CVE Initiatives Perpetuate Discriminatory Law Enforcement Practices and Threaten Freedom of Expression
By Danielle Kerem
Belmont, MA – Today, Restore the Fourth and a coalition of civil rights organizations sent a joint letter to President Obama asking that he re-evaluate the ill-conceived and ineffective Countering Violent Extremism (CVE) program. According to the government, CVE is an interagency initiative designed to “develop and implement a full-range of partnerships to support and enhance efforts by key stakeholders to prevent radicalization and recruitment to violence by terrorist organizations.” However, in practice, the program undermines community trust and cohesion, stigmatizes Muslims and Arab Americans, as well as risks criminalizing First Amendment-protected speech.
In particular, the coalition’s letter to the President outlined concerns related to the CVE program’s planned establishment of Shared Responsibility Committees (SRCs) – committees that would task educators, health workers, and religious leaders with identifying and reporting ‘radicalized’ community members. According to Restore the Fourth National Chair Alex Marthews, the SRCs “make a mockery of professional confidentiality, because the people they interview don’t know that the professional they’re interacting with is feeding information back to the FBI.”
In addition to cultivating a climate of distrust, the CVE program also endangers freedom of expression. For instance, the FBI’s “Don’t Be a Puppet” website promotes the policing of ideas by encouraging “members of the public and particularly teenagers to identify and report language they regard as being ‘extreme’ or ‘radical’.” Moreover, the government has been working aggressively to enlist the cooperation of Silicon Valley technology firms in facilitating “counter-messaging and content monitoring initiatives” on social media platforms.
According to Sue Udry, Executive Director of the Bill of Rights Defense Committee / Defending Dissent Foundation, “CVE programs incorrectly, and unconstitutionally, focus on political and religious beliefs to cast suspicion on Muslims and dissidents. These programs are fanning the flames of Islamophobia, and must be opposed.”
In light of the lack of empirical research to support CVE programming as well as the serious concerns expressed in relation to the CVE initiative’s threats to freedom of expression, the letter to President Obama concluded with a call for the President to re-route “the funds for CVE to programs with better evidentiary basis for their positive effect on levels of violence.” The White House’s decision to do so would send an important “message to American Muslims and critics of the U.S. government’s foreign and domestic policies that you can indeed hold any belief that the First Amendment protects, without fear of U.S. government harassment.”
100 days have passed since a pro-encryption petition at SaveCrypto.org surpassed 100,000 signatures. According to the White House’s own terms of participation, petitions that have collected over 100,000 signatures can expect a substantive response from the President within two months. Today, after waiting 167 days for President Obama’s reply, Restore the Fourth — along with 36 other academics, NGOs, and companies — sent a letter to the President “to respectfully request that the White House specifically oppose legislation to undermine security and reiterate the need for a broad statement of support for encryption from the administration.”
The Hill‘s recent publication of draft anti-encryption legislation written by Senators Richard Burr (R-NC) and Dianne Feinstein (D-CA) elevated existing concerns about the Administration’s delay in addressing the petition. The Burr-Feinstein bill would viscerally undermine privacy, security, and innovation by “forcing nearly all U.S. companies to decrypt any encrypted data they may handle.” As the letter explains:
Last week, the text of a draft bill written by Senators Burr and Feinstein was published…It is difficult to take this draft seriously. It has been broadly written to require that all internet companies, and in fact ‘any person who provides a product or method to facilitate a communication or the processing or storage of data,’ either undermine the security features they offer users or offer lesser security so as to facilitate government access. This definition includes institutions that many, including government agencies and representatives, rely upon to protect our most sensitive data. It is beyond dispute that this bill would threaten the safety of billions of internet users, including journalists, activists, and ordinary people exercising their right to free expression, as well as critical infrastructure systems and government databases. However, it would likely to do very little to assist in investigations of crime or terrorism, since those who engage in illegal activities will have access to other means to protect their own devices and communications.
“We created We the People because we want to hear from you,” reads the introduction on the White House’s online petitioning platform. Restore the Fourth, our co-signatories, and tens of thousands of petitioners have spoken, and we would like to hear President Obama affirm his commitment to safeguarding American security and privacy by rejecting Burr and Feinstein’s dangerous proposal.
Signatories include: Access Now, Advocacy for Principled Action in Government, American Library Association, American-Arab Anti-Discrimination Committee (ADC), Bill of Rights Defense Committee/Defending Dissent Foundation, British Columbia Civil Liberties Association, Canadian Access and Privacy Association (CAPA), Canadian Institute of Access and Privacy Professionals (CIAPP), Center for Democracy and Technology, Center for Media Justice, Committee to Protect Journalists, Constitutional Alliance, CREDO, Demand Progress, Electronic Frontier Foundation, Engine, Fight for the Future, Free Press Action Fund, Hackers/Founders, IPVanish VPN, New America’s Open, Technology Institute, Niskanen Center, OpenMedia, PEN American Center, Privacy and Access Council of Canada – Conseil du Canada de l’Accès et la vie Privée (PACC-CCAP), La Quadrature du Net, Reinst8, Restore the Fourth, R Street Institute, Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC), the Tor Project, Venture Politics, X-Lab, and Eric Burger; Georgetown University, Ian Goldberg; University of Waterloo, James O’Keefe, and John Wunderlich
FBI’s Interactive ‘Anti-Extremism’ Website Stigmatizes Youth of Color and Deters Expression of First Amendment Protected Views
By Danielle Kerem
Restore the Fourth has joined a coalition of civil rights organizations in calling on the FBI to dismantle the agency’s “Don’t Be a Puppet” website and more broadly re-evaluate the FBI’s strategy for countering violent extremism. In a letter addressed to FBI director James Comey, Restore the Fourth – in conjunction with the Arab-American Anti-Discrimination Committee, American Civil Liberties Union, Bill of Rights Defense Committee, and ten other advocacy groups – expressed opposition to the “Don’t Be a Puppet” program’s promotion of ethnic, religious, and ideological profiling.
“Don’t Be a Puppet” is an interactive website that, according the FBI, aims to “open the eyes of teens to the devastating reality and deceptive messaging of violent extremism and to help strengthen their resistance to radicalization and possible recruitment. However, instead of effectively preventing extremist violence, the website “perpetuates profiling and negative stereotypes that Arabs, Sikhs, South Asians, Muslims and those perceived to be Muslim are prone to engage in extremist violence and encourages the policing of thoughts, ideas, and beliefs.”
The video game advises students to report acquaintances or friends who may be “traveling to places that sound suspicious.” As our letter notes, “this warning is extremely troublesome because of the subjective and vague concept of a ‘place that sounds suspicious’…there should be nothing inherently suspicious about traveling either to Saudi Arabia or Iraq, where some Muslim holy sites are located, bias could lead individuals to report innocent, constitutionally protected activity to law enforcement.” The website employs similarly ambiguous language in warning online visitors that the use of “code words or unusual language” may be a warning sign of someone planning to commit violent extremism.
Moreover, by deputizing teachers to look for “warning signs” in the classroom, the program risks undermining trust between students and instructors as well as hinders the “free exchange of speech, ideas, and debate on controversial topics because students are afraid of being labeled suspect and being reported to the police.” As Georgetown University Law Professor Arjun S. Sethi explains:
Teachers in classrooms should not become an extension of law enforcement. The program is based on flawed theories of radicalization, namely that individuals radicalize in the exact same way and it’s entirely discernible. But it’s not, and the FBI is basically asking teachers and students to suss these things out.
The website’s messaging is particularly troublesome given the chilling rise of Islamophobia in American schools. According to a California State University analysis, “hate crimes against Muslim Americans and mosques across the United States have tripled in the wake of the terrorist attacks in Paris and San Bernardino.” Sadly, children and adolescents have not been untouched by this spike in anti-Muslim bigotry. Last November, “a sixth-grade girl in the Bronx was reportedly attacked by three boys who tried to take off the hijab she was wearing, punched her and called her ‘ISIS’.”
In light of this intensifying climate of fear and suspicion, Restore the Fourth asks that Federal law enforcement not exacerbate religious and ethnic discrimination by perpetuating negative stereotypes of Arab and Muslim Americans. In addition to taking down the “Don’t Be a Puppet” website, Restore the Fourth urges the FBI to take into consideration the recommendations of a May 2015 9/11 Review Commission report that found that the FBI’s Countering Violent Extremism Office’s “current limited budget and fundamental law enforcement and intelligence responsibilities do not make it an appropriate vehicle for the social and prevention role in the CVE mission…such initiatives are best undertaken by other government agencies.” Accordingly, Restore the Fourth asks that the FBI instead invest in evidence-based investigations that protect public safety and don’t unjustly stigmatize communities of color.