American Civil Liberties Union

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.

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.

In 2010, the FBI attached a GPS device to the car of a man named Fred Robinson and continuously monitored his whereabouts for nearly two months—all without getting a warrant. Now Robinson is on trial, and on Friday, the ACLU and its affiliate, the ACLU of Eastern Missouri, filed an amicus brief in his case, United States v. Robinson, which raises important Fourth Amendment issues about police use of GPS trackers for surveillance.

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.

House Passes Controversial Cybersecurity Measure CISPA [Wired]
"The House on Thursday approved cybersecurity legislation that privacy groups have decried as a threat to civil liberties… Its goal is a more secure internet, but privacy groups fear the measure breaches Americans' privacy along the way."
     See Also Keep Domestic Cybersecurity Efforts in Civilian Hands [ACLU]
     See Also Insanity: CISPA Just Got Way Worse, And Then Passed On Rushed Vote [Techdirt]
     See Also The CISPA Amendments We Really Need [Read Write Web]
     See Also White House Threatens Veto, ACLU Says CISPA Amendments Not Enough [Reason]