Blog of Rights

Jay
Stanley
Jay Stanley (@JayCStanley) is Senior Policy Analyst with the ACLU’s Speech, Privacy and Technology Project, where he researches, writes and speaks about technology-related privacy and civil liberties issues and their future.  He is the Editor of the ACLU's "Free Future" blog and has authored and co-authored a variety of influential ACLU reports on privacy and technology topics. Before joining the ACLU, he was an analyst at the technology research firm Forrester, served as American politics editor of Facts on File’s World News Digest, and as national newswire editor at Medialink. He is a graduate of Williams College and holds an M.A. in American History from the University of Virginia.
Modification of image by Thomas Hawk via Flickr

Why Computers Will Get Less Logical, And What it Means For Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:39am
A conversation like this may well take place not far in the future:
Big Data, George Orwell, and Tanks

Big Data, George Orwell, and Tanks

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:33am

I recently came across an interesting passage by George Orwell. It made me think about Big Data.

It is a commonplace that the history of civilization is largely the history of weapons. In particular, the connection between the discovery…

Persistent Aerial Surveillance: Do We Want To Go There, America?

Persistent Aerial Surveillance: Do We Want To Go There, America?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:32am

The Washington Post ran a story Thursday on a technology that I've been very concerned about for a while: persistent aerial surveillance. Specifically, it profiled a company, Persistent Surveillance Solutions, that has been deploying this panoptic…

Amazon and Drones

Amazon and Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 8:04am

Amazon attracted a lot of attention this weekend when, on “60 Minutes,” CEO Jeff Bezos announced a futuristic vision for the company: using drones to make deliveries within 30 minutes to homes in metropolitan areas.

The biggest import of…

Hindu Man Describes Mistreatment After False-Positive Hand Swab

Hindu Man Describes Mistreatment After False-Positive Hand Swab

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 4:40pm

When the TSA in 2010 introduced the swabbing of some passengers’ hands to detect for explosive residue, we got a call from CNN asking if we’d tell them on camera what we thought of it from a privacy standpoint. It seemed to us that particle sniffers…

The NSA, the Constitution, and Collection vs. Use of Information

The NSA, the Constitution, and Collection vs. Use of Information

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:44am

My colleague Alex Abdo has published a nice op-ed in the Guardian this morning on the NSA's dragnet data collection programs, and the Amash Amendment that is currently being considered by the house to curb it. Alex reaches to the heart of the NSA's argument:

The NSA argues that its collection of every American's phone records is constitutional because the agency stores the records in a lockbox and looks at the records only if and when it has a reason to search them. In other words, it claims that the constitution is not concerned with the acquisition of our sensitive data, only with the later searching of it.

This is an extremely dangerous argument. For two centuries, American courts have taken the view that the constitution is concerned with the government's initial intrusion upon privacy, and not only with the later uses to which the government puts the information it has collected. That's why it is unconstitutional for the government, without a warrant, to seize your journal even if it never reads it; to record your phone call even if it never listens to it; or to videotape your bedroom activities even if it never presses play.

Alex also points out that if accepted, there is no limit to the data collection this argument could justify. (See also this post on that point.)

Who Decides?

Who Decides?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 9:32am

I’d like to make one major point about the NSA surveillance scandal that many people have made indirectly, or implicitly, or seem to have assumed, but have not stated baldly and explicitly. That point is how this incident has laid bare the arrogance of our national security officials.

Because there are really two separate issues behind last week’s revelations. The first is, how much surveillance of the American people should the government conduct? The second is, who should decide how much surveillance of the American people the government should conduct?

And on that second question, the government has arrogated to itself the power to make that decision, unilaterally, in secret, on behalf of the American people.

In his only comments on this scandal, President Obama said,

Do Young People Care About Privacy?

Do Young People Care About Privacy?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:00am

Everywhere I go, I hear some variation of the claim that “young people today just don’t care about privacy.” This is something that people widely seem to believe is “just true.” The latest claim to this effect comes in the form of a new poll, the release of which was trumpeted with unfortunate headlines like “Millennials don’t worry about online privacy.”

In fact, the poll, which was conducted by the University of Southern California’s corporate-partnered Center for the Digital Future, showed no such thing. Although there were some differences between younger and older respondents,

New Location Tracking Video Released

New Location Tracking Video Released

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:04pm

Our crack communications staff here at the ACLU have taken the graphical blog post I did on location tracking, and what it might look like in the future, and turned it into a snappy new video.

All of our materials on the various facets of the…

Private Cameras Will Hurt Privacy - But is There a Solution?

Private Cameras Will Hurt Privacy - But is There a Solution?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:09am

The ACLU has long opposed the spread of government video surveillance in American public life. We published this piece, The Four Problems With Public Video Surveillance, way back in February 2002 for example, and we had been saying similar things long…

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