The ACLU today released a set of “Core Legal Principles” that we believe should govern U.S. border policies – specifically, a “North American Security Perimeter” plan that the United States and Canada are expected to announce this week.
As a border state, Maine has felt the full brunt of tightened border security in the wake of 9/11. Unfortunately, a new joint agreement may simply add another layer of personal intrusion for those crossing the border.
Jay Staley writes at the ACLU Blog of Rights that civil liberties may take the fall:
"the question is: will the privacy, the constitutional right to travel, and other civil liberties of Americans and Canadians be the victim here?
While many parts of the agreement may be fine, many of the U.S. security policies that the countries may be “harmonizing” are problematic. For example:
- The objective of “addressing threats early,” while a good thing on its face, also raises the specter of “pre-crime” – ominous efforts at the suspicionless monitoring and evaluation of individuals without proper legal process.
- The U.S. watch list system has been a disaster – bloated, error-filled, and lacking due process.
- A pattern of politically motivated domestic spying in the United States that needs to end.
- The issue of cybersecurity raises significant privacy concerns.
- The lack of U.S. privacy oversight (including Obama’s refusal to fill a congressionally-mandated oversight board) remains a concern."