2001
January
Presidential directive delays indefinitely the scheduled
release of presidential documents (authorized by the Presidential
Records Act of 1978) pertaining to the Reagan-Bush administration.
Link
Bush and Cheney begin process of radically broadening
scope of documents and information which can be deemed
classified.
Link
February
The National Security Agency (NSA) sets up Project
Groundbreaker, a domestic call monitoring program infrastructure.
Link
Spring
Bush administration order authorizes NSA monitoring
of domestic phone and internet traffic.
Link
May
US Supreme Court rules that medical necessity is not
a permissible defense against federal marijuana statutes.
Link
September
In immediate aftermath of 9-11 terror attacks, Department
of Justice authorizes detention without charge for any
terror suspects. Over one thousand suspects are brought
into detention over the next several months.
Link
(pdf)
October
Attorney General John Ashcroft announces change in
Department of Justice (DOJ) policy. According to the new
policy DOJ will impose far more stringent criteria for
the granting of Freedom of Information Act requests.
Link
September-October
NSA launches massive new database of information on
US phone calls.
Link
October
The USA Patriot Act becomes law. Among other things
the law: makes it a crime for anyone to contribute money
or material support for any group on the State Department’s
Terror Watch List, allows the FBI to monitor and tape
conversations between attorneys and clients, allows the
FBI to order librarians to turn over information about
patron’s reading habits, allows the government to conduct
surveillance on internet and email use of US citizens
without notice. The act also calls for expanded use of
National Security Letters (NSLs), which allow the FBI
to search telephone, email and financial records of US
citizens without a court order, exempts the government
from needing to reveal how evidence against suspected
terrorists was obtained and authorizes indefinite detention
of immigrants at the discretion of law enforcement and
immigration authorities.
NJ Superior court judge and civil liberties scholar
Anthony Napolitano, author of A Nation of Sheep, has described
the law’s assault on first and fourth amendment principles
as follows, “The Patriot Act’s two most principle constitutional
errors are an assault on the Fourth Amendment, and on
the First. It permits federal agents to write their own
search warrants [under the name “national security letters”]
with no judge having examined evidence and agreed that
it’s likely that the person or thing the government wants
to search will reveal evidence of a crime… Not only that,
but the Patriot Act makes it a felony for the recipient
of a self-written search warrant to reveal it to anyone.
The Patriot Act allows [agents] to serve self-written
search warrants on financial institutions, and the Intelligence
Authorization Act of 2004 in Orwellian language defines
that to include in addition to banks, also delis, bodegas,
restaurants, hotels, doctors' offices, lawyers’ offices,
telecoms, HMOs, hospitals, casinos, jewelry dealers, automobile
dealers, boat dealers, and that great financial institution
to which we all would repose our fortunes, the post office.
Link
1 |
Link
2
November
Executive order limits release of presidential documents.
The order gives incumbent presidents the right to veto
requests to open any past presidential records and supercedes
the congressionally passed law of 1978 mandating release
of all presidential records not explicitly deemed classified.
Link
2002
Winter
FBI and Department of Defense (DOD), forbidden by
law from compiling databases on US citizens, begin contracting
with private database firm ChoicePoint to collect, store,
search and maintain data.
Link
Spring
Secret executive order issued authorizing NSA to wiretap
the phones and read emails of US citizens.
Link
Spring
Transportation Security Adminstration (TSA) acknowledges
it has created both a “No Fly” and a separate “Watch”
list of US travelers.
Link
May
Department of Justice authorizes the FBI to monitor
political and religious groups. The new rules permit the
FBI to broadly search or monitor the internet for evidence
of criminal activity without having any tips or leads
that a specific criminal act has been committed.
Link
June
Supreme Court upholds the right of school administrators
to conduct mandatory drug testing of students without
probable cause.
Link
November
Homeland Security Act of 2002 establishes separate
Department of Homeland Security. Among other things the
department will federally coordinate for the first time
all local and state law enforcement nationwide and run
a Directorate of Information and Analysis with authority
to compile comprehensive data on US citizens using public
and commercial records including credit card, phone, bank,
and travel. The department also will be exempt form Freedom
of Information Act disclosure requirements. The Homeland
Security department’s jurisdiction has been widely criticized
for being nebulously defined and has extended beyond terrorism
into areas including immigration, pornography and drug
enforcement.
Link
1 |
Link
2
2003
February
Draft of Domestic Security Enhancement Act (aka Patriot
Act 2), a secret document prepared by the Department of
Justice is leaked by the Center for Public Integrity.
Provisions of the February 7th draft version included:
Removal of court-ordered prohibitions against police
agencies spying on domestic groups.
The FBI would be granted powers to conduct searches
and surveillance based on intelligence gathered in foreign
countries without first obtaining a court order.
Creation of a DNA database of suspected terrorists.
Prohibition of any public disclosure of the names
of alleged terrorists including those who have been arrested.
Exemptions from civil liability for people and businesses
who voluntarily turn private information over to the government.
Criminalization of the use of encryption to conceal
incriminating communications.
Automatic denial of bail for persons accused of terrorism-related
crimes, reversing the ordinary common law burden of proof
principle. All alleged terrorists would be required to
demonstrate why they should be released on bail rather
than the government being required to demonstrate why
they should be held.
Expansion of the list of crimes eligible for the death
penalty.
The United States Environmental Protection Agency
would be prevented from releasing "worst case scenario"
information to the public about chemical plants.
United States citizens whom the government finds to
be either members of, or providing material support to,
terrorist groups could have their US citizenship revoked
and be deported to foreign countries.
Although the bill itself has never (yet) been advanced
in congress due to public exposure, some of its provisions
have become law as parts of other bills. For example The
Intelligence Authorization Act for Fiscal Year 2004 grants
the FBI unprecedented power to obtain records from financial
institutions without requiring permission from a judge.
Under the law, the FBI does not need to seek a court order
to access such records, nor does it need to prove just
cause.
Link
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Link
2
March
Executive order issued which radically tightens the
declassification process of classified government documents,
as well as making it far easier for government agencies
to make and keep information classified. The order delayed
by three years the release of declassified government
documents dating from 1978 or earlier. It also allowed
the government to treat all material sent to American
officials from foreign governments -- no matter how routine
-- as subject to classification, and expanded the ability
of Central Intelligence Agency (CIA) to shield documents
from declassification. Finally it gave the vice president
the power to classify information.
Link
1 |
Link
2
March
In a ruling seen as a victory for the concentration
of ownership of intellectual property and an erosion of
the public domain, the Supreme Court in Eldred v. Ashcroft
held that a 20-year extension of the copyright period
(from 50 years after the death of the author to 70 years)
called for by the Sonny Bono copyright Extension not violate
either the Copyright Clause or the First Amendment.
Link
April
In Demore v. Kim, the Supreme Court ruled that even
permanent residents could be subject to mandatory detention
when facing deportation based on a prior criminal conviction,
without any right to an individualized hearing to determine
whether they were dangerous or a flight risk.
Link
Fall
The FBI changes its traditional policy of destroying
all data and documents collected on innocent citizens
in the course of criminal investigations. This information
would, according to the bureau, now be permanently stored.
Two years later in late 2005 Executive Order 13388, expanded
access to those files for "state, local and tribal" governments
and for "appropriate private sector entities," which are
not defined.
Link
1 |
Link
2
Fall
As authorized by the Patriot Act, the FBI expands
the practice of national security letters. NSLs, originally
introduced in the 1970s for espionage and terrorism investigations,
enabled the FBI to review in secret the customer records
of suspected foreign agents. This was extended by the
Patriot Act to include permitting clandestine scrutiny
of all U.S. residents and visitors whether suspected of
terrorism or not.
Link
2004
January
The FBI begins keeping a database of US citizens based
on information obtained via NSLs.
Link
Spring
John Ashcroft invokes State Secrets privilege to forbid
former FBI translator Sibel Edmunds from testifying in
a case brought by families of victims of the 9-11 attacks.
Litigation by 9-11 families is subsequently halted.
Link
1 |
Link
2
June
Supreme Court upholds Nevada state law allowing police
to arrest suspects who refuse to provide identification
based on police discretion of “reasonable suspicion.”
Link
2005
January
Supreme court rules that police do not need to have
probable cause to have drug sniffing dogs examine cars
stopped for routine traffic violations.
Link
1 |
Link
2
June
Supreme Court rules that the federal government can
prosecute medical marijuana users even in states which
have laws permitting medical marijuana.
Link
Summer
The Patriot Act, due to expire at the end of 2005,
is reauthorized by Congress.
Link
Winter 2005
Senate blocks reauthorization of certain clauses in
Patriot Act.
Link
2006
March
Senate passes amended version of Patriot Act, reauthorization,
with three basic changes from the original including:
recipients of secret court orders to turn over sensitive
information on individuals linked to terrorism investigations
are not allowed to disclose those orders but can challenge
the gag order after a year, libraries would not be required
to turn over information without the approval of a judge,
recipients of an FBI "national security letter" -- an
investigator's demand for access to personal or business
information -- would not have to tell the FBI if they
consult a lawyer. New bill also said to extend Congressional
oversight over executive department usage guidelines.
Shortly after bill is signed George Bush declares oversight
rules are not binding.
Link
1 |
Link
2
June
Supreme court rules that evidence obtained in violation
of the “knock and announce” rules can still be permitted
in court.
Link
September
US Congress and Senate approve the Military Commissions
Act, which authorizes torture and strips non- US citizen
detainees suspected of terrorist ties of the right of
habeas corpus (which includes formal charges, counsel
and hearings). It also empowers US presidents at their
discretion to declare US citizens as enemy combatants
and subject to detention without charge or due process.
Link
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Link
2 |
Link
3
October
John Warner Defense Authorization Act is passed. The
act allows a president to declare a public emergency and
station US military troops anywhere in America as well
as take control of state based national guard units without
consent of the governor or other local authorities. The
law authorizes presidential deployment of US troops to
round-up and detain “potential terrorists”, “illegal aliens”
and “disorderly” citizenry.
Link
1 |
Link
2
2007
May
National Security Presidential Directive 51 (NSPD-51)
establishes a new post-disaster plan (with disaster defined
as any incident, natural or man-made, resulting in extraordinary
mass casualties, damage or disruption) which places the
president in charge of all three branches of government.
The directive overrides the National Emergencies Act which
gives Congress power to determine the duration of a national
emergency.
Link
1 |
Link
2
June
In “Bong Hits for Jesus” case Supreme court rules
that student free speech rights do not extend to promotion
of drug use.
Link
July
Executive Order 13438: "Blocking Property of Certain
Persons Who Threaten Stabilization Efforts in Iraq, issued.
The order asserts the government’s power to confiscate
the property “of persons determined to have committed,
or to pose a significant risk of committing, an act or
acts of violence that have the purpose or effect of threatening
the peace or stability of Iraq or the Government of Iraq
or undermining efforts to promote economic reconstruction
and political reform in Iraq or to provide humanitarian
assistance to the Iraqi people."
October
The Violent Radicalization and Homegrown Terrorism
Act passes the House of Representatives 400 to 6 (to be
voted on in the Senate in 2008). The act proposes the
establishment of a commission composed of members of the
House and Senate, Homeland Security and others, to "examine
and report upon the facts and causes of violent radicalization,
homegrown terrorism, and ideologically based violence
in the United States” and specifically the role of the
internet in fostering and disseminating extremism. According
to the bill the term `violent radicalization' means the
process of adopting or promoting an extremist belief system
for the purpose of facilitating ideologically based violence
to advance political, religious, or social change, while
the term 'ideologically-based violence' means the use,
planned use, or threatened use of force or violence by
a group or individual to promote the group or individual's
political, religious, or social beliefs.”
Link
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Link
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Link
3
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