November, 17 2010, 03:15pm EDT
FBI Pushes for Expanded Wiretapping Capabilities
ACLU Renews Its Warning of Potential Abuse
WASHINGTON
According to a report in The New York Times today, the FBI is lobbying technological companies including Google and Facebook to win support for an Obama administration proposal to expand its Internet wiretapping capabilities. The administration is urging Congress to revise the Communications Assistance to Law Enforcement Act (CALEA), claiming that law enforcement needs to keep pace with technological changes. The original law, passed in 1994, compels telecommunications and broadband companies to make their services wiretap-ready.
Today's report states that the administration is hoping to submit proposed legislation to Congress early next year to overhaul CALEA in order to ensure telecommunications companies' networks can be wiretapped as soon as they receive a government order. According to today's report, the proposal could also mandate that any communications service based overseas ensure its communications are routed through an American server so that the government is able to collect and wiretap those communications.
The American Civil Liberties Union warned that the administration's proposal could grant the government the means for extensive surveillance and is urging Congress to reject any proposal that does not protect Americans' privacy and civil liberties.
The following can be attributed to Laura W. Murphy, Director of the ACLU Washington Legislative Office:
"It is important to realize that this proposal isn't simply applying the same sort of wiretap system we have for phones to the Internet; it would require reconfiguring and changing the nature of the Internet. We remain very concerned that this proposal is a clear recipe for abuse and will make it that much easier for the government to gain access to our most personal information. Americans should not simply surrender their privacy and other fundamental values in the name of national security. We strongly encourage Congress to not simply rubberstamp this proposal that will grant the government the ability to conduct broad surveillance on innocent Americans."
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Biden Commutes 1,500 Sentences and Issues 39 Pardons—But Leaves 40 People on Death Row
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives," Democratic Rep. Ayanna Pressley said earlier this week.
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U.S. President Joe Biden on Thursday announced that he is commuting the sentences of nearly 1,500 Americans and pardoning 39 people convicted of nonviolent crimes, a move the White House described as "the largest single-day grant of clemency in modern history."
But the president's sweeping use of his clemency power as his term nears its conclusion did not appear to extend to any of the 40 men currently on death row—some of whom have been there for decades.
According to a White House fact sheet, those who received commutations "have been serving their sentences at home for at least one year under the Covid-era CARES Act," a law that extended the amount of time in which people could be placed in home confinement to reduce the spread of the virus in prisons.
The White House did not name those who received pardons or commutations but said the list includes a "decorated military veteran," a "nurse who has led emergency response for several natural disasters," and "an addiction counselor who volunteers his time to help young people find their purpose."
The Biden Justice Department paused federal executions in 2021, but President-elect Donald Trump pledged on the campaign trail to expand the use of the death penalty and is expected to allow the executions of the 40 men on death row to take place if they're still there when he takes office next month.
In a statement on Thursday, Biden said that he has "the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses."
"That is why, today, I am pardoning 39 people who have shown successful rehabilitation and have shown commitment to making their communities stronger and safer," the president said. "I am also commuting the sentences of nearly 1,500 people who are serving long prison sentences—many of whom would receive lower sentences if charged under today’s laws, policies, and practices. These commutation recipients, who were placed on home confinement during the Covid pandemic, have successfully reintegrated into their families and communities and have shown that they deserve a second chance."
Biden, who campaigned on ending the death penalty at the federal level, vowed to "take more steps in the weeks ahead" as his administration reviews clemency petitions, leaving open the possibility of commutations for death row prisoners.
But he's running out of time, human rights organizations, religious leaders, former federal judges, and progressive lawmakers have warned in recent days as they've ramped up pressure on Biden to act.
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Reps. Mark Pocan (D-Wis.) and Barbara Lee (D-Calif.), co-chairs and co-founders of the Defense Spending Reduction Caucus, said in a joint statement, "Time and time again, Congress seems to be able to find the funds necessary to line the pockets of defense contractors while neglecting the problems everyday Americans face here at home."
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