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.
By Sandra Fulton, ACLU Washington Legislative Office at 1:55pm
It's a big week for reforming the Electronic Communications Privacy Act (ECPA), a little-known law which safeguards internet communications but hasn't been touched in nearly 30 years.
Yesterday the ACLU joined Americans for Tax Reform to push for an update to the law, and today Sen. Leahy (D-Vt.) and Sen. Mike Lee (R-Utah) introduced a bipartisan bill that would do just that. The bill would require police to get a warrant before accessing email and all other online communications, like Facebook posts or photos we store in the cloud with Google, Yahoo, or any other provider. In addition, the House Judiciary Committee began a series of hearings today on updating ECPA. (ACLU statement for the record is here).
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 9:59am
Should law enforcement agents have to obtain a warrant based on probable cause to attach a GPS tracker to a vehicle and track its movements? Several months ago we asked the Third Circuit Court of Appeals to consider our argument that they should (you can read our amicus brief here). Today, we will be in court arguing that point in the case of Harry, Mark, and Michael Katzin.
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.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:07pm
Yesterday the drone regulation bill in the Washington state legislature died, having failed to meet the cutoff date for moving to the House floor. Although our lobbyist there thought the bill would have passed both houses had the Democratic leadership allowed it to get there, they did not. Boeing lobbied against the bill, as did law enforcement.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:26am
As drone regulation legislation works its way through Congress and the 30 (so far) state legislatures where it has been introduced, one question that we hear a lot these days is, “we’ve had police helicopters for a long time, what’s so different about drones?”
For one thing, police helicopters do raise privacy issues. Because of the expense of using manned police aircraft, privacy invasions have not risen to the level that legislators have felt compelled to address them, but incidents do happen. In 2005, for example, a police helicopter supposedly monitoring a street protest in New York City instead trained its infrared camera for a prolonged period on a couple making love on a pitch-black rooftop patio. Any police helicopter that followed a citizen around town for no reason, or hovered over the backyard of innocent homeowners whose daughter was sunbathing with her friends, would probably draw complaints. With drones, scenarios like those are bound to happen much more frequently. And that’s because there are some critical distinctions between manned and unmanned aircraft.
By Alexander Abdo, Staff Attorney, ACLU National Security Project at 10:44am
Every year, the FBI issues tens of thousands of “national security letters”—or NSLs—demanding that internet service providers, telephone companies, credit card companies, and others hand over information about their customers if it is “relevant” to a counterterrorism or counter-intelligence investigation. That information could include the web sites we visit, the email addresses of our contacts, or even information linking us to our anonymous political speech online. This practice has been shrouded in secrecy, though, because the FBI gags recipients of NSLs—preventing companies from telling their customers that the government has asked for records about them.
By Josh Bell, Media Strategist, ACLU & Noa Yachot, Communications Strategist, ACLU at 5:04pm
You shouldn’t have to trade your privacy rights for the ability to use digital technology. But with technological advances coming so quickly, privacy protections are having trouble keeping up. That’s why the ACLU created the dotRights campaign – to let Americans know about what’s really going on with digital privacy, and to press corporations and the government to respect our rights.
You might switch off the GPS function on your cell phone – but that doesn’t mean that your wireless carrier can’t still track your location, store it for long periods, and hand it over to the government on request (it can and does). You might think that you control who can see what you do on the internet – but tightening your Facebook privacy settings or deleting your browser’s tracking cookies won’t change the fact that your online activities are being recorded and sold for profit to the highest bidder.
By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:15pm
It's a race to see which state will be the first to pass legislation governing domestic drone use. Coming out of the gate first was Florida, which passed a bill through several committees in the Senate back in January. This is notable since the Florida legislature didn’t officially convene until March 5—they thought this issue was so important that they moved the bill during their committee organizing sessions. Then Montana pulled up from behind, passing two drones bills all the way through their Senate by mid-February. But, Virginia raced ahead, sending two bills to their governor’s desk by the beginning of March, where they currently await signature.
By Sandra Fulton, ACLU Washington Legislative Office at 4:53pm
While our electronic privacy laws have remained stagnant, online advertising has grown into a multi-billion dollar industry. The browsing and communications habits of online users are routinely and secretly tracked as they surf the internet. Yesterday, Senator Rockefeller (D-WV), chairman of the powerful Senate Commerce Committee, introduced a bill to establish a Do Not Track mechanism –similar to a Do Not Call Registry– that would allow users to restrict what companies collect about them and regain control of their privacy and online identity.
