POGO: Protecting our rights during a pandemic

POGO Weekly Spotlight <reply@pogo.org>

To:Daisy Powell

Sat, Apr 18 at 9:00 AM

April 18, 2020

This week, we took a step back and looked at how the nation’s response to the COVID-19 crisis could encroach on our civil rights. As part of a weekly series on COVID-19 and the Constitution, our team at The Constitution Project held a virtual briefing for journalists on the surveillance measures governments and companies are considering to help contain the pandemic.   Jake Laperruque, a senior counsel here, called for any surveillance programs developed to track COVID-19 have the necessary guardrails to protect information and prevent any data collected to be used for other purposes. His comment was highlighted in an Associated Press story on the debate surrounding this issue. Jake and the guest speakers who spoke during the briefing also noted that surveillance and cellphone tracking may not even prove all that useful in tracking and containing COVID-19. ANALYSIS The Purse Is Mightier than the Sword. Now Congress Needs to Use It. It has become increasingly clear in recent years, and even more so in recent months, that Congress needs to adjust its approach to oversight if it is to act as an effective counterweight in the American system of checks and balances. And as the White House has ramped up attacks on inspectors general—the independent watchdogs overseeing federal agencies—it’s more urgent than ever for Congress to reassert its oversight authority. Read more ANALYSIS Rethinking Post-Coronavirus Threats We traded the War Department for the Department of Defense following World War II. It’s time to retool today’s reality to fit the rhetorical change we made 70 years ago. The coronavirus challenge is to recalibrate the nation’s defense. And that’s in the literal sense of the word, not synonymous with military. Read More LETTER Coalition Urges Congress to Reject Pentagon Proposal to Weaken Lobbying Laws The Pentagon has proposed allowing former Defense officials to participate in behind-the-scenes activities related to lobbying directly after leaving the government, reversing a loophole that was closed a couple years ago by Senator John McCain (R-AZ). It would be unacceptable for Congress to accept this proposal. Read More OP-ED It's more clear now than ever: Inspectors general need stronger protections In order to ensure oversight of the coronavirus economic rescue package is conducted independently, Congress must pass a law protecting inspectors general from unwarranted removal by the president. And it needs to do so right now. Read More PODCAST Surveillance in a Pandemic: Preserving Civil Liberties In a virtual briefing, POGO and several guest speakers examined surveillance measures in response to the COVID-19 pandemic. The discussion looks at the obstacles to effective contact tracing systems, and what principles should guide the government if it does choose to enact public health surveillance measures as part of its pandemic response. Listen QUOTE OF THE WEEK “Essentially what we learned from the IG report is that while there was no successful effort to influence the award, it appears that they tried given the fact that they invoked the privilege. ... And that’s not okay. There’s no place for the president’s personal vendettas in a contracting decision.” Danielle Brian, Executive Director, in The Washington Post ONE LINERS “The last thing Congress should do is give the influence-peddling industry even more unfettered access to how the department spends more than $700 billion per year.” Mandy Smithberger, Director of the Center for Defense Information, in Roll Call   “This is an unprecedented level of relief and it needs an unprecedented level of oversight. ... We need every dollar in this relief package to make a difference. We can’t afford to have any of it wasted or stolen out from underneath us.” Sean Moulton, Senior Policy Analyst, in the Associated Press   “We need to build necessary guardrails for civil liberties. ... If new data is being collected for public health purposes, it should only be used for public health purposes.” Jake Laperruque, Senior Counsel for The Constitution Project at POGO, in the Associated Press   “Stockpiling necessary goods and supplies is one answer, but the other answer is to have pre-negotiated contracts in place that allow buying at normal prices rather than elevated emergency prices. ... The same problem arose after Hurricane Katrina hit the Gulf Coast, and it doesn’t look like we have learned many lessons from that experience.” Scott Amey, General Counsel, in Quartz

pogo.org The Project On Government Oversight (POGO) is a nonpartisan independent watchdog that investigates and exposes waste, corruption, abuse of power, and when the government fails to serve the public or silences those who report wrongdoing. We champion reforms to achieve a more effective, ethical, and accountable federal government that safeguards constitutional principles.

Project On Government Oversight 1100 G Street NW, Suite 500 Washington, DC 20005 United States