Blog of Rights

Jay
Stanley
Jay Stanley is Senior Policy Analyst with the ACLU’s Speech, Privacy and Technology Project, where he researches, writes and speaks about technology-related privacy and civil liberties issues and their future.  He is the Editor of the ACLU's "Free Future" blog and has authored and co-authored a variety of influential ACLU reports on privacy and technology topics. Before joining the ACLU, he was an analyst at the technology research firm Forrester, served as American politics editor of Facts on File’s World News Digest, and as national newswire editor at Medialink. He is a graduate of Williams College and holds an M.A. in American History from the University of Virginia.

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The TSA’s First 11 Years

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:21pm

November 25 marked the 10th anniversary of the signing of the Homeland Security Act, which created the sprawling Department of Homeland Security. Included in this new behemoth agency was another agency that had been created a year earlier, the Transportation Security Administration. It’s worth taking a look back at the short history of this agency.

The first and biggest conclusion we can reach is that the vast bulk of the increased security that we’ve obtained since 9/11 has been due to two factors: the securing of airplane cockpit doors, and the fact that no planeload of passengers in a hijacked aircraft will ever again sit back placidly and wait to land in Cuba or whatever. We’ve been saying this for years and it remains true. It’s hard to believe in light of all that has followed, but a few weeks after the 9/11 attacks, the ACLU issued a press release with the headline, “ACLU Applauds Sensible Scope of Bush Airport Security Plan.” What we were reacting to was a set of commonsense steps the administration had taken such as increased baggage screening and securing those cockpit doors.

The President Reads His Daily Brief on an iPad (and Other Lessons From the NSA)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:10am

(Updated below)

I was invited to give a talk on surveillance at the Information Security Systems Association (ISSA) Baltimore Chapter yesterday, and the keynote speaker was Dr. John Levine of the NSA. He works on the “information assurance” side of the agency (charged with securing communications rather than breaking them) and had some interesting things to say on the NSA’s work trying to make mobile devices more secure for the military and other government users who need to exchange classified information.

Muslim Profiling and Behavioral Profiling

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:24pm

Yesterday I posted about the debate over profiling Muslims at the airport, and how Bruce Schneier persuasively argued that the concept, which seems so intuitively sensible to so many Americans, is a terrible idea even just from a security point of view. He also commented on the other, less tangible costs that such a scheme would impose, such as the alienation of Muslims from American life, and the corruption of our values.

Gunshot Detectors: the ACLU’s View

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:37pm

The New York Times has a story today about gunshot location systems, which use microphones installed around a city to detect, and triangulate the location of, gunshots, so that police can be sent to the scene. We have been asked what we think of this technology from time to time since at least 2004.

A Look at the Issues Raised by 'Black Boxes' in Cars

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:20pm

On Friday the National Highway Traffic Safety Administration (NHTSA) formally proposed regulations requiring the placement of “black boxes” in cars. More properly known as “Event Data Recorders,” or EDRs, these are similar to the devices of the same name placed in aircraft, which record data about the vehicle’s operating characteristics in the seconds before a crash.

Newest Video Analytics Technique “Product Recognition” Aims to Judge You By What You Wear

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:56pm

I blogged recently about video analytics, the attempt to build intelligence into video surveillance so that cameras can not only record our every move in public, but also in some respects understand what they are seeing. Now comes word of the latest twist in this effort: “product recognition.” As Technology Review reports, a startup called Graymatics

New Eyes in the Sky: Protecting Privacy from Domestic Drone Surveillance

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:32am

Unmanned Aerial Vehicles – UAV’s or “drones” as they are called – are on the way. Just this week the Los Angeles Times reported that Customs and Border Patrol agency has been lending their Predator drones to law enforcement agencies for domestic operations. And their use is only going to spread.

Reviving the Fourth Amendment and American Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:59pm

I started working on privacy issues for the ACLU about five weeks before 9/11. What a wild ride it’s been for privacy since that terrible day. The privacy rights of Americans have come under a sustained assault that would have been hard to imagine in the languid days of August 2001. Since 9/11 we have seen two wars, a constant stream of revolutionary new technologies, greatly expanded powers for our security agencies, and a relentless political drumbeat pounding on the supposed need to give those agencies even more powers to peer into our lives without due process or meaningful oversight.

Getting Naked with Strangers May Be More Dangerous Than Suspected

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:29pm

In a post about body scanners last month, I noted that the health effects of these machines has been a "muted part of the debate." The issue just got less muted. NPR is reporting that a group of scientists at the University of California, San Francisco, has raised concerns over the health effects of backscatter X-ray body scanners, which is one of the two types being deployed (the other being millimeter wave). The scientists' concerns over backscatter are disputed by the TSA and others, and we at the ACLU do not pretend to be scientists. But, the scientists' brief letter (PDF), which they sent on April 6 to President Obama's science advisor John P. Holdren, is worth looking at.

The DIY Armed Drone

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:32pm

I was on a radio show earlier today (the “Your Call” show on KALW, a local public radio station in San Francisco) when a man called in to tell how he had successfully built his own armed drone, using commercially available equipment. He did not use a real gun, but a paintball gun (many paintball guns are comparable to real guns in weight).

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