Government Surveillance

New York Court Denies Twitter Motion to Quash Occupy Protester Subpoena

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:07pm

A New York criminal court judge has issued a decision denying Twitter’s motion to quash a court order requiring it to produce information about one of its users pursuant to a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.

DOJ Ducks Oversight On Location Tracking

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:17pm

How is the Department of Justice using location tracking? If you were looking for an answer to this simple question, this was not the week. Instead, as Congress attempts to oversee this crucial privacy question, it is getting double talk and stonewalling.

Let’s start with the legal standard the Department is using. Earlier this week Senator Al Franken (D-MN) asked Attorney General Holder to clarify the Department’s position on location tracking. Specifically, he asked why, even though experts agree that the recent Supreme Court case US v. Jones stands for the proposition that law enforcement needs a warrant to place a GPS tracking device on a car, DOJ is arguing in another case for a lower, non-probable cause standard. (In an amicus, the ACLU argued that the Fourth Amendment requires that police obtain a warrant to engage in GPS monitoring.) The Attorney General replied that he wasn’t familiar with the case but agreed with Senator Franken that in interpreting Jones they were “likely to be dealing with a situation where we need a warrant.” This frustrating answer seems aimed at reassuring Congress that Americans’ constitutional rights are being protected while DOJ is arguing precisely the opposite in court.

Members of Congress Urge Investigation of FBI Muslim Surveillance

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 11:37am

Yesterday 22 Members of Congress sent a letter to the Inspector General of the Department of Justice urging him to launch an investigation into the Federal Bureau of Investigation's improper recording and dissemination of information about the First Amendment-protected activities of American Muslims. Several of the members who joined the letter-including Representatives Pete Stark (D-CA-13), Anna Eshoo (D-CA-14), Sam Farr (D- CA-17), Mike Honda (D- CA-15), Zoe Lofgren (D-CA-16), and Barbara Lee (D-CA-09) -represent districts in Northern California in which FBI memoranda document the use of community outreach for intelligence purposes.

In House Hearing, ACLU Tells Congress to Fix FISA

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:21am

Yesterday, the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security held a hearing on the government’s warrantless wiretapping program (watch here). The law authorizing the program, the FISA Amendments Act of 2008, expires at the end of this year.

AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records

By Patrick C. Toomey, Fellow, ACLU National Security Project at 11:36am

Last week we learned that the Department of Justice, in an unprecedented intrusion on the work of journalists, had obtained records for twenty telephone numbers belonging to the Associated Press or its reporters, spanning April and May 2012. The telephone records obtained do not include the content of phone calls, but they likely reveal the phone number of each and every caller on those lines for a period of weeks and, therefore, the identity of scores of confidential media sources.

The seizure of these records came to light only because the government has a special set of guidelines that require it to notify any media organization of a subpoena for its records within (at most) 90 days. The AP appears to have learned of the seizure of its phone records, albeit after the fact, only because of this special policy.

The notice given to the AP has generated a healthy debate over the limits on the government’s authority to acquire our telephone and internet records. But what if you aren’t a media organization and, therefore, do not benefit from the special government policy entitling you to notice when the government obtains your telephone or internet records? What information can the government get about you, and is it even required to tell you when it does so?

Experts Discuss Surveillance Society at Domestic Drones Hearing

By Sandra Fulton, ACLU Washington Legislative Office at 5:14pm

An important Congressional subcommittee held a hearing today on domestic drone use. Members and witnesses didn't just rehash familiar concerns; they dug deeper to explore how advanced surveillance technology has become, and the real dangers of the surveillance society that it creates.

The hearing, held by the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations began with testimony from the ACLU and three representatives from the academic community. (You can read the ACLU's complete testimony here.) While they had different ideas of what government regulation of domestic drone use should look like, the witnesses all stressed the increasing sophistication of drones, which will lead to levels of surveillance previously unseen. The testimony drove home the fact that drones are getting smaller, cheaper, and their use is about to blow up.

What the Government Says When It Says Nothing

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 1:36pm

On May 8, the ACLU released a slew of government documents obtained from the FBI, U.S. Attorneys' offices around the country, and the Justice Department's Criminal Division concerning the government's access to the contents of private electronic communications. The media has seized upon one of those documents, an undated memo titled, "Guidance for the Minimization of Text Messages over Dual-Function Cellular Telephones." This memo may show that the Criminal Division is doing nothing at all to avoid reading our text messages; it may show great procedures in place to safeguard the privacy our text messages; or, likely, it may have nothing to do with either of those predictions. The public does not know because the Justice Department put a large black box over every word following the header of the 15-page memo.

Federal Judge: Only Powered-Off Cell Phones Deserve Privacy Protections

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:27am

A federal magistrate judge in New York recently ruled that cell phone location data deserves no protection under the Fourth Amendment and that accordingly, the government can engage in real-time location surveillance without a search warrant. In an opinion straight from the Twilight Zone, magistrate judge Gary Brown ruled two weeks ago that “cell phone users who fail to turn off their cell phones do not exhibit an expectation of privacy.”

The case in question involved a physician who the DEA believed had issued thousands of prescriptions for pain killers in exchange for cash. In March of this year, the DEA had obtained a warrant for his arrest, and,

The Asymmetry Between Past and Future, and Why it Means Mass Surveillance Won’t Work

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:39am

Former Senator Joseph Lieberman recently charged that mistakes by U.S. security agencies were responsible for failing to stop the Boston Marathon bombing. I recently wrote about how mass surveillance makes this kind of recrimination inevitable, because once a government agency spies on a person, they become in a sense responsible for any actions that that person takes. To paraphrase Colin Powell, we might sum it up as “You surveil him, you own him.”

I recently came across a good analogy for why it’s deceptively hard for security agencies to detect and stop out-of-nowhere terrorist attacks like the Boston bombing—and why mass surveillance isn’t likely to help. It comes from the book The Drunkard’s Walk: How Randomness Rules Our Lives, by the physicist and writer Leonard Mlodinow, in a discussion of Brownian motion.

Brownian motion, you may recall, is the random jiggling of molecules in a liquid or other substance. A dye molecule floating in a seemingly still glass of water will randomly move about, covering about an inch in three hours, buffeted by random collisions with the smaller water molecules that surround it.

What would it take to actually explain the motion of that molecule? This is where the parallel to anti-terrorism efforts comes in. Mlodinow points out, “In any complex string of events in which each event unfolds with some element of

VIDEO: Is Law Enforcement Reading Your Email Without a Warrant?

By Noa Yachot, Communications Strategist, ACLU at 2:38pm

The FBI doesn't think it needs a warrant to read emails and other electronic communications – despite the fact that a federal court has ruled that doing so violates the Fourth Amendment. Ben Wizner appeared today on Democracy Now! to discuss this and other ACLU revelations regarding government surveillances practices.

The ACLU this week released documents that paint a disturbing picture of the authority the government claims to access a wide range of our communications – from emails to Facebook messages and much more. These latest developments reinforce what has long been clear: it is well past time to modernize ECPA, the egregiously outdated law that governs our electronic privacy but hasn't been updated since 1986, before the World Wide Web was even invented. As Wizner said:

Statistics image