Government Secrecy

They’re Watching: FBI Business Records Requests Jump 900 Percent Compared to 2009

By Robyn Greene, ACLU Washington Legislative Office at 12:14pm

Last week served as yet another reminder of the threats posed to Americans' privacy by the post-Patriot Act surveillance state...

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:

What the Government Should Disclose About Its Targeted Killing Program

By Jameel Jaffer, Deputy Legal Director, ACLU at 11:36am

This post originally appeared on Politico.

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."

Obama's Drone Killing Program Slowly Emerges from the Secret State Shadows

By Chris Anders, Senior Legislative Counsel, ACLU Washington Legislative Office at 11:11am

Should we be happy or worried that the CIA may, someday soon, no longer be able to order a drone pilot to shoot a Hellfire...

U.N. Human Rights Expert to Investigate U.S. Targeted Killing Program

By Allison Frankel, ACLU Human Rights Program at 5:28pm

The U.S. government’s targeted killing policy and its use of drones for killing will be the subject of an investigation by the United Nations, it was announced today. The U.N. Special Rapporteur on counterterrorism and human rights, Ben Emmerson, announced today that he will carry out an inquiry into the civilian impact and human rights implications of targeted killing.

Demanding Answers for Three Deaths at Guantánamo

By Avinash Samarth, ACLU National Security Project at 5:00pm

On November 28, the ACLU filed a request under the Freedom of Information Act seeking the U.S. military’s autopsy reports of the three men who died most recently while detained at Guantánamo Bay. The men—Adnan Latif, Awal Gul, and Hajji Nassim (also known as “Inayatullah”)—had been held at the prison camp indefinitely and without charge. They died on September 8, 2012, February 2, 2012, and May 18, 2011, respectively. You can read our request here.

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.

In Court Today: Fighting Judicial Secrecy in the WikiLeaks Investigation

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 9:30am

(Updated below)

In another round of the legal battle over the records of Twitter users sought by the government in connection with its WikiLeaks investigation, the ACLU and the Electronic Frontier Foundation (EFF) are appearing before a federal appeals court in Richmond this morning, arguing that the public has a right to know about secret court orders and other documents related to government efforts to obtain Internet users’ private information without a warrant.

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.

Seeking the Truth About the CIA's Detainee Abuses

By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 10:55am

In April 2011, the ACLU filed a Freedom of Information Act request seeking a narrow yet critically important set of government documents: internal CIA reports detailing the use of unauthorized interrogation techniques at its secret overseas prisons, also known as “black sites” (you can read the request here). Investigative news coverage and earlier FOIA requests had alerted us to the potential existence of many such reports. Most notably, in August 2009 – in connection with a separate ACLU FOIA request – the government had released a partially-redacted version of one report, the Special Review: Counterterrorism Detention and Interrogation Activities (September 2001–October 2003).

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