Government Surveillance

Monitoring Internet Usage Patterns Has Privacy Implications Too

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 4:34pm

The New York Times Sunday Review included a striking op ed suggesting that universities could one day deploy software to analyze students’ internet usage for the purpose of assessing their mental health. The writers, Sriram Chellappan and Raghavendra Kotikalapudi, support their argument by explaining that they conducted a study on university students that demonstrated a correlation between depression and certain patterns of internet usage (for example, “very high e-mail usage”). The study involved screening 216 students at Missouri University of Science and Technology for depression and then having “the university’s information technology department provide us with campus Internet usage data for our participants . . . . This didn’t mean snooping on what the students were looking at or whom they were e-mailing; it merely meant monitoring how they were using the Internet” (so, for example, if they were surfing the web, checking email, using p2p programs, etc.).

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.

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.”

Librarians for Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:54pm

The American Library Association has created an excellent public education resource on the privacy issues facing our society – a web site called privacyrevolution.org.

The ALA has long been a staunch defender of privacy and free speech, and a frequent ally of the ACLU on those issues. In fact, libraries have been the scene of many free speech battles in recent years. If you think about it, librarians are our natural allies since libraries exemplify the democratic ideal of citizens’ access to information, while protecting those citizens’ right to keep their inquiries and interests private. As the site explains:

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.

ACLU Asks Appeals Court to Require a Warrant for GPS Tracking

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 1:33pm

Yesterday we asked the Third Circuit Court of Appeals to consider our argument that law enforcement agents should have to obtain a warrant based on probable cause to attach a GPS tracker to a car and track its movements (you can read our amicus brief here).

In the case, the government suspected that Harry, Mark and Michael Katzin had robbed a number of Rite-Aid pharmacies. To confirm their hunch they attached a GPS tracker—without first going to a judge and getting a warrant—to Harry Katzin’s car. They used the GPS tracker to follow the Katzins when they traveled to another Rite-Aid, and arrested them shortly afterwards.

In Court Today: Fighting Judicial Secrecy in the WikiLeaks Investigation

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 9:30am

(Updated below)

In another round of the legal battle over the records of Twitter users sought by the government in connection with its WikiLeaks investigation, the ACLU and the Electronic Frontier Foundation (EFF) are appearing before a federal appeals court in Richmond this morning, arguing that the public has a right to know about secret court orders and other documents related to government efforts to obtain Internet users’ private information without a warrant.

Next Monday at the Supreme Court: Trying to Stop the NSA’s Unconstitutional Overreach

By Josh Bell, Media Strategist, ACLU at 3:38pm

The next time you send an email or make a phone call to a friend outside the country, consider this: the National Security Agency could be making a copy of your communication and storing it.

Warrant for Email? An Update

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:22pm

Last Thursday we moved half a step closer to legislation requiring police to get a warrant before viewing personal email or other private electronic communications, such as documents and photos stored in the cloud (with Google, Yahoo or any other provider).  For more background on the amendment see here; for explanation of why it’s a half a step and what comes next please keep reading.

Warrantless Wiretapping at the Supreme Court

By Ateqah Khaki at 7:07pm

Today, we filed our brief with the Supreme Court in our lawsuit challenging the FISA Amendments Act, the 2008 law that ratified and expanded the National Security Agency’s warrantless wiretapping program.  (You can read our brief here.)

The Foreign Intelligence Surveillance Act – FISA – is a post-Watergate statute that was meant to rein in and regulate domestic surveillance undertaken in the name of national security. In 2008, Congress amended the statute, giving the National Security Agency unprecedented power to conduct dragnet surveillance of Americans’ international communications. The ACLU immediately challenged the law, but the government has tried to keep our case out of court.

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