Blog of Rights

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

By Noa Yachot, Communications 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 These latest developments reinforce what has long been clear: it is well past time to modernize ECPA, the egregiously outdated law that governs our electronic privacy but hasn't been updated since 1986, before the World Wide Web was even invented.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:

Breaking the Addiction to Incarceration: Weekly Highlights (05/17/2013)

By Alex Stamm, ACLU Center for Justice at 4:04pm

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.

Momentum Continues to Build for Narrowing ENDA's Religious Exemption

By Ian S. Thompson, ACLU Washington Legislative Office at 1:28pm

The momentum behind efforts – strongly supported by the ACLU – to narrow the current sweeping, unprecedented religious exemption...

Chertoff on Google Glass

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:56pm

We’ve been doing a fair amount of thinking about the implications of consumer wearable cameras like Google Glass, and I’m sure we’ll have more to say in this space on the subject. But meanwhile, we’re pleasantly surprised to report a very trenchant analysis of the technology’s implications for our privacy by none other than Michael Chertoff. Writing on CNN’s web page, the former DHS chief writes,

So, who owns and what happens to the user's [video] data? Can the entire database be mined and analyzed for commercial purposes? What rules will apply when law enforcement seeks access to the data for a criminal or national security investigation? For how long will the data be retained? ….

Even those who might be willing to forgo some degree of privacy to enhance national security should be concerned about a corporate America that will have an unrestricted continuous video record of millions.

What is to prevent a corporation from targeting a particular individual, using face recognition technology to assemble all uploaded videos in which he appears, and effectively constructing a surveillance record that can be used to analyze his life?

Chertoff says he’s inclined to think that government regulation may be needed. I haven’t seen Chertoff say anything about the threat of pervasive government surveillance, which would make him a kind of anti-libertarian on privacy—in favor of restricting corporations, but not the government. For the average, relatively powerless person trying to live their life, the threat comes from both directions.

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).

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.

Barbara Brenner, 1951-2013

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 11:00am

The ACLU mourns the loss of a great leader, tenacious activist, and close friend of the organization. Barbara Brenner, the longtime director of Breast Cancer Action ("BCA"), was a frequent and trusted ACLU collaborator – as an employee at the ACLU of Southern California's women's rights project, as a law intern at the ACLU of Northern California, as an affiliate and national board member, as a cooperating attorney, and, most recently, as a client.

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.

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.

Keeping the Government Out of Your Smartphone

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:48am

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.