Free Future

Keeping the Government Out of Your Smartphone

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:48am

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.

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.

Court Ruling Gives FBI Too Much Leeway on Surveillance Technology

By Linda Lye, Staff Attorney, ACLU of Northern California at 5:09pm

Today, a federal district judge in Arizona issued a very disappointing decision concerning the government’s obligations to be candid with courts about new technologies they are seeking a warrant to use.

The case involves Daniel Rigmaiden, who is being criminally prosecuted for an alleged electronic tax fraud scheme. The government used a surveillance device known as a stingray to locate Mr. Rigmaiden. A stingray operates by simulating a cell tower and tricking all wireless devices on the same network in the immediate vicinity to communicate with it, as though it were the carrier’s cell tower. In order to locate a suspect, a stingray scoops up information not only of the suspect, but all third parties on the same network in the area. This means that when the government uses a stingray to conduct a search, it is searching not only the suspect, but also tens or hundreds of third parties who have nothing to do with the matter. When the FBI sought court permission to use the device to locate Mr. Rigmaiden, it didn’t explain the full reach of stingrays to the court.

The ACLU and the Electronic Frontier Foundation filed an amicus brief arguing that when the government wants to use

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.

Raytheon’s “Riot” Social-Network Data Mining Software

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:08pm

A video touting software created by Raytheon to mine data from social networks has been attracting an increasing amount of attention in the past few days, since it was uncovered by Ryan Gallagher at the Guardian.

Profiling Muslims at the Airport

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:20pm

I finally had a chance to read this extended debate between the security-ologist Bruce Schneier and critic-of-religion Sam Harris (yes that Sam Harris) over whether we should profile Muslims in airport security.

First of all, Sam Harris performs a useful function by articulating a more sophisticated version of what is the intuitive position for many Americans, which runs something like: “we know who the danger is, it ain’t old ranchers from Texas or pretty blondes from San Diego—it’s Muslims, so let’s focus airport security on them.” (I hear this regularly myself when discussing airline security in public.) By fearlessly arguing for such profiling—which many people might quietly suspect makes sense—Harris sets it forth explicitly so that it can be explicitly debunked. And Schneier not only debunks it, he demolishes it.

Justice Department Refuses to Release GPS Tracking Memos

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 11:12am

Two key memos outlining the Justice Department’s views about when Americans can be surreptitiously tracked with GPS technology are being kept secret by the department despite a Freedom of Information Act lawsuit filed by the ACLU to force their release. The FBI’s general counsel discussed the existence of the two memos publicly last year, yet the Justice Department is refusing to release them without huge redactions. (You can see the heavily censored versions sent to the ACLU here and here, and our original FOIA request here.)

Surveillance and Security Lessons From the Petraeus Scandal

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:24pm

When the CIA director cannot hide his activities online, what hope is there for the rest of us? In the unfolding sex scandal that has led to the resignation of David Petraeus, the FBI’s electronic surveillance and tracking of Petraeus and his mistress Paula Broadwell is more than a side show—it's a key component of the story. More importantly, there are enough interesting tidbits (some of which change by the hour, as new details are leaked), to make this story an excellent lesson on the government’s surveillance powers—as well as a reminder of the need to reform those powers.

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...

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.