Berkeley

Berkeley Law Project Cautions Against Dangers of Unchecked Surveillance

Published

13 years ago

December 4, 2013

By Andrew Cohen

The Samuelson Law, Technology & Public Policy Clinic at Berkeley Law has submitted an amicus brief in support of a federal case against the National Security Agency (NSA).

Represented by the Electronic Frontier Foundation, a coalition of 22 organizations—from gun ownership advocates to Greenpeace—asserts that the NSA’s ongoing practice of collecting and storing vast numbers of Americans’ phone records is illegal.

TheSamuelson Clinic brief argues that without court oversight, United States intelligence agencies risk repeating historical abuses such as monitoring political opponents and other innocent Americans.

Under the direction of Clinic Director Jennifer Urban ’00 and Senior Fellow Attorney Chris Hoofnagle, students Charlie Crain ’14, Jesse Koehler ’14, and Samia Hossain ’14 conducted exhaustive research and helped draft the brief.

“What surprised me most in our research was the extent and consistency of this overly broad surveillance that’s gone on since before World War II,” Koehler said. “Talk about bipartisan support—it has expanded consistently no matter which party held the Presidency.”

Submitted to the U.S. District Court in First Unitarian Church of Los Angeles v. NSA, the brief is on behalf of three renowned experts on the history of American surveillance: James Bamford, the preeminent chronicler of the NSA; Peter Fenn, who was a staff member to the Senate Intelligence Committee; and Loch Johnson, former staff director of the House Subcommittee on Intelligence Oversight.

All were closely involved in a comprehensive review of U.S. intelligence operations completed by a Senate committee in the 1970s.

Drawing upon its three experts, the brief reveals parallels between abusive practices of the past and today’s monitoring programs. After World War II, historical evidence shows that intelligence agencies conducted politically-motivated surveillance of Americans including Supreme Court Justice William O. Douglas, Martin Luther King, Jr., Senator Adlai Stevenson, Congressman Abner Mikva, White House advisers, congressional staff members, journalists, and many ordinary Americans exercising associational and free speech rights.

The brief urges the court to apply existing legal limits on government surveillance powers to address risks posed by the executive branch—and to determine the limits of intelligence agencies’ activities.

surveillance can’t be prevented by simply putting different people in place,” Crain said. “We don’t think people working at NSA are operating in bad faith. They’re asked to secretively gather as much information as possible, and the historical pattern shows that this creates expansive collection and eventually results in abuse.”

Upholding the laws

U.S. law has long recognized a First Amendment right to freedom of association and the ability to express political views as a group. In numerous cases, the U.S. Supreme Court has found that citizens are less likely to associate with organizations when they know the government is monitoring their activities and can track their interactions.

In its brief, the Samuelson Clinic calls for upholding that constitutional guarantee as well as the 1978 Foreign Intelligence Surveillance Act (FISA). That law, designed to address concerns about overbroad monitoring, was the first statutory regime aimed at protecting Americans from domestic surveillance. But with the events of 9/11 and the major technology advances that followed, FISA protections have come under strain.

“Our brief shows that when you give the government unfettered access, the information gathered will eventually be misused for purposes that weren’t originally intended,” Koehler said. “That’s why FISA was enacted by Congress, to prevent these abuses. Allowing the government to go back to a previous pre-FISA paradigm circumvents this protective structure.”

Through its historical presentation, the clinic explains that the court needs to step in because intelligence agencies naturally expand programs over time, which leads to collecting information too aggressively. If courts fail to recognize the dangers of unchecked surveillance and the resulting constitutional violations, Crain believes it will fall on the public to push for a legislative solution—especially now that it’s easier than ever to store mass amounts of data.

Oakland Post

Posts by Oakland Post

Up Next

Don't Miss

Cephus Johnson Urges Unity in Marin City

Oakland Post

Click to comment

Activism

Black Repertory Group Needs Volunteers to Help Shape the Next Generation of Artists and Leaders

Legendary performers such as Whoopi Goldberg and Danny Glover worked with and were inspired by BRG’s founders. More recently, Grammy award-winning artist Kehlani attended the Black Repertory Group Summer Day Camp for several years.

Published

3 weeks ago

June 26, 2026

Oakland Post

Courtesy image.

By Sean Vaughn Scott, Special to The Post

For more than 60 years, the Black Repertory Group (BRG) has changed lives through the arts.

Founded in 1964 by educators and visionaries Birel L. Vaughn and Nora Vaughn, BRG has become one of America’s oldest continuously operating Black theater institutions. For generations, it has preserved culture, developed talent, and provided opportunities for young people to discover their voices and their potential.

The results speak for themselves.

Long before international recognition, Kehlani performed on the BRG stage. During a summer day camp production of “Princess and da Frog,” she portrayed Ray, the lovable firefly whose light guided others through the darkness. Her journey is proof that today’s camper may become tomorrow’s artist, entrepreneur, educator, or leader.

Located at 3201 Adeline St. in Berkeley, BRG continues that mission through its Youth Summer Day Camp of the Arts.

BRG is currently accepting applications and maintains an open enrollment program. Students may enroll throughout the summer as space permits and immediately become part of the BRG family.

We are also proud to be a multicultural opportunity program, welcoming children and families from all backgrounds, cultures, and communities. Through theater, music, dance, public speaking, visual arts, technical theater, and leadership development, students gain confidence, discipline, creativity, and lifelong skills.

As our programs grow, so does our need for volunteers.

We are seeking community members to assist with youth mentoring, registration, costumes, set construction, painting, props, ushering, photography, social media, marketing, technical theater, and fundraising activities. Whether you volunteer for a few hours or throughout the season, your support directly impacts the lives of young people.

BRG also partners with churches, civic organizations, alumni associations, fraternities, sororities, and community groups through theater party fundraisers, group sales, and buy-out performances. These partnerships have helped organizations raise funds while supporting arts and cultural programming.

The theater also serves as the home of the Berkeley NAACP Chapter, which meets every second Saturday of the month from 1 to 3 p.m.

For more than six decades, the Black Repertory Group has remained committed to one belief: every child deserves an opportunity to shine.

The next great artist may already be among us.

The next Kehlani may already be walking through our doors.

We invite you to volunteer, enroll, participate, and become part of the legacy.

For more information please go to www.blackrepertorygroup.com, call (510) 652-2120, or email info@blackrepertorygroup.com

Sean Vaughn Scott is the director of the Black Repertory Group.

Oakland Post

Posts by Oakland Post

Bay Area

UC Berkeley Named Top Public University in the U.S. and No. 7 in the World by ‘U.S. News’

Berkeley has been consistently awarded the distinction of the U.S.’s top public university since the Best Global Universities list was first published in 2014. “A strong position in the Best Global Universities rankings recognizes a school’s profound commitment to world-class research and cross-border academic excellence,” said LaMont Jones, managing editor for education at U.S. News.

Published

3 weeks ago

June 24, 2026

Oakland Post

Photo by Keegan Houser/UC Berkeley.

The 2026 Best Global Universities rankings evaluated 2,250 research institutions from more than 100 countries

By Lila Thulin

U.S. News & World Report has ranked UC Berkeley No. 7 in its 2026 list of the best global universities, which assesses more than 2,250 research institutions worldwide.

Berkeley also claimed the honor of top public university in the U.S.

Released on Monday, the list evaluates universities from more than 100 countries on 13 metrics such as global and research reputation (as reported by academics and peers) and number of highly cited scholarly papers.

Berkeley has been consistently awarded the distinction of the U.S.’s top public university since the Best Global Universities list was first published in 2014.

“A strong position in the Best Global Universities rankings recognizes a school’s profound commitment to world-class research and cross-border academic excellence,” said LaMont Jones, managing editor for education at U.S. News.

The rankings also assess a university’s strength in various subject areas; these assessments are separate from U.S. News’ 2026 Best Graduate Programs rankings released in April.

This year, Berkeley was named in the top three nationally in seven subject areas – environment/ecology, ecology, water resources, physics, computer science, chemistry, and engineering – and in the top five for a total of 17 subjects. Subject rankings are based heavily on scholarly publications and citations as well as reputation.

In September, U.S. News also released its 2026 Best Colleges list, in which Berkeley was also named the No. 1 public institution among American universities.

That honor joins other accolades judging campus to be the best public university in the country, such as those from Forbes, The Wall Street Journal and Times Higher Education.

Oakland Post

Posts by Oakland Post

Arts and Culture

Farwest Region Deltas Celebrate Centennial With “September Breakfast” Honoring Vivian Osborne Marsh

The region was established in 1925 under the leadership of Vivian Osborne Marsh, who became its first Regional Director. Marsh was a pioneering scholar and civic leader, earning recognition as the first Black woman to receive both a bachelor’s and a master’s degree in anthropology from UC Berkeley.

Published

10 months ago

September 14, 2025

Oakland Post

Farwest Regional Director, Kimberly Usher, Mayor Barbara Lee, US Representative Lateefah Simon, and Farwest Regional Representative, Radiya Ajibade. Photo courtesy of Farwest Regional Photographer Vicki P. Love.

By Antoinette Porter

Hundreds of members of Delta Sigma Theta Sorority, Inc., and their guests gathered at the Martin Luther King Jr. Student Union at the University of California, Berkeley, to mark the 100th anniversary of the sorority’s Farwest Region.

Marsh went on to serve as Delta Sigma Theta’s 7th National President, where she launched the sorority’s National Library Project to expand access to books in underserved Black communities in the South. During her presidency, the organization also became a prominent voice in the civil rights movement, lobbying Congress to pass anti-lynching legislation.

Bak in the Bay Area, Marsh devoted her career to advancing educational opportunities, mentoring young people, and strengthening community life. That commitment continues to shape the region, which supports initiatives in education, social justice, and economic development. Current projects include raising scholarship funds for students at Historically Black Colleges and Universities, voter education campaigns, and health and wellness programs.

A century after its founding, the Farwest Region of Delta Sigma Theta remains active across California and other western states, carrying forward Marsh’s vision of service and advocacy.