Government Surveillance

ACLU at DEFCON 20!

By Ateqah Khaki at 5:04pm

The ACLU will be out in force at DEFCON – one of the largest annual hacker conventions in the country – later this week and weekend! 

We will have a table at the vendor area all weekend (with super awesome ACLU t-shirts for anyone who signs up to become a member!). In addition to trying our hardest not to end of up on the Wall of Sheep, here’s a rundown of what we’ll be up to in Las Vegas.

Civil Liberties in the Digital Age: Weekly Highlights (7/20/2012)

By Anna Salem, ACLU of Northern California at 2:57pm

In the digital age that we live in today, we are constantly exposing our personal information online. From using cell phones and GPS devices to online shopping and sending e-mail, the things we do and say online leave behind ever-growing trails of personal information. The ACLU believes that Americans shouldn’t have to choose between using new technology and keeping control of your private information. Each week, we feature some of the most interesting news related to technology and civil liberties that we’ve spotted from the previous week.

Spying on Occupy?

By Linda Lye, Staff Attorney, ACLU of Northern California at 10:43am

Originally posted by the ACLU of Northern California

Why is the FBI spying on Occupy protesters? The ACLU-NC is determined to find out.

The ACLU of Northern California and San Francisco Bay Guardian today filed a Freedom of Information Act lawsuit against the FBI to find out whether and to what extent the feds have been spying on members of the Occupy movement. Although the right to protest goes to the heart of our democracy, and the FBI exists to keep us safe, the FBI has a perverse history of interpreting its mission to mean that it can spy on political activists, including Martin Luther King, Jr.

Last fall, the grassroots protest movement Occupy Wall Street - or simply "Occupy" - swept the nation. Originating in New York, prominent Occupy movements sprung up all over Northern California. But the law enforcement response was swift and brutal, as police showered protesters with exploding projectiles, batons, and pepper spray. (The ACLU-NC is currently suing UC Davis over its pepper spraying of peaceful student protesters, and is also partnering with the National Lawyers Guild in suing the City of Oakland over the violent crackdown on Occupy Oakland.)

Mobile Phone Surveillance by the Numbers

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 10:56am

Wow.  Sometimes one word says it all.  The New York Times reports that in response to letters from Rep. Edward Markey (D-MA) and Rep. Joe Barton (R-TX), mobile phone providers disclosed that they received approximately 1.3 million law enforcement requests for customer records last year alone. What an extraordinary number: more than a million accounts subject to at least some level of law enforcement investigation just in 2011. As we have discussed elsewhere, beyond what is reported by carriers in these letters, there is absolutely no reporting or tracking regarding how these numbers are handled.  

Even more amazing, as you dig into the article and read the underlying letters it becomes clear that this is actually a vast undercount of the number of Americans who have been affected by this tracking.  Sprint disclosed that it received approximately 500,000 subpoenas in 2011 (a subpoena is a written request for information from law enforcement that isn’t reviewed by a judge) and that “each subpoena typically requested subscriber information on multiple subscribers.” In addition, several carriers disclosed that they sometimes provide all the information from a particular cell tower or particular area.   Metro PCS for example charges:

$50 for Cell Tower Dump per tower for a 2 hour period
$100 for an Area Dump (if you know the location but do not know the cell towers that affect the area) for a maximum of 2 cell towers for a 2 hour period per cell tower search

Everyone whose phone has been used by a particular cell tower over a particular time period—likely hundreds or thousands of people—could have their data examined by investigators.  And these dragnet data requests are on the rise.  Verizon estimates that over the last 5 years it has seen an average increase of 15% annually, and T-Mobile reported increases of approximately 12%-16%.  This has also led to at least some possible abuse; T-Mobile disclosed that in the last three years it has referred two inappropriate law enforcement requests to the FBI. 

Privacy, Computers, and Consequences (Computers vs. Humans Part 2)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:09pm

In a post yesterday I discussed the belief that as long as our behavior and communications are only scrutinized by a computer, our privacy has not been invaded. Many people have that sense because computers are so much dumber than human beings.

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.

Computers vs. Humans: What Constitutes A Privacy Invasion?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:37pm

The NSA is refusing to tell two U.S. Senators how many Americans the agency has eavesdropped upon. According to a letter obtained by Wired, the NSA claims that “dedicating sufficient additional resources” to gather that information “would likely impede the NSA’s mission.” (For all the billions that the NSA spends, they cannot spare the money to answer a key civil liberties oversight question posed by elected civilian officials? Shameful.)

New Senate Cyber Bill No Better Than Last Version

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:41pm

Yesterday, Republican Senators introduced a rewrite of their cybersecurity bill, known as SECURE IT. Advocates registered their opposition to the bill last month and its CISPA-like expansion of military authority to collect sensitive information on Americans’ internet use.  

Despite claims the contrary, the new bill has not been substantially amended and still does not meaningfully limit the amount or type of information that the government can collect from companies that hold very private and personal data. Most importantly,

More Federal License Scanners Reported

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:15pm

(Updated below)

LA Weekly has published an investigative report on the use of License Plate Scanners in Southern California. In addition to reporting that the rapid embrace of the technology by local law enforcement has led to “one of the most densely concentrated license plate recognition systems in the United States,” the article includes this signficant piece of news:

More Transparency Needed For Government's Use of National Security Powers For Data Requests From Companies

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 2:27pm

Google's transparency report reveals that the U.S. government asked Google for data on its users 6,321 times during the second half of 2011—a 75% increase from two years ago.

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