Blog of Rights

Radically Wrong: The Right to Think Dangerous Thoughts

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:14am

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.

Small But Significant Privacy Oversight Institution Almost a Reality After Pathetic Story of Delay

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:39pm

(Updated below)

The Senate Judiciary Committee today approved president Obama’s nominee, David Medine, as chair of the Privacy and Civil Liberties Oversight Board. With this step, we are on the cusp of finally seeing this important oversight body brought into full existence.

As new technologies emerge faster than ever, it’s vital to have a genuinely independent oversight body helping to make sure our liberties are protected (see here and here for prior posts on the PCLOB, and a 2009 report on privacy oversight). The PCLOB is a significant and much needed addition to the highly inadequate oversight structures currently overseeing our out-of-control national security establishment.

E-Verify: Immigration Reform Cannot Come at the Expense of the Right to Privacy

By Sandra Fulton, ACLU Washington Legislative Office at 10:13am

The House Judiciary Subcommittee on Immigration and Border Security held a hearing yesterday on E-Verify...

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...

DNA Privacy Goes to the Supreme Court

By Michael Risher, Staff Attorney, ACLU of Northern California at 5:23pm

The U.S. Supreme Court heard oral arguments today in Maryland v. King, a case that raises the question of whether the police can take DNA...

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.

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.”

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...

Privacy Violations Have Costs!

By Sandra Fulton, ACLU Washington Legislative Office at 6:00am

Last June I wrote about a police officer whose driver's license record was repeatedly accessed by a state-run database without proper authorization. She is an attractive woman and her fellow officers were treating her record like a Facebook page. She was stalked, harassed and eventually forced to leave town.