American Civil Liberties Union

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.

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.

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.

Late last month a Montreal homicide detective was found guilty of accessing a police database to pass citizens’ information to an organized crime ring to help it ship stolen vehicles overseas. We always keep an eye on these kinds of stories because abuse is one of the risks that is created by governments’ collection of personal data on citizens at all levels. These include records containing sensitive medical and employment history, contact details like email addresses or phone numbers, and even bank and credit card information. But when proponents argue for new databases, the fact that at least some of these records are almost certain to be exposed by crooked insiders is rarely accounted for.