Blog of Rights
Michelle
Richardson

Michelle Richardson is a Legislative Counsel with the American Civil Liberties Union Washington Legislative Office where she focuses on national security and government transparency issues such as the Patriot Act, the Foreign Intelligence Surveillance Act, cybersecurity, state secrets and the Freedom of Information Act. Before coming to the ACLU in 2006, Richardson served as counsel to the House Judiciary Committee where she specialized in national security, civil rights and constitutional issues for Democratic Ranking Member John Conyers (D-Mich.).

06/11/2013
NSA

ACLU in POLITICO: Roll Back the Surveillance State

By Laura W. Murphy, Director, ACLU Washington Legislative Office & Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 2:13pm

Because of the extraordinary revelations last week by the Guardian, Congress and the American people now know that the Patriot Act is being used by the National Security Agency to collect the phone records of all Americans, every day. There's no more debate about whether the government, and the military at that, is spying on us: only whether Congress is going to stop them.

Section 215 of the Patriot Act allows the government to obtain ‘any tangible thing' relevant to an investigation. According to Sen. Dianne Feinstein (D-Calif.), chair of the Senate Intelligence Committee, this authority has been used to collect all phone records in the U.S., even those of law-abiding citizens who have no connection to crime or terrorism whatsoever. The administration and a few members of Congress have confirmed and defended this practice as necessary to protect national security.

But there's no reason to believe that the government's collection efforts stop there.

Read the rest of the piece at POLITICO: http://www.politico.com/story/2013/06/roll-back-the-surveillance-state-92550.html

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04/12/2013
CISPA

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

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04/09/2013
CISPA

From POLITICO: The Privacy Risks of CISPA

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 11:11am

Reports of significant data breaches make headlines ever more frequently, but lost in the cloak and dagger stories of cyberespionage is the impact proposed cybersecurity programs can have on privacy. The same Internet that terrorists, spies and criminals exploit for nefarious purposes is the same Internet we all use daily for intensely private but totally innocuous purposes.

Unfortunately, in their pursuit to protect America's critical infrastructure and trade secrets, some lawmakers are pushing a dangerous bill that would threaten Americans' privacy while immunizing companies from any liability should that cyberinformation-sharing cause harm.

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04/05/2013
CISPA Explainer

CISPA Explainer #4: Is There Anything Besides Information-Sharing Hidden in CISPA?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:13am

We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill...

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04/04/2013
CISPA Explainer

CISPA Explainer #3: What Can Be Done With Information After It Is Shared?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 11:09am

We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill up...

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04/03/2013
CISPA Explainer

CISPA Explainer #2: With Whom Can Information Be Shared?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:20am

We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill up next week, and the full House to vote on it the week after that, we're dissecting its shortcomings. Information sharing isn't offensive per se; it's really a question of what can be shared, with whom, and what corporations and government agencies can do with it. Yesterday we told you what could be shared (read: your personally identifiable information) and today we discuss where that information ends up.

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04/02/2013
CISPA Explainer

CISPA Explainer #1: What Information Can Be Shared?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:05am

We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill up next week, and the full House to vote on it the week after that, we're posting in more depth about its shortcomings. Information sharing isn't offensive per se; it's really a question of what can be shared, with whom, and what corporations and government agencies can do with it. First up:

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02/13/2013
Cybersecurity

President Obama Shows No CISPA-like Invasion of Privacy Needed to Defend Critical Infrastructure

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 1:48pm

Last night the President signed an executive order (EO) aimed at ramping up the cybersecurity of critical infrastructure...

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02/10/2013
CISPA

CISPA Claws Back to Life

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 1:54pm

It's baa-aaack.

The House cybersecurity bill that allows the National Security Agency (NSA) and the military to collect your private internet records is scheduled for an encore appearance on Wednesday. House Intelligence Committee Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD) will reintroduce the Cyber Intelligence Sharing and Protection Act (CISPA), which news reports say will be the same bill that passed the House of Representatives last year.

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01/11/2013
FOIA

A FOIA White Out

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 4:46pm

Secret law exists inside the United States.

As we wrote a few weeks ago, one of the main issues discussed on the Senate floor during the FISA debate was secret law.  Under the law,  the Foreign Intelligence Surveillance Court makes secret interpretations and secret rulings about something that should never be secret: our constitutional rights. Sen.  Jeff Merkley (D-OR) fought for an amendment that would have required the administration to release the court’s opinions, to provide unclassified summaries of them, or to certify how many there are and why they can’t be released.

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