Government Surveillance

Data Mining License Plate Records

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

On Friday I posted about an ongoing effort by the DEA to put automatic license plate reading (ALPR) devices on public interstates, where they will sweep up records of Americans’ travel and store it for two years. The agency is now pushing to deploy them in Utah and has already done so in states along the southern U.S. border.

The Government, Privacy, and Companies (The Ones We Pay and the Ones We Don’t)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:18pm

Privacy researcher Chris Soghoian gave a very nice talk at TEDx recently on “Why Google Won’t Protect You From Big Brother.” He provides a cogent overview and some useful perspective on the relationship between companies and the government, which is something we at the ACLU have been concerned about since our 2004 report on the Surveillance Industrial Complex, and before.

Supreme Court Will Hear ACLU Case Challenging Warrantless Wiretapping Law

By Josh Bell, Media Strategist, ACLU at 10:16am

The Supreme Court has just agreed to consider whether plaintiffs represented by the ACLU have the right to challenge the constitutionality of a controversial law that authorizes the National Security Agency to conduct dragnet surveillance of Americans’ international emails and phone calls.

At issue is an appeals court ruling that allowed the ACLU’s challenge to the law – called the FISA Amendments Act of 2008 – to move forward. Responding to today’s news, ACLU Deputy Legal Director Jameel Jaffer said:

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.

Next Round in Cybersecurity Battle: The Senate

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 3:36pm

Two weeks ago, the House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA). But thanks to internet activism and advocacy by organizations like the ACLU and the Electronic Frontier Foundation, 168 Congressmen voted “no,” including 28 Republicans, the House Democratic leadership, and a chunk of members who sit on the Intelligence and Homeland Security Committees.

National Security Letters: A Note On Numbers

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 7:53pm

A new article in Wired covers the evolution of the gag orders that come with national security letters (NSLs), secret FBI demands for your communication, internet, financial and credit records in terrorism investigations. As we wrote on Wednesday, the FBI is now notifying NSL recipients of their right to judicial review as a result of years of ACLU client litigation. 

DOJ Cell Phone Tracking: Excellent questions, Senator

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:51pm

Sen. Al Franken (D- MN) is trying to get some answers to straightforward questions about cell-phone location tracking. Today, using our recent nationwide FOIA as a jumping off point, he sent a letter to the Department of Justice asking them to provide basic information about a practice that, in the words of Justice Sonia Sotomayor, “generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”

A Glimpse at the World of Digital Forensics

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:33pm

A gathering of cyber-crime specialists in Massachusetts last week provided a glimpse into the tactics used by prosecutors and police to access digital data. Kade Crockford of the ACLU of Massachusetts has done a nice writeup of the conference. As she points out, the event was closed to the press and the public, but the schedule of events was posted online, and included sessions with titles such as:

BREAKING NEWS: Twitter Stands Up For One Of Its Users

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:59pm

Twitter has filed a motion in state court in New York seeking to quash a court order requiring it to turn over information about one of its users and his communications on Twitter. This particular case involves a Twitter user, Malcolm Harris, who is being prosecuted by the District Attorney’s Office in Manhattan for disorderly conduct in connection with the Occupy Wall Street protest that occurred on the Brooklyn Bridge last year. 

Big Data: Revolution or Overhyped Fad?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 8:43am

In a prior post I alluded to the fact that the buzzword “Big Data” is just a new term for “data mining.” The potential for big data analytics to discover new things about us is frightening from a privacy perspective, as I discussed. But, it can also be—let’s be honest—very cool.

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