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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How Social Networks Short-Circuit Our Inborn Privacy Intuitions

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:58pm

A few years ago, one of our ACLU state affiliates received a request for help from a man who had set up a marijuana grow operation in his home. He was apparently quite proud of what he built, because he bragged about it not only to his friends, but also to his Facebook “Friends.” Unfortunately, one of his Friends was Friends with a police officer a thousand miles away in Florida. That police officer called up his colleagues in

The Asymmetry Between Past and Future, and Why it Means Mass Surveillance Won’t Work

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:39am

Former Senator Joseph Lieberman recently charged that mistakes by U.S. security agencies were responsible for failing to stop the Boston Marathon bombing. I recently wrote about how mass surveillance makes this kind of recrimination inevitable, because once a government agency spies on a person, they become in a sense responsible for any actions that that person takes. To paraphrase Colin Powell, we might sum it up as “You surveil him, you own him.”

I recently came across a good analogy for why it’s deceptively hard for security agencies to detect and stop out-of-nowhere terrorist attacks like the Boston bombing—and why mass surveillance isn’t likely to help. It comes from the book The Drunkard’s Walk: How Randomness Rules Our Lives, by the physicist and writer Leonard Mlodinow, in a discussion of Brownian motion.

Brownian motion, you may recall, is the random jiggling of molecules in a liquid or other substance. A dye molecule floating in a seemingly still glass of water will randomly move about, covering about an inch in three hours, buffeted by random collisions with the smaller water molecules that surround it.

What would it take to actually explain the motion of that molecule? This is where the parallel to anti-terrorism efforts comes in. Mlodinow points out, “In any complex string of events in which each event unfolds with some element of

Chertoff on Google Glass

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:56pm

We’ve been doing a fair amount of thinking about the implications of consumer wearable cameras like Google Glass, and I’m sure we’ll have more to say in this space on the subject. But meanwhile, we’re pleasantly surprised to report a very trenchant analysis of the technology’s implications for our privacy by none other than Michael Chertoff. Writing on CNN’s web page, the former DHS chief writes,

So, who owns and what happens to the user's [video] data? Can the entire database be mined and analyzed for commercial purposes? What rules will apply when law enforcement seeks access to the data for a criminal or national security investigation? For how long will the data be retained? ….

Even those who might be willing to forgo some degree of privacy to enhance national security should be concerned about a corporate America that will have an unrestricted continuous video record of millions.

What is to prevent a corporation from targeting a particular individual, using face recognition technology to assemble all uploaded videos in which he appears, and effectively constructing a surveillance record that can be used to analyze his life?

Chertoff says he’s inclined to think that government regulation may be needed. I haven’t seen Chertoff say anything about the threat of pervasive government surveillance, which would make him a kind of anti-libertarian on privacy—in favor of restricting corporations, but not the government. For the average, relatively powerless person trying to live their life, the threat comes from both directions.

Is it Legal to Photograph or Videotape Police?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:35am

Taking photographs and video of things that are plainly visible in public spaces is a constitutional right.

The Privacy-Invading Potential of Eye Tracking Technology

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:42am

Eye tracking technology received new attention recently due to its inclusion in the Samsung Galaxy IV phone, where it can (with mixed results, according to reviewers) let users scroll the screen with their eyes or dim the screen when they look away. Clearly this is a technology that has the potential for a lot of clever applications. But what are the privacy implications?

Eye tracking for research was used for over a century before computers (see the quick history outlined in this article). The earliest research, in the 19th century, actually involved direct mechanical contact with the cornea. Already by 1898, researchers were discovering some really cool phenomena of the human brain. Motion pictures were applied to the problem as early as 1905, and the first head-mounted eye-tracker was developed in 1948, which freed study subjects from having to keep their heads still. In the mid-1970s the first remote trackers were developed that were truly unobtrusive to the subject. By then, research and writing based on eye tracking was booming, not only on the part of psychologists but also the military.

We Already Have Police Helicopters, So What’s the Big Deal Over Drones?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:26am

As drone regulation legislation works its way through Congress and the 30 (so far) state legislatures where it has been introduced, one question that we hear a lot these days is, “we’ve had police helicopters for a long time, what’s so different about drones?”

For one thing, police helicopters do raise privacy issues. Because of the expense of using manned police aircraft, privacy invasions have not risen to the level that legislators have felt compelled to address them, but incidents do happen. In 2005, for example, a police helicopter supposedly monitoring a street protest in New York City instead trained its infrared camera for a prolonged period on a couple making love on a pitch-black rooftop patio. Any police helicopter that followed a citizen around town for no reason, or hovered over the backyard of innocent homeowners whose daughter was sunbathing with her friends, would probably draw complaints. With drones, scenarios like those are bound to happen much more frequently. And that’s because there are some critical distinctions between manned and unmanned aircraft.

Raytheon’s “Riot” Social-Network Data Mining Software

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:08pm

A video touting software created by Raytheon to mine data from social networks has been attracting an increasing amount of attention in the past few days, since it was uncovered by Ryan Gallagher at the Guardian.

Profiling Muslims at the Airport

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:20pm

I finally had a chance to read this extended debate between the security-ologist Bruce Schneier and critic-of-religion Sam Harris (yes that Sam Harris) over whether we should profile Muslims in airport security.

First of all, Sam Harris performs a useful function by articulating a more sophisticated version of what is the intuitive position for many Americans, which runs something like: “we know who the danger is, it ain’t old ranchers from Texas or pretty blondes from San Diego—it’s Muslims, so let’s focus airport security on them.” (I hear this regularly myself when discussing airline security in public.) By fearlessly arguing for such profiling—which many people might quietly suspect makes sense—Harris sets it forth explicitly so that it can be explicitly debunked. And Schneier not only debunks it, he demolishes it.

Do Young People Care About Privacy?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:00am

Everywhere I go, I hear some variation of the claim that “young people today just don’t care about privacy.” This is something that people widely seem to believe is “just true.” The latest claim to this effect comes in the form of a new poll, the release of which was trumpeted with unfortunate headlines like “Millennials don’t worry about online privacy.”

In fact, the poll, which was conducted by the University of Southern California’s corporate-partnered Center for the Digital Future, showed no such thing. Although there were some differences between younger and older respondents,

Ohio Aerial Surveillance System Moving Forward Without Having to Wait For FAA Drone Rules

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:07am

I wrote recently about ARGUS, the high-flying drone technology capable of capturing super-high-definition video of a 15-square mile area...

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