Blog of Rights

FBI Documents Suggest Feds Read Emails Without a Warrant

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 10:31am

New documents from the FBI and U.S. Attorneys’ offices paint a troubling picture of the government’s email surveillance practices. Not only does the FBI claim it can read emails and other electronic communications without a warrant—even after a federal appeals court ruled that doing so violates the Fourth Amendment—but the documents strongly suggest that different U.S. Attorneys’ offices around the country are applying conflicting standards to access communications content (you can see the documents here).

Last month, in response to a Freedom of Information Act request, the ACLU received IRS documents indicating that the agency’s criminal investigative arm doesn’t always get a warrant to read Americans’ emails. Today we are releasing these additional documents from other federal law enforcement agencies, reinforcing the urgent need for Congress to protect our privacy by updating the laws that cover electronic communications.

The FBI and Electronic Communications: Where’s the Warrant?

The documents we received from the FBI don’t flat out tell us whether FBI agents always get warrants, but they strongly suggest that they don’t.

In 2010, the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages to law enforcement. But that decision only applies in the four states covered by the Sixth Circuit, so we filed our FOIA request to find out whether the FBI

How Can North Dakota Pols Ban Abortion? Let Me Count the Ways.

By Elissa Berger, Advocacy and Policy Counsel, ACLU at 5:31pm

Update: The North Dakota legislature passed a bill today that bans most abortions in the state. Should this bill be signed into law by the governor, North Dakota will become the first state in the nation to ban most abortions.

Some politicians in North Dakota are so intent on taking away a woman’s ability to make personal, private decisions they are pushing a package of bills that, together, would ban abortion, prevent women’s health centers from providing comprehensive care, and block many people’s attempts at even starting a family.

Towns Don't Need Tanks, But They Have Them

By Allie Bohm, Advocacy & Policy Strategist, ACLU & Emma Andersson, Criminal Law Reform Project at 2:59pm

Keene, New Hampshire has a population of 23,409, except during the months of July and August when campers flock in for the summer. Keene's violent crime index? 134.4, compared to a national average of 213.6. Most common crime? Theft. Good thing the federal Department of Homeland Security (DHS) gave Keene money to buy a BearCat, an armored counter-attack vehicle. What is Keene using its BearCat for? Good question.

2013 Has Just Started and We’re In For A Bumpy Ride

By Elissa Berger, Advocacy and Policy Counsel, ACLU at 4:08pm

Think the war on women is over? Think again.

Some politicians have decided to start the 2013 state legislative session by targeting women's reproductive health.

Yesterday in North Dakota, state senators voted on a measure that could be used to ban abortion, restrict treatment for infertility, and threaten access to contraception. If politicians in North Dakota get their way, women would be prevented from seeking abortion and other reproductive health care in the state.

Which State Will Ban Abortion First?

By Elissa Berger, Advocacy and Policy Counsel, ACLU at 1:26pm

Isn't it outrageous that we even have to ask that question?

In Arkansas this week, the State Senate passed a bill that would ban almost all abortions. Within a month, women in Arkansas could be prevented from receiving abortion care, no matter what their circumstances.

In North Dakota, the legislature is poised to vote on set of bills that aim to ban abortion, close down women's health centers, and could prevent couples from using in-vitro fertilization to build their family. The Senate is expected to vote on those bills next week.

If You Thought “The Game” Was Terrifying, Consider the “Hole” Where Michael Douglas’ Son is Currently Locked Alone

By Hilary Krase, ACLU National Prison Project & Sarah Solon, Communications Strategist, ACLU at 12:01pm

Celebrity gossip blogs and major papers are reporting that Cameron Douglas, the son of actor Michael Douglas...

UPS Pushed Me Out Of The Workplace When I Got Pregnant

By Julie Desantis-Mayer at 4:15pm

I've worked at United Parcel Service (UPS) for almost 10 years.  Initially I got this job because I needed a part-time job with benefits while attending college and UPS seemed like an ideal place to work. Reality set in nine years later when I became pregnant.

At the time of my pregnancy I was classified as a full-time driver. The work that a driver does is extremely demanding, and many of those hired don’t actually last. Being a driver is strenuous and physically exhausting. During the busy season I work up to 14 hours a day under harsh conditions, and during the summer rush, the size and weight of the packages explode.

Breaking the Addiction to Incarceration: Weekly Highlights (12/14/2012)

By Alex Stamm, ACLU Center for Justice at 3:56pm

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 our 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.

Silent No More: A Rape Survivor Speaks Out About “Legitimate Rape”

By Rachel Marshall, Washington Legislative Office at 12:55pm

Hi, my name is Rachel and I’m a rape victim. This is not typically how I would introduce myself, but with the current national discourse, I can’t stand by silently anymore. You see, before my freshman year of college I was at a party where I made the mistake of leaving my drink unattended. Just an hour later, I remember stumbling into a bedroom and passing out. The next thing I knew, I was waking up with a man on top of me with several other men in the room. I was instantly paralyzed in shock and fear, but I was able to stop the next man. I think it took a full 24 hours for what had happened to me to set in: I had been raped.

History Is On Our Side: Why the Federal Contraception Rule is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Anthony Rothert, Legal Director, ACLU of Eastern Missouri at 5:26pm

History has a way of repeating itself. Almost five decades ago a court in South Carolina considered a claim that a restaurant owner could refuse to serve African-American customers because integration of the races was against his religious beliefs. The court rejected that claim, and courts went on to do the same when faced with other, similar claims that religion can be used to discriminate.