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.).

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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.

House to Vote on FISA Amendments Act Wednesday

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:39pm

It’s back. On Wednesday the House of Representatives is scheduled to vote on a five-year reauthorization of the FISA Amendments Act (FAA), the 2008 law that legalized the Bush administration’s warrantless wiretapping program and more. It permits the government to get year-long orders from the secret Foreign Intelligence Surveillance Act (FISA) court to conduct dragnet surveillance of Americans’ international communications—including phone calls, emails, and internet records—for the purpose of collecting foreign intelligence.  The orders need not specify who is going to be spied on or even allege that the targets did anything wrong.  The only guarantees that the FAA gives are that no specific American will be targeted for wiretapping and that some (classified) rules about the use of intercepted information will be followed.

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:

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...

Warrantless Wiretapping Wins Again

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:23pm

It’s official.  The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.

The heartbreak of another Senate vote in favor of dragnet collection of Americans’ communications, however, pales in comparison to the rejection of modest amendments in favor of more FISA transparency and accountability. These amendments would not have limited the government’s spying program in any way; they would have only compelled the government to tell the public what the law says and whether it protects us from government prying.

New Cybersecurity Amendments Unveiled to Address Privacy Concerns

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:28pm

No cyber news is usually good news, but today is an exception.  Senators have unveiled significant privacy amendments that will be incorporated into S. 2105, the Cybersecurity Act.  Authored by Sens. Lieberman, Feinstein, Rockefeller and Collins, the bill provides comprehensive cybersecurity reform, including a new ‘information sharing’ program that permits companies to share internet info with each other and the government. 

In House Hearing, ACLU Tells Congress to Fix FISA

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:21am

Yesterday, the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security held a hearing on the government’s warrantless wiretapping program (watch here). The law authorizing the program, the FISA Amendments Act of 2008, expires at the end of this year.

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:

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.

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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