Blog of Rights

In Florida, High School Student Kiera Wilmot’s Curiosity Is a Crime?!

By Rebecca McCray, ACLU Criminal Law Reform Project at 2:47pm

Fed up with the school-to-prison pipeline? Take action!

Earlier this week, the well-oiled school-to-prison pipeline once again moved swiftly and fiercely to criminalize kids. This time, the pipeline delivered 16-year-old Kiera Wilmot to the open arms of a Florida Assistant State Attorney (ASA).

AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records

By Patrick C. Toomey, Fellow, ACLU National Security Project at 11:36am

Last week we learned that the Department of Justice, in an unprecedented intrusion on the work of journalists, had obtained records for twenty telephone numbers belonging to the Associated Press or its reporters, spanning April and May 2012. The telephone records obtained do not include the content of phone calls, but they likely reveal the phone number of each and every caller on those lines for a period of weeks and, therefore, the identity of scores of confidential media sources.

The seizure of these records came to light only because the government has a special set of guidelines that require it to notify any media organization of a subpoena for its records within (at most) 90 days. The AP appears to have learned of the seizure of its phone records, albeit after the fact, only because of this special policy.

The notice given to the AP has generated a healthy debate over the limits on the government’s authority to acquire our telephone and internet records. But what if you aren’t a media organization and, therefore, do not benefit from the special government policy entitling you to notice when the government obtains your telephone or internet records? What information can the government get about you, and is it even required to tell you when it does so?

It Is Time to Modernize Discriminatory HIV/AIDS Laws

By Ian S. Thompson, ACLU Washington Legislative Office & Steven Waddy, Legislative Assistant, ACLU at 4:55pm

While science has vastly advanced since the early days of the HIV/AIDS epidemic more than 30 years ago, the ways in which many criminal laws treat people living with HIV look like throwbacks to the dark days of the past when fear and misinformation about HIV and how it is transmitted were rampant.

There are presently 32 states that have criminal laws that punish people for exposing another person to HIV, even in the absence of actual HIV transmission or even a meaningful risk that transmission could occur.

Two Big Wins for Civil Liberties in Monday's Immigration Markup

By Sarah Mehta, Fellow, Immigrants' Rights Project, ACLU & Alex Berger, Legislative Assistant, ACLU at 9:36am

In yesterday's flurry of activity in the Senate Judiciary Committee on the comprehensive immigration reform bill, there were two big wins for civil liberties: Blumenthal 2, an amendment that limits solitary confinement in immigration detention, and Blumenthal 8, an amendment that restricts Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from conducting raids in schools, churches or hospitals.

"Drones" vs "UAVs" -- What's Behind A Name?

Representatives of the drone industry and other drone boosters often make a point of saying they don’t like to use the word “drones.” When my colleague Catherine Crump and I were writing our drones report in 2011, we talked over what terminology we should use, and decided that since our job was to communicate, we should use the term that people would most clearly and directly understand. That word is “drones.”

Drone proponents would prefer that everyone use the term “UAV,” for Unmanned Aerial Vehicle, or “UAS,” for Unmanned Aerial System (“system” in order to encompass the entirety of the vehicle that flies, the ground-based controller, and the communications connection that connects the two). These acronyms are technical, bland, and bureaucratic. That’s probably their principal advantage from the point of view of those who want to separate them from the ugly, bloody, and controversial uses to which they’ve been put by the CIA and U.S. military overseas.

I suppose there is a case to be made that domestic drones are a different thing from overseas combat drones. Certainly, there’s a wide gulf separating a $17 million Reaper drone armed with Hellfire missiles and a hand-launched hobbyist craft buzzing around somebody’s back yard. But drone proponents themselves would be the first to say that drones are a tool—one that can be used for many different purposes. They can be used for fun, photography, science, surveillance, and yes, raining death upon people with the touch of a button from across the world. Even the overseas military uses of drones vary, including not just targeted killing but also surveillance and logistics.

Putting aside well-founded fears that even domestically we may someday see the deployment of weaponized drones, in the end, the difference between overseas and domestic drones is a difference in how the same tool is used. Regardless of whether you’ve got a Predator, a Reaper, a police craft, or a $150 backyard hobby rotorcraft, that tool is what it is. What it is is a drone.

I can’t touch on this subject without quoting from George Orwell’s famous essay “Politics and the English Language,” in which Orwell argued that bland and needlessly complicated language was a political act—a symptom of attempts to cover up

This Week in Civil Liberties (05/17/2013)

By Rekha Arulanantham, ACLU at 4:39pm

 

In which state was a Heights High School senior class president suspended and banned from delivering his scheduled convocation speech because of a harmless tweet?

Which political group was unfairly targeted for aggressive enforcement by the IRS?

In which state was a transgender student humiliated by school administrators who misgendered him by placing his name on the ballot for prom queen?

What the Government Says When It Says Nothing

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 1:36pm

On May 8, the ACLU released a slew of government documents obtained from the FBI, U.S. Attorneys' offices around the country, and the Justice Department's Criminal Division concerning the government's access to the contents of private electronic communications. The media has seized upon one of those documents, an undated memo titled, "Guidance for the Minimization of Text Messages over Dual-Function Cellular Telephones." This memo may show that the Criminal Division is doing nothing at all to avoid reading our text messages; it may show great procedures in place to safeguard the privacy our text messages; or, likely, it may have nothing to do with either of those predictions. The public does not know because the Justice Department put a large black box over every word following the header of the 15-page memo.

Just as We Suspected: Florida Saved Nothing by Drug Testing Welfare Applicants

By Rachel Bloom, ACLU at 1:52pm

Over 25 states introduced welfare drug testing legislation similar to Florida's this year.

As Legal Fight Over Contraception Reaches Critical Moment, Where Will The Courts Stand?

By Louise Melling, Center for Liberty at 11:50am

Nearly 60 lawsuits have been filed across the country challenging the federal rule that employers include contraception...

Running Scared in Nebraska: Death Penalty Loving State Senators Hide Behind a Filibuster

By Amy Miller, ACLU of Nebraska & Tyler Richard, ACLU of Nebraska at 2:36pm

This week in Nebraska, a handful of senators – four in particular – used filibusters and frivolous amendments to stall a full debate...