Blog of Rights

Should Facebook Censor Misogynistic Material?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:57am

The New York Times ran an article yesterday about pressure that is mounting on Facebook to censor websites full of awful misogynistic material. The company said it was reviewing its processes for dealing with content under its hate speech policy.

For “Civic Hacking Day,” We’re Opening Our Torture Database to Developers

By Alex Abdo, Staff Attorney, ACLU National Security Project at 10:59am

This Saturday and Sunday, June 1 and 2, mark the first annual National Day of Civic Hacking. The ACLU is participating by enabling developers to access our Torture Database and in turn make this information even more accessible to the public. Starting now, anyone can access the extensive data amassed by the ACLU relating to the Bush administration’s rendition, detention, and interrogation policies and practices.

Immigration Reform: Week Three Is History (And Earlier Than Expected!)

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 11:01am

We were prepared for trench warfare in the third week of deliberations over the landmark immigration...

Following Texas’s Lead on Location Tracking

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 4:21pm

Yesterday, the Texas House of Representatives passed the first bill in the nation that would require law enforcement to obtain a probable cause warrant before tracking individuals’ location by collecting their cell phone location data. As Rebecca Robertson, legal and policy director for the ACLU of Texas put it, “By approving this amendment, our legislators would take a significant step to preserve the Fourth Amendment rights of Texas citizens, protecting them from potential unreasonable searches and seizures that could take place entirely outside judicial review.” They would also set a precedent that the rest of the country should be quick to follow.

Immigration Reform: Week Two Is Through

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 11:59am

After two more long days last week of largely unsuccessful attempts to scuttle the immigration reform bill, the Senate Judiciary Committee now is looking at the gargantuan task of wrapping up consideration – somehow, some way – before the end of this week. On Tuesday, the Committee completed work on the border security section of the bill and then began consideration of the section dealing with non-immigrant visas – addressing labor needs. Work on those issues continued on Thursday and then transitioned to enforcement, including the E-Verify employment verification system. All told, the Committee was busy this week – considering 64 amendments and adopting 40 of them. All but two of the amendments were adopted on a bipartisan basis. Ninety-nine amendments have now been considered (including modifications), and quite a few more have been withdrawn, out of the 300 amendments originally filed. Despite the accomplishments, the Committee still must figure out a way to deal with perhaps 150 amendments before Senators return to their home states at the end of the week for the Memorial Day recess.

AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records

By Patrick C. Toomey, Fellow, ACLU National Security Project at 11:36am

Last week we learned that the Department of Justice, in an unprecedented intrusion on the work of journalists, had obtained records for twenty telephone numbers belonging to the Associated Press or its reporters, spanning April and May 2012. The telephone records obtained do not include the content of phone calls, but they likely reveal the phone number of each and every caller on those lines for a period of weeks and, therefore, the identity of scores of confidential media sources.

The seizure of these records came to light only because the government has a special set of guidelines that require it to notify any media organization of a subpoena for its records within (at most) 90 days. The AP appears to have learned of the seizure of its phone records, albeit after the fact, only because of this special policy.

The notice given to the AP has generated a healthy debate over the limits on the government’s authority to acquire our telephone and internet records. But what if you aren’t a media organization and, therefore, do not benefit from the special government policy entitling you to notice when the government obtains your telephone or internet records? What information can the government get about you, and is it even required to tell you when it does so?

"Drones" vs "UAVs" -- What's Behind A Name?

Representatives of the drone industry and other drone boosters often make a point of saying they don’t like to use the word “drones.” When my colleague Catherine Crump and I were writing our drones report in 2011, we talked over what terminology we should use, and decided that since our job was to communicate, we should use the term that people would most clearly and directly understand. That word is “drones.”

Drone proponents would prefer that everyone use the term “UAV,” for Unmanned Aerial Vehicle, or “UAS,” for Unmanned Aerial System (“system” in order to encompass the entirety of the vehicle that flies, the ground-based controller, and the communications connection that connects the two). These acronyms are technical, bland, and bureaucratic. That’s probably their principal advantage from the point of view of those who want to separate them from the ugly, bloody, and controversial uses to which they’ve been put by the CIA and U.S. military overseas.

I suppose there is a case to be made that domestic drones are a different thing from overseas combat drones. Certainly, there’s a wide gulf separating a $17 million Reaper drone armed with Hellfire missiles and a hand-launched hobbyist craft buzzing around somebody’s back yard. But drone proponents themselves would be the first to say that drones are a tool—one that can be used for many different purposes. They can be used for fun, photography, science, surveillance, and yes, raining death upon people with the touch of a button from across the world. Even the overseas military uses of drones vary, including not just targeted killing but also surveillance and logistics.

Putting aside well-founded fears that even domestically we may someday see the deployment of weaponized drones, in the end, the difference between overseas and domestic drones is a difference in how the same tool is used. Regardless of whether you’ve got a Predator, a Reaper, a police craft, or a $150 backyard hobby rotorcraft, that tool is what it is. What it is is a drone.

I can’t touch on this subject without quoting from George Orwell’s famous essay “Politics and the English Language,” in which Orwell argued that bland and needlessly complicated language was a political act—a symptom of attempts to cover up

Experts Discuss Surveillance Society at Domestic Drones Hearing

By Sandra Fulton, ACLU Washington Legislative Office at 5:14pm

An important Congressional subcommittee held a hearing today on domestic drone use. Members and witnesses didn't just rehash familiar concerns; they dug deeper to explore how advanced surveillance technology has become, and the real dangers of the surveillance society that it creates.

The hearing, held by the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations began with testimony from the ACLU and three representatives from the academic community. (You can read the ACLU's complete testimony here.) While they had different ideas of what government regulation of domestic drone use should look like, the witnesses all stressed the increasing sophistication of drones, which will lead to levels of surveillance previously unseen. The testimony drove home the fact that drones are getting smaller, cheaper, and their use is about to blow up.

What the Government Says When It Says Nothing

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 1:36pm

On May 8, the ACLU released a slew of government documents obtained from the FBI, U.S. Attorneys' offices around the country, and the Justice Department's Criminal Division concerning the government's access to the contents of private electronic communications. The media has seized upon one of those documents, an undated memo titled, "Guidance for the Minimization of Text Messages over Dual-Function Cellular Telephones." This memo may show that the Criminal Division is doing nothing at all to avoid reading our text messages; it may show great procedures in place to safeguard the privacy our text messages; or, likely, it may have nothing to do with either of those predictions. The public does not know because the Justice Department put a large black box over every word following the header of the 15-page memo.

Federal Judge: Only Powered-Off Cell Phones Deserve Privacy Protections

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:27am

A federal magistrate judge in New York recently ruled that cell phone location data deserves no protection under the Fourth Amendment and that accordingly, the government can engage in real-time location surveillance without a search warrant. In an opinion straight from the Twilight Zone, magistrate judge Gary Brown ruled two weeks ago that “cell phone users who fail to turn off their cell phones do not exhibit an expectation of privacy.”

The case in question involved a physician who the DEA believed had issued thousands of prescriptions for pain killers in exchange for cash. In March of this year, the DEA had obtained a warrant for his arrest, and,