By Anna Salem, ACLU of Northern California at 3:01pm
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.
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.
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 4:34pm
The New York Times Sunday Review included a striking op ed suggesting that universities could one day deploy software to analyze students’ internet usage for the purpose of assessing their mental health. The writers, Sriram Chellappan and Raghavendra Kotikalapudi, support their argument by explaining that they conducted a study on university students that demonstrated a correlation between depression and certain patterns of internet usage (for example, “very high e-mail usage”). The study involved screening 216 students at Missouri University of Science and Technology for depression and then having “the university’s information technology department provide us with campus Internet usage data for our participants . . . . This didn’t mean snooping on what the students were looking at or whom they were e-mailing; it merely meant monitoring how they were using the Internet” (so, for example, if they were surfing the web, checking email, using p2p programs, etc.).
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:47pm
A roundup of some items that caught our eye recently, but we haven’t had a chance to write about.
San Francisco’s MUNI train system is installing new “intelligent” cameras that will track and monitor commuters, raising an alarm when it spots “anomalous activities,” which it will identify by learning over time what is “normal.” It always surprises me when cutting-edge surveillance technologies are introduced in the Bay Area (see BART, phone cutoffs in, and bar cameras). Don’t people know that Northern California is home to perhaps the most tech-savvy and privacy-aware population in the country?
By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:52pm
We filed a friend-of-the-court brief today in New York state court in support of Twitter’s efforts to protect the constitutional rights of one of its users. As we posted earlier this month, Twitter took a great step to defend its users’ rights by filing a motion to quash a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 8:37am
Last night the House of Representatives passed HR 3523, the Cyber Intelligence Sharing and Protection Act, or CISPA. We’ve written about the many privacy problems with this bill, but here I would like to focus on one of its biggest and most fundamental flaws: it empowers the military, including agencies like the NSA, to collect the internet records of Americans’ everyday internet use.
By Sandra Fulton, ACLU Washington Legislative Office at 1:55pm
It's a big week for reforming the Electronic Communications Privacy Act (ECPA), a little-known law which safeguards internet communications but hasn't been touched in nearly 30 years.
Yesterday the ACLU joined Americans for Tax Reform to push for an update to the law, and today Sen. Leahy (D-Vt.) and Sen. Mike Lee (R-Utah) introduced a bipartisan bill that would do just that. The bill would require police to get a warrant before accessing email and all other online communications, like Facebook posts or photos we store in the cloud with Google, Yahoo, or any other provider. In addition, the House Judiciary Committee began a series of hearings today on updating ECPA. (ACLU statement for the record is here).
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:00pm
In September I wrote about how policymakers often act on privacy issues only when they themselves feel their privacy personally threatened—for example when Robert Bork’s video rental records were obtained by a reporter. Now Peter Maass, writing in the New Yorker and ProPublica, is raising a key question about the Petraeus scandal: will lawmakers sit up and take notice of how easily the CIA Director’s private emails were discovered? Will they “start worrying a bit more about becoming the next Petraeus or Bork”? It may well be true that the discovery of an affair by an FBI agent would not have led to anything had the subject been an ordinary person, but because Petraeus was in such an important role, the finding kept getting passed around because nobody dared to take the responsibility of doing nothing about it. And inevitably, it eventually leaked. As Maass astutely observes, “the Petraeus case shows that among the people who have the most to lose from unchecked surveillance are the people who thought they would benefit from it—government elites.”
By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:14pm
Senate Judiciary Chairman Patrick Leahy (D-VT) announced late yesterday that he will bring legislation before the committee requiring law enforcement to use a probable-cause warrant to access all non-public internet communications such as email. This legislation is a key piece of efforts to reform the Electronic Communications Privacy Act (ECPA), first passed in 1986 and not substantially updated since.
