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Status of Domestic Drone Legislation in the States

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:21pm


Updated 5/23/13

We’re currently seeing an unprecedented surge of activity in state legislatures across the country aimed at regulating domestic surveillance drones. (My colleagues Jay Stanley and Catherine Crump have this recent piece detailing the trend.) Working closely with our lobbyists in state capitols around the country, we have been tracking this activity and working hard to make sure these privacy-protective bills become law. The chart below shows the current status of state legislation as we understand it. We will update this as we receive new information.

Towns Don't Need Tanks, But They Have Them

By Allie Bohm, Advocacy & Policy Strategist, ACLU & Emma Andersson, Criminal Law Reform Project at 2:59pm

Keene, New Hampshire has a population of 23,409, except during the months of July and August when campers flock in for the summer. Keene's violent crime index? 134.4, compared to a national average of 213.6. Most common crime? Theft. Good thing the federal Department of Homeland Security (DHS) gave Keene money to buy a BearCat, an armored counter-attack vehicle. What is Keene using its BearCat for? Good question.

If It’s Reasonable in Denver: Lessons in Location Tracking from Colorado

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:00am

 

In April, ACLU of Colorado filed public records requests seeking to learn about their local law enforcement agencies’ policies, procedures, and practices for tracking cell phones, bringing the total count of ACLU-filed cell phone location tracking public records requests to over 400. (We’ve written about what we’ve learned nationwide here, here, here, here, and here, and our findings were featured in a front page story in the New York Times in April). What Colorado learned is particularly interesting because a remarkable number of law enforcement agencies in Colorado are getting probable cause warrants before tracking cell phone location information—Arvada, Boulder, Colorado Springs, Denver, and El Paso County always get warrants in investigative circumstances—and because Denver’s practices pretty much follow existing legislative proposals, proving these bills totally workable.

Another High School Rejects Stereotypes and Returns to Coeducation

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:06pm

Central High School in La Crosse, Wisconsin has an anti-discrimination policy that reads pretty much like any other high school's anti-discrimination policy: It is the policy of the School District of La Crosse . . . that no person on the basis of sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional, or learning disability, may be denied . . . participation in, be denied the benefits of, or be discriminated against in any curricular . . . program . . . And, we're happy to report that Central High is finally back in the business of living up to its policy.

I’d Like to File a Complaint

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 5:10pm
Today, we’re filling formal complaints with the Department of Education’s Office for Civil Rights (OCR) about two schools that are teaching stereotypes, not kids.
 
Picture this: You’re in fifth grade. Maybe you’re in sixth grade. And, you go to public school. You show up for class on Monday morning, and if you’re a boy, you’re ushered into a bright classroom. You’re given the option of sitting on a bouncy ball – or of standing at your desk or even of moving around the room, if you prefer. You’re also given stress balls to play with and headphones to keep out the noise the other students make, if you chose to use them. The teacher doesn’t look you in the eye, speaks in strong, direct tones, and gives minimal instructions, leaving you to figure out how to execute the assignment at hand. Your teacher talks about “‘being a man,’ that is, an adult male who is essential to his community’s care and development.” Businessmen from the community and other role models regularly come in to meet with your class or with you one-on-one.

New Results From Our Nationwide Cell Phone Tracking Records Requests

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 2:04pm

It’s been over a year since 35 ACLU affiliates filed over 380 public records requests with state and local law enforcement agencies seeking information about their policies, procedures, and practices for tracking cell phones. And 13 months later (and in the wake of this front page article in the New York Times), we’re still handling responses. We’ve posted the latest batch of documents received on our interactive webmap; here are highlights:

Drone Legislation: What’s Being Proposed in the States?

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:15pm

It's a race to see which state will be the first to pass legislation governing domestic drone use. Coming out of the gate first was Florida, which passed a bill through several committees in the Senate back in January. This is notable since the Florida legislature didn’t officially convene until March 5—they thought this issue was so important that they moved the bill during their committee organizing sessions. Then Montana pulled up from behind, passing two drones bills all the way through their Senate by mid-February. But, Virginia raced ahead, sending two bills to their governor’s desk by the beginning of March, where they currently await signature.

Documents Obtained by ACLU Shed Light on Other Telecom Surveillance Techniques

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 9:57am

For the past year, the ACLU has been gathering information on local law enforcement agencies’ use of cell phone location tracking. (We’ve written about what we’ve learned here, here, here, here, and here.) In addition to everything we’ve discovered about location tracking itself, we’ve also learned about a number of other techniques law enforcement and the telcos can use when they work together. Sometimes the information came to light because, as with this telecom data retention chart, the information on the other techniques was mingled with the information on cell phone location tracking. Sometimes it was because law enforcement agencies misunderstood our public records requests and sent us everything they had related to telephones.

And Now Rhode Island

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 2:29pm

Rhode Island’s state legislature adjourned on Tuesday – or, according to their floor calendars, sometime after 2 am on Wednesday morning. (Ouch!) As in most state legislatures, the last day of session saw a flurry of activity, a rush to pass important bills that legislators could not allow to die with the session. Among those must-pass bills in the Rhode Island House of Representatives? A resolution calling on Congress to repeal Sections 1021 and 1022 of the Fiscal Year 2012 National Defense Authorization Act (NDAA). Those are the dangerous detention provisions authorizing the president — and all future presidents — to order the military to pick up and indefinitely imprison people captured anywhere in the world, far from any battlefield. The members of the Rhode Island House, like so many of you, found those provisions so abhorrent that they could not go home for the summer/campaign season until they had officially expressed their disapproval to Congress.

Following Texas’s Lead on Location Tracking

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 4:21pm

Yesterday, the Texas House of Representatives passed the first bill in the nation that would require law enforcement to obtain a probable cause warrant before tracking individuals’ location by collecting their cell phone location data. As Rebecca Robertson, legal and policy director for the ACLU of Texas put it, “By approving this amendment, our legislators would take a significant step to preserve the Fourth Amendment rights of Texas citizens, protecting them from potential unreasonable searches and seizures that could take place entirely outside judicial review.” They would also set a precedent that the rest of the country should be quick to follow.

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