floor of Congress during its April “cyber” week...Techdirt’s Mike Masnick posted a new draft and analysis of the CFAA expansion bill on Monday."

• Information Sharing - Additional Actions Could Help Ensure That Efforts to Share Terrorism-Related Suspicious Activity Reports Are Effective [Reissued on March 26, 2013] GAO-13-233, Mar 13, 2013
• International Religious Freedom Act - State Department and Commission Are Implementing Responsibilities but Need to Improve Interaction, GAO-13-196, Mar 26, 2013

"The Presidential Commission for the Study of Bioethical Issues today issued its report concerning federally-sponsored research involving human volunteers, concluding that current rules and regulations provide adequate safeguards to mitigate risk. In its report, Moral Science: Protecting Participants in Human Subjects Research, the Commission also recommended 14 changes to current practices to better protect research subjects, and called on the federal government to improve its tracking of research programs supported with taxpayer dollars."

"The latest available data from the federal courts show that during February 2013 the government reported 950 new lawsuits filed under the category of Employment Civil Rights, according to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC). This number is down 7.9 percent from the previous month and is 13.2 percent lower than the same period one year ago. Such lawsuits are mainly filed for employment-related civil rights discrimination on the basis of race, gender, national origin, disability, age and religion. Read the full report, including a list of those districts in which lawsuits of this kind were filed with the greatest rates relative to population."

News release: "Over the last 13 years, governments, major multinational corporations, and non-governmental organizations have worked together in the Voluntary Principles on Security and Human Rights Initiative, in an effort to make sure that when companies extract resources in some of the most difficult places on earth, they take tangible steps to minimize the risk of human rights abuses in the surrounding communities. On March 13-14, 2013 the Government of the Netherlands hosted the Annual Plenary Meeting of the Voluntary Principles on Security and Human Rights Initiative in The Hague. At the outset of the meeting, the U.S. Government released our first-ever public report on U.S. efforts to implement the Voluntary Principles on Security and Human Rights, in line with our commitment to help make the Voluntary Principles Initiative as transparent as possible."

CNN: "Drones both dazzled and worried senators at a hearing Wednesday about their use within the United States, and lawmakers and experts said that new legislation may be needed to protect the privacy and safety of citizens. Judiciary Committee Chairman Patrick Leahy, D-Vermont, held and studied a small plane weighing just 2 pounds before beginning the hearing. "I am convinced that the domestic use of drones to conduct surveillance and collect other information will have a broad and significant impact on the everyday lives of millions of Americans," said Leahy. Sen. Charles Grassley of Iowa, the ranking Republican on the panel, said the technology may require lawmakers to develop a new definition of an unreasonable search, which is banned under the Constitution's Fourth Amendment."

Democracy Index 2012 [requires free registration to download]: "In 2012 global democracy was at a standstill in the sense that there was neither significant progress nor regression in democracy in that year. Average regional scores in 2012 were very similar to scores in 2011. Free and fair elections and civil liberties are necessary conditions for democracy, but they are unlikely to be sufficient for a full and consolidated democracy if unaccompanied by transparent and at least minimally efficient government, sufficient political participation and a supportive democratic political culture. It is not easy to build a sturdy democracy. Even in long-established ones, democracy can corrode if not nurtured and protected."

CRS - Congress Human Rights in China and U.S. Policy: Issues for the 113th Congress, Thomas Lum, Specialist in Foreign Affairs. March 15, 2013

Follow up to previous postings on Aaron Swartz, news that Aaron is to be honored with freedom of information award by the American Library Association - "A champion of open access rights to documents on the Internet, the 26-year-old activist under prosecution committed suicide earlier this year."

"Ten years after the US-led invasion ended the brutal rule of Saddam Hussein, Iraq remains enmeshed in a grim cycle of human rights abuses, including attacks on civilians, torture of detainees, unfair trials and widespread use of the death penalty, said Amnesty International in a new report today. Amnesty’s 82-page report - Iraq: A Decade of Abuses - catalogues years of torture and other ill-treatment of detainees committed by Iraqi security forces and by foreign troops in the wake of the 2003 invasion. It highlights the Iraqi authorities’ failure to observe their obligations to uphold human rights and respect the rule of law in the face of deadly attacks by armed groups."

News release: "After the “Arab springs” and other protest movements that prompted many rises and falls in last year’s index, the 2013 Reporters Without Borders World Press Freedom Index marks a return to a more usual configuration. The ranking of most countries is no longer attributable to dramatic political developments. This year’s index is a better reflection of the attitudes and intentions of governments towards media freedom in the medium or long term. The same three European countries that headed the index last year hold the top three positions again this year. For the third year running, Finland has distinguished itself as the country that most respects media freedom. It is followed by the Netherlands and Norway. Although many criteria are considered, ranging from legislation to violence against journalists, democratic countries occupy the top of the index while dictatorial countries occupy the last three positions. Again it is the same three as last year – Turkmenistan, North Korea and Eritrea."

"One hundred years ago, suffragists marched on Washington to promote women's rights. In recognition of the anniversary, the National Archives created a Pinterest board where you can view photos, letters, a cartoon, and other documents from that period. Visit WomensHistoryMonth.gov to learn about generations of women who've contributed to American society."

Via The Innocence Project Blog: "A new report funded by the National Institute of Justice titled, Measuring the Effect of Defense Counsel on Homicide Case Outcomes, examines the difference that a lawyer makes to the outcome of serious criminal cases in Philadelphia. Since April 1993, every fifth murder case in Philadelphia is sequentially assigned at the preliminary arraignment to the city’s Defender Association and the other four cases are assigned to appointed counsel. The study showed that compared to private appointed counsel, public defenders make an enormous difference in the outcome of cases by reducing the murder conviction rate by 19%, the probability that their clients receive a life sentence by 62% and overall expected time served in prison by 24%."

Follow up to related postings on TSA body scanners, via EPIC: "A federal judge has granted EPIC victories in two Freedom of Information Act cases involving the controversial airport body scanners. Judge Royce Lamberth in Washington, DC held that the Department of Homeland Security must turn over two safety reports detailing radiation output by the scanners and a set of power point slides containing details on automated target recognition software. The agency previously claimed it was not required to release the documents to EPIC. EPIC has pursued several related Freedom of Information Act cases as a challenge to the deployment of the devices. In 2011, the DC Circuit of Appeals ruled in EPIC v. DHS that the agency must receive public comments on the decision to deploy body scanners for primary screening. For more information see: EPIC: Whole Body Imaging Technology and EPIC v. DHS (Suspension of Body Scanner Program)"

Via SSRN: Human Rights Considerations in International Investment Arbitration, Eric De Brabandere, Grotius Centre for International Legal Studies, March 8, 2013

"As part of the Wikiprogress on Gender Equality series, this progblog article is bought to you by Angela Hariche and Karen Barnes Robinson.

"The use of surveillance drones is growing rapidly in the United States, but we know little about how the federal government employs this new technology. Now, new information obtained by the ACLU shows for the first time that the U.S. Marshals Service has experimented with using drones for domestic surveillance. We learned this through documents we released today, received in response to a Freedom of Information Act request. The documents are available here. (We also released a short log of drone accidents from the Federal Aviation Administration as well as accident reports and other documents from the U.S. Air Force.) This revelation comes a week after a bipartisan bill to protect Americans’ privacy from domestic drones was introduced in the House."

"EPIC Appellate Advocacy Counsel Alan Butler testified before the Maryland House Judiciary Committee on H.B. 887, a location privacy bill that will establish a search warrant requirement for the collection of private location information. Mr. Butler discussed the current state of location tracking and privacy under the state and federal constitutions. The Maryland bill will require a warrant for location tracking and an annual report on electronic surveillance reports, similar to the federal wiretap reports. EPIC recently submitted amicus briefs in State v. Earls and In re US regarding location privacy. For more information, see EPIC: Locational Privacy and EPIC: State v. Earls."

"The Department of Homeland Security has released a previously internal memo regarding the establishment of a working group to "Safeguard Privacy, Civil Rights, and Civil Liberties in the Department's Use and Support of Unmanned Aerial Systems" (drones). The memo states, "[t]he overarching goal of the working group is to determine what policies and procedures are needed to ensure that protections for privacy, civil rights, and civil liberties are designed into DHS and DHS-funded [drone] programs." DHS has developed a program to explore the expansive use of small drones for law enforcement. Customs and Border Protection currently operates 10 Predator B drones in the United States. In testimony before Congress in July 2012, EPIC said that federal agencies operating drones should adopt privacy regulations. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones."

UN General Assembly - Report of the independent international commission of inquiry on the Syrian Arab Republic, 5 February 2013

EPIC - "In the fifth interim release of documents in EPIC v. FBI, a Freedom of Information Act lawsuit, the agency has turned over nearly 300 pages about the surveillance technique directed toward users of mobile phones. The documents obtained by EPIC reveal that agents have been using "cell site simulator" technologies, also known as "StingRay," "Triggerfish," or "Digital Analyzers" to monitor cell phones since 1995. Internal FBI e-mails, also obtained by EPIC, reveal that agents went through extensive training on these devices in 2007. In addition, a presentation from the agency's Wireless Intercept and Tracking Team argues that cell site simulators qualify for a low legal standard as a "pen register device," an interpretation that was recently rejected by a federal court in Texas. For more information, see EPIC v. FBI (StingRay)."

"The National Highway Traffic Safety Administration has proposed regulations for event data recorders (EDR) that will become mandatory in all cars and small trucks by 2014. Building on state privacy laws, EPIC has urged the federal agency to adopt comprehensive privacy safeguards for vehicle owners and operators, including driver ownership of data, limitations on disclosure, and better security for the data collected. EPIC has also launched a national campaign to encourage public comments to the federal agency."

Open Society Foundation: "Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine “black sites” using torture techniques. Globalizing Torture is the most comprehensive account yet assembled of the human rights abuses associated with CIA secret detention and extraordinary rendition operations. It details for the first time what was done to the 136 known victims, and lists the 54 foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, Globalizing Torture: CIA Secret Detention and Extraordinary Rendition makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses."

Description of Civil Liberties and Privacy Protections in the updated NCTC Guidelines, January 2013, Office of the Director of National Intelligence.

EFF: "Representative Zoe Lofgren has posted on Reddit a modified draft of Aaron's Law, a proposal to update the Computer Fraud and Abuse Act and wire fraud law in honor of our friend Aaron Swartz and to make sure that the misguided prosecution that happened to him doesn't happen to anyone else. We're very pleased with the proposal's progress and we're hopeful about the future of this important bill."

CRS - The Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options. Nathan James, Analyst in Crime Policy. January 22, 2013

Google Official Blog: "..January 28, is Data Privacy Day, when the world recognizes the importance of preserving your online privacy and security. If it’s like most other days, Google—like many companies that provide online services to users—will receive dozens of letters, faxes and emails from government agencies and courts around the world requesting access to our users’ private account information. Typically this happens in connection with government investigations. It’s important for law enforcement agencies to pursue illegal activity and keep the public safe. We’re a law-abiding company, and we don’t want our services to be used in harmful ways. But it’s just as important that laws protect you against overly broad requests for your personal information...Today, for example, we’ve added a new section to our Transparency Report that answers many questions you might have. And last week we released data showing that government requests continue to rise, along with additional details on the U.S. legal processes—such as subpoenas, court orders and warrants—that governments use to compel us to provide this information."

Corruption Perceptions Index 2012 - Transparency International

Council of Councils Working Group on the Use of Chimpanzees in NIH-Supported Research Report, January 2013

News release: "This morning, Google released their semi-annual transparency report, and once again, it revealed a troubling trend: Internet surveillance around the world continues to rise, with the United States leading the way in demands for user data. Google received over 21,000 requests for data on over 33,000 users in the last six months from governments around the world, a 70% increase since Google started releasing numbers in 2010. The United States accounted for almost 40% the total requests (8,438) and the number of users (14,791). The total numbers in the US for 2012 amounted to a 33% increase from 2011. And while Google only complied with two-thirds of the total requests globally, they complied with 88% of the requests in the United States."

Via Public Intelligence: "The following request for participants (RFP) was issued by the San Francisco Public Utilities Commission on June 8, 2012. The RFP concerns the construction of a wireless control and communications system for managing the city’s future network of dimmable LED streetlights. The RFP states that future uses for the secure wireless network may include street surveillance, gunshot monitoring, public information broadcasts, electric meter reading and pollution monitoring. For more information on the project, see Rebecca Bowe’s recent article in the San Francisco Bay Guardian."

Transactional Records Access Clearinghouse - "The odds of an asylum claim being denied reached an historic low in FY 2012, with only 44.5 percent being turned down. Ten years ago, almost two out of three (62.6%) individuals seeking asylum lost their cases in similar actions. Asylum applicants also made up more than a quarter (29.4%) of all cases closed under the prosecutorial discretion (PD) initiative during FY 2012. When those who won their cases are combined with PD closures as well as other administrative closures, a record high 63.7 percent of asylum applicants were allowed to remain in the U.S. in cases concluded in FY 2012. Accompanying this report are 272 separate reports covering each Immigration Judge."

CRS - Internet Domain Names: Background and Policy Issues. Lennard G. Kruger, Specialist in Science and Technology Policy. January 3, 2013

Preliminary Statistical Analysis of Documentation of Killings in the Syrian Arab Republic. Megan Price, Jeff Klingner, and Patrick Ball. The Benetech Human Rights Program. January 2, 2013.

News release: "According to statistics released today by the Federal Bureau of Investigation, 6,222 criminal incidents involving 7,254 offenses were reported in 2011 as a result of bias toward a particular race, religion, sexual orientation, ethnicity/national origin, or physical or mental disability. The statistics, published by the FBI’s Uniform Crime Reporting (UCR) program in Hate Crime Statistics, 2011, provide data about the offenses, victims, offenders, and locations of the bias-motivated incidents reported by law enforcement agencies throughout the nation. Due to the unique nature of hate crime, however, the UCR program does not estimate offenses for the jurisdictions of agencies that do not submit reports."

Brink, Jaco Van den and Ten Napel, Hans-Martien, The State, Civil Society and Religious Freedom (December 12, 2012). Oxford Journal of Law and Religion 2012. Available at SSRN: "How is the legal principle of religious freedom supposed to regulate the relationship between state and religion, especially in cases where state and religion seem to make competing claims? This article argues that, in order to fully appreciate this complex relationship, we need to reflect on the proper place of the state within society. In both the Catholic and the Reformed lines of thought it has traditionally been emphasized that society doesn’t consist merely of individuals and a state. There is also a variety of institutions (for example families and civil society organizations) providing different, yet equally necessary, goods. Applying this way of thinking about the state in a theory on religious freedom, provides a distinctive and promising theoretical point of view and is more likely to guarantee adequate protection in a range of current religious freedom cases in both Europe and the U.S. than the dominant individual autonomy perspective."

Mark Follman, Gavin Aronsen, and Deanna Pan: "On December 14, a mass shooter killed 27 people at an elementary school in Newtown, Connecticut. Among the fatalities were 20 children, six adults, and the shooter, who also killed his mother at her home. More details here. This guide and map have been updated with data from the Newtown massacre. It's perhaps too easy to forget how many times this has happened. The horrific mass murder at a movie theater in Colorado on July 20, another at a Sikh temple in Wisconsin on August 5, another at a manufacturer in Minneapolis on September 27—and now the unthinkable nightmare at a Connecticut elementary school on December 14—are the latest in an epidemic of such gun violence over the last three decades. Since 1982, there have been at least 62 mass murders* carried out with firearms across the country, with the killings unfolding in 30 states from Massachusetts to Hawaii. We've mapped them below, including details on the shooters' identities, the types of weapons they used, and the number of victims they injured and killed." See also

• GunPolicy.org provides evidence-based, public health-oriented information on armed violence around the globe
• CDC's Firearm Death and Death Rates, 1999-2010
  
• Interactive Map: The U.S. Shooting Epidemic, by Brian Abelson & Michael Keller. Roll over or tap the interactive map [in this site] to see how your state compares, or explore the data in the spreadsheet."

"Gender gaps are pervasive in all walks of economic life and imply large losses in terms of foregone productivity and living standards to the individuals concerned and the economy. This new OECD report focuses on how best to close these gender gaps under four broad headings: 1) Gender equality, social norms and public policies; and gender equality in 2) education; 3) employment and 4) entrepreneurship. Key policy messages are as follows:

• Greater gender equality in educational attainment has a strong positive effect on economic growth;
  
• Stereotyping needs to be addressed in educational choices at school from a young age. For example, adapt teaching strategies and material to increase engagement of boys in reading and of girls in maths and science; encourage more girls to follow science, engineering and maths courses in higher education and seek employment in these fields;
  
• Good and affordable childcare is a key factor for better gender equality in employment. But change also has to happen at home as the bulk of housework and caring is left to women in many countries. Policy can support such change, for example, through parental leave policies that explicitly include fathers.
  
• "Support policies for women-owned enterprises need to target all existing firms, not just start-ups and small enterprises. Equal access to finance for male and female entrepreneurs needs to be assured."
  
• News release and press material │ Country Notes │ Key Data

CRS - Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings. December 11, 2012

CRS - Trafficking in Persons: U.S. Policy and Issues for Congress, Alison Siskin, Specialist in Immigration Policy; Liana Sun Wyler, Analyst in International Crime and Narcotics. December 7, 2012

"USCIRF’s [United States Commission on International Religious Freedom] 2012 report, The Religion-State Relationship & the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Majority Muslim Countries and Other OIC Members, analyzes how constitutions of countries belonging to the OIC treat issues of human rights and religious freedom. This study, which updates a study USCIRF undertook in 2005, focuses on 56 countries. The study finds that these countries, stretching from Europe to Africa through the Middle East and into Asia, encompass a variety of constitutional arrangements addressing the role of Islam and the scope of religious freedom and other related human rights. A constitution’s text is important as both a statement of fundamental law and national aspirations, and a tool for those seeking to enforce its promises."

The State of Human Trafficking in California 2012

"The Office of the High Commissioner for Human Rights (OHCHR) has published Human Rights Indicators: A Guide to Measurement and Implementation. The publication aims to assist in developing quantitative and qualitative indicators to measure progress in the implementation of international human rights norms and principles. The Guide describes the conceptual and methodological framework for human rights indicators recommended by international and national human rights mechanisms and used by a growing number of governmental and non-governmental actors. It provides concrete examples of indicators identified for a number of human rights—all originating from the Universal Declaration of Human Rights—and other practical tools and illustrations, to support the realization of human rights at all levels. The Guide will be of interest to human rights advocates as well as policymakers, development practitioners, statisticians and others who are working to make human rights a reality for all."

"At America’s Expense compiles extensive data detailing epidemic of aging prisoners in the United States. It provides a comprehensive 50-state and federal analysis of the unnecessary incarceration of aging prisoners and provides a fiscal analysis showing the actual amount states would save, on average, by releasing aging prisoners: over $66,000 per year per released prisoner. The report also includes new data showing that the elderly population is growing because of harsh sentencing laws and not because of new crimes, as well as data highlighting the low public safety risks posed by elderly prisoners. At America’s Expense supplies detailed and practical legislative solutions that states and the federal government can implement to address the dramatic and costly growth in the number of elderly prisoners without putting communities at risk."

"Human Rights Campaign Foundation’s 2013 Corporate Equality Index is the national benchmarking tool on corporate policies and practices related to LGBT employees. This year, the CEI saw the largest growth in the survey’s history -- with 54 new businesses opting in -- proving that Corporate America is committed to LGBT equality. In addition, a record number of businesses, spanning nearly every industry and major geographic area of the U.S., ranked as top scorers on this year's CEI. The CEI report, released each fall, provides an in-depth analysis and rating of large U.S. employers and their policies and practices pertinent to lesbian, gay, bisexual and transgender employees. Businesses rated 100 percent are recognized in our "Best Places to Work" list, and are invited to apply for the HRC Award for Workplace Equality Innovation. All consumer-oriented businesses are included in our "Buying for Equality" guide."

• Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping, October 9, 2012. "This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA)."
• Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping, October 9, 2012.
• Privacy: An Abridged Overview of the Electronic Communications Privacy Act, October 9, 2012.

Privacy: An Overview of the Electronic Communications Privacy Act, Charles Doyle - Senior Specialist in American Public Law - October 9, 2012

"Making voluntary family planning available to everyone in developing countries would reduce costs for maternal and newborn health care by $11.3 billion annually, according to The State of World Population 2012, published today by UNFPA, the United Nations Population Fund. Increased access to family planning has proven to be a sound economic investment. One third of the growth of Asian “tiger” economies is attributed to a demographic shift in which the number of income-generating adults became higher than those who depended on them for support. This shift, says the report, was a consequence of family planning and brought increased productivity, leading to economic development in the region. One recent study predicts that if the fertility rate fell by just one child per woman in Nigeria in the next 20 years, the country’s economy would grow by at least $30 billion. And the benefits are not just economic. The report finds that the costs of ignoring the right to family planning include poverty, exclusion, poor health and gender inequality. Failing to meet the sexual and reproductive health needs of adolescents and young people in Malawi, for example, contributed to high rates of unintended pregnancy and HIV. In the United States, the report showed that teenage motherhood reduces a girl’s chances of obtaining a high school diploma by up to 10 per cent."

Privacy Compliance Review of the NOC Publicly Available Social Media Monitoring and Situational Awareness Initiative, November 8, 2012

Iraq: Politics, Governance, and Human Rights, Kenneth Katzman, Specialist in Middle Eastern Affairs, October 2, 2012

Alone Without a Home: A State-by-State Review of Laws Affecting Unaccompanied Homeless Youth, September 2012, National Law Center
Each year, an estimated 1.6 million children and youth (ages 12-17) experience homelessness without a parent or guardian. These youth leave home for a variety of reasons, including severe family conflict, parental abuse or neglect, parental mental health issues, or substance abuse. Whether runaway or throwaway, once on the street, unaccompanied homeless youth face numerous legal barriers that often complicate their attempts to meet the basic necessities of life on their own and prevent them from reaching out for assistance to state agencies and service providers that could otherwise help them. Further complicating matters is that many of these laws vary considerably from state to state, creating misinterpretations by service providers and mistaken avoidance of services on the part of homeless youth who may fear being taken into state custody or assume they will be turned away. This report reviews the state of current law in 12 key issue areas that affect the lives and future prospects of unaccompanied homeless youth in all 50 U.S. states and 6 territories. The report offers an overview of the range of approaches taken by states and their relative prevalence, and reveals significant differences in many cases."

Fact Sheet: "The Challenge - While the world has seen important progress in expanding opportunity for women and girls, significant gaps remain in the areas of political participation and economic opportunity. A growing body of evidence shows that women’s political and economic empowerment are critical to fostering international peace and security, growing vibrant market economies, and supporting open and accountable governance. Recognizing that no country can realize its potential if half its population cannot reach theirs, President Obama issued a challenge before the United Nations General Assembly in September 2011 to break down barriers to women’s political and economic empowerment. Answering the Call - In response to this challenge, on September 24, 2012, Secretary of State Hillary Clinton launched the Equal Futures Partnership on behalf of the United States along with 12 other founding members (Australia, Benin, Bangladesh, Denmark, Finland, Indonesia, Jordan, the Netherlands, Peru, Senegal, and Tunisia; as well as the European Union). Multilateral stakeholders including UN Women and the World Bank, and leading businesses and non-profit institutions also pledged support for the partnership."

A history of the U.S. Alien Tort Statute, by Rebecca Hamilton - Reuters: "The 33-word Alien Tort Statute, at the center of a case before the U.S. Supreme Court on Monday, was enacted by the First Congress in 1789. It reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It lay essentially dormant for decades. Then, in 1978, a U.S. lawyer named Peter Weiss used the statute to bring a case against former Paraguayan police inspector Americo Pena-Irala over the torture and killing of Joelito Filartiga. In a ruling two years later, the 2nd U.S. Circuit Court of Appeals said U.S. courts had jurisdiction and Pena-Irala was ordered to pay $10.4 million in damages to Filartiga's family."

Freedom on the Net 2012: "This report is the third in a series of comprehensive studies of internet freedom around the globe and covers developments in 47 countries that occurred between January 2011 and May 2012. Over 50 researchers, nearly all based in the countries they analyzed, contributed to the project by researching laws and practices relevant to the internet, testing the accessibility of select websites, and interviewing a wide range of sources."

"[On September 4, 2012, CDT] joined the ACLU, EFF and EPIC in calling on the 6th U.S. Circuit Court of Appeals to rehear U.S. v. Skinner, the GPS cell phone location tracking case. A panel of the 6th Circuit ruled that tracking a cell phone's location by repeatedly "pinging" the phone over a three-day period did not require a warrant. The amicus brief we filed yesterday asked the full Sixth Circuit to consider this issue in light of the concurring opinions filed by five justices in the U.S. v. Jones U.S. Supreme Court case which came down earlier this year. We also pointed out that the panel's legal conclusion was based on a material misunderstanding: that cell phones normally "give off" GPS location information. Instead, mobile providers have to take a special step - sending a signal to the phone to direct it to produce the GPS data. Unless they take that step, there is no location data at the provider for the government to seize. As a result, the court should not have analyzed the case under the third party records doctrine, which says a person has no Fourth Amendment interest in information shared with a third party."

"2013 has been designated European Year of Citizens, with the aim of raising awareness of the rights linked to EU citizenship, under an agreement between Parliament and Council endorsed on Monday by the Civil Liberties Committee. Events will be organised during the Year to explain the rights of citizens who decide to go and live in another member state, in particular students, workers, businesspeople and retired persons. Every citizen in the European Union enjoys a set of rights under the EU treaties, including the right to move and reside freely in another member state, the right to vote and stand as a candidate in European and local elections and the right to petition the European Parliament, but EU citizens are often unaware of these rights. The European Parliament called for 2013 to be designated European Year of Citizens in order to educate the general public, in particular young people, in how they can benefit from them."

A Behavioural Understanding of Privacy and its Implications for Privacy Law, Kirsty Hughes, University of Cambridge, September 2012. The Modern Law Review, Vol. 75, Issue 5, pp. 806-836, 2012

Promoting Global Internet Freedom: Policy and Technology. Patricia Moloney Figliola, Specialist in Internet and Telecommunications Policy, August 30, 2012

Hidden in plain sight: Inquiry into disability-related harassment

Amnesty International Report 2012 "documents specific restrictions on free speech in at least 91 countries as well as cases of people tortured or otherwise ill-treated in at least 101 countries – in many cases for taking part in demonstrations."

"The annual Report to Congress on International Religious Freedom – the International Religious Freedom Report – describes the status of religious freedom in every country. The report covers government policies violating religious belief and practices of groups, religious denominations and individuals, and U.S. policies to promote religious freedom around the world. The U.S. Department of State submits the reports in accordance with the International Religious Freedom Act of 1998."

Disappearing Phone Booths: Privacy in the Digital Age

"A new draft law on information technology crimes would restrict free speech in violation of international law and poses a severe threat to journalists, whistleblowers, and peaceful activists, Human Rights Watch said in a report released today. The pending law includes vague provisions that would allow Iraqi authorities to harshly punish expression they decide constitutes a threat to governmental, social, or religious interests. The Council of Representatives, the parliament, should not approve the law without revising it to remove the rights restrictions. The 16-page report, Iraq’s Information Crimes Law: Badly Written Provisions and Draconian Punishments Violate Due Process and Free Speech, is a legal analysis of the draft law."

"In response to recent letters from Congressman Ed Markey (D-MA), nine mobile wireless carriers have provided detailed reports of law enforcement requests for user cell phone records. These requests come from agencies - across all levels of government - seeking text messages, caller locations, and other information in the course of investigations. The reports show that companies turn over thousands of records a day in response to subpoenas, court orders, police emergencies, and other requests. The volume of requests has increased as much as 16 percent for some companies over the last five years, and some carriers have rejected as many as 15 percent of all requests that they found legally questionable or unjustified. EPIC recently filed amicus briefs in the Fifth Circuit and New Jersey Supreme Court arguing that disclosure of historical and real-time cell phone location information violates a reasonable expectation of privacy and thus requires a warrant under the Fourth Amendment. For more information, see EPIC: In re Historic Cell-Site Location Information, EPIC: State v. Earls."

The Future of Corporate Responsibility - by Janna Anderson, Lee Rainie. July 5, 2012: "Experts are divided about the role Western technology companies will play in helping monitor and thwart dissident activity in the future. Some hope the open Internet and the prospect of consumer backlash will minimize businesses’ cooperation with authoritarian governments; others believe the urge for profits and for global reach across all cultures will compel firms to allow their digital tools to be used against critics of the status quo."

"According to the 2011 Wiretap Report, released by the Administrative Office of the US Courts, federal and state applications for wiretap orders dropped 14 percent in 2011, compared to the number reported in 2010. The reduction in wiretaps resulted primarily from a drop in applications for intercepts in narcotics offenses. In 2011, a total of 2,732 intercept applications were authorized by federal and state courts, with 792 applications by federal authorities and 1,940 by the states. In 2011, 98 percent, or 2,674, of all authorized wiretaps were designated as portable devices. The Wiretap Report does not include interceptions pursuant to the Foreign Intelligence Surveillance Act of 1978. For more information see: EPIC: Wiretapping and Administrative Office of the US Courts: Wiretap Reports."

Ars Technica: "As the result of a Freedom of Information Act request filed by the American Civil Liberties Union, the Department of Justice has revealed, for the first time, the types of secret letters that the government can send out to ISPs and other tech companies being asked to reveal personal data about their users and customers who are being investigated for national security reasons. In 2009, over 6,000 Americans received such National Security Letters (NSLs). According to the Wall Street Journal, the “letters show that the FBI is now informing people who receive the letters how they can challenge the documents in court. But some key elements of the letters remain blocked from view—including lists of material the FBI says companies can send in response to the letter.”

ACLU: "On June 26, 1987, exactly twenty-five years ago, the Convention Against Torture became binding upon the nations that had ratified it. The United Nations later designated the anniversary of that day the International Day in Support of Victims of Torture. You can read our statement, about the importance of the Convention and the steps we must take as a nation to fully account for the torture and abuse of the last decade, here. In recognition of the importance of this day, we are also launching the Torture Database, a compilation of over 100,000 pages of documents related to the Bush administration’s rendition, detention, and interrogation policies and practices. The database is our effort to provide meaningful public access to the primary documentation of torture and abuse during the years following September 11, 2001. The database is both simple and advanced. It allows easy searching by keyword or through useful tags. And it allows more sophisticated searching by taking advantage of an enormous amount of metadata individually tagged in each and every document. We hope you’ll find it easy to use."

2012 Trafficking in Persons Report

U.S. Department of Justice, Office of Legislative Affairs, Applications Made to the Foreign Intelligence Surveillance Court During Calendar Year 2011, submitted pursuant to sections 107 and 502 of the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. Sec. 1801 et seq., and section 118 of USA PATRIOT Improvement Act and Reauthorization Act of 2005, Pub. L. No. 109-177 (2006)

Via LLRX.com - Clemency Clinics: A Blueprint for Justice - Ken Strutin's article presents a significant collection of expertly selected resources on clemency and other established post-conviction projects. It also includes general resources that can be used in the process of starting up a clemency clinic or a project in a law school, bar association, law firm, university, college or any entity interested in undertaking a role in arena of work. Ken documents how innocence projects and law clinics are good models for clemency projects because they pursue claims frequently raised in pardons. He also identifies how schools of journalism, paralegal and legal assistant programs, and private law firms, defense providers, individual attorneys and not-for-profits spearheaded by those directly affected, have embraced a mission to address injustice in their particular ways.

Follow up to DHS IG - Customs and Border Protection Use of Unmanned Aircraft Systems in Nation’s Border Security - via EFF: "DHS’s Office of Inspector General (OIG) recently released a report (pdf) detailing multiple problems with the drones used to patrol US borders. This report, combined with the Federal Aviation Administration’s lack of openness about its drone authorization program and failure to disclose the true number of entities flying drones, shows that the federal government is moving far too quickly in its plans to dramatically expand the number of domestic drones flying in the United States over the next few years. The DHS OIG report, which reviewed the drone program run by Customs & Border Protection (CBP), noted several serious problems with the program, including lack of appropriate equipment and staff to fly the drones safely and lack of processes or procedures to prioritize requests for drone flights. This is especially troubling, given the agency has been flying drones since 2004. CBP currently has nine unarmed Predator drones in its arsenal, each purchased at a cost of $18 million dollars. The drones cost $3,000 per hour to fly, and, according to the OIG report, the agency spent over $55 million (pdf) to operate and maintain the drones between 2006 and 2011. Despite these costs, CBP never made a specific budget request to Congress for the funds, and has thus far failed to seek compensation from the other federal and state agencies it loans its drones to. Instead, the agency diverted $25 million from other programs to cover these costs."

Mail Online: "Spy planes able to photograph sunbathers in their back gardens are being deployed by Google and Apple. The U.S. technology giants are racing to produce aerial maps so detailed they can show up objects just four inches wide. But campaigners say the technology is a sinister development that brings the surveillance society a step closer. Google admits it has already sent planes over cities while Apple has acquired a firm using spy-in-the-sky technology that has been tested on at least 20 locations, including London. Apple’s military-grade cameras are understood to be so powerful they could potentially see into homes through skylights and windows. The technology is similar to that used by intelligence agencies in identifying terrorist targets in Afghanistan."

When the Government Comes Knocking, Who Has Your Back?

Refugees and Asylees: 2011 - May 2012

States Take Sizeable Steps in 2012 to End Overincarceration
By Inimai Chettiar, ACLU & Alex Stamm, ACLU Center for Justice: "As states begin to realize that they can reduce their prison populations safely, the pace of reform has begun to pick up a bit this year. State legislative sessions are coming to a close, which makes it a good time to review the actions lawmakers have taken to reduce their unsustainable prison populations in 2012. Here are the some of the legislative reform highlights..."

News release: "This morning, the House Judiciary Committee held an important hearing on the FISA Amendments Act (FAA) and the scope of the NSA’s warrantless wiretapping program. The FAA, which gutted privacy protections governing the interception international phone calls and e-mail to and from the United States, is set to expire at the end of the year, and Attorney General Eric Holder says it is his “top priority” to see it renewed."

"[May 31, 2012] the American Immigration Council’s Legal Action Center released a report and filed a Freedom of Information Act (FOIA) lawsuit on the pressing issue of noncitizens’ access to counsel. Reports from across the country indicate that the Department of Homeland Security’s (DHS) immigration agencies—U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP)—often interfere with noncitizens’ access to counsel in benefits interviews, interrogations, and other types of administrative proceedings outside of immigration court. Depending on the context, immigration officers completely bar attorney participation, impose unwarranted restrictions on access to legal counsel, or strongly discourage noncitizens from seeking legal representation at their own expense. A joint report by the Legal Action Center and Penn State Law’s Center for Immigrants’ Rights, Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel, describes restrictions on access to legal representation before DHS, provides a legal landscape, and offers recommendations designed to combat these harmful practices. It also addresses recent changes to USCIS’s guidance that are intended to expand access to legal representation."

"Trends in U.S. Corrections is a visual tool that provides a compilation of key developments in the criminal justice system over the past several decades."

Fact Sheet: "On May 24, 2012, the Secretary submitted the 2011 Country Reports on Human Rights Practices (Human Rights Reports) to the United States Congress. The Human Rights Reports provide the facts underlying U.S. efforts to promote respect for human rights worldwide. They inform U.S. government policy making and serve as a reference for other governments, international institutions, non-governmental organizations, scholars, interested citizens, and journalists. The Human Rights Reports assess each country’s situation against universal human rights standards, during each calendar year, and each report stands on its own. Countries are not compared to each other or placed in any order other than alphabetically by region. This year, the Department modernized both the format of the reports and the online user interface."

UN: "Many Roma continue to face discrimination and social exclusion across the European Union (EU), according to a new report published jointly by the European Union Agency for Fundamental Rights (FRA) and UNDP. The situation of Roma is on average worse than the situation of non-Roma who live close by. The report is based on two surveys on the socio-economic situation of Roma and non-Roma living nearby in 11 EU Member States and in neighbouring European countries."

"Over the course of 2011's momentous Arab Spring uprisings, young women in Egypt, Tunisia, Libya, Bahrain and Yemen used social media and cyberactivism to carve out central roles in the revolutionary struggles under way in their countries, according to a new study commissioned by Rice University’s Baker Institute for Public Policy. The study, Unveiling the Revolutionaries: Cyberactivism and Women’s Role in the Arab Uprisings [May 17, 2012], explores the activism of several key figures, including Egypt's Esraa Abdel Fattah, who became widely known as “Facebook girl,” as well Libya's Danya Bashir, Bahrain’s Zeinab and Maryam al-Khawaja and Tunisia's Lina Ben Mhenni, who became known as the uprising’s “Twitterati,” dubbed by influential media and pundits as “must-follows.” The paper was written by Courtney Radsch, a doctoral candidate in international relations at American University and an internationally recognized expert on social media, citizen journalism and activism in the Middle East."

"Today the Immigration Policy Center (IPC) and the Electronic Frontier Foundation (EFF) release From Fingerprints to DNA: Biometric Data Collection in U.S. Immigrant Communities and Beyond. The paper outlines the current state of U.S. government collection of biometric information and the problems that could arise from these growing databases of records. It also points out how immigrant communities are immediately affected by the way this data is collected, stored, and shared."

"The Senate Committee on the Judiciary has approved President Obama's five nominees for the Privacy and Civil Liberties Oversight Board. The Board is an independent entity charged with ensuring that fundamental rights are protected in the implementation of government programs, including cybersecurity. Originally convened in 2004, the five seats on the Board have remained vacant for the past five years. Senator Leahy, the Chairman of the Judiciary Committee, said, "When we worked to create this board, we did so to ensure that our fundamental rights and liberties would be preserved…The Senate should move quickly to confirm the nominees to the board so that they can get to their important work." For more information, see EPIC: 9/11 Commission Report and "The Sui Generis Privacy Agency: How the United States Institutionalized Privacy Oversight After 9-11."

EPIC: "The Federal Aviation Administration has announced new procedures for government agencies that operate drones in the United States. The procedures will streamline the process through which government agencies, including local law enforcement, receive drone licenses. However, the FAA has so far failed to establish privacy safeguards for drone use. On February 24, 2012, EPIC, joined by over 100 organizations, experts, and members of the public, submitted a petition to the FAA requesting a public rulemaking on the privacy impact of drone use in US airspace. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones."

Racial Profiling: Legal and Constitutional Issues, Jody Feder - Legislative Attorney, April 16, 2012

Secrecy News, Steven Aftergood: "In 2011, the US Government submitted 1,745 applications to the Foreign Intelligence Surveillance Court for authorization to conduct electronic surveillance or physical searches under the Foreign Intelligence Surveillance Act (FISA), according to a new annual report to Congress. Of these, 1,676 included requests for authority for perform electronic surveillance, the report said. That compares to 1,579 such applications in 2010 (including 1,511 for electronic surveillance). As is usually the case, the FIS Court did not deny any electronic surveillance applications in whole or in part last year, though it made modifications to 30 of them. The new report says that the government filed 205 applications for business records (including “tangible things”) for foreign intelligence purposes last year, compared to 96 in the previous year."

War Crimes in Northern Idlib during Peace Plan Negotiations, April 2012

States of punishment - Mapping the death penalty in America: "From 2000 to 2011 there were, on average, five death-row exonerations a year in the United States, according to the Death Penalty Information Centre. North Carolina alone saw three exonerations in six months in 2008. The following year the state legislature passed the Racial Justice Act, which gives death-row inmates the chance to commute their sentences to life without parole if a judge rules the sentences were tainted by racial bias. (More than half of North Carolina's death-row inmates are black.) The first ruling will be issued on April 20, a decision that could set a precedent for other challenges based on race. Indeed the ripples could be felt across the country, especially in Pennsylvania and Missouri, where similar legislation is pending. Other states are reconsidering capital punishment altogether. In November voters in California, which has more people on death row than any other state, will vote on whether to repeal the death penalty. And Connecticut, where a repeal bill was recently passed, is set to become the 17th state to abolish capital punishment."

Human Trafficking: The Government’s Strategy - HM Government, April 2012

Human Rights and Technology Sales: How Corporations Can Avoid Assisting Repressive Regimes, By Cindy Cohn, Trevor Timm, & Jillian C. York - April 2012

Follow up to posting on SOPA’s Evil Twin Sister – CISPA, via Electronic Frontier Foundation, Cybersecurity Bill FAQ: The Disturbing Privacy Dangers in CISPA and How To Stop It, by Trevor Timm

"This 120-page report is based on 58 interviews conducted in three prisons and three juvenile detention facilities with women and girls accused of “moral crimes.” Almost all girls in juvenile detention in Afghanistan had been arrested for “moral crimes,” while about half of women in Afghan prisons were arrested on these charges. These “crimes” usually involve flight from unlawful forced marriage or domestic violence. Some women and girls have been convicted of zina, sex outside of marriage, after being raped or forced into prostitution. The fall of the Taliban government in 2001 promised a new era of women’s rights. Significant improvements have occurred in education, maternal mortality, employment, and the role of women in public life and governance. Yet the imprisonment of women and girls for “moral crimes” is just one sign of the difficult present and worrying future faced by Afghan women and girls as the international community moves to decrease substantially its commitments in Afghanistan."

News release: "EFF recently received records from the Miami-Dade Police Department in response to a Public Records request for information on its drone program. These records provide additional insight into domestic drone use in the United States, and they reinforce the importance of public access to information on who is authorized to fly drones inside US borders. The records the Miami-Dade PD released include the Federal Aviation Administration-issued Certificate of Authorization (COA) to fly the MDPD drones. This appears to be the first time a law enforcement agency has made its COA available to the public without redactions. The COA and the other records EFF received show that Miami-Dade’s drone program is quite limited in scope. The two small drones the MDPD is flying—Honeywell T-Hawks—are able to fly up to 10,000 feet high, can record video or still images in daylight or infrared, and can “Hover and stare; [and] follow and zoom,” (pdf) according to the manufacturer. However, the COA limits their use to flights below 300 feet. The drones also must remain within visual line of sight of both a pilot and an observer and can only be flown during the day."

Detention of U.S. Persons as Enemy Belligerents - Jennifer K. Elsea, Legislative Attorney, April 11, 2012

Protecting Classified Information and the Rights of Criminal Defendants: The Classified Information Procedures Act, Edward C. Liu, Legislative Attorney; Todd Garvey, Legislative Attorney - April 2, 2012

Released by ACLU: Evaluation of the Current and Future Los Angeles County Jail Population - Prepared by James Austin, Ph.D., Wendy Naro‐Ware, Roger Ocker, Robert Harris, Robin Allen - April 10, 2012

EFF: "On Sunday, the United Kingdom’s Prime Minister David Cameron and the Interior Ministry were forced to defend a sweeping wiretapping proposal, which would aim to monitor every single email, text message, and phone call flowing through the whole country. The proposal would likely force all UK Internet Service Providers (ISPs) to install “black boxes” on their systems that use Deep Packet Inspection (DPI) technology, which would give authorities access to all communications data without a warrant or any judicial oversight. Law enforcement would have access to IP addresses, email addresses, when you send an email, to whom you send it, and how frequently—as well as corresponding data for phone calls and text messages. The government has claimed this proposal is needed to fight “terrorism and serious crimes,” but of course, it would be available to law enforcement for all purposes."

CRS: Afghanistan: Politics, Elections, and Government Performance, Kenneth Katzman, Specialist in Middle Eastern Affairs, March 30, 2012

House of Lords - House of Commons - Joint Committee on Privacy and Injunctions Privacy and injunctions, Session 2010–12 - Report, together with formal minutes, minutes of evidence and appendices Ordered by the House of Lords and the House of Commons to be printed 12 March 2012

Via TRAC: "The latest available data from the Justice Department show that during December 2011 there was a sharp increase in the prosecution of civil rights crimes by the federal government. Two thirds of the 39 cases filed in that month involved crimes related to slavery or involuntary servitude."

Women’s economic opportunity 2012 - A global index and ranking from the Economist Intelligence Unit

"Over the last six years, while 85% of countries are improving their gender equality ratios, for the rest of the world the situation is declining, most notably in several African and South American countries. The sixth annual World Economic Forum Global Gender Gap Report 2011 shows a slight decline over the last year in gender equality rankings for New Zealand, South Africa, Spain, Sri Lanka and the United Kingdom this year, while gains are made in Brazil, Ethiopia, Qatar, Tanzania and Turkey. Nordic countries (Finland, Iceland, Norway and Sweden) continue to hold top spots having closed over 80% of their gender gaps, while countries at the bottom of the rankings still need to close as much as 50%."

Via Jeff Lamicela - "An analysis of all criminal cases completed in the federal courts during the last five years has discovered extensive and hard-to-explain variations in the sentencing practices of district court judges working in many different districts. This key finding is based upon the first ever review of the sentences imposed by 885 judges in more than 370,000 cases decided during the period from FY 2007 to FY 2011. These data were compiled by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. Because the report examines differences in sentencing practices within individual districts where judges presumably receive the same general mix of cases, this finding raises questions about the extent to which sentences in some districts are influenced by the particular judge who sentenced the defendant rather than just the facts of that case. Accompanying the report are the names of each federal district court judge covered in this report, along with the number of defendants each sentenced during this period. While each judge sentenced on average 420 defendants, the judge-by-judge listing reveals that some judges -- particularly those in districts along the southwest border -- handled many more, up to 6,331 cases. See here."

UN Human Rights Council Report of the International Commission of Inquiry on Libya, Advance Unedited Version, March 2, 2012: "The Commission further concluded that the thuwar (anti-Qadhafi forces) committed serious violations, including war crimes and breaches of international human rights law, the latter continuing at the time of the present report. The Commission found these violations to include unlawful killing, arbitrary arrest, torture, enforced disappearance, indiscriminate attacks, and pillage. It found in particular that the thuwar are targeting the Tawergha and other communities."

Bloggers Under Fire: "As activists and ordinary citizens around the world are increasingly making use of the Internet to express their opinions and connect with others, many governments are increasing their surveillance and censorship capabilities and taking legal or extrajudicial actions against bloggers and social media users. The threats to netizens are increasing. The Committee to Protect Journalists found in 2008 that 45% of all imprisoned journalists were arrested for activities conducted online. In their 2012 press freedom barometer, Reporters Without Borders cited 123 incidents of imprisoned "netizens" in twelve countries. Though the motivations of governments vary from country to country, the goal—to silence "threatening" voices—is the same. EFF supports the principles of free expression laid out in Article 19 of the Universal Declaration of Human Rights and believes that those principles must extend online. While our domestic work focuses on helping bloggers in the United States understand their legal rights, our international work focuses on the legal and bodily threats to Internet users in countries around the world. To that end, we have partnered with Global Voices Online's Threatened Voices project, which tracks individual cases of bloggers under threat or detention, to help shed light on this global phenomenon."

Latin American Governments Need to "Friend" Social Media and Technology, by Carl Meacham, the Senate Foreign Relations Committee staffer for Latin America and the Caribbean, October 5, 2011

News release: "Congress is demanding drones in the air over the United States – without considering the civil liberties issues. Within the span of three days last week, the House and then the Senate passed a law – H.R. 658 – requiring the Federal Aviation Administration (FAA) to speed up, within 90 days, its current licensing process for government use of drones domestically and to open the national airspace to drone aircraft for commercial and private use by October 2015. While the law requires the FAA to develop guidance on drone safety, the law says absolutely nothing about the privacy or transparency implications of filling the sky with flying robots. As CDT and others have pointed out, drones are powerful surveillance devices capable of being outfitted with facial recognition cameras, license plate scanners, thermal imaging cameras, open WiFi sniffers, and other sensors. Drones’ unique ability to hover hundreds or thousands of feet in the air – undetected, for many hours – enables constant, pervasive monitoring over a wide area. Without clear privacy rules, public and private use of drones can usher in an era of unparalleled physical surveillance. Without transparency requirements, citizens will not even have the basic right to know who owns the drone watching them from above. Congress, the FAA, industry bodies, and the American people all should play a role in ensuring that drones are used responsibly."

Today the Military Leadership Diversity Commission (MLDC) released its final report, From Representation to Inclusion: Diversity Leadership for the 21st Century Military.

• Executive Summary
  
• Press Release: "Military women, particularly soldiers, will see more than 14,000 new job or assignment opportunities because of policy changes the Defense Department announced today. The changes are included in a report the department submitted to Congress today, based in part on findings the Military Leadership Diversity Commission reported in March. Today’s report includes a “vision statement”: “The Department of Defense is committed to removing all barriers that would prevent service members from rising to the highest level of responsibility that their talents and capabilities warrant.”...Pentagon statistics show 144 military women have been killed and 865 wounded in combat and noncombat incidents in Iraq and Afghanistan. Some 20,000 of the 205,000 service members currently serving in Afghanistan are women, and they make up about 280,000 of the more than 2.3 million troops who have served in operations over the past decade."

Detention of U.S. Persons as Enemy Belligerents, Jennifer K. Elsea, Legislative Attorney, February 1, 2012.

World Press Freedom Index 2011-2012 - "Syria, Bahrain and Yemen get worst ever rankings - “This year’s index sees many changes in the rankings, changes that reflect a year that was incredibly rich in developments, especially in the Arab world,” Reporters Without Borders said today as it released its 10th annual press freedom index. “Many media paid dearly for their coverage of democratic aspirations or opposition movements. Control of news and information continued to tempt governments and to be a question of survival for totalitarian and repressive regimes. The past year also highlighted the leading role played by netizens in producing and disseminating news." “Crackdown was the word of the year in 2011. Never has freedom of information been so closely associated with democracy. Never have journalists, through their reporting, vexed the enemies of freedom so much. Never have acts of censorship and physical attacks on journalists seemed so numerous. The equation is simple: the absence or suppression of civil liberties leads necessarily to the suppression of media freedom. Dictatorships fear and ban information, especially when it may undermine them."

Via CDT: "Earlier this week, Twitter announced that it will begin making certain Tweets inaccessible to users in countries where the content of those Tweets is illegal. In announcing its new policy, Twitter was acknowledging the challenge that all global social media sites face: governments ask tech companies to comply with local content laws and if these companies refuse to comply, they risk being blocked from the country entirely, further limiting information that citizens can access. If the company has employees on the ground, refusal also risks legal charges against employees. This, of course, raises a well-worn question: are human rights better served when a platform restricts some content in order to remain in a country, or when it resigns itself to a nationwide block of its service?"

"This 22nd annual World Report summarizes human rights conditions in more than 90 countries and territories worldwide in 2011. It reflects extensive investigative work that Human Rights Watch staff has undertaken during the year, often in close partnership with domestic human rights activists. The introductory essay examines the Arab Spring, which has created an extraordinary opportunity for change. The global community has a responsibility to help the long suppressed people of the region seize control of their destiny from often-brutal authoritarian rulers. Standing firmly with people as they demand their legitimate rights is the best way to stop the bloodshed, while principled insistence on respect for rights is the best way to help these popular movements avoid intolerance, lawlessness, and summary revenge once in power."

The Global War Against Baby Girls, Nicholas Eberstadt

"Heritage and the Wall Street Journal released the 2012 Index of Economic Freedom on January 12, 2012, ranking 179 countries on 10 benchmarks that gauge their economic success. The Index covers 10 freedoms – from property rights to entrepreneurship – in 184 countries. This year Heritage introduced a new interactive feature that gives you the opportunity to create a comparative graph. This week’s chart shows how the United States stacks up against Canada and the United Kingdom. As recently as 2009, the United States led both countries in economic freedom. But after four years of decline, the United States is heading in the wrong direction. This year it fell to 10th in the Index of Economic Freedom. For the 18th straight year, Hong Kong and Singapore finished first and second in the rankings, followed this year by Australia, New Zealand and Switzerland. North Korea was at the bottom of the rankings. All contents of the book are available online. A few notable developments in this year’s Index [download data here:

"As the result of EPIC v. DHS, a Freedom of Information Act lawsuit, EPIC has obtained nearly thee hundred pages of documents detailing a Department of Homeland Security's surveillance program. The documents include contracts and statements of work with General Dynamics for 24/7 media and social network monitoring and periodic reports to DHS. The documents reveal that the agency is tracking media stories that "reflect adversely" on DHS or the U.S. government. One tracking report -- "Residents Voice Opposition Over Possible Plan to Bring Guantanamo Detainees to Local Prison-Standish MI" -- summarizes dissent on blogs and social networking cites, quoting commenters. EPIC sent a request for these documents in April 2004 and filed suit against the agency in December. For more information, see EPIC: EPIC v. Department of Homeland Security: Media Monitoring."

"EPIC has filed a Freedom of information Act lawsuit against the Department of Homeland Security to force disclosure of the details of the agency's social network monitoring program. In news reports and a Federal Register notice, the DHS has stated that it will routinely monitor the public postings of users on Twitter and Facebook. The agency plans to create fictitious user accounts and scan posts of users for key terms. User data will be stored for five years and shared with other government agencies.The legal authority for the DHS program remains unclear. EPIC filed the lawsuit after the DHS failed to reply to an April 2011 FOIA request. For more information, see EPIC: Social Networking Privacy."

As Deportations Rise to Record Levels Most Latinos Oppose Obama’s Policy, December 28, 2011

• Higher Education and Disability - Improved Federal Enforcement Needed to Better Protect Students' Rights to Testing Accommodations, GAO-12-40, November 29, 2011. "Federal enforcement of laws and regulations governing testing accommodations is largely complaint-driven and involves multiple agencies. While Justice has overall responsibility for enforcing compliance under the ADA, Education and HHS have enforcement responsibilities under the Rehabilitation Act for testing companies that receive federal financial assistance from them. Education and HHS officials said that they investigate each eligible complaint. Justice officials said they review each complaint at in-take, but they do not make a determination on every complaint because of the large volume of complaints it receives. Justice has clarified ADA requirements for testing accommodations primarily by revising its regulations, but it lacks a strategic approach to targeting enforcement."
• Commercial Spectrum - Plans and Actions to Meet Future Needs, Including Continued Use of Auctions, GAO-12-118, November 23, 2011
• Border Security - Additional Steps Needed to Ensure That Officers Are Fully Trained - GAO-12-269, December 22, 2011
• Hardrock Mining - BLM Needs to Revise Its Systems for Assessing the Adequacy of Financial Assurances, GAO-12-189R, December 12, 2011

Children and Justice During and in the Aftermath of Armed Conflict, September 2011. Office of the Special Representative of the Secretary-General for Children and Armed Conflict

Department of Defense Annual Report on Sexual Harassment and Violence at the Military Service Academies Academic Program Year 2010-2011, Report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, released December 27, 2011

Homicide Trends in the United States, 1980-2008 - Annual Rates for 2009 and 2010. Alexia Cooper and Erica L. Smith, BJS Statisticians

Arab spring: an interactive timeline of Middle East protests: "Ever since a man in Tunisia burned himself to death in December 2010 in protest at his treatment by police, pro-democracy rebellions have erupted across the Middle East. This interactive timeline [by Garry Blight, Sheila Pulham and Paul Torpey] traces key events."

The civic and community engagement of religiously active Americans - "Those who are active in church, religious, or spiritual organizations are often more deeply involved in their communities than those who are not members of such groups. And their tech use helps them tie to all kinds of groups" by Jim Jansen Senior Fellow, Pew Internet

Defending Privacy at the U.S. Border: A Guide for Travelers Carrying Digital Devices, by Seth Schoen, Marcia Hofmann and Rowan Reynolds, December 2011

CRS — Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law. Richard M. Thompson, Law Clerk. December 1, 2011

"[December 19, 2011], President Obama issued an executive order directing the implementation of the United States’ first-ever National Action Plan on Women, Peace, and Security. The plan was developed with collaboration across the U.S. government, and with the help of NGOs and civil society groups that support women and girls every day. It is a historic step toward a future where all men and women can reach their full potential. The tangible commitments our government is making as part of the National Action Plan will weave perspectives of women and girls into the DNA of our foreign policy. These commitments include helping women engage in peace processes; providing assistance to NGOs focused on women’s participation; helping to integrate women into the security sectors of our partner nations; improving the UN’s capacity to combat sexual violence; holding development personnel and contractors to the highest standards for preventing human trafficking; and helping to ensure that humanitarian assistance is distributed equally to women as well as men."

Chimpanzees in Biomedical and Behavioral Research: Assessing the Necessity, December 15, 2011. Institute of Medicine of the National Academies.

Moral Science - Protecting Participants in Human Subjects Research, Presidential Commission, for the Study of Bioethical Issues - December 2011

News release: "The Bureau of Justice Statistics (BJS) reported today in Prisoners in 2010 that the number of offenders under adult correctional supervision in the U.S. declined 1.3 percent in 2010, the second consecutive year of decline since BJS began reporting on this population in 1980. At yearend 2010, about 7.1 million people, or 1 in 33 adults, were under the supervision of adult correctional authorities in the U.S. In addition, the total U.S. prison population fell to 1.6 million at yearend 2010, a decline of 0.6 percent during the year, the first decline in the total prison population in nearly four decades. This decline was due to a decrease of 10,881 in the number of state prisoners, which fell to just under 1.4 million persons and was the largest yearly decrease since 1977. The federal prison population grew by 0.8 percent (1,653 prisoners) to reach 209,771, the smallest percentage increase since 1980. Most offenders under correctional supervision (about 7 in 10 persons or nearly 4.9 million people) were supervised in the community on probation or parole at yearend 2010. About 3 in 10 (or nearly 2.3 million people) were incarcerated in state or federal prisons or local jails. The decline in the total correctional population during 2010 was mainly due to a decrease in the number of probationers during the year (down 69,500 persons) and a decrease in the number of inmates incarcerated in local jails (down 18,700 persons)."

The National Intimate Partner and Sexual Violence Survey (NISVS): "On average, 24 people per minute are victims of rape, physical violence, or stalking by an intimate partner in the United States, based on a survey conducted in 2010. Over the course of a year, that equals more than 12 million women and men. Those numbers only tell part of the story — more than 1 million women are raped in a year and over 6 million women and men are victims of stalking in a year. These findings emphasize that sexual violence, stalking, and intimate partner violence are important and widespread public health problems in the United States."

The Protester, by Kurt Andersen: "It's remarkable how much the protest vanguards share. Everywhere they are disproportionately young, middle class and educated. Almost all the protests this year began as independent affairs, without much encouragement from or endorsement by existing political parties or opposition bigwigs. All over the world, the protesters of 2011 share a belief that their countries' political systems and economies have grown dysfunctional and corrupt — sham democracies rigged to favor the rich and powerful and prevent significant change. They are fervent small-d democrats. Two decades after the final failure and abandonment of communism, they believe they're experiencing the failure of hell-bent megascaled crony hypercapitalism and pine for some third way, a new social contract."

10 Years After Bonn, Human Rights Situation Remains Critical: "The Afghan government and its allies abroad have failed to make human rights a top priority in the decade since the fall of the Taliban government, leaving Afghans to face an uncertain future, Human Rights Watch said today. The Bonn Agreement, signed on December 5, 2001, created a transitional government under President Hamid Karzai and laid the groundwork for elections and a new Afghan constitution...“Human rights, and in particular women’s rights, were cited as a key benefit of the defeat of Taliban rule in 2001,” said Brad Adams, Asia director at Human Rights Watch. “But ten years later, many basic rights are still ignored or downplayed. While there have been improvements, the rights situation is still dominated by poor governance, lack of rule of law, impunity for militias and police, laws and policies that harm women, and conflict-related abuses.”

"A PBS Newshour special highlights the radiation risks and security flaws of airport body scanners. The program follows EPIC's Freedom of Information Act lawsuits against the Department of Homeland Security. EPIC's suits forced disclosure of documents detailing the health risks and privacy hazards posed by the scanners as well as the proposed use of the scanners on public streets and in train stations ..."

UN General Assembly, Human Rights Council Seventeenth special session, Report of the independent international commission of inquiry on the Syrian Arab Republic, November 23, 2011.

Landmine Monitor 2011 - International Campaign to Ban Landmines [See also the searchable database]

2011 Peer-to-Peer Violence and Bullying: Examining the Federal Response, September 2011, U.S. Commission on Civil Rights.

Report of the Bahrain Independent Commission of Inquiry, presented in Manama, Bahrain, on 23 November 2011 [501 pages, PDF].."The Commission‘s mandate...is to report on the events in question on the basis of international human rights norms..occurring in Bahrain in February/March 2011, and any subsequent consequences arising out of the aforementioned events, and to make such recommendations as it may deem appropriate."

"Documents obtained by The Wall Street Journal open a rare window into a new global market for the off-the-shelf surveillance technology that has arisen in the decade since the terrorist attacks of Sept. 11, 2001. The techniques described in the trove of 200-plus marketing documents include hacking tools that enable governments to break into people’s computers and cellphones, and "massive intercept" gear that can gather all Internet communications in a country. The documents—the highlights of which are cataloged and searchable here—were obtained from attendees of a secretive surveillance conference held near Washington, D.C., last month."

"The European Union has adopted strict new guidelines limiting the use of body scanners at EU airports. Under the new guidelines, European Union member states may only deploy airport body scanners if they comply with new regulations that protect health, privacy, and fundamental rights. The European Commission has also prohibited any devices that store, record, or transfer images of travelers as well as devices that display an image of the naked human body. As a result, backscatter x-ray devices are now effectively prohibited in airports in the European Union. The European Commission has also made clear that passengers may not be required to go through body scanners, following the conclusion reached by the federal appellate court in the United States in the EPIC v. DHS case, which held that passengers have a legal right to opt-out of body scanners. The body scanners have not done well during trials in Europe. Most recently a test in Germany found that the devices were ineffective. For more information, see EPIC: Whole Body Imaging Technology and EPIC: EPIC v. DHS (Suspension of the Body Scanner Program)."

ABA Directory for Disability Rights: "This first of its kind directory helps lawyers find information regarding disability rights and disability law from state and local associations across the U.S."

• To log or not to log? - Risks and benefits of emerging life-logging applications, November 11, 2011 via European Network and Information Security Agency (ENISA) - "European Union (EU) agency which acts as a centre of expertise for the EU Member States and European institutions. It gives advice and recommendations on good practice, and acts as a “switchboard” for exchanging knowledge and information. The agency also facilitates contacts between the European institutions, the Member States, and private business and industry."
• "Recording aspects of one’s life, or life-logging, has a long established history in human society, but it is undergoing transformational change in terms of depth, volume and type of data. Before the 20th century, life-logging was restricted to recordings on paper media and involved written accounts, such as books, diaries, or collections of letters between people as well as person-constructed images such as drawings or paintings. By the 20th century, the media had broadened to include still photographic images, sound and moving images and most families kept at least an image life-log in the form of a photo album. By the end of the 20th century, most of these life-log data were digitally recorded with both the resolution and frequency of recording dramatically increasing year on year. Paper diaries and letters gave way to blogs, e-mail, and social networking status updates with the significant difference that the latter were potentially recorded forever and with a vastly more complete history than the episodic fragments of days gone by."
• Appendix I Scenario Building and Analysis Template, accompanying the deliverable "To log or not to log? - Risks and benefits of emerging life-logging applications". File To log or not to log? - Risks and benefits of emerging life-logging applications [Appendix II]
• Appendix II Risk Assessment Spreadsheet, accompanying the deliverable "To log or not to log? - Risks and benefits of emerging life-logging applications"

Atlantic Wire - Adam Clark Estes: "When a federal judge ruled that Twitter must reveal the private data of three WikiLeaks associates on Thursday, privacy advocates died a little inside. The two organizations that had defended the three users, American Civil Liberties Union (ACLU) and the Electronic Frontier Foundations (EFF), immediately filed mournful blog posts that respectively raised doubts about the United States government's secretive handling of the case and highlighted grave message the ruling sends about the future of privacy on the internet. But Wall Street Journal reporter Jennifer Valentine-DeVries sums up the implications of the case best with a leading question: "Should the government be able to collect information related to your Internet use without a warrant?" We now know that the federal court's answer is, "Yes."

"The 2011 edition of the Countries at the Crossroads report analyzes the performance of 35 countries, including six in the Middle East and North Africa (MENA). The countries’ scores cover the period from April 2007 through December 2010, and generally indicate grim and deteriorating conditions in the run-up to the Arab Spring. Overall country declines exceeded improvements in both number and degree in this year’s report, with widespread efforts by governments around the world to restrict freedom of expression—two out of every three countries with previous data declined in this subcategory. The free and fair electoral laws and elections subcategory was also hit hard, as 17 countries with previous data declined in this area. The report found that countries in the MENA region face grave challenges to successful democratic transition due to government institutions that have been seriously undermined under current and previous authoritarian regimes. It predicts that failure to institute thoroughgoing reforms in areas such as rule of law, accountability of the army and security services to civilian authorities, protection from state abuse, and official corruption could lead to the ascendance of forces hostile to freedom, and autocratic rule is likely to be maintained, or reasserted in the case of those countries that have seen uprisings."

Follow up to previous postings on sentencing guidelines, see the following

Follow up to previous postings on sentencing guidelines, the 2011 Guidelines Manual (effective November 1, 2011) is available in HTML and Adobe PDF formats (large file and broken into chapters), which can be viewed, downloaded or printed via the website. Individual Chapters 1-8 and Guidelines in HTML or PDF Format

• View the 2011 Federal Sentencing Guidelines Manual in HTML
  
• View the 2011 Federal Sentencing Guidelines Manual in PDF

News release: "A nationwide survey of the American people released today by the Anti-Defamation League (ADL) found that anti-Semitic attitudes have risen slightly in America, demonstrating once again that "anti-Semitic beliefs continue to hold a vicegrip" on a small but not insubstantial segment of America. The ADL survey found that 15 percent of American's nearly 35 million adults hold deeply anti-Semitic views, an increase of 3 percent from a similar poll conducted in 2009, and matching the levels of anti-Semitic propensities recorded in the U.S. in 2005 and 2007. Over the last decade, the highest level of anti-Semitic attitudes was reported in 2002, when an ADL poll found 17 percent of Americans harbored anti-Jewish attitudes."

Google Transparency Report - Government Requests: "Like other technology and communications companies, Google regularly receives requests from government agencies and courts around the world to remove content from our services and hand over user data. Our Government Requests tool discloses the number of requests we receive from each government in six-month reporting periods with certain limitations. Governments ask companies to remove content for many different reasons. For example, some content removals are requested due to allegations of defamation, while others are due to allegations that the content violates local laws prohibiting hate speech or pornography. Laws surrounding these issues vary by country, and the requests reflect the legal context of a given jurisdiction. We hope this tool will be helpful in discussions about the appropriate scope and authority of government requests. These observations on content removal requests highlight some trends that we've seen in the data during each reporting period, and are by no means exhaustive."

The Costs of Reproduction: History and the Legal Construction of Sex Equality, Deborah Dinner, Washington University in Saint Louis - School of Law. Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 46, 2011

"Protesters of all political persuasions are increasingly documenting their protests -- and encounters with the police -- using electronic devices like cameras and cell phones. The following tips apply to protesters in the United States who are concerned about protecting their electronic devices when questioned, detained, or arrested by police. These are general guidelines; individuals with specific concerns should talk to an attorney."

International Violence Against Women: U.S. Response and Policy Issues, July 26, 2011

"Human trafficking is a truly global phenomenon and a crime which affects nearly every part of the world, whether as a source, transit or destination country. According to UN Office on Drugs and Crime (UNODC), victims from at least 127 countries have been detected and it is estimated that more than 2.4 million people are exploited by criminals at any given time. More than a decade after the adoption of the Trafficking in Persons Protocol, most countries have criminalized most forms of human trafficking in their legislation. However, the use of these laws to prosecute and convict traffickers remains limited. In the 2009 Global Report on Trafficking in Persons, for instance, two out of every five countries covered in the report had never recorded a single conviction for trafficking offences."

Treatment of Conflict Related Detainees in Afghan Custody - United Nations Assistance Mission in Afghanistan [UNAMA], UN Office of the High Commissioner for Human Rights. October 2011 Kabul, Afghanistan

Reducing Overclassification Through Accountability Publications, by Elizabeth Goitein and David M. Shapiro, October 5,2011

"Violence against women and children is a serious public health concern, with costs at multiple levels of society. Although violence is a threat to everyone, women and children are particularly susceptible to victimization because they often have fewer rights or lack appropriate means of protection. In some societies certain types of violence are deemed socially or legally acceptable, thereby contributing further to the risk to women and children. In the past decade research has documented the growing magnitude of such violence, but gaps in the data still remain. Victims of violence of any type fear stigmatization or societal condemnation and thus often hesitate to report crimes. The issue is compounded by the fact that for women and children the perpetrators are often people they know and because some countries lack laws or regulations protecting victims. Some of the data that have been collected suggest that rates of violence against women range from 15 to 71 percent in some countries and that rates of violence against children top 80 percent. These data demonstrate that violence poses a high burden on global health and that violence against women and children is common and universal. Preventing Violence Against Women and Children focuses on these elements of the cycle as they relate to interrupting this transmission of violence. Intervention strategies include preventing violence before it starts as well as preventing recurrence, preventing adverse effects (such as trauma or the consequences of trauma), and preventing the spread of violence to the next generation or social level. Successful strategies consider the context of the violence, such as family, school, community, national, or regional settings, in order to determine the best programs."

News release: "In a massive coordinated information-seeking campaign, 35 ACLU affiliates are filing over 381 requests in 32 states across the country with local law enforcement agencies large and small that seek to uncover when, why and how they are using cell phone location data to track Americans. The requests seek information from local law enforcement agencies, including:

• whether law enforcement agents demonstrate probable cause and obtain a warrant to access cell phone location data;
  
• statistics on how frequently law enforcement agencies obtain cell phone location data;
  
• how much money law enforcement agencies spend tracking cell phones and
  
• other policies and procedures used for acquiring location data.

Evaluating the Use of Public Surveillance Cameras for Crime Control and Prevention - A Summary. Nancy G. La Vigne, Samantha S. Lowry, Joshua Markman, Allison Dwyer. September 19, 2011

News release: "The official end today of the “Don’t Ask, Don’t Tell” law reflects the American values that military members uphold, Defense Secretary Leon E. Panetta said today [in a briefing]. “Thanks to this change, I believe we move closer to achieving the goal at the foundation of the values that America's all about -- equality, equal opportunity and dignity for all Americans,” he told reporters during a Pentagon news briefing. Panetta reaffirmed his dedication to all who are serving and ensuring everyone who wishes to serve has the opportunity to do so regardless of sexual preference. “As secretary of defense, I am committed to removing all of the barriers that would prevent Americans from serving their country and from rising to the highest level of responsibility that their talents and capabilities warrant,” he said. “These are men and women who put their lives on the line in the defense of this country, and that's what should matter the most.” Panetta credited several groups for helping prepare the Defense Department for the implementation of the repeal. “I want to thank the repeal implementation team and the service secretaries, along with the service chiefs, for all of their efforts to ensure that DOD is ready to make this change, consistent with standards of military readiness, with military effectiveness, with unit cohesion, and with the recruiting and retention of the armed forces,” he said."

News release: "Gender equality matters in its own right but is also smart economics: Countries that create better opportunities and conditions for women and girls can raise productivity, improve outcomes for children, make institutions more representative, and advance development prospects for all, says a new World Bank flagship report. The World Development Report 2012: Gender Equality and Development details big strides in narrowing gender gaps but shows that disparities remain in many areas. The worst disparity is the rate at which girls and women die relative to men in developing countries: Globally, excess female mortality after birth and “missing” girls at birth account for an estimated 3.9 million women each year in low- and middle-income countries. About two-fifths are never born due to a preference for sons, a sixth die in early childhood, and over a third die in their reproductive years. These losses are growing in Sub-Saharan Africa, especially in countries hard-hit by HIV/AIDS."

Life in Limbo - An Examination of Parole Release for Prisoners Serving Life Sentences with the Possibility of Parole in California, Robert Weisberg, Debbie A. Mukamal and Jordan D. Segall. September 2011. Stanford Criminal Justice Center

Transactional Records Access Clearinghouse - Rising Immigration Backlog At All-time High Yet Criminal, National Security, and Terrorism Cases Fall

July-December, 2010 International Religious Freedom Report

News release: 'Women's rights/Equal opportunities; Plenary sessions, September 13, 2011: "Women setting up and running small and medium-sized enterprises need better financial and educational support, says a resolution adopted on Tuesday. Parliament also calls on Member States to help women over 50 to stay in or return to the labour market. Only one in ten women in the EU is an entrepreneur, as opposed to one in four men. Parliament therefore calls on the Commission, Member States and regional and local authorities to do more to publicise and improve take-up of funding opportunities for female entrepreneurs such as special grants, venture capital, social security provisions and interest rate rebates. The European Progress Microfinance Facility, for example, provides micro-loans of up to €25,000 to micro-enterprises and to people who wish to start up their own business but who have no access to traditional banking services. "In spite of all the constraints and restrictions faced by women today, a growing number of women have proved to be more than capable of creating successful businesses. Put simply, in a time of economic uncertainty, Europe can no longer afford to leave such a vibrant source of potential untapped!", said rapporteur Marina Yannakoudakis (ECR, UK)."

The Library of Congress - THOMAS: "This site was begun in September 2001 as a way of keeping the public readily apprised of legislation related to the terrorist attack on the United States that month. The selection, made by hand, is necessarily subjective, as the September 11th attack had a ripple effect on legislation in the second session of the 107th Congress, making boundaries difficult to draw. The site will not be updated after the conclusion of the 107th. Not included here are appropriations and authorization bills, which may include provisions relevant to our response to terrorism, but included are some bills related to bio-terrorism and not September 11th."

News release: "Following a comprehensive investigation, the Justice Department today announced its findings that the Puerto Rico Police Department (PRPD) has engaged in a pattern and practice of misconduct that violates the Constitution and federal law. The investigation, launched in July 2008, was conducted in accordance with the Violent Crime Control and Law Enforcement Act of 1994 and the Omnibus Crime Control and Safe Streets Act of 1968. The Justice Department found reasonable cause to believe that a pattern and practice of unconstitutional conduct and/or violations of federal law occurred in several areas, including: Use of excessive force; Use of unreasonable force and other misconduct designed to suppress the exercise of protected First Unconstitutional stops, searches and arrests."

"The Circuit Court for the District of Columbia has ruled that the Department of Justice must release information regarding government surveillance of cell phone location data. The American Civil Liberties Union had filed a Freedom of Information Act request for information regarding current and past cases where the Department of Justice had accessed cell phone location data without a warrant. The agency sought to keep this information secret, claiming that releasing cell phone tracking data could implicate privacy of investigation subjects. The court, however, disagreed, stating, "The disclosure sought by the plaintiffs would inform this ongoing public policy discussion by shedding light on the scope and effectiveness of cell phone tracking as a law enforcement tool." For more information, see EPIC: Wiretapping and EPIC: Electronic Surveillance 1968-2010."

The Logic of Child Soldiering and Coercion, by Bernd Beber/New York University and Christopher Blattman/Yale University†, July 2011

"A Federal judge has ruled that law enforcement officers must have a warrant to access cell phone locational data. Courts are divided regarding whether or not this type of data should be protected by a warrant requirement. Judge Garaufis of the Eastern District of New York, found that "The fiction that the vast majority of the American population consents to warrantless government access to the records of a significant share of their movements by 'choosing' to carry a cell phone must be rejected…In light of drastic developments in technology, the Fourth Amendment doctrine must evolve to preserve cell-phone user's reasonable expectation of privacy in cumulative cell-site-location records." EPIC has filed amicus briefs in several related cases. For more information see: EPIC: Commonwealth v. Connolly, EPIC: US v. Jones, and EPIC: Locational Privacy."

"Country Reports on Terrorism 2010 is an annual Congressionally mandated report that provides an assessment of trends and events in international terrorism that transpired from January 1 to December 31, 2010. Besides filling a Congressional requirement, this publication aims to enhance the public’s understanding of the international terrorist threat. The report focuses on policy-related assessments, country-by-country breakdowns of foreign government counterterrorism cooperation, and contains chapters on WMD terrorism, State Sponsors of Terrorism, Terrorist Safe Havens, and Foreign Terrorist Organizations. The report also includes a statistical annex prepared by the National Counterterrorism Center. The statistics show more than 11,500 terrorist attacks occurred in 72 countries during 2010, resulting in more than 13,200 deaths. Although the number of attacks rose by almost 5 percent from the previous year, the number of deaths declined for a third consecutive year, dropping 12 percent from 2009. For the second consecutive year, the largest number of reported attacks occurred in South Asia and the Near East, with more than 75 percent of the world’s attacks and deaths occurring in these regions."

International Bloggers and Internet Control, Hal Roberts, Ethan Zuckerman, Jillian York, Robert Faris, and John Palfrey. Berkman Center for Internet & Society, August 2011

"Freedom House launched a special report, Promise and Reversal: The Post-Soviet Landscape Twenty Years On, to mark the 20th anniversary of the failed Soviet coup of August 19, 1991. A retrospective essay examining changes in the state of political rights and civil liberties in the former Soviet Union over the last two decades, as well as graphs and rankings that illustrate the region’s performance in the annual Freedom House publications Freedom in the World and Freedom of the Press, highlight that there is a serious and disturbing failure to embrace democratic institutions in most of the post-Soviet region."

Benhabib, Seyla, Is There a Human Right to Democracy? Beyond Interventionism and Indifference (2011). APSA 2011 Annual Meeting Paper.

Principles of Effective State Sentencing and Corrections Policy - A Report of the NCSL Sentencing and Corrections Work Group, August 2011

"This week, President Obama directed a comprehensive review to strengthen the United States’ ability to prevent mass atrocities. The President’s directive states plainly that: “Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States of America.” The directive creates an important new tool in this effort, establishing a standing interagency Atrocities Prevention Board with the authority to develop prevention strategies and to ensure that concerns are elevated for senior decision-making so that we are better able to work with our allies and partners to be responsive to early warning signs and prevent potential atrocities. The directive recognizes that preventing mass atrocities is a responsibility that all nations share and that other countries must also be enlisted to respond to particular crises. Therefore, the directive calls for a strategy [see the Fact Sheet] for engaging key regional allies and partners so that they are prepared to accept greater responsibility for preventing and responding to crimes against humanity."

"The Berkman Center is pleased to release Online Security in the Middle East and North Africa: A Survey of Perceptions, Knowledge, and Practice. This report describes the results of a survey of 98 bloggers in the Middle East and North Africa (MENA) carried out in May 2011 in order to study bloggers’ perceptions of online risk and the actions they take to address digital communications security, including both Internet and cell phone use. Digital communication has become a more perilous activity, particularly for activists, political dissidents, and independent media. The recent surge in digital activism that has helped to shape the Arab spring has been met with stiff resistance by governments in the region intent on reducing the impact of digital organizing and independent media. No longer content with Internet filtering, many governments in the Middle East and around the world are using a variety of technological and offline strategies to go after online media and digital activists. The survey was implemented in the wake of the Arab spring and documents a proliferation of online security problems among the respondents. In the survey, we address the respondents’ perceptions of online risk, their knowledge of digital security practices, and their reported online security practices. The survey results indicate that there is much room for improving online security practices, even among this sample of respondents who are likely to have relatively high technical knowledge and experience."

In the line of fire - Somalia’s children under attack, Amnesty international, July 2011

Commentary: "Britain is now enmeshed in a gigantic scandal around privacy invasions by the press and police. It began with revelations about reporters for Rupert Murdoch's British tabloid newspaper News of the World hacking into the voicemail of a murdered young girl, and has expanded as other privacy invasions have come to light."

"As a result of a lawsuit brought by EPIC, the D.C. Circuit Court of Appeals has ruled that the TSA violated federal law when it installed body scanners in airports for primary screening across the country without first soliciting public comment. The Administrative Procedure Act requires federal agencies to provide notice and opportunity for comment when implementing a rule that affects the rights of the public. Writing for a unanimous court, Judge Ginsburg found there was "no justification for having failed to conduct a notice-and-comment rulemaking," and said, "few if any regulatory procedures impose directly and significantly upon so many members of the public." EPIC's brief alleged that airport body scanners are "invasive, unlawful, and ineffective," and that the TSA's deployment of the devices for primary screening violated the U.S. Constitution and several federal statutes. For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology."

Follow up to previous postings on whole body scanning at airports, via EPIC: The European Parliament has adopted a resolution that sets out strict safeguards for airport body scanners. The resolution requires that Member States only "deploy technology which is the least harmful for human health" and establish substantial privacy protection. The resolution prohibits the use of body scanners that use ionizing radiation. New guidelines also state that airport body scanners "must not have the capabilities to store or save data." EPIC currently is pursuing a lawsuit to suspend the use of body scanners in the United States, citing several federal laws and the US Constitution. EPIC has called the US airport body scanner program "invasive, ineffective, and unlawful." For more information, see EPIC: EPIC v. DHS (Suspension of Body Scanner Program) and EPIC: Whole Body Imaging Technology."

"The Electronic Frontier Foundation (EFF) urged a federal court in Colorado today to block the government's attempt to force a woman to enter a password into an encrypted laptop, arguing in an amicus brief that it would violate her Fifth Amendment privilege against self-incrimination. A defendant in this case, Ramona Fricosu, is accused of fraudulent real estate transactions. During the investigation, the government seized an encrypted laptop from the home she shares with her family, and then asked the court to compel Fricosu to type the password into the computer or turn over a decrypted version of her data. But EFF told the court today that the demand is contrary to the Constitution, forcing Fricosu to become a witness against herself. "Decrypting the data on the laptop can be, in and of itself, a testimonial act -- revealing control over a computer and the files on it," said EFF Senior Staff Attorney Marcia Hofmann. "Ordering the defendant to enter an encryption password puts her in the situation the Fifth Amendment was designed to prevent: having to choose between incriminating herself, lying under oath, or risking contempt of court."

Progress of the World’s Women 2011–2012: In Pursuit of Justice

Via LLRX.com: Pretrial Detention, Bail and Due Process - Ken Strutin's guide comprises recent publications and other notable resources concerning the relationship between the administration of bail and the requirements of due process. Pretrial detention of suspects directly impacts the presumption of innocence. The cornerstone of the justice system is that no one will be punished without the benefit of due process. Incarceration before trial, when the outcome of the case is yet to be determined, cuts against this principle. The Founders were aware of the dangers inherent in indiscriminate imprisonment, which is one of the main reasons behind the inclusion of the Eighth Amendment in the Bill of Rights, prohibiting excessive bail.

"Federal and state applications for orders authorizing or approving the interception of wire, oral or electronic communications increased 34 percent in 2010, compared to the number reported in 2009. The interceptions are reported in the 2010 Wiretap Report, released today by the Administrative Office of the United States Courts (AOUSC). The current report covers intercepts concluded between January 1, 2010 and December 31, 2010. A total of 3,194 intercept applications by federal and state courts were authorized in 2010, with 1,207 applications by federal authorities authorized and 1,987 applications by 25 states authorized. One application was denied. Installed intercepts totaled 2,311."

Follow up to previous postings on sentencing guidelines, this ews release: "The United States Sentencing Commission voted unanimously today to give retroactive effect to its proposed permanent amendment to the federal sentencing guidelines that implements the Fair Sentencing Act of 2010. Retroactivity of the amendment will become effective on November 1, 2011 - the same day that the proposed permanent amendment would take effect; unless Congress acts to disapprove the amendment...Not every federal crack cocaine offender in federal prison will be eligible for a lower sentence as a result of this decision. The Commission estimates, based on Fiscal Year 2010 sentencing data, that approximately 12,000 offenders may be eligible to seek a sentence reduction. The average sentence reduction for eligible offenders will be approximately 37 months, and the overall impact on the eligible offender population will occur incrementally over decades. The average sentence for these offenders, even after reduction, will remain about 10 years. The Bureau of Prisons estimates that retroactivity of the Fair Sentencing Act of 2010 amendment could result in a savings of over $200 million within the first five years after retroactivity takes effect."

OECD draft Communiqué on Principles for Internet Policy-Making, June 29, 2011

News release: "The authoritarian countries of the former Soviet Union have built governance systems that are resistant to reform and therefore increasingly vulnerable to unpredictable crises of the sort recently seen in the Middle East and North Africa, according to a new study released by Freedom House. Nations in Transit 2011, the latest edition of Freedom House’s annual assessment of democratic development in Central and Eastern Europe and the former Soviet Union, also finds that the ever-growing tenures of authoritarian leaders in the former Soviet Union have contributed to a number of looming governance problems, including the inability to develop law-based systems, tackle corruption, and—especially in the case of energy-dependent states such as Azerbaijan, Kazakhstan, and Russia—diversify their economies."

EPIC: "In a FOIA lawsuit against the Department of Homeland Security, EPIC has just obtained documents concerning the radiation risks of TSA's airport body scanner program. The documents include agency emails, radiation studies, memoranda of agreement concerning radiation testing programs, and results of some radiation tests. One document set reveals that even after TSA employees identified cancer clusters possibly linked to radiation exposure, the agency failed to issue employees dosimeters - safety devices that could assess the level of radiation exposure. Another document indicates that the DHS mischaracterized the findings of the National Institute of Standards and Technology, stating that NIST "affirmed the safety" of full body scanners. The documents obtained by EPIC reveal that NIST disputed that characterization and stated that the Institute did not, in fact, test the devices. Also, a Johns Hopkins University study revealed that radiation zones around body scanners could exceed the "General Public Dose Limit." For more information, see EPIC: EPIC v. Department of Homeland Security - Full Body Scanner Radiation Risks and EPIC: EPIC v. DHS (Suspension of Body Scanner Program)."

Book review: "More than 160 million females are “missing” from Asia’s population. That’s more than the entire female population of the United States. Gender imbalance—which is mainly the result of sex selective abortion—is no longer strictly an Asian problem. In Azerbaijan and Armenia, in Eastern Europe, and even among some groups in the United States, couples are making sure at least one of their children is a son. So many parents now select for boys that they have skewed the sex ratio at birth of the entire world. In her first book, Unnatural Selection: Choosing Boys Over Girls, and the Consequences of a World Full of Men, Mara Hvistendahl explores how this has occurred, asking why women and girls are becoming scarce in Asia and Eastern Europe as these regions develop, and what will happen when the world’s extra boys grow up. Drawing on extensive reporting in China, India, Vietnam, South Korea, Albania, and other countries, Hvistendahl weaves together the story of the world’s “missing” women into a riveting narrative, casting everyone from prostitutes, mail-order brides, and militant nationalists to geneticists, activists, and AIDS researchers—along with the California fertility doctors hard at work selling the world’s parents on the latest form of sex selection. In this discussion, she delves into the implications for security, women's rights, governance, and economic development."

NYT: "The Federal Bureau of Investigation is giving significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention. The F.B.I. soon plans to issue a new edition of its manual, called the Domestic Investigations and Operations Guide, according to an official who has worked on the draft document and several others who have been briefed on its contents. The new rules add to several measures taken over the past decade to give agents more latitude as they search for signs of criminal or terrorist activity. The F.B.I. recently briefed several privacy advocates about the coming changes. Among them, Michael German, a former F.B.I. agent who is now a lawyer for the American Civil Liberties Union, argued that it was unwise to further ease restrictions on agents’ power to use potentially intrusive techniques, especially if they lacked a firm reason to suspect someone of wrongdoing."

"EPIC and a coalition of privacy, consumer rights, and civil rights organizations filed a statement to the Department of Homeland Security in opposition to the proposed expansion of the employment verification system, "E-Verify." The agency announced plans to incorporate state driver license records that could significantly expand the use of the Homeland Security database. The groups said that the DHS proposal is unlawful and looks very similar to the REAL ID scheme that was previously defeated. EPIC has testified before Congress and published a Spotlight on Surveillance report about E-Verify. For more information, see EPIC: Employment Eligibility Verification System and EPIC: National ID."

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "The House has approved the 2012 budget for the Transportation Security Administration, cutting $270 million from the amount originally requested by the Agency. The cuts include $76 million that had been designated for the purchase of 275 airport body scanners. Leading lawmakers and activists have called attention to the health risks associated with the scanners, as well as their invasiveness. Representative Jason Chaffetz (R-UT) criticized the machines as “slow” and “ineffective.”

Belatedly but nevertheless, here is the Newsweek and The Daily Beast Honor 150 Extraordinary Women: "They are heads of state and heads of household, angry protesters in the city square and sly iconoclasts in remote villages. With a fiery new energy, women are building schools, starting businesses, fighting corruption, harnessing new technologies and breaking down old prejudices. Whenever a woman or girl gains control of her destiny, the local standard of living goes up and the values of human rights spread. So this year, and every year, Newsweek and The Daily Beast will honor local heroes, and the growing network of powerful women who support their efforts. Plus, read more about the Women in the World conference."

United Nations General Assembly: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, May 16, 2011

RollCall: "After two days of wrangling and last-minute deal-making in the Senate, Congress cleared a reauthorization of the USA PATRIOT Act on Thursday, and the Obama administration announced that the president signed the bill into law before provisions of the anti-terrorism act expired at midnight. A standoff over amendments in the Senate ate into the time needed to fly the enrolled bill to President Barack Obama, who is traveling in Europe. Instead of physically signing the bill, Obama planned to direct the use of an autopen to sign it, White House spokesman Nick Shapiro said in an email shortly after the House cleared the bill. “Failure to sign this legislation poses a significant risk to U.S. national security,” Shapiro said in the email. Autopens generate a facsimile of an individual’s signature and are frequently used by Members of Congress for signing constituent correspondence and other letters. The Justice Department’s Office of Legal Counsel advised in 2005 that the president may sign a bill by autopen."

EPIC: "A draft agreement between the United States and the European Union will allow the U.S. Department of Homeland Security to store passenger data for up to 15 years. The passenger data includes names, addresses, phone numbers, and credit card information, and even ethnic origin, political opinions, and details of health or sex life. The 15 year time period in the proposed agreement is three times that allowed under Europe's existing Passenger Name Record regime. See also EPIC: EU-US Airline Passenger Data Disclosure."

"Because we believe that Internet censorship is not only against the basic purpose of the Internet, which is to let people communicate what the want to with the people they want to communicate with, but also fundamentally against the universal right to freedom of opinion and expression [which] includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers (UDHR, Article 19), we offer you here "How to bypass Internet Censorship". This book, How to bypass Internet Censorship. will not only help you find your way in the diversity of tools and techniques that allow you to defeat Internet censorship, but will also tell you more about how censorship works behind the curtains. You will also learn about the risks that may be linked to the use of such tools, and help you evaluate and mitigate them thanks to encryption or anonymization techniques."

"...the Administration has transmitted a cybersecurity legislative proposal to Capitol Hill in response to Congress’ call for assistance on how best to address the cybersecurity needs of our Nation. This is a milestone in our national effort to ensure secure and reliable networks for Americans, businesses, and government; fundamentally, this proposal strikes a critical balance between maintaining the government’s role and providing industry with the capacity to innovatively tackle threats to national cybersecurity. Just as importantly, it does so while providing a robust framework to protect civil liberties and privacy."

• Read the fact sheet
  
• Read about the Administration’s Cybersecurity Accomplishments
  
• Read the text of the legislative proposal.

FISA Annual Reports to Congress 2010 [via FAS]

Via LLRX.com - The Age of Innocence: Actual, Legal and Presumed: Ken Strutin reasons that any accounting of the justice system would put the presumption of innocence at the top of the ledger. The premise underlying this evidentiary rule is that no one should be found guilty of a crime unless the state has convinced a jury with proof beyond a reasonable doubt. The materials Ken has researched and documented for this guide focus on the drift from unitary innocence, which encompasses all possible claims to a wrongful conviction, to factual innocence rooted in exoneration jurisprudence. According to some scholars, factual exonerations may have confounded the wisdom behind the Blackstone Ratio and its overarching message, i.e., criminal law and procedure ought to be weighted in favor of innocence to avoid wrongful conviction, even if there is a chance that the guilty will benefit as well. In other words, a system of justice that is fair to all and seeks to protect the innocent from wrongful prosecutions must apply safeguards that will be over inclusive. The calculations of truth and fairness are rooted in a system of justice based on due process (or a presumption of due process). The scholarship collected here attempts to address questions of whether the concept of innocence is selective or categorical.

The Deciders: Facebook, Google, and the Future of Privacy and Free Speech, Jeffrey Rosen

Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire, May 27, 2011

Cyrus Nemati, CDT: "If you've been following our Take Back Your Privacy campaign, you've seen our weekly privacy tips. Each week, we offer readers a new way to protect their privacy online through plug-ins, browser tricks, programs, and general privacy best practices. While each tip has merit in its own right, there are a few tips that give you a great amount of control over your online privacy. Without further ado, here are Take Back Your Privacy's Top Five Privacy Tips."

The Guantanamo Docket - Documents and research related to the 779 people who have been sent to the Guantánamo Bay prison since 2002.

• Related Coverage From the Times
  
• Overview
  
• Detainees
  
• Transfer Countries
  
• Citizenship
  
• Timeline
  
• About

"The Solicitor General filed a petition with the Supreme Court about the growing dispute in the federal courts over warrantless locational tracking. There is a split among the appellate court about GPS tracking by police agencies. The petition appeals a decision from the DC Circuit which held that the warrantless tracking of a motor vehicle violates the Constitutional right against unlawful searches. Earlier, EPIC filed an amicus brief in the Massachusetts Supreme Judicial Court case that also held that a warrant is required for the use of a GPS tracking device. For more information, see EPIC - Commonwealth v. Connolly and EPIC - Locational Privacy."

"On 15 April 2011, the European Data Protection Supervisor (EDPS) adopted an opinion on the Commission's proposal aimed at revising the financial rules applicable to the annual budget of the European Union ("EU Financial Regulation"). The proposal covers several matters which involve the processing of personal data by the EU institutions and by entities at Member State level. One of the most significant new elements introduced by the proposal is the possibility to publish decisions on administrative and financial penalties. Such publication would entail the disclosure of information about the person concerned in an identifiable way. The EDPS believes that this provision does not meet the requirements of data protection law. To better comply with data protection rules, it should be improved by explicitly indicating the purpose for the disclosure and by ensuring the consistent application of the possibility of what is in fact naming and shaming of persons, with use of clear criteria to demonstrate the necessity of the disclosure."

National Strategy for Trusted Identities in Cyberspace, Enhancing Online Choice, Efficiency, Security, and Privacy - April 2011

Famous poet's writings as a Federal employee shed new light on his life and work: "The National Archives today announced the identification of nearly 3,000 Walt Whitman documents written during his service as a Federal government employee. This trove of information--conclusively identified as Whitman's papers for the first time by University of Nebraska-Lincoln (UNL) scholar Kenneth Price--sheds light on the legendary poet's post-war thinking, as well as Whitman's published reflections on the state of the nation that soon followed. Price discusses the significance of this discovery in the National Archives Inside the Vaults video short."

"Last week, in conjunction with the release of its annual Human Rights Report, the State Department officially launched HumanRights.gov, a new central portal for international human rights-related information generated by the United States Government. HumanRights.gov was designed in the letter and spirit of President Obama’s Open Government Directive issued in January 2009, requiring Federal agencies to take specific steps to achieve key milestones in transparency, participation, and collaboration. HumanRights.gov is primarily aimed at increasing the American public’s access to human rights-related information and understanding of our global engagement on these critical issues. We hope that it proves equally valuable to citizens of other nations seeking to promote accountability and change in their own societies."

2010 Human Rights Report, Bureau of Democracy, Human Rights, and Labor, released April 8, 2011

"This short essay will be part of an issue of the Federal Sentencing Reporter devoted to recommended action for the U.S. Sentencing Commission. The present essay calls attention to the relevance of therapeutic jurisprudence to the sentencing function. It looks at some legal rules and guidelines that do not effectively motivate convicted persons to focus on the future, and it also shows how judges need guidance not only on what sentences to impose but also on the manner and process of sentence imposition."

News release: "Today, Vice President Biden and Secretary of Education Arne Duncan introduced comprehensive guidance to help schools, colleges and universities better understand their obligations under federal civil rights laws to prevent and respond to the problem of campus sexual assault. The new guidance, announced at the University of New Hampshire in Durham, New Hampshire, makes clear the legal obligations under Title IX of any school, college or university receiving federal funds to respond promptly and effectively to sexual violence. The guidance also provides practical examples to aid educators in ensuring the safety of their students. Under Title IX – a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities – discrimination can include sexual violence, such as rape, sexual assault, sexual battery and sexual coercion. The guidance, the first specifically advising schools, colleges and universities that their responsibilities under Title IX include protecting students from sexual violence, also details enforcement strategies that schools and the Department's Office for Civil Rights (OCR) may use to end sexual violence, prevent its recurrence, and remedy its effects."

News release: "Countries which continue to use the death penalty are being left increasingly isolated following a decade of progress towards abolition, Amnesty International has said today in its new report Death Sentences and Executions in 2010. A total of 31 countries abolished the death penalty in law or in practice during the last 10 years but China, Iran, Saudi Arabia, the USA and Yemen remain amongst the most frequent executioners, some in direct contradiction of international human rights law."

The Office of Special Investigations: Striving for Accountability in the Aftermarth of the Holocaust, by Judy Feigin, Edited by Mark M Richard, Former Deputy Assistant Attorney General, Department of Justice Criminal Division, December 2008

• EEOC fact sheets about the law and new regulations: EEOC - The Americans with Disabilities Act Amendments Act of 2008
• EEOC press release: EEOC Announces Final Bipartisan Regulations for the ADA Amendments Act
• Federal Register: Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended

"EPIC asked a federal court in Washington, DC to reconsider its earlier decision allowing the Department of Homeland Security to keep secret 2,000 airport body scanner images in EPIC's Freedom of Information Act lawsuit. The Court relied on a legal theory in its decision, "Exemption High b(2)," that was recently struck down by the Supreme Court in Navy v. Milner. In Milner, the Court held that FOIA exemption 2 only applies to records concerning employee relations and human resources issues. Milner overturns previous lower court decisions that applied the exemption to broader categories of records, allowing federal agencies to block disclosure of documents to the public. EPIC argues in its motion that the Department of Homeland Security is unlawfully withholding information about the airport scanners from the public. For more information, see EPIC-Milner v. Dept. of Navy and EPIC v. DHS - Body Scanners."

News release: "The Department of Defense today released the Fiscal Year 2010 Annual Report on Sexual Assault in the Military. This year’s report also incorporates results from the quadrennial 2010 Workplace and Gender Relations Survey of Active Duty Members, an anonymous and voluntary survey conducted by the Defense Manpower Data Center, which measures gender issues among members of the armed forces. Over the last two years, the department has made significant efforts to prevent and respond to sexual assault. While it appears these efforts are beginning to payoff, there is still work to do to integrate and continue our efforts across the department and the services."

News release: "The Inter-American Commission on Human Rights (IACHR) today is publishing its Report on Immigration in the United States: Detention and Due Process. The report contains the conclusions of an investigation the IACHR carried out to ascertain whether policies and practices on immigrant-related detention in the United States were compatible with the country's international obligations in the area of human rights. The report also includes recommendations for ensuring that detention policies fulfill those obligations. One of the Inter-American Commission's main concerns is the increasing use of detention based on a presumption of its necessity, when in fact detention should be the exception. The IACHR is convinced that detention is a disproportionate measure in many if not most cases, and that programs that provide for alternatives to detention would be a more balanced means to serve the State's legitimate interest in ensuring compliance with immigration laws. For those cases in which detention is strictly necessary, the Inter-American Commission is troubled by the lack of a genuinely civil detention system with general conditions that are commensurate with human dignity and humane treatment, as well as special conditions called for in cases of non-punitive detention. The IACHR is also disturbed by the fact that the management and personal care of immigration detainees is frequently outsourced to private contractors, yet insufficient information is available concerning the mechanisms in place to supervise the contractors."

EPIC: "In a hearing before the House Oversight Subcommittee on National Security, EPIC urged Congress to suspend the use of airport body scanners for primary screening. EPIC said the devices were not effective and were not minimally intrusive, as courts have required for airport searches. EPIC cited TSA documents obtained in EPIC's FOIA lawsuit which showed that the machines are designed to store and transfer images, and not designed to detect powdered explosives. EPIC was joined on the panel by radiation expert Dr. David Brenner, who has frequently pointed out the radiation risks created by these machines. The TSA, which is a federal agency funded by taxpayer dollars and responsible for the body scanner program, originally refused to testify at hearing. Eventually they showed up. Chairman Jason Chaffetz, who had previously sponsored a bill regarding body scanners, grilled the TSA officials and said the hearing would continue with more questions. For more information see EPIC: Whole Body Imaging Technology and EPIC: EPIC v. DHS."

Making Google Accessible - "As part of Google’s mission to make the world’s information universally accessible and useful, we’re committed to making accessibility a reality for all of our users, including those with disabilities."

Closing the Guantanamo Detention Center: Legal Issues, February 11, 2011

News release: "...the Justice Department’s Bureau of Justice Statistics released the first in a series of data analysis tools that will enable the public to explore the recidivism patterns of persons involved with the criminal justice system. The new Prisoner Recidivism Analysis Tool allows users to conduct customized analyses of a large database describing the recidivism of prisoners released in 1994 and followed for a three-year period after release. In 2012, BJS plans to update the tool with new recidivism data on prisoners released in 2005. The public can use this online tool to analyze a large research database and verify statistics found in government publications, media reports or other sources that use these data. The tool allows users to move beyond the published statistics to explore in more detail the recidivism patterns of released prisoners. Users may examine the recidivism patterns of released prisoners based on one or more attributes, such as gender, age at release, race, commitment offense, sentence length, prior arrests and prior commitments."

News release: "For the first time, industry groups and civil liberties interests have come together to advocate a comprehensive, common approach to cybersecurity. That approach is reflected in today's release of a cybersecurity white paper that rejects government mandates and advocates for a stronger partnership between industry and government. The 20-page white paper is a joint release from CDT, U.S. Chamber of Commerce, Business Software Alliance, TechAmerica, and the Internet Security Alliance."

Via the White House, Women in America: Indicators of Social and Economic Well-Being

Guardian UK: "This Tuesday, International Women's Day will focus our attention on the struggle that millions still face against injustice and discrimination. In an impassioned essay, Mariella Frostrup argues that the fight for women's rights is far from over."

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "The Inspector General of the Department of Homeland Security released a report finding that the agency's contract files did not "contain[] sufficient evidence of justification and approval, market research, and acquisition planning" for the $1.3 billion dollars in noncompetitive contracts the agency entered into in fiscal year 2010. The noncompetitive process raises doubts that the agency secured the "best possible value" for the goods and services and that the contracts were awarded to "eligible and qualified vendors." The IG recommended that the agency’s Chief Procurement Officer pursue corrective action plans. EPIC previously criticized the agency’s contracting practices regarding whole body scanners. For related information see EPIC: EPIC v. DHS: Body Scanners (Suspend the Program) and EPIC: EPIC v. DHS (FOIA)."

The Tea Party, Religion and Social Issues, by Scott Clement, Survey Research Aanalyst, and John C. Green, February 23, 2011

News release: "Senator Charles E. Schumer, joined by New York Mayor Michael Bloomberg and Police Commissioner Raymond Kelly, announced today the introduction of legislation that would provide greater reporting to the National Instant Criminal Background Check System (NICS) for individuals with mental illness, domestic violence records, and drug abusers, by increasing the penalties for states that fail to adequately turn over records for those who are prohibited from owning a gun. The legislation will also require that all gun sales, including those by private sellers, be subject to a background check, effectively ending the gun show loophole. The legislation, based on a proposal put forward by the coalition of Mayor’s Against Illegal Guns is designed to help prevent the next mass shooting. The Senator made the announcement one week into the coalition’s Nationwide Drive to Fix Gun Checks, a campaign featuring a mobile billboard truck that tolls the tragic count of Americans that have been murdered with guns since the Tucson shooting."

Statement from the Department of Health and Human Services on the Regulation for the Enforcement of Federal Health Care Conscience Protections: "The administration strongly supports provider conscience laws that protect and support the rights of health care providers, and also recognizes and supports the rights of patients. Strong conscience laws make it clear that health care providers cannot be compelled to perform or assist in an abortion. Many of these strong conscience laws have been in existence for more than 30 years. The rule being issued today builds on these laws by providing a clear enforcement process. To underscore its support, HHS is beginning a new awareness initiative for our grantees through the HHS Office for Civil Rights, to ensure they understand the statutory conscience protections, and the enforcement process for those who believe their rights have been violated. The final conscience protection rule being issued today by HHS reaffirms the Department’s commitment to longstanding federal conscience statutes by maintaining and building upon provisions of the Bush administration rule that established an enforcement process for federal conscience laws, while rescinding the definitions and terms of the previous rule that caused confusion and could be taken as overly broad."

"EFF just received documents in response to a 2-year old FOIA request for information on the FBI’s "Going Dark" program, an initiative to increase the FBI's authority in response to problems the FBI says it's having implementing wiretap and pen register/trap and trace orders on new communications technologies. The documents detail a fully-formed and well-coordinated plan to expand existing surveillance laws and develop new ones. And although they represent only a small fraction of the documents we expect to receive in response to this and a more recent FOIA request, they were released just in time to provide important background information for the House Judiciary Committee’s hearing [February 17, 2011] on the Going Dark program."

Egyptians Find Their Power in Access to Information: "Make no mistake: Access to information, in a country with limited resources, served as the first catalyst for the Egyptian revolution that began January 25 and resulted 18 days later in the resignation of President Hosni Mubarak after almost 30 years in office. The internet, along with Facebook and Twitter, was the Open University that facilitated learning about democracy for Egypt’s young people...But on the internet, the release of a single document spread like a ferocious fire in seconds, and millions had access to it. In a nation where only one in 700 citizens read the newspapers, young people with some European-language skills were able to translate and share news about the rest of the world with their fellow Egyptians. Those who did not read a foreign language saw the images, which they received through mobile technologies." by Sohair Wastawy - dean of university libraries at Illinois State University in Normal - who the first chief librarian of the Bibliotheca Alexandrina in Alexandria, Egypt, where she served for six years.

Patterns of Misconduct: FBI Intelligence Violations from 2001 - 2008, A Report Prepared by the Electronic Frontier Foundation, January 2011

Freedom in the World 2011: The Authoritarian Challenge to Democracy, Washington, D.C, January 13, 2011: "Global freedom suffered its fifth consecutive year of decline in 2010, according to Freedom in the World 2011, Freedom House’s annual assessment of political rights and civil liberties around the world. This represents the longest continuous period of decline in the nearly 40-year history of the survey. The year featured drops in the number of Free countries and the number of electoral democracies, as well as an overall deterioration for freedom in the Middle East and North Africa region. A total of 25 countries showed significant declines in 2010, more than double the 11 countries exhibiting noteworthy gains. The number of countries designated as Free fell from 89 to 87, and the number of electoral democracies dropped to 115, far below the 2005 figure of 123. In addition, authoritarian regimes like those in China, Egypt, Iran, Russia, and Venezuela continued to step up repressive measures with little significant resistance from the democratic world. Published annually since 1972, Freedom in the World examines the ability of individuals to exercise their political and civil rights in 194 countries and 14 territories around the world. The latest edition analyzes developments that occurred in 2010 and assigns each country a freedom status—Free, Partly Free, or Not Free—based on a scoring of performance on key democracy indicators.

"January 27 marks the anniversary of the liberation of Auschwitz-Birkenau, the largest Nazi death camp. In 2005, the United Nations General Assembly designated this day as International Holocaust Remembrance Day (IHRD), an annual day of commemoration to honor the victims of the Nazi era. Every member nation of the U.N. has an obligation to honor the memory of Holocaust victims and develop educational programs as part of an international resolve to help prevent future acts of genocide. The U.N. resolution that created IHRD rejects denial of the Holocaust, and condemns discrimination and violence based on religion or ethnicity."

Via FAS: China: Student Informant System to Expand, Limiting School Autonomy, Free Expression (U//FOUO - "Unclassified // For Official Use Only")- 23 November 2010, CIA-DI-10-05021 [This report was prepared by the Open Source Works, which was charged by the Director for Intelligence with drawing on language trained analysts to mine open-source information for new or alternative insights on intelligence issues.]

Follow up to Justice Scalia's Comments on equal protection clause of the 14th Amendment to the U.S. Constitution, via Slate - Who Does Justice Look Like? Her changing features — and skin color — over the centuries, by Dennis Curtis and Judith Resnik

Domestic Intelligence: New Powers, New Risks [released 01/18/11], by Emily Berman - Counsel in the Liberty and National Security Program at the Brennan Center for Justice

News release: "The U.S. Equal Employment Opportunity Commission (EEOC) today announced that private sector workplace discrimination charge filings with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year (FY) 2010, which ended Sept. 30, 2010. Despite the increase in overall charges filed with the EEOC last fiscal year, the Commission dramatically slowed the growth of the charge inventory. As a result, the federal agency ended FY 2010 with 86,338 pending charges - an increase of only 570 charges, or less than one percent. Between fiscal years 2008 and 2009, the EEOC's pending inventory increased 15.9 percent. The FY 2010 data show that the EEOC filed 250 lawsuits, resolved 285 lawsuits, and resolved 104,999 private sector charges. Through its combined enforcement, mediation and litigation programs, the EEOC secured more than $404 million in monetary benefits from employers -- the highest level of monetary relief ever obtained by the Commission through the administrative process -- to promote inclusive and discrimination-free workplaces. The FY 2010 enforcement and litigation statistics, which include trend data, are available online here."

News release: "Global freedom suffered its fifth consecutive year of decline in 2010, according to Freedom in the World 2011, Freedom House’s annual assessment of political rights and civil liberties around the world. This represents the longest continuous period of decline in the nearly 40-year history of the survey. The year featured drops in the number of Free countries and the number of electoral democracies, as well as an overall deterioration for freedom in the Middle East and North Africa region. A total of 25 countries showed significant declines in 2010, more than double the 11 countries exhibiting noteworthy gains. The number of countries designated as Free fell from 89 to 87, and the number of electoral democracies dropped to 115, far below the 2005 figure of 123. In addition, authoritarian regimes like those in China, Egypt, Iran, Russia, and Venezuela continued to step up repressive measures with little significant resistance from the democratic world...Published annually since 1972, Freedom in the World examines the ability of individuals to exercise their political and civil rights in 194 countries and 14 territories around the world. The latest edition analyzes developments that occurred in 2010 and assigns each country a freedom status—Free, Partly Free, or Not Free—based on a scoring of performance on key democracy indicators. Four countries received status declines, including Ukraine and Mexico, which both fell from Free to Partly Free. Mexico’s downgrade was a result of the government’s inability to stem the tide of violence by drug-trafficking groups, while Ukraine suffered from deteriorating levels of press freedom, instances of election fraud, and growing politicization of the judiciary. Djibouti and Ethiopia were downgraded from Partly Free to Not Free. Other countries showing declines included Bahrain, Côte d’Ivoire, Egypt, France, Sri Lanka, and Venezuela."

Follow up to previous postings on government implementation of whole body scanning technology at airports, this News release: "A federal district court has granted the Department of Homeland Security's motion to conclude one of EPIC's Freedom of Information Act lawsuits. EPIC was seeking more than 2,000 images generated by airport body scanners held by the TSA. The DHS objected to the disclosure and the court sided with the government. The court relied on a legal theory, "Exemption High (b)(2)" that is currently under review by the Supreme Court in Milner v. Dept. of Navy. As a result of this lawsuit, EPIC obtained many documents concerning the airport screening program, including Procurement Specifications, Operational Requirements, traveler complaints, and vendor contracts with L3 and Rapiscan, that were subsequently made available to the public. EPIC may appeal the district court's decision as to the release of the body scanner images. For more information see EPIC: EPIC v. DHS and EPIC: Body Scanners."

News release: "...the FCC announced a challenge to researchers and software developers to engage in research and create apps that help consumers foster, measure, and protect Internet openness. The Open Internet Challenge is part of the FCC’s efforts to empower end users to help preserve Internet openness. Details of the challenge are posted at openinternet.gov/challenge. “This challenge is about using the open Internet to protect the open Internet,” said FCC Chairman Julius Genachowski. “Our goal is to foster user-developed applications that shine light on any practice that might be inconsistent with the free and open Internet. Empowering consumers with information about their own connections will promote a vibrant, innovative, world-leading broadband ecosystem.” The Open Internet Challenge seeks to encourage the development of innovative and functional applications that provide users with information about the extent to which their fixed or mobile broadband Internet services are consistent with the open Internet. These software tools could, for example, detect whether a broadband provider is interfering with DNS responses, application packet headers, or content."

LMU Professor Presents Case for Dolphins as Nonhuman Persons at Science Conference: "Are dolphins nonhuman persons? Loyola Marymount University professor Thomas White insists they are, and presented his research this week at the American Association for the Advancement of Science conference in San Diego. White, the author of “In Defense of Dolphins: The New Frontier,” spoke on a panel on the Ethical Implications of Dolphin Intelligence: Dolphins as Nonhuman Persons. He and other experts discussed scientific research showing dolphins are highly intelligent, and, like humans, appear to be self-conscious, unique individuals with personalities, memories and a sense of self. They are vulnerable to pain and suffering and experience fear, dread and grief, the research suggests.

PEOPLE v. DIAZ, Criminal Appeal, Start Date: 09/09/2008. Opinion issued - Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. This case presents the following issues: (1) Was defendant's cell phone an item "immediately associated with the person of the arrestee" within the meaning of United States v. Edwards (1974) 415 U.S. 800, and thus subject to search incident to his arrest? (2) Was the warrantless search of the cell phone an hour and a half after the arrest, while defendant was being interrogated, invalid under United States v. Chadwick (1977) 433 U.S. 1? The court ordered briefing deferred pending the decision of the United States Supreme Court in Arizona v. Gant, No. 07-542, cert. granted Feb. 25, 2008, __ U.S. __ [128 S.Ct. 1443, 170 L.Ed.2d 274], or further order of this court."

California Lawyer, January 2011 - Legally Speaking, The Originalist - Question: 'In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both?

"The Berkman Center for Internet & Society is pleased to announce the release of a new paper, Political Change in the Digital Age: The Fragility and Promise of Online Organizing, by Bruce Etling, Robert Faris, and John Palfrey."

Net Neutrality as Diplomacy, Jonathan Zittrain. Vol. 29, Yale Law & Policy Review, December 2010.

Washington Post: Auditors question TSA's use of and spending on technology: "The massive push to fix airport security in the United States after the attacks of Sept. 11, 2001, led to a gold rush in technology contracts for an industry that mushroomed almost overnight. Since it was founded in 2001, the TSA has spent roughly $14 billion in more than 20,900 transactions with dozens of contractors. In addition to beefing up the fleets of X-ray machines and traditional security systems at airports nationwide, about $8 billion also paid for ambitious new technologies. The agency has spent about $800 million on devices to screen bags and passenger items, including shoes, bottled liquids, casts and prostheses. For next year, it wants more than $1.3 billion for airport screening technologies. But lawmakers, auditors and national security experts question whether the government is too quick to embrace technology as a solution for basic security problems and whether the TSA has been too eager to write checks for unproven products."

• Small Change - Why the revolution will not be tweeted, by Malcolm Gladwell: "he world, we are told, is in the midst of a revolution. The new tools of social media have reinvented social activism. With Facebook and Twitter and the like, the traditional relationship between political authority and popular will has been upended, making it easier for the powerless to collaborate, coördinate, and give voice to their concerns...Some of this grandiosity is to be expected. Innovators tend to be solipsists. They often want to cram every stray fact and experience into their new model. As the historian Robert Darnton has written, “The marvels of communication technology in the present have produced a false consciousness about the past—even a sense that communication has no history, or had nothing of importance to consider before the days of television and the Internet.” But there is something else at work here, in the outsized enthusiasm for social media. Fifty years after one of the most extraordinary episodes of social upheaval in American history, we seem to have forgotten what activism is..." [entire article available free online]
• The Political Power of Social Media Technology, the Public Sphere, and Political Change, by Clay Shirky: "Since the rise of the Internet in the early 1990s, the world's networked population has grown from the low millions to the low billions. Over the same period, social media have become a fact of life for civil society worldwide, involving many actors -- regular citizens, activists, nongovernmental organizations, telecommunications firms, software providers, governments. This raises an obvious question for the U.S. government: How does the ubiquity of social media affect U.S. interests, and how should U.S. policy respond to it? As the communications landscape gets denser, more complex, and more participatory, the networked population is gaining greater access to information, more opportunities to engage in public speech, and an enhanced ability to undertake collective action. In the political arena, as the protests in Manila demonstrated, these increased freedoms can help loosely coordinated publics demand change."[Access to this article is available for non-subscribers until 2/13/2011]

"The number of adults under correctional supervision in the United States declined by less than one percent during 2009, dropping to 7,225,800 (or 48,800 fewer offenders than at yearend 2008), the Bureau of Justice Statistics (BJS) announced today. This was the first measured decline in the total number of adults under correctional supervision since BJS began reporting these populations in 1980. One in 32 adults, or about 3.1 percent of U.S. adult residents, was under correctional supervision at yearend 2009, down slightly from the rate of supervision in 2008. Although comparatively small, decreases in the probation population (down by 40,079 offenders) and the parole population (down by 5,526 offenders) were the first observed decreases since BJS began annual data collections on these populations in 1980. At yearend 2009, 4,203,967 adults were on probation, and 819,308 were under parole or other post-custody supervision. During 2009, entries to probation declined by 2.4 percent, and entries to parole declined by 1.2 percent. At the same time, the number leaving probation increased by 0.3 percent and leaving parole supervision increased by 0.9 percent. The increased number of offenders leaving probation and parole was associated with increases in the rate of offenders completing their terms of supervision. During 2009, 65 percent of probationers completed their terms, either by serving their full-term sentence or by early discharge, up from 58 percent in 2006. Among parolees, 51 percent completed their terms of supervision during 2009, up from 45 percent in 2006. The failure rate of offenders under community supervision—defined as the incarceration of offenders at any time during the year—remained relatively stable or declined during 2009. For probationers, the percent incarcerated at some time during the year remained relatively stable from 2006 (6.1 percent) through 2009 (5.8 percent). Among parolees, the failure rate declined slightly from 15.4 percent in 2006 to 14.0 percent in 2009."

The Berkman Center for Internet & Society is pleased to share a new report, Distributed Denial of Service Attacks Against Independent Media and Human Rights Sites by Ethan Zuckerman, Hal Roberts, Ryan McGrady, Jillian York, John Palfrey

NYT: "The Senate on Saturday struck down the ban on gay men and lesbians serving openly in the military, bringing to a close a 17-year struggle over a policy that forced thousands of Americans from the ranks and caused others to keep secret their sexual orientation. By a vote of 65 to 31, with eight Republicans joining Democrats, the Senate approved and sent to President Obama a repeal of the Clinton-era law, known as “don’t ask, don’t tell,” a policy critics said amounted to government-sanctioned discrimination that treated gay and lesbian troops as second-class citizens...Senator Ron Wyden, Democrat of Oregon, said as the debate opened. “If you love this country enough to risk your life for it, you shouldn’t have to hide who you are."

Organised crime and the efforts to combat it: A concern for public health, Lucy Reynolds & Martin McKee, Globalization and Health, Globalization and Health 2010, 6:21doi:10.1186/1744-8603-6-21

EPIC: December 10 marks the United Nation's annual International Human Rights Day, which celebrates the signing of the Universal Declaration of Human Rights. The Declaration sets forth universal privacy rights in Article 12 and rights to freedom of expression in Article 19. The Declaration's importance and influence is recognized in the U.S. State Department's annual Human Rights Reports. In 2009, the Public Voice published the Madrid Privacy Declaration, which affirmed these international rights to privacy and free and open expression. You can find more information and resources through the U.N. Dag Hammarskjöld Library's Human Rights Day page."

EPIC: December 10 marks the United Nation's annual International Human Rights Day, which celebrates the signing of the Universal Declaration of Human Rights. The Declaration sets forth universal privacy rights in Article 12 and rights to freedom of expression in Article 19. The Declaration's importance and influence is recognized in the U.S. State Department's annual Human Rights Reports. In 2009, the Public Voice published the Madrid Privacy Declaration, which affirmed these international rights to privacy and free and open expression. You can find more information and resources through the U.N. Dag Hammarskjöld Library's Human Rights Day page."

Changes in Airport Passenger Screening Technologies and Procedures: Frequently Asked Questions, Bart Elias, Specialist in Aviation Policy, November 23, 2010

US Courts: "A recently published study on federal death penalty cases offers updated findings on the cost, quality, and availability of defense representation. Among the findings: The median cost of a case in which the Attorney General authorized seeking the death penalty was nearly eight times greater than the cost of a case that was eligible for capital prosecution but in which the death penalty was not authorized. The report also shows that cases in which seeking the death penalty was authorized cost more than twice as much if they went to trial rather than being resolved through a plea agreement."

Institute for Human Rights and Development in Africa and the Human Rights Documentation Systems - "Established by the African Charter on Human and Peoples' Rights which came into force on 21 October 1986 after its adoption in Nairobi (Kenya) in 1981 by the Assembly of Heads of State and Government of the Organization of African Unity (OAU.), the African Commission on Human and Peoples' Rights is charged with ensuring the promotion and protection of Human and Peoples' Rights throughout the African Continent."

Report of the Comprehensive Review of the Issues Associated with a Repeal of “Don’t Ask, Don’t Tell”, Department of Defense, November 30, 2010

New York Review of Books, On the Death Sentence, John Paul Stevens' review of Peculiar Institution: America’s Death Penalty in an Age of Abolition, by David Garland

LLRX.com - Actual Innocence and Freestanding Claims for Relief: Ken Strutin has written extensively for LLRX.com on criminal law issues. He argues that false confessions, bad eyewitness identifications, and faulty forensics, among other problems, have shown that seemingly iron clad adjudications can reach the wrong result. A 'guilty' verdict only indicates that the government has proven beyond a reasonable doubt that the defendant committed each and every element of the crime, and not that the defendant actually committed the crime. A freestanding claim of actual innocence is a potentially powerful tool to assail a verdict that points to the wrong person. Still, courts have made only small gains in recognizing actual innocence generally as a basis for contesting a wrongful conviction. This article collects selected scholarship on "actual innocence" and litigating post-conviction claims that go beyond the procedural metrics of the trial process.

Follow up to previous postings on government implementation of whole body scanning technology at airports via CNET, Your risks and rights with TSA's 'enhanced' screening (FAQ).

Google: "..we’re releasing a white paper, Enabling Trade in the Era of Information Technologies: Breaking Down Barriers to the Free Flow of Information, that explores the ways that governments impose limits on the free flow of information online. It’s pretty wonky stuff, but the premise is simple: In addition to infringing human rights, governments that block the free flow of information on the Internet are also blocking trade and economic growth. Over the last two decades, the Internet has delivered tremendous economic and trade benefits. It has driven record increases in productivity, spurred innovation, created new economies, and fueled international trade. In part this is because the Internet makes geographically distant markets easy to reach. But this engine of economic growth is increasingly coming under attack. According to one study, more than forty governments now engage in broad-scale restriction of online information. Governments are blocking online services, imposing non-transparent regulation, and seeking to incorporate surveillance tools into their Internet infrastructure. These are the trade barriers of the 21st century economy...we urge policymakers in the United States, European Union and elsewhere to take steps to break down barriers to free trade and Internet commerce. These issues present challenges, but also an opportunity for governments to align 21st century trade policy with the 21st century economy."

EPIC: "A new poll by Zogby International finds that 61% of Americans polled between Nov. 19 and Nov. 22 oppose the use of full body scans and TSA pat downs. Of those polled, 52% believe the enhanced security measures will not prevent terrorist activity, almost half (48%) say it is a violation of privacy rights, 33% say they should not have to go through enhanced security methods to get on an airplane, and 32% believe the full body scans and TSA pat downs to be sexual harassment. The Zogby Poll is the most recent survey of American opinion on the new airport screening procedures. Combined with earlier polls by USA Today and the Washington Post-ABC News, the Zogby Poll reflects declining support for the TSA program."

• News release: "U.S. Rep. Rush Holt, a scientist and the Chairman of the House Select Intelligence Oversight Panel, Friday wrote the Administrator of the Transportation Security Administration (TSA), reiterating his concerns about the use of body imaging technology, notably about potential health effects and the effectiveness of the screening to detect the full range of explosive threats known or anticipated to be used by potential terrorists...the majority of the radiation from X-ray backscatter machines strikes the top of the head, which is where 85 percent of the 800,000 cases of basal cell carcinoma diagnosed in the United States each year develop."
  
• Airport body-scanner manufacturers armed for K Street battle: "...Companies like L-3 Communications, the defense contractor, are providing several of the scanners under a nearly $165 million TSA contract won earlier this year, are well-prepared for the fight."
  
• WaPo: Protesters' body scanner opt-out day could bring nationwide delays at airports

News release: "Today, the FBI released 2009 statistics which indicated that 6,604 criminal incidents involving 7,789 offenses were reported as a result of bias toward a particular race, religion, sexual orientation, ethnicity/national origin, or physical or mental disability. Hate Crime Statistics, 2009, published by the FBI’s Uniform Crime Reporting Program, includes data from hate crime reports submitted by law enforcement agencies throughout the nation."

Follow up to previous postings on government implementation of whole body scanning technology at airports, this news release: "The Air Line Pilots Association, Int’l (ALPA), welcomed the Transportation Security Administration (TSA) announcement of expedited screening for airline pilots as important action to move the nation toward a threat-based strategy that focuses security resources where the risk is highest and away from a one-size-fits-all approach...ALPA proposed the creation of a highly secure and effective security screening system that would quickly and accurately verify the identity and employment status of active airline pilots. As a result, ALPA’s Crew Personnel Advanced Screening System (CrewPASS) program would identify individual pilots as trusted and, as a result, enhance the overall security of air travel and reduce passenger delays. In [the November 19, 2010] announcement, the TSA acknowledged ALPA for developing the CrewPASS concept and committed to phasing in CrewPASS nationally. The CrewPASS system is currently operating at Baltimore-Washington Thurgood Marshall International, Pittsburgh International, and Columbia Metropolitan airports."

"The International Religious Freedom report is submitted to Congress annually by the Department of State in compliance with Section 102(b) of the International Religious Freedom Act (IRFA) of 1998. This report supplements the most recent Human Rights Reports by providing additional detailed information with respect to matters involving international religious freedom. It includes individual country chapters on the status of religious freedom worldwide."

Follow up to previous postings on government implementation of whole body scanning technology at airports, via National Journal, "The Transportation Security Administration is working to create an alternative screening process for pilots, the agency's chief said this morning, amid mounting protests by airline pilots over new airport scanners criticized as invasive and hazardous to health due to radiation exposure."

Revisions to Foreign Intelligence Surveillance Court's Rules of Procedure, effective November 1, 2010. [Government Attic]

H-2B Visa Program: Closed Civil Criminal Cases Illustrate Instances of H-2B Workers Being Targets of Fraud and Abuse, GAO-10-1053, September 30, 2010

Google Confronts China’s “Three Warfares”, by Timothy L. Thomas. Parameters, Summer 2010, Vol. 40, No. 2, U.S. Army War College.

News release: "The Electronic Frontier Foundation (EFF) filed suit against three agencies of the Department of Justice (DOJ) today, demanding records about problems or limitations that hamper electronic surveillance and potentially justify or undermine the Administration's new calls for expanded surveillance powers. The issue has been in the headlines for more than a month, kicked off by a New York Times report that the government was seeking to require "back doors" in all communications systems -- from email and webmail to Skype, Facebook and even Xboxes -- to ease its ability to spy on Americans. The head of the FBI publicly claimed that these "back doors" are needed because advances in technology are eroding agents' ability to intercept information. EFF filed a Freedom of Information Act (FOIA) request with the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), and the DOJ Criminal Division to see if that claim is backed up by specific incidents where these agencies encountered obstacles in conducting electronic surveillance."

Pay Equity Legislation, Jody Feder, Legislative Attorney, Linda Levine, Specialist in Labor Economics, September 20, 2010

News release: "In settling a lawsuit filed by the New York Civil Liberties Union, the federal government [October 18, 2010] recognized the public’s right to take photographs and record videos in public spaces outside federal courthouses throughout the nation. The settlement comes after the NYCLU sued the federal government in April on behalf of a Libertarian activist who was unlawfully arrested by federal officers after exercising his First Amendment right to record digital video outside of a federal courthouse in Lower Manhattan."

Opportunities for Community Development Finance in the Disability Market, Federal Reserve Bank of Boston, September 2010.

Preventable Error: A Report on Prosecutorial Misconduct in California 1997–2009, by Kathleen M. Ridolfi and Maurice Possley

"Incarceration reduces former inmates’ earnings by 40 percent and limits their future economic mobility, according to a new Pew report, Collateral Costs: Incarceration’s Effect on Economic Mobility. This is a growing challenge now that 1 in every 28 children in America has a parent behind bars, up from 1 in 125 just 25 years ago."

News release: "The UN Human Rights Council adopted a resolution in which it established for a period of three years a Working Group on the issue of discrimination against women in law and practise, and a decision in which it decided to hold a panel discussion on human rights in the context of action taken to address terrorist hostage-taking with a special focus on the primary responsibility of States...In a resolution (A/HRC/15/L.15) regarding the elimination of discrimination against women, adopted without a vote, the Council calls upon States to fulfill their obligations and commitments to revoke any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice, taking into account the fact that those laws violate the human right of women to be protected against discrimination; recognizes that women’s inequality before the law has resulted in the lack of equal opportunities for women in education, access to health, economic participation, access to labour markets and disparities in salaries and compensation, public and political participation, access to decision-making processes, inheritance, ownership of land, financial services, including loans, and nationality and legal capacity, as well as increased vulnerability to discrimination and violence, and that all countries face challenges in these areas; emphasizes the significant role that women play in economic development and in the eradication of poverty, and stresses the need to promote equal pay for equal work or work of equal value and for promoting the recognition of the value of women’s unremunerated work, as well as for developing and promoting policies that facilitate the reconciliation of employment and family responsibilities; calls upon States to pay particular attention to discrimination against women in situations of vulnerability, such as women living in poverty, migrant women, women with disabilities, and women belonging to minorities..."

"Are gender pay gaps more prevalent in some industries than others? Are women in management paying a price for being mothers? Are families who depend on the wages of Management Moms being penalized? The U.S. Congress Joint Economic Committee, chaired by Representative Carolyn B. Maloney, held a hearing, titled New Evidence on the Gender Pay Gap for Women and Mothers in Management, on September 28, 2010, to explore these questions. At the hearing, the Government Accountability Office (GAO) presented their findings of a comprehensive industry-by-industry assessment of wage differences between men and women managers. This report also, for the first time, takes an in-depth look at the impact of motherhood on the wage gap among managers and its impact on family incomes." Related documents as follows:

• "In many countries of the world, traditions and social norms restrict women’s empowerment. The OECD Social Institutions and Gender Index (SIGI) offers a tool to measure these hidden instances of gender discrimination. Drawing on 12 innovative indicators, the index captures the underlying reasons for existing gender gaps. SIGI indicators are based on an in-depth assessment of the situation of women and men in 124 low- and middle income countries, 102 of which are ranked based on their performance in social institutions."
  
• Targeting Inequity: The Gender Gap in U.S. Corporate Leadership, President and Chief Executive Officer, Catalyst, Inc.

News release: "Taking another step in its commitment to end disability discrimination in employment, the U.S. Equal Employment Opportunity Commission (EEOC) announced the filing of three new disability discrimination cases today, charging employers in Georgia, Maryland and Michigan with violations of the recently amended Americans With Disabilities Act (ADA). The cases — all filed under the broader and simplified definition of disability set forth in the ADA Amendments Act (ADAAA) — allege discrimination against qualified individuals with diabetes, cancer and severe arthritis."

A Review of the FBI's Investigations of Certain Domestic Advocacy Groups, September 2010

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "The United States Court of Appeals for the District of Columbia Circuit has set a briefing schedule for EPIC v. DHS, No. 10-1157, EPIC's challenge to the airport body scanner program. EPIC has alleged that that the Department of Homeland Security has violated three federal laws (the Administrative Procedures Act, the Privacy Act, and the Religious Freedom Restoration Act) and that the body scanner search itself is unconstitutional, given what the courts have said about the permissible scope of airport screening procedures. EPIC's initial brief will be due November 1, 2010. Subsequent briefs from DHS and EPIC will be due by December 15, 2010. In earlier open government litigation against DHS, EPIC obtained evidence that the devices are designed to store and record images."

"Very timely Justice Department data show that Immigration Judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century according to a new analysis by the Transactional Records Access Clearinghouse (TRAC). Twenty five years ago, in FY 1986, almost nine out of ten (89%) of the asylum requests in the Immigration Courts were denied. While the annual rates have gone up and down during the ensuing years, only half (50%) of the requests were denied during the first nine months of FY 2010 — a record low. One factor contributing to the improved success of the asylum seekers is that a higher proportion of the total are represented by counsel. It must be noted, however, that the number of those seeking asylum in court proceedings has fallen. These and many other findings have emerged in the fifth annual report of TRAC's monitoring series on Asylum Decisions in the Immigration Courts. The reports are based upon hundreds of thousands of case-by-case asylum records obtained under the Freedom of Information Act from the Executive Office for Immigration Review (EOIR). The records cover asylum decisions for the last quarter century, and are current through June 21, 2010."

Follow up to previous postings on government implementation of whole body scanning technology at airports, "EPIC has filed an appeal with the Transportation Security Administration, challenging the agency's denial of expedited processing and fee waivers for an EPIC Freedom of Information Act request. EPIC's is seeking documents from the TSA concerning full body scanner radiation risks and testing. EPIC challenged the TSA's denial of expedited processing, arguing that by delaying to release of the records, the agency was risking the health of travelers and its own employees. EPIC also argued that the record request was particularly timely, as three US Senators recently wrote to the Department of Homeland Security about the safety of the airport body scanners and the risk to air travelers. Separately, EPIC has urged a federal court to suspend the program, pending an independent review of the health risks and privacy impact."

Women and the Economy 2010: 25 Years of Progress But Challenges Remain, August 2010
Report by the U.S. Congress Joint Economic Committee

"The Universal Periodic Review (UPR) is a new and unique human rights mechanism of the United Nations (UN) Human Rights Council aiming at improving the human rights situation on the ground of each of the 192 UN Member States. Under this mechanism, the human rights situation of all UN Member States is reviewed every 4 years (48 States are reviewed each year during 3 UPR sessions dedicated to 16 States each). The result of each review is reflected in an “outcome report” listing the recommendations made to the State under review (SuR) including those that it accepted."

News release: "Developed in association with the British Red Cross, the database is designed to be used as a legal reference in international and non-international armed conflicts, including by courts, tribunals and international organizations. As one of the principal sources of international humanitarian law, customary law enhances the legal protection of victims of armed conflict... Customary international humanitarian law is a set of unwritten rules derived from a general, or common, practice which is regarded as law. It is the basic standard of conduct in armed conflict accepted by the world community and is universally applicable. In contrast to treaty law, it is not necessary for a State to formally accept a rule of custom in order to be bound by it, as long as the overall State practice on which the rule is based is widespread, representative and virtually uniform."

Solitary Confinement: Ken Strutin's selected guide represents current research and thinking about the physical, psychological and legal implications of isolation as punishment, and the policy issues behind continuing this practice in the light of national and international standards and human rights declaration. Ken engages us to consider the ramifications of solitary confinement, the most extreme penalty in the hierarchy of incarcerative punishment. Depending on the institution, length of detention and purpose, this "prison within prison" has been described in many ways: administrative segregation, communications management unit, control unit, disciplinary housing unit, the hole, intensive management unit, lockdown, punitive isolation, segregation, SHU (special housing unit, special handling unit, segregated housing unit, security housing unit), and Supermax (Super-Maximum Security Confinement).

Follow up to previous postings on National Security Letters, this news release: "The FBI has partially lifted a gag it imposed on American Civil Liberties Union client Nicholas Merrill in 2004 that prevented him from disclosing to anyone that he received a national security letter (NSL) demanding private customer records. Merrill, who received the NSL as the president of an Internet service provider (ISP), can now reveal his identity and speak about his experience for the first time since receiving the NSL. The ACLU and New York Civil Liberties Union filed a lawsuit challenging the NSL statute and the gag order on behalf of Merrill (then called John Doe) in April 2004, which resulted in numerous court rulings finding the NSL statute unconstitutional. Merrill was the first person ever to challenge an NSL in court...NSLs are secret record demands the FBI issues to obtain access to personal customer records from ISPs, libraries, financial institutions and credit reporting agencies without court approval or even suspicion of wrongdoing. Because the FBI can gag NSL recipients to prohibit them from disclosing anything about the record demands they receive, the FBI's use and potential abuse of the NSL power has been shrouded in excessive secrecy. While the NSL served on Merrill stated that he was prohibited from telling anyone about it, he decided to challenge the demand in court because he believed that the FBI was ordering him to turn over constitutionally protected information about one of his clients. Because of the FBI-imposed gag, Merrill was prohibited from talking about the NSL or revealing his identity and role in the lawsuit until today, even though the FBI abandoned its demand for records from Merrill more than three years ago."

News release: "Tactics of the Taliban and other Anti-Government Elements (AGEs) are behind a 31 per cent increase in conflict-related Afghan civilian casualties in the first six months of 2010 compared with the same period in 2009, the United Nations Assistance Mission in Afghanistan (UNAMA) said today in releasing its 2010 Mid-Year Report on Protection of Civilians in Armed Conflict. Among those killed or injured by the Taliban and other AGEs were 55 per cent more children than in 2009, along with six per cent more women. Casualties attributed to Pro-Government Forces (PGF) fell 30 per cent during the same period, driven by a 64 per cent decline in deaths and injuries caused by aerial attacks. “Afghan children and women are increasingly bearing the brunt of this conflict. They are being killed and injured in their homes and communities in greater numbers than ever before,” said Staffan de Mistura, Special Representative of the Secretary-General. From 1 January to 30 June 2010, UNAMA Human Rights Unit documented 3,268 civilian casualties including 1,271 deaths and 1,997 injuries. AGEs were responsible for 2,477 casualties (76 per cent of all casualties, up 53 per cent from 2009) while 386 were attributed to PGF activities (12 per cent of all casualties, down 30 per cent from 2009)."

U.S. Department of Justice The National Strategy for Child Exploitation Prevention and Interdiction, A Report to Congress, August 2010

Defining Internet Freedom - eJournal - U.S. Department of State, July 2010

Transactional Records Access Clearinghouse (TRAC) Immigration study: "Just released figures from Immigration and Customs Enforcement (ICE), however, show that during the first nine months of FY 2010, 279,035 non-U.S. citizens were removed* from the country as a result of ICE enforcement. This number is ten (10) percent more than the same period during FY 2008 — the last fiscal year of the Bush administration. This represents almost a doubling of the rate of removals that have taken place during the past five years. In addition to increases in alien removals under the Obama administration, the data also show that ICE — rather than simply trying to ramp up numbers — has also directed more of its attention to going after noncitizens who have committed crimes while in this country."

Rough justice in America - Too many laws, too many prisoners- Never in the civilised world have so many been locked up for so little ,li>"Justice is harsher in America than in any other rich country. Between 2.3m and 2.4m Americans are behind bars, roughly one in every 100 adults. If those on parole or probation are included, one adult in 31 is under “correctional” supervision. As a proportion of its total population, America incarcerates five times more people than Britain, nine times more than Germany and 12 times more than Japan. Overcrowding is the norm. Federal prisons house 60% more inmates than they were designed for. State lock-ups are only slightly less stuffed. The system has three big flaws, say criminologists. First, it puts too many people away for too long. Second, it criminalises acts that need not be criminalised. Third, it is unpredictable. Many laws, especially federal ones, are so vaguely written that people cannot easily tell whether they have broken them."

Annual Report on the Federal Work Force Fiscal Year 2009. From the Executive Summary:

• In FY 2009, there were almost 2.8 million women and men employed by the federal government across the country and around the world.
  
  1. 55.9% were men and 44.1% were women; after a slow but steady increase, the participation rate for women fell slightly from last year (44.13% to 44.06%).
     
  2. 7.9% were Hispanic or Latino, 65.6% were White, 18.0% were Black or African American, 5.8% were Asian, 0.3% were Native Hawaiian/Other Pacific Islander, 1.7% were American Indian/Alaska Native, and 0.7% were persons of Two or More Races.
  
  
• Between FY 2008 and FY 2009, Women, Hispanic or Latino men and women, men and women of Two or More Races, and White women remained below their overall availability in the national civilian labor force, as reported in the 2000 census (CLF).
  
• After a steady decline for the past ten years, the participation rate of employees with targeted disabilities in the federal work force held steady in FY 2009 at 0.88%. Despite a modest net gain of 236 employees in FY 2009 over FY 2008, Individuals with Targeted Disabilities still fell far short of the 2% goal set by EEOC’s LEAD Initiative.

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "On July 20, 2010, the Department of Homeland Security announced a substantial change in the deployment of body scanners in US airports. According to the DHS Secretary, the devices, which had once been part of a pilot program for secondary screening, will now be deployed in 28 additional airports. The devices are designed to capture and store photographic images of naked air travelers. EPIC has filed an emergency motion in federal court, urging the suspension of the program and citing violations of several federal statutes and the Fourth Amendment. Public opposition to the program is also growing."

Follow up to previous postings on government implementation of whole body scanning technology at airports, today, EPIC filed a reply in its case against the Department of Homeland Security, EPIC v. DHS,10-1157. EPIC had previously filed a petition and motion for emergency stay, asking the court to suspend the use of the machines. EPIC argued that the use of body scanners for primary screening in U.S. airports violates several federal laws and the Fourth Amendment. In its reply to the government's motion, EPIC also cited the growing public opposition to the program, the decision of major airports not to use body scanners, as well as the agency's failure to adequately address Constitutional concerns."

News release: "House Judiciary Committee Chairman John Conyers, Jr. D-Mich.) today released the transcript of the Committee’s interview of Judge Jay Bybee, former assistant attorney general for the Justice Department’s Office of Legal Counsel during the administration of President George W. Bush and author of two of the Bush administration’s most infamous "torture memos." "This testimony reveals that many brutal techniques reportedly used in CIA interrogations were not authorized by the Justice Department – the author of these legal memos has now admitted this on the record," Conyers said. "These statements are highly relevant to the pending criminal investigation of detainee abuse and I have provided the Committee’s interview to the Justice Department and directed my staff to cooperate with any further requests for information."

Jay Bybee Interview Transcript and Related Materials

• Bybee Interview Transcript
  
• Bybee Interview Documents 1-4
  
• Bybee Interview Document 5
  
• Bybee Interview Documents 6-16
  
• Bybee Interview Documents 17-33

News release: "The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today. In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.” The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status."

• The United States of America v. The State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her official capacity.” – U.S. v Arizona and Jan Brewer — Complaint
  
• U.S. v Arizona and Jan Brewer – Plaintiff’s motion for preliminary injunction and memorandum of law

Gender Equality Universally Embraced, But Inequalities Acknowledged, released July 1, 2010

Prisoners at Yearend 2009 - Advance Counts, Heather C. West, June 23, 2010. NCJ 230189

• "Presents data on prisoners under jurisdiction of federal or state correctional authorities on December 31, 2009, collected from the National Prisoner Statistics series. This report compares changes in the prison population during 2009 to changes from yearend 2000 through yearend 2008 and explores semi-annual growth trends in the prison population from yearend 2006 through yearend 2009.
• Highlights include the following: At yearend 2009, state and federal correctional authorities had jurisdiction over 1,613,656 prisoners, an increase of 0.2% (3,897 prisoners) from yearend 2008 The number of prisoners under state jurisdiction declined by 2,941 prisoners (0.2%), the only decrease in the state prison population between 2000 and 2009; the federal prison population increased by 6,838 prisoners (3.4%) and accounted for all of the increase in the U.S. prison population. Twenty-four states reported decreases in their prison population during 2009, with a combined total decrease of 15,223 state prisoners; a total increase of 12,282 prisoners was reported in the remaining 26 states."

Follow up to previous posting sentencing guidelines, "U.S. Sentencing Commission has published the results of the first-ever survey of federal trial judges to elicit their views about federal sentencing under the advisory guidelines system in effect since 2005. The survey, among many other findings, indicates that 62 percent of the responding judges believe that mandatory minimum sentences for various federal crimes are too high. The survey, conducted from January through March 2010, drew responses from 639 of the 942 judges to whom it was sent, a 67.8 percent response rate. Based on an analysis, the 639 judges who responded sentenced 116,183 of the 146,511 individual federal criminal offenders sentenced in fiscal years 2008 and 2009 – 79 percent of the offenders sentenced in that two-year span."

News release: "A report released by UN Office on Drugs and Crime shows how organized crime has globalized and turned into one of the world's foremost economic and armed powers. The Globalization of Crime: A Transnational Organized Crime Threat Assessment, released at the Council of Foreign Relations in New York, looks at major trafficking flows of drugs (cocaine and heroin), firearms, counterfeit products, stolen natural resources and people (for sex and forced labour), as well as smuggled migrants. It also covers maritime piracy and cybercrime."

Rand - Security at what cost? Quantifying trade-offs across liberty, privacy and security, by Neil Robinson, Dimitris Potoglou, Chong Woo Kim, Peter Burge, Richard Warnes

News release: "The 10th annual Trafficking in Persons Report, June 2010, outlines the continuing challenges across the globe, including in the United States. The Report, for the first time, includes a ranking of the United States based on the same standards to which we hold other countries. The United States takes its first-ever ranking not as a reprieve but as a responsibility to strengthen global efforts against modern slavery, including those within America. This human rights abuse is universal, and no one should claim immunity from its reach or from the responsibility to confront it."

For all of us who have been engaged in animal rights issues for many decades, this cover article, The Animal-Cruelty Syndrome, is a vivid and painful reminder how little has changed, and how much work we will always have before us.

News release: "The American Civil Liberties Union marks the 47th anniversary of the Equal Pay Act with a call for the Senate to pass S. 182, the Paycheck Fairness Act. President John F. Kennedy signed the Equal Pay Act of 1963 into law 47 years ago Thursday, prohibiting wage discrimination based on sex. However, since its passage, loopholes and weak remedies have watered down the Act’s effectiveness. Forty-seven years after the passage of the Equal Pay Act, women still make, on average, 77 cents for every dollar earned by a man. The Paycheck Fairness Act would provide a much needed update to the Equal Pay Act, closing loopholes in the current law, strengthening weak remedies and taking steps to finally close the wage gap."

The Register: "The Chinese government has issued a white paper laying out current, and future, internet policy - and you might not recognise its view of internet use in that country...The paper warns: "Citizens are not allowed to infringe upon state, social and collective interests or the legitimate freedom and rights of other citizens. No organization or individual may utilize telecommunication networks to engage in activities that jeopardize state security, the public interest or the legitimate rights and interests of other people."..."China's 3G network covers the whole country. Of all internet users in China - 346 million use broadband and 233 million use mobile phones to access the net."

No Secrets, by Raffi Khatchadourian: "[Julian Paul] Assange is an international trafficker, of sorts. He and his colleagues collect documents and imagery that governments and other institutions regard as confidential and publish them on a Web site called WikiLeaks.org. Since it went online, three and a half years ago, the site has published an extensive catalogue of secret material, ranging from the Standard Operating Procedures at Camp Delta, in Guantánamo Bay, and the “Climategate” e-mails from the University of East Anglia, in England, to the contents of Sarah Palin’s private Yahoo account. The catalogue is especially remarkable because WikiLeaks is not quite an organization; it is better described as a media insurgency. It has no paid staff, no copiers, no desks, no office. Assange does not even have a home. He travels from country to country, staying with supporters, or friends of friends—as he once put it to me, “I’m living in airports these days.” He is the operation’s prime mover, and it is fair to say that WikiLeaks exists wherever he does. At the same time, hundreds of volunteers from around the world help maintain the Web site’s complicated infrastructure; many participate in small ways, and between three and five people dedicate themselves to it full time. Key members are known only by initials—M, for instance—even deep within WikiLeaks, where communications are conducted by encrypted online chat services. The secretiveness stems from the belief that a populist intelligence operation with virtually no resources, designed to publicize information that powerful institutions do not want public, will have serious adversaries."

News release: "Targeted killings pose a rapidly growing challenge to the international rule of law. They are increasingly used in circumstances which violate the relevant rules of international law. The international community needs to be more forceful in demanding accountability,” said Philip Alston, the UN Special Rapporteur on extrajudicial executions. Alston’s report to the Human Rights Council on legal issues raised by targeted killing was released by the United Nations today. “The most prolific user of targeted killings today is the United States, which primarily uses drones for attacks. Some 40 states already possess drone technology, and some already have, or are seeking, the capacity to fire missiles from them”, said the expert. “The result is that the rules being set today are going to govern the conduct of many States tomorrow. I’m particularly concerned that the United States seems oblivious to this fact when it asserts an ever-expanding entitlement for itself to target individuals across the globe. But this strongly asserted but ill-defined licence to kill without accountability is not an entitlement which the United States or other States can have without doing grave damage to the rules designed to protect the right to life and prevent extrajudicial executions.” The report identifies two major problems: the excessively broad circumstances in which targeted killings are alleged to be legal, and the absence of essential accountability mechanisms in situations where they are used."

FT.com: "Google is phasing out the internal use of Microsoft’s ubiquitous Windows operating system because of security concerns, according to several Google employees. The directive to move to other operating systems began in earnest in January, after Google’s Chinese operations were hacked, and could effectively end the use of Windows at Google, which employs more than 10,000 workers internationally."

Final Report, Guantánamo Review Task Force, dated January 22, 2010 released by the Washington Post on May 29, 2010 (no registration required). "The report was completed in January but sent to select committees on Capitol Hill just this week." See also the paper's related graphic.

Unauthorized Aliens in the United States, April 27, 2010

"The key message of the contribution of the Special Rapporteur is the following: the right to food is not merely a slogan, and it is not only of symbolic value; it is a tool, with clear operational impacts, that can improve the impacts of interventions in a variety of domains, and make them more sustainable in the long-term. Because it improves targeting, it can act as a compass for tackling food insecurity. Because it promotes accountability, it can ensure that efforts are directed to those whose rights are violated."

News release: "New York State Senator Thomas P. Morahan, Chairman of the Committee on Mental Health and Developmental Disabilities today secured Senate passage of his landmark legislation (S.1823-B) which establishes a civil cause of action for employees who are subjected to an abusive work environment. Specifically, this legislation provides legal redress for employees who have been harmed psychologically, physically or economically by being deliberately subjected to abusive work environments; and it provides legal incentives for employers to prevent and respond to mistreatment of employees at work. Surveys and studies demonstrate that 16 to 21 percent of employees experience health-endangering workplace bullying, abuse and harassment, and that this behavior is 4 times more prevalent then sexual harassment. These studies have also documented the serious effects on these targeted employees. They include: shame, humiliation, stress, loss of sleep, severe anxiety, depression, post traumatic stress disorder, reduced immunity to infection, gastrointestinal disorders, hypertension and pathophysiologic changes that increase the risk of cardiovascular disease." [Stuart Basefsky]

ASIL Guide to Electronic Resources for International Law, Updated 8 March 2010, by Marci Hoffman

News release: "A total of 2,376 federal and state applications for orders authorizing the interception of wire, oral or electronic communications, known as wiretaps, was reported in 2009. The number of applications for orders by federal authorities was 663; the number of applications reported by state prosecuting officials was 1,713. No applications were denied. The Omnibus Crime Control and Safe Streets Act of 1968 requires the Administrative Office of the U.S. Courts to report to Congress the number and nature of federal and state applications for wiretap orders. The 2009 Wiretap Report covers intercepts concluded between January 1, 2009 and December 31, 2009."

News release [includes database with links to data on individual countries, regions, and rank]

Generalized ‘satisfaction of search’: Adverse influences on dual-target search accuracy - Mathias S. Fleck, Ehsan Samei, and Stephen R. Mitroff, Department of Psychology & Neuroscience, Center for Cognitive Neuroscience, Duke University, Carl E. Ravin Advanced Imaging Laboratories, Department of Radiology, Duke University Medical Center

Follow up to previous postings on government implementation of whole body scanning technology at airports, this news release: "EPIC and a broad coalition of organizations sent a formal petition to the Department of Homeland Security to demand that the agency suspend the airport body scanner program. The petition states that the "uniquely intrusive search" is unreasonable and violates the Constitution. The petition further states the program fails to comply with several federal laws, including the Religious Freedom Restoration Act, the Privacy Act of 1974, and the Administrative Procedures Act. The petitioners also argue that the machines are ineffective and that there are better, less costly security technology. The petitioners contend that the TSA has routinely misled the pubic about the ability of the devices to store and transmit detailed images of travelers' naked bodies. In a Freedom of Information Act lawsuit, EPIC has already obtained technical documents, vendor contracts, and hundreds of traveler complaints."

U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology. April 5, 2010

Follow up to Missing White House E-Mails Still Factor in Torture Memo Investigation, this CREW news release: "On Friday, April 16, CREW received an initial response to its Freedom of Information Act request of the Department of Justice’s Office of Legal Counsel (OLC) related to the failure of former OLC official John Yoo to preserve any of his emails. In response to CREW’s request for record keeping guidance issued to OLC staff, OLC produced two memos, both of which require OLC staff to retain all emails “that are important to understanding a decision of the Office.” There can be no question Mr. Yoo’s failure to preserve any emails directly contravenes OLC’s record keeping guidance. Click here to read CREW's FOIA request."

H. R. 3590, Patient Protection and Affordable Care Act [906 pages, PDF]
"OFFICE.—There is established within the Office of the Secretary, an Office on Women’s Health (referred to in this section as the ‘Office’). The Office shall be headed by a Deputy Assistant Secretary for Women’s Health who may report to the Secretary.
"(b) DUTIES.—The Secretary, acting through the Office, with
respect to the health concerns of women, shall—
"(1) establish short-range and long-range goals and objectives within the Department of Health and Human Services and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Department that relate to disease prevention, health promotion, service delivery, research, and public and health care professional education, for issues of particular concern to women throughout their lifespan;
"(2) provide expert advice and consultation to the Secretary concerning scientific, legal, ethical, and policy issues relating
to women’s health;
"(3) monitor the Department of Health and Human Services’ offices, agencies, and regional activities regarding women’s health and identify needs regarding the coordination of activities, including intramural and extramural multidisciplinary activities;
"(4) establish a Department of Health and Human Services Coordinating Committee on Women’s Health, which shall be chaired by the Deputy Assistant Secretary for Women’s Health and composed of senior level representatives from each of the agencies and offices of the Department of Health and Human Services;
"(5) establish a National Women’s Health Information Center to—
"(A) facilitate the exchange of information regarding matters relating to health information, health promotion, preventive health services, research advances, and education in the appropriate use of health care;
"(B) facilitate access to such information;
"(C) assist in the analysis of issues and problems relating to the matters described in this paragraph; and
"(D) provide technical assistance with respect to the exchange of information (including facilitating the development of materials for such technical assistance)..."

Follow up to previous postings on government implementation of whole body scanning technology at airports, this news release: "Ninety-three percent of Americans said they are willing to sacrifice some level of privacy to increase safety when traveling by air, according to research conducted in January and February by Unisys Corporation (NYSE: UIS). Nearly two-thirds of Americans (65%) said they are willing to cooperate with full electronic body scans at the airport, and more than half (57%) would be willing to submit to identity checks using biometric data such as iris scans or fingerprints. Nearly three quarters of Americans (72%) said they are willing to provide personal data in advance of air travel to increase security. The findings, part of the latest bi-annual Unisys Security Index, illustrate that recent events such as the attempted Christmas Day airline bombing may have made security a priority for air travelers. A clear majority of citizens in nearly every country surveyed said they would be willing to forgo privacy to increase air travel security. For example, 90% of citizens in the United Kingdom and 70% of Australians said they would submit to electronic body scans."

"The United States Congress established the Days of Remembrance as our nation’s annual commemoration of the Holocaust and created the United States Holocaust Memorial Museum as a permanent living memorial to the victims. This year Holocaust Remembrance Day is Sunday, April 11. The Museum designated Stories of Freedom: What You Do Matters as the theme for the 2010 observance. In accordance with its Congressional mandate, the Museum is responsible for leading the nation in commemorating the Days of Remembrance, and for encouraging and sponsoring appropriate observances throughout the United States. Observances and remembrance activities can occur during the week of Remembrance that runs from the Sunday before Holocaust Remembrance Day (Yom Hashoah) through the following Sunday (view the Remembrance Day Calendar). Days of Remembrance are observed by state and local governments, military bases, workplaces, schools, churches, synagogues, and civic centers."

New York Times: "Nancy Paterson, an international war crimes prosecutor who played a leading role in building the case linking the former Yugoslav president Slobodan Milosevic to massacres, mass rape and ethnic cleansing in the Balkans in the 1990s, died on March 27 at her home in Bethesda, Md. She was 56."

News release: "Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009...Secretary Napolitano also commended today’s release of the Surface Transportation Security Priority Assessment as another important step in efforts to protect the nation’s traveling public from acts of terrorism—conducted by the Obama administration in its first year as a thorough review of the nation’s surface transportation security efforts, which cover mass transit, commuter and long-distance passenger rail, freight rail, commercial vehicles and pipelines."

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "In response to a Congressional inquiry, led by Congressman Bennie Thompson, the Transportation Security Agency acknowledged that images on body scanner machines would be recorded for "testing, training, and evaluation purposes." The TSA also did not dispute that test mode could be activated in airports, but said this "would" not happen. As part of an ongoing lawsuit, EPIC had previously obtained TSA documents describing the machines' capabilities to store and transmit detailed images of travelers' naked bodies."

Follow up to previous postings on the Domestic Surveillance Program, via EFF, Kevin Bankston: "Today, Chief Judge Vaughn Walker of the federal district court in San Francisco found that the government illegally wiretapped an Islamic charity's phone calls in 2004, granting summary judgment for the plaintiffs in Al-Haramain Islamic Foundation v. Obama. The court held the government liable for violating the Foreign Intelligence Surveillance Act (FISA). Today's order is the first decision since ACLU v. NSA to hold that warrantless wiretapping by the National Security Agency was illegal. The decision in ACLU v. NSA was overturned on other grounds in 2007, and the focus of the government's litigation strategy since then has been to avoid having any court rule on the merits of the issue. The court's thorough decision is a strong rebuke to the government's argument that only the Executive Branch may determine if a case against the government can proceed in the courts, by invoking state secrets. The Obama Administration adopted this "state secrets privilege" theory from the Bush Administration's legal positions in this and other warrantless wiretapping cases."

News release: "A broad coalition of privacy groups, think tanks, technology companies and academics today issued principles for updating the key federal law that defines the rules for government access to email and private files stored in the Internet “cloud.” The coalition cited the need to preserve traditional privacy rights in the face of technological change while also ensuring that law enforcement agents can carry out investigations and that industry has the clarity needed to innovate. To set a consistent standard in line with the traditional rules for law enforcement access in the offline world, the group’s recommendations focus on the Electronic Communications Privacy Act (ECPA). Passed in 1986 and not significantly updated since, it establishes standards for government access to email and other electronic communications in criminal investigations."

"This document, Death Sentences and Executions in 2009, summarizes Amnesty International's global research on the use of the death penalty in 2009. More than two-thirds of the countries of the world have abolished the death penalty in law or in practice. While 58 countries retained the death penalty in 2009, most did not use it. Eighteen countries were known to have carried out executions, killing a total of 714 people; however, this figure does not include the thousands of executions that were likely to have taken place in China, which again refused to divulge figures on its use of the death penalty." An update to this document is available here.

News release: "Telework ExchangeSM, a public-private partnership
focused on expanding telework adoption, in partnership with the Federal Managers Association, today announced the results of the Unnecessary Barriers study, which explores agencies’ performance in hiring, retaining, and effectively managing employees with disabilities. The study reveals that 71 percent of Federal employees feel their agency is committed to hiring employees with disabilities, however, just half say their agency is equipped to make good on this commitment. Further, nearly half of Federal managers report they have not received adequate training to effectively manage employees with disabilities or to effectively retain employees with disabilities – 40 and 45 percent, respectively."

Violence Against Women Act: History and Federal Funding, Garrine P. Laney, Analyst in Social Policy, February 26, 2010

Follow up to Google Discontinues Censored Search in Mainland China and An Interview with David Drummond of Google about the company's new policies in China, additional perspective as follows:

• New York Times, Google Searches for a Foreign Policy:"When Google announced last week that it would shut its censored online search service in China, it was doing more than standing up to a repressive government: it was showing that, with the United States still struggling to develop a foreign policy for the digital age, Internet companies need to articulate their own foreign policies."
  
• Washington Post - On Leadership: Views on Google's refusal to continue censorship in China by Benjamin W. Heineman Jr., business ethics expert and senior fellow at Harvard University's schools of law and government.

EPIC: "Senators Charles Schumer and Lindsey Graham have proposed a new national identity card. The Senators would require that "all U.S. citizens and legal immigrants who want jobs" obtain a "high-tech, fraud-proof Social Security card" with a unique biometric identifier. The card, they say, would not contain private information, medical information, or tracking techniques, and the biometric identifiers would not be stored in a government database. EPIC has testified in Congress and commented to federal agencies on the privacy and security risks associated with national identification systems and biometric identifiers."

Follow up to Google Discontinues Censored Search in Mainland China,
via the Atlantic, An Interview with David Drummond of Google about the company's new policies in China by James Fallows: "Since the Beijing Olympics, our experience in China has gotten worse. Although we have gained market share, it has become more and more difficult for us to operate there. Particularly when it comes to censorship. We have had to censor more. More and more pressure has been put on us. It has gotten appreciably worse – and not just for us, for other internet companies too."

Official Google Blog: "On January 12, we announced on this blog that Google and more than twenty other U.S. companies had been the victims of a sophisticated cyber attack originating from China, and that during our investigation into these attacks we had uncovered evidence to suggest that the Gmail accounts of dozens of human rights activists connected with China were being routinely accessed by third parties, most likely via phishing scams or malware placed on their computers. We also made clear that these attacks and the surveillance they uncovered—combined with attempts over the last year to further limit free speech on the web in China including the persistent blocking of websites such as Facebook, Twitter, YouTube, Google Docs and Blogger—had led us to conclude that we could no longer continue censoring our results on Google.cn. So earlier today we stopped censoring our search services—Google Search, Google News, and Google Images—on Google.cn. Users visiting Google.cn are now being redirected to Google.com.hk, where we are offering uncensored search in simplified Chinese, specifically designed for users in mainland China and delivered via our servers in Hong Kong. Users in Hong Kong will continue to receive their existing uncensored, traditional Chinese service, also from Google.com.hk."

Female Genital Mutilation/Cutting: Data and Trends—Update 2010, by Charlotte Feldman-Jacobs and Donna Clifton

Testimony of James E. Felman on behalf of the American Bar Association before the United States Sentencing Commission UNITED for the hearing on Proposed Amendments to the Federal Sentencing Guidelines Regarding Alternatives to Incarceration, Washington, D.C., March 17, 2010

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "In testimony before the House Committee on Homeland Security, EPIC President Marc Rotenberg urged Congress to halt the plan to deploy body scanners in the nation's airports. "Based on the documents we've obtained, the views of experts, the concerns of American, and the extraordinary cost, Congress should suspend the program," said Mr. Rotenberg. In a recent letter to President Obama, EPIC and Ralph Nader recommended an independent review to assess health impacts, privacy safeguards, and the actual effectiveness of the devices. Through FOIA litigation, EPIC has obtained technical specifications, vendor contracts, and hundreds of complaints from US air travelers about the body scanners. A recent report from the GAO has also raised questions about the effectiveness and cost of the devices."

2009 Country Reports on Human Rights Practices, March 11, 2010

News release: "Amnesty International has called on US President Barack Obama to tackle soaring rates of maternal mortality and pregnancy-related complications that particularly affect minorities and those living in poverty. Amnesty International’s report, Deadly Delivery: The Maternal Health Care Crisis in the USA, urges action to tackle a crisis that sees between two and three women die every day during pregnancy and childbirth in the USA. A total of 1.7 million women a year, one-third of all pregnant women in the country, suffer from pregnancy-related complications. The report also revealed that severe pregnancy-related complications that nearly cause death -- known as "near misses" -- are rising at an alarming rate, increasing by 25 percent since 1998."

News release: "Currently, foreign-born people make up approximately 13 percent of the total U.S. population. As the immigrant population grows, understanding its disability status and employment characteristics becomes increasingly important. People, both native and foreign-born, with disabilities make important contributions to our society, and many individuals continue to work despite a wide range of impairments. A new study by researchers at the Center for Injury Research and Policy of The Research Institute at Nationwide Children’s Hospital focuses on disability and employment among working-age immigrants in the United States. According to the study, released online in advance of print as an early view by the American Journal of Industrial Medicine, there were an estimated 24 million U.S. working-age adults with disabilities in 2007. Of these, 8.5 million (35 percent) were employed. The study revealed that for each type of disability, including sensory, physical, mental and emotional conditions, both foreign-born citizens with disabilities and non-citizens with disabilities were more likely than their U.S.-born counterparts to be employed...The two most common occupations for foreign-born people with disabilities were in production and cleaning/maintenance, while the two most common occupations for U.S.-born people with disabilities were in sales and office/administrative support."

2009 Progress Report on the Economic Well-Being of Working-Age People with Disabilities September 2009 [posted February 2010], Rehabilitation Research and Training Center on Employment Policy for Persons with Disabilities at Cornell University

Satellite Surveillance: Domestic Issues, Richard A. Best Jr. Specialist in National Defense, Jennifer K. Elsea, Legislative Attorney, February 1, 2010

Follow up to previous postings on government implementation of whole body scanning technology at airports - "In response to an EPIC Freedom of Information Act lawsuit, the Department of Homeland Security and the Transportation Security Administration (TSA) released more documents about body scanners in US airports. The documents include many complaints from travelers who went through the devices. Travelers reported that they were not told about the pat down alternative or that they were going to be subject to a body scan by TSA officials. Travelers also expressed concern about radiation risks to pregnant women and the image capture of young children without clothes. EPIC has previously obtained whole body imaging vendor contracts, operational requirements, and procurement specifications from TSA. EPIC and Ralph Nader have urged President Obama to suspend the program until an independent review is completed."

LLRX.com: DNA Identification Evidence in Criminal Prosecutions

Parity democracy – A far cry from reality - Comparative study on the results of the first and second rounds of monitoring of Council of Europe Recommendation Rec (2003) 3 on balanced participation of women and men in political and public decision-making: "concludes that in the last years no major progress has been achieved to increase the presence of women in political decision making bodies. The report calls for the creation of a new momentum in member states to implement the 2003 Council of Europe Committee of Ministers Recommendation which set a 40% minimum threshold in public decision making bodies for both men and women."

• News release: "Secretary General Thorbjørn Jagland calls on states to do more to eradicate discrimination against women."
• Link to fact sheet on the judgments of the European Court of Human Rights
• Link to special file on International Women's Day

Factsheet on European Court of Human Rights and Gender Equality

The Comprehensive National Cybersecurity Initiative: "President Obama has identified cybersecurity as one of the most serious economic and national security challenges we face as a nation, but one that we as a government or as a country are not adequately prepared to counter. Shortly after taking office, the President therefore ordered a thorough review of federal efforts to defend the U.S. information and communications infrastructure and the development of a comprehensive approach to securing America’s digital infrastructure In May 2009, the President accepted the recommendations of the resulting Cyberspace Policy Review, including the selection of an Executive Branch Cybersecurity Coordinator who will have regular access to the President. The Executive Branch was also directed to work closely with all key players in U.S. cybersecurity, including state and local governments and the private sector, to ensure an organized and unified response to future cyber incidents; strengthen public/private partnerships to find technology solutions that ensure U.S. security and prosperity; invest in the cutting-edge research and development necessary for the innovation and discovery to meet the digital challenges of our time; and begin a campaign to promote cybersecurity awareness and digital literacy from our boardrooms to our classrooms and begin to build the digital workforce of the 21st century. Finally, the President directed that these activities be conducted in a way that is consistent with ensuring the privacy rights and civil liberties guaranteed in the Constitution and cherished by all Americans."

"Secretary Clinton today announced the 10 winners of this year’s International Women of Courage (IWOC) award. On March 10, Secretary Clinton will present the awards to the honorees at the Department of State. The awardees are: Shukria Asil (Afghanistan), Col. Shafiqa Quraishi (Afghanistan), Androula Henriques (Cyprus), Sonia Pierre (Dominican Republic), Shadi Sadr (Iran), Ann Njogu (Kenya), Dr. Lee Ae-ran (Republic of Korea), Jansila Majeed (Sri Lanka), Sister Marie Claude Naddaf (Syria), and Jestina Mukoko (Zimbabwe)."

Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "The Government Accountability Office (GAO) recently released a report regarding the deployment of body scanners. The GAO cited its 2009 recommendations to the Transportation Security Administration (TSA): that the TSA conduct operational tests to ensure that the whole body imaging machines are reliable, and the that TSA conduct an assessment of the whole body imaging machines' vulnerabilities. In its latest report, the GAO warned TSA of the importance of full operational tests, citing the puffer machine debacle as an example of the government waste that results from insufficient operational testing. The GAO also expressed concern over TSA's lack of complete risk assessments and inability to "provide documentation to show how they have addressed the concerns raised in the 2009 GAO report regarding the susceptibility of the technology to terrorist tactics." Because of this, the GAO concluded that it is unclear whether the body scanners or other technologies would have detected the weapon used in the December 25 attempted attack."

American Bar Association: Representing Juvenile Status Offenders

Related postings on Patriot Act and this recent CRS report: Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization to accompany the following news and documents:

Follow up to DOJ Report on Bush Administration Interrogation Memos and Related Documents, the New York Times reports: "Large batches of e-mail records from the Justice Department lawyers who worked on the 2002 legal opinions justifying the Bush administration’s brutal interrogation techniques are missing, and the Justice Department told lawmakers Friday that it would try to trace the disappearance. At a Senate Judiciary Committee hearing, Senator Patrick J. Leahy, the Vermont Democrat who leads the panel, angrily demanded to know what had happened to the e-mail files, and he noted that the destruction of government records, including official e-mail messages, was a criminal offense. He said the records gap called into question the completeness of the department’s internal reviews of the work done by the lawyers in the Bush years. The Justice Department’s Office of Professional Responsibility, which spent more than four years investigating the handling of the legal opinions about interrogation policies after the Sept. 11 attacks, pushed to get access to a range of e-mail records and other internal documents from the Justice Department to aid in its investigation. But it discovered that many e-mail messages to and from John C. Yoo, who wrote the bulk of the legal opinions for the Justice Department’s Office of Legal Counsel, were missing. The office disclosed the missing messages in a footnote to its final report, which was released last week."

• Aviation Safety: Preliminary Information on Aircraft Icing and Winter Operations, GAO-10-441T, February 24, 2010
• Military Personnel: DOD's and the Coast Guard's Sexual Assault Prevention and Response Programs Need to Be Further Strengthened, GAO-10-405T, February 24, 2010
• Veterans' Disability Benefits: Opportunities Remain for Improving Accountability for and Access to Benefits Delivery at Discharge Program, GAO-10-450T, February 24, 2010
• Military Personnel: Additional Actions Are Needed to Strengthen DOD's and the Coast Guard's Sexual Assault Prevention and Response Programs, GAO-10-215, February 03, 2010
• 2010 Census: Key Enumeration Activities Are Moving Forward, but Information Technology Systems Remain a Concern, GAO-10-430T, February 23, 2010
• Higher Education: Information on Incentive Compensation Violations Substantiated by the U.S. Department of Education, GAO-10-370R, February 23, 2010
• Postsecondary Education: College and University Endowments Have Shown Long-Term Growth, While Size, Restrictions, and Distributions Vary, GAO-10-393, February 23, 2010

Follow up to previous postings on the Bush Administration Torture Memos, significant new documents were made public by House Judiciary Committee Chairman John Conyers, Jr., who posted the following document library on February 19, 2010: DOJ Report on Bush Administration Interrogation Memos and Related Documents [note: several of these documents are redacted]

• Memorandum for the Attorney General, January 5, 2010
  
• OPR Final Report, July 29, 2009
  
• OPR 1st Draft Report, December 22, 2008
  
• OPR 2nd Draft Report
  
• John Yoo Response to OPR 2nd Draft, May 4, 2009
  
• John Yoo Response to OPR Final Draft, October 9, 2009
  
• Jay Bybee Response to OPR 2nd Draft, May 4, 2009
  
• Jay Bybee Response to OPR Final Draft, October 9, 2009
  
• See related commentary and documents on The Torture Report, "an initiative of the ACLU’s National Security Project, aims to give the full account of the Bush administration’s torture program. It will bring together everything we know from government documents, investigations, press reports, witness statements and other publications into a single narrative – one that is updated regularly and subject to critical review and improvement as it unfolds." and via The Recorder: Bybee, Yoo Got a Boost From Their Lawyers in Avoiding Ethics Charges
Permanent Link

WSJ: The Digital Dictatorship Evgeny Morozov on the myth of the techno-utopia. - "It's fashionable to hold up the Internet as the road to democracy and liberty in countries like Iran, but it can also be a very effective tool for quashing freedom...For example, while the American public is actively engaged in a rich and provocative debate about the Internet's impact on our own society—asking how new technologies affect our privacy or how they change the way we read and think—we gloss over such subtleties when talking about the Internet's role in authoritarian countries."

Contemporary Global Anti-Semitism Report Released by the Office of the Special Envoy to Monitor and Combat Anti-Semitism, U.S. Department of State: "In memory of Tom Lantos, Chairman of the Committee on Foreign Affairs of the U.S. House of Representatives, a leader of moral force and a champion of human rights. As the only Holocaust survivor to serve in Congress, he attested with uncommon eloquence to a truth based on unspeakable experience: promoting tolerance is essential to building a world of freedom and peace."

"A new TRAC study, Detention of Criminal Aliens: What Has Congress Bought?, based on the analysis of hundreds of thousands of records obtained from Immigration and Customs Enforcement (ICE) and an examination of its budget, explores the changes in ICE's enforcement record since the beginning of FY 2005, when Congress drastically increased the agency's funding for the apprehension and detention of criminal aliens. The record shows that while overall funding for ICE grew by 67 percent, appropriated dollars provided for the agency's office of Detention and Removal Operations (DRO) more than doubled, increasing by 104 percent. The data further show that from FY 2005 to FY 2009 the overall number of detainees surged -- growing by 64 percent -- but the number of individuals categorized as criminal detainees barely budged."

News release: "Governments responsible for serious human rights violations have over the past year intensified attacks against human rights defenders and organizations that document abuse, Human Rights Watch said in issuing its World Report 2010. The 612-page report, the organization's 20th annual review of human rights practices around the globe, summarizes major human rights trends in more than 90 nations and territories worldwide, reflecting the extensive investigative work carried out in 2009 by Human Rights Watch staff. The volume's introductory essay by Executive Director Kenneth Roth argues that the ability of the human rights movement to exert pressure on behalf of victims has grown enormously in recent years, and that this development has spawned a reaction from abusive governments that grew particularly intense in 2009."

News release: "Iceland (1) has claimed the top spot of the World Economic Forum’s Global Gender Gap Index 2009 from Norway (3) which slipped to third position behind Finland (2). Sweden (4) completed the Nordic countries’ continued dominance of the top four. The report’s Index assesses countries on how well they are dividing their resources and opportunities among their male and female populations, regardless of the overall levels of these resources and opportunities. South Africa and Lesotho made great strides in closing their gender gaps to enter the top 10, at sixth and 10th position respectively. The Philippines (9) lost ground for the first time in four years but remains the leading Asian country in the rankings."

News release: "More than three million girls’ genitals are forcibly cut every year and approximately 140 million women are living with mutilated genitals. Maternal mortality and infection are just two of the many health effects they suffer. This issue of Female Genital Mutilation (FGM) was brought to the World Economic Forum Annual Meeting by Julia Lalla-Maharajh who runs the campaign www.endfgmnow.org. Julia entered her cause into a competition run by the Forum and YouTube, The Davos Debates, to find a person with a cause worthy of the world's attention. Her FGM cause won the global vote."

National Corrections Reporting Program, Thomas P. Bonczar, January 21, 2010

Via DOJ Office of Special Counsel of the Civil Rights Division: "ESOL (English for Speakers of Other Languages) instructors and immigrant advocates now have new workbooks at their disposal courtesy of the Justice Department’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) education grant program. Through lessons titled: “Working in the United States” and “Discrimination in the Workplace,” the workbooks educate potential victims of employment discrimination about their rights under the anti-discrimination provision of the Immigration and Nationality Act (INA). These ESOL workbooks are available to the public free of charge in instructor and student versions."

A Review of the Federal Bureau of Investigation's Use of Exigent Letters and Other Informal Requests for Telephone Records, January 2010, Unclassified, Redacted.

UN Permanent Forum Origin and Development Report: State of the World's Indigenous Peoples, January 2010.

Official Google Blog:

Follow up to previous postings on government implementation of whole body scanning technology at airports, news that EPIC has posted more than 250 pages of documents it obtained in a Freedom of Information Act lawsuit concerning body scanners. The documents, released by the Department of Homeland Security, reveal that Whole Body Imaging machines can record, store, and transmit digital strip search images of Americans. This contradicts assurances made by the TSA. The documents include TSA Procurement Specifications, TSA Operational Requirements, TSA contract with L3, TSA contract with Rapiscan (1), and TSA contract with Rapiscan (2). The DHS has withheld other documents that EPIC is seeking."

Afghan Independent Human Rights Commission, Report on the Situation of Economic and Social Rights in Afghanistan - IV Qaws 1388 (November/December 2009)

Report of the Council to the Membership of The American Law Institute on the Matter of the Death Penalty: "On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting in May. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows:

For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.

The United Nations Convention on the Rights of the Child: Background and Policy Issues, Luisa Blanchfield, Specialist in International Relations, December 2, 2009

Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping, December 3, 2009: "Depending on one’s perspective, wiretapping and electronic eavesdropping are either “dirty business,” essential law enforcement tools, or both. This is a very general overview of the federal statutes that proscribe wiretapping and electronic eavesdropping and of the procedures they establish for law enforcement and foreign intelligence gathering purposes. Although the specifics of state law are beyond the scope of this report, citations to related state statutory provisions have been appended. The text of pertinent federal statutes and a selected bibliography of legal materials appear as appendices as well."

• Biosurveillance: Developing a Collaboration Strategy Is Essential to Fostering Interagency Data and Resource Sharing, GAO-10-171, December 18, 2009
• Department of Veterans Affairs' Implementation of Information Security Education Assistance Program, GAO-10-170R, December 18, 2009
• DOD Civilian Personnel: Intelligence Personnel System Incorporates Safeguards, but Opportunities Exist for Improvement, GAO-10-134, December 17, 2009
• Overseas Contingency Operations: Funding and Cost Reporting for the Department of Defense, GAO-10-288R, December 18, 2009
• Softwood Lumber Act of 2008: Customs and Border Protection Established Required Procedures, but Agencies Report Little Benefit from New Requirements, GAO-10-220, December 18, 2009
• Juvenile Justice: DOJ Is Enhancing Information on Effective Programs, but Could Better Assess the Utility of This Information, GAO-10-125, December 17, 2009
• UN Office for Project Services: Management Reforms Proceeding but Effectiveness Not Assessed, and USAID's Oversight of Grants Has Weaknesses, GAO-10-168, November 19, 2009

Follow up to previous postings on government implementation of whole body scanning technology at airports, this news: On December 17, 2009, EPIC filed a lawsuit against the Department of Justice concerning the use of devices that capture images of individuals stripped naked. The Transportation Security Administration has confirmed the Whole Body Imaging machines are being used in at least one Virginia federal court by the US Marshall Service. EPIC submitted a FOIA request for information about these devices including the contracts with the manufacturer of the machines, and information about technical specifications and training materials. The Marshall Service failed to respond adequately to the request. EPIC filed suit, said that the agency had not performed a sufficient search and should disclose the documents requested."

"The Death Penalty Information Center released the The Death Penalty in 2009: Year End Report on December 18, noting that the country is expected to finish 2009 with the fewest death sentences since the U.S. Supreme Court reinstated the death penalty in 1976. Eleven states considered abolishing the death penalty this year, a significant increase in legislative activity from previous years, as the high costs and lack of measurable benefits associated with this punishment troubled lawmakers."

New York Times, New York Finds Extreme Crisis in Youth Prisons: "A draft report by a New York state task force, Charting a New Course: A Blueprint for Transforming Juvenile Justice in New York, shines a harsh light on the problems in the state's prisons for juvenile offenders. The problems are so acute that the state agency overseeing the prisons has asked New York’s Family Court judges not to send youths to any of them unless they are a significant risk to public safety, recommending alternatives, like therapeutic foster care."

• Prisoners in 2008: "Presents data on prisoners under jurisdiction of federal or state correctional authorities on December 31, 2008, collected from the National Prisoner Statistics series. This annual report compares changes in the prison population during 2008 to changes from yearend 2000 through yearend 2007. These are the only comprehensive national-level data on prison admissions and releases. Findings cover data on decreasing growth in state and federal prisons through declining admissions and increasing releases; imprisonment rates for prisoners sentenced to more than 1 year by jurisdiction; the number of males and females in prison; age, race, and gender distributions; the number of inmates in custody in state and federal prison and local jails; and custody incarceration rates. The report also includes the count for inmates held within facilities operated by and for the military, U.S. territories, Indian country, Immigration and Customs Enforcement (ICE), and juvenile authorities."
• Probation and Parole in the United States, 2008: "Presents the number of adults under community supervision (probation or parole) at yearend 2008 and the growth rates in these populations during the year and since 2000. The report examines factors associated with changes in the probation and parole populations, such as the number of entries and exits, the rate at which probationers and parolees exit supervision, changes in the populations within jurisdictions, and compositional changes in both populations. The bulletin also provides 2008 detailed data in appendix tables by jurisdiction, including entries and exits by type, gender, race and Hispanic origin, type of offense, supervision status, offenders (including sex offenders) tracked through a Global Positioning System (GPS), and other information."

News release: "Statistics released today by the Federal Bureau of Investigation revealed that 7,783 criminal incidents involving 9,168 offenses were reported in 2008 as a result of bias toward a particular race, religion, sexual orientation, ethnicity/national origin, or disability. Published by the FBI’s Uniform Crime Reporting Program, Hate Crime Statistics, 2008, includes data about hate crime incidents submitted by law enforcement agencies throughout the nation."

"The UT Libraries' Human Rights Documentation Initiative (HRDI) is committed to the long-term preservation of fragile and vulnerable records of human rights struggles worldwide, the promotion and secure usage of human rights archival materials, and the advancement of human rights research and advocacy around the world. The HRDI website highlights the following types of materials:

1. UT Collections: Primary source, archival materials related to human rights
   
2. Archived Web Resources: Websites, reports, audio, video, photographs on human rights struggles that are produced by individuals or small organizations who lack resources and opportunities for widespread distribution of their work
   
3. Audiovisual documentation (limited access): Fragile, born-digital, audiovisual documentation of human rights violations acquired through partnerships with human rights organizations worldwide (see About the HRDI, access to these materials is currently limited due to the sensitive nature of the information)

News release: "Based on the U.S. Census Bureau’s American Community Survey, 22,295,000 Americans with disabilities are of working age; however, only 36.9 percent were employed, compared to the 79.7 percent of the non-disabled. Acknowledging this disparity, the American Bar Association Commission on Mental and Physical Disabilities hosted the “Second ABA National Conference on the Employment of Lawyers with Disabilities” in June and are now releasing a report, based on the conference, as a resource tool for legal employers and lawyers with disabilities. The report provides guidance as to the best practices for employment of lawyers with disabilities as well as mentoring, retaining and promoting lawyers with disabilities. Additionally, there is guidance and insight as to how lawyers and law students with disabilities can attain employment."

"Despite considerable progress in the past decades, societies continue to fail to meet the health care needs of women at key moments of their lives, particularly in their adolescent years and in older age. These are the key findings of the WHO report Women and health: today's evidence tomorrow's agenda. WHO calls for urgent action both within the health sector and beyond to improve the health and lives of girls and women around the world, from birth to older age. The report provides the latest and most comprehensive evidence available to date on women's specific needs and health challenges over their entire life-course. The report includes the latest global and regional figures on the health and leading causes of death in women from birth, through childhood, adolescence and adulthood, to older age."

"The Institute for Workplace Studies (IWS) in conjunction with the Cornell Law School is committed to helping the Rwanda Tribunal garner more attention world-wide. The lessons and legacy of ground-breaking legal matters related to the unspeakable events in Rwanda should not be forgotten. Humans, whether from rich or poor countries, must remain vigilant in curbing the motivations that lead individuals and groups to violent hatred and barbaric acts against a class of people. Consequently, items about this tribunal, which will end shortly after 2010, will appear from time to time on this news service. Last month, the IWS Colloquium Series, with cosponsorship of the Cornell Law School (represented by Prof. Claire Germain) hosted Sir Dennis Byron, President of the International Criminal Tribunal for Rwanda (ICTR), who spoke about the Role of the Courts in Protecting and Preserving Human Rights. It was a fascinating evening that touched on both legal and institutional issues, never flinching from some of the moral and social issues. Of particular note are the ground-breaking precedents of the ICTR in regard to sexual violence and the limits of freedom of speech. [Stuart Basefsky]

Follow up to previous postings on airport whole body imaging technology, "EPIC filed a Freedom of Information Act lawsuit challenging the Department of Homeland Security's failure to make public details about the agency's Whole Body Imaging program. The devices capture detailed naked images of air travelers in the United States. After the agency announced that the body scanners would become the primary screening device in US airports, EPIC demanded that the agency disclose records that describe the scanners' capacity to save and transmit images. In June, EPIC sent a letter to the Secretary of Homeland Security Janet Napolitano urging her to suspend the digital strip searches."

Strategy for gender mainstreaming in the Employment Sector for the implementation of the ILO Action Plan for Gender Equality 2008-09 / International Labour Office. - Geneva: ILO, 2009, 24 p. [Stuart Basefsky]

New York Times: "In September 2008, the Bush administration changed domestic intelligence-gathering rules. The Federal Bureau of Investigation's interpretation of those rules was recently made public when the bureau released a redacted copy of its "Domestic Investigations and Operation Guide" in response to a Freedom of Information lawsuit. The new rules have given F.B.I. agents the most power in national security matters that they have had since the post-Watergate era."

"EPIC joined the Privacy Coalition letter sent to the House Committee on Homeland Security urging them to investigate the Department of Homeland Security's (DHS) Chief Privacy Office. DHS is unrivaled in its authority to develop and deploy new systems of surveillance. The letter cited DHS use of Fusion Center, Whole Body Imaging, funding of CCTV Surveillance, and Suspicionless Electronic Border Searches as examples of where the agency is eroding privacy protections."

News release: "A report released today by the Death Penalty Information Center concludes that states are wasting hundreds of millions of dollars on the death penalty, draining state budgets during the economic crisis and diverting funds from more effective anti-violence programs. A nationwide poll of police chiefs conducted by RT Strategies, released with the report, found that they ranked the death penalty last among their priorities for crime-fighting, do not believe the death penalty deters murder, and rate it as the least efficient use of limited taxpayer dollars."

• Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis - National Poll of Police Chiefs Puts Capital Punishment at Bottom of Law Enforcement Priorities. A Report from the Death Penalty Information Center, 10/17/2009
  
• New York Times: One Reporter’s Lonely Beat, Witnessing Executions - "Of all the consequences of shrinking newsrooms, one of the oddest is this: Fewer journalists are available to watch people die. But Michael Graczyk has witnessed more than 300 deaths, and many of those were people he had come to know. An Associated Press reporter based in Houston, Mr. Graczyk covers death penalty cases in Texas, the state that uses capital punishment far more than any other, and since the 1980s, he has attended nearly every execution the state has carried out — he has lost track of the precise count. Whenever possible, he has also interviewed the condemned killers and their victims’ families."
  
• Related postings on financial system

Follow up to previous postings on airport whole body imaging technology, this article from the Economist.com: "Much excitement in Manchester where trials have started of Britain’s first whole-body scanner. The machine takes X-ray photographs of passengers, and can reveal concealed threats without requiring the removal of clothing."

News release: "Increases in global contraceptive use have contributed to a decrease in the number of unintended pregnancies and, in turn, a decline in the number of abortions, which fell from an estimated 45.5 million procedures in 1995 to 41.6 million in 2003. While both the developed and the developing world experienced these positive trends, developed regions saw the greatest progress. Within the developing world, improvement varied widely, with Africa lagging behind other regions, according to Abortion Worldwide: A Decade of Uneven Progress, a major new Guttmacher Institute report released today."

Crime Against People with Disabilities, 2007: "Presents the first findings about nonfatal violent and property crime experienced by persons with disabilities, based on the National Crime Victimization Survey (NCVS). The report includes data on nonfatal violent victimization (rape/sexual assault, robbery, aggravated and simple assault) and property crime (burglary, motor vehicle theft, theft) against persons with disabilities in 2007. It compares the victimization experience of persons with and without disabilities, using population estimates based on the Census Bureau’s American Community Survey (ACS). Data are presented on victim and crime characteristics of persons with and without disabilities, including age, race and gender distribution; offender weapon use; victim injuries; and reporting to the police."

ACLU: "The Senate Judiciary Committee passed the USA PATRIOT Act Extension Act of 2009 [October 9, 2009], a bill which falls far short of restoring the necessary civil liberties protections lacking in the original Patriot Act. The bill, passed by the committee after two sessions of debate, makes only minor changes to the disastrous Patriot Act and was further watered down by amendments adopted during markup. The American Civil Liberties Union had endorsed the JUSTICE Act, an alternative bill that would heavily reform not only the Patriot Act but other overly broad surveillance laws."

News release: "The Department of Justice is releasing a new study today that measures the effects of youth violence in America, and the results are staggering. More than 60 percent of the children surveyed were exposed to violence in the past year, either directly or indirectly. Nearly half of children and adolescents were assaulted at least once, and more than one in ten were injured as a result. Nearly one-quarter were the victim of a robbery, vandalism or theft, and one in sixteen were victimized sexually. Those numbers are astonishing, and they are unacceptable. We simply cannot stand for an epidemic of violence that robs our youth of their childhood and perpetuates a cycle in which today’s victims become tomorrow’s criminals."

Crime Against People with Disabilities, 2007, 10/1/09: "First national study on crime against persons with disabilities — Young and middle-age persons with disabilities experienced higher rates of violence than persons of similar ages without disabilities."

"The Doing Business Gender Law Library is a collection of national legal provisions impacting women's economic status in 183 economies. The database facilitates comparative analysis of legislation, serves as a resource for research, and contributes to reforms that can enhance women’s full economic participation. We update the collection regularly but do not guarantee that laws are the most recent version, nor is the library exhaustive. Translations are not official unless indicated...The Doing Business Gender Law Library is a joint initiative of the Doing Business Project and the World Bank Gender Action Plan, supported by Vital Voices Global Partnership."

World Bank - Gender Equality as Smart Economics Newsletter, October 2009

Statement of Glenn A. Fine, Inspector General, U.S. Department of Justice before the Senate Committee on the Judiciary concerning Reauthorizing the USA Patriot Act, September 23, 2009

EPIC: "...the Department of Justice announced a new policy that limits the government’s use of the state secrets privilege. The state secrets privilege is a rule of evidence intended to prevent genuine matters of national security from being disclosed in open court. However, recently it has been misused by both the Bush and Obama administrations in order to derail litigation completely. For instance, in 2007 EPIC filed a “friend-of-the-court” brief in a warrantless wiretapping case, Hepting v. United States, in which the government argued that the case should be dismissed because it would reveal “state secrets.” Under the new policy, the privilege will be invoked only "to the extent necessary to protect against the risk of significant harm to national security." The Attorney General will also have to approve each determination. The State Secret Protection Act of 2009, legislation with a similar purpose, is now pending in Congress. For more information, see EPIC Open Government."

News release: "A judge ordered the government Thursday to release more records about the lobbying campaign to provide immunity to the telecommunications giants that participated in the NSA's warrantless surveillance program. U.S. District Judge Jeffrey S. White ordered the records be provided to the Electronic Frontier Foundation (EFF) by October 9, 2009. The decision is part of EFF's long-running battle to gather information about telecommunications lobbying conducted as Congress considered granting immunity to companies that participated in illegal government electronic surveillance. Telecom immunity was eventually passed as part of the FISA Amendments Act (FAA) of 2008, but a bill that would repeal the immunity -- called the JUSTICE Act -- was introduced in the Senate last week."

"A fast-growing FBI data-mining system billed as a tool for hunting terrorists is being used in hacker and domestic criminal investigations, and now contains tens of thousands of records from private corporate databases, including car-rental companies, large hotel chains and at least one national department store, declassified documents obtained by Wired.com show. Headquartered in Crystal City, Virginia, just outside Washington, the FBI’s National Security Branch Analysis Center (NSAC) maintains a hodgepodge of data sets packed with more than 1.5 billion government and private-sector records about citizens and foreigners, the documents show, bringing the government closer than ever to implementing the “Total Information Awareness” system first dreamed up by the Pentagon in the days following the Sept. 11 attacks."

Follow up to August 23, 2009 posting - "Why Women's Rights Are The Cause of Our Time" - today's news release: "Millions of girls and women will have access to improved health care, better education, and increased economic opportunity because of commitments made today at the Fifth Annual Meeting of the Clinton Global Initiative (CGI), which brings together leaders from across sectors of society to identify solutions to some of the world's most pressing problems. Women perform 66 percent of the world's work, and produce 50 percent of the food, yet earn only 10 percent of the income and own 1 percent of the property," President Bill Clinton said. "Whether the issue is improving education in the developing world, or fighting global climate change, or addressing nearly any other challenge we face, empowering women is a critical part of the equation." Reports show that when women and girls are empowered, entire regions see measurable results. This is especially true for economic empowerment – for example, a woman is likely to reinvest about 90 percent of her earnings into her family's well-being, compared with 35 percent for a man. Increases in access to education among girls accounted for a decline of 43 percent in the malnutrition rates between 1970 and 1995. Investing in women's health, especially reproductive health, not only saves the lives of half a million mothers, but also unleashes an estimated $15 billion in productivity each year."

News release and Fact Sheet: "U.S. Senators Russ Feingold (D-WI), Dick Durbin (D-IL), Jon Tester (D-MT), Tom Udall (D-NM), Jeff Bingaman (D-NM), Bernie Sanders (I-VT), Daniel Akaka (D-HI) and Ron Wyden (D-OR) have introduced legislation to fix problems with surveillance laws that threaten the rights and liberties of American citizens. The Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act would reform the USA PATRIOT Act, the FISA Amendments Act and other surveillance authorities to protect Americans’ constitutional rights, while preserving the powers of our government to fight terrorism. The JUSTICE Act reforms include more effective checks on government searches of Americans’ personal records, the “sneak and peek” search provision of the PATRIOT Act, “John Doe” roving wiretaps and other overbroad authorities. The bill will also reform the FISA Amendments Act, passed last year, by repealing the retroactive immunity provision, preventing “bulk collection” of the contents of Americans’ international communications, and prohibiting “reverse targeting” of innocent Americans. And the bill enables better oversight of the use of National Security Letters (NSLs) after the Department of Justice Inspector General issued reports detailing the misuse and abuse of the NSLs. The Senate Judiciary Committee will hold a hearing on Wednesday, September 23rd, on reauthorization of the USA PATRIOT Act."

"Banned Books Week (BBW): Celebrating the Freedom to Read is observed during the last week of September each year. Observed since 1982, this annual ALA event reminds Americans not to take this precious democratic freedom for granted. BBW celebrates the freedom to choose or the freedom to express one’s opinion even if that opinion might be considered unorthodox or unpopular and stresses the importance of ensuring the availability of those unorthodox or unpopular viewpoints to all who wish to read them. After all, intellectual freedom can exist only where the freedom to express oneself and the freedom to choose what opinions and viewpoints to consume are both met. As the Intellectual Freedom Manual (ALA, 7th edition) states:

Intellectual freedom can exist only where two essential conditions are met: first, that all individuals have the right to hold any belief on any subject and to convey their ideas in any form they deem appropriate; and second, that society makes an equal commitment to the right of unrestricted access to information and ideas regardless of the communication medium used, the content of the work, and the viewpoints of both the author and receiver of information. Freedom to express oneself through a chosen mode of communication, including the Internet, becomes virtually meaningless if access to that information is not protected. Intellectual freedom implies a circle, and that circle is broken if either freedom of expression or access to ideas is stifled.

AL-KIDD v. ASHCROFT, No. 06-36059 D.C. No. CV-05-00093-OPINION

OIG-09-64 - Role of the No Fly and Selectee Lists in Securing Commercial Aviation (PDF, 63 pages] Redacted, July 2009.

"Welcome to our new website! As the Executive Director of the Council [Valerie Jarrett], I’m very excited to launch this site as we commemorate Women’s Equality Day on August 26. On this day when we remember the bravery and struggles that won women the right to vote, we are very pleased to add this website to share with everyone the work of this Administration to address the issues of concern to women and girls. The mission of the White House Council on Women and Girls is to ensure that every part of the federal government takes into account the needs of women and girls in the policies we draft, the programs we create, the legislation we support. Through this site you will be able to meet the member of the Council and the key staff in each agency who are charged with meeting this charge from the President."

• The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
  
• History
  
• States parties
  
• Reservations
  
• Country Reports
  
• Other UN Conventions on Women
  
• Commentary: Celebrating Women’s Equality Day

New York Times: "Senator Edward M. Kennedy of Massachusetts, a son of one of the most storied families in American politics, a man who knew acclaim and tragedy in near-equal measure and who will be remembered as one of the most effective lawmakers in the history of the Senate, died late Tuesday night. He was 77."

News release: "Today, the National Security Archive posted a side-by-side comparison of two very different versions of a 2004 report on the CIA's "Counterterrorism Detention and Interrogation Activities" by Agency Inspector General John Helgerson. Yesterday, the Obama administration released new portions of the report including considerably more information about the use of torture and other illegal practices by CIA interrogators than a version of the report declassified by the Bush administration in 2008. The report was first posted on the Web yesterday by the Washington Independent.

News release: "The [redacted] documents [below] were released through FOIA litigation by the Center for Constitutional Rights, Amnesty International USA, and the Center for Human Rights and Global Justice at New York University School of Law seeking disclosure of information concerning “disappeared” detainees, including “ghost” and unregistered prisoners. The original FOIA requests were filed with several U.S. government agencies including the Departments of Justice and Defense and the Central Intelligence Agency...CCR has led the legal battle over Guantanamo for the last seven years – sending the first ever habeas attorney to the base and sending the first attorney to meet with a former CIA “ghost detainee” there. CCR represents current and former detainees who were tortured and abused at Guantanamo, Abu Ghraib and in the secret CIA detention program."

• 3 June 2005 - CIA Doc Detainee Reporting Pivotal for the War Against Al-Qa'ida
  
• 13 July 2004 - CIA Khlaid Shaykh Muhammad - Preeminent Source on Al-Qa'ida
  
• Related postings on detention and torture

Background Checks for Firearm Transfers, 2008 - Statistical Tables

• "This web page describes background checks for firearm transfers conducted in 2008. The statistical tables below provide the number of firearm transaction applications checked by state points of contact and local agencies, the number of applications denied and the reasons for denial, and estimates of applications and denials conducted by each type of approval system. Data are also provided on appeals of denied applications and arrests for falsified applications. The Regional Justice Information Service (REJIS) prepared these tables under the supervision of Devon B. Adams, of the Bureau of Justice Statistics. The tables were prepared under BJS cooperative agreement #2008-BJ-CX-K004. The BJSsponsored Firearm Inquiry Statistics (FIST) program collects information on firearm background checks conducted by state and local agencies, and combines this information with FBI National Instant Criminal Background Check System (NICS) transaction data."
  
• Summary findings: "From the inception of the Brady Act on March 1, 1994, through December 31, 2008, over 97 million applications for
  firearm transfers or permits were subject to background checks...Among all state agencies, denial rates for instant check systems ranged from nearly 5% to less than 1%."

EPIC: "Senators Russ Feingold (D-WI) and Dick Durbin (D-IL) are drafting legislative reforms to revise the USA PATRIOT Act. The USA PATRIOT Act allows authorities to conduct surveillance without judicial review through the use of National Security Letters. The Senators asked the Attorney General and the Chairmen of the Senate Judiciary and Intelligence Committee to consider two previous bills that add protections to PATRIOT ACT. Pursuant to a EPIC lawsuit, a federal judge had ordered the Justice Department to provide for independent judicial inspection of documents relating to warrantless wiretapping. For more information, see EPIC USA PATRIOT Act, EPIC FISA, EPIC Wiretapping, and EPIC National Security Letters."

U.S. Immigration and Customs Enforcement (ICE): "Assistant Secretary John Morton announced substantial steps, effective immediately, to overhaul the immigration detention system. These reforms will address the vast majority of complaints about our immigration detention, while allowing ICE to maintain a significant, robust detention capacity to carry out serious immigration enforcement. The present immigration detention system is sprawling and needs more direct federal oversight and management. While ICE has over 32,000 detention beds at any given time, the beds are spread out over as many as 350 different facilities largely designed for penal, not civil, detention. ICE employees do not run most of these. The facilities are either jails operated by county authorities or detention centers operated by private contractors. The Future Syste: With these reforms, ICE will move away from our present decentralized, jail-oriented approach to a system wholly designed for and based on ICE’s civil detention authorities. The system will no longer rely primarily on excess capacity in penal institutions. In the next three to five years, ICE will design facilities located and operated for immigration detention purposes. These same reforms will bring improved medical care, custodial conditions, fiscal prudence, and ICE oversight."

On Locational Privacy, and How to Avoid Losing it Forever, By Andrew J. Blumberg and Peter Eckersley, August 2009: "Over the next decade, systems which create and store digital records of people's movements through public space will be woven inextricably into the fabric of everyday life. We are already starting to see such systems now, and there will be many more in the near future...Locational privacy (also known as “location privacy”) is the ability of an individual to move in public space with the expectation that under normal circumstances their location will not be systematically and secretly recorded for later use. The systems discussed [in this report] have the potential to strip away locational privacy from individuals..."

Joel Zand, FindLaw: "A panel of three federal judges ordered the State of California to reduce its inmate population because of prison overcrowding, resulting in the release of approximately 43,000 prisoners during the next two years so that the state's prisons can operate at 137.5% of their design capacity. In a 184-page opinion, the panel ordered California to provide an inmate reduction plan within 45 days to carry out the court's directive "in no more than two years."

wkyc.com: "TSA has revealed it is testing scanning technology at Cleveland Hopkins Airport that allows screeners to see through clothing. Despite public concern over what's viewed by some as invasive imagery, TSA is moving ahead with the advanced imagery technology it claims will improve security by allowing screeners to quickly scan passengers for weapons without a need for physical contact. Once testing and training are complete, the new scanners will go into full-time use at Hopkins."

News release: "In conjunction with the 19th anniversary of the Americans with Disabilities Act, the U.S. Department of Labor has re-named and re-launched DisabilityInfo.gov as Disability.gov. The site now offers comprehensive information about programs and services to better serve the more than 50 million Americans with disabilities, their family members, veterans, employers, educators, caregivers and anyone interested in disability-related information. The new Web site integrates content from 22 federal agencies and will be managed by the Labor Department. The former DisabilityInfo.gov site was revamped with social media tools to encourage interaction and feedback, and new ways to organize, share and receive information. Visitors can sign up for personalized news and updates, participate in online discussions and suggest resources for the site. New features include a Twitter feed, Really Simple Syndication feeds, a blog, social bookmarking and a user-friendly way to obtain answers to questions on such topics as finding employment and job accommodations. Additional tools will be added during the months ahead."

The UN Convention on the Rights of Persons with Disabilities, which President Obama ....announce[d] that the US will sign, will be the first international human rights treaty signed by the United States in nearly a decade, Human Rights Watch said... "This treaty was created to make sure that people with disabilities have the same opportunities as everyone else and are fully included in society," said Joe Amon, director of the Health and Human Rights Program at Human Rights Watch. "This is a real victory for both that goal and for the disability rights advocates who have worked so hard for it." The Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly in December 2006 and was signed by 82 countries when it opened for signature on March 30, 2007. Today 140 countries have signed, and 61 have ratified. It requires governments to prohibit discrimination against persons with disabilities and support their dignity, autonomy, and full participation in society."

Overview of Statutory Mandatory Minimum Sentencing: "The Commission has identified at least 171 individual mandatory minimum provisions currently in the federal criminal statutes. In the Commission’s fiscal year 2008 datafile, there were 31,239 counts of conviction that carried a mandatory minimum term of imprisonment.3 Because an offender may be sentenced for multiple counts of conviction that carry mandatory minimum penalties, these 31,239 counts of conviction exceed the total number of offenders (21,023 offenders, as reported below) who were convicted of statutes carrying such penalties. Of these 31,239 counts of conviction, the overwhelming majority (90.7%) were for drug offenses (24,789 counts of conviction, or 79.4%) and firearms offenses (3,527 counts of conviction, or 11.3%)."

News release: "The Department of Justice and Department of Defense today announced that the Detention Policy Task Force, which was created pursuant to Executive Order 13493, has issued a preliminary report on military commissions and a process for the determination of prosecution forum for trials of suspected terrorists. A copy of the report is attached. As authorized by the Executive Order, the Attorney General and Secretary of Defense have also decided to extend by six months the period in which the Task Force will conduct its work and submit a final report."

Seeking Bypass: What Will Ultimately End Confidence in the Necessity of Parental Involvement Laws? - Public interest law advocate Diana Philip's commentary focuses specifically on the multifaceted, complex and challenging issues that encompass the dichotomy between reproductive health care and rights available to adult pregnant women and pregnant minors. Diana's position includes references to seminal legal cases as well as to selected scholarly literature in the field of juvenile reproductive health.

New York Times: "Ms. Estemirova was an essential member of a tiny circle of the premier human rights investigators in the entire Caucasus — a woman of immeasurable courage, precision and calm. She was a researcher for Memorial, the human rights organization, in Grozny, Chechnya’s capital."

Secrecy News: "The new CRS report - "Gang of Four" Congressional Intelligence Notifications, July 14, 2009 - explains the role of the "Gang of Four," meaning the chairmen and ranking members of the House and Senate Intelligence Committees, who are to be informed of particularly sensitive intelligence activities. (When the Bush Administration first notified Congress of its warrantless surveillance program, it limited the disclosure to the "Gang of Four.")"

2009 Trafficking in Persons Report: "The Department of State is required by law to submit each year to the U.S. Congress a report on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This is the ninth annual TIP Report; it seeks to increase global awareness of the human trafficking phenomenon by shedding new light on various facets of the problem and highlighting shared and individual efforts of the international community, and to encourage foreign governments to take effective action against all forms of trafficking in persons."

Refugees and Asylees: 2008 - Daniel C. Martin And Michael Hoefer

Brennan Center for Justice: Language Access in State Courts, Laura Abel

News release: Today’s release of a report by several agency inspectors general reinforces the National Security Archive’s argument in our Freedom of Information Act lawsuit that the Justice Department should declassify and release the legal justifications for the surveillance program authorized by President Bush after the terrorist attacks of September 11, 2001. The new report from the inspectors general of the Department of Defense, Department of Justice, Central Intelligence Agency, National Security Agency, and Office of the Director of National Intelligence, criticizes the OLC memoranda that were used to justify warrantless surveillance of US citizens, several of which remain secret and are subject to the Archive’s lawsuit. The IGs state that there were “deficiencies” in the OLC memos, drafted by Deputy Assistant Attorney General John Yoo, and that the memos “raise[d] serious concerns” at DOJ because they omitted analysis of key cases and legal provisions and were not subject to the ordinary “rigorous peer review process.”

News release: "The Electronic Frontier Foundation (EFF) filed suit against the Department of Justice [on June 24, 2009], demanding the public release of the surveillance guidelines that govern investigations of Americans by the Federal Bureau of Investigation (FBI). The FBI's Domestic Investigative Operational Guidelines went into effect in December of 2008 and detail the Bureau's procedures and standards for implementing the Attorney General's Guidelines on approved surveillance strategies...The FBI's general counsel has acknowledged that "the expansion of techniques available [to the Bureau] has raised privacy and civil liberties concerns." Investigations can include the electronic collection of information from online sources and computer databases, as well as the use of grand jury subpoenas to obtain telephone and email subscriber information. Other recent policy changes allow the FBI to engage in free-ranging investigation of Internet sites, libraries, and religious institutions." [Darlene Fichter]

News release: "Widespread racial profiling by law enforcement agents as a result of Bush-era policies remains a pervasive problem throughout the United States, according to a report out today by the American Civil Liberties Union and the Rights Working Group (RWG). Government policies are a major cause of the disproportionate stopping and searching of racial minorities by law enforcement agencies, according to the report, which was submitted today to the U.N. Committee on the Elimination of Racial Discrimination (CERD)."

• The ACLU and RWG's report to CERD
  
• The Bush administration's final submission to CERD

News release: "The CIA informed the American Civil Liberties Union that it would delay by one week its release of a reprocessed version of the Office of the Inspector General (OIG) report on the CIA's interrogation and detention program [The heavily redacted version of the report released last year is available here.] The CIA turned over a heavily redacted version of the report in May 2008 as part of an ACLU Freedom of Information Act lawsuit, but on May 28, 2009, informed the court that it would review the same report with a view toward disclosing more information.In a letter to the ACLU, the government said it "will need additional time to make a final determination as to what additional information, if any, may be disclosed from the report."

"The ninth annual Trafficking in Persons Report [download each section or complete report] sheds light on the faces of modern-day slavery and on new facets of this global problem. The human trafficking phenomenon affects virtually every country, including the United States. In acknowledging America’s own struggle with modern-day slavery and slavery-related practices, we offer partnership. We call on every government to join us in working to build consensus and leverage resources to eliminate all forms of human trafficking." --Secretary Clinton, June 16, 2009.

Economist.com chart: "At the end of 2008 10.5m refugees were in the direct care of the UN High Commissioner for Refugees, down slightly from 11.4m a year earlier. The conflicts in Afghanistan and Iraq again caused the largest numbers of refugees to flee to, or remain in, neighbouring countries. Some 2.8m of the world's refugees are from Afghanistan, most of whom are in Pakistan and Iran. Pakistan hosted almost 1.8m people last year, nearly all from Afghanistan, with Syria and Iran each receiving around 1m people. Germany was the most popular destination among rich countries. But as a share of its population Jordan has by far the highest concentration of refugees."

DHS Office of Immigration Statistics - Refugees and Asylees: 2008, Daniel C. Martin AND Michael Hoefer

New on LLRX.com - FOIA Facts: The Detainee Photo Issue - Is it What it Seems? - Scott A. Hodes comments on the Obama administrations' decision to continue to fight the release of detainee photos.

News release: "United States Customs and Border Protection (CBP) policy permits officials to search the laptops and other electronic devices of travelers without suspicion of wrongdoing, according to a Freedom of Information Act (FOIA) request filed today by the American Civil Liberties Union. The ACLU filed the FOIA request with CBP, a component of the Department of Homeland Security (DHS), to learn how CBP's suspicionless search policy, first made public in July 2008, is impacting the constitutional rights of international travelers."

News release: "A record 10,552 fair housing discrimination complaints were filed in fiscal year 2008, according to a report just released by the U.S. Department of Housing and Urban Development. The State Of Fair Housing FY 2008, Annual Report On Fair Housing, which is produced for Congress each year, shows that a large portion of the complaints, 44 percent, were filed by persons with disabilities. Thirty-five percent, or 3,699, of the complaints alleged discrimination based on race."

"The American Civil Liberties Union today released a report summarizing the civil liberties and civil rights record of Judge Sonia Sotomayor, who was nominated by President Obama to replace retiring Justice David Souter as an Associate Justice of the United States Supreme Court. The report was prepared in accordance with ACLU policy, and will be made available to the public and members of the Senate. The ACLU does not endorse or oppose candidates for elective or appointive office."

"In cases where the DEA is the lead investigative agency, there are significant geographic variations in the rates at which individuals convicted of criminal offenses get sent to prison. According to Justice Department data obtained and analyzed by the Transactional Records Access Clearinghouse and just published on TRAC's DEA website, in the Northern District of West Virgina (Wheeling) 65.6% of convictions in such cases resulted in prison terms in 2008. In New York West (Buffalo) the rate was 71.1%. On the other hand, in nine districts fully 100% of all convictions in such cases resulted in prison terms. These were: Alabama Middle (Montgomery), Illinois South (East St. Louis), Illinois Central (Springfield), Michigan West (Grand Rapids), Nebraska (Omaha), North Dakota (Fargo), Oklahoma East (Muskogee), Rhode Island (Providence) and Wisconsin West (Madison). Nationally, the rate was 94.6%...For district-by-district DEA enforcement information go here and click on "District Enforcement." There you'll find data on DEA referrals, charges, convictions, prison sentences and much more, for specific districts and the U.S. as a whole."

Federal Justice Statistics, 2006 - Statistical Tables, 5/09: "Describes criminal case processing in the federal justice system, including arrest and booking through sentencing and corrections. These statistical tables present the number of suspects arrested and booked by the U.S. Marshals Service, suspects in matters investigated and prosecuted by U.S. attorneys, defendants adjudicated and sentenced in U.S. district court, and characteristics of federal prisoners and offenders under federal supervision."

Amnesty International: The State of the World's Human Rights

Find a Report - scroll to the bottom of each link below to select a specific country's data

• Africa
  
• Americas
  
• Asia and the Pacific
  
• Europe and Central Asia
  
• Middle East and North Africa

"After several months of declines since reaching all-time highs in September, new immigration prosecutions in February were up 22% from the previous month. According to timely case-by-case data obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC), these 8,179 cases represent an increase of about 90% from a year ago, and 250% from February 2004. While immigration cases still account for more than half (53%) of all new federal prosecutions, new filings rose in nearly every other category as well, including drugs (up 49%), weapons (up 19%), white collar crime (up 24%) and government regulation (up 42%). Overall, new criminal cases are at the second-highest level recorded, up 27% from January and up 39% from a year ago."

• Commonwealth of the Northern Mariana Islands: Coordinated Federal Decisions and Additional Data Are Needed to Manage Potential Economic Impact of Applying U.S. Immigration Law, GAO-09-426T, May 19, 2009
• DOD Personnel Clearances: Comprehensive Timeliness Reporting, Complete Clearance Documentation, and Quality Measures Are Needed to Further Improve the Clearance Process, GAO-09-400, May 19, 2009
• Foreign Assistance: Measures to Prevent Inadvertent Payments to Terrorists under Palestinian Aid Programs Have Been Strengthened, but Some Weaknesses Remain, GAO-09-622, May 19, 2009
• Information Security: Agencies Make Progress in Implementation of Requirements, but Significant Weaknesses Persist, GAO-09-701T, May 19, 2009
• Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers, GAO-09-719T, May 19, 2009

"EPIC announced a national campaign today to suspend the use of "Whole Body Imaging" -- devices that photograph American air travellers stripped naked in US airports. The campaign responds to a policy reversal by the TSA which would now make the the "virtual strip search" mandatory, instead of voluntary as originally announced. EPIC and others say that there are inadequate safeguards to prevent the misuse of the images. They are asking Homeland Security Secretary Janet Napolitano to suspend the program and to allow for public comment. For more information, see EPIC's Backscatter X-ray, Whole Body Imaging page."

Criminal Justice Reform Resources 2008-2009: Ken Strutin's guide focuses on select current reports, surveys, legislative proposals and scholarship regarding criminal justice reform. It is only a small sampling of the increasing volume of publications on vital matters of interest to criminal practitioners and the public. Therefore, only a few themes are covered: criminal justice, discovery, forensics, juvenile justice, prosecutorial misconduct, public defense, sentencing and wrongful conviction.

• Depot Maintenance: Actions Needed to Identify and Establish Core Capability at Military Depots, GAO-09-83, May 14, 2009: "DOD, through its biennial core process, has not comprehensively and accurately assessed whether it has the required core capability to support fielded systems in military depots. Although DOD internally reported that its maintenance workload of 92.7 million hours in 2007 was “well over” the minimum of 70.5 million hours needed to fulfill core requirements at military depots and that the services were complying with their core capability requirements, this assessment did not show capability shortfalls identified by the services in their core computations."
• Aviation Security: TSA Has Completed Key Activities Associated with Implementing Secure Flight, but Additional Actions Are Needed to Mitigate Risks, GAO-09-292, May 13, 2009: "As of April 2009, TSA had generally achieved 9 of the 10 statutory conditions related to the development of the Secure Flight program and had conditionally achieved 1 condition (TSA had defined plans, but had not completed all activities for this condition). Also, TSA’s actions completed and those planned have reduced the risks associated with implementing the program."

Home Office Statistical Bulletin: Statistics on Terrorism Arrests and Outcomes, Great Britain 13 May 2009 - 11 September 2001 to 31 March 2008.

News release: "According to the 2009 National Gang Threat Assessment released by the National Gang Intelligence Center (NGIC) and the National Drug Intelligence Center (NDIC), approximately one million gang members belonging to more than 20,000 gangs were criminally active in the U.S. as of September 2008. The assessment was developed through analysis of available federal, state, and local law enforcement information; 2008 NDIC National Drug Threat Survey (NDTS) data; and verified open source information."

News release: "The Federal Trade Commission has charged a home mortgage lender and its owner with violating federal law by charging Hispanic consumers higher prices for mortgage loans than non-Hispanic white consumers – price disparities that cannot be explained by the applicants’ credit characteristics or underwriting risk. The FTC seeks to bar future violations and obtain redress for consumers...According to the FTC’s complaint, the defendants violated the Equal Credit Opportunity Act (ECOA) in pricing mortgage loans. They allegedly gave loan officers and branch managers wide discretion to charge, in addition to the risk-based price, “overages” through higher interest rates and higher up-front charges. The defendants allegedly paid loan officers a percentage of the overages as a commission and failed to monitor whether Hispanic consumers were paying higher overages than non-Hispanic white borrowers."

The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices, Audit Report 09-25, May 2009

LLRX Book Review by Heather A. Phillips - Just and Unjust Warriors: the moral and legal status of soldiers - Heather A. Phillips describes how though a series of eleven well-written and closely reasoned original essays this book question the treatments of many of the foundations of classical just war theory, such as a non-volunteer army, the use of private contractors as soldiers, the harmlessness of those not actively engaged in combat, the symmetry of combatants, proportionality and extreme emergency.

"A total of 1,891 applications to federal and state judges for orders authorizing the interception of wire, oral or electronic communications were reported in 2008. No applications were denied. This is a 14 percent decrease in the total of applications reported, compared to 2007. Fewer states—22 states compared to 24 in 2007—reported wiretap activity and the number of applications approved by state judges, 1,505, was down 14 percent from 2007. Federal judges approved 386 applications, down 16 percent from 2007. Orders for 28 wiretaps were approved for which no wiretaps actually were installed. Additional data on applications for wiretaps for the period January 1 through December 31, 2008, is available online in the 2008 Wiretap Report."

State Department, Washington, DC, April 27, 2009: "On March 31, U.S. Secretary of State Hillary Rodham Clinton and U.S. Permanent Representative to the UN Ambassador Susan Rice announced that the United States will seek a seat this year on the United Nations Human Rights Council with the goal of working to make it a more effective body to promote and protect human rights. As part of the process that will culminate in elections on May 12, each candidate country is asked to produce a pledge outlining its commitment to promoting human rights. This information is circulated among countries and posted on the UN Human Rights Council website. The United States has produced its pledge - Human Rights Commitments and Pledges of the United States of America, which can be read in its entirety here."

News release: "In anticipation of President Obama’s 100th day in office, U.S. Senator Russ Feingold today released a "100 Day Rule of Law Report" to examine the new administration’s efforts to reverse the Bush administration’s eight year assault on the rule of law. Feingold assessed the steps the Obama administration has taken thus far to address recommendations made by forty organizations and experts in connection with a Senate Constitution Subcommittee hearing chaired by Feingold on September 16, 2008, entitled Restoring the Rule of Law. President Obama received high marks for several actions he has taken in his first 100 days in office, including his executive orders to close the facility at Guantanamo Bay, ban torture and increase transparency. However, Feingold’s review finds the Obama administration’s invoking of the state secrets privilege “troubling.”

• Legal Analysis of Religious Exemptions for Photo Identification Requirements, April 13, 2009.
• Federal Advisory Committees: An Overview, April 16, 2009.
• Piracy Off the Horn of Africa, April 21, 2009.
• FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations, April 17, 2009.
• Organized Crime in the United States: Trends and Issues for Congress, April 16, 2009.
• Disconnected Youth: A Look at 16- to 24-Year Olds Who Are Not Working or In School, April 22, 2009. [all via FAS]

New York Review of Books: The Need to Roll Back Presidential Power Grabs, By Arlen Specter, April 16, 2009

Unclassified and Redacted - Inquiry Into the Treatment Of Detainees In U.S. Custody, November 20, 2008 (Released, April 22, 2009) (263 pages, PDF)

F.B.I. and States Vastly Expand DNA Databases, by Solomon Moore: "Law enforcement officials are vastly expanding their collection of DNA to include millions more people who have been arrested or detained but not yet convicted. The move, intended to help solve more crimes, is raising concerns about the privacy of petty offenders and people who are presumed innocent. Until now, the federal government genetically tracked only convicts. But starting this month, the Federal Bureau of Investigation will join 15 states that collect DNA samples from those awaiting trial and will also collect DNA from detained immigrants — the vanguard of a growing class of genetic registrants. the F.B.I., with a DNA database of 6.7 million profiles, expects to accelerate its rate of growth from 80,000 new entries a year to 1.2 million by 2012 — a 17-fold increase. F.B.I. officials say they expect DNA processing backlogs — which now stand at more than 500,000 cases — to increase."

• Statement of President Barack Obama on Release of OLC Memos: "The Department of Justice will today release certain memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. These memos speak to techniques that were used in the interrogation of terrorism suspects during that period, and their release is required by the rule of law. My judgment on the content of these memos is a matter of record. In one of my very first acts as President, I prohibited the use of these interrogation techniques by the United States because they undermine our moral authority and do not make us safer. Enlisting our values in the protection of our people makes us stronger and more secure. A democracy as resilient as ours must reject the false choice between our security and our ideals, and that is why these methods of interrogation are already a thing of the past."
• ACLU: In response to litigation filed by the American Civil Liberties Union under the Freedom of Information Act (FOIA), the Justice Department today released four secret memos used by the Bush administration to justify torture. The memos, produced by the Justice Department's Office of Legal Counsel (OLC), provided the legal framework for the CIA's use of waterboarding and other illegal interrogation methods that violate domestic and international law. The ACLU has called for the Justice Department to appoint an independent prosecutor to investigate torture under the Bush administration."
• The Torture Timeline, By Annie Lowrey, Foreign Policy

• Via FAS: Unclassified - Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment, 7 April 2009. Prepared by the Extremism and Radicalization Branch, Homeland Environment Threat Analysis Division. Coordinated with the FBI.
• Via FOXNews: Unclassified - Leftwing Extremists Likely to Increase Use of Cyber Attacks over the Coming Decade, 26 January 2009, (U) Prepared by the Strategic Analysis Group, Homeland Environment and Threat Analysis Division.

"Today, EPIC filed a Freedom of Information Act request demanding disclosure of records detailing airport scanners that take naked pictures of American travelers. Security experts describe the "whole body imaging" scanners as virtual strip searches. The Transportation Security Administration plans to make the scans mandatory at all airport security checkpoints, despite prior assurances that whole body imaging would be optional. EPIC's request seeks documents concerning the agency's ability to store and transmit detailed images of naked U.S. citizens. For more information, see EPIC's Whole Body Imaging page and EPIC's FOIA Litigation Manual."

Internally Displaced Persons: Guide to Legal Information Resources on the Web - Elisa Mason's guide highlights information resources focused on the arena of human rights and humanitarian law norms that are evolving to address the broadening scope of protection issues that encompass millions of internally displaced around the world.

News release (includes links to declassified documents): "As a special tribunal in Peru pronounced former president Alberto Fujimori guilty of human rights atrocities, the National Security Archive today posted key declassified U.S. documents that were submitted as evidence in the court proceedings. The declassified records contain intelligence gathered by U.S. officials from Peruvian sources on the secret creation of “assassination teams” as part of Fujimori’s counterterrorism operations, the role of the Peruvian security forces in human rights atrocities and Fujimori’s participation in protecting the military from investigation."

"Sexual assault takes many forms—it is any unwanted sexual contact, including rape, attempted rape, and child sexual abuse. It can affect people of any gender, age, ethnicity, sexual orientation, or ability. According to the National Violence Against Women Survey, 1 in 6 American women has been the victim of rape or attempted rape [...there were nearly 200,000 incidents of rape or sexual assault
in the United States in 2005]. Perpetrators of sexual assault can be friends, acquaintances, family members, or strangers. Working together, we can raise awareness, change attitudes, and help prevent sexual assault. For more information, visit the U.S. Department of Justice’s Office on Violence Against Women (OVW) at www.ovw.usdoj.gov."

• Download OVW's Sexual Assault Awareness Month Poster
  
• National Sexual Violence Resource Center
  
• State Sexual Assault Coalitions
  
• National Sexual Assault Coalition's Resource Sharing Project
  RAINN
  
• The Faces and Voices Project
  
• Sexual Assault National Organizations

ACLU Blog of Rights: "Coinciding with the start of Sexual Assault Awareness Month, the fully revised and updated fourth edition of The Rights of Women was released this week. The latest release in the ACLU Handbook Series, The Rights of Women is a comprehensive guide that explains in detail the rights that women and girls have under U.S. law, and how these laws can be used in the continuing struggle to achieve full gender equality. One chapter is dedicated to the issue of violence against women, including sexual assault."

• Preface
  
• Table of Contents
  
• Sample Chapter

News release: "The American Civil Liberties Union released a comprehensive report today examining widespread abuses that have occurred under the USA Patriot Act, a law that was rushed through Congress just 45 days after September 11. In the almost eight years since the passage of the controversial national security law, the Patriot Act has led to egregious government misconduct."

OECD: "Every year, the 8th of March marks a major day of global celebration for the economic, political and social achievements of women - and offers an occasion to present the work of the Development Centre in the area of gender equality."

News release: "Explosive growth in the number of people on probation or parole has propelled the population of the American corrections system to more than 7.3 million, or 1 in every 31 U.S. adults, according to a report released today by the Pew Center on the States. The vast majority of these offenders live in the community, yet new data in the report finds that nearly 90 percent of state corrections dollars are spent on prisons. One in 31: The Long Reach of American Corrections examines the scale and cost of prison, jail, probation and parole in each of the 50 states, and provides a blueprint for states to cut both crime and spending by reallocating prison expenses to fund stronger supervision of the large number of offenders in the community."

News release: "According to a letter filed by the government in court today, the CIA acknowledged it destroyed 92 tapes of interrogations. The admission comes in an American Civil Liberties Union lawsuit seeking records of the treatment of prisoners in U.S. custody abroad. In December 2007, the ACLU filed a motion to hold the CIA in contempt for its destruction of videotapes recording the harsh interrogation of prisoners in violation of a court order requiring the agency to produce or identify all the requested records. That motion is still pending."

Workforce Management: "Employers would be prohibited from making hiring, firing and other personnel decisions on the basis of workers’ genetic predisposition to a disease under rules to be proposed this week by the Equal Employment Opportunity Commission. The proposals, which are open for public comment over the next two months, also would bar employers from deliberately acquiring genetic information from employees and job applicants...In addition, employers would be restricted from disclosing genetic information about workers and applicants. Violators would be subject to compensatory and punitive damages under some circumstances."

• Meeting of February 25, 2009 - on Notice of Proposed Rulemaking Implementation of Title II of the Genetic Information Non-Discrimination Act of 2008, Statement of Christopher J. Kuczynski, J.D., LL.M., Assistant Legal Counsel, ADA Policy Division
  
• Genetic Information Nondiscrimination Act of 2008 (GINA) - H.R.493, Became Public Law No: 110-233 on May 21, 2008

EPIC: "Homeland Security Secretary Janet Napolitano testified before the House Committees on Homeland Security, and said that DHS plans to connect governmental databases containing personal information, expand the government's employment tracking system, promote passenger screening, use e-passports, employ watchlists and utilize contactless identity verification cards. EPIC has opposed Fusion Centers, the E-Verify program and the use of Backscatter X-Ray devices. EPIC has also objected to the use of RFIDs in passports, in Air Travel and in driver's licences."

News release: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) has announced three witnesses for a hearing scheduled Wednesday, March 4, on Getting to the Truth Through a Nonpartisan Commission of Inquiry. Leahy has proposed establishing a nonpartisan commission to examine past national security policies. Leahy has invited three witnesses to testify at the hearing: Thomas Pickering, former Under Secretary of State for Political Affairs, Retired Vice Admiral Lee Gunn, and attorney John Farmer."

2008 Country Reports on Human Rights Practices, February 25, 2009: "As we publish these reports, the Department of State remains mindful of both domestic and international scrutiny of the United States' record. As President Obama recently made clear, "we reject as false the choice between our safety and our ideals." We do not consider views about our performance voiced by others in the international community--whether by other governments or nongovernmental actors--to be interference in our internal affairs, nor should other governments regard expressions about their performance as such. We and all other sovereign nations have international obligations to respect the universal human rights and freedoms of our citizens, and it is the responsibility of others to speak out when they believe those obligations are not being fulfilled."

Follow up to Backgrounder, Database and Executive Order: Closing Guantanamo, the Department of Defense released a Review of Department Compliance With President's Executive Order on Detainee Condition of Confinement: "After considerable deliberation and a comprehensive review, it is our judgment that the conditions of confinement in Guantánamo are in conformity with Common Article 3 of the Geneva Conventions..."

"The Civil Rights Digital Library (CRDL), a comprehensive civil rights Web site and portal hosted by the University of Georgia, saw an enormous spike in the number of hits during the week of January 19 when the nation celebrated the inauguration of President Barack Obama and the Dr. Martin Luther King, Jr., holiday. Among CRDL’s many video selections, users could watch a prophetic 1971 clip of civil rights activist Andrew Young predicting the election of an African American president in his lifetime, a 1962 clip of African American students turned away from the public library in Albany, Georgia, and a 1960 clip of African American first-grade girls integrating an elementary school cheered on by African Americans in New Orleans, Louisiana. The Institute of Museum and Library Services (IMLS) awarded the University of Georgia a National Leadership Grant (NLG) to create the digital library in 2005. The project was selected in part because it provides a portal for many of the nation’s civil rights collections, resulting in much greater public access and the ability to search across many collections as if they were a single collection. It also harvests metadata from the collections, which are physically scattered throughout the country, and has contributed significantly to audio-visual metadata standards." [Institute of Museum and Library Services]

LLRX Book Review by Heather A. Phillips - Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States - Heather A. Phillips discusses author Hiroshi Motomura's insights into changing views on this experience, including the status of immigration as contract, and that of immigration as affiliation.

United Nations Assistance Mission to Afghanistan, Human Rights Unit: Afghanistan - Annual Report on Protection of Civilians in Armed Conflict, 2008. January 2009.

Closing Guantanamo, Greg Bruno, Staff Writer, February 12, 2009. Council on Foreign Relations

• Introduction
  
• The Guantanamo Inmates: Who Are They?
  
• The Guantanamo Inmates: How to Try Them
  
• The Guantanamo Inmates: Where to Send Them
  
• Constitutional and Other Considerations
  
  • See also The Guantánamo Docket - The Detainees: "Of the 779 people who have been detained at the United States military prison at Guantánamo Bay, Cuba, 532 have been transferred and 242 remain, according to analysis by The New York Times of documents from the Department of Defense. In addition, five detainees died while in custody. This interactive database includes information about the detainees, thousands of pages of government documents and links to court records and news media reports."
    
  • Executive Order regarding Guantanamo Bay detainees, January 22, 2009 - "Executive Order requires closure of the Guantanamo detention center no later than one year from the date of the Order. Closure of the facility is the ultimate goal but not the first step. The Order establishes a review process with the goal of disposing of the detainees before closing the facility."

News release: "President Obama has directed the National Security and Homeland Security Advisors to conduct an immediate review of the plan, programs, and activities underway throughout the government dedicated to cyber security. This 60-day interagency review will develop a strategic framework to ensure that U.S. Government cyber security initiatives are appropriately integrated, resourced and coordinated with Congress and the private sector. "The national security and economic health of the United States depend on the security, stability, and integrity of our Nation’s cyberspace, both in the public and private sectors. The President is confident that we can protect our nation’s critical cyber infrastructure while at the same time adhering to the rule of law and safeguarding privacy rights and civil liberties," said Assistant to the President for Counterterrorism and Homeland Security John Brennan. Melissa Hathaway, who has served as Cyber coordination Executive to the Director of National Intelligence, will lead the review and will serve as Acting Senior Director for Cyberspace for the National Security and Homeland Security Councils during the review period."

War About Terror - Civil Liberties and National Security After 9/11: A Council on Foreign Relations Working Paper, by Daniel B. Prieto, Adjunct Senior Fellow for Counterterrorism and National Security, February 2009

EEOC: "On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (“Act”), which supersedes the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007). Ledbetter had required a compensation discrimination charge to be filed within 180 days of a discriminatory pay-setting decision (or 300 days in jurisdictions that have a local or state law prohibiting the same form of compensation discrimination). The Act restores the pre-Ledbetter position of the EEOC that each paycheck that delivers discriminatory compensation is a wrong actionable under the federal EEO statutes, regardless of when the discrimination began. As noted in the Act, it recognizes the “reality of wage discrimination” and restores “bedrock principles of American law.”

• January 22, 2009 - Proposed Funding for Education in the American Recovery and Reinvestment Act of 2009
• January 16, 2009 - Health Insurance Continuation Coverage Under COBRA
• January 16, 2009 - Economic Stimulus: Issues and Policies
• January 15, 2009 - Closing the Guantanamo Detention Center - Legal Issues: "This report provides an overview of major legal issues likely to arise in the event of executive and/or legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees (either to a foreign country or into the United States), the continued detention of such persons in the United States, and the possible removal of persons brought to the United States."
• January 15, 2009 - Congress as a Consumer of Intelligence Information: "Among the issues the 111th Congress may choose to examine are ongoing efforts by the Director of National Intelligence to strike a balance between protecting intelligence sources while providing intelligence analysts and consumers—including those in Congress—more information about the reliability of those sources."

• Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of Detention Facilities: "By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice.."
• Review of Detention Policy Options: "By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations that are consistent with the national security and foreign policy interests of the United States and the interests of justice..."
• Ensuring Lawful Interrogations: "By the authority vested in me by the Constitution and the laws of the United States of America, in order to improve the effectiveness of human intelligence gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed..."

The State of the World's Children 2009: Maternal and Newborn Health

News release: "In the first 21 months of operation, the Human Trafficking Reporting System (HTRS) recorded information on more than 1,200 alleged incidents of human trafficking, the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) announced. The HTRS contains data collected by 38 federally funded human trafficking task forces on alleged incidents of human trafficking that occurred between January 1, 2007, and September 30, 2008."

Nextgov: "The FBI released on [January 13, 2009] a detailed study of the advancement of different kinds of biometrics -- from fingerprints to ear scans -- to lay out how the bureau might pursue the identification of individuals in the future."

• State of the Art Biometrics Excellence Roadmap - Technology Assessment: Volume 1 (of 3) Fingerprint, Palm print, Vascular, Standards, October 2008; v1.2.
  
• Technology Assessment for the State of the Art Biometrics Excellence Roadmap - Volume 2 (of 3) Face, Iris, Ear, Voice, and Handwriter Recognition, October 2008; v1.2
  
• State of the Art Biometrics Excellence Roadmap, Certified Products List (CPL) Expansion: The Way Ahead, October 2008, v. 1.2, October 2008

"On January 12, Freedom House released the findings from the latest edition of Freedom in the World, the annual survey of global political rights and civil liberties. According to the survey’s findings, 2008 marked the third consecutive year in which global freedom suffered a decline. This setback was most pronounced in Sub-Saharan Africa and the non-Baltic former Soviet Union, although it affected most other regions of the world. Furthermore, the decline in freedom coincided with the onset of a forceful reaction against democracy by a number of powerful authoritarian regimes, including Russia and China.

"Each year, more than 1 million women and nearly 400,000 men in the United States are victims of stalking. Stalking Awareness Month (January 2009) provides an opportunity to learn about this serious and often violent crime. For more information, visit the Office for Violence Against Women Web site."

Universal Declaration of Human Rights Website - "This site provides access to United Nations documentation related to the drafting of the Universal Declaration of Human Rights. From 1946-1948 delegates to the United Nations discussed and drafted an international declaration on the subject of human rights that has become a standard of principles for human rights. The Universal Declaration of Human Rights was adopted by General Assembly resolution 217A at its 3rd session in Paris on 10 December 1948. This website presents documents in chronological order, arranged according to the various bodies that met to discuss, draft and re-draft the Declaration. There are also brief biographic notes for the members of the Drafting Committee formed by the UN Commission on Human Rights." [via UN Pulse]

"For the past two decades the United States has been transforming distressed public housing communities, with three ambitious goals: replace distressed developments with healthy mixed-income communities; help residents relocate to affordable housing, often in the private market; and empower former public housing families toward economic self-sufficiency. The transformation has focused on deconcentrating poverty, but not on the underlying role of racial segregation in creating these distressed communities. In Public Housing and the Legacy of Segregation, scholars and public housing officials assess whether—and how—public housing policies can simultaneously address the problems of poverty and racial discrimination."

"The Cingranelli-Richards (CIRI) Human Rights Dataset contains standards-based quantitative information on government respect for 15 internationally recognized human rights for 195 countries, annually from 1981-2007. It is designed for use by scholars and students who seek to test theories about the causes and consequences of human rights violations, as well as policy makers and analysts who seek to estimate the human rights effects of a wide variety of institutional changes and public policies including democratization, economic aid, military aid, structural adjustment, and humanitarian intervention."

"The Genocide Prevention Task Force was launched on November 13, 2007 and released its report to the public on December 8, 2008. It was jointly convened by the U.S. Holocaust Memorial Museum, The American Academy of Diplomacy, and the U.S. Institute of Peace. It was funded by private foundations. Its goals were: (1) To spotlight genocide prevention as a national priority; and; (2) To develop practical policy recommendations to enhance the capacity of the U.S. government to respond to emerging threats of genocide and mass atrocities."

News release: "More than 7.3 million men and women were under correctional supervision in the nation’s prisons or jails or on probation or parole at yearend 2007, the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) announced today. About 3.2 percent of the U.S. adult population, or one in every 31 adults, was incarcerated or under community supervision at the end of 2007. This percentage has remained stable since reaching more than 3 percent in 1999."

"An estimated 27 million people are victims of human trafficking in the world today, and between 14,500 and 17,000 are trafficked into the United States each year. In order to help lawyers understand the complex issues human trafficking victims face, the American Bar Association has released three new resources for lawyers who have previously represented victims of domestic violence, children and other victims of crime.

• Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys & Advocates provides information about identifying trafficking victims and discusses potential cultural issues that may arise; it also addresses protection orders available in the U.S.; outlines visa options for global trafficking victims; and provides additional resources for lawyers.
• Specific considerations relating to youth and children, including running away, peer pressure and reliance on adults are explored in Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children's Attorneys & Advocates. In addition to outlining legal remedies, the guide also provides information about community-based responses to child trafficking.
• Finally, Human Trafficking Cases: How and Why to Use an Expert Witness, offers considerations in screening expert witnesses, tips on working with witnesses and case examples in which expert witnesses played a role.
Permanent Link

"The Center for Democracy and Technology (CDT) today released a series of papers [Transition Materials for President Obama] that outline Internet policy proposals for President-elect Obama's Transition Team in the areas of security and civil liberties; preserving free speech on the Internet; keeping the Internet an open platform; protection of consumer privacy; and promoting open government. The 2-3 page memos provide a concise overview of the issues and recommend practical, achievable actions the new administration can take to keep the Internet open, innovative and free. The Internet played an integral part in this election, making it the most participatory in history. CDT believes the Internet can play an equally critical role in other areas, including health care, economic development and education, given the right government policies."

White House Fact Sheet: Transforming Our Armed Forces To Face The Threats Of Today And Tomorrow - Following the attacks of 9/11, President Bush strengthened and reshaped our approach to national security. To harden our defense, President Bush: Created the Department of Homeland Security; Provided national security professionals with vital new tools like the Patriot Act and a program to monitor terrorist communications; Reorganized the intelligence community to better meet the needs of the war on terror; Deployed aggressive financial measures to freeze terrorist assets; and Launched diplomatic initiatives to pressure adversaries and attract new partners to our cause."

"State Responses to Immigration: A Database of All State Legislation is a free, searchable data tool designed to generate information about all immigration-related bills and resolutions introduced in state legislatures. Classified by state, region, subject area, legislative type, and bill status, this is the only database that allows users to find out, for example, the status of enforcement initiatives introduced in their state, compare the number of bills regulating employment, or evaluate the passage rate of health-related bills across the nation.

State Responses to Immigration is a joint project of the Migration Policy Institute (MPI) and a research team at the New York University School of Law (NYU). We encourage you to read about the methodology we employed to gather and classify immigration-related legislation before using the tool.

We have posted the 2007 legislation and will add data for 2008, in addition to 2001-2006 data, in the coming months. Note: The database assigns a bill's status based on its status as of December 31 of the given year."

Google's gatekeepers, by Jeffrey Rosen, IHT: "For the past two years, Google, Yahoo and Microsoft, along with other international Internet companies, have been meeting regularly with human rights and civil-liberties advocacy groups to agree on voluntary standards for resisting worldwide censorship requests. At the end of October, the Internet companies and the advocacy groups announced the Global Network Initiative, a series of principles for protecting global free expression and privacy.

Voluntary self-regulation means that, for the foreseeable future, Wong [Nicole Wong, the deputy general counsel of Google] and her colleagues will continue to exercise extraordinary power over global speech online. Which raises a perennial but increasingly urgent question: Can we trust a corporation to be good - even a corporation whose informal motto is "Don't be evil"?"

Stuck in a Revolving Door, Iraqis and Other Asylum Seekers and Migrants at the Greece/Turkey - Entrance to the European Union, November 2008.

News release: "The Council of Europe’s Committee of Ministers has just adopted the organisation’s budgets for the year 2009. The ordinary budget amounts to € 205 million, based on a zero real growth of member States’ contributions. As the Council of Europe enters its seventh decade in 2009, the Ordinary budget is characterised by three watchwords: focus, consolidation and efficiency, to finance increases in expenditure by the European Court of Human Rights and the Commissioner for Human Rights and adequate funding for priorities in the Programme of Activities."

TRAC news release: "The latest available data from the Justice Department show that in August 2008 the government reported 13,566 new prosecutions. While down slightly (2.3%) from the previous month, this number is still 43% higher than a year ago. The overall growth in federal prosecutions is largely driven by continuing increases in immigration matters, which accounted for 54% of all new cases filed in August in U.S. Federal Court."

News release: "The Food Research and Action Center (FRAC) announced today that the hunger and food insecurity rates in the United States increased in 2007, according to official data. More than 36.2 million people lived in households struggling against hunger in 2007, compared to 35.5 million in 2006 and 33.2 million in 2000. The number of people in the worst-off category – the hungriest Americans – has risen by nearly one third since 2000, from 8.5 million to 11.9 million."

• Prevalence of Household-Level Food Insecurity and Very Low Food Security by State 2005-2007 (Average)
  
• Prevalence of Household-Level Food Insecurity and Very Low Food Security by State 2005-2007 (Average) and 2002-2004 (Average)

News release: "Detainees released from U.S. detention in Guantánamo Bay, Cuba and Afghanistan live shattered lives as a result of U.S. policies in the “war on terror,” according to a new report by human rights experts at the University of California, Berkeley done in partnership with the Center for Constitutional Rights (CCR). The report, Guantánamo and Its Aftermath: U.S. Detention and Interrogation Practices and Their Impact on Detainees, based on a two-year study, reveals in graphic detail the cumulative effect of Bush Administration policies on the lives of 62 released detainees. Many of the prisoners were sold into captivity and subjected to brutal treatment in U.S. prison camps. Once in Guantánamo, prisoners were denied access to civilian courts to challenge the legality of their detention. Almost two-thirds of the former detainees interviewed reported having psychological problems since leaving Guantánamo."

"Today a diverse coalition of leading Internet companies, major human rights and free press organizations, investors and academics launched the Global Network Initiative to protect and advance freedom of expression and privacy in information and communications technologies. CDT and Business for Social Responsibility co-facilitated an 18-month effort by these groups to craft the key documents underlying this effort. The documents provide guidance for companies, NGOs, investors, academics and others working together to resist efforts by governments that seek to enlist companies in acts of censorship and surveillance that violate international standards. The documents also provide specific implementation commitments and outline a framework for accountability and learning."

News release: "Today, the Federal Bureau of Investigation released statistics which indicated that 7,624 criminal incidents involving 9,006 offenses were reported in 2007 as a result of bias toward a particular race, religion, sexual orientation, ethnicity/national origin, or physical or mental disability. Hate Crime Statistics, 2007, published by the FBI’s Uniform Crime Reporting Program, includes data from hate crime reports submitted by law enforcement agencies throughout the nation."

ACLU: Using data provided by the U.S. Census Bureau, the ACLU has determined that nearly 2/3 of the entire US population (197.4 million people) live within 100 miles of the US land and coastal borders. The government is assuming extraordinary powers to stop and search individuals within this zone. This is not just about the border: This Constitution-Free Zone includes most of the nation's largest metropolitan areas."

DHS Issues Supplemental Final Rule with Guidance For Employers Who Receive Social Security 'No-Match' Letters: "Secretary Chertoff announced the issuance of the No-Match Supplemental Final Rule, which provides guidance to help businesses comply with legal requirements intended to reduce illegal employment of unauthorized workers, in his quarterly State of the Border address. The Secretary also outlined comprehensive efforts to secure the border, enforce national immigration laws, improve temporary worker programs, and legal migration."

Office of Science and Technology Policy (OSTP) in the Executive Office of the President, Biometrics in Government POST - 9/11, released September 2008: This report summarizes the research, applications and operation of the U.S. government's biometric systems since 2001.

News release: "The U.S. Department of Homeland Security (DHS) today announced the issuance of the Secure Flight Final Rule, which shifts pre-departure watch list matching responsibilities from individual aircraft operators to the Transportation Security Administration (TSA) and carries out a key recommendation of the 9/11 Commission. By bringing watch list matching responsibilities in-house, TSA can better remedy possible misidentifications when a traveler's name is similar to one found on a watch list."

News release: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) issued a subpoena Tuesday compelling Attorney General Michael Mukasey to provide testimony and related documents to the Senate Judiciary Committee about legal analysis and advice from the Department of Justice Office of Legal Counsel (OLC) related to the Bush administration’s terrorism policies, including detention and interrogation policies and practices."

Follow up to September 17, 2008 posting, Congress Passes ADA Amendments Act, this America.gov article, Protections for America’s Disabled Workers Expanded Under New Law: "A new law restores workplace protections for the disabled that had eroded as a result of several Supreme Court decisions issued since the Americans with Disabilities Act (ADA) was passed in 1990. The ADA Amendments Act of 2008, passed by Congress and signed by President Bush on September 25, clarifies and broadens the definition of disability and expands the population eligible for protection under the ADA. The ADA prohibits discrimination against people with physical and mental disabilities in such areas as employment, public accommodations and transportation. It mandates that employers make "reasonable accommodations" for disabled individuals unless those accommodations impose an "undue hardship" on the employer."

News release: "All U.S. agencies with counterterrorism programs that collect or "mine" personal data -- such as phone, medical, and travel records or Web sites visited -- should be required to systematically evaluate the programs' effectiveness, lawfulness, and impacts on privacy, says a new report from the National Research Council. Both classified and unclassified programs should be evaluated before they are set in motion and regularly thereafter for as long as they are in use, says the report. It offers a framework agencies can use to assess programs, including existing ones. The report also says that Congress should re-examine existing law to assess how privacy can be protected in such programs, and should consider restricting how personal data are used. And it recommends that any individuals harmed by violations of privacy be given a meaningful form of redress."

"Joint Statement of Attorney General Michael B. Mukasey and FBI Director Robert S. Mueller on the Issuance of the Attorney General Guidelines for Domestic FBI Operations: "Since the 9/11 attacks, the FBI and the Department of Justice more broadly have set priorities for and reorganized their activities to prevent future terrorist acts against the American people. In furtherance of those efforts, the Department has taken steps to provide the FBI with the authority and the flexibility it needs to protect the Nation from terrorist threats, including revising the Attorney General guidelines that govern the domestic operations of the FBI. To provide enhanced support and guidance for the FBI in its core missions, the Attorney General is issuing a new, consolidated set of guidelines for domestic FBI operations. These guidelines provide more uniform, clearer, and simpler rules for the FBI's operations. The guidelines are designed to allow the FBI to become, among other things, a more flexible and adept collector of intelligence, as recommended by major national advisory bodies and studies, including the 9/11 Commission, the Weapons of Mass Destruction Commission, and the Congressional Joint Inquiry into Intelligence Community Activities. Among other improvements, the guidelines move us forward in protecting national security through enhanced intelligence collection and analysis."

• Attorney General Consolidated Guidelines for FBI Operations (October 3, 2008)
  
• The Attorney General's Guidelines for Domestic FBI Operations, September 29, 2008
  
• Fact Sheet

Follow up to September 14, 2008 posting, Felony Disenfranchisement Laws in the United States, this news today from the ACLU: "A report released today by the American Civil Liberties Union and the Brennan Center for Justice at New York University School of Law reveals widespread misunderstanding among state elections officials of laws governing the right to vote of citizens with felony convictions. A second ACLU report, also released today, finds that voter registration forms in states across the country fail to clearly explain the eligibility of voters with criminal records. Both reports highlight widespread problems that endanger the voting rights of hundreds of thousands of eligible voters nationally in a presidential election year."

• De Facto Disenfranchisement
  
• Voting With a Criminal Record: How Registration Forms Frustrate Democracy

Federal Justice Statistics, 2005, 9/30/08: "Immigration and drug arrests comprised more than half of the 140,200 federal suspects arrested and booked by the U.S. Marshals in 2005, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. Material witness (20 percent), immigration (15 percent) and weapons (11 percent) arrests increased at the fastest annual rate from 1995 to 2005. In 2005, immigration (27 percent) was the most prevalent arrest offense followed by drug (24 percent) and supervision violations (17 percent). Forty percent of all suspects arrested by the U.S. Marshals Service were arrested in 1 of 5 federal judicial districts along the U.S.-Mexico border, including Arizona, New Mexico, the Southern and Western Districts of Texas, and the Southern District of California. Nearly 1 in 4 (23 percent) of all suspects arrested in 2005 were arrested in the Southern and Western Districts of Texas."

Follow up to previous postings on the government's domestic surveillance program, today news that "The Electronic Frontier Foundation (EFF) filed a lawsuit [full complaint in Jewel v. NSA] against the National Security Agency (NSA) and other government agencies today on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records. The five individual plaintiffs are also suing President George W. Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales and other individuals who ordered or participated in the warrantless domestic surveillance."

House Committee on the Judiciary - Oversight Hearing on: The Federal Bureau of Investigation, September 16, 2008

Commentary: New FBI Anti-Terror Guidelines - Beth Wellington's commentary focuses on congressional and public response to the guidelines, related public surveillance actions, and on ramifications to civil liberties now and in future.

Criminal Law Resources: DNA Post-Conviction Resources - Ken Strutin's article includes a collection of recent and representative web-based materials concerning DNA technology developments and legal research on the impact of wrongful convictions and DNA exonerations on the justice system.

Brennan Center for Justice: "Tailored for college students, the Legal Guide to Student Voting is an easy-to-use clickable map designed to arm students with the correct information necessary to cut through confusing and misleading registration and voting laws. The Guide also dispells common myths about the registration process that can discourage student voters—particularly those living away from home—from participating, as recently chronicled in the NY Times."

The Sentencing Project, Felony Disenfranchisement Laws in the United States: "Since the founding of the country, most states in the U.S. have enacted laws disenfranchising convicted felons and ex-felons. In the last 30 years, due to the dramatic expansion of the criminal justice system, these laws have significantly affected the political voice of many American communities. The momentum toward reform of these policies has been based on a reconsideration of their wisdom in meeting legitimate correctional objectives and the interests of full democratic participation."

September 12, 2008 - Disenfranchisement News - New York: Voting Rights Education Hits the Road - Nevada: Automatically Eligible, but You Have to Know the Rules - North Carolina: Campaigning off the Beaten Path- Tennessee: NAACP Offers Restoration

New York Times: States Restore Voting Rights for Ex-Convicts: "Felony disenfranchisement — often a holdover from exclusionary Jim Crow-era laws like poll taxes and ballot box literacy tests — affects about 5.3 million former and current felons in the United States, according to voting rights groups. But voter registration and advocacy groups say that recent overhauls of these Reconstruction-era laws have loosened enough in some states to make it worth the time to lobby statehouses for more liberal voting restoration processes, and to try to track down former felons in indigent neighborhoods."

"The American Civil Liberties Union and ACLU of Mississippi filed a lawsuit in federal court challenging the state's denial of voting rights to citizens with felony convictions. Although the Mississippi Constitution permits people who have been convicted of a crime to vote for president and vice president, election administrators are denying that right in practice. In today's filings, the ACLU asked the court to allow these citizens to register to vote in time to cast ballots for president and vice president this November."

• New York Times: "The Justice Department made public on Friday a plan to expand the tools the Federal Bureau of Investigation can use to investigate suspicions of terrorism inside the United States, even without any direct evidence of wrongdoing. Justice Department officials said the plan, which is likely to be completed by the end of the month despite criticism from civil rights advocates, is intended to allow F.B.I. agents to be more aggressive and pre-emptive in assessing possible threats to national security."
• Transcript of Background Briefing with Department of Justice Officials on Consolidated Attorney General Guidelines
• ACLU: "Following a briefing today at the Department of Justice (DOJ), the American Civil Liberties Union reiterated its deep concern over new guidelines that would govern FBI investigations. The new guidelines would lower standards for beginning "assessments" (precursors to investigations), conducting surveillance and gathering evidence, and would replace existing guidelines for five types of existing guidelines: general criminal, national security, foreign intelligence, civil disorders and demonstrations.
  
  The rewritten guidelines have been drafted in a way to give the FBI the ability to begin surveillance without factual evidence, stating that a generalized "threat" is enough to use certain techniques. Also under the new guidelines, a person's race or ethnic background could be used as a factor in opening an investigation, a move the ACLU believes will institute racial profiling as a matter of policy. The guidelines would also give the FBI the ability to use intrusive investigative techniques in advance of public demonstrations. These techniques would allow agents to conduct pre-textual (undercover) interviews, use informants and conduct physical surveillance in connection with First Amendment protected activities.
  
  

DOJ Fact Sheet: Justice Department Counter-Terrorism Efforts Since 9/11, September 11, 2008

News release: "The Justice Department today announced that on Sept. 9, 2008, it will monitor the primary elections in New York (Manhattan), Kings (Brooklyn), and Queens Counties, N.Y., to ensure compliance with federal voting rights statutes, and specifically the minority language provisions of the Voting Rights Act."

News release: "Attorney General Michael B. Mukasey, Acting Assistant Attorney General for the Civil Rights Division Grace Chung Becker, and other senior officials of the Department of Justice (DOJ) met today with leaders of dozens of civil rights groups, as well as national organizations representing state and local officials, secretaries of state and attorneys general offices from across the country, to review plans to protect voting rights in the upcoming federal election."

ACLU news release: "A federal judge [U.S. District Court, Southern District of New York] has ordered the Justice Department's Office of Legal Counsel (OLC) to turn over three memos that authorized the extremely harsh treatment of prisoners in CIA custody or explain by October 3 why these memos can lawfully be withheld. The American Civil Liberties Union called for the immediate release of the May 2005 OLC memos as part of its Freedom of Information Act (FOIA) lawsuit requesting information on the treatment and interrogation of detainees in U.S. custody overseas...In another development in the same case, the ACLU obtained Department of Defense (DOD) documents about the treatment of detainees in Iraq. The documents, from the military's Criminal Investigation Division, are from two investigations."

Bureau of Justice Statistics: Civil Rights Complaints in U.S. District Courts, 1990 - 2006

CDT: "In comments filed with the Department of Homeland Security today, CDT highlighted privacy concerns implicated by DHS' new system of databases to record personal information and border crossing history. CDT called on DHS to reduce the 15-year period for retaining records of the date, time and place an American re-enters the United States at the land borders, and to limit the vast array of "routine uses" for which that data can be shared with other government agencies, foreign governments, and the public. In related comments, CDT urged DHS to work with states and other issuers of new "enhanced drivers licenses" to provide the department with access only to personal information about drivers crossing the border rather than information about all those holding EDLs, and to ensure that states do not create their own records of drivers' border crossing activities."

• CDT Comments on Border Crossing Information System of Records [PDF] August 25, 2008
  
• CDT Comments on Non-Federal Entity Data System of Records [PDF] August 25, 2008

Surveillance made easy, NewScientist.com news service, Laura Margottini: "This data allows investigators to identify suspects, examine their contacts, establish relationships between conspirators and place them in a specific location at a certain time."

So said the UK Home Office last week as it announced plans to give law-enforcement agencies, local councils and other public bodies access to the details of people's text messages, emails and internet activity. The move followed its announcement in May that it was considering creating a massive central database to store all this data, as a tool to help the security services tackle crime and terrorism."

Related links:
• UK House of Commons, Communications Data Bill: "The purpose of the Bill is to: allow communications data capabilities for the prevention and detection of crime and protection of national security to keep up with changing technology through providing for the collection and retention of such data, including data not required for the business purposes of communications service providers; and to ensure strict safeguards continue to strike the proper balance between privacy and protecting the public.
• Siemens - Lawful Interception (Monitoring Center, Intelligence Platform) - "Authorized groups need to have direct access to communications between suspects, whether it is individuals, groups or organizations. Only then can they take appropriate action, detect, prevent and anticipate crimes and guarantee peace and security."

"President Bush...announced his intention to nominate CDT Vice President for Public Policy James X. Dempsey to serve a five year term on the Privacy and Civil Liberties Oversight Board, an independent agency within the executive branch that will review the civil liberties impact of anti-terrorism policies and programs, providing advice on policy development and implementation and oversight of government actions relating to terrorism. In legislation adopted last year, Congress reconstituted the Board and made it independent of the White House. The position, which is subject to Senate confirmation, is part-time, so Dempsey, if confirmed, will continue in his position with CDT."

Met's Crime Mapping Test Website: "The purpose of this site is to help show where crime is occurring at a local neighbourhood level. It has been developed by the MPS in conjunction with the Metropolitan Police Authority and the Mayor of London. This is a live test site (known technically within the industry as a 'beta'). It is intended to test the functionality of crime mapping, with a view to adding further features in the near future, based on your feedback. Please note, that whilst every effort is made to record the details of crime and its location as accurately as possible, there are occasions when victims are unable to provide the actual location of a crime. In these instances, the site will not be able to display all the crime reported to the police."

News release: "The Campaign Legal Center today launched the Voters' Rights Protection Project, to provide generic drafts of potential court filings to individuals, organizations, and political parties who must resort to the courts to protect the fundamental rights of citizens to vote. In a letter today to both major parties and copies to the respective presidential campaigns (full text below), the Legal Center announced the project and said it would make the legal templates publicly available. Information announcing the project is also being sent to national, state, and local party committees, as well as third party organizations and numerous community and grassroots organizations from coast to coast."

Human Rights Watch - Courting History - The Landmark International Criminal Court’s First Years, July 2008: "This 244-page report examines the ICC’s accomplishments and shortcomings since it began operations in 2003. The court was created to bring justice to the victims of gross human rights violations; so far the court has issued arrest warrants against suspects in four countries, though none have yet been tried."

"In a July 31 amicus brief filed in a federal court in Pennsylvania, the Electronic Frontier Foundation, joined by CDT, ACLU and the ACLU of Pennsylvania, argued that cell phone location information is protected by the Fourth Amendment. The brief argues that a court should require the government to obtain a warrant based on probable cause in order to gain access to cell site location information stored by a cell phone company."

DOJ: Special Report to Congress on Implementation of Section 1001 of the USA PATRIOT Act, August 2008: "Section 1001 of the USA PATRIOT Act (Patriot Act), Public Law 107-56, directs the Office of the Inspector General (OIG) of the U.S. Department of Justice (DOJ or Department) to undertake a series of actions related to claims of civil rights or civil liberties violations allegedly committed by DOJ employees. It also requires the OIG to provide semiannual reports to Congress on the implementation of the OIG’s responsibilities under Section 1001. This report – the thirteenth since enactment of the legislation in October 2001 – summarizes the OIG’s Section 1001-related activities from January 1, 2008, through June 30, 2008."

News release: "U.S. Senator Dick Durbin (D-IL) announced that a number of the largest American internet companies [Microsoft, Google, Yahoo], human rights organizations and other stakeholders have reached agreement on a voluntary code of conduct that would govern internet companies operating in countries where internet freedom is restricted, like China."

• Executive Order: Further Amendments to Executive Order 12333, United States Intelligence Activities -

  "1.1 Goals. The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal.

• Background Briefing by Senior Administration Officials on the Revision of Executive Order 12333

  "I would say at the outset that this is an exceptionally complex executive order...It's a foundational document for the intelligence community...It has a daily and significant impact on the activities of the intelligence community and the relationships in that important community. At the highest level, of course, the aim here is to create a more effective intelligence community, where these 16 agencies can be better integrated, work more collaboratively with one another, and also share more information freely."

• Executive Order 12333: United States Intelligence Activities (as amended)
• Statement by the Press Secretary
• Fact Sheet: A Lasting Framework for United States Intelligence Activities
• Statement by the Director of National Intelligence, Mr. Mike McConnell, on Executive Order 12333

News release: "The Global Internet Freedom Consortium (GIFC) announced today that their anti-censorship software tools are ready to help journalists and tourists during the Olympics, to circumvent China's Internet blockade. The software, which is available free of charge, can be downloaded onto a hard drive or USB drive to safely and effectively overcome the Internet censorship in China.

In the run-up to Olympics, Beijing tightened control over media and Internet. Overseas web sites that have keywords on Beijing's blacklist are blocked and cannot be visited from China without any "anti-censorship" tools. The decision to block access to these websites is in contravention to Beijing's earlier promises to grant unrestricted Internet access to foreign reporters during the Games, and will seriously impede reporters' ability to do their work in Beijing. Although web restrictions were relaxed to some degree on Friday, it is unclear how long these conditions will last.

In order to overcome these Internet restrictions and gain free access to the Internet in China, the GIFC recommends that journalists and tourists download the free software packages by its partners. All Internet traffic through the tools is encrypted and can successfully bypass the Internet blockades in repressive nations around the world."

Management of the Office of Justice Programs’ Grant Programs for Trafficking Victims, Audit Report 08-26, July 2008 (144 pages, PDF)

Commentary: Immunity for Telecom Eavesdropping - Beth Wellington's commentary tracks the legislative path of retroactive immunity for telecom eavesdropping. Published July 30, 2008.

• DOD Financial Management: Adjudication of Butterbaugh Claims for the Restoration of Annual Leave or Pay, GAO-08-948R, July 28, 2008
• Financial Management: DOD's Ability to Prevent, Identify, Investigate, and Report on Antideficiency Act Violations, GAO-08-941R, July 28, 2008
• Human Rights: U.S. Government's Efforts to Address Alleged Abuse of Household Workers by Foreign Diplomats with Immunity Could Be Strengthened, GAO-08-892, July 29, 2008
• Information Security: Federal Agency Efforts to Encrypt Sensitive Information Are Under Way, but Work Remains, GAO-08-525, June 27, 2008
• Medicare Part D: Complaint Rates Are Declining, but Operational and Oversight Challenges Remain, GAO-08-719, June 27, 2008
• Surface Transportation Programs: Proposals Highlight Key Issues and Challenges in Restructuring the Programs, GAO-08-843R, July 29, 2008
• Tax Compliance: Businesses Owe Billions in Federal Payroll Taxes, GAO-08-617, July 25, 2008
• Tax Compliance: Businesses Owe Billions in Federal Payroll Taxes, GAO-08-1034T, July 29, 2008
• Bankruptcy Reform: Dollar Costs Associated with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, GAO-08-697, June 27, 2008

Blume, John H., Johnson, Sheri Lynn and Sundby, Scott E.,Competent Capital Representation: The Necessity of Knowing and Heeding What Jurors Tell Us About Mitigation. Hofstra Law Review, Vol. 36, No. 3, 2008

"This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases. The complete text of the issue, which also contains the Guidelines themselves, is available online at www.law.hofstra.edu/DeathPenalty

Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience.

Heeding that simple proposition we present lessons from the work of the Capital Jury Project, an ongoing empirical research effort built upon extended interviews with people who have actually sat on capital juries. We find that the standards for mitigation investigations contained in the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and in the Supplementary Guidelines that are the subject of this issue are on firm empirical ground, both in their specific aspects and in their overall approach of encouraging counsel to be creative in building a coherent mitigation theory that is advanced consistently throughout the proceedings.

We then describe particular defense themes and approaches that Project data show are likely to resonate favorably with jurors as well as the most potent prosecution arguments for death and how they might be most effectively rebutted. We conclude by describing the current research findings on the demographic and attitudinal characteristics of those jurors most likely to vote for life, and offering pointers on how to best ameliorate the scandalous but well-documented reality that many jurors simply do not understand the task they are being called upon to perform."

• Refugees and Asylees: 2007 (PDF, 6 pages): "This report presents information on the number and characteristics of persons admitted as refugees or granted asylum to the United States in fiscal year 2007.
• Data on Refugees and Asylees: "Access data on persons admitted as refugees or granted asylum in fiscal year 2007 by several characteristics."

"The 3rd U.S. Circuit Court of Appeals today upheld a lower court ruling striking down the controversial Child Online Protection Act (COPA) that required Web operators to restrict access to large amounts of constitutionally protected speech. COPA placed severe restrictions on a wide range of legal, socially valuable speech, including content relating to sexual identity, health and art. CDT, which has filed friend-of-the-court briefs opposing COPA and supporting parental empowerment technology, applauds the ruling. July 22, 2008.

• CDT Statement on Ruling July 22, 2008
  
• 3rd U.S. Circuit Court of Appeals Decision in COPA [PDF] July 22, 2008
  
• CDT Policy Post on COPA March 23, 2007
  
• Related postings on COPA and articles from LLRX.com

• Criminal Justice Resources: Sex Offender Residency Restrictions - Ken Strutin's guide collects recent court decisions, research papers and reports that have addressed the efficacy of exclusionary zoning laws and the impact of these restrictions on sex offenders reentering their communities. Published July 20, 2008
• E-Discovery Update: Lessons From An E-Discovery Disaster - Conrad J. Jacoby examines the recent case of Southern New England Telephone Company (“SNET”) v. Global NAPS, Inc. as an example of how stonewalling and committing perjury, especially with respect to electronic discovery matters that can be independently validated, remains a poor litigation strategy. Published July 20, 2008

On June 20, 2008 the House passed H.R. 6304, the FISA Amendments Act of 2008. Today the Senate passed the bill. Related commentary and articles as follows:

• ACLU: Senate Passes Unconstitutional Spying Bill And Grants Sweeping Immunity To Phone Companies
  
• New York Times: Senate Approves Bill to Broaden Wiretap Powers
  
• WSJ Law Blog: "As the WSJ reports, the bill renews the legal backing for the federal government’s warrantless surveillance program, allowing the National Security Agency to listen in to Americans’ phone calls to people abroad and read emails sent to people overseas. It would also provide effective legal immunity for the telephone companies who agreed to government requests to access their customers’ phones and emails."
  
• Closing Statement Of Sen. Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On Senate Consideration Of The FISA Amendments: "The bill, if adopted without amendment, seems intended to result in the dismissal of ongoing cases against the telecommunications carriers that participated in the warrantless wiretapping program, without allowing a court ever to review whether the program itself was legal. "

DHS OIG: ICE Policies Related to Detainee Deaths and the Oversight of Immigration Detention Facilities, June 2008: "Immigration and Customs Enforcement houses a daily average of 28,700 detainees in 353 facilities nationwide. Various types of detention facilities, such as service processing centers, contract detention facilities, and state and local jails, are used to house these individuals. Immigration and Customs Enforcement detention standards are used to inform facilities on expectations regarding medical care, detainee access to legal materials, and other areas related to facility management. Between January 1, 2005, and May 31, 2007, 33 immigration detainees died."

2008 Data Mining Letter Report (PDF, 46 pages): "This is the third report by the Privacy Office to Congress on data mining. This letter report identifies the data mining activities deployed or under development within DHS, as defined by the Data Mining Reporting Act, and describes the framework the Department will use to report on such activities in the future pursuant to Section 804 of the Implementing Recommendations of the 9/11 Commission Act of 2007, entitled, The Federal Agency Data Mining Reporting Act of 2007 (Data Mining Reporting Act)."