By Sarah Roberts, Speech, Privacy and Technology Project at 4:39pm
Today the ACLU filed a lawsuit under the Freedom of Information Act to force the government to disclose information about the circumstances in which it accesses the contents of Americans’ private electronic communications without obtaining a warrant based upon probable cause. Such communications can include email, text messaging, and private conversations on social networks. While there is reason to believe this practice is widespread, there is much we don’t know about this government eavesdropping: when it happens, how often it’s done, who they’re watching, how long they monitor these communications, and what policies they have established regarding this monitoring. Through the lawsuit filed today, we hope to find out much more.
Today USA Today ran an editorial proclaiming “Indefinite detention is un-American.” We couldn’t agree more. The editorial states:
In the decade since the 9/11 attacks, Congress has been willing to do almost anything to ward off more terrorist strikes. It has given the government broad authority to hunt, hold and try suspected terrorists. Trouble is, the law is written so broadly that the government would have little difficulty applying it to virtually anyone.
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).
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:05am
We've written extensively about CISPA over the last year, but since the House Permanent Select Committee on Intelligence is set to mark the bill up next week, and the full House to vote on it the week after that, we're posting in more depth about its shortcomings. Information sharing isn't offensive per se; it's really a question of what can be shared, with whom, and what corporations and government agencies can do with it. First up:
By Elayne Weiss, Washington Legislative Office at 4:49pm
Rebekah Havrilla, a former Army sergeant, received no justice after she was raped by a fellow soldier while serving in Afghanistan.
On Wednesday, Rebekah testified before the Senate Armed Services Personnel Subcommittee at a hearing on military sexual assault, recounting her traumatic and downright appalling time serving in a command culture that tolerated sexual assault and harassment. Her subsequent experience with the military justice system re-traumatized her after she decided to come forward and report her rapist.
By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 12:07pm
Yesterday, the Open Society Justice Initiative (OSJI) issued a comprehensive report laying out the scope of the CIA's extraordinary rendition, secret prison and torture program. The report, following up on the ACLU's 2012 Torture Report, traces the evolution of the program, through which the CIA kidnapped terrorism suspects from around the world, flew them secretly to "black sites" – where they were held incommunicado without charge or trial – and tortured them. The OSJI report reveals that 54 nations, more than a quarter of the world, directly participated in the torture program, including through housing CIA prisoners on their soil, where they were often tortured; helping kidnap terrorism suspects and ship them overseas without any legal process; and allowing CIA planes to use their airspace and airports for those kidnapping missions. (Check out the report to learn which countries participated, and what types of assistance they offered). And it compiles the largest, most detailed list yet of the men and women thrown into these horrific black holes, naming 136 victims, many of whose whereabouts remain unknown today.
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 11:12am
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.)
By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:00am
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.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:09am
The TSA has issued a “Market Research Announcement” in which the agency expresses a desire to expand its Pre-Check whitelist program by allowing private companies to carry out risk analysis of Americans that would determine whether they are “trusted” enough to participate in the trusted traveler program. This would be a major step toward turning the agency’s Pre-Check whitelist into the insidious kind of passenger profiling system that was proposed under the Bush Administration in the wake of 9/11, and a confirmation of our longstanding warnings that the logic of the risk-assessment approach to security will drive the government toward the use of more and more data on individuals. It would be the most significant of the new initiatives the TSA is looking at this year.
