Investigations into the San Bernardino attack by the FBI have been potentially impeded by information locked in an iPhone 5c found on one of the perpetrators. A federal court judge has ordered Apple to assist the FBI in defeating any and all security measures built into the device. In a turn similar to Ladar Levison's letter to Lavabit users (previously), Apple has written a letter to end users about the civil rights at stake.
Inside the Kafkaesque World of the US’s "Little Guantánamos" We sat together on her couch, her small, eight-year-old hands clutching a photo of her father, Yassin Aref. “My daddy only held me twice before I was five,” Dilnia told me. For the first five years of her life, she only knew him as the man on the other side of a plexiglass window in a communication management unit in an Indiana federal penitentiary. Prisoners describe the communication management units, or CMUs, as “Little Guantánamos.” In 2006, the Bureau of Prisons created two of these units to isolate and segregate specific prisoners, the majority of them convicted of crimes related to terrorism. The bureau secretly opened these units without informing the public and without allowing anyone an opportunity to comment on their creation, as required by law.
When police carried out a routine stop-and-search of her boyfriend on the London Underground, Gemma Atkinson filmed the incident. She was detained, handcuffed and threatened with arrest. She launched a legal battle, which ended with the police settling the case in 2010. With the money from the settlement she funded the production of this animated film, which she says shows how her story and highlights police misuse of counterterrorism powers to restrict photography. [more inside]
My Student, the 'Terrorist' If this were a movie, the story might end with a triumphal courtroom scene, or an intrepid Washington Post reporter breaking the story. It might have a sentimental ending, with a conservative Muslim family and community locking arms with Christians and Jews and atheists and turning the country back to its commitment to civil rights. The government, shamed, would reform its practices. But this is not a movie, and inhumane treatment is well protected in post-9/11 America. [more inside]
In his latest national security speech, President Obama unequivocally reaffirms his commitment to closing GITMO. President Obama's strong statements reaffirming his administration's commitment to cleaning up the legal and ethical mess the Bush administration left behind comes just after congressional Democrats recently saw fit to capitulate to the Republican minority by defunding President Obama's efforts to close GITMO, ostensibly to ensure that President Obama proceeds prudently and avoids setting the terrorists loose on America's strip malls. But others interpret these latest maneuvers from the "weak-kneed" congressional Dems as reflecting a sudden acute case of the political jitters, pointing out that, despite all the fearful talk of the imminent dangers of possible terrorists being held and tried on American soil, it's not as though we haven't done it before. [more inside]
The Last Roundup. "Is the government compiling a secret list of citizens to detain under martial law?" [Via]
"'We want that shock. We want that awe. But at the same time, we don't want people to feel their rights are being threatened. We need them to be our eyes and ears'.... [Police] officers might, for example, surround a bank building, check the IDs of everyone going in and out and hand out leaflets about terror threats." While there have been no specific threats of terrorism against Miami, "'[t]his is an in-your-face type of strategy. It's letting the terrorists know we are out there,' [Deputy Police Chief Frank] Fernandez said."
Alarming Article on Security Procedures What is alarming is not necessarily that there is a "no-fly" list, or that we have security measures in response to a percieved terrorist threat. What's alarming is that there seems to be no accountabity or due process demanded from public officials. Without accountability, what's to stop public officials from acting arbitrarily, or for some political endeavor? (See the Plame case.) Combined with the Right's seeming position that the president is above the law in prosecuting a war, U.S. Supreme Court Case No. 03-1027 (Rumsfield v. Padilla) and Case No. 03-6696 (Hamdi v. Rumsfield), (see also the recent DOJ position papers), and for the 1st time I am becoming nervous that America might devolve into something like a police state.
After all the hoopla about increasing security, it seems that the requirement for biometric data to be included in passports of those entering the US from visa waiver countries will need to be extended for two years to allow other countries to catch up with the technology, as it seems most countries are unable to meet the deadline. Some countries have put on hold the new technology, while others seem committed to going ahead with it, despite doubts about the readiness of the technology. Of course, if civil liberties groups get their way, the biometric passports may never see the light of day. Specific religious issues complicate the matter to some extent, also. Given that, if the technology to produce biometric passports is available, will it really be that hard for forged passports to be created? Unless a massive world-wide database containing the biometric details of every person was used for data-matching, it is hard to see how these new measures will really make much difference to anyone apart from the companies selling the technology.
Ronald Dworkin’s Rights and Terror [pdf]. At NYU's Colloquium in Legal, Political and Social Philosophy, Dworkin provides a useful catalogue of the Bush administration’s restrictions on the rights of both citizens and non-citizens of the US since September 11th. Via Crooked Timber and Larry Solum's Legal Theory Blog.
Ashcroft gets a double kick in the groin. It really heartens me to see this. I'm all for finding those responsible, but not at the cost of the Constitution and civil rights. How long before all of the state of Oregon is charged with terrorrism and brought before Bush's special tribunal?