News

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

Extension of Patriot Act Provisions May Be Inserted in Jobs Bill
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
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.

UN Approves Reforms for Listing and Delisting on Terrorist List
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.

Analysis: Legal Roadblocks for U.S. Famine Relief to Somalia Creating Humanitarian Crisis
January 27, 2010

The unfolding crisis in Somalia illustrates a common dilemma U.S. nonprofits face when trying to conduct humanitarian operations in territory controlled by an organization listed as a Specially Designated Global Terrorist (SDGT). The humanitarian imperative to provide urgently needed food to nearly one million people in an area controlled by al-Shabab, a listed SDGT, conflicts with the “strict liability” standard against supporting terrorists that even has State Department employees fearing sanctions from Treasury. Now the United States government (USG) response to the famine in Somalia is forcing it to confront the same onerous hurdles current national security laws create for nonprofits.