Online Privacy

US Surveillance Law May Poorly Protect New Text Message Services

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:44am

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.

Twitter Subpoenas Chill Free Speech; Latest Example is in San Francisco

By Linda Lye, Staff Attorney, ACLU of Northern California at 4:52pm

In a disturbing trend that can have a chilling effect on free speech, law enforcement agencies around the country are seeking wide-ranging information about the social networking activity of political activists. The San Francisco District Attorney recently issued subpoenas to Twitter for tweets by two political protesters, Lauren Smith and Robert Donohoe, who had been charged with rioting and unlawful assembly during a Columbus Day demonstration last year. They had been active on Twitter but disabled their accounts after the protest.

Who’s a Radical Now?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:10am

The Bipartisan Policy Center published a report last week called, “Countering Online Radicalization in America,” which strongly endorsed First Amendment principles in rejecting censorship as an appropriate tactic for addressing violent extremist content on the Internet.  The report evaluated the many methods governments around the world use to censor the Internet – including filtering or blacklisting online content, taking down websites (either through legal means, cyber attacks or appealing to private sector providers), and prosecuting Internet content producers – and rejected them all as both ineffective in stopping the spread of undesirable ideas, and an affront to American values: “For the United States, the cost-benefit analysis would be even clearer:  with its long and cherished tradition of free speech, the creation of a nationwide system of censorship is virtually inconceivable.”  But the BPC’s positive recommendations are potentially undermined by its continuing embrace of a radicalization theory that draws too close a causal connection between “radical” ideas and violent action.

FTC Busts Advertisers In Browser Snooping Scandal, But Web Sites Shouldn't be Off the Hook

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:16pm

Today, the FTC announced a settlement with Epic Marketplace, an online advertising company that had abused a security flaw in popular web browsers in order to covertly “sniff” other websites visited by consumers.

According to the FTC complaint, for a period including between March 2010 and August 2011, the online advertising company Epic Marketplace probed the browsing history of visitors to popular websites including CNN, the Red Cross, and Orbitz in order to determine which other web sites those consumers had previously visited. The pages revealed by this snooping included those relating to fertility issues, impotence, menopause, incontinence, disability insurance, credit repair, debt relief, and personal bankruptcy.

A Bot of One’s Own

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:13pm

Yesterday I wrote about receiving a robo-call that was so slickly done I didn’t even realize I was talking to a computer for several minutes. I mulled over whether the use of such technology raises any serious privacy or other ethical issues. Not really, I decided—at least that I could see.

ACLU Lens: Get Off My Cloud! Senate Bill Requires Warrants for Government to Spy on Email, Digital Communications

By Steve Gosset, ACLU at 5:00pm

The Senate Judiciary Committee today passed an amendment to the Electronic Communications Privacy Act (ECPA). Among its provisions, is a requirement that law enforcement agencies obtain a warrant before they can take a peek at your email, private social network posts and other information stored in the cloud.

ECPA would replace legislation dating back to 1986—when the Internet was still taking baby steps and privacy considerations were not paramount. Any way you slice it, it’s an analog measure in a digital world and badly in need of replacement.

Drone Regulations, Do Not Track, Border X-Rays, and Being Borked (Friday Links Roundup)

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.”

Protections Against Commercial Internet Spying: Why Delay is Deadly

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:13pm

I wrote last week about how the ad industry is going on the attack against Do Not Track. Then yesterday, as the New York Times reported, the Direct Marketing Association kicked off a $1 million public relations campaign to try to persuade policymakers and the public that privacy protections from the data mining industry are not needed. Unfortunately, those who are advocating on behalf of the public do not have $1 million to throw into a counter-campaign. The outcome will be a test of the degree to which money can trump the public good in our political system right now. And that highlights one of the dynamics that it seems to me is at work when it comes to regulating commercial privacy: delay is deadly.

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.

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