Washington Markup

The Biggest Threat to Free Speech and Intellectual Property That You’ve Never Heard Of

By Sandra Fulton, ACLU Washington Legislative Office at 3:22pm

As we have seen in the failed attempts of SOPA/PIPA, and the floundering Anti-Counterfeiting Trade Agreement, intellectual property (“IP”) laws are often poorly constructed, hastily proposed and ultimately both ineffective and potentially abusive.

Who Controls Your Texts?

By Sandra Fulton, ACLU Washington Legislative Office at 3:58pm

Last week the Senate Judiciary Committee overwhelmingly approved with bipartisan support a sweeping update to the Electronic Communications Privacy Act (ECPA). The bill would require law enforcement to obtain a warrant to access all electronic communications, including email, Facebook posts, photos and cell phone communications. It was a long-fought battle and a huge step forward in updating our privacy laws.

ACLU Testifies as Congress Takes on Domestic Drones

By Sandra Fulton, ACLU Washington Legislative Office at 5:44pm

The ACLU testified before a House field forum examining drone technology and the Fourth Amendment at Rice University called by Rep. Ted Poe (R-Tex.). Drones have gotten a lot of attention lately – U.S. law enforcement agencies are eager to get their hands on them while civil libertarians are concerned about the potential threat to privacy.

Identity Theft and the War on Immigrants

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:41pm

The war on America's immigrants can lead to some very strange results. In a classic example, last year Republicans actually said, when it comes to immigration at least, new government regulations actually create jobs. But these attacks on immigrants cause real harm to ordinary Americans who don't think that immigration affects them. We've already talked about how mistakes in E-Verify, the federal database of eligible workers, can keep Americans from getting jobs. Tomorrow the House Judiciary Committee will hold a hearing that highlights another problem with E-Verify.

One Year Later, Consumers are Still Waiting on a Do Not Track Standard

By Sandra Fulton, ACLU Washington Legislative Office at 5:52pm

Senator Jay Rockefeller (D-WV), chair of the powerful Senate Commerce Committee, held a hearing today on online consumer privacy and "Do Not Track" standards. Do Not Track is a concept similar to the "Do Not Call" registry, and would allow individuals to signal that they don't wish to have their movements monitored by advertisers as they surf the web. The title of the hearing was "A Status Update on the Development of Voluntary Do-Not-Track Standards." We've got news for you, Congress—the status is not good.

The Biggest New Spying Program You’ve Probably Never Heard Of

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 2:18pm

Update: Since this piece was posted, the ACLU has filed FOIA requests seeking more information on data-mining by the NCTC. Read more »

What if a government spy agency had power to copy and data mine information about ordinary Americans from any government database? This could include records from law enforcement investigations, health information, employment history, travel and student records. Literally anything the government collects would be fair game, and the original agency in charge of protecting the privacy of those records would have little say over whether this happened, or what the spy agency did with the information afterward. What if that spy agency could add commercial information, anything it – or any other federal agency – could buy from the huge data aggregators that are monitoring our every move?

The Time is Now for Do Not Track Legislation

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.

Kicking off "Stop Cyber Spying Week"

By Mandy Simon at 12:00pm

Today we're launching a weeklong campaign called "Stop Cyber Spying Week" to draw attention to the massive civil liberties problems in H.R. 3523, better known as CISPA.

TSA on the Defensive Again: Effective Security or Security Theater?

By Sandra Fulton, ACLU Washington Legislative Office at 10:18am

Monday's House hearing on TSA security measures examined whether airport security measures have been truly effective at preventing terrorism, or just create an illusion of safety.

With CISPA, "It's all just a little bit of history repeating..."

By Robyn Greene, ACLU Washington Legislative Office at 4:48pm

The Propellerheads may have been talking about fashion trends when they sang that "to me it seems quite clear that it's all just a little bit of history repeating." But that sentiment rings loud and true today when talking about the privacy-busting cybersecurity bill CISPA.

Leaders of the House Intel Committee reintroduced CISPA with the same privacy flaws as last year. While they suggested at its unveiling that they worked with the privacy community and addressed our concerns, they didn't. This is the same bill, with the same problems.