Civil Liberties in the Digital Age

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.

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

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.

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.

Privacy, Computers, and Consequences (Computers vs. Humans Part 2)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:09pm

In a post yesterday I discussed the belief that as long as our behavior and communications are only scrutinized by a computer, our privacy has not been invaded. Many people have that sense because computers are so much dumber than human beings.

Civil Liberties in the Digital Age: Weekly Highlights (9/28/2012

By Anna Salem, ACLU of Northern California at 2:51pm

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.

Friday Links Roundup For August 24

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.

Friday Links Roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:52pm

A few links that have caught our eye this past week:

Earlier this month in response to the Pauls’ Internet Manifesto I pointed out that the internet “was created by the government.” Monday Gordon Crovitz wrote a column arguing that this was an “urban legend,” and that the internet “reaffirms the basic free market critique of large government.” Since his column went to print, it has been thoroughly debunked by many experts, including Vint Cerf, Robert Metcalfe, Tim Berners-Lee, and even internet history expert Michael Hilzik, whom Crovitz quotes in his column. Media Matters, summing it up, asks whether the WSJ will issue a correction lest a nation full of Journal readers be left with a falsehood.

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.

Weird Computer-Generated Quiz Produces Customer Service Fail

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

I lost my credit card yesterday and had a very telling experience on the phone with American Express trying to get it replaced. After I gave them various pieces of information, the customer service agent said they would ship me a new card to the billing address on file. Just when I thought I was done, she then read something to the effect of, “For security purposes, I am going to ask you a question. The information this question is based on is not connected to your account, but was obtained from third-party information services.”

Do Androids Dream of Electric Speech?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:23am

Professor Tim Wu at Columbia had an op-ed in the New York Times yesterday arguing against First Amendment protections for “automated” speech. Here’s the argument distilled:

As a matter of legal logic, there is some similarity among Google, Ann Landers, Socrates and other providers of answers. But if you look more closely, the comparison falters. Socrates was a man who died for his views; computer programs are utilitarian instruments meant to serve us. Protecting a computer’s “speech” is only indirectly related to the purposes of the First Amendment, which is intended to protect actual humans against the evil of state censorship. The First Amendment has wandered far from its purposes when it is recruited to protect commercial automatons from regulatory scrutiny.

Civil Liberties in the Digital Age: Weekly Highlights (11/2/2012)

By Anna Salem, ACLU of Northern California at 12:41pm

More Than 25% Of Android Apps Know Too Much About You [Dark Reading – Kelly Jackson Higgins]

“Some 26 percent of Android apps in Google Play can access personal data, such as contacts and email, and 42 percent, GPS location data – in many cases, whether they need it or not... Other findings from the research: 31 percent of the apps access phone calls or phone numbers, and 9 percent employ permissions that could cost the user money, such as incurring premium SMS text message charges.”
See Also Exposing Your Personal Information – There’s An App for That [Juniper Networks – Daniel Hoffman]

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