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Privacy Advocates Seek More Openness on NSA Surveillance

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This June 6, 2013 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md. President Barack Obama is hosting a series of meetings this week with lawmakers, privacy advocates and intelligence officials as he nears a final decision on changes to the government's controversial surveillance programs.  (AP Photo/Patrick Semansky, File)

This June 6, 2013 file photo shows the sign outside the National Security Agency (NSA) campus in Fort Meade, Md. (AP Photo/Patrick Semansky, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — As Congress considers whether to extend the life of a program that sweeps up American phone records, privacy advocates and civil liberties groups say too much about government surveillance remains secret for the public to fully evaluate the program’s reach or effectiveness.

The disclosure two years ago of the National Security Agency’s surveillance efforts prodded the federal government to declassify reams of once-secret documents, including opinions from a secretive intelligence court laying out the program’s origins and legal underpinnings. But critics say key language from the disclosed documents remains censored, the release of information has been selective, and the ongoing trickle of once-secret memos has raised concerns about how many other potentially illuminating documents might yet remain outside the public’s reach.

“That means the public lacks information it needs to understand the significance of the powers that government already has and the significance of the powers that the government is asking for,” said Jameel Jaffer, deputy legal director of the American Civil Liberties Union.

The NSA program that collects and stores phone records is conducted under Section 215 of the USA Patriot Act. The extent of its reach remained secret until Edward Snowden, a former NSA systems administrator, disclosed details of the surveillance in 2013. Amid a public backlash, President Barack Obama has proposed that the NSA stop collecting the records in bulk and instead request them from phone companies as needed for terrorism investigations. Congress is now deciding whether to renew or modify the phone records collection when the law authorizing it expires in June. Legislation is expected to be unveiled Wednesday in the House.

Intelligence officials say the program — it collects the “to” and “from” information on phone calls but not their content — is critical to detecting terrorist plots and have sought to justify it through the ongoing declassification of materials, including from the Foreign Intelligence Surveillance Court. Among documents released are court opinions outlining how the NSA was first authorized to start collecting bulk phone and Internet records in the hunt for al-Qaida terrorists, previously classified testimony from intelligence officials and NSA analyst training materials.

The disclosures far surpass available public information on other secret programs such as targeted drone strikes against terror suspects. But there are gaps in the information that privacy advocates say prevent the public from being able to fully judge the program’s effectiveness, including the extent to which Section 215 has been construed to allow for other types of bulk collection. Knowing how the government interprets its surveillance authorities, and how broadly they reach, is critical, advocates say.

“If the government is asking for the renewal of this authority, the public has a right to know at least in general terms how the authority is being used, and right now the public doesn’t have that,” Jaffer said.

Last month, a federal judge in New York held in a public records lawsuit that the government could lawfully withhold any secret ruling regarding the use of Section 215 to collect records other than bulk phone records. The judge, William Pauley, said the government had “offered a reasoned and persuasive argument for withholding” information that should not be second-guessed. In that same case, the Justice Department last year released a couple dozen surveillance court rulings but refused to turn over unspecified others, the exact number of which it said was classified.

The government continues to pull back the curtain with periodic new disclosures, such as the Justice Department’s release in January of a 5-year-old memo that said the Commerce Department was not obligated under Section 215 to turn over confidential census data to federal law enforcement. But such disclosures, though welcomed by civil liberties groups, also hint at how much might still be unknown.

The NSA program has also highlighted broader concerns about what privacy advocates say is the federal government’s overreliance on secretive court rulings and classified legal memos. Sen. Ron Wyden, D-Ore., a member of the Senate Intelligence Committee who opposes the bulk phone records collection, said while he believed the government had released enough information about the law — albeit under pressure — for an informed debate, he was nonetheless concerned about the role of secret legal interpretations.

Though intelligence agencies should be able to conduct secret operations, he said, “they shouldn’t be following secret law.”

Stephen Vladeck, an American University law professor, said it was possible that the debate about the phone records program distracts attention from other surveillance efforts that are perhaps more secretive, such as Executive Order 12333, which authorizes foreign intelligence collection overseas without a court order. He also said he thought the government had provided substantial information about what information it was collecting, but was less forthcoming about how that information was used.

“The conversation about collection and a conversation about use are very different conversations,” he said. “And to have one without the other is to, I think, underappreciate the privacy consequences of each.”

Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, said it was impossible to know how much information might be out there absent a complete index of how many memos, opinions or court orders even exist.

“We shouldn’t be satisfied that we know everything” because, Goitein said, “we have no way to assess that we know everything.”

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Black History

Oakland Protesters Rally to Defend Haitian Immigrants and TPS

The Haiti Action Committee traces its roots to the international movement that emerged following Haiti’s 1991 military coup, which overthrew the nation’s first democratically elected president, Jean-Bertrand Aristide. Political violence sent thousands of Haitians fleeing the country, while U.S. policies resulted in refugees being intercepted at sea, repatriated, or detained at Guantanamo Bay.

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Activists Gerald Smith and Romaine Charite at 14th and Broadway in downtown Oakland near City Hall protest in support of Haitian immigrant rights. Photo by Carla Thomas

Protesters gathered in downtown Oakland near City Hall at 14th Street and Broadway on Thursday, Aug. 13, calling for protections for Haitian immigrants and an end to deportation policies affecting Haitian communities across the United States.

Organized as a call to action by the Legalization for All Network and supported by the Haiti Action Committee and other community organizations, the demonstration carried a clear message: Defend TPS! Legalization, Not Deportation!”

Participants focused attention on the termination of Temporary Protected Status, or TPS, for Haiti and immigration policies protesters described as continuing attacks on Haitian immigrants under the Trump administration.

Haitian Romaine Charite of the Freedom Road Socialist Organization urged demonstrators to stand with Haitian families and led chants:

“When Haitians are under attack, what do we do? We fight back.”

Injustice to one is an injustice to us all.”

“Dump Trump!”

Charite and other protesters condemned the federal government’s treatment of Haitian immigrants, describing the policies as an attack on a population already facing extraordinary hardship.

Haiti’s TPS designation was terminated effective July 27, 2026, removing temporary deportation protections and work authorization for hundreds of thousands of Haitian beneficiaries who lacked another legal basis to remain in the United States.

Gerald Smith, a protester and former member of the Black Panther Party during the 1970s, said Haitians were being unfairly targeted and warned that ending TPS would have a devastating impact on Haitian families and communities.

“These policies are racially motivated and unfair,” Smith said. “Everyone deserves the right to self-determination and protection from persecution.”

The Haiti Action Committee cited the continuing political, economic and humanitarian crisis in Haiti as evidence that returning large numbers of immigrants to the country could place already vulnerable people at greater risk.

The Oakland gathering, which drew about 20 participants, reflected a decades-long history of Bay Area activism surrounding Haitian democracy, refugee rights and U.S. immigration policy.

The Haiti Action Committee traces its roots to the international movement that emerged following Haiti’s 1991 military coup, which overthrew the nation’s first democratically elected president, Jean-Bertrand Aristide. Political violence sent thousands of Haitians fleeing the country, while U.S. policies resulted in refugees being intercepted at sea, repatriated or detained at Guantanamo Bay.

Those policies sparked protests involving Haitian communities, Black activists, artists, college students, churches, labor organizations and human rights advocates. Prominent figures, including dancer and activist Katherine Dunham, tennis champion Arthur Ashe, and TransAfrica leader Randall Robinson, joined campaigns challenging the treatment of Haitian refugees.

In 1992, Haiti Action Committee joined other Bay Area organizations in a dramatic demonstration on San Francisco Bay. Boats carrying Haitian participants were intercepted by the U.S. Coast Guard while supporters gathered along the waterfront and reportedly chanted, “Let Them Land!”

More than three decades later, protesters have returned to the streets of Oakland, centering on protecting Haitian immigrants, opposing deportation and pressing for immigration policies that provide families with a pathway toward permanent legal residency.

For more information, visit Haitisolidarity.net.

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Community

First 5 Alameda County Celebrates First Year of Measure C’s Implementation

Measure C, a community-led and voter-approved half-cent sales tax, was designed to generate approximately $150 million annually for early care and education. During its first year, the initiative reached more than 20,000 children and supported more than 6,400 early educators and caregivers throughout the county.

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Alameda County Supervisor Nikki Fortunato Bas (left) with Community Advisory Councilmember and childcare provider Nancy Harvey. Photo by Carla Thomas.

First 5 Alameda County marked the first anniversary of the impact of Measure C with a community celebration Friday, Aug. 7, at Children’s Fairyland in Oakland, highlighting more than $135 million invested to strengthen early childhood education, families and caregivers across Alameda County.

The celebration brought together families, educators, caregivers, advocates, elected officials and community leaders for an evening of music, cultural performances, and children’s activities. 

“Oakland is on the move,” said Oakland Mayor Barbara Lee, commending all the advocates who helped win the victory for early childhood education and their providers.

Measure C, a community-led and voter-approved half-cent sales tax, was designed to generate approximately $150 million annually for early care and education. During its first year, the initiative reached more than 20,000 children and supported more than 6,400 early educators and caregivers throughout the county.

First 5 Alameda County CEO Kristin Spanos said, “In the first 10 months of Measure C being available after the Board of Supervisors adopted the 5-year plan, we’ve had over $135 million put directly into the community supporting children and providers with emergency grants, investments, and stipends.”

First 5 Alameda County, the public agency responsible for administering Measure C, focused on quickly moving voter-approved dollars into local communities while developing partnerships, accountability measures, and infrastructure intended to create long-term impact.

Alameda County District 5 Supervisor Nikki Fortunato Bas: “We’re celebrating the first year of getting money into families’ pockets and childcare providers’ pockets. This is about deploying very vital resources over the course of five years. It’s a billion-dollar impact.”

Community Advisory Council member Nancy Harvey said, “We are totally excited. It was a 10-year fight, and we fought tooth and nail. We had so much support from County Supervisors Nate Miley and Nikki Fortunato Bas, the unions, and the late Supervisor Wilma Chan. This is a historic event – people are watching Measure C all over the nation.” 

Harvey explained that small childcare providers received a $40,000 grant, and larger providers received a $50,000 grant. 

Childcare advocate and provider Lisa Zarodney of Livermore said, “When I got my emergency funds, I was about to close. The stipend allowed me to continue through 2026 and get all the babies on my wait list.” 

In business for 27 years, Zarodney said she is now caring for the children of past clients. 

“I couldn’t continue my legacy, my dream, and my passion without the funding from Measure C.”

Harvey emphasized that he next leg of the fight is to ensure workers have a sustainable wage. 

“We are now pushing to raise the wage of workers to $25 to keep doors open and people employed,” she said.

First 5 Alameda County’s vision is to build an integrated and equity-centered early childhood system supporting children, families, and communities regardless of race, income, or neighborhood. As administrator of Measure C, the agency has worked to expand access to early care and education, strengthen family stability, and support the providers and caregivers families rely upon.

Through Measure C and partnerships with initiatives including the Oakland Children’s Initiative, First 5 Alameda County has sought to reduce fragmented services and better coordinate public resources.

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Commentary

From Palestine to Oakland: Seeds for Liberation Examines Shared Struggles for Freedom

The screening was hosted by the East Bay Democratic Socialists of America and the Dr. Huey P. Newton Foundation. Following the film, director Matthew Solomon joined local community leaders for a discussion about solidarity, resistance, and the historical connections explored throughout the documentary.

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Documentary film, "Seeds for Liberation," highlights the Palestinian struggle and the shared fight for freedom and liberation in the United States and abroad. Graphic courtesy of www.seedsforliberationmovie.com

Community members gathered at the Black Panther Party Museum on Saturday, Aug. 15, in downtown Oakland for a screening of “Seeds for Liberation,” an award-winning documentary examining the Palestinian liberation movement and its connections to Black, Chicano and other movements for collective liberation.

The film reveals the face of conflict, struggle, and injustice today and yesterday. In one scene, a bleeding child pleads for help on a shell-shattered rooftop after a bombing in the Gaza Strip last year. In another scene, newly freed Nelson Mandela addresses thousands at the Oakland Coliseum in 1990, at the end of apartheid.

The screening was hosted by the East Bay Democratic Socialists of America and the Dr. Huey P. Newton Foundation. Following the film, director Matthew Solomon joined local community leaders for a discussion about solidarity, resistance, and the historical connections explored throughout the documentary. 

Directed by Solomon and executive-produced by Donna Hadjikhani and Alana Hadid, “Seeds for Liberation” situates Palestinian experiences within the broader history of anti-imperialist and decolonial movements.

Through interviews with historians, legal scholars, activists and organizers, the documentary examines Palestinian resistance. It also details the role of social media in shaping the public’s understanding of the impact of Palestine’s 77-year occupation by Israeli forces, events in Gaza and the West Bank, and relationships between liberation movements across generations and geographic boundaries.

The film includes perspectives of people connected to the Black Liberation Army, La Raza Unida and the Stop Cop City movement. Those featured talk about colonialism, U.S. foreign policy, policing, racial justice and their views of what solidarity with Palestinians has meant.

Solomon developed the documentary following his previous film, “Reimagining Safety,” which explored alternatives to traditional policing.

“I use film as a medium to connect personal testimony with larger social and political questions,” said Solomon, who is currently touring the film across the nation as well as Canada and other countries.

Executive producer Hadjikhani brought a personal connection to the project. An Iranian American designer and social justice advocate, she traveled to Gaza and the West Bank as a college student in 1993 during the First Intifada. Hadid has since focused on Palestinian stories and other underrepresented voices.

The Oakland screening carried added historical significance because it was held in the Black Panther Party Museum, where the history of Black resistance and community organizing provided a backdrop for the film’s examination of interconnected struggles.

Activist and artist Cat Brooks passionately spoke about the fight for the freedom of all people. “No one is free until everyone is free,” she said.

Brooks played a key role in the struggle for justice for Oscar Grant, who was gunned down by a BART police officer in 2009 and is co-founder of the Anti Police-Terror Project (APTP), whose mission is to rapidly respond to and ultimately eradicate state violence in communities of color. 

Rather than treating liberation movements as isolated chapters, “Seeds for Liberation” asks audiences to consider how movements separated by time, race and geography have influenced one another and how solidarity has continued to evolve across generations. 

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