Moscow | November 19

BBC - Russia's ban on the death penalty will remain when a current legal suspension expires on 1 January, the country's Constitutional Court has ruled.

It said the use of the death penalty was now impossible because Russia had signed international deals banning it.

Ken Kaye | Fort Lauderdale, FL | November 15

LAT - You might not see them. But they're watching you.

To identify dangerous people, the Transportation Security Administration stations behavior-detection officers at 161 U.S. airports, including ones in Miami, Fort Lauderdale and Los Angeles. The officers can be anywhere, from the parking garage to the gate, looking for passengers who seem highly nervous or stressed.

Defiant 'trouser lady' continues to fight decency laws

Washington Post, By Stephanie McCrummen, November 14

KHARTOUM, SUDAN -- A few months after she was arrested for wearing pants, Lubna Hussein was lounging around her home in a shady, upper-class neighborhood in this capital along the Nile River. It was a hot afternoon, but the 34-year-old Sudanese journalist was wearing thick jeans adorned with sequins and embroidered flowers.

"Since all this happened, I will only wear pants," she said in the calmly defiant manner that led to her fleeting global celebrity as "the trouser lady," and a less-publicized backlash that has included anonymous death threats and newspaper columns calling her a prostitute. "If you have something to fight for, you can lose your life."

Daniel Tencer | Nov 10

Raw Story - A Justice Department subpoena requesting all available information on all visitors to an independent news site is raising serious privacy concerns, and questions about how much information the US government is storing about its citizens' news reading habits.

Privacy watchdog Electronic Frontier Foundation has released an extensive report on a "bogus" attempt by a US attorney in Indiana to get Indymedia.us, an independent left-leaning news site, to hand over all the data it had about all the users who visited the site on a particular day.

Further adding to civil libertarians' and privacy watchdogs' concerns is the fact that the Justice Department ordered Indymedia to keep silent about the request.

"This overbroad demand for internet records not only violated federal privacy law but also violated [Indymedia's] First Amendment rights, by ordering [it] not to disclose the existence of the subpoena without a US attorney’s permission," the EFF's Kevin Bankston wrote.

New York Times, By Charlie Savage. October 30

WASHINGTON — The Obama administration, leading Senate Democrats and a coalition of news organizations have reached tentative agreement on legislation providing greater protections against the fining or imprisonment of reporters who refuse to identify confidential sources.

Under the deal, made public Friday, federal judges could quash subpoenas demanding testimony or information from reporters if the judges determined that the public interest in news gathering outweighed the need to uncover the source of a leak, including, in some circumstances, unauthorized disclosure of classified government information.

Protection under the so-called shield law would also be extended to unpaid bloggers engaged in gathering and disseminating news.

Brad Knickerbocker | Augusta, ME | October 31

CSM - “As Maine goes, so goes the nation” is a political cliché long since out of use.

But with Tuesday’s election there, both sides in the fierce debate over same-sex marriage are hoping the outcome not only favors them but sends a clear message to the rest of the United States.

In May, the Maine Legislature passed a law legalizing gay marriage, and after initially opposing it Gov. John Baldacci signed the measure. If approved, “Question 1” on Tuesday’s ballot would overturn the new law.

Margaret Talev | Washington | October 29

McClatchy - President Barack Obama on Wednesday signed the first major piece of federal gay rights legislation, a milestone that activists compared to the passage of 1960s civil-rights legislation empowering blacks.

The new law adds acts of violence against gay, lesbian, bisexual and transgender people to the list of federal hate crimes. Gay-rights activists voiced hope that the Obama administration would advance more issues, including legislation to bar workplace discrimination, allow military service and recognize same-sex marriages.

Congress passed the hate crimes protections as an unlikely amendment to this year's Defense Authorization Act. Obama, speaking at an emotional evening reception with supporters of the legislation, said that more than 12,000 hate crimes had been reported the past decade based on sexual orientation.

Charlie Savage | Washington | October 28

NYT - After a Somali-American teenager from Minneapolis committed a suicide bombing in Africa in October 2008, the Federal Bureau of Investigation began investigating whether a Somali Islamist group had recruited him on United States soil.

Instead of collecting information only on people about whom they had a tip or links to the teenager, agents fanned out to scrutinize Somali communities, including in Seattle and Columbus, Ohio. The operation unfolded as the Bush administration was relaxing some domestic intelligence-gathering rules.

always trying to one up us...

White House Deputy Press Secretary Bill Burton responded today to a question about a justice of the peace in Louisiana who refused to sign the marriage license for an interracial couple out of concern "for the children."

"I've seen the story and I've looked into this a little bit. And I found that, actually, the children of biracial couples can do pretty good," said Burton, who is biracial himself.

"So in terms of anything else, I just think it's something that they're dealing with locally."

Spencer S. Hsu | Washington | October 16

WaPo - A controversial federal program that deputizes state and local law enforcement agents to catch illegal immigrants is expanding under the Obama administration, despite changes announced this summer intended to curb alleged racial profiling and other police abuses.

The Department of Homeland Security reported Friday that only four of 66 participating agencies have dropped out because of the new federal requirements. And those losses are offset by the addition of five police, sheriff's and corrections departments, while six more are nearing approval, according to the department.

In the Washington area, sheriff's offices in Frederick, Loudoun and Prince William counties continue to participate.

Stephen J. Dubord | Raleigh, NC | October 13

The New American - The Federal Bureau of Investigation is now able to scan millions of driver’s licenses using facial recognition technology as they seek to track down fugitives.

The project, initiated in North Carolina, has led to at least one suspect being apprehended. Now the Bureau wants to expand the program nationwide, but privacy experts are warning that this puts innocent people into a virtual criminal lineup.

“Everybody’s participating, essentially, in a virtual lineup by getting a driver’s license,” stated American Civil Liberties Union attorney Christopher Calabrese. And there is no way to opt out of the lineup other than not having a driver’s license.

Linda Feldmann | Washington | October 13

CSM - The decline in abortions corresponded with increased contraceptive use, though access to contraception remains uneven in the developing world.

Contraceptive use is up worldwide, and with that has come a decline in abortions and unintended pregnancies, according to a report [“Abortion Worldwide: A Decade of Uneven Progress” - PDF] by the Guttmacher Institute released Tuesday.

Between 1995 and 2003, the number of abortions performed worldwide fell from 45.5 million to 41.6 million. The global rate of abortions fell as well: from 35 abortions for every 1,000 women of reproductive age (15-44) in 1995, to 29 per 1,000 women in 2003.

Daniel Tencer | Oct 10

Raw Story - The US government doesn't have to reveal information about phone companies that may have spied illegally on Americans because those phone companies are an "arm of the government," the US Justice Department argued in a recent court case.

In a lawsuit over the Bush administration's decision to give immunity to telecom companies over its warrantless wiretapping program, the Justice Department argued that it doesn't have to publicly reveal what it discussed with the phone companies because those discussions were "inter-agency communications," explains Ryan Singel at Wired.

He cites a passage from a court document in which the department argues that "the communications between the agencies and telecommunications companies regarding the immunity provisions of the proposed legislation have been regarded as intra-agency...."

Singel was reporting on privacy watchdog group Electronic Frontier Foundation's two-year-long legal battle with the DoJ over access to those communications. In 2008, the Bush administration passed a law granting reotroactive immunity to phone companies that had participated in the administration's warrantless wiretapping program.

After news reports in 2007 suggested that the phone companies had lobbied the government to have those protections put in place, the EFF launched a freedom-of-information request to have discussions between the Justice Department and the phone companies made public. When the government refused, the EFF took the matter to court.

On September 24, a US District Court judge sided with the EFF and ordered the government to "release more records about the lobbying campaign to provide immunity to the telecommunications giants that participated in the NSA's warrantless surveillance program," the EFF stated.

The judge gave the Justice Department until last Friday to hand over the documents. But, late on Thursday, the government appealed for a 30-day stay of the judge's order. That order was refused, but the judge has delayed any further decisions on the case for another week.

Jerry Markon | Oct 11

WaPo - Attorney General Eric H. Holder Jr. has ordered a review of a little-known Bush administration policy requiring some defendants to waive their right to DNA testing even though that right is guaranteed in a landmark federal law, officials said.

The practice of using DNA waivers began several years ago as a response to the Innocence Protection Act of 2004, which allowed federal inmates to seek post-conviction DNA tests to prove their innocence. More than 240 wrongly convicted people have been exonerated by such tests, including 17 on death row.

The waivers are filed only in guilty pleas and bar defendants from ever requesting DNA testing, even if new evidence emerges. Prosecutors who use them, including some of the nation's most prominent U.S. attorneys, say people who have admitted guilt should not be able to file frivolous petitions for testing. They say the wave of DNA exonerations has little impact in federal court because all those found to be innocent were state prisoners, and the waivers apply only to federal charges. DNA evidence is used far more frequently in state courts.

But DNA experts say that's about to change because more sophisticated testing will soon bring biological evidence into federal courtrooms for a wider variety of crimes. Defense lawyers who have worked on DNA appeals strongly oppose the waivers, saying that innocent people sometimes plead guilty -- mainly to get lighter sentences -- and that denying them the ability to prove their innocence violates a fundamental right. One quarter of the 243 people exonerated by DNA had falsely confessed to crimes they didn't commit, and 16 of them pleaded guilty.

"Kristin" | October 8

FeministsForChoice - As if women didn’t have enough threats to their right to choose in this country, Oklahoma is doing its part to make sure women slowly but surely are demonized and criminalized for their right to choose to have an abortion.

If you live in Oklahoma, i officially extend my condolences.

H.B 1595 is a new provision on Oklahoma abortion laws that now requires, among other restrictions and requirements, an official record and reporting system of all abortions occuring within the state. This report will be available for anyone in the world to view, as it will be made public on a website as of March 1st. The Dept of Health, who among others has supported these new provisions, has declared that since the name and “personal information” will not be reported, there is no cause for concern or protest in regards to privacy issues. However, in reviewing the actual text of the law, the first 8 questions that will be asked and reported could easily be used to identify any member of a smaller community.

David Edwards & Daniel Tencer | Oct 6

Raw Story - A Department of Homeland Security program that tries to detect air passengers who are "up to no good" is raising privacy concerns, says a CNN report which aired Tuesday.

CNN's Jeanne Meserve described DHS's Future Attribute Screening Technology (FAST) as "marrying a lot of existing technology, some of it medical," to measure breathing, heart rate, blinking, fidgeting, and other bodily functions of passengers at airports.

The idea is essentially to create a remote lie detector, where sensors placed at airport security screening areas would be able to monitor a passenger's physical reaction to questions being asked by screeners.

Critics have likened the concept to the "Department of Pre-Crime" in the 2001 film Minority Report, which describes a future where persons are caught and convicted of crimes before they occur.

Originally entitled Project Hostile Intent, the program was revealed by the science magazine NewScientist in 2007. According to a report at the time in the UK's Guardian, "the new devices are expected to be trialled at a handful of airports, borders and ports of entry by 2012." (more with links)

Paula Reed Ward | Oct 5

Pittsburgh Post-Gazette - The quick evolution of technology has changed the way Americans do almost everything, including how law enforcement combats crime, and consequently, how criminals elude law enforcement.

Those two concepts converged during the G-20 summit, when state police arrested two New York men for using Twitter to inform protesters in Pittsburgh about the movements of local officers.

They are accused of hindering apprehension, criminal use of communication facility and possessing instruments of crime. The charges raise questions about the use of technology in areas where the First Amendment and potential criminal activity converge.

"Anyone can tweet, but the truth is, sometimes speech can be criminal," said John Burkoff, a professor at the University of Pittsburgh School of Law.
..
In the motel room, police discovered Mr. Madison and Michael Wallschlaeger sitting in front of personal computers listening to both police and EMS scanners.

They were using headphones, microphones and maps to alert protesters about the movements of law enforcement, the complaint said. They sent the information out via cell phones and Twitter.
..
Mr. Burkoff has not heard of police making arrests based on the use of Twitter before.

He noted that the American government encouraged the use of the social networking program for people protesting elections in Iran earlier this year.

"We tend to applaud the use of Twitter when it's in Iran and protests we like," he said. "But we're much more nervous about it when it's protests we don't like."

Mr. Walczak questioned the constitutionality of the charges, as well as their necessity.

"I guess if you have 5,000 police officers and a quarter-million dollars in fancy equipment, you have to do something with it," he said. "Might as well go after some amateur ham radio operators in a motel room."

John Byrne | Sept 24

Raw Story -

President Barack Obama has quietly decided to bypass Congress and allow the indefinite detention of terrorist suspects without charges.

The move, which was controversial when the idea was first floated in The Washington Post in May, has sparked serious concern among civil liberties advocates. Such a decision allows the president to unilaterally hold "combatants" without habeas corpus -- a legal term literally meaning "you shall have the body" -- which forces prosecutors to charge a suspect with a crime to justify the suspect's detention.

Obama's decision was buried on page A 23 of The New York Times' New York edition on Thursday. It didn't appear on that page in the national edition. (Meanwhile, the front page was graced with the story, "Richest Russian's Newest Toy: An N.B.A. Team.")

Rather than seek approval from Congress to hold some 50 Guantanamo detainees indefinitely, the administration has decided that it has the authority to hold the prisoners under broad-ranging legislation passed in the wake of Sept. 11, 2001. Former President George W. Bush frequently invoked this legislation as the justification for controversial legal actions -- including the NSA's warrantless wiretapping program.

Carrie Johnson & Ellen Nakashima | Washington | September 16

WaPo - The Obama administration has for the first time set out its views on the controversial Patriot Act, telling lawmakers this week that legal approval of government surveillance methods scheduled to expire in December should be renewed, but leaving room to tweak the law to protect Americans' privacy.

In a letter from Justice Department officials to key members of the Senate Judiciary Committee, the administration recommended that Congress move swiftly with legislation that would protect the government's ability to collect a variety of business and credit card records and to monitor terrorism suspects with roving wiretaps.

But Assistant Attorney General Ronald Weich also told Democrats that the administration is "willing to consider" additional privacy safeguards advocated by lawmakers, so long as the provisions do not "undermine the effectiveness of these important authorities."

Washington | September 11

CBC - Children around the world are producing numerous goods being sold globally, says a report released by the U.S. Department of Labour.

The report released Thursday found that 218 million children work worldwide, and that 126 million of them perform dangerous jobs.

The U.S. Labour Department has identified 122 goods from 58 countries it believes to be produced by forced labour, child labour or a combination of the two. Children commonly work to produce products or crops such as: Cotton, Sugar cane, Tobacco, Coffee, Rice, Cocoa, Bricks, Garments, Carpets, Footwear, Gold, and Coal.

Carol J. Williams | Seattle, WA | September 5

LAT - A 9th Circuit panel says the ex-attorney general violated the rights of citizens held as material witnesses without cause after 9/11. Rights advocates praise the ruling in Abdullah Kidd's case.

Then-Atty. Gen. John Ashcroft violated the rights of U.S. citizens in the fevered wake of the Sept. 11 terrorist attacks by ordering arrests on material witness warrants when the government lacked probable cause, a federal appeals court said in a scathing opinion Friday.

In a ruling [PDF] that said Ashcroft could be sued for prosecutorial abuses, a three-judge panel of the U.S. 9th Circuit Court of Appeals denied the former attorney general immunity from liability for how he used the material witness warrants in national security investigations.

Bill Curry | Ottawa | September 4

The Globe and Mail - The Supreme Court of Canada will hear the federal government's appeal of the Omar Khadr case, a decision that will prolong an issue that has become one of the top political issues on the eve of a likely federal election.

The Supreme Court issued a statement today confirming the government's request for an appeal has been granted and will be heard Nov. 13, 2009.

Scott Horton | Washington | September 1

Huffington Post - Two newly-obtained documents show how American diplomats during the Bush administration worked tenaciously to incorporate what is commonly known as the Nuremberg Defense into a new international convention addressing enforced disappearances.

The rejection of the notion that government agents could avoid liability for crimes by arguing that they were simply following orders had been a bedrock principle of the American government ever since shortly after the end of World War II, when that defense was employed during the Nuremberg war-crimes trials.

Ed Pilkington | New York | September 2

The Guardian - Medical ethics group says physicians monitored 'enhanced interrogation techniques' and studied their effectiveness

Doctors and psychologists the CIA employed to monitor its "enhanced interrogation" of terror suspects came close to, and may even have committed, unlawful human experimentation, a medical ethics watchdog has alleged.

Physicians for Human Rights (PHR), a not-for-profit group that has investigated the role of medical personnel in alleged incidents of torture at Guantánamo, Abu Ghraib, Bagram and other US detention sites, accuses doctors of being far more involved than hitherto understood.

PHR says health professionals participated at every stage in the development, implementation and legal justification of what it calls the CIA's secret "torture programme".

The American Medical Association, the largest body of physicians in the US, said it was in open dialogue with the Obama administration and other government agencies over the role of doctors. "The participation of physicians in torture and interrogation is a violation of core ethical values," it said.