Online Privacy

Does Surveillance Affect Us Even When We Can’t Confirm We’re Being Watched? Lessons From Behind the Iron Curtain

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:16pm

During the Cold War, as I argued last week, the totalitarian governments of the Soviet bloc functioned as a standing warning to Americans of the dangers of unchecked surveillance—lessons that we would do well to remember despite the fall of the Iron Curtain.

Civil Liberties in the Digital Age: Weekly Highlights (10/5/12)

By Anna Salem, ACLU of Northern California at 3:50pm

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.

Chevron Asks Email Providers to Hand Over Users' Private Information

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 2:03pm

As our online activities become increasingly integrated into our daily lives, we leave ever expanding trails of information about ourselves in the hands of internet companies. The ACLU has fought and continues to fight the aggressive attempts of government law enforcement agencies to subpoena this private data. Now, corporations are getting in on the act. In a civil lawsuit related to its sprawling legal battle against a $19 billion Ecuadorian judgment and the plaintiffs’ lawyer who won it, it was recently revealed that Chevron issued subpoenas to Google, Yahoo, and Microsoft for information on 101 separate email accounts.

Corporate America: We Want to Track You

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 5:44pm

On Monday an extraordinary letter went out from a who’s who of major corporations claiming a mandate to track all of us on the internet.  In tone and substance, it is an amazing, over-the-top screed against efforts to give consumers even modest controls over who watches us as we surf online.

The letter was triggered by Microsoft’s announcement in May that when it ships its new browser, IE 10, the browser’s default setting will be Do Not Track.  Microsoft heard the vast preference of its users and is giving them the default setting they want—no tracking of their movements and habits online. Consumers who want to get targeted ads will still be able to do so—and in fact will get a chance to turn that preference on when the program loads. As we said at the time, this is exactly the right decision, a powerful tool for giving back American’s their privacy online.

California Social Media Privacy Laws Give Students, Employees Online Rights

By Chris Conley, Technology and Civil Liberties Fellow, ACLU of Northern California at 11:15am

On Thursday California Governor Jerry Brown signed two bills into law that will protect the privacy of employee and college student social media accounts in the state of California. While these bills aren’t perfect, they are an important first step towards recognizing that our rights—including our fundamental right to privacy—apply just as much in the online world as in the offline.

Civil Liberties in the Digital Age: Weekly Highlights (9/28/2012

By Anna Salem, ACLU of Northern California at 2:51pm

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.

New Justice Department Documents Show Huge Increase in Warrantless Electronic Surveillance

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 1:32pm

Justice Department documents released today by the ACLU reveal that federal law enforcement agencies are increasingly monitoring Americans’ electronic communications, and doing so without warrants, sufficient oversight, or meaningful accountability.

The documents, handed over by the government only after months of litigation, are the attorney general’s 2010 and 2011 reports on the use of “pen register” and “trap and trace” surveillance powers. The reports show a dramatic increase in the use of these surveillance tools, which are used to gather information about telephone, email, and other Internet communications. The revelations underscore the importance of regulating and overseeing the government’s surveillance power.  (Our original Freedom of Information Act request and our legal complaint are online.)

FTC Proposes Changes to Privacy Law That Collide With Free Speech

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:59am

Back in the waning years of the Clinton administration, Congress quietly enacted an important internet privacy bill (the passage of which was overshadowed by other, more salacious developments). The Children’s Online Privacy Protection Act (“COPPA”) requires any website “target[ing]” children under the age of 13 to notify a child’s parent and receive verifiable consent before collecting personal information from that child. A lot of COPPA is about controlling online marketing activities involving young children, who may not appreciate the dangers in disclosing sensitive personal information to commercial entities.

Warrant for Email? An Update

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:22pm

Last Thursday we moved half a step closer to legislation requiring police to get a warrant before viewing personal email or other private electronic communications, such as documents and photos stored in the cloud (with Google, Yahoo or any other provider).  For more background on the amendment see here; for explanation of why it’s a half a step and what comes next please keep reading.

Keeping the Government Out of Your Smartphone

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:48am

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.

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