Free Future

Worst Facts Make Worst Law with Violent Video Games

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:43pm

It’s perfectly understandable that after the tragedy in Newtown, Conn., everyone is casting about for an answer to a singular question: why?

As past is prologue, we shouldn’t be surprised that several members of Congress have settled on media violence as the possible culprit, noting stories that Adam Lanza may have “obsessively” played Starcraft and Call of Duty. Sen. Jay Rockefeller (D-WV) is reportedly circulating legislation mandating a study on youth exposure to violent video games.

Voices on Human Gene Patents: It's Time to Free Our Genes

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.

NYPD's Backwards Policy on Photography at Occupy Wall Street

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 12:32pm

Police are busting people for taking pictures while cops themselves improperly monitor protestors.

I Like Ike

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 8:09am

“I Like Ike” is one of the most well-known and catchiest political slogans of all time. According to a decision that was issued by a federal judge in Virginia a few days ago, however, the modern-day equivalent—saying that you "like" a political candidate by using Facebook's "like" feature—is not even worthy of the protections of the First Amendment. That decision is wrong, whether you like or dislike Facebook. 

The court’s decision appears to be premised on its belief that pressing a button to say that you “like” something—in this case, a candidate running for election to be a city’s Sheriff— is not “substantive” enough to be protected by the First Amendment. In the court’s words: “[M]erely ‘liking’ a Facebook page is insufficient speech to merit constitutional protection . . . It is not the kind of substantive statement that has previously warranted constitutional protection. The Court will not attempt to infer the actual content of [the plaintiff’s] posts from one click of a button on [the candidate’s] Facebook page.”

Remembering the Real Purpose of Patents

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.

Open Source Intelligence and Crime Prevention

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.”

Adding Audio Recording to Surveillance Cameras Threatens A Whole New Level of Monitoring in American Life

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:06am

There has been a lot of attention recently to the issue of audio recording being added to surveillance cameras on public buses. This issue first came onto our radar in 2009, but resurfaced again in Maryland in October (see this October Baltimore Sun article). In December the Washington Post and The Daily reported that the practice is spreading widely across the United States.

If Police Want Your Cell Phone Video As Evidence, Can You Just Email the File to Them?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:21pm

The New York Times has an interesting story on the police seizure of witnesses’ cell phones after the shooting of a knife-wielding man in Times Square on Saturday. I wrote about that issue a few weeks ago, and how the DC police department issued a first-of-its-kind policy on how officers should deal with evidence in citizens’ phones.

Photographing Police: What Happens When the Police Think Your Phone Holds Evidence of a Crime?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:27am

The Washington, DC chief of police on Friday issued a new “General Order” to members of the police department on “Video Recording, Photographing, and Audio Recording of Metropolitan Police Department Members by the Public.” The order, which was part of the settlement of an ACLU lawsuit, includes some very interesting, groundbreaking provisions.

ICE Domain Name Seizures Threaten Due Process and First Amendment Rights

By Agatha M. Cole at 4:54pm

Guest blogger Agatha M. Cole is a J.D. candidate, Cardozo Law School, Class of 2013

The ongoing controversy surrounding domain name seizures under "Operation In Our Sites" seems to be reaching new heights. DHS launched Operation In Our Sites in 2010 to combat online piracy and the proliferation of counterfeit goods on the Internet. Since then, Immigration and Customs Enforcement (ICE) has shut down over 758 websites allegedly involved in the sale or distribution of counterfeit goods or illegal copyrighted works.