By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:28pm
The Washington Post has an excellent, in-depth article today on the growing use of driver’s license photo databases combined with face recognition analytics by police.
There are two ways to think about this. First, it is yet another long stride toward a surveillance society:
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 Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 10:31am
New documents from the FBI and U.S. Attorneys’ offices paint a troubling picture of the government’s email surveillance practices. Not only does the FBI claim it can read emails and other electronic communications without a warrant—even after a federal appeals court ruled that doing so violates the Fourth Amendment—but the documents strongly suggest that different U.S. Attorneys’ offices around the country are applying conflicting standards to access communications content (you can see the documents here).
Last month, in response to a Freedom of Information Act request, the ACLU received IRS documents indicating that the agency’s criminal investigative arm doesn’t always get a warrant to read Americans’ emails. Today we are releasing these additional documents from other federal law enforcement agencies, reinforcing the urgent need for Congress to protect our privacy by updating the laws that cover electronic communications.
The FBI and Electronic Communications: Where’s the Warrant?
The documents we received from the FBI don’t flat out tell us whether FBI agents always get warrants, but they strongly suggest that they don’t.
In 2010, the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages to law enforcement. But that decision only applies in the four states covered by the Sixth Circuit, so we filed our FOIA request to find out whether the FBI
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 11:12am
Two key memos outlining the Justice Department’s views about when Americans can be surreptitiously tracked with GPS technology are being kept secret by the department despite a Freedom of Information Act lawsuit filed by the ACLU to force their release. The FBI’s general counsel discussed the existence of the two memos publicly last year, yet the Justice Department is refusing to release them without huge redactions. (You can see the heavily censored versions sent to the ACLU here and here, and our original FOIA request here.)
By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief at 4:23pm
It's no secret that, after 9/11, a wave of anti-Muslim bigotry washed over the country. The intensity of that prejudice has sustained it for a decade, and, in many ways, anti-Muslim sentiment and fear of Islam seem even stronger and more deeply rooted today than in the months and years after the attack. In the last few years, for instance, a number Muslims or people perceived to be Muslims have been violently assaulted; and scores of mosques and Islamic Centers have been vandalized, with attacks ranging from racist and anti-Muslim graffiti to arson and firebombing.
By Linda Lye, Staff Attorney, ACLU of Northern California at 10:23am
Just shy of the one-year anniversary of the inaugural Occupy Wall Street protests, the ACLU of Northern California obtained initial documents from the FBI about surveillance of Occupy demonstrations in the region (see the FBI’s response here).
The documents came after an ACLU-NC lawsuit filed after the FBI refused to release any documents in a Freedom of Information Act request. The documents are significant for two reasons:
By Mike German, ACLU, Washington Legislative Office at 3:33pm
In December 2011, the ACLU released FBI documents obtained through the Freedom of Information Act, which showed that San Francisco FBI agents were exploiting community outreach programs for intelligence-gathering purposes. Now it appears FBI agents in Minneapolis have adopted this ruse, and may be using it in even more sinister ways.
