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.
By Sandra Fulton, ACLU Washington Legislative Office at 4:16pm
Although the conflict between government classification rules and practices and the First Amendment rights necessary to promote a free and open society is nothing new, recent developments may indicate an alarming shift away from basic First Amendment principles.
A recent article by the Washington Post showed surveillance of federal employees has been stepped up government-wide. According to the article, last year the Food and Drug Administration (FDA) began spying on its scientists, claiming to be looking for the unauthorized sharing of trade secrets. The scientists, however, claim they were being targeted for blowing the whistle on an unethical review process. According the story, such invasive surveillance in the name of national security is spreading. The spyware sold by one software company, SpectorSoft--which claims to have clients in dozens of federal agencies--can do far more than just spy on email. According to the Post, “It could be programmed to intercept a tweet or Facebook post. It could snap screen shots of their computers. It could even track an employee’s keystrokes, retrieve files from hard drives or search for keywords.”
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?
By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:11pm
Later Thursday night Sen. Daniel Akaka (D-HI) filed an important amendment to the Senate cybersecurity legislation to begin to reign in the information the federal government collects on all of us. We don’t think about it much but the federal government collects an enormous amount of personal information on a regular basis: in order for citizens to receive benefits and services, to exercise fundamental rights like voting or petitioning the government, for licensing everything from guns to businesses, for employment, education and for many types of health care. In short this information collection is nearly ubiquitous in American life.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:28pm
No cyber news is usually good news, but today is an exception. Senators have unveiled significant privacy amendments that will be incorporated into S. 2105, the Cybersecurity Act. Authored by Sens. Lieberman, Feinstein, Rockefeller and Collins, the bill provides comprehensive cybersecurity reform, including a new ‘information sharing’ program that permits companies to share internet info with each other and the government.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:41pm
Yesterday, Republican Senators introduced a rewrite of their cybersecurity bill, known as SECURE IT. Advocates registered their opposition to the bill last month and its CISPA-like expansion of military authority to collect sensitive information on Americans’ internet use.
Despite claims the contrary, the new bill has not been substantially amended and still does not meaningfully limit the amount or type of information that the government can collect from companies that hold very private and personal data. Most importantly,
CISPA is a dangerously overbroad bill that would allow companies to share our private and sensitive information with the government without a warrant and without proper oversight.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 11:12am
This week is “Cybersecurity Week” in the House of Representatives, and members will vote on a handful of bills intended to protect cybersecurity — the ability to prevent and respond to threats from foreign governments, terrorists and criminals over the Internet. Some of the bills are civil-liberties-neutral but, as usual when addressing a security issue, Congress is considering a bill that overreaches — this time by allowing companies to share private and sensitive information with the government without a warrant and without much oversight.
By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 12:38pm
Tomorrow, the House of Representatives is scheduled to begin debating the Cyber Intelligence Sharing and Protection Act, authored by Reps. Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.). In the name of cybersecurity, the legislation threatens to blow a hole through every privacy law on the books and allow companies to share customers' private information with the US military. It's not pretty.
