Blog of Rights

The House Hearing on Location Tracking Law (or the Lack Thereof)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:44pm

My colleague Catherine Crump testified before Congress today on location tracking and privacy, and the GPS Act that would increase legal protections for our location data. The hearing was before the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations, and you can read her written testimony submitted here.

The chairman of the committee, Rep. Jim Sensenbrenner (D-Wis.), is a strong supporter of updating the law. He opened the hearing by acknowledging that the law has not kept pace with new technology—certainly a truism, and certainly true with regards to location tracking in particular, but one that is good to hear accepted as fact by powerful lawmakers.

Sensenbrenner also slammed the Justice Department for not sending a witness to the hearing. The reason, he reported, is that “it lacks a clear policy position on ECPA,” referring to the 1986 Electronic Communications Privacy Act. When Sensenbrenner was reading Catherine’s bio, which included mention of her efforts to find out how the DOJ is interpreting

ACLU testimony in hearing today on location tracking

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:59am

My colleague Catherine Crump is testifying today at a House committee hearing on location tracking and the proposed GPS Act. The hearing can be watched live here, and Crump's written testimony is online here.

One Year Later, Consumers are Still Waiting on a Do Not Track Standard

By Sandra Fulton, ACLU Washington Legislative Office at 5:52pm

Senator Jay Rockefeller (D-WV), chair of the powerful Senate Commerce Committee, held a hearing today on online consumer privacy and "Do Not Track" standards. Do Not Track is a concept similar to the "Do Not Call" registry, and would allow individuals to signal that they don't wish to have their movements monitored by advertisers as they surf the web. The title of the hearing was "A Status Update on the Development of Voluntary Do-Not-Track Standards." We've got news for you, Congress—the status is not good.

ACLU Submits Comments to the FAA Urging Increased Privacy Protection at Drone Test Sites

By Scott Bulua & Stephen Elkind, NYU School of Law ACLU Technology Law & Policy Clinic at 3:02pm

The ACLU today submitted comments to the FAA on the agency’s incorporation of privacy into its drone “test zones” program. (You can read our comments here.) Through the FAA Modernization and Reform Act of 2012, Congress has required the FAA to develop a plan for incorporating drones into the national airspace, including the establishment of six test sites where such integration can be tested. The FAA has faced delays on the establishment of the test sites, which the FAA has attributed to privacy issues that have, until now, gone unaddressed. So on February 14, 2013, the FAA published proposed privacy requirements for test site operators. The ACLU’s comments on those proposed requirements commend the FAA’s effort to focus on privacy impacts, while also advocating for more meaningful protections.

Newest Word to Take on Orwellian Overtones in Internet Age: “Trust”

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:44pm

What could be warmer and fuzzier than “trust”? Between two human beings, it’s a hard-won bond that binds them together. In society, it is a currency that helps create a prosperous and efficient economy and culture, as thinkers such as Francis Fukuyama and Bruce Schneier have argued. But recently the word has taken on a new cast of ambiguity, and seems to be fast becoming the newest entry in the lexicon of Orwellian formulations, along with such once purely warm and positive words such as “security,” “defense,” and “intelligence.”

Thank You Mr. President – In Big Win for Privacy, Administration Issues CISPA Veto Threat!

By Robyn Greene, ACLU Washington Legislative Office at 12:32pm

Over the last few months, more than 50,000 ACLU supporters signed our petition to the president urging him to veto CISPA if it made it to his desk. Not only did the president hear your calls – yesterday, he answered them with a resounding win for your privacy and civil liberties and threatened to veto CISPA, the dangerous privacy-busting cybersecurity bill.

The president's veto threat echoed many of our concerns, and those that he raised last year when he threatened to veto CISPA 1.0. We have long warned that CISPA threatens Americans' privacy and civil liberties by allowing for companies to share our private information, like our internet records and the content of our emails, with the government. Yesterday's veto threat makes it clear that in spite of recent amendments, CISPA still fails to adequately protect our privacy. As the veto threat states:

Mandatory E-Verify: A Giant Plunge Into a National ID System

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:23pm

Today's release of an immigration reform proposal from the Gang of Eight raises a host of civil liberties issues, many of which the ACLU will undoubtedly be commenting on in the coming days and weeks.

Today, I'm focusing on our concerns with one particular program, E-Verify. Currently, E-Verify is a largely voluntary system where employers can check with the Department of Homeland Security to see if someone is allowed to work. Basically it's a giant list of everyone – immigrants and citizens – legally in the United States.

ACLU Files FTC Complaint Over Android Smartphone Security

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:55am

Yesterday, we filed a complaint with the Federal Trade Commission (FTC) asking the agency to investigate the major wireless carriers for failing to warn their customers about unpatched security flaws in the software running on their phones. These companies—AT&T, Verizon, Sprint and T-Mobile—have sold millions of smartphones to consumers running versions of Google’s Android operating system. Unfortunately, the vast majority of these phones never receive critical software security updates, exposing consumers and their private data to significant cybersecurity-related risks.

IRS Says It Will Respect 4th Amendment With Regard to Email, But Questions Remain

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 4:07pm

With tax day behind us, taxpayers may soon have something else to celebrate from the IRS. In testimony before the Senate Finance Committee today, IRS Acting Commissioner Steven Miller was questioned aggressively about documents released by the ACLU last week that indicate that the IRS does not think it needs a warrant to read all emails and other electronic communications during criminal investigations. Under pressure from senators, Miller agreed to update IRS policy documents within 30 days to state that a warrant is required for access to all emails, regardless of their age.

ACLU Lens: ACLU Responds to Gang of 8 Immigration Plan

By Shawn Jain, ACLU at 1:10pm

The ACLU welcomed the bill summary released late last night by a bipartisan group of key senators – ‘the Gang of 8', and we eagerly await the introduction of complete bill text, expected later today.

For over 90 years the ACLU has defended the rights of all Americans, whether born in this country or somewhere else, because the Constitution protects the civil liberties and civil rights of all people. We will continue to serve in this critical role as the debate over the immigration reform bill begins. Anthony D. Romero, executive director of the ACLU, said: