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Privacy Advocates Seek More Openness on NSA Surveillance

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This June 6, 2013 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md. President Barack Obama is hosting a series of meetings this week with lawmakers, privacy advocates and intelligence officials as he nears a final decision on changes to the government's controversial surveillance programs.  (AP Photo/Patrick Semansky, File)

This June 6, 2013 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md. (AP Photo/Patrick Semansky, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — As Congress considers whether to extend the life of a program that sweeps up American phone records, privacy advocates and civil liberties groups say too much about government surveillance remains secret for the public to fully evaluate the program’s reach or effectiveness.

The disclosure two years ago of the National Security Agency’s surveillance efforts prodded the federal government to declassify reams of once-secret documents, including opinions from a secretive intelligence court laying out the program’s origins and legal underpinnings. But critics say key language from the disclosed documents remains censored, the release of information has been selective, and the ongoing trickle of once-secret memos has raised concerns about how many other potentially illuminating documents might yet remain outside the public’s reach.

“That means the public lacks information it needs to understand the significance of the powers that government already has and the significance of the powers that the government is asking for,” said Jameel Jaffer, deputy legal director of the American Civil Liberties Union.

The NSA program that collects and stores phone records is conducted under Section 215 of the USA Patriot Act. The extent of its reach remained secret until Edward Snowden, a former NSA systems administrator, disclosed details of the surveillance in 2013. Amid a public backlash, President Barack Obama has proposed that the NSA stop collecting the records in bulk and instead request them from phone companies as needed for terrorism investigations. Congress is now deciding whether to renew or modify the phone records collection when the law authorizing it expires in June. Legislation is expected to be unveiled Wednesday in the House.

Intelligence officials say the program — it collects the “to” and “from” information on phone calls but not their content — is critical to detecting terrorist plots and have sought to justify it through the ongoing declassification of materials, including from the Foreign Intelligence Surveillance Court. Among documents released are court opinions outlining how the NSA was first authorized to start collecting bulk phone and Internet records in the hunt for al-Qaida terrorists, previously classified testimony from intelligence officials and NSA analyst training materials.

The disclosures far surpass available public information on other secret programs such as targeted drone strikes against terror suspects. But there are gaps in the information that privacy advocates say prevent the public from being able to fully judge the program’s effectiveness, including the extent to which Section 215 has been construed to allow for other types of bulk collection. Knowing how the government interprets its surveillance authorities, and how broadly they reach, is critical, advocates say.

“If the government is asking for the renewal of this authority, the public has a right to know at least in general terms how the authority is being used, and right now the public doesn’t have that,” Jaffer said.

Last month, a federal judge in New York held in a public records lawsuit that the government could lawfully withhold any secret ruling regarding the use of Section 215 to collect records other than bulk phone records. The judge, William Pauley, said the government had “offered a reasoned and persuasive argument for withholding” information that should not be second-guessed. In that same case, the Justice Department last year released a couple dozen surveillance court rulings but refused to turn over unspecified others, the exact number of which it said was classified.

The government continues to pull back the curtain with periodic new disclosures, such as the Justice Department’s release in January of a 5-year-old memo that said the Commerce Department was not obligated under Section 215 to turn over confidential census data to federal law enforcement. But such disclosures, though welcomed by civil liberties groups, also hint at how much might still be unknown.

The NSA program has also highlighted broader concerns about what privacy advocates say is the federal government’s overreliance on secretive court rulings and classified legal memos. Sen. Ron Wyden, D-Ore., a member of the Senate Intelligence Committee who opposes the bulk phone records collection, said while he believed the government had released enough information about the law — albeit under pressure — for an informed debate, he was nonetheless concerned about the role of secret legal interpretations.

Though intelligence agencies should be able to conduct secret operations, he said, “they shouldn’t be following secret law.”

Stephen Vladeck, an American University law professor, said it was possible that the debate about the phone records program distracts attention from other surveillance efforts that are perhaps more secretive, such as Executive Order 12333, which authorizes foreign intelligence collection overseas without a court order. He also said he thought the government had provided substantial information about what information it was collecting, but was less forthcoming about how that information was used.

“The conversation about collection and a conversation about use are very different conversations,” he said. “And to have one without the other is to, I think, underappreciate the privacy consequences of each.”

Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, said it was impossible to know how much information might be out there absent a complete index of how many memos, opinions or court orders even exist.

“We shouldn’t be satisfied that we know everything” because, Goitein said, “we have no way to assess that we know everything.”

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

Oakland Post: Week of December 25 – 31, 2024

The printed Weekly Edition of the Oakland Post: Week of December 25 – 31, 2024

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To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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Alameda County

Last City Council Meeting of the Year Ends on Sour Note with Big Budget Cuts

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

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Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.
Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.

By Magaly Muñoz

In the last lengthy Tuesday meeting of the Oakland City Council for 2024, residents expressed strong opposition to the much needed budget cuts before a change in leadership was finalized with the certification of election results.

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

Oakland police and fire departments, the ambassador program, and city arts and culture will all see significant cuts over the course of two phases.

Phase 1 will eliminate two police academies, brown out two fire stations, eliminate the ambassador program, and reduce police overtime by nearly $25 million. These, with several other cuts across departments, aim to save the city $60 million. In addition, the council simultaneously approved to transfer restricted funds into its general purpose fund, amounting to over $40 million.

Phase 2 includes additional fire station brownouts and the elimination of 91 jobs, aiming to recover almost $16 million in order to balance the rest of the budget.

Several organizations and residents spoke out at the meeting in hopes of swaying the council to not make cuts to their programs.

East Oakland Senior Center volunteers and members, and homeless advocates, filled the plaza just outside of City Hall with rallies to show their disapproval of the new budget plan. Senior residents told the council to “remember that you’ll get old too” and that disturbing their resources will only bring problems for an already struggling community.

While city staff announced that there would not be complete cuts to senior center facilities, there would be significant reductions to staff and possibly inter-program services down the line.

Exiting council member and interim mayor Bas told the public that she is still hopeful that the one-time $125 million Coliseum sale deal will proceed in the near future so that the city would not have to continue with drastic cuts. The deal was intended to save the city for fiscal year 2024-25, but a hold up at the county level has paused any progress and therefore millions of dollars in funds Oakland desperately needs.

The Coliseum sale has been a contentious one. Residents and city leaders were originally against using the deal as a way to balance the budget, citing doubts about the sellers, the African American Sports and Entertainment Group’s (AASEG), ability to complete the deal. Council members Reid, Ramachandran, and Gallo have called several emergency meetings to understand where the first installments of the sale are, with little to no answers.

Bas added that as the new Alameda County Supervisor for D5, a position she starts in a few weeks, she will do everything in her power to push the Coliseum sale along.

The city is also considering a sales tax measure to put on the special election ballot on April 15, 2025, which will also serve as an election to fill the now vacant D2 and mayor positions. The tax increase would raise approximately $29 million annually for Oakland, allowing the city to gain much-needed revenue for the next two-year budget.

The council will discuss the possible sales tax measure on January 9.

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Activism

Protesters Gather in Oakland, Other City Halls, to Halt Encampment Sweeps

The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.

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The California Poor People’s Campaign’s Victoria King erected encampments for unhoused Oaklanders. Victoria King and her committee erected these emergency tents to symbolize the needs of unhoused Oaklanders. Photos by Post Staff.
The California Poor People’s Campaign’s Victoria King erected encampments for unhoused Oaklanders. Victoria King and her committee erected these emergency tents to symbolize the needs of unhoused Oaklanders. Photos by Post Staff.

By Post Staff

Houseless rights advocates gathered in Oakland, San Francisco, Los Angeles, and other city halls across California and Washington state this week protesting increased sweeps that followed a U.S. Supreme Court decision over the summer.

The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.

“What we’re dealing with right now is a way to criminalize people who are dealing with poverty, who are not able to afford rent,” said rights advocate Junebug Kealoh, outside San Francisco City Hall.

“When someone is constantly swept, they are just shuffled and things get taken — it’s hard to stay on top of anything,” said Kealoh.

Local houseless advocates include Victoria King, who is a member of the coordinating committee of the California Poor People’s Campaign. She and Dr. Monica Cross co-chair the Laney Poor People’s Campaign.

The demonstrations came after a June Supreme Court ruling expanded local governments’ authority to fine and jail people for sleeping outside, even if no shelter is available. Gov. Gavin Newsom in California followed up with an order directing state agencies to crack down on encampments and urging local governments to do the same.

FresnoBerkeley and a host of other cities implemented new rules, making it easier for local governments to clear sidewalk camps. In other cities, such as San Francisco, officials more aggressively enforced anti-camping laws already on the books.

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