dissent and surveillance

Despite bipartisan concern about extensive violations and lack of civil liberties safeguards, on May 26, 2011 three expiring domestic surveillance provisions of the Patriot Act were extended until 2015. The Patriot Sunsets Extension Act of 2011, signed via autopen by President Obama, extends federal authority to obtain personal and financial records of individuals without their knowledge or a court order, use roving wiretaps to monitor electronic communications of suspected targets of an investigation and the never used “lone wolf” provision (additional information about all three provisions is available here). 

On Nov. 16, 2011, a civil rights group filed a federal lawsuit against the Department of Justice seeking information about an alleged FBI informant who infiltrated their group. Filed by one of the founders of Common Ground Relief, a nonprofit providing relief for victims of hurricane disasters in the Gulf  of Mexico region, the suit seeks to uncover the FBI records pertaining to Brandan Darby’s involvement with the group when he served as interim director in the mid 2000s. Darby has publicly admitted to being a federal informant, after it was revealed in 2009 that he helped the FBI spy on anti-war activists during the Republican National Convention in Minnesota.   

Revised guidelines that relax restrictions on the FBI's domestic intelligence collection activities were reported to go into effect on Oct. 15, 2011. Although unavailable to the public, several reports indicate the updated Domestic Investigations and Operations Guide (DIOG II) significantly expands FBI powers, including the authority to use surveillance teams to investigate individuals and organizations without a search warrant, the opening of a formal investigation, or any evidence of prior wrongdoing. Reports of the revised guidelines come days after the American Civil Liberties Union released documents obtained under the Freedom of Information Act showing widespread abuse by FBI agents targeting people and groups for investigation based on their race or religion. 

On July 18, 2011, a federal judge ruled that RiseUp.net, a technology collective that provides free communication tools for activists, does not have to release Internet account records that were subpoenaed.  “This was a major victory for the rights of those engaged in political action or supporting those who are to freely associate safe from the prying eyes of the government, corporations, and fundamentalist churches and law firms,” said Larry Hildes, one of RiseUp.net’s attorneys.