Online Privacy

Civil Liberties in the Digital Age: Weekly Highlights (8/10/2012)

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.

Will We Mold Ourselves To Match Our Data?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:42pm

I recently came across a very nice essay on “The Stupidity of Computers” by David Auerbach, which is really much more interesting than that truism of a headline might suggest.

Auerbach starts with the observation that computers “are the undisputed chess champions of the world, but they can’t understand a simple English conversation.” The point is a commonplace, almost clichéd one—but Auerbach quickly builds on it, slowly moving to a stunning punch line of a thesis that is thought-provoking and fresh.

A Modest Proposal For Protecting Our Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:38pm

One of the biggest problems with protecting privacy in the United States is that, almost alone in the advanced-industrial world, we do not have an overarching privacy law that codifies the basic privacy principles that are accepted around the world as the gold standard for protecting this human right. 

Instead, the United States pursues a sector-by-sector approach to privacy. The result is that our privacy protections vary wildly according to area. We have some (inadequate) protections for our health and financial data, very few protections for our commercial transactions, and very rigorous protections for our video rental records. 

What’s Wrong With the Pauls’ Internet Manifesto

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:36pm

Ron and Rand Paul’s manifesto on “The Technology Revolution,” released the other day, is unexpectedly incomplete, focusing most of its animus not on government security and police agencies, but on what they call “collectivists,” by which they mean those who advance attempts to “regulate competition, infrastructure, privacy and intellectual property.” I think they mean us.

New York Court Denies Twitter Motion to Quash Occupy Protester Subpoena

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:07pm

A New York criminal court judge has issued a decision denying Twitter’s motion to quash a court order requiring it to produce information about one of its users pursuant to a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.

VIDEO: Is Law Enforcement Reading Your Email Without a Warrant?

By Noa Yachot, Communications Strategist, ACLU at 2:38pm

The FBI doesn't think it needs a warrant to read emails and other electronic communications – despite the fact that a federal court has ruled that doing so violates the Fourth Amendment. Ben Wizner appeared today on Democracy Now! to discuss this and other ACLU revelations regarding government surveillances practices.

The ACLU this week released documents that paint a disturbing picture of the authority the government claims to access a wide range of our communications – from emails to Facebook messages and much more. These latest developments reinforce what has long been clear: it is well past time to modernize ECPA, the egregiously outdated law that governs our electronic privacy but hasn't been updated since 1986, before the World Wide Web was even invented. As Wizner said:

One Small Step by the Senate Judiciary Committee, One Giant Leap for Online Privacy

By Sandra Fulton, ACLU Washington Legislative Office at 3:50pm

Yesterday marked a major step for Americans taking control of their privacy online. In a rare demonstration of bipartisan support, the Senate...

Smashing Success: Thousands of ACLU Supporters Petition President to Veto CISPA, Get Full Page Ad in Politico

By Robyn Greene, ACLU Washington Legislative Office & Kaitlyn Newman, Campaigner, ACLU Action at 5:14pm

You did it! In the two months since Reps. Rogers (R-Mich.) and Ruppersberger (D-Md.) reintroduced their privacy-busting bill CISPA, 49,513 (and counting) ACLU supporters signed one of our biggest petitions of all time, urging President Obama to protect Americans' privacy and civil liberties and veto CISPA!

To make sure members of Congress hear your passionate plea as well, we've printed a full-page ACLU Action ad opposing CISPA in today's Politico – the go-to newspaper for the who's who of Capitol Hill! Hopefully, the president and your legislators caught a glimpse of the compelling graphic while they drank their morning coffee.

Reading of Emails Without Warrant Likely Extends Beyond IRS

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 8:23am

The ACLU released documents last week indicating that the criminal investigative arm of the IRS doesn’t think it always needs a warrant to read people’s email when investigating them for tax crimes. The revelation garnered widespread media attention (see examples here, here, and here). We called on the IRS to clarify its policy but, unfortunately, the agency issued only a brief, confusing statement that failed to explain its actual policy and practices. As we said last week, because our emails, text messages, and other electronic communications contain some of our most sensitive and private information, it is crucial that federal law enforcement agencies obtain a warrant from a neutral judge before accessing them.

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

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