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.

Surveillance and Security Lessons From the Petraeus Scandal

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:24pm

When the CIA director cannot hide his activities online, what hope is there for the rest of us? In the unfolding sex scandal that has led to the resignation of David Petraeus, the FBI’s electronic surveillance and tracking of Petraeus and his mistress Paula Broadwell is more than a side show—it's a key component of the story. More importantly, there are enough interesting tidbits (some of which change by the hour, as new details are leaked), to make this story an excellent lesson on the government’s surveillance powers—as well as a reminder of the need to reform those powers.

New Justice Department Documents Show Huge Increase in Warrantless Electronic Surveillance

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 1:32pm

Justice Department documents released today by the ACLU reveal that federal law enforcement agencies are increasingly monitoring Americans’ electronic communications, and doing so without warrants, sufficient oversight, or meaningful accountability.

The documents, handed over by the government only after months of litigation, are the attorney general’s 2010 and 2011 reports on the use of “pen register” and “trap and trace” surveillance powers. The reports show a dramatic increase in the use of these surveillance tools, which are used to gather information about telephone, email, and other Internet communications. The revelations underscore the importance of regulating and overseeing the government’s surveillance power.  (Our original Freedom of Information Act request and our legal complaint are online.)

Do Young People Care About Privacy?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:00am

Everywhere I go, I hear some variation of the claim that “young people today just don’t care about privacy.” This is something that people widely seem to believe is “just true.” The latest claim to this effect comes in the form of a new poll, the release of which was trumpeted with unfortunate headlines like “Millennials don’t worry about online privacy.”

In fact, the poll, which was conducted by the University of Southern California’s corporate-partnered Center for the Digital Future, showed no such thing. Although there were some differences between younger and older respondents,

Eight Problems With “Big Data”

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:06pm

The idea of “Big Data” is in the air. At the South by Southwest Interactive conference last month, it was probably the hot topic, dominating or surfacing in numerous panels, including one on which I spoke, on “Big Data: Privacy Threat or Business Model?”

The Burdens of Total Surveillance

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:33pm

Last week’s Washington Post report that the CIA had requested that Boston bomber Tamerlan Tsarnaev be placed on a terrorist watch list raises an interesting point about total surveillance societies: in addition to all their negative implications for citizens, they actually bring some disadvantages for the authorities as well.

It’s not clear what information the CIA’s request was based upon, but reportedly it came from Russian authorities. It is also possible that Tsarnaev’s communications were flagged by US agencies such as the NSA. Either way, it seems as though there’s a real possibility that Tamerlan’s name came to the attention of the authorities through some dragnet-style surveillance technique.

If so, the conundrum for the authorities is this:

Newest Word to Take on Orwellian Overtones in Internet Age: “Trust”

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:44pm

What could be warmer and fuzzier than “trust”? Between two human beings, it’s a hard-won bond that binds them together. In society, it is a currency that helps create a prosperous and efficient economy and culture, as thinkers such as Francis Fukuyama and Bruce Schneier have argued. But recently the word has taken on a new cast of ambiguity, and seems to be fast becoming the newest entry in the lexicon of Orwellian formulations, along with such once purely warm and positive words such as “security,” “defense,” and “intelligence.”

Hacking Cars, Chipping Kids, and Fingerprinting at Disney (Friday Links Roundup)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:34pm

A disgruntled worker at a Texas auto dealership hacked into a vehicle-immobilization system and disabled more than 100 vehicles. Our automobiles are getting more and more computerized, so the threat of hacking vehicles is being taken increasingly seriously, according to this interesting article in CIO Magazine. And as computerization proceeds, with cars tied in to GPS, social networks, and who knows what else, the threat will increasingly be not just to security but also to privacy. Already today’s cars contain as many as 70 independent computers with up to 100 megabytes of code. And, vehicles—perhaps we should start calling them “transportation computers”—are increasingly being plugged into various networks, which greatly increases their vulnerability. Already, the job description “car thief” has come to take on some of the qualities of “hacker,” with today’s thieves plugging into vehicles’ data ports, replicating RFID key fobs, and otherwise manipulating data rather than hardware. It’s always seemed to me that one way to increase the security in cars and other publicly important software, is to require that their code be open source.

Computers vs. Humans: What Constitutes A Privacy Invasion?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:37pm

The NSA is refusing to tell two U.S. Senators how many Americans the agency has eavesdropped upon. According to a letter obtained by Wired, the NSA claims that “dedicating sufficient additional resources” to gather that information “would likely impede the NSA’s mission.” (For all the billions that the NSA spends, they cannot spare the money to answer a key civil liberties oversight question posed by elected civilian officials? Shameful.)

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

Plenty to Hide

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:57pm

A commentator on my recent post about the DEA installing license plate scanners on the nation’s interstate highways asks, “If you aren't doing anything illegal why would you care if someone captures your license plate number?”

Another commentator countered: “If I'm not doing anything illegal, why do the police need to record my license plate number?”

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