Blog of Rights

CISPA's Problem Isn't Bad PR, It’s Bad Privacy

By Robyn Greene, ACLU Washington Legislative Office at 11:28am

Representative Mike Rogers (R-MI) made the argument last week that the privacy community’s significant concerns with CISPA, the privacy-busting cybersecurity bill, don’t stem from actual problems with the bill language, but rather from a misunderstanding of the bill itself. Speaking on behalf of himself and his co-sponsor, Representative Dutch Ruppersberger (D-MD), he told The Hill, “We feel that the bill clearly deals with privacy, that the checks and balances are there, but [we] know there's still a perception and we're still trying to deal with that.”   

DOJ Emails Show Feds Were Less Than "Explicit" With Judges On Cell Phone Tracking Tool

By Linda Lye, Staff Attorney, ACLU of Northern California at 11:06am

(Update below)

A Justice Department document obtained by the ACLU of Northern California shows that federal investigators were routinely using a sophisticated cell phone tracking tool known as a "stingray," but hiding that fact from federal magistrate judges when asking for permission to do so.

Eight Factors That Will Shape How America Adapts to Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:25pm

How domestic drones will affect our privacy depends on how the technology is used and deployed. And that depends on a lot of factors. Technologies never exist in isolation—their impact on society is always the result of interactions between the technology's potential, existing institutions and interests, and the law, architecture, and culture around them. We should put good privacy protections in place no matter what, but as drone technology unfolds, here are some of the factors that could influence the size and scope of their deployment within the United States:

Congress Must Act to Stop Unwarranted Tracking by Law Enforcement

By Sandra Fulton, ACLU Washington Legislative Office at 10:22am

In an effort to rein in overreaching law enforcement practices, Rep. Jason Chaffetz (R-Utah) and Sen. Ron Wyden (D-Ore.) yesterday re-introduced the GPS Act, which would require a warrant for location tracking and create a critical check on the growing use of these invasive searches.

Even Amidst a Host of Congressional Priorities, Drones Makes the Cut

By Sandra Fulton, ACLU Washington Legislative Office at 12:00am

While Congress has been considering the idea of regulating domestic drone use for some time, yesterday kicked off the debate in earnest when Sen. Patrick Leahy (D-Vt.) called a hearing in the Senate Judiciary Committee on "The Future of Drones in America: Law Enforcement and Privacy." Considering everything the committee has on its plate right now—from immigration reform to gun regulations—the fact that the senators prioritized this hearing underscores how important and timely they believe the issue is, and how much impact drones have had on the American psyche.

A Fourth Amendment Application for the Internet

By Grover G. Norquist, President, Americans for Tax Reform & Laura W. Murphy, Director, ACLU Washington Legislative Office at 3:35pm

Originally posted on Politico.com

Technology has changed dramatically since 1986. With free, unlimited email storage and high-speed broadband service widely available, we no longer have to download email onto our hard drives. Instead, we indefinitely store our email and other personal effects — private reflections, financial records, photographs and love letters — in the "cloud," where the power and flexibility of massive servers are available for free or at very low cost.

With CISPA, "It's all just a little bit of history repeating..."

By Robyn Greene, ACLU Washington Legislative Office at 4:48pm

The Propellerheads may have been talking about fashion trends when they sang that "to me it seems quite clear that it's all just a little bit of history repeating." But that sentiment rings loud and true today when talking about the privacy-busting cybersecurity bill CISPA.

Leaders of the House Intel Committee reintroduced CISPA with the same privacy flaws as last year. While they suggested at its unveiling that they worked with the privacy community and addressed our concerns, they didn't. This is the same bill, with the same problems.

The Bipartisan Push for Digital Due Process Rights Grows Stronger Every Day

By Sandra Fulton, ACLU Washington Legislative Office at 1:55pm

It's a big week for reforming the Electronic Communications Privacy Act (ECPA), a little-known law which safeguards internet communications but hasn't been touched in nearly 30 years.

Yesterday the ACLU joined Americans for Tax Reform to push for an update to the law, and today Sen. Leahy (D-Vt.) and Sen. Mike Lee (R-Utah) introduced a bipartisan bill that would do just that. The bill would require police to get a warrant before accessing email and all other online communications, like Facebook posts or photos we store in the cloud with Google, Yahoo, or any other provider. In addition, the House Judiciary Committee began a series of hearings today on updating ECPA. (ACLU statement for the record is here).

ACLU in Court Today Arguing that GPS Tracking Requires a Warrant

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 9:59am

Should law enforcement agents have to obtain a warrant based on probable cause to attach a GPS tracker to a vehicle and track its movements? Several months ago we asked the Third Circuit Court of Appeals to consider our argument that they should (you can read our amicus brief here). Today, we will be in court arguing that point in the case of Harry, Mark, and Michael Katzin.

Intel Officials Admit "Cyber Pearl Harbor" Unlikely Soon, Agree Cyber Should be Kept in Civilian Hands

By Robyn Greene, ACLU Washington Legislative Office at 4:27pm

Privacy protection, and the debate about whether to house information-sharing programs in a civilian or military agency, dominated three congressional hearings on cybersecurity this week.

In separate hearings Tuesday in the Senate Select Committee on Intelligence and the Armed Services Committee, leaders of the intelligence community called cyberattacks the greatest threat to the U.S. at this time—but admitted that the kinds of catastrophic attacks imagined by reporters and cyber experts were only a "remote" possibility in the near future.