Blog of Rights
Chris
Calabrese
Christopher Calabrese is the legislative counsel for privacy-related issues in the American Civil Liberties Union’s Washington Legislative Office (WLO). Prior to joining the WLO, Calabrese served as project counsel to the ACLU Technology & Liberty Project (TLP).  As legislative counsel, Calabrese leads the office's advocacy efforts related to privacy and the responsible use of technology, developing proactive strategies on pending federal legislation and executive branch actions concerning data collection, surveillance, and identification systems.
07/09/2012
Cell Phones & Smartphones

Mobile Phone Surveillance by the Numbers

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 10:56am

Wow.  Sometimes one word says it all.  The New York Times reports that in response to letters from Rep. Edward Markey (D-MA) and Rep. Joe Barton (R-TX), mobile phone providers disclosed that they received approximately 1.3 million law enforcement requests for customer records last year alone. What an extraordinary number: more than a million accounts subject to at least some level of law enforcement investigation just in 2011. As we have discussed elsewhere, beyond what is reported by carriers in these letters, there is absolutely no reporting or tracking regarding how these numbers are handled.  

Even more amazing, as you dig into the article and read the underlying letters it becomes clear that this is actually a vast undercount of the number of Americans who have been affected by this tracking.  Sprint disclosed that it received approximately 500,000 subpoenas in 2011 (a subpoena is a written request for information from law enforcement that isn’t reviewed by a judge) and that “each subpoena typically requested subscriber information on multiple subscribers.” In addition, several carriers disclosed that they sometimes provide all the information from a particular cell tower or particular area.   Metro PCS for example charges:

$50 for Cell Tower Dump per tower for a 2 hour period
$100 for an Area Dump (if you know the location but do not know the cell towers that affect the area) for a maximum of 2 cell towers for a 2 hour period per cell tower search

Everyone whose phone has been used by a particular cell tower over a particular time period—likely hundreds or thousands of people—could have their data examined by investigators.  And these dragnet data requests are on the rise.  Verizon estimates that over the last 5 years it has seen an average increase of 15% annually, and T-Mobile reported increases of approximately 12%-16%.  This has also led to at least some possible abuse; T-Mobile disclosed that in the last three years it has referred two inappropriate law enforcement requests to the FBI. 

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07/03/2012
National ID

Just In Time For Independence Day, A Renewed Call For A National ID Card

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:24pm

Leading yesterday’s New York Times op-ed page is a column by Bill Keller, Show Me Your Papers. It supports the faulty claim that we can solve our nation’s immigration woes if we just create a national ID system, and it specifically lauds a 2010 proposal by Sens. Schumer and Graham to create a biometric social security card that would function as a national ID for every American.

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06/15/2012
Domestic Drones

Ban on Arming Domestic Drones: Let’s Draw a Line in the Sand

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office & Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:44am

Last week Rep. Rush Holt (D-NJ) and the House of Representatives drew an important line in the sand. Holt offered an amendment to the Department of Homeland Security Appropriations bill to bar any DHS funding for “the purchase, operation, or maintenance of armed unmanned aerial vehicles.” (The amendment was adopted and the bill has passed the House.) While moves to arm domestic drones are widely seen as beyond the pale and have not really been contemplated (with the exception of one sheriff in Texas who mused about mounting less-lethal weapons like rubber bullets on unmanned aircraft), we believe it’s crucial to get ahead of any possible trend.

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06/14/2012
Location Tracking

DOJ Ducks Oversight On Location Tracking

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:17pm

How is the Department of Justice using location tracking? If you were looking for an answer to this simple question, this was not the week. Instead, as Congress attempts to oversee this crucial privacy question, it is getting double talk and stonewalling.

Let’s start with the legal standard the Department is using. Earlier this week Senator Al Franken (D-MN) asked Attorney General Holder to clarify the Department’s position on location tracking. Specifically, he asked why, even though experts agree that the recent Supreme Court case US v. Jones stands for the proposition that law enforcement needs a warrant to place a GPS tracking device on a car, DOJ is arguing in another case for a lower, non-probable cause standard. (In an amicus, the ACLU argued that the Fourth Amendment requires that police obtain a warrant to engage in GPS monitoring.) The Attorney General replied that he wasn’t familiar with the case but agreed with Senator Franken that in interpreting Jones they were “likely to be dealing with a situation where we need a warrant.” This frustrating answer seems aimed at reassuring Congress that Americans’ constitutional rights are being protected while DOJ is arguing precisely the opposite in court.

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05/17/2012
PCLOB

The Limits of Oversight and the PCLOB

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 10:32am

(Update below)

Today, the nominees to the Privacy and Civil Liberties Board (PCLOB) were voted from the Senate Judiciary Committee for full consideration in the Senate. It looks like the Senate is finally going to act to nominate five people to fill this vital oversight board. While this is an important step, it’s also something of a good government scandal and certainly a cautionary tale about the limits of oversight.

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05/10/2012
Location Tracking

DOJ Cell Phone Tracking: Excellent questions, Senator

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:51pm

Sen. Al Franken (D- MN) is trying to get some answers to straightforward questions about cell-phone location tracking. Today, using our recent nationwide FOIA as a jumping off point, he sent a letter to the Department of Justice asking them to provide basic information about a practice that, in the words of Justice Sonia Sotomayor, “generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”

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05/09/2012
Social Networking Privacy

Password Protection Act of 2012: A Good Start Against Employer Snooping

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 6:06pm

Today Senator Richard Blumenthal (D-CT), Representative Martin Heinrich (D-NM) and a number of cosponsors filed the Password Protection Act of 2012 in the Senate and House to prevent employers from strong-arming employers and job applicants into sharing information from their personal social networking accounts. It’s an important idea and one that we’ve been pushing for more than a year, but the bill itself doesn’t go as far as we think it should.

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04/17/2012
E-Verify

Identity Theft and the War on Immigrants

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:41pm

The war on America's immigrants can lead to some very strange results. In a classic example, last year Republicans actually said, when it comes to immigration at least, new government regulations actually create jobs. But these attacks on immigrants cause real harm to ordinary Americans who don't think that immigration affects them. We've already talked about how mistakes in E-Verify, the federal database of eligible workers, can keep Americans from getting jobs. Tomorrow the House Judiciary Committee will hold a hearing that highlights another problem with E-Verify.

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04/10/2012
Do Not Track

Making Do Not Track a Reality

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 7:24pm

The ACLU has stated concern again and again about the new model of internet advertising which relies heavily on tracking users as they move from website to website and creates a detailed profile about their viewing habits. Our suggested solution has been a Do Not Track (DNT) mechanism, one that would allow users to opt out and convey that they don’t want to be tracked. But what does it mean not to track someone online?

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04/02/2012
Online Privacy

A Primer for the Online Privacy Multistakeholder Process

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 5:12pm

What the heck is a multistakeholder process (MSP)? The word multistakeholder is so obscure that my computer's spell check doesn't even recognize it, yet it's come to dominate the online privacy conversation in recent weeks. That discussion will begin in earnest today with a filing deadline for comments to the National Telecommunications and Information Administration describing how a process should work and what it should cover (the comments we submitted are here). So what's going on with this MSP and what's in it for consumers?

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