News

The Charity and Security Network monitors U.S. and foreign government activities and a wide range of news sources to identify developments in national security policy that impact American charities and foundations. We collect and disseminate this information - with a focus on its impact on civil society and nonprofit organizations.

 

News

President Urged to Nominate Appointees to Privacy and Civil Liberties Oversight Board

in
Date: 
March 9, 2010

On March 1, 2010 a coalition of 25 civil liberty advocacy groups, think tanks and other nonprofit organizations sent a letter to President Obama requesting the nomination of appointees to the Privacy and Civil Liberties Oversight Board (PCLOB).  According to the letter, the PCLOB “is one of the few safeguards adopted to protect Americans from improper intrusions into our privacy and civil liberties” from national security laws. With all five seats on the board vacant since late 2008, the letter is calling for the President to “appoint individuals immediately.” Excessive government intrusion into nonprofit programs is affected, in procedures such as USAID's proposed Partner Vetting System.  

Planned Parenthood & Others Targets of Unlawful Intelligence Collection Activities Between 2001-2008

in
Date: 
March 8, 2010

A heavily redacted 800 page document released by the Department of Defense (DoD) in February 2010 shows that military intelligence officials spied on Planned Parenthood and other domestic groups between 2001 through 2008. Released to the Electronic Frontier Foundation (EFF) as part of a Freedom of Information Act lawsuit filed in July 2009, the document characterizes some of the intelligence collection as “unlawful.”

House Joins Senate in Passing Bill to Extend Patriot Act Provisions

in
Date: 
February 26, 2010

Update: President Obama signed a one-year extension of three sections of the USA Patriot Act on Feb. 27, 2010 without any restrictions on the provisions that many lawmakers and civil liberty advocates sought to safeguard American civil liberties.

Supreme Court Hears Oral Argument To Decide if Parts of Patriot Act Violate First Amendment

in
Date: 
February 24, 2010

On Feb. 23, 2010, the Supreme Court heard arguments on whether parts of the Patriot Act that prohibit supporting a designated terrorist group to pursue peacebuilding programs violate the Constitution. David D. Cole, a lawyer for people and groups challenging the law in the case, Holder v. Humanitarian Law Project (HLP), said the law prevented them from exercising their First Amendment rights. “It is core political speech on issues of public concern,” Cole told the court. “It is advocating only lawful, peaceable activities. This court has never upheld the criminal prohibition of lawful speech on issues of public concern.” Citing previous cases where the Supreme Court’s opinions had distinguished “between aid that is intended to further lawful activity and aid that is intended to further illegal activity,” [18] Cole said the government should focus on prosecuting individuals intending to further a terrorist organization’s violent and illegal activities, rather than target activists who encourage peaceful political solutions.  A ruling in the case is expected by late June or early July.

Event Recap: A Briefing on What's at Stake in the Supreme Court Case Holder v. Humanitarian Law Project

in
Date: 
February 18, 2010

On Feb. 17, 2010 the Charity and Security Network teamed with the Constitution Project  to host a briefing on the Supreme Court case, Holder v. Humanitarian Law Project, which held oral arguments on Feb. 23.  The case is the first constitutional challenge to provisions of federal laws, including the Patriot Act, prohibiting “material support” for groups designated a “terrorist” by the United States government. The event, Free Speech, Human Rights & Counter-Terrorism Laws, explored the likely impact and misconceptions of the Court's ruling on national security policies. 

Litigation: Holder v. Humanitarian Law Project: Addressing the Impact of Material Support Laws on Peacebuilding Programs

in
Date: 
February 15, 2010

On Tuesday, Feb. 23, 2010 at 10 a.m. the Supreme Court will hear a one hour oral argument for Holder v. Humanitarian Law Project (HLP) to determine whether several key terms in the definition of prohibited material support of terrorism violate the First and Fifth amendments.  The case marks the first ever challenge to the Patriot Act at the Supreme Court level and addresses the overbroad scope of the prohibition on "material support" to listed terrorist organizations, which effectively criminalizes peacebuilding programs of U.S. organizations in conflict zones around the world. 

Extension of Patriot Act Provisions May Be Inserted in Jobs Bill

in
Date: 
February 12, 2010

On Feb. 11, 2010, Senate Finance Committee leaders agreed on language to extend three Patriot Act provisions that had been set to expire at the end of the month. Included in an unrelated jobs bill, the language for extending all the provisions until Feb. 28, 2011 ignores concerns about unwarranted government surveillance and seizures of property. The bill is expected to draw intense scrutiny from members of both parties, and the final decision to include the Patriot Act provisions remains undecided. 

UK Court Rules Asset Freeze Process Exceeds Government Authority

in
Date: 
February 11, 2010

On Jan. 27, the United Kingdom (UK) Supreme Court upheld a challenge to asset freezing orders against five suspected terrorists, who said the 2006 orders should have been considered and approved by Parliament. None of the five have been charged with a terrorism related offense. The court suspended its judgment for 30 days, and UK Treasury officials said they would seek fast-track passage of legislation on asset freezing. That may change the current program, as Parliament may consider fairness problems in the current program that were cited by the court.

Background: Excerpts from January 2010 Speech by Daniel Benjamin, State Department Coordinator for Counterterrorism

in
Date: 
February 10, 2010

On Jan. 13, 2010, Daniel Benjamin, the State Department Coordinator for Counterterrorism, delivered the keynote address at a CATO Institute event, The Obama Administration's Counterterrorism Policy at One Year. He spoke about several elements of the President’s counterterrorism strategy, the attempted Christmas Day bombing and terrorist recruitment techniques here and abroad. During his speech, and in the question and answer period that followed, he also shared his thoughts about the "radicalization" process and issues U.S. nonprofits have been wrestling with since 9/11, including the negative impact of anti-terror financing laws. Here are excerpts from his remarks (emphasis added): 

UN Approves Reforms for Listing and Delisting on Terrorist List

in
Date: 
February 1, 2010

The lack of due process in the United Nations' (UN) terrorist watch list has made some governments reluctant to enforce sanctions against those listed.  Responding to these criticisms, and at the urging of human rights advocates, on Dec. 17, 2009 the UN Security Council unanimously passed Resolution 1904, which sets out an improved process and creates greater transparency.  These improvements, supported by the U.S. in the Security Council vote, do not yet apply to the U.S. listing process.