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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A Modest Proposal For Protecting Our Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:38pm

One of the biggest problems with protecting privacy in the United States is that, almost alone in the advanced-industrial world, we do not have an overarching privacy law that codifies the basic privacy principles that are accepted around the world as the gold standard for protecting this human right. 

Instead, the United States pursues a sector-by-sector approach to privacy. The result is that our privacy protections vary wildly according to area. We have some (inadequate) protections for our health and financial data, very few protections for our commercial transactions, and very rigorous protections for our video rental records. 

Friday Links Roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:26pm

Here are some links that have caught our eye recently:

The FBI’s “Next Generation Identification” biometrics database is starting to plan for the inclusion of iris scans. Iris scans raise more issues than some other biometrics (such as fingerprints) because they can be used at a distance without a subject’s participation, permission, or even knowledge. Hand-held iris scanners are being sold to police around the country for identification uses. We were assured in a meeting with the FBI last year that biometric scans in situations such as traffic stops would not be used to enroll individuals into the database, just to check their identity.

Thoughts on British Airways and Enterprise Amnesia

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:18pm

British Airways made headlines in Britain last week with reports that it is planning to do internet searches on customers in order to provide them with a “personal touch.” As a BA spokesperson explained,

We’re essentially trying to recreate the feeling of recognition you get in a favourite restaurant when you’re welcomed there, but in our case it will be delivered by thousands of staff to millions of customers. This is just the start—the system has a myriad of possibilities for the future.

What’s Wrong With the Pauls’ Internet Manifesto

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:36pm

Ron and Rand Paul’s manifesto on “The Technology Revolution,” released the other day, is unexpectedly incomplete, focusing most of its animus not on government security and police agencies, but on what they call “collectivists,” by which they mean those who advance attempts to “regulate competition, infrastructure, privacy and intellectual property.” I think they mean us.

Friday links roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:38pm

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

Paul Rosenzweig has posted a nice piece on Lawfare on the reasons to be skeptical of the need for cybersecurity regulation. He breaks cybersecurity down into its constituent parts (as we have urged) of cybercrime, cyber espionage, and truly catastrophic “digital Pearl Harbor” attacks. He suggests that the first two do not justify regulation, and (like us) is skeptical about the degree of risk of the third. In explaining that skepticism, he provides an elegant analysis of the electric grid, the taking down of which is a frequent cyber-attack scenario, and makes the point that the pro-regulation viewpoint “mistakes vulnerability for risk”—in other words, there can be a vulnerability in a system, but still a low risk that anyone will actually be able to or try to exploit it.

Declaration of Internet Freedom an Important Stake in the Ground

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:38pm

On the blog Above the Law, Elie Mystal has written a critique of the Declaration of Internet Freedom that the ACLU and many other parties have signed. (Mystal's piece was republished by Forbes).

Privacy, Computers, and Consequences (Computers vs. Humans Part 2)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:09pm

In a post yesterday I discussed the belief that as long as our behavior and communications are only scrutinized by a computer, our privacy has not been invaded. Many people have that sense because computers are so much dumber than human beings.

Computers vs. Humans: What Constitutes A Privacy Invasion?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:37pm

The NSA is refusing to tell two U.S. Senators how many Americans the agency has eavesdropped upon. According to a letter obtained by Wired, the NSA claims that “dedicating sufficient additional resources” to gather that information “would likely impede the NSA’s mission.” (For all the billions that the NSA spends, they cannot spare the money to answer a key civil liberties oversight question posed by elected civilian officials? Shameful.)

Newest School RFID Scheme is Reminder of Technology’s Surveillance Potential

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:42pm

It’s funny how unpredictable the course of technology is. A few weeks ago it was reported that a Texas school district plans to implant RFID chips in student IDs, and use them to track the whereabouts of students. RFID chips, of course, are what make all kinds of contactless technologies work, from toll booth speed passes to contactless transit passes and entry keys. We have seen attemtps to use RFID’s in schools before and have opposed such efforts, not only because we don’t want to see this kind of intrusive surveillance infrastructure gain inroads into our culture, and because we should not be teaching our children to accept such an intrusive surveillance technology, but also because RFIDs are a generally insecure technology not appropriate for use with children.

Legal Responsibility As Computers Get More Unpredictable

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:40pm

There has been some discussion lately of whether the output of computer algorithms should be considered protected free speech, as Tim Wu discussed in an op-ed and my colleague Gabe Rottman addressed in a blog post in response.

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