By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 4:07pm
With tax day behind us, taxpayers may soon have something else to celebrate from the IRS. In testimony before the Senate Finance Committee today, IRS Acting Commissioner Steven Miller was questioned aggressively about documents released by the ACLU last week that indicate that the IRS does not think it needs a warrant to read all emails and other electronic communications during criminal investigations. Under pressure from senators, Miller agreed to update IRS policy documents within 30 days to state that a warrant is required for access to all emails, regardless of their age.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:25pm
How domestic drones will affect our privacy depends on how the technology is used and deployed. And that depends on a lot of factors. Technologies never exist in isolation—their impact on society is always the result of interactions between the technology's potential, existing institutions and interests, and the law, architecture, and culture around them. We should put good privacy protections in place no matter what, but as drone technology unfolds, here are some of the factors that could influence the size and scope of their deployment within the United States:
By Matthew Harwood, Media Relations Associate, ACLU at 10:00am
Yes, law enforcement drones are coming, but if Rep. Ted Poe, R-Texas, has his way they won’t leave the ground without a judge okaying it first.
Yesterday, Poe introduced the Preserving American Privacy Act to ensure government, particularly law enforcement, use of drones will not violate the Constitution. Before police can launch a drone to search a non-public area, they will have to get a warrant based upon probable cause--the constitutional standard. For public spaces the standard will be reasonable suspicion of criminal activity as well as a reasonable probability that the drone will capture evidence of that criminal activity. Once the order is executed, the police will have 10 days to serve a copy of the warrant to the suspects under surveillance, although the bill allows judges to delay notification if it will jeopardize an ongoing criminal or national security investigation. If government entities violate the public trust and fly drones outside the law, the attorney general can order the Secretary of Transportation to revoke their license.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:06am
There has been a lot of attention recently to the issue of audio recording being added to surveillance cameras on public buses. This issue first came onto our radar in 2009, but resurfaced again in Maryland in October (see this October Baltimore Sun article). In December the Washington Post and The Daily reported that the practice is spreading widely across the United States.
By Kara Dansky, Senior Counsel, ACLU Center for Justice at 2:35pm
Last week, the Senate Homeland Security Committee’s Subcommittee on Investigations issued a report criticizing the Department of Homeland Security for its failure to ensure proper oversight over state and local “fusion centers.” Shortly thereafter, the committee issued a statement denouncing the report and lauding fusion centers as playing a “significant role in many recent terrorism cases.”
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:05am
Sometimes the constant news on the surveillance front makes me wonder: would it be easier to fight new surveillance programs if the Soviet Union were still around?
On the one hand the Cold War was a bonanza for the military and for our three-letter security agencies, which were invested with a mission of world-historical importance at a time when the nation was truly facing an existential threat (nuclear war). These agencies saw their budgets and powers expand dramatically in ways that were unprecedented in a country that had always held a deep suspicion of government power in general and “standing armies” in particular. With the fall of the Berlin Wall, these institutions faced an existential crisis of their own.
By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 4:32pm
The official verdict is finally in, thanks to a congressional report out today: state and local law enforcement intelligence “fusion centers” funded by the Department of Homeland Security are failing to safeguard both our constitutional rights and our security.
Back in 2007, when the ACLU began investigating the growth of these centers, there was little public information available about where these centers were, who was in charge of them, who participated, what information they collected or what they did with it. Our first report highlighted “excessive secrecy” as one of the major problems with fusion centers, recognizing that a lack of public accountability has too often in the past allowed police intelligence operations to turn their focus away from suspected criminals and toward political activists, racial and religious minorities, and immigrant communities. In a 2008 follow-up report, we chronicled many of the early signs of trouble in these institutions.
By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 5:28pm
This morning, faced with the threat of criminal and civil contempt, Twitter turned over information about Occupy Wall Street protester Malcolm Harris to a New York criminal court judge. This development follows Twitter’s months-long effort to challenge the Manhattan District Attorney Office’s subpoena for Harris’s information, which was issued as part of the D.A.’s disorderly conduct prosecution of Harris stemming from his participation at an Occupy event last fall.
