Blog of Rights

"We Don't Need a Warrant, We're ICE"

By Lindsay Kee, ACLU of Tennessee at 5:46pm

On the night of October 20, 2010, Angel Escobar and Jorge Sarmiento were in their beds in their small, two-bedroom apartment in the Clairmont complex in Nashville. Several roomates and friends were in other rooms. The doors and windows were all shut and locked. Suddenly there was a loud banging at the door and voices shouting "Police!" and "Policia!" When no one answered, the agents tried to force the door open. Scared, occupants hid. Immigration and Customs Enforcement (ICE) agents began hitting objects against the bedroom windows, trying to break in. Without a search warrant and without consent, the ICE agents eventually knocked in the front door and shattered a window, shouting racial slurs and storming into the bedrooms, holding guns to some people’s heads. When asked if they had a warrant, one agent reportedly said, "We don't need a warrant, we're ICE," and, gesturing to his genitals, "the warrant is coming out of my balls."

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.

Surveillance and Security Lessons From the Petraeus Scandal

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:24pm

When the CIA director cannot hide his activities online, what hope is there for the rest of us? In the unfolding sex scandal that has led to the resignation of David Petraeus, the FBI’s electronic surveillance and tracking of Petraeus and his mistress Paula Broadwell is more than a side show—it's a key component of the story. More importantly, there are enough interesting tidbits (some of which change by the hour, as new details are leaked), to make this story an excellent lesson on the government’s surveillance powers—as well as a reminder of the need to reform those powers.

Maryland Stands Up for Pregnant Workers

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 5:22pm

Yesterday, Maryland's governor signed into law legislation protecting pregnant women from workplace discrimination. This should be a no-brainer.

Picture this: you have a good job, you have medical benefits, you're financially stable, and you decide it's time to start a family. Sounds reasonable, right? But what would you do if your employer decided to place you on unpaid leave and cut your medical benefits because you're pregnant? You might take your employer to court.

Yes, the U.S. Wrongfully Deports Its Own Citizens

By Esha Bhandari, Equal Justice Works Fellow, ACLU at 11:48am

This week's New Yorker features the harrowing ordeal of Mark Lyttle, a U.S. citizen with mental disabilities who was deported to Mexico. Lyttle was born in North Carolina and has psychiatric and cognitive disabilities. He was inexplicably referred to Immigration and Customs Enforcement (ICE) in 2008 after being misidentified as an undocumented immigrant from Mexico even though he had never been to Mexico, shared no Mexican heritage, and did not speak any Spanish. As the New Yorker article notes, "Lyttle is brown-skinned," and "the vagaries of race and ethnicity obviously played a part" in causing him to be singled out for immigration enforcement.

How Long Is Your Cell Phone Company Hanging On To Your Data?

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 10:17am

A Justice Department chart released to the ACLU through a public records act request reveals the location data retention policies of the major mobile carriers. What's your carrier's policy?

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 on whether Nebraska is done with capital punishment. Why are these foes of justice running scared? Why were they afraid of having a real vote on the death penalty?

You. That's why. Popular support for the death penalty has waned with each passing year as more people learn the true facts about the criminal justice system's errors and prejudices. Look at the recent end of capital punishment in Maryland, Illinois, New Mexico, New Jersey and New York. These senators know that a growing number of Nebraskans are done with our state's broken death penalty system.

"Ag-Gag" Not Just About Animal Welfare

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:54am

A story out of Utah this week neatly showcased the rising concerns among civil liberties and press freedom groups around so-called "ag-gag" laws, which, in various ways, make it illegal to document animal abuse on factory farms and other agricultural businesses. In Utah, authorities charged a local woman with taking photographs of animal cruelty from a public vantage point, and then quickly dropped the charges after significant public outcry.

Is Retroactive Telecom Immunity Unconstitutional?

By Glenn Greenwald at 11:46am

When Congress enacted and the President signed into law the FISA Amendments Act of 2008, some of the nation's largest telecommunications companies were given an extraordinary gift: full-scale immunity from the pending lawsuits brought by their customers, who had alleged that their privacy and other rights were violated by the telecoms' participation in the Bush administration's illegal spying program. There are, however, several reasons for believing that this telecom immunity provision is unconstitutional, violative of several different constitutional guarantees.

"Reflection Cottages": The Latest Spa Getaway or Concrete Solitary Confinement Cells for Kids?

By Kiela Parks, Advocacy Associate, ACLU of Colorado at 12:06pm

When you hear the term "reflection cottage," what comes to mind? A relaxing spa getaway...