Government Secrecy

What We Know About License Plate Tracking, What We Don't, And Our Plan to Find Out More

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 12:31pm

Today the ACLU is launching a nationwide effort to find out more about automatic license plate readers (ALPR). By snapping photographs of each license plate they encounter—up to three thousand per minute—and retaining records of who was where when, license plate readers are fundamentally threatening our freedom on the open road.

TSA Once Again Considering Using Commercial Data To Profile Passengers

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:09am

The TSA has issued a “Market Research Announcement” in which the agency expresses a desire to expand its Pre-Check whitelist program by allowing private companies to carry out risk analysis of Americans that would determine whether they are “trusted” enough to participate in the trusted traveler program. This would be a major step toward turning the agency’s Pre-Check whitelist into the insidious kind of passenger profiling system that was proposed under the Bush Administration in the wake of 9/11, and a confirmation of our longstanding warnings that the logic of the risk-assessment approach to security will drive the government toward the use of more and more data on individuals. It would be the most significant of the new initiatives the TSA is looking at this year.

ACLU Sues Government to Find Out Secret Interpretation of Patriot Act

By Anna Estevao, National Security Project at 12:44pm

We believe the public has a right to know how the government is interpreting a law that is carried out in secret and applies to all Americans.

What the Government Says When It Says Nothing

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 media has seized upon 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.

Sens. Wyden and Udall Weigh in on ACLU Patriot Act FOIA Case

By Jameel Jaffer, Deputy Legal Director, ACLU at 6:09pm

"Contrary to core principles of American democracy." That's how two U.S. senators describe the Justice Department's refusal to release a secret legal interpretation of the Patriot Act.

Last year, we filed a request under the Freedom of Information Act for records about the government's use and interpretation of one of the Patriot Act's most controversial provisions: Section 215. Some members of the Senate Intelligence Committee had suggested that the provision was being abused. "When the American people find out how their government has secretly interpreted the Patriot Act," Colorado Sen. Mark Udall said, "they will be stunned and they will be angry."

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

New Results From Our Nationwide Cell Phone Tracking Records Requests

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 2:04pm

It’s been over a year since 35 ACLU affiliates filed over 380 public records requests with state and local law enforcement agencies seeking information about their policies, procedures, and practices for tracking cell phones. And 13 months later (and in the wake of this front page article in the New York Times), we’re still handling responses. We’ve posted the latest batch of documents received on our interactive webmap; here are highlights:

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.

Vast New Spying Program Was Started in Secret on a Bogus Pretext

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 11:25am

The Wall Street Journal today published (alternate link) an in-depth review of a new, relatively unknown program run by the National Counterterrorism Center (NCTC). Although we have been warning about the dangers of the program for months, and I testified before Congress about the issue in July, the Journal’s story conveys how controversial the program was even inside the government. It also describes the broad scope of new authority the government is granting itself.

Does the Government Think It Can Read Our Mail Without a Warrant Just Because It’s Electronic?

By Sarah Roberts, Speech, Privacy and Technology Project at 4:39pm

Today the ACLU filed a lawsuit under the Freedom of Information Act to force the government to disclose information about the circumstances in which it accesses the contents of Americans’ private electronic communications without obtaining a warrant based upon probable cause. Such communications can include email, text messaging, and private conversations on social networks. While there is reason to believe this practice is widespread, there is much we don’t know about this government eavesdropping: when it happens, how often it’s done, who they’re watching, how long they monitor these communications, and what policies they have established regarding this monitoring. Through the lawsuit filed today, we hope to find out much more.

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