AGENDA FOR DECEMBER 18, 2024 BOARD MEETING Welcome and RSVPs [AM] Secretary's Report [EQ] Nominations What are the useful skills to be bringing onto the Board as we grow? Do we need to recruit specifically again for the Tech Chair position? Are there individuals within the RT4 space who should be invited onto the Board? Treasurer's Report [TC] Date expected for FY2025 Q1 financial report? Resolving issues relating to the acceptance of donations in cryptocurrency Forward planning for FY2026 budget (see item 5d below) Litigation Working Group Report [AM] Nov. 16: Final amici brief filed in State v. Nagle, a Minnesota Supreme Court case (arguing that the Fourth Amendment’s “oath or affirmation” clause bars search warrants based on uncorroborated informant tips, and that barring them would also deter wrong-house raids); clearly struck a nerve, with Minn. AG Keith Ellison producing a reply brief taking specific issue with our brief. Nov. 25: Final amicus brief filed in Barnes, a cert.-stage brief to the Supreme Court (arguing that, in the context of whether police have used excessive force under the Fourth Amendment, whether you use a “moment of the threat” test or a “totality of the circumstances test”, police should not get qualified immunity in circumstances where their own actions created the threat to them, in the same way as ordinary civilians, under common law, don’t get immunity). No further amicus brief cases are currently under consideration. Legislative Working Group Report [CD] Major advocacy in Nov was over H.R.9495, the “IRS Weaponization” / “Nonprofit Killer” bill. Results were mixed: Blocked the bill from being voted through on suspension in the House; votes against it rose from 11 in April to 184 in mid-November (https://clerk.house.gov/Votes/2024477); Senate decided against taking it up in either NDAA or Continuing Resolution must-pass bills before end of session, so it’s effectively dead for this session. However, it remains a priority of House leadership for next session, and blocking it when both chambers are under Republican control will require Republican opposition from more than Rep. Massie; despite our efforts, he is still the only Republican NO vote. Advocacy in context of the NDAA No ECSP fix in NDAA (IAA) language No language barring indefinite detention in NDAA No KOSA in NDAA Advocacy in context of the Continuing Resolution (budget bill) No KOSA in CR TAKE IT DOWN Act posing a risk to encryption: https://cdt.org/insights/ndii-victims-deserve-help-lets-build-an-effective-takedown-system/ Proposed coordination of congressional outreach tracking on FISA on behalf of coalition, 2025-6; implies FY2026 need to add hours for Stephen Perez (see item 3c above) Communications Working Group Report [AM] Comprehensive scorecard update and restructuring underway, with new paid freelancer Rede, in Indonesia (recommended by Khulani) Coalition letters for approval: November 18? ACLU draft letter to Senate Majority Leader Chuck Schumer, opposing KOSA, draft available at https://docs.google.com/document/d/1G5SptpUi3iPEN0wSsedgUTdlzizQeVcX5JNjBYpItrQ/edit?usp=sharing (confirming whether letter was finalized and sent) November 21? Worth Rises draft letter to the New York City Council, in support of Intro 963, the End Correctional Community Surveillance (“ECCoS”) Act, which would end the universal recording, monitoring, and surveillance of jail calls in the NYC Department of Corrections, draft available at https://docs.google.com/document/d/1Rilc6mG1lGPR_Bgmo8SUwQ9qxSoOGXpsdYJmZSZ2B70/edit?tab=t.0 (confirming whether letter was finalized and sent) November 22 Just Futures Law letter to Dir. Alejandro Mayorkas of DHS and Dir. Shalandra Young of OMB, urging compliance of administration with its own AI guidelines by Dec. 1 deadline, available at https://restorethe4th.com/wp-content/uploads/2024/12/Just-Futures-Law-letter-to-OMB-and-DHS-on-AI-and-deportations-2024-12-18.pdf, reported on at https://apnews.com/article/artificial-intelligence-ai-deportation-biden-trump-immigration-0a0c2387762a7342af5668660f0391b5. December 12 ACLU of NY draft letter opposing mask bans under NY state law, draft available at https://docs.google.com/forms/d/e/1FAIpQLSc62GPGnyI5vUFrMM60fShV7kpIXAZ8ZRjsVZpfvM0WAXRX1w/viewform. . December 18 Brennan Center-led joint comment to OMB, responding to their RFI relation to government handling of commercially available information, available at https://restorethe4th.com/wp-content/uploads/2024/12/Joint-Comment-Re-OMB-RFI-on-Agency-Handling-of-CAI-2024-12-16.pdf. RT4 press coverage: Jacobin article on Rep. Raskin becoming Ranking Member of House Judiciary: https://jacobin.com/2024/12/raskin-fisa-judiciary-trump-surveillance Chapter Updates Boston Advocacy opposing UASI funding and increasing oversight of Massachusetts fusion centers Advocacy for strong general state privacy law, and smaller ACLU-sponsored location privacy law Old Business Health insurance is now in place for Stephen; coverage starts 1/1/25. Christina’s RT4 email access in place? New Business Date of Next Meeting 8:30pm, Jan. 13/14/15/16, 2025? Adjournment MINUTES FROM NOVEMBER 6, 2024 BOARD MEETING Welcome and RSVPs: Present, AM, ZM, CD, TC; Absent excused, N/A; Absent unexcused, EQ Secretary's Report [EQ] [In EQ's absence, AM delivered report.] - Board minutes for last meeting, on May 21, 2024: Motion to approve, AM; seconded, TC; approved unanimously without further discussion. - Ratifying board e-vote, on motion by AM, seconded by ZM, "to offer staff at or above 30 hours per week, employer-funded health insurance via the Connecticut health insurance marketplace for small businesses, with us covering 100%." The e-vote was unanimously in favor. The budget has been amended to reflect an estimate of this cost. Motion to ratify, AM; seconded, CD; ratified unanimously without further discussion. Treasurer's Report [TC] RT4 Budget FY2025 (ending June 30, 2025) (as circulated earlier today on Signal, and also attached herewith). Budget summarized by AM; motion to approve, AM; seconded, TC; ratified unanimously without further discussion. Fundraising Report [AM] — DDG funding came in at $50,000, double last year's. — There will be member fundraising between now and Thanksgiving. — AM will reach out to board members and individual large donors to solicit gifts. Litigation Working Group Report [AM] Oct. 9: RT4 filed an amicus participation request in State v. Nagle, a Minnesota Supreme Court case; we will be arguing that lack of corroboration of a confidential reliable informant's tip is relevant to the analysis of whether there is probable cause. Recall that police surveillance technologies are often treated as legally analogous to a tip from a confidential reliable informant. Considering whether to file brief in Jimerson v. Lewis (cert.-stage to SCOTUS), on whether it's clearly established that police aren't entitled to qualified immunity if they do not make a reasonable effort to check whether the house they're raiding is actually the right house. Substantial discussion today with Mahesha; he would prefer us to wait on this one and file at the merits stage. Considering whether to file brief in U. S. v. Chatrie (appeal to the Fourth Circuit), which would be a historical brief arguing that the Founders would have viewed geofence warrants as a kind of unconstitutional general warrant. Mahesha and AM would prefer to file a brief in this case, to constitute the third of three briefs Mahesha is committed to produce for us. Board members are comfortable with these courses of action regarding litigation. Legislative Working Group Report [CD] Barriers to scorecard updates: This item was not discussed, so will be listed for discussion on the December agenda. Lame-duck Congressional advocacy plans: AM outlined the discussions from the Legislative Working Group, focusing on congressional outreach to Democratic members worried about the re-election of Trump. Advocacy plans for transition team are difficult to engage with, because transition team is being very close-mouthed regarding their thinking, so we are deprioritizing this. Communications Working Group Report [AM] Coalition letters for approval — October 10 Brennan Center letter, supporting reforms to the National Emergencies Act, available at https://www.brennancenter.org/our-work/research-reports/coalition-letter-urges-congressional-leadership-pass-national-emergencies. — October 15 Restore The Fourth letter to DNI Haines and NSA Director Timothy Haugh, reminding them to provide previously promised estimate of US persons affected by collection under Section 702; article and letter, signed by 24 civil liberties organizations, available at https://restorethe4th.com/the-nsa-promised-a-public-estimate-of-section-702-surveillance-where-is-it/. — October 29 Center on Privacy and Technology at Georgetown Law letter to DHS, opposing contract with spyware provider Paragon Solutions, available at https://docs.google.com/document/d/1dOWSsC4MK-6CxIrTiqe0GY6kTg6T70CeyUfCslwIErQ/edit?tab=t.0 All coalition letters approved without comment. Chapter Updates - Item deferred to next board meeting Old Business CD asked again about receiving password credentials for her email account; AM had previously promised to chase this up with BS, and will do so again. New Business No new business. Date of next meeting - Proposed: 8:30pm Eastern, December 9 or December 12 - Approved: 8:30pm Eastern, December 12 - Later postponed in board chat to 8:30pm Eastern, December 18 Adjournment moved by ZM, seconded by CD; meeting adjourned at 8:15pm. RESPECTFULLY SUBMITTED Alex Marthews, Chair