Tag: First Amendment

November 3, 2017Restore the Fourth (RT4) and the Identity Project (IDP) have collaboratively submitted their formal comments to the U.S. Department of State regarding Proposed Information Collection: Supplemental Questions for Visa Applicants. This supplementary procedure would subject certain applicants for visas for admission to the United States to the following additional inquiry items:

  • Travel history during the last fifteen years, including source of funding for travel
  • Address history during the last fifteen years
  • Employment history during the last fifteen years
  • All passport numbers and country of issuance held by the applicant
  • Names and dates of birth for all siblings
  • Name and dates of birth for all children
  • Names and dates of birth for all current and former spouses, or civil or domestic partners
  • Social media platforms and identifiers, also known as handles, used during the last five years
  • Phone numbers and email addresses used during the last five years

RT4 and IDP address conflicts between this proposed policy and the U.S. Constitution, the International Covenant on Civil and Political Rights (ICCPR), and the Paperwork Reduction Act (PRA). This practice stands to encroach on freedom of speech, freedom of the press, freedom of movement, freedom of association, freedom of assembly, and freedom from unreasonable searches and seizures.

The proposed inquiries stand to be lacking in specificity or granularity. How comprehensive is the request for emails, phone numbers, and ‘social media’ handles? What is considered ‘social media’ in the absence of any statutory, regulatory, or legal definition? For example, is an applicant expected to remember every web site on which they have registered as a commenter? Are applicants expected to obtain and provide cellphone tower location tracking logs? Public transit or road-toll RFID-chip movement logs? License-plate reader motor vehicle movement logs? In-vehicle GPS logs? Or “merely” airline, train, intercity bus, and/or hotel reservation and ticketing records?

These additional inquiries exposes applicants to guilt by association based on family members, domestic partners, or people who provide funds for travel. They also expose applicants to legal sanctions in their home countries. For instance, Saudi Arabia is a U.S. ally with which the U.S. Department of State might be expected to share information obtained through this collection of information. This could include information that could identity Saudi Arabian citizens or residents who have engaged in activities protected by the First Amendment but are considered capital crimes in their homeland, such as blasphemy.

The Department of State has been processing visa applications for almost two centuries without requiring this information. It is not necessary for the proper performance of the functions of the Department of State.

 

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.

Press Release