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June 4, 2002
Dear Chairman
Leahy and Senator Hatch, Chairman Sensenbrenner and Representative Conyers,
We write to
you on behalf of a broad range of organizations across
the country
about the proposal of the Attorney General to loosen the guidelines that
restrict the surveillance of religious and political organizations in the United
States.
This proposal
raises matters of Constitutional authority that require immediate Congressional
attention. We do not believe that the Attorney General has the legal authority
to pursue domestic spying. [HOUSE - We urge you to conduct oversight hearings
on this proposal.] [SENATE - Your hearing this week provides a critical
opportunity to assess the impact of the AG's new guidelines.]
We are
particularly concerned about elements of the guidelines that appear to give the
FBI the authority to search through electronic databases without satisfying any
legal standard or requiring any judicial review. Such an approach to police
authority in the United
States is
directly contrary to the First and Fourth Amendment and the system of checks
and balances established by our form of government.
We are also
concerned that the changes authorize unchecked surveillance of lawful religious
and political activity, in violation of the First Amendment and that such
surveillance will be targeted against Arab-Americans, Muslim and immigrants among
others.
[HOUSE -We
urge you to convene a public hearing with the Attorney
General so
that the following issues may be addressed:] [SENATE - We
urge you to
consider the following issues at your hearing this week:]
- What are the changes proposed by the Department of Justice
and specifically
how will they impact the First Amendment freedoms of political and religious organizations
in the United States?
- What is the legal
basis for the Attorney General's proposal and how does this proposal compare
with his current authority?
- What means of
Congressional oversight will be created to prevent abuse and what means of
public reporting will there be to ensure that the public is fully informed
about these activities be established?
- For what period of
time does the Attorney General anticipate the FBI will operate with this
authority?
We would be
pleased to work with you and your staff on this
important
matter.
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SIGN-ONS
[through June 2, 2002]
Marc Rotenberg
Executive
Director
Electronic
Privacy Information Center
Kareem Shora
Legal Advisor
American-Arab
Anti-Discrimination Committee (ADC)
Marv Johnson
Legilative
Counsel
American Civil
Liberties Union
Majed Jafari
Director,
Government Relations
Arab American
Institute
Margaret Fung
Executive
Director
Asian American
Legal Defense and Education Fund
Jane M. Orient
Executive
Director
Association of
American Physicians & Surgeons
Kent Pollock
Executive
Director
California
First Amendment Coalition
James
X.Dempsey
Deputy
Director
Center for
Democracy and Technology
Jeff Chester
Executive
Director
Center for
Digital Democracy
Kate Martin
Director
Center for
National Security Studies
Rev. Patrick
J. Mahoney
Christian
Defense Coalition
Ken McEldowney
Executive
Director
Consumer
Action
Jason Erb
Director,
Governmental Relations
Council on
American-Islamic Relations
Lee Tien
Senior Staff
Attorney
Electronic
Frontier Foundation
Steven
Aftergood
Project
Director
Federation of
American Scientists
Florence C.
Kimball
Legislative
Education Secretary
Friends
Committee on National Legislation
David J.
Theroux
Founder and
President
The
Independent Institute
Elisa
Massimino
Director,
Washington office
Lawyers
Committee for Human Rights
James Landrith
Editor &
Publisher
The
Multiracial Activist
Beth Givens
Executive
Director
Privacy Rights
Clearinghouse
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