By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:21pm
The New York Times has an interesting story on the police seizure of witnesses’ cell phones after the shooting of a knife-wielding man in Times Square on Saturday. I wrote about that issue a few weeks ago, and how the DC police department issued a first-of-its-kind policy on how officers should deal with evidence in citizens’ phones.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm
The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.
This couldn't be further from the truth.
We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:
Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm
Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:55pm
Nestled away in the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), which was signed last week by President Obama and is otherwise a very good law, exists a provision that may significantly broaden the already overly expansive federal stalking law.
The original statute, interestingly enough, was the law Paula Broadwell was suspected of violating when the FBI investigation uncovered the Petraeus affair last year, which I wrote about here. Right now, the statute covers two different types of conduct.
By Allie Bohm, Advocacy & Policy Strategist, ACLU & Emma Andersson, Criminal Law Reform Project at 2:59pm
Keene, New Hampshire has a population of 23,409, except during the months of July and August when campers flock in for the summer. Keene's violent crime index? 134.4, compared to a national average of 213.6. Most common crime? Theft. Good thing the federal Department of Homeland Security (DHS) gave Keene money to buy a BearCat, an armored counter-attack vehicle. What is Keene using its BearCat for? Good question.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:06am
There has been a lot of attention recently to the issue of audio recording being added to surveillance cameras on public buses. This issue first came onto our radar in 2009, but resurfaced again in Maryland in October (see this October Baltimore Sun article). In December the Washington Post and The Daily reported that the practice is spreading widely across the United States.
By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 8:09am
“I Like Ike” is one of the most well-known and catchiest political slogans of all time. According to a decision that was issued by a federal judge in Virginia a few days ago, however, the modern-day equivalent—saying that you "like" a political candidate by using Facebook's "like" feature—is not even worthy of the protections of the First Amendment. That decision is wrong, whether you like or dislike Facebook.
The court’s decision appears to be premised on its belief that pressing a button to say that you “like” something—in this case, a candidate running for election to be a city’s Sheriff— is not “substantive” enough to be protected by the First Amendment. In the court’s words: “[M]erely ‘liking’ a Facebook page is insufficient speech to merit constitutional protection . . . It is not the kind of substantive statement that has previously warranted constitutional protection. The Court will not attempt to infer the actual content of [the plaintiff’s] posts from one click of a button on [the candidate’s] Facebook page.”
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.
