Blog of Rights

VICTORY! Supreme Court Decides: Our Genes Belong to Us, Not Companies

By Sandra S. Park, ACLU Women's Rights Project at 11:35am

Should companies be able to patent human genes? Today, the Supreme Court answered that profound question with a resounding NO.

Seems like common sense, right? But over the last 30 years, the U.S. Patent Office has issued patents on thousands of human genes, including genes associated with colon cancer, Alzheimer's disease, muscular dystrophy, and many other devastating diseases. The status quo meant that companies controlling gene patents had the right to stop all other scientists from examining, studying, testing, and researching our genes.

Human Gene Patents Struck Down: Reactions from the Plaintiffs

By Sandra S. Park, ACLU Women's Rights Project at 4:18pm

For the last four years, I've had the honor of representing 20 amazing organizations and individuals in our challenge to human gene patents. They include: leading organizations of pathologists and geneticists; scientists, physicians, and genetic counselors who work every day to improve our understanding of the connection between genes, disease, and treatment and the care they provide to patients; breast cancer and women's health groups, who spoke out against the effects of these patents on patients; and women who have family histories of breast and ovarian cancer, or who have already been diagnosed with cancer, and faced obstacles to their medical care because of these patents.

Some Thoughts on DMV Image Databases and the Police

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:28pm

The Washington Post has an excellent, in-depth article today on the growing use of driver’s license photo databases combined with face recognition analytics by police.

There are two ways to think about this. First, it is yet another long stride toward a surveillance society:

A Step Towards Surveillance Transparency

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 5:14pm

When Google published its first government transparency report in 2010, critics of the company showered praise upon the company, and rightly so. At a time when other internet companies were fearful of "stick[ing] their head up" by publishing surveillance statistics, Google boldly led the way. In recent years, Twitter, Microsoft, Dropbox, LinkedIn, Sonic.Net, SpiderOak and Silent Circle all followed, and received well deserved praise for doing so from public interest advocates.

Is it Legal to Photograph or Videotape Police?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:35am

Taking photographs and video of things that are plainly visible in public spaces is a constitutional right.

Keeping the Government Out of Your Smartphone

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:48am

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.

Should Facebook Censor Misogynistic Material?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:57am

The New York Times ran an article yesterday about pressure that is mounting on Facebook to censor websites full of awful misogynistic material. The company said it was reviewing its processes for dealing with content under its hate speech policy.

Protecting Outrageous, Offensive Speech

By Suzanne Ito, ACLU at 4:15pm

Today, the Supreme Court heard oral arguments in a crucial First Amendment case.

Most people are at least somewhat aware of Fred Phelps and his Westboro Baptist Church, notorious for protesting military funerals with its "God Hates Fags" and "Thank God for Dead Soldiers" signs. Albert Snyder, the father of slain Iraq war soldier Matthew Snyder, sued Phelps after he protested at Matthew's funeral.

James Watson, Discoverer of DNA: Patenting Human Genes Is “Lunacy”

By Sandra S. Park, ACLU Women's Rights Project at 12:11pm

Recently, Dr. James Watson filed an amicus brief opposing gene patents in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”

How Big a Deal is H.R. 347, That “Criminalizing Protest” Bill?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:56am

Recent days have seen significant concern about an unassuming bill with an unassuming name: the "Federal Restricted Buildings and Grounds Improvement Act of 2011." The bill, H.R. 347, has been variously described as making the First Amendment illegal or criminalizing the Occupy protests.

The truth is more mundane, but the issues raised are still of major significance for the First Amendment.