American Civil Liberties Union

I wrote recently about the U.S. government and companies lobbying against the EU’s attempt to strengthen their privacy laws, and our own efforts at the ACLU to advance high transnational privacy standards. Our efforts helped attract a round of press coverage of this unfolding drama (including stories in the New York Times and Washington Post). We’ve also written a letter along with other privacy groups to senior Obama Administration officials, asking for a meeting to discuss the issue.

When Jill Kelley sought help from the FBI in the fall after receiving harassing e-mails, she had no idea that her trust in law enforcement would ultimately end in a loss of faith.

In November, Kelley and her husband, Scott, woke up to find themselves at the heart of a scandal that would ultimately lead to the resignation of CIA Director David Petraeus because of an extramarital affair with his biographer, Paula Broadwell, and engulf another high-ranking military official, U.S. Marine Gen. John Allen, in allegations of “inappropriate communications” with Mrs. Kelley. (Last night, the Pentagon’s Inspector General cleared Gen. Allen of all wrongdoing).

Instagram has lost half its daily users in just one month as a result of all the bad publicity over its new terms of service, according to a story in the International Business Times. That is a stunning report—perhaps the most surprising indication of mass rebellion over an online policy issue since the defeat of SOPA. Perhaps I am overly conditioned to thinking that these kinds of seemingly obscure issues about the distribution of power on the internet—privacy, openness, intellectual property, etc.—are the provenance of geeks and policy nerds and reporters looking for stories. But losing half their daily users in one month? I think that’s a reminder that for all the assaults on our privacy by internet advertisers and others, people do still want and demand a sense of control when it comes to their online lives. Especially when it comes to services that people have made a part of their daily existence—which they feel they have a relationship with. Many privacy and other internet issues seem abstract and removed, and may not trigger a passionate backlash, but sometimes (as with this story, SOPA, and Facebook Beacon) they do.

Internet-based text message apps are one of the most common means of communicating today. But when it comes to this relatively new technology, surveillance law is behind the times in important ways, and as is so often the case when the law lags technology, our privacy suffers as a result.

Text messages have for some time been a cash cow for the wireless carriers—back in 2007, annual global SMS revenue was estimated to be 60 billion dollars. Charging consumers 25 cents per 140 character text message is a great way to make money, but when those same consumers are already paying for internet connectivity to their smartphones, the market was ripe for disruption. In recent years, a number of internet companies have entered the text message market. In some cases, they have offered low-cost or free SMS services that interoperate with the carriers’ existing SMS system. In other cases, large companies like Facebook, Apple and WhatsApp have offered closed text message services to their smartphone using customers. Often seeking to reduce their monthly telephone bills, millions of consumers have migrated from smartphone text message services provided by the wireless carriers to smartphone text message services provided by internet companies.