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§ion=/printstM
Sponsored by
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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§ion--/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
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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
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<28 MaywMay 2003
Algunos "Por#ales" para Informacion sobre Salud,Bienestrar, Anc
REQUEST TO SPEAK FORM �
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a
Name: ' ,6" ,4A - r91 7- Phone <J /C - -.3 16-
Address:
6Address: , fyz"- City &AlcZip Code: 77
I am speaking for myself or organization: ', y ' U 67AZ A/ Z)0 k�5
(name of organitiori,)
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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
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-"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
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lane: �r' Phone �' � .
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r
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