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.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:54am
A story out of Utah this week neatly showcased the rising concerns among civil liberties and press freedom groups around so-called "ag-gag" laws, which, in various ways, make it illegal to document animal abuse on factory farms and other agricultural businesses. In Utah, authorities charged a local woman with taking photographs of animal cruelty from a public vantage point, and then quickly dropped the charges after significant public outcry.
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.
By Christopher E. Mason, Assistant Professor of Computational Genomics, Weill Cornell Medical College, Affiliate Fellow, Information Society Project of Yale Law School & Jeffrey Rosenfeld, Assistant Professor of Medicine, New Jersey Medical School at 12:29pm
Even though they’ve been in our families since the dawn of man, our genes do not belong to us. They’ve been claimed by companies that hold patents on the DNA from our cells. Over the past 20 years, at least 41 percent of our genes have become the intellectual property of corporations. These patent claims contradict an intuitive sense that our DNA is no less ours than our lungs or kidneys. More importantly, these patents, covering thousands of human genes, restrict our doctors’ ability to look at our DNA and plan ahead for our medical treatment.
By James Evans, Bryson Distinguished Professor of Genetics and Medicine, University of North Carolina - Chapel Hill School of Medicine at 10:44am
James Evans, MD, PhD is the Bryson Distinguished Professor of Genetics and Medicine at the University of North Carolina Chapel Hill School of Medicine. He was a member of the advisory committee to the U.S. Secretary of Health and Human Services on Genetics, Health and Society and spearheaded that committee's task force investigating gene patenting and its effect on patient care. He also filed an amicus brief in the ACLU's challenge to gene patents.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:15am
Yesterday I wrote about Dayton Ohio’s plan for an aerial surveillance system similar to the “nightmare scenario” ARGUS wide-area surveillance technology. Actually, ARGUS is just the most advanced of a number of such “persistent wide-area surveillance” systems in existence and development. They include Constant Hawk, Angel Fire, Kestrel (used on blimps in Afghanistan), and Gorgon Stare.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 5:14pm
I grew up in a non-Nintendo household, and so was weaned on PC games. One of my favorites was the mayor-simulator SimCity. Launched in 1989, the addictive and soon-to-be venerable title became the first name in sleepless nights for kids with limited athletic ability.
After almost a decade, Electronic Arts released a new SimCity title last week, which has drawn critical praise for the game itself and widespread condemnation for extensive EA infrastructure issues that are preventing many purchasers of the game from playing (Minnesota Vikings punter Chris Kluwe even weighed with some colorful criticism). You see, SimCity requires a persistent broadband connection to the internet, even when playing single player, and the game's servers are having difficulty handling the load. (I should note that EA claims the always-on feature is integral to the game, though many believe it is simply a form of digital rights management, or "DRM," put in place to prevent copyright infringement and piracy.)
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:06am
The PBS series NOVA, “Rise of the Drones,” recently aired a segment detailing the capabilities of a powerful aerial surveillance system known as ARGUS-IS, which is basically a super-high, 1.8 gigapixel resolution camera that can be mounted on a drone. As demonstrated in this clip, the system is capable of high-resolution monitoring and recording of an entire city. (The clip was written about in DefenseTech and in Slate.)
In the clip, the developer explains how the technology (which he also refers to with the apt name “Wide Area Persistent Stare”) is “equivalent to having up to a hundred Predators look at an area the size of a medium-sized city at once.”
By Linda Lye, Staff Attorney, ACLU of Northern California at 4:52pm
In a disturbing trend that can have a chilling effect on free speech, law enforcement agencies around the country are seeking wide-ranging information about the social networking activity of political activists. The San Francisco District Attorney recently issued subpoenas to Twitter for tweets by two political protesters, Lauren Smith and Robert Donohoe, who had been charged with rioting and unlawful assembly during a Columbus Day demonstration last year. They had been active on Twitter but disabled their accounts after the protest.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 5:00pm
Buried on page A25 of Thursday’s New York Times is a tiny story on what’s likely to become a big problem after the recent horrific mass shooting. According to the report, top intelligence officials in the New York City Police Department met on Thursday to explore ways to identify “deranged” shooters before any attack. One of these tactics would involve “creating an algorithm” to identify keywords in online public sources indicative of an impending incident. In other words, they seek to build an algorithm to constantly monitor Facebook and Twitter for terms like “shoot” or “kill.”