Trading our Civil Liberties for the Illusion of Security

(February 2007)

Jeff Feuer and Damon Thomas, issue editors, write:

In this issue of Mass Dissent, we analyze some of the effects that the events of Sep. 11, 2001 have had on our civil liberties and privacy rights, particularly in the area of government surveillance and intrusion into our ordinary daily activities. Attack on civil liberties, done in the name of keeping us “safe” from “terrorist” attacks, have increased dramatically over the last six years, while at the same time the government (on all levels) has all but ignored the actual safety and security recommendations of the 9-11 Commission.

There were numerous illegal mass arrests in violation of the First Amendment during anti-war and IMF/World Bank protests in Washington, D. C. in 2002, during the FTAA demonstrations in Miami in 2003, and at the Republican Nat’l Convention in New York in 2004. Police departments around the country have been seeking modification of consent decrees that had limited their “Intelligence Squads” from spying on lawful political activities. See, e.g., Handschu v. Special Services Div., 288 F.Supp.2d 411 (S.D.N.Y. 2003). A secret court has rubber stamped requests for electronic surveillance warrants, and the Bush Administration sidesteps even those minimal judicial controls by conducting a massive warrantless domestic surveillance program. But we have begun to fight back.

The National Security Agency’s electronic surveillance program has been challenged by a group of lawyers from the Center for Constitution Rights and the NLG, including our own Michael Avery. Our first article examines the legal basis for that challenge, the current status of the lawsuit and the effect it has already had on the government’s ability to conduct warrantless surveillance of communications. David Kelston examines the frightening growth of the courts’ allowance of warrantless searches, without any probable cause, of large masses of people, based on the “special needs” exception to the warrant and probable prerequisites normally required before the police can search people. Jeff Feuer looks at how the MBTA’s recently instituted policy of searching carry-on items of passengers on the subway and commuter rail lines is being fought because it promotes an atmosphere of fear and intimidation with no real increase in security. Finally, Damon Thomas sharply criticizes President Bush’s “signing statement” of December 20, 2006, in which he claimed sweeping new authority for the government to open and read our citizen’s mail without a warrant.

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