Free Future

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.

We Already Have Police Helicopters, So What’s the Big Deal Over Drones?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:26am

As drone regulation legislation works its way through Congress and the 30 (so far) state legislatures where it has been introduced, one question that we hear a lot these days is, “we’ve had police helicopters for a long time, what’s so different about drones?”

For one thing, police helicopters do raise privacy issues. Because of the expense of using manned police aircraft, privacy invasions have not risen to the level that legislators have felt compelled to address them, but incidents do happen. In 2005, for example, a police helicopter supposedly monitoring a street protest in New York City instead trained its infrared camera for a prolonged period on a couple making love on a pitch-black rooftop patio. Any police helicopter that followed a citizen around town for no reason, or hovered over the backyard of innocent homeowners whose daughter was sunbathing with her friends, would probably draw complaints. With drones, scenarios like those are bound to happen much more frequently. And that’s because there are some critical distinctions between manned and unmanned aircraft.

New Justice Department Documents Show Huge Increase in Warrantless Electronic Surveillance

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 1:32pm

Justice Department documents released today by the ACLU reveal that federal law enforcement agencies are increasingly monitoring Americans’ electronic communications, and doing so without warrants, sufficient oversight, or meaningful accountability.

The documents, handed over by the government only after months of litigation, are the attorney general’s 2010 and 2011 reports on the use of “pen register” and “trap and trace” surveillance powers. The reports show a dramatic increase in the use of these surveillance tools, which are used to gather information about telephone, email, and other Internet communications. The revelations underscore the importance of regulating and overseeing the government’s surveillance power.  (Our original Freedom of Information Act request and our legal complaint are online.)

Apple’s Persistent Device ID is a Threat to Privacy

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:14pm

Today, a group known as Antisec released a collection of one million UDIDs—serial numbers associated with Apple mobile devices, such as iPhones and iPads—which they claim came from a trove of 12 million UDIDs pilfered from an FBI agent’s laptop.

The FBI has issued a statement denying that an agency device was compromised or that “the FBI either sought or obtained the information.” Clearly, there are a lot of open questions, and few solid facts relating to this alleged breach.

The DIY Armed Drone

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:32pm

I was on a radio show earlier today (the “Your Call” show on KALW, a local public radio station in San Francisco) when a man called in to tell how he had successfully built his own armed drone, using commercially available equipment. He did not use a real gun, but a paintball gun (many paintball guns are comparable to real guns in weight).

ACLU & Facebook Tell Appeals Court That “Like” Is Free Speech

By Josh Bell, Media Strategist, ACLU at 4:21pm

The ACLU challenges a judge’s ruling that “liking” something on Facebook is not protected by the First Amendment.

Weird Computer-Generated Quiz Produces Customer Service Fail

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:20pm

I lost my credit card yesterday and had a very telling experience on the phone with American Express trying to get it replaced. After I gave them various pieces of information, the customer service agent said they would ship me a new card to the billing address on file. Just when I thought I was done, she then read something to the effect of, “For security purposes, I am going to ask you a question. The information this question is based on is not connected to your account, but was obtained from third-party information services.”

Ban on Arming Domestic Drones: Let’s Draw a Line in the Sand

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office & Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:44am

Last week Rep. Rush Holt (D-NJ) and the House of Representatives drew an important line in the sand. Holt offered an amendment to the Department of Homeland Security Appropriations bill to bar any DHS funding for “the purchase, operation, or maintenance of armed unmanned aerial vehicles.” (The amendment was adopted and the bill has passed the House.) While moves to arm domestic drones are widely seen as beyond the pale and have not really been contemplated (with the exception of one sheriff in Texas who mused about mounting less-lethal weapons like rubber bullets on unmanned aircraft), we believe it’s crucial to get ahead of any possible trend.

Five Reasons Why the Courts Aren’t Enough to Ensure Drone Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:07pm

Yesterday the drone regulation bill in the Washington state legislature died, having failed to meet the cutoff date for moving to the House floor. Although our lobbyist there thought the bill would have passed both houses had the Democratic leadership allowed it to get there, they did not. Boeing lobbied against the bill, as did law enforcement.

ACLU Files FOIA Request for Unreleased DHS Privacy Report on Laptop Searches at the Border

By Katie Haas, ACLU Human Rights Program at 10:07am

Aiming to determine the impact of border searches on Americans’ civil liberties, the Department of Homeland Security has produced a report on its policy of combing through and sometimes confiscating travelers’ laptops, cell phones, and other electronic devices—even when there is no suspicion of wrongdoing. The report was completed sometime between October 2011 and September 2012, and last week DHS quietly posted only the executive summary on its website, without many people noticing.