Blog of Rights

Will Congress and Law Enforcement Let Email Providers Keep Protecting Americans’ Privacy?

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:19pm

This was originally posted on the American Constitution Society blog.

The Hill broke a fascinating story last week: many major email providers are already requiring a warrant for the content of the communications they hold. What you say, this doesn't sound fascinating at all? It really is—just bear with me.

Business Model vs. Fourth Amendment

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:10pm

I wrote recently about the U.S. government and companies lobbying against the EU’s attempt to strengthen their privacy laws, and our own efforts at the ACLU to advance high transnational privacy standards. Our efforts helped attract a round of press coverage of this unfolding drama (including stories in the New York Times and Washington Post). We’ve also written a letter along with other privacy groups to senior Obama Administration officials, asking for a meeting to discuss the issue.

Florida Poised to Become First State to Regulate Surveillance Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:23pm

State legislatures around the country are gearing up to take action on domestic surveillance drones. Maine has a bill introduced, as do Missouri, Nebraska, North Dakota, Oklahoma, Oregon, and Texas. In Virginia a hearing has already been held on a bill, while Montana has three bills, and hearings have already been held there as well.

Enterprise Omniscience

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:35pm

NBC’s Bob Sullivan published a very nice piece of reporting Wednesday on an Equifax company called The Work Number, which collects detailed information about the paychecks of 30 percent of the U.S. workforce and then uses it for various purposes, including selling it to debt collectors and financial services firms wanting to do “risk management” of their customers.

Help Preserve the Legacy of Aaron Swartz

By Taren Stinebrickner-Kauffman, Political Activist at 10:15am

On January 11, 2013, facing decades in prison on trumped up charges, my partner, Aaron Swartz, made the tragic choice to take his own life. He was only 26.

Aaron's supposed crime? He was accused of checking out too many articles (4.8 million), too fast, from an online academic library called JSTOR, to which he had authorized access. He never used or distributed the articles and later returned them. For that, he faced 35 years behind bars and endured two years of relentless persecution.

ACLU Challenging DEA’s Access to Confidential Prescription Records Without a Warrant

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 5:36pm

The Drug Enforcement Administration is trying to access private prescription records of patients in Oregon without a warrant, despite a state law forbidding it from doing so. The ACLU and its Oregon affiliate are challenging this practice in a new case that raises the question of whether the Fourth Amendment allows federal law enforcement agents to obtain confidential prescription records without a judge’s prior approval. It should not.

The Kelleys' Cautionary Tale: Electronic Privacy Matters

By Matthew Harwood, Media Relations Associate, ACLU at 3:23pm

When Jill Kelley sought help from the FBI in the fall after receiving harassing e-mails, she had no idea that her trust in law enforcement would ultimately end in a loss of faith.

In November, Kelley and her husband, Scott, woke up to find themselves at the heart of a scandal that would ultimately lead to the resignation of CIA Director David Petraeus because of an extramarital affair with his biographer, Paula Broadwell, and engulf another high-ranking military official, U.S. Marine Gen. John Allen, in allegations of “inappropriate communications” with Mrs. Kelley. (Last night, the Pentagon’s Inspector General cleared Gen. Allen of all wrongdoing).

Hurray for Google Transparency, Now Where is Everyone Else?

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:16pm

Google released its latest transparency report today. They’ve made some interesting additions and the overall number of government requests is on the rise. But before we get to that, there is one major overriding point: good for Google and where is everybody else? The only other major company to release these types of numbers is Twitter. Where are Verizon and Facebook and Microsoft? How about AT&T, Amazon or Comcast? I could make this list endless but the major salient fact is that Google has paved the way (this is their 7th report) and there hasn’t exactly been a stampede to follow suit.

US Government Busy in Europe Defending Interests of Advertisers, Security Agencies, But Not Americans' Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:10am

My colleague Ben Wizner and I are in Brussels this week, partly to meet with European lawmakers and others about the new privacy regime that the EU is in the process of putting into place. Unlike the United States, Europe has a set of basic rules and institutions in place to protect individuals’ privacy, and is trying to update its existing rules and institutions for the digital age.

The United States needs similar protections—a basic, overarching privacy law, and institutions with the teeth to enforce it. We are an outlier in the world in lacking those things. However, some U.S. companies seem to be terrified at the prospect of basic, fair privacy rules being put into place in Europe. Not only are companies such as Facebook and Google furiously lobbying against those rules, but the U.S. government has “shocked” Europeans by also lobbying hard against many elements of this update.

Instagram, Jetliners, and Human Computation Engines (Friday links)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:20pm

Instagram has lost half its daily users in just one month as a result of all the bad publicity over its new terms of service, according to a story in the International Business Times. That is a stunning report—perhaps the most surprising indication of mass rebellion over an online policy issue since the defeat of SOPA. Perhaps I am overly conditioned to thinking that these kinds of seemingly obscure issues about the distribution of power on the internet—privacy, openness, intellectual property, etc.—are the provenance of geeks and policy nerds and reporters looking for stories. But losing half their daily users in one month? I think that’s a reminder that for all the assaults on our privacy by internet advertisers and others, people do still want and demand a sense of control when it comes to their online lives. Especially when it comes to services that people have made a part of their daily existence—which they feel they have a relationship with. Many privacy and other internet issues seem abstract and removed, and may not trigger a passionate backlash, but sometimes (as with this story, SOPA, and Facebook Beacon) they do.