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 Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:36pm
The end of the Cold War created a problem for espionage thriller writers and moviemakers. They faced loss of a built-in backstory needing no explanation, a whole set of strong but realistic motivations for extreme behavior, a pre-fab cast of bad guys, and weighty, global stakes underlying all the action. Perestroika left a generation of writers searching for new conflicts and settings and plot devices.
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.
By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project & Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:01am
Much current cybersecurity discourse is inspired by a vivid and compelling image: terrorists remotely taking over dams, nuclear power plants or other critical infrastructure in order to wreak havoc and kill large numbers of Americans. In one revealing incident, congressional staffers pushing for new government powers argued that their legislation was needed to prevent cyber attackers from accessing a system that could “cause the floodgates to come open at the Hoover Dam and kill thousands of people.” There’s only one problem: officials at the Dam told reporters that “Hoover Dam and important facilities like it are not connected to the internet.” The incident shows that threat inflation combined with the power of a vivid image or narrative can override facts and drive policy. Congress should be aware of the facts before charging forward with privacy-busting legislation like the Cyber Intelligence Sharing and Protection Act.
Time Warner Cable recently asked a federal court to quash subpoenas it received seeking the identities of thousands of its customers. The subpoenas came as part of several lawsuits filed by members of the movie industry who allege the individuals downloaded certain movies using BitTorrent.
The lawsuits were all filed by the Washington, D.C., law firm "U.S. Copyright Group" (USCG). Six virtually identical lawsuits have been filed already in D.C. implicating thousands of individuals, and numerous subpoenas have been issued to Internet service providers (ISPs) seeking the names and addresses of users who allegedly downloaded certain movies. Several ISPs have complied, but Time Warner Cable moved to quash the three subpoenas it received.
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 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.
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.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:36pm
Ron and Rand Paul’s manifesto on “The Technology Revolution,” released the other day, is unexpectedly incomplete, focusing most of its animus not on government security and police agencies, but on what they call “collectivists,” by which they mean those who advance attempts to “regulate competition, infrastructure, privacy and intellectual property.” I think they mean us.
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 2:54pm
The American Library Association has created an excellent public education resource on the privacy issues facing our society – a web site called privacyrevolution.org.
The ALA has long been a staunch defender of privacy and free speech, and a frequent ally of the ACLU on those issues. In fact, libraries have been the scene of many free speech battles in recent years. If you think about it, librarians are our natural allies since libraries exemplify the democratic ideal of citizens’ access to information, while protecting those citizens’ right to keep their inquiries and interests private. As the site explains:
Time Warner Cable recently asked a federal court to quash subpoenas it received seeking the identities of thousands of its customers. The subpoenas came as part of several lawsuits filed by members of the movie industry who allege the individuals downloaded certain movies using BitTorrent.
