Free Future

Lie Detection, Special Treatment at the Airport, and Recursive Cameras (Friday Links Roundup)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:26pm

Salon has a nice piece on how research shows the difficulty of detecting lies—the impossibility, really—and how people consistently overestimate their ability to do so. And, how people consistently misidentify signs of stress (from a variety of causes) as proof of lying. Of course, an entire TSA program has been built on the premise that people can be trained to detect lies with a reasonable level of certainty.

First Amendment Violations to Watch for at the RNC and DNC

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:11am

We know that photographers have been having problems all over the country with police harassment, and that demonstrators’ free speech rights have also been under assault. But with the Democratic and Republican political conventions coming up, we have all too much reason to expect that free speech rights will be swallowed up in the vortex of those events, which have become constitutional black holes in recent years.

Video Analytics: A Brain Behind the Eye?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:14am

One of the central elements in last week's Trapwire story involves the application of “behavioral recognition,” also known as “video analytics,” to camera feeds. What are we to make of this technology?

In essence, video analytics is a form of artificial intelligence that tries to automatically derive meaning from a video feed. Face recognition, license plate recognition, and red light cameras are each examples of the automated extraction of meaning from a video feed, but what I’m focused on here are technologies that aim to offer more general analysis of behaviors that are taking place in a camera’s field of view. Examples include the tracking of people throughout an area, zone or perimeter protection, determination of (and detection of deviations from) “normal” patterns of movement in an area, and the detection of abandoned objects. (This article at EE Times offers an extensive introduction to the technology.) 

FTC Weighs In On Face Recognition Technology

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:46pm

The FTC on Monday released a staff report on Face Recognition, offering “best practices for common uses of facial recognition technologies.” The report resulted from a workshop the agency held on the issue last year. Face recognition is in some ways the ultimate biometric identifier, and its potential to finally and decisively put an end to the possibility of anonymity in public is very real.

BREAKING NEWS: Twitter Stands Up For One Of Its Users

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:59pm

Twitter has filed a motion in state court in New York seeking to quash a court order requiring it to turn over information about one of its users and his communications on Twitter. This particular case involves a Twitter user, Malcolm Harris, who is being prosecuted by the District Attorney’s Office in Manhattan for disorderly conduct in connection with the Occupy Wall Street protest that occurred on the Brooklyn Bridge last year. 

All Dressed Up And Nothing to do Except Arrest Photographers

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:31pm

Police around the country continue to violate individuals’ right to photography. A photographer named Carlos Miller maintains a web site in which he chronicles this problem. Now, Miller himself has obtained information about his own arrest for photography, which took place during the eviction of Miami Occupy protesters in January. Using an open-records request, he found that officials at the Miami-Dade Police Homeland Security Bureau, aka Fusion Center, had exchanged numerous e-mails over a period of months, in which they discuss their monitoring of Miller and his activities.

Do Androids Dream of Electric Speech?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:23am

Professor Tim Wu at Columbia had an op-ed in the New York Times yesterday arguing against First Amendment protections for “automated” speech. Here’s the argument distilled:

As a matter of legal logic, there is some similarity among Google, Ann Landers, Socrates and other providers of answers. But if you look more closely, the comparison falters. Socrates was a man who died for his views; computer programs are utilitarian instruments meant to serve us. Protecting a computer’s “speech” is only indirectly related to the purposes of the First Amendment, which is intended to protect actual humans against the evil of state censorship. The First Amendment has wandered far from its purposes when it is recruited to protect commercial automatons from regulatory scrutiny.

The Government’s Overreach on Bradley Manning

By Ben Wizner, Director, ACLU Speech, Privacy & Technology Project at 10:04am
Today a military judge overseeing the court martial of Pfc. Bradley Manning will rule on the motion to dismiss the charge of "Aiding the Enemy."

FTC Proposes Changes to Privacy Law That Collide With Free Speech

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:59am

Back in the waning years of the Clinton administration, Congress quietly enacted an important internet privacy bill (the passage of which was overshadowed by other, more salacious developments). The Children’s Online Privacy Protection Act (“COPPA”) requires any website “target[ing]” children under the age of 13 to notify a child’s parent and receive verifiable consent before collecting personal information from that child. A lot of COPPA is about controlling online marketing activities involving young children, who may not appreciate the dangers in disclosing sensitive personal information to commercial entities.

Twitter Appeals Ruling in Battle Over Occupy Wall Street Protester’s Information

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:44pm

Twitter just filed its brief appealing a June decision by a New York criminal court judge requiring the company to give the Manhattan District Attorney detailed information on the communications of Twitter user Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct in connection with a march on the Brooklyn Bridge.