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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.

Ban on Arming Domestic Drones: Let’s Draw a Line in the Sand

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office & Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:44am

Last week Rep. Rush Holt (D-NJ) and the House of Representatives drew an important line in the sand. Holt offered an amendment to the Department of Homeland Security Appropriations bill to bar any DHS funding for “the purchase, operation, or maintenance of armed unmanned aerial vehicles.” (The amendment was adopted and the bill has passed the House.) While moves to arm domestic drones are widely seen as beyond the pale and have not really been contemplated (with the exception of one sheriff in Texas who mused about mounting less-lethal weapons like rubber bullets on unmanned aircraft), we believe it’s crucial to get ahead of any possible trend.

New Documents Reveal U.S. Marshals’ Drones Experiment, Underscoring Need for Government Transparency

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 8:12am

The use of surveillance drones is growing rapidly in the United States...

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.

James Watson, Discoverer of DNA: Patenting Human Genes Is “Lunacy”

By Sandra S. Park, ACLU Women's Rights Project at 12:11pm

Recently, Dr. James Watson filed an amicus brief opposing gene patents in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”

"Hands Off Our DNA" Lawsuit Gets Another Day in Court

By Michael Risher, Staff Attorney, ACLU of Northern California at 2:22pm

Last week the Ninth Circuit Court of Appeals said it would rehear the ACLU of Northern California's lawsuit challenging a California law that mandates that DNA is collected from anyone arrested on suspicion of a felony.

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

By Dan Barrett, Staff Attorney, ACLU of Vermont, ACLU of Vermont at 12:20pm

The Vermont Supreme Court gave electronic privacy a big boost this morning when it approved restrictions placed upon police when conducting searches of electronic devices.

The case originated when police in Burlington, Vermont were investigating a report of a person applying for credit cards online using someone else's identity. Once the police narrowed the investigation to a street address where they thought the perpetrator might live, they asked a judge to issue a search warrant for “all computers or electronic media” located in the house—even though the house had multiple residents.

Build It And They Will Snoop

By Sandra Fulton, ACLU Washington Legislative Office at 5:19pm

Late last month a Montreal homicide detective was found guilty of accessing a police database to pass citizens’ information to an organized crime ring to help it ship stolen vehicles overseas. We always keep an eye on these kinds of stories because abuse is one of the risks that is created by governments’ collection of personal data on citizens at all levels. These include records containing sensitive medical and employment history, contact details like email addresses or phone numbers, and even bank and credit card information. But when proponents argue for new databases, the fact that at least some of these records are almost certain to be exposed by crooked insiders is rarely accounted for.

Have State Legislators Staved Off DEA License Scanning On Utah Interstate?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 6:07pm

(Update below)

The DEA has withdrawn its request to Utah for permission to install license plate scanners on the Interstate there—but it’s not clear if the agency is abandoning the installation or if it just plans to go ahead without the state’s cooperation (something it has already claimed the power to do).

(I wrote about the DEA plan last month in this post, and also wrote about ALPR in two followup posts.)

Gunshot Detectors: the ACLU’s View

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:37pm

The New York Times has a story today about gunshot location systems, which use microphones installed around a city to detect, and triangulate the location of, gunshots, so that police can be sent to the scene. We have been asked what we think of this technology from time to time since at least 2004.

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