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.

Civil Liberties in the Digital Age: Weekly Highlights (11/30/2012)

By Anna Salem, ACLU of Northern California at 3:21pm

Senate panel strengthens e-mail, cloud privacy law [CNET – Declan McCullagh]
"A U.S. Senate panel this morning approved a landmark privacy bill that would curb law enforcement's warrantless access to the contents of e-mail, private Facebook posts, and other data that Americans store in the cloud."

Lawmakers: Lax FAA rules on drone surveillance will put privacy at risk [The Hill – Brendan Sasso]
"Reps. Ed Markey (D-Mass.) and Joe Barton (R-Texas) slammed the Federal Aviation Administration on Thursday for failing to ensure that domestic drones will not invade the privacy of Americans."

ACLU Lens: Get Off My Cloud! Senate Bill Requires Warrants for Government to Spy on Email, Digital Communications

By Steve Gosset, ACLU at 5:00pm

The Senate Judiciary Committee today passed an amendment to the Electronic Communications Privacy Act (ECPA). Among its provisions, is a requirement that law enforcement agencies obtain a warrant before they can take a peek at your email, private social network posts and other information stored in the cloud.

ECPA would replace legislation dating back to 1986—when the Internet was still taking baby steps and privacy considerations were not paramount. Any way you slice it, it’s an analog measure in a digital world and badly in need of replacement.

Civil Liberties in the Digital Age: Weekly Highlights (11/16/2012)

By Anna Salem, ACLU of Northern California at 2:47pm

Petraeus Case Raises Fears About Privacy in Digital Era [New York Times – Scott Shane]
"The F.B.I. investigation that toppled the director of the C.I.A. and now threatens to tarnish the reputation of the top American commander in Afghanistan underscores a danger that civil libertarians have long warned about: that in policing the Web for crime, espionage and sabotage, government investigators will unavoidably invade the private lives of Americans."
See Also Email Location Data Led FBI to Uncover Top Spy’s Affair [Wired– Kim Zetter]
See Also Petraeus and the Perils of Federal Cyber-Stalking Laws [ACLU – Gabe Rottman]

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]

Civil Liberties in the Digital Age: Weekly Highlights (10/5/12)

By Anna Salem, ACLU of Northern California at 3:50pm

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.

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.

When Privacy Gets Personal For Policymakers

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:21am

Data from license plate readers in Minnesota was obtained by a St. Paul car dealer using open-records laws, and used to repossess at least one car, according to a recent article in the Minneapolis Star Tribune. The article included this amusing tidbit:

When the Star Tribune published data tracking Mayor R.T. Rybak's city-owned car over the past year, the mayor asked police Chief Tim Dolan to make a recommendation for a new policy about data retention.

Video Analytics: A Brain Behind the Eye?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:14am

One of the central elements in last week's Trapwire story involves the application of “behavioral recognition,” also known as “video analytics,” to camera feeds. What are we to make of this technology?

In essence, video analytics is a form of artificial intelligence that tries to automatically derive meaning from a video feed. Face recognition, license plate recognition, and red light cameras are each examples of the automated extraction of meaning from a video feed, but what I’m focused on here are technologies that aim to offer more general analysis of behaviors that are taking place in a camera’s field of view. Examples include the tracking of people throughout an area, zone or perimeter protection, determination of (and detection of deviations from) “normal” patterns of movement in an area, and the detection of abandoned objects. (This article at EE Times offers an extensive introduction to the technology.) 

Friday links roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:38pm

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

Paul Rosenzweig has posted a nice piece on Lawfare on the reasons to be skeptical of the need for cybersecurity regulation. He breaks cybersecurity down into its constituent parts (as we have urged) of cybercrime, cyber espionage, and truly catastrophic “digital Pearl Harbor” attacks. He suggests that the first two do not justify regulation, and (like us) is skeptical about the degree of risk of the third. In explaining that skepticism, he provides an elegant analysis of the electric grid, the taking down of which is a frequent cyber-attack scenario, and makes the point that the pro-regulation viewpoint “mistakes vulnerability for risk”—in other words, there can be a vulnerability in a system, but still a low risk that anyone will actually be able to or try to exploit it.

Declaration of Internet Freedom an Important Stake in the Ground

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:38pm

On the blog Above the Law, Elie Mystal has written a critique of the Declaration of Internet Freedom that the ACLU and many other parties have signed. (Mystal's piece was republished by Forbes).

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