American Civil Liberties Union

The Drug Enforcement Administration is trying to access private prescription records of patients in Oregon without a warrant, despite a state law forbidding it from doing so. The ACLU and its Oregon affiliate are challenging this practice in a new case that raises the question of whether the Fourth Amendment allows federal law enforcement agents to obtain confidential prescription records without a judge’s prior approval. It should not.

Instagram has lost half its daily users in just one month as a result of all the bad publicity over its new terms of service, according to a story in the International Business Times. That is a stunning report—perhaps the most surprising indication of mass rebellion over an online policy issue since the defeat of SOPA. Perhaps I am overly conditioned to thinking that these kinds of seemingly obscure issues about the distribution of power on the internet—privacy, openness, intellectual property, etc.—are the provenance of geeks and policy nerds and reporters looking for stories. But losing half their daily users in one month? I think that’s a reminder that for all the assaults on our privacy by internet advertisers and others, people do still want and demand a sense of control when it comes to their online lives. Especially when it comes to services that people have made a part of their daily existence—which they feel they have a relationship with. Many privacy and other internet issues seem abstract and removed, and may not trigger a passionate backlash, but sometimes (as with this story, SOPA, and Facebook Beacon) they do.

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.)

In April, ACLU of Colorado filed public records requests seeking to learn about their local law enforcement agencies’ policies, procedures, and practices for tracking cell phones, bringing the total count of ACLU-filed cell phone location tracking public records requests to over 400. (We’ve written about what we’ve learned nationwide here, here, here, here, and here, and our findings were featured in a front page story in the New York Times in April). What Colorado learned is particularly interesting because a remarkable number of law enforcement agencies in Colorado are getting probable cause warrants before tracking cell phone location information—Arvada, Boulder, Colorado Springs, Denver, and El Paso County always get warrants in investigative circumstances—and because Denver’s practices pretty much follow existing legislative proposals, proving these bills totally workable.