Blog of Rights

Lie Detection, Special Treatment at the Airport, and Recursive Cameras (Friday Links Roundup)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:26pm

Salon has a nice piece on how research shows the difficulty of detecting lies—the impossibility, really—and how people consistently overestimate their ability to do so. And, how people consistently misidentify signs of stress (from a variety of causes) as proof of lying. Of course, an entire TSA program has been built on the premise that people can be trained to detect lies with a reasonable level of certainty.

NYCLU Report from OWS Anniversary Protests

By Katherine Bromberg, Occupy Wall Street Coordinator, NYCLU at 5:43pm

Approximately 3,000 protesters from across the country amassed in New York City’s financial district to celebrate Occupy Wall Street’s one year anniversary.  Refusing to be deterred by the barricades and checkpoints that precluded them from entering the area by the New York Stock Exchange, protesters broke into numerous roving marches, chanting, singing and throwing confetti.  The NYPD’s response to many of these marches was more tempered than previously observed in other Occupy protests, and a fair number of arrests were the result of civil disobedience. 

Keeping the Government Out of Your Smartphone

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:48am

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.

New Public Safety Broadband Network: Tool For A Domestic Secret Police?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 6:19pm

Police in Tampa used smartphones and tablets to spy on protesters at the Republican National Convention, according to a report today from the National Journal.

Smartphones have proven to be an excellent tool for empowering individuals faced with sometimes unprofessional or abusive law enforcement officers, thanks to their built-in cameras and the constitutional right to record the police. But they also allow the police, according to the article, to blend in and transmit live video of protesters:

Twitter Forced to Hand Over Occupy Wall Street Protester Info

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 5:28pm

This morning, faced with the threat of criminal and civil contempt, Twitter turned over information about Occupy Wall Street protester Malcolm Harris to a New York criminal court judge. This development follows Twitter’s months-long effort to challenge the Manhattan District Attorney Office’s subpoena for Harris’s information, which was issued as part of the D.A.’s disorderly conduct prosecution of Harris stemming from his participation at an Occupy event last fall.

FOIA Documents Show FBI Was Watching Occupy Protestors, Some Docs Still Secret on National Security Grounds

By Linda Lye, Staff Attorney, ACLU of Northern California at 10:23am

Just shy of the one-year anniversary of the inaugural Occupy Wall Street protests, the ACLU of Northern California obtained initial documents from the FBI about surveillance of Occupy demonstrations in the region (see the FBI’s response here).

The documents came after an ACLU-NC lawsuit filed after the FBI refused to release any documents in a Freedom of Information Act request. The documents are significant for two reasons:

Is the ACLU Inconsistent on Regulation of Speech and Privacy?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:02pm

Adam Thierer of the libertarian Mercatus Center posted a thoughtful critique of my recent piece on online tracking and consumer “choice.” I wrote about a new paper on behavioral advertising and how it “demonstrates the absurdity of the position that individuals who desire privacy must attempt to win a technological arms race with the multi-billion dollar internet-advertising industry.”

Stolen Valor Vote in House Today

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:22pm

The second coming of the “Stolen Valor” Act (the Supreme Court struck down the first iteration on First Amendment grounds last term) is on the House’s “suspension” calendar today, meaning it will pass with a two-thirds majority vote, without amendment and after 40 minutes of debate.  The bill would create additional federal penalties for “fraudulent” representations concerning military decorations.

Apple, Drone Strikes, and the Limits of Censorship

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:55pm

Wired reported last week that the Apple App Store has rejected an app that compiles news reports in order to map overseas U.S. drone strikes, and provide users a pop-up notification whenever a drone strike has been reported.

Apple rejected the app several times, at first citing problems with its functionality, and then telling the developer that the app “contains content that many audiences would find objectionable.”

Know Your Rights at the DNC!

By Ateqah Khaki at 3:37pm

Earlier this week, we told you about your RNC-related rights, and now we’ve pulled together similar resources specific to the Democratic National Convention.

As we mentioned before, while the First Amendment protects our rights to free speech and assembly, police and government officials are allowed to place certain nondiscriminatory and narrowly drawn "time, place and manner" restrictions on the exercise of First Amendment rights. These restrictions must apply to all speech regardless of its point of view, but this does mean that how these rights manifest themselves do vary from state to state and city to city.