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October 15, 2014 0

The Shepard-Byrd Hate Crimes Prevention Act: Five Years Later

The Matthew Shep­ard and James Byrd, Jr. Hate Crimes Pre­ven­tion Act (HCPA), enacted into law on Octo­ber 28, 2009, is the most impor­tant, com­pre­hen­sive, and inclu­sive fed­eral hate crime enforce­ment law passed in the past 40 years.Matthew_Shepard_and_James_Byrd,_Jr._Hate_Crimes_Prevention_Act

The HCPA encour­ages part­ner­ships between state and fed­eral law enforce­ment offi­cials to more effec­tively address hate vio­lence, and pro­vides expanded author­ity for fed­eral hate crime inves­ti­ga­tions and pros­e­cu­tions when local author­i­ties are unwill­ing or unable to act.  Impor­tantly, the HCPA adds sex­ual ori­en­ta­tion, gen­der, gen­der iden­tity and dis­abil­ity to the groups which pre­vi­ously had fed­eral pro­tec­tion against hate crimes – race, color, reli­gion and national origin.

For more than a dozen years, the Anti-Defamation League led a broad coali­tion of civil rights, reli­gious, edu­ca­tional, pro­fes­sional, law enforce­ment, and civic orga­ni­za­tions advo­cat­ing for the HCPA. The leg­is­la­tion was stalled by fierce oppo­si­tion from some con­ser­v­a­tive orga­ni­za­tions — and, for eight years, by Pres­i­dent George W. Bush — in large part because it pro­vided new author­ity for the FBI and the Jus­tice Depart­ment to inves­ti­gate and pros­e­cute cases in which mem­bers of LGBT com­mu­ni­ties were tar­geted for vio­lence.  Ener­getic sup­port by Pres­i­dent Barack Obama and Attor­ney Gen­eral Eric H. Holder, Jr.  was essen­tial to achiev­ing final pas­sage of the measure.

The HCPA has proven to be a valu­able tool for fed­eral pros­e­cu­tors.  The Depart­ment of Jus­tice has brought more than two dozen cases over the past five years – and has suc­cess­fully defended the con­sti­tu­tion­al­ity of the Act against sev­eral con­sti­tu­tional chal­lenges.

Enact­ment of the HCPA also sparked a wel­come round of police train­ing and out­reach – and the devel­op­ment of a num­ber of sig­nif­i­cant new hate crime train­ing and pre­ven­tion resources, includ­ing an updated Hate Crime Model Pol­icy pre­pared by the Inter­na­tional Asso­ci­a­tion of Chiefs of Police.

Yet, much work remains to be done.  Hate crimes remain a seri­ous national prob­lem. In 2012 (accord­ing to the most recent data avail­able) the FBI doc­u­mented more than 6,500 hate crimes – almost one every hour of every day. The most fre­quent were moti­vated by race, fol­lowed by reli­gion and sex­ual ori­en­ta­tion.  Of the crime moti­vated by reli­gion, more than 60 per­cent tar­geted Jews or Jew­ish institutions.

Unfor­tu­nately, more than 90 cities with pop­u­la­tions over 100,000 either did not par­tic­i­pate in the FBI 2012 data col­lec­tion pro­gram or affir­ma­tively reported zero (0) hate crimes. That is unac­cept­able. As FBI Direc­tor James B. Comey said in remarks to the 2014 ADL Lead­er­ship Sum­mit, “We must con­tinue to impress upon our state and local coun­ter­parts in every juris­dic­tion the need to track and report hate crime. It is not some­thing we can ignore or sweep under the rug.”

The fifth anniver­sary of the HCPA pro­vides an impor­tant teach­able moment.  It is a fit­ting occa­sion for advo­cates, the Obama Admin­is­tra­tion, and Con­gress to pro­mote aware­ness of the HCPA, to report on the progress our nation has made in pre­vent­ing hate vio­lence, and to reded­i­cate our­selves to effec­tively respond­ing to bias crimes when they occur.

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October 14, 2014 1

Florida Temple Latest Target For ISIS Sympathizing Hackers

Update — 10/15/14: ADL alerted Face­book about the “Team Sys­tem Dz”  Face­book page. The page was removed from Face­book by the fol­low­ing day. ADL applauds Facebook’s response to the hacker group’s effort to exploit its service. 

Last week, as Jews were cel­e­brat­ing the hol­i­day of Sukkot, a hacker group call­ing itself “Team Sys­tem Dz” attacked the web­site of Tem­ple Kol Ami Emmanu-El in South Florida, redi­rect­ing vis­i­tors to a page with mes­sages express­ing sup­port of the Islamic State in Iraq and Syria (ISIS).team-system-dz-florida-temple-hackers

Vis­i­tors to the synagogue’s web­site were directed to state­ments in Eng­lish such as “I love you ISIS” and an Ara­bic state­ment promis­ing to “never for­get about the heroes of the Mus­lim Ummah [nation] who sac­ri­ficed their lives for the sake of God,” an appar­ent ref­er­ence to ISIS fight­ers. Vis­i­tors also saw an image of the Star of David crossed out next to the words, “F[ ] You Israel.

This inci­dent is the lat­est in a series of attacks against Jew­ish insti­tu­tional web­sites car­ried out by groups appar­ently based in the Mid­dle East and North Africa. While past hack­ing efforts against Jew­ish insti­tu­tions have focused on the Israeli Pales­tin­ian con­flict, more recent attacks against Jew­ish and non-Jewish tar­gets are being car­ried out in the name of ISIS.

“Team Sys­tem Dz” claimed credit for and bragged about its “hacks of Jew­ish web­sites espe­cially the web­site of the Miami tem­ple” on its Face­book page. The claim of credit noted that the attack “coin­cided with the time of one of the Jew­ish cel­e­bra­tions [and] cre­ated a big noise on media sites.” The group’s Face­book page also claims to have tar­geted other web­sites, includ­ing other Jew­ish and Israeli web­sites around the world.

Yes­ter­day the group threat­ened addi­tional attacks against Amer­i­can and Israeli web­sites. “…we will spend all the time for a mas­sive num­ber of attacks on Amer­i­can and Israeli web­sites, with God’s will they will be hacked. Curse upon Amer­ica and Israel.”

The group appears to be based in Alge­ria; its Face­book pro­file cover image includes the phrase “Proud to be Alger­ian” and other posts fea­ture Alger­ian flags and sym­bols. The “Dz” in the group’s name seems to be a ref­er­ence to the inter­net domain des­ig­na­tion for Alge­ria. Fur­ther­more, most announce­ments on the page are writ­ten in the Alger­ian Ara­bic dialect.

In addi­tion to “Team Sys­tem Dz,” the name “Jor­dan Earth­quake” in Ara­bic was also listed on the page that the temple’s vis­i­tors were redi­rected to.  “Jor­dan Earth­quake” appears to be a hacker closely affil­i­ated with “Team Sys­tem Dz.” Var­i­ous posts on the group’s Face­book page indi­cate that “Jor­dan Earth­quake” is a part­ner in sev­eral of its hack­ing operations.

The “Team Sys­tem Dz” Face­book page also con­tains mate­ri­als pre­pared by the media bureau of ISIS. The group’s Twit­ter han­dle uses sev­eral ISIS-related hash­tags and includes links to many media accounts about the temple’s website’s hacking.

Jew­ish web­sites in the U.S. have become a com­mon tar­get for hacker groups in the Arab and Mus­lim world. Below is a sam­pling of attacks launched by var­i­ous hacker groups against Jew­ish insti­tu­tions in the U.S. in the past few years.

  • In July 2014, The Moroc­can Islamic Union-mail hacker group claimed respon­si­bil­ity for van­dal­iz­ing the web­sites of Jew­ish con­gre­ga­tions in Penn­syl­va­nia and Hous­ton with mes­sages in sup­port of Gaza.
  • In Decem­ber 2013, the Tunisia based group, Fal­laga, hacked the web­site of the Missouri-based Jew­ish Radio.
  • In July 2013, the web­site of a Jew­ish com­mu­nal high school pro­gram in upstate New York was hacked by a mem­ber of the Gaza Hack­ers Team. The web­site was defaced with anti-Israel messages.
  • In Decem­ber 2012, the Bangladesh Cyber Army hacker group tar­geted the web­site of a Tem­ple in Omaha and posted images depict­ing what the group called “Israel killing children.”

Other hacker groups like aljyyosh (“the armies” in Ara­bic) claim to have hacked into per­sonal infor­ma­tion belong­ing to Amer­i­can Jews and Israelis and pro­vided instruc­tions on how to hack into such per­sonal infor­ma­tion on their var­i­ous online forums.

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October 13, 2014 0

Supreme Court Inmate Beard Case Illustrates True Purpose Of Federal Free Exercise Laws

Last week, the U.S. Supreme Court heard argu­ments in a case (Holt v. Hobbs) brought by an obser­vant Mus­lim inmate chal­leng­ing an Arkansas Depart­ment of Cor­rec­tions (“DOC”) pol­icy bar­ring beards worn for reli­gious rea­sons.  ADL had joined a friend-of-the-court-brief filed by a coali­tion of reli­gious orga­ni­za­tions in sup­port of the inmate.   Given the facts of the case, the ques­tions and answers at oral argu­ment, and the Court’s overly broad read­ing of a fed­eral law sim­i­lar to the one at issue in this case, there likely are five jus­tices who will side with the inmate.holt-v-hobbs

Forty state prison sys­tems allow inmates to wear beards with­out lim­i­ta­tion, and another three allow beards with some lim­i­ta­tions.  But the DOC pro­hibits inmates from wear­ing half-inch beards for reli­gious reasons.

The inmate – Gre­gory Holt – chal­lenged the beard pol­icy under the Reli­gious Land Use and Insti­tu­tion­al­ized Per­sons Act (“RLUIPA”).   It is sis­ter leg­is­la­tion to the Reli­gious Free­dom Restora­tion Act (“RFRA”), the law at issue in the trou­bling Hobby Lobby deci­sion where the Court found that the Afford­able Care Act’s con­tra­cep­tion man­date “sub­stan­tially” bur­dened the reli­gious exer­cise of a for-profit cor­po­ra­tion.  Both statutes apply strict scrutiny – the most robust con­sti­tu­tional stan­dard – when neu­tral laws or gov­ern­ment rules sig­nif­i­cantly bur­den reli­gious exercise.

At the argu­ment, DOC’s attor­ney jus­ti­fied the beard pol­icy based on pris­oner misiden­ti­fi­ca­tion and hid­den con­tra­band con­cerns.  But he could not cite to an exam­ple of either.  The attor­ney also had dif­fi­culty explain­ing why the Court should give def­er­ence to the pol­icy when inmates are per­mit­ted to have quarter-inch beards for med­ical rea­sons, wear their hair to the mid­dle of the neck, and grow Afros with­out lim­i­ta­tion, all of which arguably could pose the same concerns.

This case reflects the true pur­pose of both RLUIPA and RFRA: to shield reli­gion from gov­ern­ment bur­dens — not detri­men­tally impos­ing reli­gious beliefs on oth­ers as was the case in Hobby Lobby.  Based on DOC’s fail­ure to show a mate­r­ial effect on prison secu­rity, the Court should find in favor of Mr. Holt.  Allow­ing him to wear a short beard upholds his reli­gious lib­erty with­out impos­ing his faith on or caus­ing harm to others.

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