Blog of Rights

Tale of Two Marriages

By Lorraine Kenny, Center for Liberty at 11:53am

This is the story of two couples; two couples who come out of the same post-war generation, and who built their lives around the same emotional core of love, commitment, and devotion to one another. And yet, their relationships were marked very differently by history and by the laws that governed their lives.

The Asymmetry Between Past and Future, and Why it Means Mass Surveillance Won’t Work

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:39am

Former Senator Joseph Lieberman recently charged that mistakes by U.S. security agencies were responsible for failing to stop the Boston Marathon bombing. I recently wrote about how mass surveillance makes this kind of recrimination inevitable, because once a government agency spies on a person, they become in a sense responsible for any actions that that person takes. To paraphrase Colin Powell, we might sum it up as “You surveil him, you own him.”

I recently came across a good analogy for why it’s deceptively hard for security agencies to detect and stop out-of-nowhere terrorist attacks like the Boston bombing—and why mass surveillance isn’t likely to help. It comes from the book The Drunkard’s Walk: How Randomness Rules Our Lives, by the physicist and writer Leonard Mlodinow, in a discussion of Brownian motion.

Brownian motion, you may recall, is the random jiggling of molecules in a liquid or other substance. A dye molecule floating in a seemingly still glass of water will randomly move about, covering about an inch in three hours, buffeted by random collisions with the smaller water molecules that surround it.

What would it take to actually explain the motion of that molecule? This is where the parallel to anti-terrorism efforts comes in. Mlodinow points out, “In any complex string of events in which each event unfolds with some element of

Immigration Reform: Week One is Done

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 10:31am

Only a few short weeks ago, the so-called Senate Gang of Eight – four Republicans and four Democrats committed to producing a bipartisan immigration reform bill – released a bill exceeding 800 pages representing work dating back to November.  Last week, the Senate Judiciary Committee convened for the first day of mark-up – a process whereby all committee members have the chance to offer amendments to the bill before it proceeds to consideration by the full Senate.

IRS Abuses Power in Targeting Tea Party

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office & Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:58am

The extraordinary revelation this week that the Internal Revenue Service targeted tea party groups for more aggressive enforcement highlights exactly why caution is needed in any response to the much-vilified Supreme Court decision in Citizens United v. FEC.

This Week in Civil Liberties (05/10/2013)

By Rekha Arulanantham, ACLU at 5:02pm

The Supreme Court of which state granted a stay of execution to Willie Manning, who may be innocent of the crime for which he was convicted?

True or false? Eye-tracking technology could pose a risk to privacy if inappropriately used to discover drug and alcohol use, mental and psychological illnesses, sexuality and other traits and behaviors.

Documents released this week suggest that which federal agencies read private emails without obtaining a warrant first?

Breaking the Addiction to Incarceration: Weekly Highlights (05/10/2013)

By Alex Stamm, ACLU Center for Justice at 4:22pm

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks.

Forced to Choose Between My Job and Starting a Family? Where's Congress When You Need Them?

By Julie Desantis-Mayer at 3:41pm

Earlier this year, I wrote about being pushed out of my job because I was pregnant. It’s still hard for me to believe that I was put in the position of choosing between staying on the job while pregnant, and the health of my baby.

I have a good job at United Parcel Service (UPS) and had worked there for almost 10 years. I am a full time driver, and that work can be very demanding and strenuous. I often work up to 14 hours a day, and during the rush seasons, like Mother’s Day, the size and weight of the packages explodes. Despite that, I like my job and am glad to be able to support myself and my family.

VIDEO: Is Law Enforcement Reading Your Email Without a Warrant?

By Noa Yachot, Communication Strategist, ACLU at 2:38pm

The FBI doesn't think it needs a warrant to read emails and other electronic communications – despite the fact that a federal court has ruled that doing so violates the Fourth Amendment. Ben Wizner appeared today on Democracy Now! to discuss this and other ACLU revelations regarding government surveillances practices.

The ACLU this week released documents that paint a disturbing picture of the authority the government claims to access a wide range of our communications – from emails to Facebook messages and much more. These latest developments reinforce what has long been clear: it is well past time to modernize ECPA, the egregiously outdated law that governs our electronic privacy but hasn't been updated since 1986, before the World Wide Web was even invented. As Wizner said:

Two Minutes in the Life of an Innocent Man Recently Freed from Death Row

By Denny LeBoeuf, Capital Punishment Project at 11:44am

After fifteen years on Louisiana's death row, Damon Thibodeaux was exonerated, the courts finally recognizing his innocence. He has moved to Minneapolis and is getting on with his life.

Watch the video on Damon Thibodeaux's exoneration

Watch the video here.

Damon's birthday and mine are two days apart, and for many years we would "celebrate" together while he was on death row. When I visit him this summer in Minneapolis to carry on our tradition, I expect we will have a MUCH better party.

How Social Networks Short-Circuit Our Inborn Privacy Intuitions

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:58pm

A few years ago, one of our ACLU state affiliates received a request for help from a man who had set up a marijuana grow operation in his home. He was apparently quite proud of what he built, because he bragged about it not only to his friends, but also to his Facebook “Friends.” Unfortunately, one of his Friends was Friends with a police officer a thousand miles away in Florida. That police officer called up his colleagues in