Blog of Rights

Let's Crowdsource Our Own Hollywood Movie About Torture

By Ateqah Khaki at 3:08pm

Originally posted on The Huffington Post.

With controversy still swirling around the film Zero Dark Thirty and its misleading suggestion that torture put the CIA on the trail of Osama bin Laden, it's time to take the tools of filmmaking into our own hands to refocus the discussion on why torture is always wrong.

Many in the intelligence community - including former CIA and FBI agents with firsthand experience with interrogations - have spoken out about the film's inaccuracies, the fact that real intelligence is better produced through humane and lawful interrogations, and the fact that torture almost always leads to false information. But that's a message that is likely lost among most viewers, especially because the film opens with the words, "Based on Firsthand Accounts of Actual Events."

New Documents Reveal U.S. Marshals’ Drones Experiment, Underscoring Need for Government Transparency

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 8:12am

The use of surveillance drones is growing rapidly in the United States...

New York Court Decision Highlights Yet Another Shortcoming In Nation’s Outdated Electronic Privacy Laws

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 1:02pm

A recent cell phone tracking case from New York is both a win and loss for privacy. In People v. Moorer, police officers submitted an emergency or “exigent circumstances” request to a phone company asking it to ping (locate) a cell phone—but the court concluded that the circumstances were not exigent at all. The Stored Communications Act (18 USC 2702) permits the voluntary disclosure (without any kind of court order) of customer records to the government, but only if “the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.”

Radically Wrong: Misstated Threats - Terrorism isn’t an American-Muslim Problem

By Dena Sher, ACLU Washington Legislative Office at 4:50pm

Despite evidence to the contrary, the government continues to embrace a theory that adopting radical ideas is a first step toward terrorist violence. Based on this discredited model, "preventive" policies are being pursued, resulting in discrimination, suspicionless surveillance of entire communities, and selective law enforcement against belief communities and political activists. The following is the second installment in the ACLU blog series "Radically Wrong," which highlights counterterrorism policies that are not only ineffective, but also undermine our constitutional rights.

"Did You Kiss the Dead Body?"

By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 10:47am

Artist's Work Keeps Human Realities of Torture Alive

Last autumn, Rajkamal Kahlon, a Berlin-based American artist, joined the ACLU as an artist-in-residence. Working out of our New York headquarters, Kahlon furthered an on-going project of hers called Did You Kiss the Dead Body? Visualizing Absence in the Archive of War. This week, she launched a new website compiling her stunning original images as well as texts and interviews with ACLU staff: DidYouKissTheDeadBody.com.

Drone ‘Nightmare Scenario’ Now Has A Name: ARGUS

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:06am

The PBS series NOVA, “Rise of the Drones,” recently aired a segment detailing the capabilities of a powerful aerial surveillance system known as ARGUS-IS, which is basically a super-high, 1.8 gigapixel resolution camera that can be mounted on a drone. As demonstrated in this clip, the system is capable of high-resolution monitoring and recording of an entire city. (The clip was written about in DefenseTech and in Slate.)

In the clip, the developer explains how the technology (which he also refers to with the apt name “Wide Area Persistent Stare”) is “equivalent to having up to a hundred Predators look at an area the size of a medium-sized city at once.”

Government Doesn’t Need Your Private Info for Cybersecurity—But Members of Congress Still Want It

By Robyn Greene, ACLU Washington Legislative Office at 1:33pm

Last Thursday, the House Intelligence Committee held a hearing that focused on...

The Softball Question That Wasn’t

By Matthew Harwood, Media Relations Associate, ACLU at 3:42pm

It should have been a softball question.

During a Google+ Hangout yesterday, conservative commentator Lee Doren asked President Obama whether he claims the authority to kill a U.S. citizen suspected of being associated with al Qaeda or associated forces on U.S. soil. Notice the question was restricted to only a U.S. citizen on U.S. soil (our concerns are, of course, broader and apply to the White House’s illegitimate claim of authority to kill people it unilaterally deems a threat, even if they are far from any battlefield, abroad).

Is the FBI’s Community Outreach Program a Trojan Horse?

By Mike German, ACLU, Washington Legislative Office at 3:33pm

In December 2011, the ACLU released FBI documents obtained through the Freedom of Information Act, which showed that San Francisco FBI agents were exploiting community outreach programs for intelligence-gathering purposes. Now it appears FBI agents in Minneapolis have adopted this ruse, and may be using it in even more sinister ways.

Checking Drone Power

By Matthew Harwood, Media Relations Associate, ACLU at 10:00am

Yes, law enforcement drones are coming, but if Rep. Ted Poe, R-Texas, has his way they won’t leave the ground without a judge okaying it first.

Yesterday, Poe introduced the Preserving American Privacy Act to ensure government, particularly law enforcement, use of drones will not violate the Constitution. Before police can launch a drone to search a non-public area, they will have to get a warrant based upon probable cause--the constitutional standard. For public spaces the standard will be reasonable suspicion of criminal activity as well as a reasonable probability that the drone will capture evidence of that criminal activity. Once the order is executed, the police will have 10 days to serve a copy of the warrant to the suspects under surveillance, although the bill allows judges to delay notification if it will jeopardize an ongoing criminal or national security investigation. If government entities violate the public trust and fly drones outside the law, the attorney general can order the Secretary of Transportation to revoke their license.