Blog of Rights

The TSA’s First 11 Years

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:21pm

November 25 marked the 10th anniversary of the signing of the Homeland Security Act, which created the sprawling Department of Homeland Security. Included in this new behemoth agency was another agency that had been created a year earlier, the Transportation Security Administration. It’s worth taking a look back at the short history of this agency.

The first and biggest conclusion we can reach is that the vast bulk of the increased security that we’ve obtained since 9/11 has been due to two factors: the securing of airplane cockpit doors, and the fact that no planeload of passengers in a hijacked aircraft will ever again sit back placidly and wait to land in Cuba or whatever. We’ve been saying this for years and it remains true. It’s hard to believe in light of all that has followed, but a few weeks after the 9/11 attacks, the ACLU issued a press release with the headline, “ACLU Applauds Sensible Scope of Bush Airport Security Plan.” What we were reacting to was a set of commonsense steps the administration had taken such as increased baggage screening and securing those cockpit doors.

Hamas, Twitter and the First Amendment

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:25pm

With one major exception, the Roberts Court has been quite protective of unpopular (and even revolting) speech under the First Amendment. That exception, however, is a doozy. It involves a statute criminalizing “material support” for terrorism, and the danger of the law was on stark display this week with reports of a petition to hold Twitter responsible for allowing Hamas to use the service.

Does Surveillance Affect Us Even When We Can’t Confirm We’re Being Watched? Lessons From Behind the Iron Curtain

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:16pm

During the Cold War, as I argued last week, the totalitarian governments of the Soviet bloc functioned as a standing warning to Americans of the dangers of unchecked surveillance—lessons that we would do well to remember despite the fall of the Iron Curtain.

Boston Police Store License Plate Data For “Intelligence” Purposes

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 2:29pm

This summer ACLU affiliates all around the country filed open-records requests seeking information about how government agencies are using automated license plate readers. One set of records, released this week to the ACLU of Massachusetts by the police department here in Boston, provides a snapshot of the data-collection practices that are taking place around the nation.

Italian Court Upholds Rendition Conviction of CIA Agents

By Allison Frankel, ACLU Human Rights Program at 5:21pm

The U.S. government may have closed without any prosecutions its inquiries into and investigations of CIA involvement in torture, homicide and other gross human rights violations, and convinced courts to dismiss civil accountability suits for such abuses – but across the pond, courts are holding U.S. officials criminally responsible for these very same acts. Yesterday, Italy’s highest court affirmed the convictions of 23 Americans involved in the abduction and rendition to torture of a Muslim cleric, Abu Omar, as part of the U.S. government’s notorious “extraordinary rendition” program. This case marks the first time any court anywhere in the world has held CIA officials responsible for torture and other abuses arising out of the program, which was greatly expanded under President George W. Bush and continues to be endorsed, albeit with assurances that international legal obligations will be respected, under the Obama administration.

The Ultimate Injustice at Guantánamo: The Death of Adnan Latif

By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 12:13pm

On Saturday, Guantánamo prisoner Adnan Latif was found unresponsive in his cell in Guantánamo’s Camp 5, the disciplinary wing of the camp, and pronounced dead. His identity was revealed only yesterday. Mr. Latif’s case, in life and now in death, represents the repercussions of our government’s failed Guantánamo policy and demonstrates the responsibility each branch has played in that failure.

Republican Party Platform Advocates Regulation of Drone Surveillance

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 12:03pm

The Republican Party’s 2012 platform, unveiled at the RNC Tuesday, includes this reference to domestic drone surveillance:

Affirming ‘the right of the people to be secure in their houses, papers, and effects, against unreasonable searches and seizures,’ we support pending legislation to prevent unwarranted or unreasonable governmental intrusion through the use of aerial surveillance or flyovers on U.S. soil, with the exception of patrolling our national borders. All security measures and police actions should be viewed through the lens of the Fourth Amendment; for if we trade liberty for security, we shall have neither.

Justice Department's Overreaching on Leaks Threatens Freedom of the Press

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:54pm

A week after the Department of Justice notified the Associated Press that it had secretly seized records for more than 20 phone lines...

The Privacy-Invading Potential of Eye Tracking Technology

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:42am

Eye tracking technology received new attention recently due to its inclusion in the Samsung Galaxy IV phone, where it can (with mixed results, according to reviewers) let users scroll the screen with their eyes or dim the screen when they look away. Clearly this is a technology that has the potential for a lot of clever applications. But what are the privacy implications?

Eye tracking for research was used for over a century before computers (see the quick history outlined in this article). The earliest research, in the 19th century, actually involved direct mechanical contact with the cornea. Already by 1898, researchers were discovering some really cool phenomena of the human brain. Motion pictures were applied to the problem as early as 1905, and the first head-mounted eye-tracker was developed in 1948, which freed study subjects from having to keep their heads still. In the mid-1970s the first remote trackers were developed that were truly unobtrusive to the subject. By then, research and writing based on eye tracking was booming, not only on the part of psychologists but also the military.

Thank You Mr. President – In Big Win for Privacy, Administration Issues CISPA Veto Threat!

By Robyn Greene, ACLU Washington Legislative Office at 12:32pm

Over the last few months, more than 50,000 ACLU supporters signed our petition to the president urging him to veto CISPA if it made it to his desk. Not only did the president hear your calls – yesterday, he answered them with a resounding win for your privacy and civil liberties and threatened to veto CISPA, the dangerous privacy-busting cybersecurity bill.

The president's veto threat echoed many of our concerns, and those that he raised last year when he threatened to veto CISPA 1.0. We have long warned that CISPA threatens Americans' privacy and civil liberties by allowing for companies to share our private information, like our internet records and the content of our emails, with the government. Yesterday's veto threat makes it clear that in spite of recent amendments, CISPA still fails to adequately protect our privacy. As the veto threat states: