By Sandra Fulton, ACLU Washington Legislative Office at 3:58pm
Last week the Senate Judiciary Committee overwhelmingly approved with bipartisan support a sweeping update to the Electronic Communications Privacy Act (ECPA). The bill would require law enforcement to obtain a warrant to access all electronic communications, including email, Facebook posts, photos and cell phone communications. It was a long-fought battle and a huge step forward in updating our privacy laws.
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.
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.)
By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:22pm
Last Thursday we moved half a step closer to legislation requiring police to get a warrant before viewing personal email or other private electronic communications, such as documents and photos stored in the cloud (with Google, Yahoo or any other provider). For more background on the amendment see here; for explanation of why it’s a half a step and what comes next please keep reading.
By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:14pm
Senate Judiciary Chairman Patrick Leahy (D-VT) announced late yesterday that he will bring legislation before the committee requiring law enforcement to use a probable-cause warrant to access all non-public internet communications such as email. This legislation is a key piece of efforts to reform the Electronic Communications Privacy Act (ECPA), first passed in 1986 and not substantially updated since.
By Chris Conley, Technology and Civil Liberties Fellow, ACLU of Northern California at 9:37pm
We know that the government takes advantage of outdated privacy law to demand our personal information from online services that collect and hold our data. But what we rarely know is exactly how often this happens: the government isn’t required to reveal how many demands for information they make or how many individuals are affected, and companies rarely volunteer this information. One of the very few exceptions is Google, whose Transparency Report shows that the government continues to increase its demands for data about users of online services.
By Caitlin O'Neill, Criminal Justice and Drug Policy Associate, ACLU of Northern California at 6:00pm
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 Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 5:01pm
This week, our federal online privacy law turns 25. The ACLU is hosting a blog series that will address some of the many reasons why the Electronic Communications Privacy Act of 1986 (ECPA) is in need of an upgrade! Spread the word using #UpdateECPA, and to learn more about your dotRights, visit www.aclu.org/ecpa .
By Nicole Ozer, Technology & Civil Liberties Policy Director, ACLU of Northern California at 2:49pm
Yesterday, Congress had the chance to walk down digital memory lane and see just how far technology has advanced since our federal electronic privacy law was last updated in 1986.