Restore the Fourth rally on the Federal Building, NY

It’s the Fourth of July, and we’re fighting for our civil liberties.

— me, in 2008, to the Senator Obama – Please, No Telecom Immunity and Get FISA Right mailing list

Five years later, grassroots civil liberties activism on social networks is back and better then ever.  Back in 2008, we were organizing online, trying to stop the disastrous FISA Amendment Act, and Barack Obama had just responded to our open letter.  We lost that battle, but the fight goes on … and today it went to the next level at Restore the Fourth‘s rallies across the country:

New York

• In New York, 500+ people filled four blocks.
• DC featured an all-star cast of speakers, 400+ people, and 20 news organizations.
• In SF, the 300+ people wound up the rally at 611 Folsom, the home of the famed room 641A.
• The Salt Lake City rally ended with a march on the NSA’s Utah data center.
• People turned out in Raleigh, Charlotte, Portsmouth, Louisville, Rochester, Boston (tweeted by the state police), the Alamo (!), Kansas City, Cedar Rapids, Philadelphia, Denver, Wichita, Birmingham (with a ton of local press) Syracuse, LA, Dallas, Atlanta, Tulsa, Gainesville, Harrisburg, Carson City, Reno, Chicago, Portland, Austin, Midland, San Diego, Saint Louis, Indianapolis, Fort Lauderdale, Tampa, Sacramento, Minneapolis, Buffalo, Iowa City, Asbury Park, Houston, Hartford, Chattanooga, Huntington Beach, Savannah, Tempe, Pittsburgh, Las Vegas, Cleveland, Seattle, Redmond, Lansing, Bozeman, Missoula, Olympia, …
• Coverage on NBC, Fox News, The Atlantic, Reuters, CNN, CNET, Mashable, CBC, the Christian Science Monitor, the Times of India, Buzzfeed (with the “40 best signs“) and dozens of local TV stations and papers.  Update, July 5: more from the Washington Post, the Guardian, ThinkProgress, VentureBeat, Firedoglake, Newsmax, Hullabaloo,  All Things D, Nextgov, an AP video, RT, the Daily Caller, the Sydney Morning Herald, US News and World Report, and Vice.

How cool is that?

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Cross-posted on Get FISA Right

Get FISA Right started on June 26, 2008, with posts by Mardi S on my.barackobama.com and Mike Stark on Open Left. We were the first high-profile grassroots social network activism campaign in the US and got enough attention that Obama responded to our open letter. Still, we and our allies lost that battle over the disastrous FISA Amendments Act. And since then, it’s been more of the same.

Five more years of the NSA vacuuming up our phone and internet information.

Five more years without meaningful oversight.

Five more years of evasion and outright lies in Congressional testimony.

Five more years of secret court rulings.

Five more years of legal maneuvering to try to prevent EFF, ACLU, or anybody else from challenging the laws’ constitutionality.

Five more years of Patriot Act and FISA reauthorization.

Happy f—ing birthday.

But after the firestorm of publicity in response to the recent leaks, I’m increasingly optimistic that momentum is building for a change.

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With less than two weeks left to comment on the ‘nude body scanners’ in airports — and civil liberties on the front pages — it’s time for a final push to get the word out.  So a loose coalition of grassroots volunteers and privacy and civil liberties organizations is calling for a “Day of Action” on Monday June 17.  If you’re sick and tired of wasting billions of dollars and giving up your rights and dignity whenever toy fly, read on for how you can help — and why it matters.

Effective comments – and why they matter

Back in 2010, EPIC sued the Department of Homeland Security to prevent the “advanced imaging technology” (aka nude body scanners) from being used as primary screening in airports.   The court ruled against them on most counts, but agreed that the TSA had violated the law by failing to get public feedback before introducing the machines.  The TSA finally started the ‘rulemaking process’ in March this year, and the deadline is on June 24.

People and organizations can submit comments online via regulations.gov, or by FAX or mail (see the first comment for information on FAX and mail).  The number of comments sent in to the TSA matter. If the TSA doesn’t get a lot of comments, they’ll say it shows that most people don’t have any problem with the body scanners or TSA’s other security procedures. But if there’s a much more vocal response, it’s much harder for the TSA to ignore them – they’re required by law to reply to all the issues that are brought up in the commenting period.

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Airline passengers have been walking through full-body scanners for nearly five years, but only now are fliers getting a chance to officially tell the federal government what they think about the screening machines.

In response to a lawsuit, the U.S. Court of Appeals for the District of Columbia circuit ruled that the Transportation Security Administration could continue to use the scanners as a primary method of screening passengers. But the court ordered the TSA to give the public a 90-day comment period, which the agency did not do when it launched the scanning program.

The TSA began the comment period online in March, and so far it has been getting an average of 26 comments a day — nearly all of which blast the TSA and the scanners for a variety of reasons.

— Hugo Martin, Public Gets Chance to Comment on TSA’s Full-body scanners, LA Times, April 21

There are now over 4500 comments on regulations.gov, and sentiment continue to be overwhelmingly against the scanners.   There are so many reasons to oppose them, it’s hard to know where to start: rights, effectiveness, cost, fairness, culture … see the Twitter Privacy chat discussion or EPIC’s preliminary analysis (PDF) for more details.  So it’s a golden opportunity for the loose but broad coalition fighting for a more sensible and less abusive approach to airport security to get the word out about the commenting  period and encourage people to submit their own comments.

This is one of the situations where numbers are important.  If the TSA only gets a small number of comments, they’ll say it shows that most people don’t have any issues and it’s only a “tiny but vocal” minority who is complaining.  But if there are a lot of comments, it’s much harder for the TSA to ignore them (they’re required by law to reply to all the issues that are brought up in the commenting period).  A loud enough outcry is likely to get media coverage and maybe even help politicians realize that hey, there’s an issue here that can make them very popular with their constituents!

So to start with, please file your own comments.  The most effective comments use your own language, instead of cut-and-paste boilerplate.  EPIC recommends that commenters support “Regulatory Alternative #3″ (the use of walk through metal detectors and explosive trace detection devices), support the right of passengers to opt out, describe the devices as “Nude Body Scanners”, and include personal experiences.   See below for instructions on how to use the regulations.gov to submit comments — as well as how to send them in by FAX or mail if you prefer.

Once you’ve done that, here are a few easy ways you can help get the word out:

1. Share links on Facebook, Tumblr, Twitter, Google+, and whatever social networks you hang out on.  A few good links to share: EPIC’s summary page, the direct link to the “docket” on regulations.gov, and the Slashdot thread, articles from Mashable and the Verge, or this blog post!
2. Email links to people and mailing lists you think will be interested.
3. Look for tweets on the #tsacomments and #tsa hashtags (or from @TSAComments) and retweet them
4. Look for good comments on regulations.gov, and tweet them or share them on your favorite social networks.
5. If you blog, write a short post.   Consider including your comments (or at least excerpts from them), and make sure to include a link to the regulations.gov page.
6. Sign up for Reddit, and vote up TSA-related stories.  [Why Reddit?  It’s been a hotbed of activism on other civil liberties issues like SOPA and CISPA, and there’s a lot of political discussion there as well, so there are likely to be a lot of allies there.]

Question: what other suggestions do people have?

Both houses of Congress have passed the #NDAA codifying indefinite detention — and Obama’s happy with the language, so won’t be vetoing it.

Meanwhile even as I write this, the House is debating #SOPA.

Remember back in 2006-8 when the Bush Administration rammed through PATRIOT Act reauthorization and FISA? Obama was on the right side for a while — at least until July 2008, when he broke his promise to filibuster. Now, he’s continuing and building on Bush policies. Senator Chris Dodd was heroic on FISA; now, he’s working for the MPAA and using China’s internet policies as a blueprint for the US. And how about Patrick Leahy, bulwark of civil liberties — and co-sponsor of the Senate equivalent of SOPA?

It’s not that I think the Republicans are any better on the whole. Both parties have a few standouts on civil liberties — Wyden, Nadler, the Pauls. But on the whole, the political establishment continues to show itself remarkably unconcerned with Americans’ rights.

Here’s hoping that in 2012 we’ll start to do something about it.

Hot on the heels of last month’s joint San Francisco Youth and Entertainment Commission’s hearing on electronic dance music, we’re back with a sequel.   Now, in what Jim Harper of Cato calls a “jaw-dropping attack on privacy and free assembly“, the San Francisco Police Department has proposed onerous new conditions for permitting for all venues with more than 100 people.  For example:

3. All occupants of the premises shall be ID Scanned (including patrons, promoters, and performers, etc.). ID scanning data shall be maintained on a data storage system for no less than 15 days and shall be made available to local law enforcement upon request.

4. High visibility cameras shall be located at each entrance and exit point of the premises. Said cameras shall maintain a recorded data base for no less than fifteen (15 days) and made available to local law enforcement upon request.

Yikes!   As Deborah Pierce of Privacy Activism says, “We go to clubs to relax and spend time with friends. Knowing that all of your interactions are being recorded and that those images may be matched to your driver’s license information and handed over to the police at any time chills all manner of speech and association.” Yeah really.   And there are issues from the business perspective as well; on his Facebook profile, Save the Rave organizer Liam Shy summed it up as “Increased unnecessary burden/right to privacy conerns = fewer events, fewer folks attending events.”  Indeed.

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Two days after the San Francisco Youth and Entertainment Commission’s hearing on electronic dance music at San Francisco City Hall, Hillary posted the amended language of AB74 in the Save the Rave Facebook group.  It’s a huge change.  Instead of criminalizing all electronic dance music events over 3 1/2 hours long the way the original bill did, it’s now focused on ensuring that promoters have a safety plan — and it only applies to events with more than 1000 people on state properties.  And a lot of the specific requirements are very sensible, for example the health and safety section should cover “whether the promoter should provide free water, whether the promoter should prohibit any person under 18 years of age from attending the event, adequacy of ventilation, attendance capacity, and exit signs.”

Hmm … where have I heard that before?

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A broadly-recognized social network users’ bill of rights will be a huge step forward for online freedom and privacy. For me, and hundreds of millions of others, sites like Facebook, Twitter, tribe.net, and free-association are how I stay in touch with friends and family. As Voces Contra Las FARC, Barack Obama, #iranelection, and hundreds of other campaigns have shown, social network sites are also vital for political activism. And yet, today we the users of the sites have only minimal rights.

— me, in It’s time for a Social Network Users’ Bill of Rights, June 2010

Today’s SXSW panel Social Network Users’ Bill of Rights: You Decide is a great chance to rekindle the energy on the #billofrights (as we like to say on Twitter).   Panelists Christina Gagnier, Lisa Borodkin, and Jack Lerner all spoke at last year’s ACM Computers, Freedom, and Privacy conference last year when we crafted the document.*  Alex Howard of O’Reilly joins them.  Cool!  Check out the #snubor hashtag!

I like what CFP has done because I think they’ve covered all the bases, and they’ve done it with language that 95 percent of Web users can understand.

— Terry Sweeney, A Manifesto in the Name of Privacy, Internet Evolution

Since last June, the revolutions in Tunisia and Egypt have helped highlight the importance of social networks for political purposes, the Commerce Department has called for an online Privacy Bill of Rights — and ongoing news stories like A Chinese Activist and Mark Zuckerberg’s Dog continue to spotlight many social network sites’ challenges with free speech, and pseudonymity.  With this year’s CFP scheduled for Washington DC in mid-June, now’s a perfect time to get serious about organizing.

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The Center for Democracy and Technology is running a Twtpoll on the biggest privacy story of 2010. 

Vote early and often!

Then come back and read the rest of this post.

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See the final version here

Thanks to Adam, Jason, and Alem for the initial list; Sarah, tptacek, Locke1689, mahmud, Wayne, PeterH, Steve, and SonyaLynn for comments on the previous draft, and Damon for the wording on #7.

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“Fight for me!”
— a privacy-loving Facebook friend, wishing me luck at the conference

Here’s our opportunity to realize the promise of the Net that was so present in 1990s when CFP started.
— Deborah Pierce on the CFP blog

The program for this year’s Computers, Freedom, and Privacy conference is outstanding even by CFP’s high standards.  The mix of technology, legal, policy, and activism perspectives is particularly strong this year, and with the new administration and Washington DC location there’s significant involvement by government employees for the first time since the 1990s.  As well as CFP regulars like Jennifer Grannick, Jim Harper, Ed Felten, Nicky Ozer, Alessandro Acquisti, Stewart Baker, and Lillie Coney, speakers incude first-timers like Marcy Wheeler, Dori Maynard, Paul Ekman, Shireen Mitchell, Rebecca Mackinnon, Nancy Scola, and Ari Melber.  Don’t take my word for it — check out the program and prepare to be impressed.

Best of all, with streaming video, the #cfp09 Twitter backchannel ,* live-blogging, and a community wiki, the conference will be more accessible onine than every before.    Kudos to Katy Nelson of the ACLU and Robert Guerra of Freedom House for taking the lead with the video streaming, and to all the volunteers of the online visibility team for all the great work on the blog, Twitter, and Facebook.  The online schedule has details, we’ll do our best to keep the web site updated regularly, and the Twitter feed will be best way to keep up what’s going on.

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With over 90,000 members in the protest group on Facebook, EPIC (the Electronic Privacy Information Center) and other privacy organizations filing a complaint readying a complaint to file with the FTC, over 750 articles, and headlines like Facebook seems to have a trust problem, it’s not too surprising that Facebook decided to rethink their stance on the Terms of Service changes.

And sure enough, from Mark Zuckerberg’s Update on terms late last night:

Going forward, we’ve decided to take a new approach towards developing our terms. We concluded that returning to our previous terms was the right thing for now….

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