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.

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?”

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.)

Apple’s Persistent Device ID is a Threat to Privacy

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:14pm

Today, a group known as Antisec released a collection of one million UDIDs—serial numbers associated with Apple mobile devices, such as iPhones and iPads—which they claim came from a trove of 12 million UDIDs pilfered from an FBI agent’s laptop.

The FBI has issued a statement denying that an agency device was compromised or that “the FBI either sought or obtained the information.” Clearly, there are a lot of open questions, and few solid facts relating to this alleged breach.

ACLU & Facebook Tell Appeals Court That “Like” Is Free Speech

By Josh Bell, Media Strategist, ACLU at 4:21pm

The ACLU challenges a judge’s ruling that “liking” something on Facebook is not protected by the First Amendment.

Internet Freedom is Worth Fighting For

By Ateqah Khaki at 5:02pm

The ACLU and dozens of other organizations – including Free Press and the Electronic Frontier Foundation – have teamed up to create the Declaration of Internet Freedom, which sets for a set of principles providing a positive vision to preserve the Internet as a platform for speech, innovation and creativity.

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.”

Petraeus and the Perils of Federal Cyber-Stalking Laws

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:52am

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.

Does Surveillance Affect Us Even When We Can’t Confirm We’re Being Watched? Lessons From Behind the Iron Curtain

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:16pm

During the Cold War, as I argued last week, the totalitarian governments of the Soviet bloc functioned as a standing warning to Americans of the dangers of unchecked surveillance—lessons that we would do well to remember despite the fall of the Iron Curtain.

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.

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