Government Surveillance

Call Logs? Try Kilowatts: Reports Reveal Demands for California Energy Data

By Matthew Cagle, ACLU-NC at 4:34pm

Amid recent revelations that the NSA has been secretly spying on phone records and the Internet activity of people in the United States, transparency reports filed by the California utilities companies and obtained by the ACLU of California show that a significant amount of data about the energy use of Californians could be ending up in the hands of the government too. In 2012, a single California utility company, San Diego Gas & Electric, disclosed the smart meter energy records of over 4,000 of its customers pursuant to legal demands – and it’s unclear whether this information was turned over in a private lawsuit, to local law enforcement, or even to the federal government.

A Brilliant Young Man Who Left Plum Job in Opposition to General Warrants (in 1760)

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 4:14pm

A new poll conducted by the University of New Hampshire for the Boston Globe reveals that 40 percent of Massachusetts residents oppose “the government obtaining phone and electronic records of US citizens,” while only 25 percent support it. These numbers make clear that Commonwealth residents still hold dear the very principles of American justice that were born under our feet.

After all, our state has long been a cradle of liberty, and the Fourth Amendment was practically born in Boston.

Do you know about James Otis, his struggle against the British Empire, and the making of the Fourth Amendment? A brilliant, young attorney, Otis became practically obsessed with what he viewed as a profound injustice visited upon the American colonists by their British rulers: the writs of assistance.

Writs of assistance were essentially general warrants. They allowed British soldiers to raid and search homes based on no suspicion whatsoever of criminal activity. Any soldier could violate the sanctity of anyone’s person or home. The British foot soldiers didn’t have to have any reason whatsoever for these searches. The writs of assistance were extreme violations of the basic privacy and property rights of Americans, and the American revolutionaries loathed them – no one more eloquently or passionately than Otis.

An extremely talented and ambitious man, Otis was Advocate-General of the colony of Massachusetts at only 31 years old, the equivalent of today’s attorney general. His ambition did not surpass his commitment to justice, however: Otis resigned in disgust when

My Life Under NYPD Surveillance: A Brooklyn Student and Charity Leader on Fear and Mistrust

By Asad Dandia, Activist at 10:18am

My name is Asad Dandia although friends know me as Ace. I am an American citizen, born in Brooklyn, where I have lived my whole life with my family. I am 20 years old, and I am a practicing Muslim.

I am currently a student at a CUNY community college, and I hope to become a social worker. Since November 2011, I have been active in a community-based charity and religious outreach group originally called Fesabeelillah Services of NYC (FSNYC), and now known as Muslims Giving Back.

ACLU Sues NYPD Over Unconstitutional Muslim Surveillance Program

By Hina Shamsi, Director, ACLU National Security Project & Patrick C. Toomey, Fellow, ACLU National Security Project at 10:14am

The ACLU, together with the NYCLU and CUNY's CLEAR Project, filed a lawsuit today challenging the New York Police Department's unconstitutional policy and practice of targeting entire Muslim communities for discriminatory and suspicionless surveillance. The NYPD's vast religious profiling program has cast an unjustified badge of suspicion and stigma on hundreds of thousands of innocent New Yorkers, based on nothing more than their religious faith and practice. We represent civic and religious leaders, two mosques, and a charitable organization, all of whom were swept up in the police department's dragnet surveillance because they are Muslim.

Some Thoughts on DMV Image Databases and the Police

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:28pm

The Washington Post has an excellent, in-depth article today on the growing use of driver’s license photo databases combined with face recognition analytics by police.

There are two ways to think about this. First, it is yet another long stride toward a surveillance society:

The PATRIOT Act’s Section 215 Must be Reformed

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 3:16pm

The following remarks were given by Laura Murphy, director of the ACLU's Washington Legislative Office, at Sen. Rand Paul's press conference yesterday announcing his intention to sue the government to stop NSA surveillance of Americans' communications.

Last week, the Guardian reported something extraordinary. The National Security Agency is routinely collecting all of your phone records under Section 215 of the Patriot Act. They know who calls whom, when, for how long and from where. There's no more debate about whether the government is spying on Americans; the only question is how we can stop it.

A Step Towards Surveillance Transparency

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 5:14pm

When Google published its first government transparency report in 2010, critics of the company showered praise upon the company, and rightly so. At a time when other internet companies were fearful of "stick[ing] their head up" by publishing surveillance statistics, Google boldly led the way. In recent years, Twitter, Microsoft, Dropbox, LinkedIn, Sonic.Net, SpiderOak and Silent Circle all followed, and received well deserved praise for doing so from public interest advocates.

Flashback: Biden Agrees Access to Metadata Is 'Very, Very Intrusive' (VIDEO)

In the wake of revelations that the Obama administration is tracking virtually every single phone call of every single American, the administration...

Who Decides?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:32am

I’d like to make one major point about the NSA surveillance scandal that many people have made indirectly, or implicitly, or seem to have assumed, but have not stated baldly and explicitly. That point is how this incident has laid bare the arrogance of our national security officials.

Because there are really two separate issues behind last week’s revelations. The first is, how much surveillance of the American people should the government conduct? The second is, who should decide how much surveillance of the American people the government should conduct?

And on that second question, the government has arrogated to itself the power to make that decision, unilaterally, in secret, on behalf of the American people.

In his only comments on this scandal, President Obama said,

ACLU Files Lawsuit Challenging NSA's Patriot Act Phone Surveillance

By Brett Max Kaufman, Legal Fellow, ACLU National Security Project at 3:30pm

In the wake of the past week's revelations about the NSA's unprecedented mass surveillance of phone calls, today the ACLU filed a lawsuit charging that the program violates Americans' constitutional rights of free speech, association, and privacy.

This lawsuit comes a day after we submitted a motion to the Foreign Intelligence Surveillance Court (FISC) seeking the release of secret court opinions on the Patriot Act's Section 215, which has been interpreted to authorize this warrantless and suspicionless collection of phone records.

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