Free Future

Newest Word to Take on Orwellian Overtones in Internet Age: “Trust”

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:44pm

What could be warmer and fuzzier than “trust”? Between two human beings, it’s a hard-won bond that binds them together. In society, it is a currency that helps create a prosperous and efficient economy and culture, as thinkers such as Francis Fukuyama and Bruce Schneier have argued. But recently the word has taken on a new cast of ambiguity, and seems to be fast becoming the newest entry in the lexicon of Orwellian formulations, along with such once purely warm and positive words such as “security,” “defense,” and “intelligence.”

IRS Says It Will Respect 4th Amendment With Regard to Email, But Questions Remain

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 4:07pm

With tax day behind us, taxpayers may soon have something else to celebrate from the IRS. In testimony before the Senate Finance Committee today, IRS Acting Commissioner Steven Miller was questioned aggressively about documents released by the ACLU last week that indicate that the IRS does not think it needs a warrant to read all emails and other electronic communications during criminal investigations. Under pressure from senators, Miller agreed to update IRS policy documents within 30 days to state that a warrant is required for access to all emails, regardless of their age.

The First State Laws on Drones

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:13pm

On Thursday, Idaho Governor Butch Otter signed into law the first bill in the nation protecting individuals from unfettered surveillance by unmanned aerial vehicles.

Virginia enacted the very first drones bill nationwide on April 3. Their bill imposes a two-year moratorium on law enforcement drone use, except in emergencies, in order to give the VA legislature time to put in place legal protections for domestic drone use. On Thursday, Idaho put those legal protections in place.

New Documents Suggest IRS Reads Emails Without a Warrant

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 11:00am

Everyone knows the IRS is our nation’s tax collector, but it is also a law enforcement organization tasked with investigating criminal violations of the tax laws. New documents released to the ACLU under the Freedom of Information Act reveal that the IRS Criminal Tax Division has long taken the position that the IRS can read your emails without a warrant—a practice that one appeals court has said violates the Fourth Amendment (and we think most Americans would agree).

Report Details Government’s Ability to Analyze Massive Aerial Surveillance Video Streams

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.

Ohio Aerial Surveillance System Moving Forward Without Having to Wait For FAA Drone Rules

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:07am

I wrote recently about ARGUS, the high-flying drone technology capable of capturing super-high-definition video of a 15-square mile area...

DOJ Emails Show Feds Were Less Than "Explicit" With Judges On Cell Phone Tracking Tool

By Linda Lye, Staff Attorney, ACLU of Northern California at 11:06am

(Update below)

A Justice Department document obtained by the ACLU of Northern California shows that federal investigators were routinely using a sophisticated cell phone tracking tool known as a "stingray," but hiding that fact from federal magistrate judges when asking for permission to do so.

Eight Factors That Will Shape How America Adapts to Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:25pm

How domestic drones will affect our privacy depends on how the technology is used and deployed. And that depends on a lot of factors. Technologies never exist in isolation—their impact on society is always the result of interactions between the technology's potential, existing institutions and interests, and the law, architecture, and culture around them. We should put good privacy protections in place no matter what, but as drone technology unfolds, here are some of the factors that could influence the size and scope of their deployment within the United States:

Google’s Report on NSLs: What we still don’t know

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 10:44am

Every year, the FBI issues tens of thousands of “national security letters”—or NSLs—demanding that internet service providers, telephone companies, credit card companies, and others hand over information about their customers if it is “relevant” to a counterterrorism or counter-intelligence investigation. That information could include the web sites we visit, the email addresses of our contacts, or even information linking us to our anonymous political speech online. This practice has been shrouded in secrecy, though, because the FBI gags recipients of NSLs—preventing companies from telling their customers that the government has asked for records about them.

Drone Legislation: What’s Being Proposed in the States?

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:15pm

It's a race to see which state will be the first to pass legislation governing domestic drone use. Coming out of the gate first was Florida, which passed a bill through several committees in the Senate back in January. This is notable since the Florida legislature didn’t officially convene until March 5—they thought this issue was so important that they moved the bill during their committee organizing sessions. Then Montana pulled up from behind, passing two drones bills all the way through their Senate by mid-February. But, Virginia raced ahead, sending two bills to their governor’s desk by the beginning of March, where they currently await signature.