By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:33pm
Last week’s Washington Post report that the CIA had requested that Boston bomber Tamerlan Tsarnaev be placed on a terrorist watch list raises an interesting point about total surveillance societies: in addition to all their negative implications for citizens, they actually bring some disadvantages for the authorities as well.
It’s not clear what information the CIA’s request was based upon, but reportedly it came from Russian authorities. It is also possible that Tsarnaev’s communications were flagged by US agencies such as the NSA. Either way, it seems as though there’s a real possibility that Tamerlan’s name came to the attention of the authorities through some dragnet-style surveillance technique.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 1:54pm
It's baa-aaack.
The House cybersecurity bill that allows the National Security Agency (NSA) and the military to collect your private internet records is scheduled for an encore appearance on Wednesday. House Intelligence Committee Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD) will reintroduce the Cyber Intelligence Sharing and Protection Act (CISPA), which news reports say will be the same bill that passed the House of Representatives last year.
By Robyn Greene, ACLU Washington Legislative Office at 5:29pm
Last month I wrote about how Sen. Ron Wyden (D-OR) has been rebuffed in his multi-year effort to get answers to very basic questions about how the government uses the sweeping authorities granted under the FISA Amendments Act (FISA).
Wyden spearheaded two more letters to the National Security Agency (NSA) Director and the Director of National Intelligence (DNI). Again, he was denied answers.
By Robyn Greene, ACLU Washington Legislative Office at 5:35pm
How many different ways does Sen. Ron Wyden (D-OR) have to ask the government the number of Americans it has spied on under its warrantless wiretapping program before he can get a straight answer? So far, it’s at least three and counting.
By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:04pm
Can using privacy-enhancing tools (such as Tor or a Virtual Private Network) actually expose you to warrantless surveillance by the National Security Agency? This week, the ACLU sent off four FOIA requests to federal agencies in order to try and answer this question.
To understand why we think that may be the case, we have to go back to the passage of the FISA Amendments Act (FAA) in 2008. That act was not a high-point for civil liberties or the rule of law. It included a provision giving immunity to the telecom companies that violated the law by assisting the NSA with its warrantless wiretapping program. Although the get-out-of-jail-free card given to the phone companies is the most well-known aspect to the FAA, there is much more to the law, and many other things that give privacy advocates reason to worry.
By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 6:26pm
The ACLU appeared before the Supreme Court to argue for the right of Americans to challenge a law that instituted a far-reaching and unconstitutional surveillance regime.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:10am
(Updated below)
I was invited to give a talk on surveillance at the Information Security Systems Association (ISSA) Baltimore Chapter yesterday, and the keynote speaker was Dr. John Levine of the NSA. He works on the “information assurance” side of the agency (charged with securing communications rather than breaking them) and had some interesting things to say on the NSA’s work trying to make mobile devices more secure for the military and other government users who need to exchange classified information.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:36pm
On July 30, the Privacy Commissioner of British Columbia announced a review of license plate scanning programs by law enforcement in the province. If the United States had an analogous institution embodying /enforcing our privacy values, maybe we’d see something like that here instead of untrammeled expansion and retention of license data. We’re still waiting for the “missing in action” Privacy and Civil Liberties Oversight Board (PCLOB) to turn into something real. From 2007 until late 2011, neither President Bush nor President Obama even nominated anyone to fill the independent oversight board; we finally now have four members—but still no chair.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 2:12pm
This morning, the Senate voted against moving forward on cybersecurity legislation, ending the bill’s chances at final passage.
As we told you earlier this week, the Senate version of the cybersecurity bill (S. 3414, the Cybersecurity Act), was recently significantly improved with several new privacy- oriented changes, including a mandate that information shared with the government under the program go to civilian agencies and not the National Security Agency or other military components.
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,
