Government Secrecy

The Justice Department’s White Paper on Targeted Killing

By Jameel Jaffer, Deputy Legal Director, ACLU at 10:04pm

Michael Isikoff at NBC News has obtained a Justice Department white paper that purports to explain when it would be lawful for the government...

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.

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.

Government Wins Right to Pretend That Cables Released by WikiLeaks Are Still Secret

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 12:28pm

This morning a federal judge ruled that the government is free to continue pretending that the contents of State Department diplomatic cables already disclosed by WikiLeaks are secret. The case concerns an ACLU Freedom of Information Act request seeking 23 embassy cables that had been previously released by WikiLeaks, posted online, and widely discussed in the press. The government had responded by releasing redacted versions of 11 cables and withholding the other 12 in full.

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...

New Documents Reveal U.S. Marshals’ Drones Experiment, Underscoring Need for Government Transparency

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 8:12am

The use of surveillance drones is growing rapidly in the United States...

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.

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.

Is the Obama administration's drone war legal? Why should we be concerned?

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 12:23pm

This was originally posted on PrivacySOS.

Former Bush administration attorney John Bellinger, ACLU Center for Democracy Director Jameel Jaffer and WSJ Pentagon correspondent Julian Barnes appeared on NPR's On Point program to discuss the legality of the Obama administration's seemingly ever-expanding drone war.

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:

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