Blog of Rights

DOJ Emails Show Feds Were Less Than "Explicit" With Judges On Cell Phone Tracking Tool

By Linda Lye, Staff Attorney, ACLU of Northern California at 11:06am

(Update below)

A Justice Department document obtained by the ACLU of Northern California shows that federal investigators were routinely using a sophisticated cell phone tracking tool known as a "stingray," but hiding that fact from federal magistrate judges when asking for permission to do so.

Eight Factors That Will Shape How America Adapts to Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:25pm

How domestic drones will affect our privacy depends on how the technology is used and deployed. And that depends on a lot of factors. Technologies never exist in isolation—their impact on society is always the result of interactions between the technology's potential, existing institutions and interests, and the law, architecture, and culture around them. We should put good privacy protections in place no matter what, but as drone technology unfolds, here are some of the factors that could influence the size and scope of their deployment within the United States:

The Constitution Applies When the Government Bans Americans From the Skies

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project & Hina Shamsi, Director, ACLU National Security Project at 2:58pm

The government does not have the unchecked authority to place individuals on a secret blacklist without providing them any meaningful...

Censorship at Guántanamo: Thoughts and Memories Don't Belong to the Government

By Noa Yachot, Communications Strategist, ACLU at 4:16pm

In the Guantánamo Bay military commissions, the ACLU is persisting in its fight against the government's legally and morally untenable claim that it can censor from the public the 9/11 defendants' personal experiences and memories of torture, rendition, and detention by the CIA. This week, we filed a reply brief responding to the government's arguments in support of censorship.

Does Intelligence Have to be so Unintelligent?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 4:27pm

You would think that with an annual budget topping $70 billion, the intelligence community would employ the most rigorous scientific research methods and conduct exacting empirical studies to support its assumptions and evaluate the effectiveness of its programs. You would be wrong. Radically wrong.

In fact, our intelligence agencies do their best to avoid meaningful oversight or accountability, and setting empirically measurable benchmarks to evaluate the success or failure of particular programs would only invite the kind of scrutiny they eschew. Then-Defense Secretary Donald Rumsfeld famously complained way back in 2003 that "we lack metrics to know whether we are winning or losing the global war on terror," but ten years later the intelligence community continues to avoid setting such metrics.

With CISPA, "It's all just a little bit of history repeating..."

By Robyn Greene, ACLU Washington Legislative Office at 4:48pm

The Propellerheads may have been talking about fashion trends when they sang that "to me it seems quite clear that it's all just a little bit of history repeating." But that sentiment rings loud and true today when talking about the privacy-busting cybersecurity bill CISPA.

Leaders of the House Intel Committee reintroduced CISPA with the same privacy flaws as last year. While they suggested at its unveiling that they worked with the privacy community and addressed our concerns, they didn't. This is the same bill, with the same problems.

Truly Dishonorable: Military Justice System Betrays Survivors of Sexual Assault

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.

Intel Officials Admit "Cyber Pearl Harbor" Unlikely Soon, Agree Cyber Should be Kept in Civilian Hands

By Robyn Greene, ACLU Washington Legislative Office at 4:27pm

Privacy protection, and the debate about whether to house information-sharing programs in a civilian or military agency, dominated three congressional hearings on cybersecurity this week.

In separate hearings Tuesday in the Senate Select Committee on Intelligence and the Armed Services Committee, leaders of the intelligence community called cyberattacks the greatest threat to the U.S. at this time—but admitted that the kinds of catastrophic attacks imagined by reporters and cyber experts were only a "remote" possibility in the near future.

Victory in Court: CIA Can No Longer Refuse to "Confirm or Deny" on Drones

By Brett Max Kaufman, Legal Fellow, ACLU National Security Project at 1:48pm

In an important victory for transparency, a federal appeals court today put an end to the CIA's absurd claims that it "cannot confirm or deny"...

Government Increasingly Invoking National Security to Circumvent FOIA

By Alex Abdo, Staff Attorney, ACLU National Security Project at 5:23pm

The government is increasingly relying on a national security pretext to bolster its secrecy claims, an Associated Press report released yesterday reveals. Analysis conducted by the news agency shows that the Obama administration cited legal exemptions to deflect requests for records under the Freedom of Information Act more often in 2012 than in any previous year.