| 词条 | Fazaga v. FBI |
| 释义 |
|name = Fazaga v. FBI |court = United States District Court for the Central District of California |full name = |citations = 884 F.Supp.2d 1022 (2012) |date decided = August 14, 2012 |judge = Cormac J. Carney |related actions = |keywords = |image = }}Fazaga v. FBI (#SACV11-00301 aka #SA11-CV0-00301CJC) was a 2011 class action lawsuit in the United States District Court for the Central District of California, alleging unconstitutional law enforcement surveillance, which was dismissed in 2012 due to a state secrets privilege defense.[1] Filed in February 2011, the lead counsel was provided by the American Civil Liberties Union; the Council on American-Islamic Relations was also involved. The case revolved around questions of the legality of mass surveillance and religious profiling. Eric Holder, the Attorney General at the time (under the Obama administration), helped defend the FBI's actions leading up to Fazaga. The case was dismissed in August 2012, primarily on the grounds of state secrets privileges, by judge Cormac J. Carney. In a 2013 book on transparency is legal contexts, Andrea Bianchi et al. noted that although public opinion is supportive of transparent actions (even when involving security-sensitive governmental law enforcement), there are "dark sides of transparency" which might make one question the wisdom thereof. In an opinion piece in 2014 for Al Jazeera, assistant professor of history Abdullah Al-Arian at Georgetown University criticized the use of informants in Fazaga. Notes1. ^{{cite book|last=Greenberg|first=Ivan|title=Surveillance in America: Critical Analysis of the FBI, 1920 to the Present|url=https://books.google.com/books?id=TrRvqYQL_soC&pg=PA31|accessdate=7 February 2017|year=2012|publisher=Lexington Books|isbn=9780739172476|pages=31–}} }}{{refn|name=rushin2011| {{cite web|title= The judicial response to mass police surveillance. |author= S Rushin |work= U. Ill. JL Tech. & Pol'y |date= 2011 |publisher= HeinOnline |page=323 |url= http://illinoisjltp.com/journal/wp-content/uploads/2013/10/Rushin.pdf#page=43 |via= HeinOnline |access-date= February 7, 2017 |quote=...The American Civil Liberties Union (ACLU) has filed a class action complaint against the FBI in the Central District of California alleging that the FBI used an informant to 'indiscriminately collect personal information on hundreds and perhaps thousands of innocent Muslim Americans in Southern California.... [T]he FBI did not gather the information based on suspicion of criminal activity, [but] instead it gathered the information simply because the targets were Muslim.' ...Fazaga v. Fed. Bureau of Investigation, No. SACV11-00301 (C.D. Cal. Feb. 22, 2011). ... }}}} {{refn|name=bianchi2013| {{cite web|url= https://books.google.com/books?id=HQtaAQAAQBAJ&lpg=PR9&ots=wNuNye5TWv&dq=Fazaga%20fbi&lr&pg=PR9#v=onepage&q=fazaga&f=false |title= Transparency in international law |editor= Andrea Bianchi and Anne Peters |date= 2013 |page= 2 |quote= ...In contrast, the opposites of transparency, such as secrecy and confidentiality, have taken on a negative connotation... largely considered as manifestations of power and, often, of its abuse. ...we no longer see why one should be secretive about their business, whatever the latter is. All the more so if the activity in question concerns the administration of the public good. Not even in such areas as security and public order is public opinion particularly in favour of tolerating restrictions on transparency. The State secrets privilege that is often invoked in courtrooms to shield government officials against scrutiny in security-sensitive cases causes most people to frown. ...the recent decision concerning an FBI programme of surveillance on the civilian population; US Central District Court of California, Southern Division, Fazaga v. FBI, Decision of 14 August 2012, 2012 WL 3327092. ... Overall, the world to which we aspire is a transparent one. The purpose of the following remarks is to call the wisdom of this aspiration into question by investigating a few of the dark sides of transparency... }}}} {{refn|name=csmonitor2011| {{cite web|url= http://www.csmonitor.com/USA/Justice/2011/0223/Muslim-group-sues-FBI-over-surveillance-at-California-mosques |title= Muslim group sues FBI over surveillance at California mosques: Council on American-Islamic Relations and ACLU say a paid FBI informant violated the First Amendment rights of worshipers at several California mosques, targeting the most devout. They sued the FBI Wednesday. |author= Patrik Jonsson (staff writer) |date= February 23, 2011 }}}} {{refn|name=chnews2011| {{cite web|title= Muslims Say FBI Informant Dealt Drugs While Snooping on Believers' Sex Lives |author= Bridget Freeland |work= courthousenews.com |publisher= Courthouse News Service |date= February 24, 2011 |url= http://www.courthousenews.com/2011/02/24/34410.htm |via= masthead |quote= ...in July 2006, FBI agents ...directed undercover informant Craig Monteilh to infiltrate the mosques in Southern California and paid him... [to] create video and audio recordings of Muslim activities, the plaintiffs claim. ... Monteilh sued the FBI for $10 million in January 2010... In the new class action [lawsuit filed in 2011], named plaintiff Sheikh Yassir Fazaga, an imam with the Orange County Islamic Foundation, says that he can no longer counsel congregants at the mosque because they fear surveillance. Fazaga claims that since having contact with Monteilh he [has been regularly delayed at airport screenings when travelling internationally] ... [the Fazaga lawsuit seeks] damages from the FBI, its Director Robert Mueller... for violations the First, Fourth and Fifth Amendments, the Privacy Act, the Religious Freedom Restoration Act and the Foreign Intelligence Surveillance Act... [plus] destruction of the information the FBI [allegedly] obtained illegally. Its lead counsel is Peter Bibring with the ACLU of Southern California... }}}} {{refn|name=ocweekly2011| {{cite web|url= http://www.ocweekly.com/news/attorney-general-eric-holder-chastised-for-move-to-quash-suit-against-fbi-for-spying-on-muslims-in-oc-6463953 |title= Attorney General Eric Holder Chastised for Move to Quash Suit Against FBI for Spying on Muslims in OC |date= August 5, 2011 |author= Matt Coker |publisher= OC Weekly }}}} {{refn|name=aljazeera2014| {{cite web|url= http://www.aljazeera.com/indepth/opinion/2014/07/informants-manufacturing-terror-20147218131267614.html |date= July 21, 2014 |title= The informants: Manufacturing terror: The use of informants to target communities is one of the most alarming trends to have developed since 9/11 |author= Abdullah Al-Arian (assistant professor of history at Georgetown University, School of Foreign Service in Qatar) |publisher= Al Jazeera }}}} {{refn|name=motherjones2012| {{cite web|url= https://www.motherjones.com/mojo/2012/08/fbi-sting-lawsuit-blocked-state-secrets-doctrine |title= FBI Sting Lawsuit Blocked by 'State Secrets' Doctrine |date= August 15, 2012 |author= Adam Serwer }}}} }} 3 : 2011 in law|United States District Court for the Central District of California cases|Class action lawsuits |
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