Subject: Proposed Berkeley Senate resolution: Patriot Act > Attached (and pasted in below) you will find a proposed resolution > that has been sent to the Academic Senate along with a request for a > special meeting to vote on it. It urges non-compliance with the USA > PATRIOT Act. (Please note that we did not distribute this resolution > widely in search of sponsors, in the interest of time.) There have > been suggestions that it is not strong enough - that is, that it > places too much power in the hands of the Chancellor and doesn't > require him/her to make public any inquiries or subpoenas under the > Patriot Act. However, there are important legal issues involved, which
> doubtless will be discussed at the Senate meeting, and amendments are > possible. The statement was developed by the Faculty-Staff Peace > Committee, with input from other faculty. We are fortunate to have had > the advice and co-sponsorship of Tom Campbell, Dean of the Haas School > of Business and former Republican member of Congress (and a lawyer who > knows the PATRIOT Act well; for recent background, see the article in > the most recent issue of the California Monthly, > http://209.232.194.53/Alumni/Cal_Monthly/December_2003/ > Patriot_vs_patriot_.asp). > > At this point, we would like to ask you to distribute this proposed > resolution as widely as possible among American university colleagues, > especially those at other UC campuses. Please be sure to point out > that it has not yet been passed by the Senate! There is good reason to > believe that the resolution's proposals can only be implemented > systemwide, so pressure has to come from other campuses. We hope, > therefore, that other campuses will pass similar resolutions. An > important goal (see the last point of the resolution) is to get > universities in the U.S. to pressure Congress to revise the Act (there > is such a bill already under consideration), possibly through > concerted action in an organization such as the Association of > American Universities. The AAU is an association of 60 leading > research universities (http://www.aau.edu/aau/members.html), and it > could have considerable influence if it were to make representations > to Congress to amend the Act. Another goal is to get universities to > form a group agreeing to work together to pursue a court case against > the Act if a subpoena is issued. We also feel that there is a good > chance that student groups would take up this issue around the > country. > > If you contact colleagues at another UC campus, please send me a cc. > It would be most helpful if you could send separate emails to > colleagues on each UC campus so that I can organize your emails easily > by campus. Then I can put colleagues on the various campuses in touch > with each other so that they don't duplicate their efforts. > > I will notify you of a strategy session before the Senate meeting. > > Yours, > Dan Wilson > PS: Please let me know if you've received this message twice from me, > or if you'd like your name removed from the list. The list of about > 150 faculty contains, among others, the signers of last year's Emma > Goldman petition that led to the forum on the Patriot Act and its > impact on the campus. > > For information contact Prof. W. Daniel Wilson > <[EMAIL PROTECTED]> > > Resolution on the University's Response > to the USA PATRIOT Act and Related Measures > To be presented to the Academic Senate > University of California, Berkeley > [Submitted to the Senate on Feb. 5, 2004, with a request for a special > meeting] > > WHEREAS the preservation of civil rights and civil liberties is a > pillar of the American polity and is essential to the well-being of > any democracy, particularly during times of conflict when such rights > and liberties may be threatened, and > > WHEREAS the USA PATRIOT Act (Public Law 107-56) and related executive > orders contain provisions that violate basic civil rights of students, > faculty, and staff of the University of California at Berkeley by, > among other things, authorizing > > - secret monitoring of the email communications and internet > activities of students, faculty, or staff, and wiretaps of phones; > -law enforcement access to medical, financial, and academic records > of students, faculty, or staff, without customary administrative > oversight, probable cause, and notification of the person whose > records are being sought; > -law enforcement directives to libraries and bookstores to maintain > and produce records pertaining to circulation and/or purchase of books > by students, faculty, staff, and other patrons while forbidding > disclosure that such records have been requested or provided; > - the arbitrary designation of domestic groups, including > political and religious groups, as "terrorist organizations"; > -the deportation, or indefinite detention, of non-citizens without > charging them with, or showing evidence to them of, a crime; and > > WHEREAS the threat posed by these measures can create an atmosphere of > fear detrimental to the free inquiry and unfettered pursuit of > knowledge that are essential to the mission of the University, be it > therefore > > RESOLVED, that the Senate urge the Chancellor to redesignate all > authority to respond to requests for information, subpoenas, and other > demands received pursuant to the USA PATRIOT Act to the Chancellor, or > to a single designee of the Chancellor, and that the Chancellor > instruct campus employees to refer all such inquiries to this person; > and be it further > > RESOLVED, that the Senate urge the Chancellor and the Chancellor's > designee not to assist or voluntarily cooperate with investigations, > interrogations, or arrest procedures, public or clandestine, that are > in violation of individuals' civil rights or civil liberties as > specified in the Constitution of the United States; and be it further > > RESOLVED, that the Senate urge the Chancellor to assure all campus > employees that legal expenses they might reasonably incur by complying > with the redesignated authority will be borne by the University; and > be it further > > RESOLVED that the Senate urge the Chancellor to petition the Congress > to overturn the provisions of the USA Patriot Act and regulations and > executive orders issued pursuant thereto that violate constitutional > rights, to petition the Congress not to enact further such > legislation, and to seek and support a judicial review of these > statutes, regulations, and executive orders. > > Judith Butler > Rhetoric and Comparative Literature > > Tom Campbell > Haas School of Business > > Timothy Clark > History of Art > > Susan M. Ervin-Tripp > Psychology > > Louise Fortmann > Environmental Science, Policy and Management > > Abdul R. JanMohamed > English > > Claire Kramsch > German and Graduate School of Education > > Anne Wagner > History of Art > > L. Ling-chi Wang > Ethnic Studies > > Donald S. Moore > Anthropology > > Ann Smock > French > > Michael Watts > Geography > > W. Daniel Wilson > German
