By Sandra Fulton, ACLU Washington Legislative Office at 4:53pm
While our electronic privacy laws have remained stagnant, online advertising has grown into a multi-billion dollar industry. The browsing and communications habits of online users are routinely and secretly tracked as they surf the internet. Yesterday, Senator Rockefeller (D-WV), chairman of the powerful Senate Commerce Committee, introduced a bill to establish a Do Not Track mechanism –similar to a Do Not Call Registry– that would allow users to restrict what companies collect about them and regain control of their privacy and online identity.
By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 5:02pm
Senator Charles Grassley got it right: officials at the Food and Drug Administration “have absolutely no business reading the private e-mails of their employees.”
On Sunday, the New York Times ran a lengthy story detailing how the FDA monitored the communications of its own scientists, including communications with members of Congress, lawyers and journalists. Those scientists had blown the whistle on what they believed were flawed internal procedures that led to the approval of unsafe medical imaging devices. The FDA engaged in a massive email monitoring campaign to read their communications—including their private, personal emails. The emails that the FDA collected included those of a former member of Senator Grassley’s staff, presumably because he had exchanged messages with one or more of the targeted FDA officials.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:10am
My colleague Ben Wizner and I are in Brussels this week, partly to meet with European lawmakers and others about the new privacy regime that the EU is in the process of putting into place. Unlike the United States, Europe has a set of basic rules and institutions in place to protect individuals’ privacy, and is trying to update its existing rules and institutions for the digital age.
The United States needs similar protections—a basic, overarching privacy law, and institutions with the teeth to enforce it. We are an outlier in the world in lacking those things. However, some U.S. companies seem to be terrified at the prospect of basic, fair privacy rules being put into place in Europe. Not only are companies such as Facebook and Google furiously lobbying against those rules, but the U.S. government has “shocked” Europeans by also lobbying hard against many elements of this 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.
By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 5:28pm
This morning, faced with the threat of criminal and civil contempt, Twitter turned over information about Occupy Wall Street protester Malcolm Harris to a New York criminal court judge. This development follows Twitter’s months-long effort to challenge the Manhattan District Attorney Office’s subpoena for Harris’s information, which was issued as part of the D.A.’s disorderly conduct prosecution of Harris stemming from his participation at an Occupy event last fall.
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.
By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:44pm
Twitter just filed its brief appealing a June decision by a New York criminal court judge requiring the company to give the Manhattan District Attorney detailed information on the communications of Twitter user Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct in connection with a march on the Brooklyn Bridge.
Earlier this week, Illinois Governor Pat Quinn signed into law a bill that prohibits employers from requiring or requesting that employees or applicants reveal the username sand passwords for personal accounts on websites such as Facebook and Twitter. Governor Quinn, in signing the bill, said it was necessary to “protect workers and their right to personal privacy.” Illinois in is now the second state to enact this type legislation, following the lead of Maryland, which enacted a similar law in May.
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.
