In the digital age that we live in today, we are constantly exposing our personal information online. From using cell phones and GPS devices to online shopping and sending e-mail, the things we do and say online leave behind ever-growing trails of personal information. The ACLU believes that Americans shouldn’t have to choose between using new technology and keeping control of your private information. Each week, we feature some of the most interesting news related to technology and civil liberties that we’ve spotted from the previous week.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:52am
The Petraeus Affair Affair is salacious stuff. It also, naturally, raises a lot of questions about privacy. But there’s also an interesting First Amendment angle underneath the sensation: why did the FBI investigate Paula Broadwell—the Petraeus biographer and paramour who allegedly sent “harassing” emails to Tampa housewife Jill Kelley—in the first place? The Daily Beast reported Tuesday that none of the Broadwell emails contained “overt threats,” and really amounted to “cat-fight stuff” (a source’s words, not mine). Further, it appears the email that initially prompted Kelley to go to the FBI (titled “kelleypatrol”) was forwarded by General Allen, not sent directly. And, apparently, prosecutors expressed doubt that any of the emails constituted a threat.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:02pm
I recently came across this piece by the author William Deresiewicz (from his consistently insightful “All Points” blog), in which he comments on the observation that privacy and solitude are privileges of the modern era that are “rare both historically and globally,” with most people in the world today and in the past being “too poor to even have the space to be alone.” Members of the medieval household, for example,
By Dan Barrett, Staff Attorney, ACLU of Vermont, ACLU of Vermont at 12:20pm
The Vermont Supreme Court gave electronic privacy a big boost this morning when it approved restrictions placed upon police when conducting searches of electronic devices.
The case originated when police in Burlington, Vermont were investigating a report of a person applying for credit cards online using someone else's identity. Once the police narrowed the investigation to a street address where they thought the perpetrator might live, they asked a judge to issue a search warrant for “all computers or electronic media” located in the house—even though the house had multiple residents.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:18pm
Yesterday Reps. Ed Markey (D, Mass.) and Joe Barton (R, Texas) released a batch of important details about the operation of the nation’s largest data broker companies. The information came in responses from nine data broker companies to a list of questions posed by a group of Members led by Markey and Barton seeking details of their operation in light of the privacy sensitivity of what they do. The responses released yesterday provide a good snapshot and reminder of what it is these companies are doing.
The ACLU and dozens of other organizations – including Free Press and the Electronic Frontier Foundation – have teamed up to create the Declaration of Internet Freedom, which sets for a set of principles providing a positive vision to preserve the Internet as a platform for speech, innovation and creativity.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:40pm
There has been some discussion lately of whether the output of computer algorithms should be considered protected free speech, as Tim Wu discussed in an op-ed and my colleague Gabe Rottman addressed in a blog post in response.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:35pm
We hate to say “I told you so.”
In 2010, the Supreme Court heard a case called NASA v. Nelson, which involved the government’s right to carry out highly intrusive background checks. NASA decided to require its employees—many of whom had already been working for the agency for many years in what the government conceded were “low-risk” and “non-sensitive” positions—to fill out a form in which they were required to disclose any illegal drug use or possession within the previous year, along with details on any treatment or counseling received for such use. These employees were also required to sign an authorization permitting NASA’s security people to obtain
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:26pm
Salon has a nice piece on how research shows the difficulty of detecting lies—the impossibility, really—and how people consistently overestimate their ability to do so. And, how people consistently misidentify signs of stress (from a variety of causes) as proof of lying. Of course, an entire TSA program has been built on the premise that people can be trained to detect lies with a reasonable level of certainty.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:36pm
On July 30, the Privacy Commissioner of British Columbia announced a review of license plate scanning programs by law enforcement in the province. If the United States had an analogous institution embodying /enforcing our privacy values, maybe we’d see something like that here instead of untrammeled expansion and retention of license data. We’re still waiting for the “missing in action” Privacy and Civil Liberties Oversight Board (PCLOB) to turn into something real. From 2007 until late 2011, neither President Bush nor President Obama even nominated anyone to fill the independent oversight board; we finally now have four members—but still no chair.
