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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06/11/2013
Data Mining

Simple Dataset About American Colonists Shows Power of Metadata

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:16pm

In the best tradition of educators who manage to be both entertaining and enlightening, Duke sociology professor Kieran Healy has posted “Using Metadata to Find Paul Revere”—a fascinating demonstration of just how revealing metadata can be when subject to certain quite simple but powerful number-crunching techniques. Using simple information about 260 colonists in the years before the American Revolution (what organizations they belong to), he shows step by step how the lowest analyst at the “Royal Security Agency” could use that data to build powerful insights into what might be going on among the rebellious colonists.

The scariest thing about this is just how small and simple the starting data set is. Healy concludes:

I must ask you to imagine what might be possible if we were but able to collect information on very many more people, and also synthesize information from different kinds of ties between people! For the simple methods I have described are quite generalizable in these ways, and their capability only becomes more apparent as the size and scope of the information they are given increases. We would not need to know what was being whispered between individuals, only that they were connected in various ways. The analytical engine would do the rest!

In other words, this demonstration has just show us a hint of what an organization like the NSA can probably do with metadata.

More evidence that (as we have argued at greater length elsewhere) those downplaying the intrusiveness of metadata are way behind the times.

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06/12/2013
NSA

Who Decides?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:32am

I’d like to make one major point about the NSA surveillance scandal that many people have made indirectly, or implicitly, or seem to have assumed, but have not stated baldly and explicitly. That point is how this incident has laid bare the arrogance of our national security officials.

Because there are really two separate issues behind last week’s revelations. The first is, how much surveillance of the American people should the government conduct? The second is, who should decide how much surveillance of the American people the government should conduct?

And on that second question, the government has arrogated to itself the power to make that decision, unilaterally, in secret, on behalf of the American people.

In his only comments on this scandal, President Obama said,

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06/17/2013
Face Recognition Technology

Some Thoughts on DMV Image Databases and the Police

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:28pm

The Washington Post has an excellent, in-depth article today on the growing use of driver’s license photo databases combined with face recognition analytics by police.

There are two ways to think about this. First, it is yet another long stride toward a surveillance society:

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06/07/2013
Government Surveillance

Why Government Access to Metadata is More Than a 'Modest Encroachment' on Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:56pm

Metadata is back in the news, following The Guardian's extraordinary revelation on Wednesday revealing that the National Security Agency...

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05/07/2013
E-Verify

Homeland Security, May I Earn a Living?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:43pm

One of the things in play in the current wrangling over immigration reform is whether we will see the E-Verify work authorization program expanded nationwide and made mandatory. We’ve just put out a white paper summarizing “The 10 big Problems With E-Verify.”

Overall, E-Verify represents a move toward the creation of a “Mother may I” or “permission society” in the United States. In an attempt to stop the tiny percentage of those starting jobs in the United States each year who are unauthorized workers, E-Verify would force everyone to obtain affirmative permission from government bureaucracies before engaging in the core life functions of working and earning a living. That not only inverts the relationship between the individual and government, but will lead to a number of other serious problems, which we set forth in the paper.

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06/13/2013
TSA

SPOT Off

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:58pm

Lost in all the news about the NSA program this week was the release of a devastating report by the DHS Inspector General on the TSA’s SPOT program (first reported by the New York Times on Sunday). The new report underscores what a waste of money that program has been. After hiring 2,800 full-time staff and spending an estimated $878 million since FY 2007, the program remains deeply misguided not only in its very concept, but also in how it has been implemented.

SPOT (which stands for Screening of Passengers by Observation Techniques) is the program that places “Behavior Detection Officers” (BDOs) near airport security lines, where by intrusively chatting with fliers, they will supposedly be able to detect “something amiss” that might suggest a passenger is planning a terrorist attack.

The program has always been ludicrous. In testimony at a 2011 congressional hearing on SPOT, psychologist Dr. Maria Hartwig summarized the decades of empirical research on the detection of deception, which is basically

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06/07/2012
Civil Liberties in the Digital Age

Plenty to Hide

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:57pm

A commentator on my recent post about the DEA installing license plate scanners on the nation’s interstate highways asks, “If you aren't doing anything illegal why would you care if someone captures your license plate number?”

Another commentator countered: “If I'm not doing anything illegal, why do the police need to record my license plate number?”

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09/07/2011
Videotaping

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.

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05/30/2013
First Amendment

Should Facebook Censor Misogynistic Material?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:57am

The New York Times ran an article yesterday about pressure that is mounting on Facebook to censor websites full of awful misogynistic material. The company said it was reviewing its processes for dealing with content under its hate speech policy.

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05/09/2013
Social Networking Privacy

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

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