American Civil Liberties Union

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.

Automatic license plate readers don’t pose much of a threat to our privacy if there aren’t very many of them. Like surveillance cameras, they really only become a problem when the data they collect are situated in a broader context of pervasive monitoring. One data point showing that your car drove past a stationary license plate reader on one highway doesn’t tell the government very much. But the data points begin to pile up when the surveillance cameras and license plate readers are on every street corner and police cruiser. And absent commonsense limits, that means police and prosecutors (and anyone else who gets at the database) can map your movements with the click of a button.

Internet-based text message apps are one of the most common means of communicating today. But when it comes to this relatively new technology, surveillance law is behind the times in important ways, and as is so often the case when the law lags technology, our privacy suffers as a result.

Text messages have for some time been a cash cow for the wireless carriers—back in 2007, annual global SMS revenue was estimated to be 60 billion dollars. Charging consumers 25 cents per 140 character text message is a great way to make money, but when those same consumers are already paying for internet connectivity to their smartphones, the market was ripe for disruption. In recent years, a number of internet companies have entered the text message market. In some cases, they have offered low-cost or free SMS services that interoperate with the carriers’ existing SMS system. In other cases, large companies like Facebook, Apple and WhatsApp have offered closed text message services to their smartphone using customers. Often seeking to reduce their monthly telephone bills, millions of consumers have migrated from smartphone text message services provided by the wireless carriers to smartphone text message services provided by internet companies.