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  • Charity & Security Network
    the former treasurer of the organization because he failed to report newsletters supporting jihad to the Internal Revenue Service IRS Read more about Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders Date June 10 2008 Concerns about the freedom of association and the right to express unpopular points of view in organizational newsletters remain after conspiracy charges against three officers of a defunct Muslim charity Care International Inc were dismissed in Boston on June 3 Two other convictions were upheld including one against the former treasurer of the organization because he failed to report newsletters supporting jihad to the Internal Revenue Service IRS Read more about Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders In Legal Wonderland Holy Land Foundation s Appeal Reveals Gaps in Law Date January 15 2010 A procedural boondoggle has been brewing in the appeal of the Holy Land Foundation s HLF November 2008 criminal conviction for providing material support to terrorism The government which is seeking to have 5 million in donations intended for humanitarian aid forfeited to it is also seeking to block HLF s appeal HLF was not represented by counsel at the trial At a Jan Read more about In Legal Wonderland Holy Land Foundation s Appeal Reveals Gaps in Law Heavy Sentences Handed out in Holy Land Trial Send Chilling Message to U S NGOs Date May 29 2009 On May 27 2009 U S District Judge Jorge Solis handed out sentences for five Arab Americans associated with Holy Land Foundation for Relief and Development HLF who had been convicted in November 2008 on charges ranging from supporting a terrorist organization to money laundering and tax fraud Two of the men

    Original URL path: http://www.charityandsecurity.org/issue/Criminal%20Cases?type=All&page=3 (2016-02-16)
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  • Charity & Security Network
    prosecution admitted that all funds went to local charities called zakat committees that are not on government watchlists Attorneys for the defendants said they would appeal Read more about Conviction of Holy Land Foundation Raises Questions Concerns for Nonprofits Conviction of Holy Land Foundation Raises Questions Concerns for Nonprofits Date November 25 2008 On Nov 24 2008 the two month retrial against the Holy Land Foundation for Relief and Development HLF and five of its leaders ended with guilty verdicts on charges of supporting Hamas which was designated as a terrorist organization in 1995 The convictions came even though the prosecution admitted that all funds went to local charities called zakat committees that are not on government watchlists Attorneys for the defendants said they would appeal Read more about Conviction of Holy Land Foundation Raises Questions Concerns for Nonprofits Oregon Charity Founder Convicted of Tax Charges Date September 15 2010 Read more about Oregon Charity Founder Convicted of Tax Charges Jury Convicts Muslim Charity of Terrorism Charges Date November 25 2008 In the Holy Land Foundation HLF retrial a federal jury in Dallas decided that the charity and five men who worked with it were guilty of three dozen counts related to the illegal transfer millions of money to Hamas They were found guilty of supporting terrorism money laundering and tax fraud The verdict came after eight days of deliberations and a 42 day trial Read more about Jury Convicts Muslim Charity of Terrorism Charges Pages first previous 1 2 3 4 5 Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us

    Original URL path: http://www.charityandsecurity.org/issue/Criminal%20Cases?type=All&page=4 (2016-02-16)
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  • DOJ Report Confirms Deficient Domestic Intelligence Oversight | Charity & Security Network
    credit companies and internet service providers compelling them to provide information about the FBI target There is no judicial oversight or approval process and recipients of NSLs are prohibited from disclosing that they have received one In 2009 the FBI requested 14 788 NSL requests concerning 6 114 US persons In 2010 the FBI made 96 applications for the section 215 orders Section 215 orders give the government access to any tangible thing including financial and medical records even if there is no showing that the thing pertains to suspected terrorists or terrorist activities This number is up from 21 in 2009 That high success rate has generated concerns that the court s oversight activity is deficient That s been a traditional concern that the court might have become a rubber stamp and that its approval is only a formality Steven Aftergood the director of the Project on Government Secrecy for the Federation of American Scientists the group who obtained the report through a Freedom of Information Act FOIA request On May 12 2011 the House Judiciary Committee voted favorably on legislation that would reauthorize three expiring provisions of the Patriot Act and sent it to the full House where it is expected to receive a vote by the end of May The FISA Sunsets Reauthorization Act of 2011 H R 1800 would extend for six years the roving wiretaps and Section 215 orders and makes permanent the lone wolf provision For more about these provisions click here The FISC court was set up in 1978 and issues warrants for domestic surveillance that are unlike the warrants issued in criminal investigations The secret court warrants under the authority of the Foreign Intelligence Surveillance Act grant the government broad authority to secretly monitor the electronic communications of persons in the United

    Original URL path: http://www.charityandsecurity.org/news/DOJ_Report_Confirms_Deficient_Intelligence_Oversight (2016-02-16)
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  • Justice Department Report: FBI Improperly Monitored Activists | Charity & Security Network
    improper tracking of activists cited in the report include an investigation on a nonviolent 2003 Greenpeace protest of an oil company kept open for over three years and storing information about acts of civil disobedience done by Catholic Worker members in a domestic terrorism file The 209 page report also uncovered examples of FBI agents classifying activities such as vandalism and trespassing as terrorism related It also found that the FBI improperly classified some investigations of nonviolent civil disobedience under the Acts of Terrorism classification The report determined that the FBI misled Director Robert Mueller into giving inaccurate information to Congress Testifying before the Senate Judiciary Committee at a May 2006 hearing Mueller told committee members that the bureau had been monitoring a specific individual at a 2002 anti war rally in Pittsburgh The IG report found no evidence the FBI had any information about any terrorism subject present at the rally We determined this version of events was not true said the report In part the problems appear to stem from the 2008 Attorney General Guidelines and the FBI s Domestic Investigative and Operational Guidelines DIOG which govern when criminal investigations can be opened and what information is stored In assessing whether the investigations of these groups met the preconditions for investigations the report said The applicable standard in the Guidelines for predication is low especially for preliminary inquiries which required only the possibility of a federal crime p 186 It said FBI agents sometimes did a poor job of documenting the predication for opening investigations despite the fact that FBI policy required strict compliance with the Attorney General s Guidelines p 187 The report notes that these guidelines were relaxed in 2008 The IG s Recommendations The IG report made several recommendations to prevent future violations including Consider

    Original URL path: http://www.charityandsecurity.org/news/Justice_Department_Report_FBI_Improperly_Monitored_Activists%20 (2016-02-16)
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  • Dissent and Surveillance Overview | Charity & Security Network
    Anti war Activists Remains Active 2011 ACLU FBI used outreach to Spy on Muslims Lawsuit Alleges Government Spy Infiltrated Civil Rights Group Mixed Ruling in Lawsuit Seeking To Shed Light On FBI Investigation Manual Activist Group Wins Internet Free Speech Ruling Conservatives Seek Updating 4th Amendment Protections for the Digital Age JUSTICE Act Targets Patriot Act Abuses DOJ Appeals Warrantless Wiretapping Ruling 2009 2010 Document Sheds Light on Military Spying on Peace Groups Government Wants Access to Wiretap the Internet The G Men Who Kicked the Hornets Nest Penn Governor Apologizes for Treating Activists Like Terrorists Widespread Surveillance of Peace Activists in Washington State Listed Charity Proposes Government Pay Damages to Another Charity Judge Rule Warantless Wiretap of Charity was Unconstitutional President Asked to Nominate Appointees to Privacy and Civil Liberties Board Planned Parenthood and Others were Target of Unlawful Intelligence Gathering Will Lieberman Use Fort Hood Shooting to Crush our Right to be Radical Documents Show Govt Intelligence Gathering Conducted on Peaceful Protests Court Orders Return of CAIR Documents Patriot Act un Patriot Act Turns Ten Patriot Act Spying Powers Extended until 2015 New JUSTICE Act Would Target Patriot Act Abuses Senate Votes to Extend Patriot Act 90 Days Dueling Patriot Act Reauthorization Bills Differ on Timing and Safeguards DOJ Rejects Calls to Reform Patriot Act Senator asks DOJ for Patriot Act Oversight FBI Investigation of Anti war Activists Remains Active Revised Guidelines Lower FBI s Surveillance Bar Expanded FBI Surveillance Powers Raise Serious Privacy Concerns FBI Documents Left During Raid Reveal Political Nature of Investigation Bank Freezes Account of Midwest Activist Lowered Standards for Domestic Surveillance Led to Thousands Targeted by FBI Lawsuit Alleges FBI used Indiscriminate Surveillance at Mosques FBI Infiltrated Peace Groups Nationwide Protests Over FBI Subpoenas FBI Asked to Stop Targeting Activists by Human Rights

    Original URL path: http://www.charityandsecurity.org/Dissent_and_Surveillance_Overview%20 (2016-02-16)
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  • Three U.S. Senators, Major Media Groups, Defense Lawyers and Historians Urge Court to End NSA Bulk Collection of Americans' Phone Information | Charity & Security Network
    through less intrusive means The brief provides numerous examples and citations The Senators also warn the court that the government s expansive interpretation of the Patriot Act s authority Sec 215 could be extended to authorize bulk collection of Americans date beyond the call records For example medical records credit reports financial information firearm sales records and library records could be covered by this interpretation National Association of Criminal Defense Lawyers brief argues that the NSA bulk surveillance of phone records poses a unique threat the NADCL members and their clients Sixth Amendment right to counsel of one s choice and to the attorney client privilege and work product doctrine that are essential to that right It also points out that the government relies on an overly broad interpretation of Sec 215 of the Patriot Act which allows seizure of items relevant to an investigation This argument knows no bounds and makes the exception swallow the rule The PEN American Center brief describes how its membership of essayists editors novelists playwrights journalists and other writers has been negatively impacted by the broad scope of the NSA bulk collection A survey of their members conducted in October 2013 confirms that the impact of this intrusion is far from hypothetical writers have changed their behavior because they know the government is recording information about all their calls Writers are avoiding communicating with sources colleagues and friends they are avoiding writing about certain topics and writers are not pursuing research they otherwise would The result PEN fears is that private communications will become cramped our associations will become more limited the scope of thought will shrink and our democracy will be debased The Reporters Committee for Freedom of the Press s brief was joined by 13 other news organizations including the Washington Post

    Original URL path: http://www.charityandsecurity.org/news/Amicus_Briefs_Support_End_to_NSA_Surveillance%20 (2016-02-16)
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  • Nonprofits Suing NSA Ask Court to Rule Phone Record Collection Illegal | Charity & Security Network
    Amendment s guarantee of freedom of association The Charity Security Network is one of the plaintiffs The motion asks the court to find that the mass collection of American s public telephone records is unconstitutional because the government must use the least restrictive means available so as not to infringe on plaintiff s First Amendment associational rights The nonprofits in the case gather people together to advance political beliefs and the ability to communicate with others confidentially is vital to their organizational missions But the outcome of the surveillance is that the government has essentially established its own database of the associations of the plaintiffs and their members p 17 The motion cites a string of Supreme Court cases that support association with others as means of advancing common beliefs and ideas It then notes that significant infringement of these rights cannot be justified by a mere statement of legitimate state interest Instead infringement only survives legal scrutiny when it serves a compelling state interests unrelated to the suppression of ideas that cannot be achieved through means significantly less restrictive of associational freedoms citing Roberts v United States Jaycees 468 US 609 1984 p 18 The case of NAACP v Alabama 357 US 449 1958 is cited to show that indirect restraints are likewise prohibited and compelled disclosure of the identities of those who associate with each other is among the most egregious of such indirect restraints The complaint includes examples of how the NSA program has resulted in harassment membership withdrawal and other chilling of the plaintiffs associational rights The motion also explains how Section 215 of the Patriot Act does not authorize the broad surveillance as claimed by the government because the law requires the information collection to be relevant to an authorized investigation Issues Humanitarian Access Material

    Original URL path: http://www.charityandsecurity.org/news/Motion_Summary_Judgement_NSA_Surveillance (2016-02-16)
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  • USA FREEDOM Act Seeks to Right Wrongs of NSA Surveillance | Charity & Security Network
    support with 86 co sponsors in the House and 16 in the Senate Sensenbrenner the lead author of the Patriot Act said NSA surveillance has gone far beyond what Congress ever intended The misrepresentation of the law threatens our First Second and Fourth Amendment rights he said Leahy chairman of the Senate Judiciary Committee echoed his colleague s concerns saying that surveillance programs conducted under FISA are far broader than the American people previously understood It is time for serious and meaningful reforms so we can restore confidence in our intelligence community The USA FREEDOM Act would amend section 215 of the Patriot Act that allows bulk collection of meta data on American s phone calls by limiting the collection to known terrorists and spies or those in contact with known terrorists or spies The bill would also prevent the government from searching for information about U S citizens collected through section 702 of FISA which governs surveillance of persons outside the U S It also limits the type of information that can be collected for counterterrorism purposes and makes evidence gained in violation of privacy procedures inadmissible in court These changes could allay some of the concerns that nonprofits and others have about the impact of this data collection on their freedom of association privacy and critical overseas programs Currently the Charity Security Network is party to a lawsuit against section 215 for creating a chilling effect on nonprofits International organizations have also expressed concern of a chilling impact on their ability work with partners in the field More information on the impact of NSA surveillance on Nonprofits can he found HERE Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models

    Original URL path: http://www.charityandsecurity.org/news/USA_FREEDOM_Act_Amend_NSA_Surveillance (2016-02-16)
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