Government Secrecy

The Limits of Oversight and the PCLOB

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 10:32am

(Update below)

Today, the nominees to the Privacy and Civil Liberties Board (PCLOB) were voted from the Senate Judiciary Committee for full consideration in the Senate. It looks like the Senate is finally going to act to nominate five people to fill this vital oversight board. While this is an important step, it’s also something of a good government scandal and certainly a cautionary tale about the limits of oversight.

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.

Hotel Lock Security Vulnerability is Reminder of Government’s Ambiguous Role in Protecting Security

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:36am

This summer, at the Black Hat security conference, a security researcher presented details of a troubling security flaw: An electronic lock system, used in more than 4 million hotel rooms around the world, is vulnerable. The researcher, Cody Brocious, revealed that with less than $50 in electronic parts, a device can be built that will open one of the vulnerable locks in seconds. Just a few months after Brocious revealed the flaw, hotels in Texas reported a string of thefts by burglars from rooms, all protected by vulnerable locks.

Guantánamo Dispatch: Arguing for the First Amendment

By Zach Levine, ACLU National Security Project at 5:18pm

With the world watching, a pre-trial hearing got underway this week in the Guantánamo military commission prosecution of the five alleged 9/11 co-conspirators. Prime among the issues before the military judge was how transparent the commissions will be. The ACLU’s Hina Shamsi argued our motion in support of the public’s constitutional right of access to the proceedings – and against the government’s unconstitutional effort to prevent the public from hearing defendants’ testimony of their torture and abuse in U.S. custody.

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.

National Security Letters: A Little Less Secret?

By Alex Abdo, Staff Attorney, ACLU National Security Project & Hannah Mercuris at 4:37pm

The government’s surveillance of Americans in the name of national security remains overwhelmingly secret. Some of the secrecy is legitimate, but much of it is not.   The ACLU has been chipping away at secrecy and “gag order” provisions that interfere with the ability of the public and the courts to monitor the government’s surveillance activities. Recently released documents suggest that we’ve made some progress. 

The Government’s Overreach on Bradley Manning

By Ben Wizner, Director, ACLU Speech, Privacy & Technology Project at 10:04am
Today a military judge overseeing the court martial of Pfc. Bradley Manning will rule on the motion to dismiss the charge of "Aiding the Enemy."

President Obama, Don’t Let the CIA Control the Torture Narrative

By Matthew Harwood, Media Relations Associate, ACLU at 5:41pm

When former White House counterterrorism advisor John Brennan went before the Senate in early February for his confirmation hearing to lead the CIA, he made a startling admission. After reading the 300-page summary of the Senate Select Committee on Intelligence's (SSCI) mammoth 6,000-page report on the CIA's post-9/11 detention and interrogation program, Brennan's belief in the life-saving value of the torture program was shaken.

Seeking the Truth About U.S. Targeted Killing Strike That Killed Dozens of Women and Children in Yemen

The attack purportedly targeted "militants," but those killed included at least 21 children and 14 women.

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