Washington Markup
05/07/2013
FISA

They’re Watching: FBI Business Records Requests Jump 900 Percent Compared to 2009

By Robyn Greene, ACLU Washington Legislative Office at 12:14pm

Last week served as yet another reminder of the threats posed to Americans' privacy by the post-Patriot Act surveillance state...

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04/26/2013
ECPA

One Small Step by the Senate Judiciary Committee, One Giant Leap for Online Privacy

By Sandra Fulton, ACLU Washington Legislative Office at 3:50pm

Yesterday marked a major step for Americans taking control of their privacy online. In a rare demonstration of bipartisan support, the Senate...

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04/12/2013
CISPA

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

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04/17/2013
CISPA

Thank You Mr. President – In Big Win for Privacy, Administration Issues CISPA Veto Threat!

By Robyn Greene, ACLU Washington Legislative Office at 12:32pm

Over the last few months, more than 50,000 ACLU supporters signed our petition to the president urging him to veto CISPA if it made it to his desk. Not only did the president hear your calls – yesterday, he answered them with a resounding win for your privacy and civil liberties and threatened to veto CISPA, the dangerous privacy-busting cybersecurity bill.

The president's veto threat echoed many of our concerns, and those that he raised last year when he threatened to veto CISPA 1.0. We have long warned that CISPA threatens Americans' privacy and civil liberties by allowing for companies to share our private information, like our internet records and the content of our emails, with the government. Yesterday's veto threat makes it clear that in spite of recent amendments, CISPA still fails to adequately protect our privacy. As the veto threat states:

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03/27/2012
Real ID

Yes, the States Really Reject Real ID

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:21pm

Remember that time when Congress passed a law that tried to create a national database of drivers' information and turn drivers' licenses into national identification cards? And remember how groups from across the political spectrum joined forces to tell Congress, the president, and their state lawmakers that they objected to this law, known as Real ID, calling it an unfunded mandate that trampled on states' rights, decrying its lack of sufficient protections and potential to increase racial discrimination, worrying about its negative impact on the Amish and other religious denominations, fretting that it would create an expansive and cumbersome new bureaucracy or facilitate the tracking of individuals? Opposition to Real ID united everyone from the National Governors Association to the ACLU to the American Conservative Union, the Mexican American Legal Defense and Educational Fund and National Organization for Women to Gun Owners of America, to name a few.

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04/26/2012
CISPA

Cyber Protection Act Too Broad, Infringes on Our Privacy Rights

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.

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03/28/2013
CISPA

CISPA's Problem Isn't Bad PR, It’s Bad Privacy

By Robyn Greene, ACLU Washington Legislative Office at 11:28am

Representative Mike Rogers (R-MI) made the argument last week that the privacy community’s significant concerns with CISPA, the privacy-busting cybersecurity bill, don’t stem from actual problems with the bill language, but rather from a misunderstanding of the bill itself. Speaking on behalf of himself and his co-sponsor, Representative Dutch Ruppersberger (D-MD), he told The Hill, “We feel that the bill clearly deals with privacy, that the checks and balances are there, but [we] know there's still a perception and we're still trying to deal with that.”   

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03/21/2013
Domestic Drones

Even Amidst a Host of Congressional Priorities, Drones Makes the Cut

By Sandra Fulton, ACLU Washington Legislative Office at 12:00am

While Congress has been considering the idea of regulating domestic drone use for some time, yesterday kicked off the debate in earnest when Sen. Patrick Leahy (D-Vt.) called a hearing in the Senate Judiciary Committee on "The Future of Drones in America: Law Enforcement and Privacy." Considering everything the committee has on its plate right now—from immigration reform to gun regulations—the fact that the senators prioritized this hearing underscores how important and timely they believe the issue is, and how much impact drones have had on the American psyche.

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07/30/2012
Government Surveillance

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?

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03/01/2013
Do Not Track

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.

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