Blog of Rights

Supreme Court Ruling a Blow to Genetic Privacy

By Michael Risher, Staff Attorney, ACLU of Northern California at 5:29pm

The Supreme Court's 5-4 decision upholding Maryland's arrestee DNA testing law is a serious blow to genetic privacy. The ruling allows the police to seize the DNA of innocent Americans who have never been convicted of any sort of crime, without a search warrant. And as Justice Scalia makes clear in his scathing dissent, the majority opinion goes against decades of precedent that makes it clear that the police cannot search an individual for evidence of a crime (and that's clearly what they are doing here) without a specific reason to think that the search will actually uncover some evidence.

How Long Is Your Cell Phone Company Hanging On To Your Data?

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 10:17am

A Justice Department chart released to the ACLU through a public records act request reveals the location data retention policies of the major mobile carriers. What's your carrier's policy?

The Slow, Quiet Death of Real ID

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 11:43am

It’s a strange situation. What if they passed a federal statute that no one obeyed? Typically this isn’t a problem – there are a host of federal entities tasked with making sure that what Congress passes is followed. But in the case of Real ID, that is exactly what has happened.

The Real ID Act was aimed at improving drivers’ license security but its actual effect would have been to turn those same licenses into a national ID card. The law required a national database of all drivers and a common way for all licenses to be read by scanners. States would have to meet the standards in order for their citizens to use their driver’s licenses to board airplanes or enter federal facilities.

"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

Keeping the Government Out of Your Smartphone

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:48am

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.

Ninth Circuit Gives ACLU’s No Fly List Clients Their Day in Court

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 11:15am

Last week, the Ninth Circuit Court of Appeals unanimously ruled that the ACLU’s lawsuit challenging the U.S. government’s secretive No Fly List should go forward. This decision is a true victory for our clients and all Americans.

More than two years ago, 15 U.S. citizens and permanent residents, including four military veterans, were denied boarding on planes. None of them know why this happened. And no government authority has ever given them an explanation or a fair chance to clear their names.

FBI Documents Suggest Feds Read Emails Without a Warrant

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 10:31am

New documents from the FBI and U.S. Attorneys’ offices paint a troubling picture of the government’s email surveillance practices. Not only does the FBI claim it can read emails and other electronic communications without a warrant—even after a federal appeals court ruled that doing so violates the Fourth Amendment—but the documents strongly suggest that different U.S. Attorneys’ offices around the country are applying conflicting standards to access communications content (you can see the documents here).

Last month, in response to a Freedom of Information Act request, the ACLU received IRS documents indicating that the agency’s criminal investigative arm doesn’t always get a warrant to read Americans’ emails. Today we are releasing these additional documents from other federal law enforcement agencies, reinforcing the urgent need for Congress to protect our privacy by updating the laws that cover electronic communications.

The FBI and Electronic Communications: Where’s the Warrant?

The documents we received from the FBI don’t flat out tell us whether FBI agents always get warrants, but they strongly suggest that they don’t.

In 2010, the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages to law enforcement. But that decision only applies in the four states covered by the Sixth Circuit, so we filed our FOIA request to find out whether the FBI

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.”

New Documents Suggest IRS Reads Emails Without a Warrant

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).

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.