Free Future

Will Increasing Surveillance Change Fiction?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:36pm

The end of the Cold War created a problem for espionage thriller writers and moviemakers. They faced loss of a built-in backstory needing no explanation, a whole set of strong but realistic motivations for extreme behavior, a pre-fab cast of bad guys, and weighty, global stakes underlying all the action. Perestroika left a generation of writers searching for new conflicts and settings and plot devices.

In Court Today: Fighting Judicial Secrecy in the WikiLeaks Investigation

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 9:30am

(Updated below)

In another round of the legal battle over the records of Twitter users sought by the government in connection with its WikiLeaks investigation, the ACLU and the Electronic Frontier Foundation (EFF) are appearing before a federal appeals court in Richmond this morning, arguing that the public has a right to know about secret court orders and other documents related to government efforts to obtain Internet users’ private information without a warrant.

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.

In Court: Uncovering Stingrays, A Troubling New Location Tracking Device

By Linda Lye, Staff Attorney, ACLU of Northern California at 12:42pm

The ACLU and Electronic Frontier Foundation have filed an amicus brief in what will be the first case in the country to address the constitutional implications of a so-called “stingray,” a little known device that can be used to track a suspect’s location and engage in other types of surveillance. We argue that if the government wants to use invasive surveillance technology like this, it must explain the technology to the courts so they can perform their judicial oversight function as required by the Constitution.

Does Surveillance Affect Us Even When We Can’t Confirm We’re Being Watched? Lessons From Behind the Iron Curtain

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:16pm

During the Cold War, as I argued last week, the totalitarian governments of the Soviet bloc functioned as a standing warning to Americans of the dangers of unchecked surveillance—lessons that we would do well to remember despite the fall of the Iron Curtain.

Newest Video Analytics Technique “Product Recognition” Aims to Judge You By What You Wear

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:56pm

I blogged recently about video analytics, the attempt to build intelligence into video surveillance so that cameras can not only record our every move in public, but also in some respects understand what they are seeing. Now comes word of the latest twist in this effort: “product recognition.” As Technology Review reports, a startup called Graymatics

Would it be Easier to Fight Surveillance if the Soviets Were Still Around?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:05am

Sometimes the constant news on the surveillance front makes me wonder: would it be easier to fight new surveillance programs if the Soviet Union were still around?

On the one hand the Cold War was a bonanza for the military and for our three-letter security agencies, which were invested with a mission of world-historical importance at a time when the nation was truly facing an existential threat (nuclear war). These agencies saw their budgets and powers expand dramatically in ways that were unprecedented in a country that had always held a deep suspicion of government power in general and “standing armies” in particular. With the fall of the Berlin Wall, these institutions faced an existential crisis of their own.

Police Cameras Outside Your Door

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:56am

The ACLU of Michigan recently put out an interesting report on surveillance cameras. Like other ACLU reports on cameras (such as those by our affiliates in Illinois and Northern California, and the materials on our national site) it summarizes the policy arguments against cameras. But it also focuses on a uniquely disturbing application of surveillance cameras: their deployment in residential neighborhoods.

Documents Obtained by ACLU Shed Light on Other Telecom Surveillance Techniques

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 9:57am

For the past year, the ACLU has been gathering information on local law enforcement agencies’ use of cell phone location tracking. (We’ve written about what we’ve learned here, here, here, here, and here.) In addition to everything we’ve discovered about location tracking itself, we’ve also learned about a number of other techniques law enforcement and the telcos can use when they work together. Sometimes the information came to light because, as with this telecom data retention chart, the information on the other techniques was mingled with the information on cell phone location tracking. Sometimes it was because law enforcement agencies misunderstood our public records requests and sent us everything they had related to telephones.

Tuesday: Federal Appeals Court Hears Important Cell Phone Tracking Case

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:05pm

Tomorrow, the Department of Justice will tell a federal appeals court panel in New Orleans that law enforcement agents should be permitted to obtain two month’s worth of historical cell phone location information without a warrant. Several civil liberties groups, including the ACLU, have filed briefs arguing otherwise (you can read our amicus brief here). We believe that cell phone location data, particularly when collected over a lengthy period of time, reveals intimate facts about a person's private life. The appropriate legal standard for such private information should be a probable cause warrant, issued by a judge.