Cell Phones & Smartphones

Free Speech and BART Cell Phone Censorship

By Rekha Arulanantham, ACLU at 3:57pm

For three hours last Thursday, Bay Area Rapid Transit (BART) shut down cell phone service in four stations, prior to a planned political demonstration protesting the fatal shooting of a homeless man by a BART police officer.

But instead of avoiding bad publicity over the shooting death, BART's cell phone censorship has drawn even more attention to the agency and has called into question the legality of its actions.

Breaking the Law, Videotaping Suspicious Characters, and Seeing Through Walls (Friday Links Roundup)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:28pm

Reports circulated this week that Facebook’s new Timeline was placing private messages into people’s public Timeline displays. Facebook said it was certain that was not happening. According to a statement from Facebook:

Our engineers investigated these reports and found that the messages were older wall posts that had always been visible on the users' profile pages. Facebook is satisfied that there has been no breach of user privacy.

Friday Links Roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:26pm

Here are some links that have caught our eye recently:

The FBI’s “Next Generation Identification” biometrics database is starting to plan for the inclusion of iris scans. Iris scans raise more issues than some other biometrics (such as fingerprints) because they can be used at a distance without a subject’s participation, permission, or even knowledge. Hand-held iris scanners are being sold to police around the country for identification uses. We were assured in a meeting with the FBI last year that biometric scans in situations such as traffic stops would not be used to enroll individuals into the database, just to check their identity.

DOJ Cell Phone Tracking: Excellent questions, Senator

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:51pm

Sen. Al Franken (D- MN) is trying to get some answers to straightforward questions about cell-phone location tracking. Today, using our recent nationwide FOIA as a jumping off point, he sent a letter to the Department of Justice asking them to provide basic information about a practice that, in the words of Justice Sonia Sotomayor, “generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”

Fighting for Transparency

By Linda Lye, Staff Attorney, ACLU of Northern California at 4:51pm

Today, the ACLU of Northern California went to court in two separate cases with the same goal: shedding light on the government's use of controversial and arguably unconstitutional surveillance techniques.

The Government, Privacy, and Companies (The Ones We Pay and the Ones We Don’t)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:18pm

Privacy researcher Chris Soghoian gave a very nice talk at TEDx recently on “Why Google Won’t Protect You From Big Brother.” He provides a cogent overview and some useful perspective on the relationship between companies and the government, which is something we at the ACLU have been concerned about since our 2004 report on the Surveillance Industrial Complex, and before.

Why Does the Cell Phone Association Oppose Location-Tracking Warrant Requirement?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:13pm

CTIA, the industry association representing wireless phone carriers, is opposing proposed California legislation that would require the police to get a warrant before accessing a person’s location records from a cellphone company.

The association opposes the warrant requirement, and also opposes a requirement that carriers publicly disclose how often and why they share information with law enforcement.

Cell Phone Censorship in San Francisco?

By Rebecca Farmer, ACLU of Northern California at 5:15pm

Pop quiz: where did a government agency shut down cell service yesterday to disrupt a political protest? Syria? London? Nope. San Francisco.

The answer may seem surprising, but that’s exactly what happened yesterday evening. The Bay Area Rapid Transit (BART) asked wireless providers to halt service in four stations in San Francisco to prevent protestors from communicating with each other. The action came after BART notified riders that there might be demonstrations in the city.

Documents Obtained by ACLU Shed Light on Other Telecom Surveillance Techniques

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 9:57am

For the past year, the ACLU has been gathering information on local law enforcement agencies’ use of cell phone location tracking. (We’ve written about what we’ve learned here, here, here, here, and here.) In addition to everything we’ve discovered about location tracking itself, we’ve also learned about a number of other techniques law enforcement and the telcos can use when they work together. Sometimes the information came to light because, as with this telecom data retention chart, the information on the other techniques was mingled with the information on cell phone location tracking. Sometimes it was because law enforcement agencies misunderstood our public records requests and sent us everything they had related to telephones.

New Public Safety Broadband Network: Tool For A Domestic Secret Police?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 6:19pm

Police in Tampa used smartphones and tablets to spy on protesters at the Republican National Convention, according to a report today from the National Journal.

Smartphones have proven to be an excellent tool for empowering individuals faced with sometimes unprofessional or abusive law enforcement officers, thanks to their built-in cameras and the constitutional right to record the police. But they also allow the police, according to the article, to blend in and transmit live video of protesters:

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