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The Government, Privacy, and Companies (The Ones We Pay and the Ones We Don’t)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:18pm

Privacy researcher Chris Soghoian gave a very nice talk at TEDx recently on “Why Google Won’t Protect You From Big Brother.” He provides a cogent overview and some useful perspective on the relationship between companies and the government, which is something we at the ACLU have been concerned about since our 2004 report on the Surveillance Industrial Complex, and before.

Civil Liberties in the Digital Age: Weekly Highlights (5/18/2012)

By Anna Salem, ACLU of Northern California at 3:03pm
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&r

Facebook: $100 Billion IPO. Almost 1 Billion Users. You Do the Math.

The big news in the business world this week is Facebook’s ongoing Initial Public Offering, where the company is selling shares to the public based on an estimated value of around one hundred billion dollars. [Or, as Dr. Evil would say: one hundred billion dollars.]

Civil Liberties in the Digital Age: Weekly Highlights (5/11/2012)

By Anna Salem, ACLU of Northern California at 2:52pm

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.

Government asks: when can we shut down wireless service? [ars technica]
"Here was a regional government agency blocking wireless access in response to a public protest. Groups like the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) filed complaints."

Password Protection Act of 2012: A Good Start Against Employer Snooping

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 6:06pm

Today Senator Richard Blumenthal (D-CT), Representative Martin Heinrich (D-NM) and a number of cosponsors filed the Password Protection Act of 2012 in the Senate and House to prevent employers from strong-arming employers and job applicants into sharing information from their personal social networking accounts. It’s an important idea and one that we’ve been pushing for more than a year, but the bill itself doesn’t go as far as we think it should.

This Week in Civil Liberties (5/4/2012)

By Rekha Arulanantham, ACLU at 4:41pm

What surveillance tool used by law enforcement could lead to nightmarish privacy infringement?

This week, the White House confirmed the existence of what program that has been kept secret by the CIA?

“Liking” on what social network is not protected by the First Amendment, according to a federal judge in Virginia?

Which state wants to replace one private prison contractor with another?

Which state is being sued by an ACLU affiliate for its discriminatory voter ID law?

Maryland Passes Nation's First Social Media Privacy Protection Bill

By Melissa Coretz Goemann, ACLU of Maryland at 4:30pm

Just this week, Maryland Governor Martin O’Malley signed into law the first bill in the nation prohibiting employers from requiring or requesting employees or job applicants to disclose their user names or passwords or any other means of accessing personal internet sites as a condition of employment.

It all started last year when Robert Collins came to the ACLU of Maryland still angry about the invasion of his privacy that he had to endure to get a job.   He had been forced to give his Facebook password to his past employer, the Maryland Department of Corrections, when he reapplied for his job after a leave of absence to deal with a the loss of a family member. While being interviewed, he was forced to turn over the password to his personal social media account and sat mortified as his interviewer logged onto his account and told him that he was looking through all his personal messages, wall postings, and family photos.   ACLU-MD took the case up and tried to resolve the issue with the Department but was not satisfied with the response. Fortunately for Maryland job seekers and employees, they will no longer have to make the difficult decision to choose between their privacy and a job. . 

I Like Ike

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 8:09am

“I Like Ike” is one of the most well-known and catchiest political slogans of all time. According to a decision that was issued by a federal judge in Virginia a few days ago, however, the modern-day equivalent—saying that you "like" a political candidate by using Facebook's "like" feature—is not even worthy of the protections of the First Amendment. That decision is wrong, whether you like or dislike Facebook. 

The court’s decision appears to be premised on its belief that pressing a button to say that you “like” something—in this case, a candidate running for election to be a city’s Sheriff— is not “substantive” enough to be protected by the First Amendment. In the court’s words: “[M]erely ‘liking’ a Facebook page is insufficient speech to merit constitutional protection . . . It is not the kind of substantive statement that has previously warranted constitutional protection. The Court will not attempt to infer the actual content of [the plaintiff’s] posts from one click of a button on [the candidate’s] Facebook page.”

The Potential Chilling Effects of Big Data

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:46am

Last week I posted about “Big Data” and how it is being used to discover new facts about people, to sift and sort them based on subtle patterns, to flag them as “risks” in this field or that, to predict their behavior, and to manipulate them for maximum profit.

Of course, humans are not sheep, and we don’t sit still when things like this happen to us. We perceive what is happening, and we change our behavior in response. We react. The effects of Big Data on privacy and society will be a game of three-dimensional chess, not checkers.

ACLU Guidance on Demands For Passwords To Protected Accounts

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:54pm

The Associated Press wrote a story a couple of weeks ago about job applicants being compelled to turn over the passwords to their social-networking accounts. This is an issue that the ACLU has worked on in a number of states, and it has stirred a lot of interest. Now, we’ve posted  a guide to the issue on our web site.

In the guide, we do the following:

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