Gov’t watchlists and databases

Opposing a Department of Homeland Security proposal to exempt its new anti-terror database from Privacy Act provisions, a coalition of privacy, consumer rights, and civil rights organizations filed comments on Aug. 5, 2011. The groups argue that the Terror Screening Watchlist Service carries “substantial” risks both to security and privacy, and call for it to be withdrawn. The database will contain individuals’ names, dates and places of birth, biometric and photographic data, passport information, driver's license information and “other available identifying particulars,” but will not be subject to basic safeguards or review. Read more about it at OMB Watch: Secret Watchlists: Don’t Ask, Because Uncle Sam Won’t Tell

On Sept. 30, 2010 the Department of Treasury's Financial Crimes Enforcement Network (FinCEN) published proposed regulations that would require banks to report all electronic cross border financial transfers, dramatically expanding the current rule that requires reporting transfers over $10,000. International grants, purchasing, program operation costs of charities that involve international electronic transfers will be covered by this rule. Comments are due Dec. 29. On Sept. 28 the House Financial Services Subcommittee on Oversight and Investigations held a hearing on the effectiveness and burdens in current reporting requirements. 

On Sept. 14, 2010, Pennsylvania Governor Ed Rendell ended a state contract with a private firm that improperly collected and distributed information about protestors and activists. Rendell said information about environmental protests, a gay rights rally and other peaceful gatherings became the subject of anti-terrorism bulletins being distributed by the state’s homeland security department to law enforcement and members of the private sector. The Governor apologized for the bulletins, which went out three times a week and were not intended to be made public, calling the wrongful dissemination of information a violation of constitutional rights.

On July 15, 2010 a long running battle by an Iranian group to get off the State Department's (State) list of Foreign Terrorist Organizations (FTO) reached a new stage when the Court of Appeals for the District of Columbia Circuit ordered State to reconsider listing of the People's Mujaheddin Organization of Iran (PMOI). The court said State must provide PMOI an opportunity to rebut the unclassified information State had relied on. The ruling reflects the same due process problems recognized by federal courts found in Department of Treasury (Treasury) designations of two U.S. charities, KindHearts for Charitable and Humanitarian Development and Al-Haramain Oregon. 

A UN resolution that addresses human rights violations caused by the terrorist listing process drew praise from the State Department's chief counterterrorism official. Speaking to the International Peace Institute on March 1, 2010, Ambassador Daniel Benjamin called Resolution 1904 “an important milestone” that “improves the fairness and transparency of the [counterterrorism] regime.” He also called on governments to “build partnerships” with the UN and nonprofits who address political and social grievances instead of implementing restrictive and harsh sanctions that limit their capacity. 

The Department of Homeland Security (DHS) announced on Sept. 14, 2009, that classified military intelligence will be made available to state and local fusion centers, which function as information sharing hubs between DHS and state, tribal and local officials. Critics are concerned that the addition of Department of Defense (DoD) intelligence without proper oversight will threaten the privacy and civil liberties of U.S. citizens. The record of fusion centers to date indicates such concerns are justified.