New Report Exposes Covert Government Monitoring of Political Activity

From the stories of grandmothers opposing the war in Iraq to anti-war protestors at the Port of Oakland, “The State of Surveillance: Government Monitoring of Political Activity in Northern and Central California" tells the compelling stories of individuals and groups that were targets of government surveillance because of their political activity.

The 35-page report also illustrates the lack of enforcement of current regulations and recommends specific policy reforms to safeguard Californians’ rights to privacy and free speech.

Law enforcement at all levels--federal, state, and local--has received extensive funding for expanded intelligence activities, including surveillance. With inadequate regulation and an insufficient understanding of the protections afforded to protest and dissent, law enforcement has overstepped its bounds in monitoring political activity, raising serious constitutional concerns.

California’s constitutional right to privacy prohibits law enforcement from monitoring or compiling information on individuals or organizations engaged in activity protected by the First Amendment unless there is reasonable suspicion of a crime.

Yet, since September 11, 2001, dozens of organizations have had their protests monitored by intelligence agencies. Peaceful protests were included in anti-terrorism bulletins and databases. Entirely law-abiding protesters have been videotaped without cause or suspicion. Undercover officers posed as activists to gather information and influence decisions.

In “The State of Surveillance,” the ACLU makes several policy recommendations, including:

• State legislation should regulate the National Guard, the State Terrorism Threat Assessment Center, and the state Office of Homeland Security

• The California Attorney General should also issue specific guidelines to local law enforcement agencies

• State law should require regular reporting on surveillance activities to the Legislative Analyst’s Office

The stories documented in the surveillance report were discovered largely by happenstance. If history is any guide, these incidents represent only the tip of the iceberg.

Investigating terrorism and prosecuting criminals do not require sacrificing core civil liberties.  Intelligence activities must be undertaken responsibly, in a manner that ensures we are both safe and free.

Download the report and read supplementary documents here.