By Sandra Fulton, ACLU Washington Legislative Office at 3:22pm
As we have seen in the failed attempts of SOPA/PIPA, and the floundering Anti-Counterfeiting Trade Agreement, intellectual property (“IP”) laws are often poorly constructed, hastily proposed and ultimately both ineffective and potentially abusive.
By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 4:06pm
As The Wall Street Journal reported last week, a new program run by the National Counterterrorism Center (NCTC) is collecting and analyzing all manner of government data on American citizens, even those not suspected of any crime. This sweeping surveillance program was enacted in secret, with no input from either the people or our representatives in Congress, and records that the ACLU has obtained through a Freedom of Information Act request make it clear that the program was controversial even among those who knew about it.
By Patrick C. Toomey, Fellow, ACLU National Security Project at 11:36am
Last week we learned that the Department of Justice, in an unprecedented intrusion on the work of journalists, had obtained records for twenty telephone numbers belonging to the Associated Press or its reporters, spanning April and May 2012. The telephone records obtained do not include the content of phone calls, but they likely reveal the phone number of each and every caller on those lines for a period of weeks and, therefore, the identity of scores of confidential media sources.
The seizure of these records came to light only because the government has a special set of guidelines that require it to notify any media organization of a subpoena for its records within (at most) 90 days. The AP appears to have learned of the seizure of its phone records, albeit after the fact, only because of this special policy.
The notice given to the AP has generated a healthy debate over the limits on the government’s authority to acquire our telephone and internet records. But what if you aren’t a media organization and, therefore, do not benefit from the special government policy entitling you to notice when the government obtains your telephone or internet records? What information can the government get about you, and is it even required to tell you when it does so?
By Bennett Stein, ACLU Speech, Privacy and Technology Project at 1:36pm
On May 8, the ACLU released a slew of government documents obtained from the FBI, U.S. Attorneys' offices around the country, and the Justice Department's Criminal Division concerning the government's access to the contents of private electronic communications. The mediahasseizedupon one of those documents, an undated memo titled, "Guidance for the Minimization of Text Messages over Dual-Function Cellular Telephones." This memo may show that the Criminal Division is doing nothing at all to avoid reading our text messages; it may show great procedures in place to safeguard the privacy our text messages; or, likely, it may have nothing to do with either of those predictions. The public does not know because the Justice Department put a large black box over every word following the header of the 15-page memo.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:31pm
Update: The administration has asked Sen. Schumer to reintroduce the Free Flow of Information Act, Rep. John Conyers (D-Mich.) just announced that he will do so in the House, and Rep. Ted Poe (R-Texas) introduced a similar bill today. The administration should certainly be commended for taking proactive steps to prevent this from happening again. That said, the administration can’t get in the way this time. The demand in 2009 for a broad exception for national security leaks cases delayed the bill, and tempered enthusiasm among Democrats for the bill in the face of strong opposition by certain Republicans. The 2013 bill must protect against what happened here with the AP, and it’s not clear that the 2009 White House compromise would have done so.
The U.S. Court of Appeals for the D.C. Circuit recently ruled that the Central Intelligence Agency may no longer refuse to acknowledge something that everyone knows to be true: the agency has "an interest" in the use of drones to carry out targeted killings. The CIA is unaccustomed to courts rejecting its secrecy claims, but in asking the courts to pretend that the agency might have no connection whatsoever to the targeted killing program, the agency dramatically overreached. Unsurprisingly, the appeals court was unwilling to give its "imprimatur to a fiction of deniability that no reasonable person would regard as plausible."
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.)
