By Anna Salem, ACLU of Northern California at 3:01pm
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.
By Anna Salem, ACLU of Northern California at 3:55pm
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.
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.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:20am
A few links that have caught our eye this past week:
The Citynewswatch blog in Charlotte, NC has a nice post on that city’s new license plate reader program, among other surveillance systems (pity any city that hosts a major national or international event these days). Among many other good points, Citynewswatch highlights the fact that they are being funded via our deeplytroubling civil asset forfeiture laws. I didn’t mention it in my blog the other day but the ALPR program being pushed in Utah by the DEA is being similarly funded.
By Anna Salem, ACLU of Northern California at 4:01pm
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.
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 3:04pm
Federal law enforcement has used people’s cell phones to track their movements for at least a decade, but even today there is no clear answer to whether the government needs a warrant to do so. Why? In part because the U.S. Justice Department appears to be pursuing a conscious strategy of trying to avoid a ruling on this question by a court of appeals.
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 3:33pm
In a victory for the privacy rights of everyone with a cell phone, a court has held that law enforcement agents must get a warrant to access cell phone location records. The ACLU, ACLU of Texas and Electronic Frontier Foundation submitted a brief urging the court to adopt exactly this position. The Constitution requires nothing less.
Today the Supreme Court is hearing arguments in a case that’s likely to affect the privacy rights of anyone who carries a cell phone. The case, U.S. v. Jones, is about whether law enforcement needs a warrant before planting a GPS tracking device on a person’s car. But more and more, the government is monitoring people’s movements by tracking their cell phones.
It doesn’t matter whether your phone is a smartphone or not, or whether you use it to make calls — as long as your phone is turned on, it registers its location with cell phone networks several times a minute — and all U.S. cell phone companies hold on to that data.
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.
