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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.

Business

OP-ED: Proposition 44 Would Put a Price on Trust

The danger in Proposition 44 is not only its 90 percent figure. It is that the meaning of “qualifying” spending will be worked out later. A clinic preparing a budget today may not know whether a navigator, health educator, transportation program, outreach worker, technology upgrade, or other patient-support service will be counted the way it expects. Yet the financial consequence of getting it wrong could be immediate.

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Oakland’s public conversation about health care must begin with a simple truth: a doctor’s appointment is not the same thing as access to care.

For a mother juggling work and child care, access may mean a text-message reminder, a bus pass, an evening appointment, or someone who can explain what Medi-Cal covers. For an older patient managing diabetes, it may mean help scheduling a specialist visit and understanding new medications. For a family that has been dismissed or misunderstood in medical settings, access may begin with meeting a community health worker who knows the neighborhood, speaks their language, and treats their concerns with respect.

Community health clinics make that kind of care possible. They are part medical provider, part navigator, part educator, and part trusted local institution. Proposition 44 threatens to narrow the definition of what counts as patient care in a way that could undermine the very supports that allow patients to receive it.

The statewide measure would require covered nonprofit community clinics to spend at least 90 percent of their annual revenue on health care or qualifying program services. The ballot measure directs the Attorney General to establish more detailed guidance on what expenses qualify. Clinics that do not meet the threshold could face penalties for the difference. The Legislative Analyst’s Office reports that affected clinics currently spend an average of about 80 percent of revenue on health care services.

A percentage may look like a clean measure of accountability. But health care is not cleanly divided between what happens inside an examination room and everything that enables a patient to enter one.

Consider the work that happens before and after a visit. Clinic staff maintain confidential patient records. They follow up after missed appointments. They keep information systems secure. They recruit and train employees in an expensive and competitive health care labor market. They coordinate referrals, process claims, purchase supplies, maintain buildings, and make certain that patients are not lost somewhere between diagnosis and treatment.

Oakland families should not be asked to accept the fiction that these functions are unrelated to care.

The danger in Proposition 44 is not only its 90 percent figure. It is that the meaning of “qualifying” spending will be worked out later. A clinic preparing a budget today may not know whether a navigator, health educator, transportation program, outreach worker, technology upgrade, or other patient-support service will be counted the way it expects. Yet the financial consequence of getting it wrong could be immediate.

The Legislative Analyst’s Office says clinics falling short of the requirement could be required to pay the shortfall amount to the state and could seek to recover the money only if they show compliance within five years. The same analysis estimates state enforcement costs in the low tens of millions of dollars annually, supported by fees.

That is a troubling arrangement for organizations that are expected to provide care to people with the fewest alternatives.

Oakland has learned that trust is not built through slogans. It is built when a patient is listened to, when a parent can secure an appointment for a child, when a clinic returns a call, and when a person receives help without being shamed for their income, insurance, language, immigration history, or prior experience with the system.

For Black residents in particular, trustworthy care is not an abstract goal. Persistent inequities in health outcomes and patient treatment are real. Community-centered clinics can help bridge the gap with culturally responsive staff, patient navigators, behavioral-health programs, and partnerships that understand the conditions shaping health outside the clinic door.

Proposition 44 could pressure providers to treat those supports as expendable because they do not fit neatly into a state-enforced formula. That would be a mistake.

Accountability is necessary. Clinics that receive public resources should be transparent, well governed, and focused on their mission. But good oversight asks whether patients are being served well, whether money is managed responsibly, and whether communities can obtain needed care. It should not rely on a rigid ratio that may punish clinics for doing the hard work of reaching people who need more than a brief medical encounter.

A broad coalition of providers and community organizations opposes Proposition 44, including the California Primary Care Association, the California Medical Association, the California Hospital Association, Planned Parenthood Affiliates of California, and the California Teachers Association.

Oakland needs health policy that expands the circle of care. Proposition 44 risks drawing that circle smaller.

The Oakland Post editorial board urges a No vote on Proposition 44.

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Business

OP-ED: Proposition 40: It’s Time to Play Chess, Not Checkers

Proposition 40 would impose a one-time 5 percent tax on the wealth of Californians with more than $1 billion in assets. Most of that money would go toward health care, with the remainder supporting food assistance and education-related programs.

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Photo: iStockphoto.

I understand the frustration driving Proposition 40. I share our labor partners’ concerns about protecting health care and essential services at a time when working families are already under enormous pressure.

But labor itself is divided over Proposition 40, and there is good reason to look carefully at what this measure could mean beyond the money it promises to raise.

Proposition 40 would impose a one-time 5 percent tax on the wealth of Californians with more than $1 billion in assets. Most of that money would go toward health care, with the remainder supporting food assistance and education-related programs.

Those are worthy investments. The question is whether this is the right way to pay for them.

California’s independent Legislative Analyst says the measure could raise tens of billions of dollars in the short term. But that same analysis warns that California could eventually lose hundreds of millions of dollars a year in ongoing income-tax revenue if some wealthy taxpayers leave the state or change their financial behavior.

That matters because those dollars help support the General Fund and the broader system of programs and services Californians rely on.

So let’s be clear: This is not about feeling sorry for billionaires. Billionaires will be fine.

This is about protecting the people who will not be fine if we get the policy wrong.

For decades, those of us in Black media have watched public policy debates move from crisis to crisis. We have also watched Black communities deal with the consequences when decisions made in Sacramento or Washington did not fully consider what would happen two, three, or four moves later.

We know what happens when funding disappears. Community organizations struggle. Small businesses lose support. Programs serving young people are squeezed. Schools and local governments are asked to do more with less. The people with the fewest resources are usually the first to feel the consequences.

That history should make us cautious about making major changes to California’s tax system without considering the entire board.

If California believes billionaires should contribute more, then let’s have that conversation. There is nothing unreasonable about asking whether people who have benefited enormously from California’s economy should contribute more to sustaining it.

But we should build tax policy that is thoughtful, sustainable, and difficult to avoid. We should not create a temporary solution that could leave us confronting another revenue problem down the road.

This is also why I respect those in labor who support Proposition 40, even though I have reached a different conclusion. They are responding to very real concerns about health care and the people who depend on it. Those concerns should not be dismissed.

But neither should legitimate questions about Proposition 40.

Too often our politics tells us that if we agree with the goal, we must agree with the proposed solution. That is not how responsible public policy works.

You can believe health care must be protected and still question the mechanism being proposed to protect it.

You can believe billionaires should pay more and still ask whether this particular tax is the smartest way to accomplish that.

And you can stand with working people while insisting that California consider the long-term consequences for all of the public programs working people depend upon.

We need to stop treating complicated economic decisions like a game of checkers, where we look only at the move directly in front of us.

We need to play chess.

Look at the whole board. Think several moves ahead. Understand what happens after the first check is collected and spent.

The question before Californians is not whether billionaires can afford to pay more. They can.

The question is whether Proposition 40 is the right way to do it and whether we are confident enough in the consequences to make this kind of change.

Our communities cannot afford for us to discover the answer too late.

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Activism

Oakland Post: Week of September 30 – October 6, 2026

The printed Weekly Edition of the Oakland Post: Week of September 30 – October 6, 2026

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