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.

Follow @JayCStanley on Twitter »

Apple, Drone Strikes, and the Limits of Censorship

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:55pm

Wired reported last week that the Apple App Store has rejected an app that compiles news reports in order to map overseas U.S. drone strikes, and provide users a pop-up notification whenever a drone strike has been reported.

Apple rejected the app several times, at first citing problems with its functionality, and then telling the developer that the app “contains content that many audiences would find objectionable.”

Online Tracking and Consumer “Choice”

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:45am

A group of privacy researchers (including some responsible for the excellent privacy studies done by the Berkeley Center for Law and Technology) have an interesting paper out this week in the Harvard Law & Policy Review on behavioral advertising. In the paper, the authors (Chris Jay Hoofnagle, Ashkan Soltani, Nathaniel Good, Dietrich J. Wambach, and Mika D. Ayenson) argue against the idea that privacy-protecting regulations somehow take choice away from consumers who are grown-up enough to fend for themselves. Such arguments are currently being thrown around in an attempt to forestall Do Not Track from being implemented (as I discussed here).

High-Tech “Mind Readers” Are Latest Effort to Detect Lies

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:41am

I recently wrote about how difficult it is to know which technologies on the horizon will turn into genuine privacy nightmares and which remain menacing but distant threats. One group of technologies that we’ve had our eyes on for a while are those that purport to read minds. On Sunday the Washington Post ran an article on a Maryland case where a murder defendant is trying to introduce fMRI “lie detector” evidence in his defense. Functional Magnetic Resonance Imaging (fMRI) allows researchers to look at neural activity in real-time by using powerful magnets to trace blood-flow changes in the brain.

Friday Links Roundup For August 24

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:36pm

On July 30, the Privacy Commissioner of British Columbia announced a review of license plate scanning programs by law enforcement in the province. If the United States had an analogous institution embodying /enforcing our privacy values, maybe we’d see something like that here instead of untrammeled expansion and retention of license data. We’re still waiting for the “missing in action” Privacy and Civil Liberties Oversight Board (PCLOB) to turn into something real. From 2007 until late 2011, neither President Bush nor President Obama even nominated anyone to fill the independent oversight board; we finally now have four members—but still no chair.

First Amendment Violations to Watch for at the RNC and DNC

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:11am

We know that photographers have been having problems all over the country with police harassment, and that demonstrators’ free speech rights have also been under assault. But with the Democratic and Republican political conventions coming up, we have all too much reason to expect that free speech rights will be swallowed up in the vortex of those events, which have become constitutional black holes in recent years.

Video Analytics: A Brain Behind the Eye?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:14am

One of the central elements in last week's Trapwire story involves the application of “behavioral recognition,” also known as “video analytics,” to camera feeds. What are we to make of this technology?

In essence, video analytics is a form of artificial intelligence that tries to automatically derive meaning from a video feed. Face recognition, license plate recognition, and red light cameras are each examples of the automated extraction of meaning from a video feed, but what I’m focused on here are technologies that aim to offer more general analysis of behaviors that are taking place in a camera’s field of view. Examples include the tracking of people throughout an area, zone or perimeter protection, determination of (and detection of deviations from) “normal” patterns of movement in an area, and the detection of abandoned objects. (This article at EE Times offers an extensive introduction to the technology.) 

Police Chiefs Issue Recommendations on Drones; A Look At How They Measure Up

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:39am

The International Association of Chiefs of Police recently approved “Recommended Guidelines for the use of Unmanned Aircraft.”

The IACP is to be applauded for addressing this issue, and for issuing recommendations that are quite strong in some areas. Based on what the chiefs support, it should now be seen as a broad consensus and starting point for further conversation that:

If Police Want Your Cell Phone Video As Evidence, Can You Just Email the File to Them?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:21pm

The New York Times has an interesting story on the police seizure of witnesses’ cell phones after the shooting of a knife-wielding man in Times Square on Saturday. I wrote about that issue a few weeks ago, and how the DC police department issued a first-of-its-kind policy on how officers should deal with evidence in citizens’ phones.

What to Make of the TrapWire Story

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:34pm

Some of the Wikileaks-fueled swirl of stories about the TrapWire program appear to have been overhyped, as my colleague Kade Crockford of the ACLU of Massachusetts noted in her excellent roundup of the story yesterday. Others writing about the program have followed suit.

Friday Links Roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:52pm

A few links that have caught our eye this past week:

Earlier this month in response to the Pauls’ Internet Manifesto I pointed out that the internet “was created by the government.” Monday Gordon Crovitz wrote a column arguing that this was an “urban legend,” and that the internet “reaffirms the basic free market critique of large government.” Since his column went to print, it has been thoroughly debunked by many experts, including Vint Cerf, Robert Metcalfe, Tim Berners-Lee, and even internet history expert Michael Hilzik, whom Crovitz quotes in his column. Media Matters, summing it up, asks whether the WSJ will issue a correction lest a nation full of Journal readers be left with a falsehood.

Statistics image