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.
04/17/2013
E-Verify

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.

Read More»
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. 

Read More»
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.

Read More»
11/16/2011
E-Verify

Oversharing Is Never a Good Thing, Especially When it’s With DHS

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 1:55pm

Sometimes sharing is bad. Don’t worry. We don’t plan to rush into kindergartens across America and break the news to all the 5-year-olds, but it’s true. Especially when it comes to national security and your privacy, it may be necessary to collect and use certain information, but wrong to share it.

When a federal government advisory committee recently revealed that the Department of Homeland Security (which contains both the Secret Service and the TSA) is in the “process of creating a policy framework and technology architecture for enhancing DHS's information-sharing capabilities,” it immediately raised these types of concerns and today we sent a letter to DHS outlining those concerns.

Read More»
04/21/2011

Does the Government Want to Read Your Texts and Emails?

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project & Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 5:45pm

Last week the Justice Department squandered an opportunity to reassure Americans that as technology advances our civil liberties will not be left behind. The Justice Department was called before Congress to say whether it should be permitted to read people's email, text messages and other electronic communications without a probable cause warrant — that is, without a judicial determination that it has a good reason to believe a search will turn up evidence of a crime. The clear answer to this question should have been "no." After all, a warrant has been required for postal mail since at least the 1870s and for telephone conversations since the 1960s. Why shouldn't our email receive the same protection?

Read More»
01/23/2013
Online Privacy

Hurray for Google Transparency, Now Where is Everyone Else?

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:16pm

Google released its latest transparency report today. They’ve made some interesting additions and the overall number of government requests is on the rise. But before we get to that, there is one major overriding point: good for Google and where is everybody else? The only other major company to release these types of numbers is Twitter. Where are Verizon and Facebook and Microsoft? How about AT&T, Amazon or Comcast? I could make this list endless but the major salient fact is that Google has paved the way (this is their 7th report) and there hasn’t exactly been a stampede to follow suit.

Read More»
02/10/2011

Permission to Work: The Government Database That May Stand Between You and Your Next Job

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:13pm

The government database is called E-Verify. Its job is simply stated: make a list of everyone who is eligible to work. The theory is this will prevent undocumented workers from getting jobs and end our immigration problems.

There are only 150 million U.S. workers; how hard could it be to make an accurate list of every single one of them? As numerous government reports have found over the years, pretty hard (PDF). And the results have been devastating. U.S. workers excited to start a new job are instead thrust into bureaucratic limbo as they try to sort out government mistakes. Their new employers hire, then fire them and never tell them why; or worse, they might never be hired in the first place and not know why.

Read More»
12/13/2012
NCTC

Vast New Spying Program Was Started in Secret on a Bogus Pretext

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 11:25am

The Wall Street Journal today published (alternate link) an in-depth review of a new, relatively unknown program run by the National Counterterrorism Center (NCTC). Although we have been warning about the dangers of the program for months, and I testified before Congress about the issue in July, the Journal’s story conveys how controversial the program was even inside the government. It also describes the broad scope of new authority the government is granting itself.

Read More»
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.

Read More»
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.

Read More»
Statistics image