Some time back I wrote in depth about the implementation of something called Homeland Security Presidential Directive #12 (HSPD#12)which threatened my wife's rights as well as the rights of every Federal employee and contractor (my initial coverage was picked up by the Huffington Post). The directive per se isn't bad, merely requiring a uniform system of issuing IDs to all Federal employees and contractors across all agencies. But, under the Bush Administration, no good idea went unexploited for opportunities to deny people their basic civil liberties. The implementation of HSPD#12 became a wholesale attempt to get anyone with access to a Federal facility (including my wife who was a grad student in a NASA run building) to agree to allow the government to investigate every aspect of their lives from medical records, financial records and interviewing their neighbors. Keep in mind, this has nothing to do with top secret materials. EVERYONE from the Board of Ed to NASA etc. would have to comply. This invasion of privacy is back.

Don't get me wrong. I remain impressed that we are far better off in all ways under Obama than we were under Bush, and I have considerable confidence that even when Bush-era polcies are continued under Obama, they will be applied more intelligently. However, there are definitely many Bush-era attacks on our civil liberties that the Obama Administration wants to continue. And no matter how intelligently they apply it, it remains an attack on civil liberties. One such attack impacts my wife directly.  read more »

Many of you will remember by blogging about my wife's potential run in with Homeland Security. This took the form of a NASA-wide, potentially Federal government-wide, ID system that would have been unacceptably intrusive. I discussed this in a widely read, three part blog that covered Homeland Security Presidential Directive #12, the very intrusive and potentially anti-gay Suitability Matrix, and a Resignation Letter. I also did a few followups on the court challenges to Homeland Security. The whole series was a testament to just what was wrong with Republican Bush America and why we so desperately needed a change.

Well, it seems the threat has been stopped in the Ninth Circuit Court. This comes from the plaintiffs in the case against Homeland Security's intrusive tactics:  read more »

Today an appeals court in California handed a bunch of NASA scientists a victory that is a victory for the civil liberties of all Federal employees and contractors. At stake was the privacy of all NASA scientists and contractors and potentially all Federal employees and contractors. It all stems from a reasonable attempt by Homeland Security to standardize the procedure for obtaining ID cards that allow access to Federal facilities (Homeland Security Presidential Directive #12). The method of implementation required even low-risk employees and contractors (including my wife, a grad student studying climate) to sign a blanket waiver giving the Federal government permission to investigate all aspects of a person's private life, including finiancial and medical records, or risk losing the right to enter their place of employment with the government.  read more »

Just yesterday I delivered the bad news that a judge (a Bush appointee) denied the request of NASA scientists for protection against invasion of their personal privacy by the Federal Government. I mentioned that the case was under appeal. Those who have been following this story will know that this case directly affects my wife, who will also be required to waive her rights if she wants to work at a NASA facility even though none of the work she does is sensitive.

Well, in this case, the courts moved fast. The appeal has been successful and the Ninth Circuit Court has issued an injunction against the oppressive implementation of Homeland Security Presidential Directive #12. I received this news mere minutes ago:

PRESS RELEASE
Date: October 5, 2007

Re:
Nelson, et. al. v. National
Aeronautical and Space Agency, et. al.

NINTH CIRCUIT ISSUES INJUNCTION AGAINST NASA AND JET PROPULSION LABORATORY’S UNCONSTITUTIONAL REQUIREMENT OF INVASIVE BACKGROUND INVESTIGATIONS  read more »

In the ongoing case of my wife (and all other NASA employees and theoretically all Federal employees) vs. Homeland Security (see earlier entries for details: Part I (overview); Part II (the Suitability Matrix); Part III (the resignation letter)), the civil liberties of Federal employees just got dealt a setback. A judge just denied the case of 28 employees of NASA's Jet Propulsion Lab to get court protection from excessively intrusive personal background investigations:

Media Advisory

JPL Employees vs Caltech, NASA and Department of Commerce
Homeland Security Presidential Directive 12

For Immediate Release Oct 3, 2007

JPL Employees to Appeal Negative Ruling by Judge  read more »