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HomeMy WebLinkAboutMINUTES - 06032003 - C51 t 4s In the Matter of RESOLUTION NO. 2003/275 Preserving Civil Liberties Threatened by the LISA Patriot Act WHEREAS,the County of Contra Costa recognizes the Constitution of the United States of America to be the supreme law of the land and all elected officials of Centra Costa County are sworn to uphold the Constitution of the United States of America in discharging their duties;and WHEREAS,it is in the purview of local government to take a stand in support of our Bill of Rights because any weakening of those rights threaten the broad range of political expression that is vital to our democracy at the local,state,and federal levels;and WHEREAS,the County of Contra Costa affirms its strong opposition to any form of terrorism against humanity,and also affirms that any efforts to end terrorism must not be waged at the expense of civil rights and liberties; and WHEREAS,we believe the civil rights and liberties of our residents and the foundations of our democracy could be threatened by the USA Patriot Act; and WHEREAS,the County of Contra Costa proudly houses a diverse population,including citizens from other nations,whose contributions to the community are significant and important to all;and WHEREAS,the First Amendment of the United States Constitution states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,and to petition the government for a redress of grievances;and WHEREAS,the Fourth Amendment states that the right of the people to be secure in their persons,houses, papers,and effects,against unreasonable searches and seizures,shall not be violated,and no warrants shall issue, but upon probable cause,supported by oath or affirmation,and particularly describing the place to be searched,and the persons or things to be seized;and the Fifth Amendment states, in part,that no person"shall be compelled in any criminal case to be a witness against himself';and WHEREAS,the Eighth Amendment states that excessive bail shall not be required,nor excessive fines imposed,not cruel and unusual punishments inflicted; and the Fourteenth Amendment states that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;nor shall any state deprive any person of life,liberty,or property,without due process of law; nor deny any person within its jurisdiction the equal protection of the laws. NOW,THEREFORE BE IT RESOLVED,that the Contra Costa County Board of Supervisors affirms its strong support for our constitutionally guaranteed rights and liberties and supports the repeal of those sections of the USA Patriot that infringe upon civil liberties; and BE IT FURTHER RESOLVED,that the Contra Costa County Board of Supervisors will continue in its outreach and shall educate its citizens on its policies of tolerance and respect for the diversity of its residents; and BE IT FINALLY RESOLVED,that the Contra Costa County Board of Supervisors directs the Clerk of the Board to transmit this resolution to all county departments,the courts,the Governor and the Attorney General of the State of California,to all members of the California Congressional delegation,the United States Attorney General,and the President of the United States of America. PASSED AND ADOPTED this 3rd day of June,2443. MARK DeSAULNIER JOHN GIOIA Chair,District 11k&ervisor Distil I Su 4 AXLE B. KEMA FEDERAL D.GLOVER District II Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: dune 3,2003 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administra �DDENDUM TO ITEM C.51 June 3, 2003 On this date,the Board of Supervisors introduced Resolution No. 2003/275,preserving Civil Liberties threatened by the LISA Patriot Act. The following persons submitted speaker cards to present testimony to the Board regarding this :Resolution: Joseph Partansky, 1406 Barbis Way,Concord; Mollie Fujioka, Walnut Creek; Leslie Stewart,League of Women's Voters of Diablo Valley, 3398 Wren Avenue, Concord; Verle G. Craven, 1237 Marin Avenue, San Pablo; Kathleen Nimr, Green Party, 2204 Olympic Drive,Martinez; Jim Hausken, 51 Norwood, Kensington; Evan Blickenstaff, Green Party of Contra Costa and Green Party of Richmond, 7805 Bums Court, El Cerrito; Yehudit Lieberman, Voices for Constitutional Rights, 2270 Lisa Lane,Pleasant Hill; Barbara Lynch,Voices for Constitution Rights, 2252 Lisa Lane,Pleasant Hill; Dee Simmons, 1015 Stimel Drive, Concord; Sue Allan, 1955 Cactus Court,43, Walnut Creek; Soula Culver, Richmond Greens or Meiklejohn Civil Liberties Institute,445 37,' Street, Richmond; Harpreet S. Sandhu, The Sikh Center of the San Francisco Bay area, 5414 Country View Drive, El Sobrante; Pello Walker, 665 Sherree Drive, Martinez; Natalie Russell, Social Justice Alliance of Interfaith Council CCC, 1626 Barnett Circle, Pleasant Hill; Tarnel Abbott, 141 Mariposa Street, Richmond; Tony Mrtarella, 1399 Candelero, Walnut Creek Tony Suh, Lamorinda Democratic Club,Democratic Party of Contra Costa County Central Comm. 560 Merriewood Drive, Lafayette; Stephanie Ericson, 8301 Mulberry Place, Dublin Rose Lemberg,El Cerrito Democratic Club, 831 Balra Drive,El Cerrito Lee Lawrence, Contra Costa Mt. Diablo American Civil Liberties Union, 164 Valley Hill Drive, Moraga; Eartha Newson, 20 Irwin Way,#638, Orinda; Andres Soto,2420 Lowell Avenue,Richmond; Genovesa Calloway, 1529 Costa Avenue, San Pablo; Scott Anderson, 3505 Tabora Drive, Antioch; The following persons did not address the Board,but left written comments: Mr. &.Mrs. Edward L. Tonnigsen Ted Lynch, 2252 Lisa Lane,Pleasant Hill, Sue Ferro,2214 Lisa Lane,Pleasant Hill. The Chair then returned the matter to the Board for further discussion. Supervisor Uilkema requested a friendly amendment on paragraph four, "WHEREAS,we believe the civil rights and liberties of our residents and the foundations of our democracy are now threatened by the USA Patriot Act"she asked that "are now"be changed to "could be". Supervisor Gioia then moved to adopt the resolution as amended. Supervisor Glover second the motion. The Board then took the following action. • ADOPTED Resolution No. 2003/275 endorsing the preservation of civil liberties threatened by the U.S.A. Patriot Act. LOCAL IMPORTANCE. Why resolutions against the Patriot Act and the crackdown on civil liberties are locally important. Contact Sanieev Bert t415}621-2493, sbery(iaclunc.orcl 1. They can direct local law enforcement to stand up for civil rights. Since Sep. 11th,the federal government has targeted many people of Muslim,Arab, or South Asian backgrounds for interrogation, detention,or deportation. Following Sep. "I 1th, as many as 1,200 individuals were detained and deported without due process or public oversight. At times,the federal government has sought the cooperation of local law enforcement in these discriminatory efforts. In one example, U.S.Attorney General John Ashcroft called on local law enforcement agencies to participate in a dragnet-style voluntary"questioning of some 5,000 individuals in the U.S. on non-immigration visas (student visas, work visas,etc). In this specific example, some cities declined to participate: San Francisco and San Jose, CA; Portland, Hillsboro, and Corvallis, OR; Richardson and Austin, TX; and Detroit, Mi. Through a resolution against the crackdown on civil liberties, more cities and counties can instruct their law enforcement agencies to take a similar stand in the future. Z. They can Instruct local administrators to protect residents' privacy. Section 215 of the USA PATRIOT Act grants the FBI access to"any tangible things (including books, records, papers, documents,and other items)for an investigation to protect against international terrorism." Simply by telling a judge that it is for a terrorism investigation,the FBI can access any of our personal records—medical files, financial statements, bookstore purchases, library records,etc. Because city and county agencies retain a great deal of information about local residents, locally elected officials should direct or encourage departments to protect residents'privacy. Public libraries are one good example. To protect patron privacy against potential FBI requests for information, a number of public libraries have been instructed to no longer retain records of what books library patrons have previously checked out. More cities and counties should follow suit. 3. They encourage locally elected officials to act on their oath of office. When taking office, elected city council members and county supervisors swear an oath to "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies,foreign and domestic." The USA Patriot Act and related federal actions taking since September 11th are clear threats to the U.S. Constitution. Not only that, but they have a direct impact on local civil liberties as documented above. By passing a resolution against the USA Patriot Act, locally elected officials can act on their sworn oaths of office and stand up for the civil liberties of their constituents. American Civil Liberties union of Northern California Phone: (415)621-2493 1663 Mission Street,suite 460 Fax: (415)255-1478 San Francisco,CA 94103 h8p:1hv".adunc.org An ACLU list of some of the government powers ERODING LIBERTY: expended since Sept. 11th. Contact: San' ev Be 415 621-2493, stae aclunc.o Domestic spying: FBI agents can monitor private citizens and organizations without suspicion. Agents can infiltrate houses of worship and monitor open religious and political meetings without evidence of a crime. Government secrecy: An Ashcroft directive limits government compliance with the Freedom of Information Act. Ethnic profiling: Ashcroft has directed the questioning of thousands of innocent individuals based primarily on their country of origin. San Jose, San Francisco, Oakland, and other police departments in Northern California and across the country refused to participate in the dragnet questioning p€an. Tracking immigrants: The U.S. Dept.of Justice is subjecting thousands of lawful visitors—from a list of Muslim countries—to onerous fingerprinting and registration requirements. All non-citizens are also required to report changes of address within 10 days or risk fines,jail, or even deportation. Mass detentions: Over 1,100 men were detained after September 11. Although the detentions were shrouded in secrecy, advocates believe that many detainees did not have access to legal representation and were detained for months before having their cases resolved. Many were ultimately charged with only minor immigration violations,and most have now been deported. Secret searches: The USA Patriot Act expands the power of the federal government to conduct"sneak and peak" secret searches. These searches allow the FBI to use a search warrant to enter and search a home or office—without notifying the subject until much later. Expanding surveillance: The USA Patriot Act now lets the FBI secretly conduct physical searches or wiretaps on citizens or residents without showing"probable cause." It only has to claim that"a significant purpose"is intelligence, even when the primary goal is ordinary law enforcement. Internet espionage: Under the USA Patriot Act, email and Internet usage, as well as telephone calls,are now subject to"pen register"orders. These allow the government to monitor the"who,""when,"and"where" of a communication—but not the content. Unlike phone calls, however,the"who/when/where"of an email is not easily separated from the actual content,and web page addresses can reflect the content of the web site visited. Thus, FBI agents must be"trusted"not to read the content of an email or web page. Personal records: Under the USA Patriot Act, if the FBI claims it is for a"terrorism"investigation, it can collect any of an individual's personal records desired--even without suspicion of a crime. This includes library records, medical histories,financial records, or anything else that is recorded. American Civil Liberties Union of Northern California phone: (415)621-24993 1663 Mission Street,Suite 464 Fax: (415)255-1478 San Francisco,CA 94103 http:JJw m adune.org CONSERVATIVE VOICES Prominent conservatives go on the record against the USA PATRIOT Act and the post DEFEND FREEDOM:OM: 9111 crackdown on civil liberties. Compiled by Shenna Bellows,ACLU organizer Contact: Saneevee 415 6.21-2493, sbe aclunc.or Jaynes Sensenbrenner(R-WI), Chair of the House Judiciary Committee "J. Edgar Hoover Is Back," Washington Times,6/10/2002 "The Justice Department has gone too far. (We can have security]...without throwing respect for civil liberties into the trash heap. We don't have to go back to the load old days when the FBI was spying on people like Martin Luther King." Paul Weyrich, President of the Free Congress Foundation "Ashcroft's'Terrorism Policies Dismay Some Conservatives" The New York Times, 7/2412002 "A lot of the social conservatives appreciate the stands he's taken on child pornography and the Second Amendment and a number of social issues. But there is suddenly a great concern that what was passed in the wake of 9-11 were things that had little to do with catching terrorists but a lot to do with increasing the strength of government to infiltrate and spy on conservative organizations." [In an 8/6/2002 op-ed in the Washington Times,Weyrich indicated that his concerns primarily related to how a future Attorney General, not Ashcroft,would use new governmental powers.] Robert Novak,conservative columnist "USA Patriot Act Remains Shrouded In Secrecy" The Miami Herald,9/10/02 "Ashcroft is even more intractable than his predecessor, Janet Reno, in refusing information to the legislative branch." David Keene,Chairman of the American Conservative Union "Ashcroft: Good Intentions on a Bad Road" The Hill,7131/2002 "The Bush administration argues convincingly that roving wiretaps,reading people's e-mail,putting video cameras on every corner and perusing their library habits will make it easier to catch terrorists before they act...the problem is that once all this is in place,we will no longer be living in the same country we lived in prior to Sept. 11." Dick Armey(R-TX), Former House Majority Leader and Chair of the House Select Committee on Homeland Security "Armey:Justice'Out of Control"' USA TODAY, 10/16/2002 "I told the President I thought his Justice Department was out of control... Are we going to save ourselves from international terrorism in order to deny the fundamental liberties we protect to ourselves'?... It doesn't make sense to me." American Civil Liberties Unison of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Fax (415)255-1478 San Francisco,CA 94103 http:lhvww,actunc.org CONSERVATIVE VOICES DEFEND FREEDOM{Cont.} William Safirs, coiumnist writing about military tribunals "Seizing Dictatorial Power," The New York Times, 1111512001 "Misadvised by a frustrated and panic-stricken attorney general,a president of the united States has just assumed what amounts to dictatorial power to jail or execute aliens... No longer does the judicial branch and an independent jury stand between the government and the accused. in lieu of those checks and balances central to our legal system, noncitizens face an executive that is now investigator,prosecutor,judge,jury and jailer or executioner.'" Ken Connor, President of the Family Research Council "Ashcroft's Terrorism Policies Dismay Some Conservatives" The New York Times, 7/24/2002 "It's Important that we conservatives maintain a high degree of vigilance. We need to ask ourselves the questions, 'How would our groups fare under these new rules?'" Vincent Cannistraro,former head of counterterrorism at the CIA "'Che War on Terror i=nters Phase 2" The New York Times,5/212002 'The Justice Department's detention of thousands of immigrant Muslims--the policy of'shaking the trees'in Islamic communities--alienates the very people on whom law enforcement depends for leads and may turn out to be counterproductive." Robert A. Levy,Senior Fellow In Constitutional Studies at the Cato Institute "The USA Patriot Act:We Deserve Better" Cato Institute, 11127/01 "If you think the Sill of Rights is just so much scrap paper,and the separation of powers doctrine has outlived its usefulness,then the USA PATRIOT Act, passed overwhelmingly on Oct. 25, is the right recipe to deal with terrorists. On the other hand, if you are concerned about Fifth Amendment protection of due process, and Fourth Amendment safeguards against unreasonable searches and seizures,then you should be deeply troubled by the looming sacrifice of civil liberties at the altar of national security." Arneften Civil Liberties Union of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Fax: (415)255-1478 San Francisca,CA 94103 http:/Avww.achm.org TAKING A STAND: 76 cities and counties have passed resolutions opposing the civil liberties crackdown. Contact: sari eav Be 415 621-2493, sb aclunc.or 03.28.2003 Jan 7,2002: Ann Arbor,MI Feb 12,2003: San Anselmo,CA Mar 18,2002: Denver,CO Feb 12,2003: Village of New Pasta,NY Apr 24,2002: Amherst,MA Feb 13,2003: Gustavus,AK Apr 27,2002: Leverett,MA Feb 17,2003: Vashon-Maury island,WA May 2,2002: Northampton,MA Feb 18,2003: Rockingham,VT May 20,2002: San Miguel County,CO Feb 18,2003: Seattle,WA June 17,2002: Cambridge,MA Feb 18,2003: Ashland,OR June 25,2002: Carrboro,NC Feb 19,2003: Castle Valley,UT July 23,2002: Boulder,CO Feb 19,2003: York,PA Oct 15,2002: Madison:,WI Feb 24,2003: Crestone,CO Oct 22,2002: Alachua County,FL Feb 24,2003: Missoula,MO Oct 22,2002: Berkeley,CA Feb 25,2003: Richmond,CA Oct 28,2002: Takoma Park,MD Feb 26,2003: Cotati,CA Oct 30,2002: Santa Fe,NM Feb 27,2003: Town of New Peitz,NY Nov 12,2002: Santa Cruz,CA Mar 4,2003: Athens,VT Nov 25,2002: Eugene,OR Mar 4,2003: Dummerston,VT Dec 2,2002: Burlington,VT Mar 4,2003: Guilford,VT Dec 2,2002: New Haven,CT Mar 4,2003: Jamaica,VT Dec 3,2002: Sebastopol,CA Mar 4,2003: Marlboro,VT Dec 6,2002: Detroit,MI Mar 4,2003: Newfane,VT Dec 17,2002: Flagstaff,AZ Mar 4,2003: Putney,VT Doc 17,2002: Oakland,CA Mar 4,2003: Waltsfleld,VT Jan 6,2003: Fairbanks,AK Mar 4,2003: Warren,VT Jan 7,2003: Fairfax,CA Mar 4,2003: Westminster,VT Jan 10,2003: Montpelier,VT Mar 4,2003: Windham,VT Jan 13,2003: Mansfield,CT Mar 4,2003: Telluride,CO Jan 15,2003: Arcata,CA Mar 5,2003: Sonoma,CA Jan 21,2003: San Francisco,CA Mar 11,2003: Union City,CA Jan 21,2003: West Hollywood,CA Mar 11,2003: Marlborough,NH Jan 28,2003: Yolo County,CA Mar 12,2003: Rosendale,NY Jan 28,2003: Point Arena,CA Mar 15,2003: Petersborough,NH Feb 4,2003: Brattleboro,VT Mar 17,2003: El Cerrito,CA Feb 5,2003: Ithaca,NY Mar 17,2003: Socorro,NM Feb 10,2003: University City,MO Mar 18,2003: Benton County,OR Feb 11,2003: Claremont,CA Mar 18,2003: Woodstock,NY Feb 11,2003: Santa Monica,CA Mar 24,2003: Bellingham,WA Feb 12,2003: Davis,CA Mar 25,2003: Watsonville,CA Feb 12,2003: Ridgway,CO Mar 26,2003: Fort Collins,CO American Civil Liberties Union of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Fax (415)255-1478 Sart Francisco,CA 94103 htti)JAWAVAclunc,org s4= UNDERSTANDING THE USA IN F M .ICIIV L LIBERTIES UNIO N PATRIOT ACT THE USA PATRIOT ACT... I. Creates a definition of `domestic terrorism" that covers any criminal act that is "dangerous to human life" and is apparently intended to influence the government by intimidation or coercion. Therefore, the government may designate as "terrorists" individuals or organizations that engage in acts of civil disobedience, which by definition violate the law and may arguably put life at risk but are not terrorism under any commonsense definition. Under this new definition, Greenpeace, Operation Rescue, Vieques, and WTO protesters could be targeted as possibly;terrorists. (Sections 411 and 802) II. Allows the government to sere the assets of an individual or organization without prior notice or hearing if the government alleges that the individual or organization has engaged in or is planning an act of"domestic terrorism". Given the breadth of the definition of"domestic terrorism" the government could seize assets of an organization with which it does not agree. (Section 806) III. Allows the government access to any types of records (educational, medical, financial, tax, sales, library, etc.) without probable cause of a crime AND prohibits the recordholder (librarian, bookseller, etc) from disclosing that they have been ordered to produce such records or they could face criminal penalties. The library records can only be released under court order, but the Act effectively mandates that the judge rubber stamp such orders. (Section 215) IV. Permits the government overly broad monitoring of Internet traffic and e-mail communications on any Internet Service Provider because e-mails and Internet traffic information of nein-target individuals cannot be separated from the activity of targeted individuals. (Section 216) V. Allows law enforcement to conduct secret "sneak and peek" searches of your home. Investigators may enter your home or office, tape pictures and seize items without simultaneously informing you for days or months that a warrant was ever issued. (Section 213) VI. Changes the nature of warrants for wiretaps by requiring judges to approve a wiretap without knowing who is to be tapped nor where it is to be placed. (Section 216) VII. Permits indefinite jail of immigrants and other non-citizens even if the government cannot show that they are, in fact,terrorists. (Section 412) VIII. Puts the Central Intelligence Agency back in the business of spying on Americans by permitting a vast array of information gathering on U.S. citizens to be shared with the CIA (and other non-law enforcement officials) without judicial or other safeguards. (Sections 203 and 901) Visit www.aclu.org/saf eandfree to get more information and get active. .os.Andes Times:Pulling FBr"s Norse Out of Your Books hUp://"w.latimes.com/tempifftes/mise/pr...2boe%2Dsenders8rnsyO8&section=/printstM Sponsored by Lo GUM mo " hq://www.latimes.co /news/Printedition/opinion/la-oe-sanders8mayO8,1,2885093.story COMMENTARY Pulling FBI's lose Out of Your Boos By Bernie Sanders U.S. Rep. Bernie Sanders represents Vermont as an independent. let May 8,2043 0 WOW An unnecessary chill has descended on the nation's libraries and bookstores: The books you buy and read are now subject to government inspection and review. iJtnfl you.. After 9/11,the Bush administration,particularly Atty. Gen. John Ashcroft,pushed hard for passage of the Patriot Act,which contained sweeping changes to our nation's surveillance laws and new intelligence powers for the FBI and other agencies. At that time of national outrage, Congress passed with little debate a bill the attorney general 'have had crafted. matches'Job Few who voted for the Patriot Act---I did not-----knew that among its provisions was one that gave FBI agents the authority to engage in fishing expeditions to see what , ' Americans read, Although it does not mention bookstores or libraries specifically,the sweeping legislation gives the FBI the power to seize all of the circulation,purchasingdilrectly to and other records of library users and bookstore customers on no stronger a claim than an FBI official's statement that they are part of a terrorism investigation. Surely the1 powers the government needs to fight terrorism can be subject to more meaningful Your checks and balances than that, especially when the right to read without government intrusion is at stake. Until the Patriot Act, the FBI had the authority to obtain bank records,credit records and certain other commercial records only upon some showing that the records requested related to a suspected member of a terrorist group. The Patriot Act expanded ti the FBI's authority in two ways. First, it gave the FBI the authority to seize any records of any entity. Most members of Congress probably didn't realize it,but this included libraries and bookstores. Second,, Congress dropped the prior requirement that the FBI The actually have some evidence that the person whose records it sought was a member of to fffid a e , a terrorist group or otherwise involved in terrorism. Now,one Patriot Act provision allows the FBI to obtain whole databases, including records of citizens not suspected of any wrongdoing. The FBI has a history of abusing its power: monitoring,keeping records on and infiltrating civil rights organizations, Vietnam War protest groups and others that had broken no laws but were considered controversial. Little has changed to prevent the FBI from abusing its powers again if it is left unchecked. The new powers appear to have been used already--- >f 2 5/22/2043 2:05 PM .os Angeles`rimes.Pulling FBI's Nose Out of Your Books http://www.latirms.comltemplateslmise/pr...2lkoe%2Ussnders8niayO8&section--/printston a University of Illinois survey shows libraries were targeted at least 175 times in the year after 9/11 ---yet the FBI refuses to explain how or why. Such is the state of affairs that librarians in California and across the country are putting up signs warning patrons that the FBI may be snooping among their records. These librarians, along with booksellers, are particularly concerned because the proceeding for these warrants takes place in a closed court and the new law has a built-in gag order: Those who are asked to turn over records are not allowed to say that the search has occurred or that records were given to the government. In addition, under this provision the courts are no longer an arbiter of individual rights because judges are not allowed to determine whether there is probable cause to justify such sweeping searches. We need lain enforcement to track terrorists down before they do their evil. deeds. But if we give up some of our most cherished freedoms—the right to read what we want without surveillance; the need for "probable cause"before searches are made—the terrorists win, for their attacks will have struck at the very heart of our constitutional rights. To remedy the excesses of the Patriot Act that threaten our right to read, I have introduced the Freedom to Read Protection Act. The bill,which has the support of Democrats and Republicans,progressives and conservatives,will establish once again that libraries and bookstores are no place for fishing expeditions. Because this new legislation will allow the FBI to use the constitutional routes at its disposal,including criminal subpoenas, to get library and bookstore records,it will not tie the hands of investigators. At the same time it will require— as had always been the case that investigations be focused and that the reasons behind them be subject to judicial scrutiny. Before Congress begins any discussion of new powers for the FBI, as some in Washington are advocating, we must first focus on correcting the unchecked authority the Patriot Act already grants the government. If Voll want other stories on this topic,search the Archives at Iatirnes.com/archives. Click here for article licensing and reprint options Copyright 2003 Los Angeles Times >f 2 at��rsnn �•ns ts�r ZA Yt t-A ., off , . �"'i• C9' t r�+ to ,4•t v� ,-+• � '.°" y 30' t4, vs ,t*� ' "~ '�c iso �' cry r+� rA d p Q? 1:4 � »` .0t ;— � sKY ' ro� CA ?A 0K � Ml tA d `v `�' '� t ,fl y" ' ` ""` rte'i�9 �,�'�'• "' IY, v,, vs 15 MIA dv- , Ile 3 � ous ' uz C• r` Cao * ' H "(Z tri'$ • •,fid, { CS �..� d G r�' Cy cjiq' all r a cypotfi�•s "p� w KI{* n9t L7 r�c'" ` , t� ,? p3 r* G•tpt.+,y ✓' �, �p .i�,,p t,'S 'J �'s Y t4 {C+ rOq (y ty {Sr'• o6 14- + y H Sam• t+ ' U+ �3 � y t ✓ r+ r»�q ��p +3 �tv} //�� 14 n a n o n cs o• a �.s ca o, o s� mus " to 5, „m 14 q % ZL w� �` $ 'fi • POP 91 Tr MA �. w .. ` Yi ASM . Fir tA tr 40 to XA iaS �, +�G �+��` f”� � � �Cs g� 4�®*C� F�+ � t# �.�' t�9 O��t ���•` �'� � w• S'y �-�q �' �� ��`�s i ���✓��r»� �t"`� `� �-G•'w� �g w t� ^{�r'n+r�*�� ttY+���,`� 2b ��t� {9 �p �'�' �*.� � -^-„..�”. to fo � San..Mateo Daily Journal S Mate o set Leadltt loco£news E c!Cr frt rya San Bruno, YlM CBty Wednesday May 7, 2003 County endorses limits to Patriot Act The rn, Michelle Durand, Daily Journal(05-07-03) . for fat The Board of Supervisors sent a loud message yesterday that libraries and booksellers should not to## the federal government what their clients are reading ' by unanimously passing a resolution endorsing a change to the Patriot Act. Caitr�# 'i The decision came after nearly an hour of public ' hearings In which residents worried about the Henri ' constitutionality of opposing a federal mandate as well as fears about Infringing on the.Bill of(tights by tms-11 allowing surveillance. While the resolution itself doesn't change the act, it does send a message to +colIl#J Congressmembers of what San Mateo County residents want,said Supervisor Mike Nevin. Palo A SAY" "The Patriot Act is the law of the land until a court RAY-3J declares otherwise. Probably not the Patriot Act Itself. p4ylU Its probably constitutional on Its face but It's g , probably unconstitutional as applied by the Attorney sugpo General,"said Supervisor Mark Church,who proposed ;" adoption of the resolution. ii `amm The vote came after about 15 speakers addressed the MUM board.The majority favored their position although a St's handful backed all provisions of the act and two Uphov others called for public input before a resolution was passed. k The resolution supports the enactment of"The Now d Freedom to Read Protection Act of 2003,"which :O prohibits the search or seizure of personal information from a bookseller or library.The amendment also UM requires the Attorney General to regularly update a Bev Ar congressional oversight committee about how many i letters have requested information.Currently,the Patriot Act requires libraries and bookstores to bill tQ provide the federal government with records of Its patrons'reading habits. A&.I& The supervisors also supported a provision in the RAS Patriot Act which sunsets on Dec. 31, 2005.There Is a Sipes proposal to remove the deadline and keep the Oyer surveillance options Indefinitely available. WMD-;_ th ru The supervisors'decision was spurred by requests AttClitilt from the Green Party,the ACLU, the Midcoast Community Council and Serra High School students Justin Alley,James Latimer and Nathan Visconti.The students -- who call themselves the San Mateo Bill of Rights Defense Committee--did not attend yesterday's hearing but sent videotaped speeches of httD://www.smdail-viournal.ore/article.cfin?issue=05-07-03&storvTD= 2128 5/70..001 San Mateo Daily Journal their stances. "'The scary thing about this Is,if the war on terrorism never ends, a generation of people are never going to know what It's like to have freedom,"Latimer said, Alley said the act was"submerged In a deep quagmire of fear and confusion"and urged the board that to preserve liberty we must act now." However, not all speakers agreed that the act Is a bad thing. Montara resident Marto Pellegrini argued that the county officials cannot usurp a federal law because it Is"illegal and against the democratic process. He said Instead voters should work to change their national representatives. "The ballot box Is where they change It,"he said. "Gerry Gossett of Moss Beach said opposition to the act Is"sheer folly"because"the Patriot Act is very Important to the security of our nation." But those in favor of the resolution countered that security does not require the loss of civil liberties. Alpesh Patel of the Peace Action Network said loopholes like weapons on airplanes or allowing foreigners In without proper Immigration paperwork can be closed without spying on those already in the country. "The act works on the fear of Sept. 11 but ignores the fact of It,"Patel said. Although Patel and others lauded the supervisors for the resolution,some said they stopped short of what is required -- opposing all components of the act, such as the scope of subpoenas for e-mail and telephone calls and single jurisdiction search warrants for alleged terrorists. Supervisor Mich Gordon said he hoped Congress would repeal the entire Patriot Act, revise It as necessary and give the document greater review, Since the enactment of the Patriot Act 45 days after the Sept. 11 terrorist attacks,several governments have approved resolutions either opposing it or expressing concern. locally,these include San Francisco,Mill Valley,Oakland and Berkeley.The ACLU and the Electronic Privacy Information Center have filed lawsuits against the act. Michelle Durand can be reached by e-mail: micheile@smdailyjournai.com or by phone: (6503) 344-5200 ext, 104,What do you think of this story? Send a letter to the editor: letters@smdallyjournal.com. http://www.smdailyjoumal.org/article.cfm?issue=05407-03&storylD=22128 5/7/2003 MAY-2?-2003 10.25 CCCSUPERO I SOR .3Cli-N G I O I A 520 374 344 r. s' • JLC i to rt+ the fights taken by Patriot Act T IS,INDEED,a new world .� j ,�` _ lag this certainly is a local issue» since the Sept. 11 attacks. i The Constitution applies to every Not only have outer gov- , single person in Pleasanton," ernments been toppled, but Ironically,both Campbell and within the United States the ef- members of SA'V'OR,quote Ben fects of the ironically dubbed Franklin in their discussions Patriot Act are rightly starting T SA XEEGAN about the Patriot Act. As to be questioned. runes columnist Franklin so wisely advised in Although the Uniting and our country's formative stage: strengthening America by Pro- While Livermore and Dublin Those willing to give up their viding Appropriate Tools Re- city councils have been recep- rights to protect freedom will quired to Intercept and Obstruct tive to the groups request to in- ultimately have neither. Terrorism Act passed witheat vestigate this act,and the city's �' Certainly, it seems uphold- support and haste while our role in enforcing what many Ing the Constitution,embracing country was in crisis, it's now consider unconstitutional ele- tete system of checks and bal- more than obvious that. the ments of It,their request met de- ances and eliminating the ex. long-reaching effects of this al- feat in Pleasanton this week. cessive stronghold of the Patriot teration, on our civil rights The 3-2 vote means the Patriot Act on our lives is an all-Amer. needs to be modified.And that Act won't come before the coun. icon effort that should unIN not message is being resoundingly cil for discussion, although a divide, all Americans. echoed by none other than"We, staff report on the impacts at the the people." local library is expected soon. Reach.ti eegan at 925-977--8531 Those from the .left and The deciding vote was cast or e-mail these from the right, from the by Matt Campbell, a council- theegan ctimes.corn. ground up are hoping their man who, ironically, is also a message will be heard in the civics teacher at Amador High. halls of Washington,where the And Proms that tinting Is change ultimately merit occur. everything,earlier in the meet- Like the bast of political sit- Ing his senior students were cations, the bedfellows ad- recognized For placing second dressing this supposed anti-ter- in a statewide competition on, rorism law are more than constitutional`knowledge. strange.But when the tentacles "Ijusdididn t about want Pa- so the have of the Patriot Act are creeping blanket so far into people's private ac- triot Act,"sags Campbell."I just tivities, that everything from don't thinly the City Council reading material to in-home ac. should.sponsor a conversation tivities can be scrutinized by like that." law enforcement,I guess it's not He thinks the citizens of so strange that both the ACLU Pleasanton would be better and the NRA fixed themselves served by participating in a let- agreeing to appose the broad ter-writing campaign to their new laws' federal representatives. Per. Even is the Tri-Valley, an sonally,he thinks the Patriot Act area known for its conservative is ars"abomutadW that will re- stances,-at least by Bay Are, suit imus becoming a nation of standards,there's a groundswell men,not a nation of law& of opposition. Members of SAVOR claim . The Save Our Rights Cosli= Campbell doesn't believe the tion of the Tri Valley has been Constitution is a local issue. meeting in libraries,pizza joints 'What irritates us so much and local churches,trying to ed- is that this is a local issue,,'says urate people about the inherent member Bob Caddy,who,in the daffier of the Patriot Act. The interest of full disclosure,used Proactive approach is the only to be a co-worker at this news. way to go, says member Fred paper. Norman of Pleasanton. .To eliminate it, it has to be 'Now is the time to do sortie- done in Congress," adds Nor- thing." pian, "but to our way of think. TOTAL P.02 REQUEST TO SPEAK FORM (THREE (3) MINUTE LBUT) PLEASE PRINT LEGIBLY Comple th fc x nr and a near tbe.,speakers' rostrum before addressing the Board. Dame; `� Ate' Phone > -�-�- - Address: f • � City Zip Code: P I am speaking for myself 7y-or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item Date: � � r My Comments will be general for against I wish to speak on the subject of I do not wish to speak on the subject but leave these comments for the beard to consider: fi J M IKL JOHN CIVIL LIBERTIES INSTITUTE Yes,I want to help. [ j update MCLI Web page [ ] I am contributing$ to the Endowment Fund i I am making a tax-deductible donation of 11 $500 ( 1 $250 11 $150 11 $100 [ ] $75 [ 1 $ 8 [ j � ( ] I am subscribing to the Human Rights Nowl Quarterly newsletter for 2003 ($10) i qty. amt. i How To Use 'New' Civi Rights Laws After 9.11: The basic book on legal issues under $36.95 Exec. 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X I wish to speak.on Agenda Item## Date: My Comments will be,general for —against I wish to speak on the subject of I do not wishto speak on the subject but leave these comments for the board to consider: THE LEAGUE OF WOMEN VOTERS OF DIABLO VALLEY a � 10" 500 ST.MARY'S ROAD,#14,THE BOARDROOM,LAFAYETTE,CALIFORNIA 94549(925)283-2235 To: Chair John Gioia, Members of the Board of Supervisors of Contra Costa County The League of Women Voters of Diablo Valley supports the proposed resolution in front of you today. Since the McCarthy era of the 1950's,the League has spoken out in defense of civil liberties, and worked to educate the public on issues such as freedom of speech. The League's advocacy position states,"The League of Women Voters of the United States believes in the individual liberties guaranteed by the Constitution of the United States. The League is convinced that individual rights now protected by the Constitution should not be weakened or abridged." At our recent statewide convention in Oakland, League delegates from around the state acted on that position. They unanimously passed a resolution calling for our elected representatives to repeal or amend the sections of the Patriot Act, Homeland Security Act, and similar legislation and executive orders,which are in fact weakening and abridging our constitutional rights. The League works toward informed participation in government. Who will have the courage to inform themselves, when any question raised about their motives allows the government to search records,tap phone and computer communications, and obtain a search warrant based on the mere suspicion of involvement in terrorism—all before the person is even asked to speak for himself? Who will participate in government when a protest,or even a phone call, may be taken the wrong way and label a person as"the opposition" and therefore,possibly, someone to be watched?We have trusted in due process and our other constitutional rights to protect us against abuse of our privacy, and to guarantee us that we are considered innocent until proven guilty. These shields are disappearing under the Patriot Act. We need laws that will enable government to combat terrorism without abridging the civil rights of those who are not terrorists. These Acts remove the checks and balances that guard against too much power in one branch of the government. They apply to ordinary criminal matters,not just terrorist acts. They set no time frame for returning the rights that they abridge. They should be fully reviewed, revised and in some cases repealed,to protect our civil liberties—because there are other ways to destroy our democracy than those used by terrorists. One of our members wrote to League convention delegates: "The League is built on the principles of strong democracy--civil liberties for all, and open government. These are the foundations of our democracy. Unless we insist on these as a priority, and defend them first and foremost, nothing else matters; for we will have neither voice, vote, nor democracy unless civil liberties, open government and due process are preserved for all." We urge you to vote for this resolution. .lune 3, 2003 Alamo •Antioch - Bethel Island • Brentwood • Byron • Canyon • Clayton • Concord • Danville • Diablo - Lafayette Martinez • Moraga• Oakley • Orinda • Pacheco • Pittsburg • Pleasant Hill • Rossmoor • San Ramon • Walnut Creek THE LEAGUE OF WOMEN VOTERS OF DIABLO VALLEY 500 ST MARY'S ROAD,#14,THE BOARDROOM,,LAFAYETTE,CALIFORNIA 94549(925)233-2235 To: Chair John G;'ou� 1.4L?rh'rs i� t.Ii-o Board di" :upervisors Li CLn I--aCosta - I i#e eut>t5i, d fi✓t me"i E'olers d1 J./la; Valley S`4p Ctt4 I?c proposed, #'ksd!Li1C}ll ? t ii'tdfii df you today. Since the ?v cCarthv era ofthe I95£i's, the I,caguc i:ass Olken out in defense c11 civil liberties, and l orkec? to educate sire public on issues such as f ee—dom, of speech. The League's advocacy position states,"The League of Women Voters of the United States believes in the individual liberties guaranteed by the Constitution of the united States. The League is convinced that individual rights now protected by the Constitution should not be weakened or abridged." At our recent statewide convention in Oakland, League delegates from around the state acted on that position. They unanimously passed a resolution calling for our elected representatives to repeal or amend the sections of the Patriot Act, Homeland Security Act, and similar legislation and executive orders, which are in fact weakening and abridging our constitutional rights. The League works toward informed participation in government. Who will have the courage to inform themselves,when any question raised about their motives allows the government to search records,tap phone and computer communications, and obtain a search warrant based on the mere suspicion of involvement in terrorism--all before the person is even asked to speak for himself°? Who will participate in government when a protest,or even a phone call, may be taken the wrong way and label a person as"the apposition"and therefore,possibly, someone to be watched? We have trusted in due process and our other constitutional rights to protect us against abuse of our privacy, and to guarantee us that we are considered innocent until proven guilty. These shields are disappearing under the Patriot Act. We need laws that will enable government to combat terrorism without abridging the civil rights of those who are not terrorists. These Acts remove the checks and balances that guard against too much power in one branch of the government. They apply to ordinary criminal matters,not lust terrorist acts. They set no time frame for returning the rights that they abridge. They should be fully reviewed,revised and in some cases repealed, to protect our civil liberties—because there are other ways to destroy our democracy than those used by terrorists. One of our members wrote to League convention delegates: "The League is built on the principles of strong democracy—civil liberties for all,and open government. These are the foundations of our democracy. Unless we insist on these as a priority, and defend them first and foremost, nothing else matters; for we will have neither voice, vote, nor democracy unless civil liberties, open government and due process are preserved for all." We urge you to vote for this resolution. June 3, 2003 Alamo •Antioch •Bethel Island• Brentwood • Byron - Canyon •Clayton •Concord • Danville . Diablo • Lafayette Martinez > Moraga•Oakley • Orinda- Pacheco • Pittsburg • Pleasant Hill • Rossmoor• San Raman .Walnut Creek REQUEST TO SPEAK FORM .� (THREE (3) CUTE LIMIT) PLEASE PRINT LEGIBLY � Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: 5-6Jk, Phone` Address: `►� r City +{n Zip Code: ` I am speaking for myself or organization: (flame of organization) CHECK ONE: =�I wish to speak on Agenda Item# _ Date: 3 My Comments will be general - for against I wish to speak on the subject of I do not wish to speak on the subject but leave these comments for the board to consider: -"c 2002-2003 Cid#20.1 2003 ALA Midwinter Meeting RESOLUTION ON THE, USA PATRIOT ACT AND RELATED MEASURES THAT INFRINGE ON THE RIGHTS OF LIBRARY USERS WHEREAS,The American Library Association affirms the responsibility of the leaders of the United States to protect and preserve the freedoms that are the foundation of our democracy; and WHEREAS, Libraries are a critical force for promoting the free flow and unimpeded distribution of knowledge and information for individuals, institutions, and communities; and WHEREAS, The American Library Association holds that suppression of ideas undermines a democratic society; and WHEREAS,Privacy is essential to the exercise of free speech, free thought, and free association; and, in a library, the subject of users' interests should not be examined or scrutinized by others;and WHEREAS,Certain provisions of the USA PATRIOT Act,the revised Attorney General Guidelines to the .Federal Bureau of Investigation, and other related measures expand the authority of the federal government to investigate citizens and non-citizens, to engage in surveillance, and to threaten civil rights and liberties guaranteed under the United States Constitution and Bill of Rights; and WHEREAS, The USA PATRIOT Act and other recently enacted laws, regulations, and guidelines increase the likelihood that the activities of library users, including their use of computers to browse the Web or access e-mail, may be under government surveillance without their knowledge or consent; now, therefore, be it RESOLVED,That the American Library Association opposes any use of governmental power to suppress the free and open exchange of knowledge and information or to intimidate individuals exercising free inquiry; and, be it further RESOLVED,That the American Library Association encourages all librarians, library administrators, library governing bodies, and library advocates to educate their users, staff, and communities about the process for compliance with the USA PATRIOT Act and other related measures and about the dangers to individual privacy and the confidentiality of library records resulting from those measures; and, be it further 1 RESOLVED,That the American Library Association urges librarians everywhere to defend and support user privacy and free and open access to knowledge and information; and, be it further RESOLVED,That the American Library Association will work with other organizations, as appropriate, to protect the rights of inquiry and free expression; and,be it further RESOLVED,That the American Library Association will take actions as appropriate to obtain and publicize information about the surveillance of libraries and library users by law enforcement agencies and to assess the impact on library users and their communities: and, be it further RESOLVED,That the American Library Association urges all libraries to adopt and implement patron privacy and record retention policies that affirm that"the collection of personally identifiable information should only be a matter of routine or policy when necessary for the fulfillment of the mission of the library"(ALA Privacy:An Interpretation of the Library Bill ofRights); and,be it further RESOLVED,That the American Library Association considers sections of the USA PATRIOT Act are a present danger to the constitutional rights and privacy rights of library users and urges the United States Congress to: I) provide active oversight of the implementation of the USA PATRIOT Act and other related measures, and the revised Attorney General. Guidelines to the Federal Bureau of Investigation; 2) hold hearings to determine the extent of the surveillance on library users and their communities; and 3) amend or change the sections of these laws and the guidelines that threaten or abridge the rights of inquiry and free expression: and, be it further RESOLVED,That this resolution be forwarded to the President of the United States, to the Attorney General of the United States, to Members of both Houses of Congress, to the library community, and to others as appropriate. Adopted by the ALA Council, January 29, 2003 Initiated by: Committee on Legislation Cosponsored by: Committee on Legislation and Intellectual Freedom Comnnittee Endorsed by: OITP Advisory Committee, LITA Endorsed in principle by: ACRL,ALTA Executive Board, ALSO, ASCD:,AASL Legislation Committee, Intellectual Freedorn Round't'able Prior History: Ci419.1 January 2002,CD##20.5 January 2002,CD420.3 January 2002 2 REQUEST TO SPEAK FORM �(THREE (3) MINUTE LIMIT) 'LEASE PRINT LEGIBLY Complete this form and place it in the box near the speakers' rostrum before addressing the Board. lane: �r' Phone �' � . Address:—/L/ PJQ it G city Vt,'r'- Wand Zip Cade: 1 ' I am spearing for myself-�—<—or organization: (.name of organization) CHECK ONE: V I wish to speak on Agenda Item# Date: ��d? � 2-0O My Comments will be general—4—for against -I wish to speak on the subject of I do not wish to speak on the subject bu leave these comments for the board to consider: r .... .... .. ... �,��"� �..+!,��is,.f/ .r"' i�' ✓'�' tom, °W-�'. r. [� Y P � R