Government Surveillance

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:

New York Court Decision Highlights Yet Another Shortcoming In Nation’s Outdated Electronic Privacy Laws

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 1:02pm

A recent cell phone tracking case from New York is both a win and loss for privacy. In People v. Moorer, police officers submitted an emergency or “exigent circumstances” request to a phone company asking it to ping (locate) a cell phone—but the court concluded that the circumstances were not exigent at all. The Stored Communications Act (18 USC 2702) permits the voluntary disclosure (without any kind of court order) of customer records to the government, but only if “the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.”

Florida Poised to Become First State to Regulate Surveillance Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:23pm

State legislatures around the country are gearing up to take action on domestic surveillance drones. Maine has a bill introduced, as do Missouri, Nebraska, North Dakota, Oklahoma, Oregon, and Texas. In Virginia a hearing has already been held on a bill, while Montana has three bills, and hearings have already been held there as well.

The Kids Are Alright, but What About the Rest of Us?

By Sandra Fulton, ACLU Washington Legislative Office at 3:39pm

Yesterday the Federal Trade Commission (FTC) took an important step towards protecting children’s privacy online when it formally published new rules interpreting the Children’s Online Privacy Protection Act (COPPA). The FTC updated existing definitions to recognize that “personal information” can include elements like Internet Protocol (IP) information and location information. These changes will help ensure that the personal information of kids isn’t collected without parental permission. Perhaps more significantly, it establishes an important precedent for how information on all of us should be treated going forward.

Is Privacy a Modern Phenomenon?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:02pm

I recently came across this piece by the author William Deresiewicz (from his consistently insightful “All Points” blog), in which he comments on the observation that privacy and solitude are privileges of the modern era that are “rare both historically and globally,” with most people in the world today and in the past being “too poor to even have the space to be alone.” Members of the medieval household, for example,

US Surveillance Law May Poorly Protect New Text Message Services

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:44am

Internet-based text message apps are one of the most common means of communicating today. But when it comes to this relatively new technology, surveillance law is behind the times in important ways, and as is so often the case when the law lags technology, our privacy suffers as a result.

Text messages have for some time been a cash cow for the wireless carriers—back in 2007, annual global SMS revenue was estimated to be 60 billion dollars. Charging consumers 25 cents per 140 character text message is a great way to make money, but when those same consumers are already paying for internet connectivity to their smartphones, the market was ripe for disruption. In recent years, a number of internet companies have entered the text message market. In some cases, they have offered low-cost or free SMS services that interoperate with the carriers’ existing SMS system. In other cases, large companies like Facebook, Apple and WhatsApp have offered closed text message services to their smartphone using customers. Often seeking to reduce their monthly telephone bills, millions of consumers have migrated from smartphone text message services provided by the wireless carriers to smartphone text message services provided by internet companies.

Twitter Subpoenas Chill Free Speech; Latest Example is in San Francisco

By Linda Lye, Staff Attorney, ACLU of Northern California at 4:52pm

In a disturbing trend that can have a chilling effect on free speech, law enforcement agencies around the country are seeking wide-ranging information about the social networking activity of political activists. The San Francisco District Attorney recently issued subpoenas to Twitter for tweets by two political protesters, Lauren Smith and Robert Donohoe, who had been charged with rioting and unlawful assembly during a Columbus Day demonstration last year. They had been active on Twitter but disabled their accounts after the protest.

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.

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