Free Future

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.

Reading of Emails Without Warrant Likely Extends Beyond IRS

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 8:23am

The ACLU released documents last week indicating that the criminal investigative arm of the IRS doesn’t think it always needs a warrant to read people’s email when investigating them for tax crimes. The revelation garnered widespread media attention (see examples here, here, and here). We called on the IRS to clarify its policy but, unfortunately, the agency issued only a brief, confusing statement that failed to explain its actual policy and practices. As we said last week, because our emails, text messages, and other electronic communications contain some of our most sensitive and private information, it is crucial that federal law enforcement agencies obtain a warrant from a neutral judge before accessing them.

Voices on Human Gene Patents: It's Time to Free Our Genes

By Christopher E. Mason, Assistant Professor of Computational Genomics, Weill Cornell Medical College, Affiliate Fellow, Information Society Project of Yale Law School & Jeffrey Rosenfeld, Assistant Professor of Medicine, New Jersey Medical School at 12:29pm

Even though they’ve been in our families since the dawn of man, our genes do not belong to us. They’ve been claimed by companies that hold patents on the DNA from our cells. Over the past 20 years, at least 41 percent of our genes have become the intellectual property of corporations. These patent claims contradict an intuitive sense that our DNA is no less ours than our lungs or kidneys. More importantly, these patents, covering thousands of human genes, restrict our doctors’ ability to look at our DNA and plan ahead for our medical treatment.

Why Won’t the IRS Deploy Basic Web Security?

By Katie Haas, ACLU Human Rights Program & Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:45am

This tax season, when you visit the IRS’s website seeking tax information, can you be certain that no one else is monitoring which pages you browse?

Unfortunately, right now the answer to that question is “no.” Unlike Facebook, Twitter, Google Mail (Gmail), and virtually every bank and credit card company, the IRS, like most government agencies, does not use HTTPS for encryption and authentication on its website. If you try typing “mail.google.com” into your browser right now, you will see that the URL you end up at is actually “https://mail.google.com.” That “s” after the “http” may seem insignificant, but it means a lot. It signifies that Google is using Secure Sockets Layer encryption, or SSL, to both encrypt and authenticate its communications. When you visit google.com and you see “https” at the beginning of the address, it lets you know that your connection is secure, and that third parties – such as your internet service provider, employer, or university cannot monitor what you’re doing through the use of network interception technology.

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).

Remembering the Real Purpose of Patents

By James Evans, Bryson Distinguished Professor of Genetics and Medicine, University of North Carolina - Chapel Hill School of Medicine at 10:44am

James Evans, MD, PhD is the Bryson Distinguished Professor of Genetics and Medicine at the University of North Carolina Chapel Hill School of Medicine. He was a member of the advisory committee to the U.S. Secretary of Health and Human Services on Genetics, Health and Society and spearheaded that committee's task force investigating gene patenting and its effect on patient care. He also filed an amicus brief in the ACLU's challenge to gene patents.

Three Reasons the Drone Industry Should Support Privacy Protections

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:31am

As I mentioned recently, lobbying by Boeing contributed to the defeat (for now) of drone privacy legislation in Washington state. In fact, we are starting to see a few of the many legislative proposals for regulating drones die in state legislatures (our updated chart on the status of such legislation is here). One of the reasons legislation has been shut down in some of these states is (poorly founded) concern that passing such protections will inhibit a state’s chances of winning one of the drone “test sites” that the FAA is in the process of awarding. Meanwhile, the drone industry association, the AUVSI, has also been opposing state privacy-protection bills, citing the unconvincing argument that existing laws and the courts are enough to ensure privacy. And drone boosters have always intimated that privacy rules will interfere with economic benefits that a booming drone industry will provide.

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...