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.
ACLU Tells Parliamentarians That EU Faces a Choice on Surveillance

ACLU Tells Parliamentarians That EU Faces a Choice on Surveillance

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:38am
My colleague Christopher Soghoian testified today before the European Parliament at a hearing on the “Electronic Mass Surveillance of EU Citizens,” which is a response to widespread concern in Europe about the revelations of NSA spying. His brief testimony is worth reading in its entirety, but he told the lawmakers, in essence, that Europe faces a choice:
"Mail Covers" Case Another Reminder That Oversight Is a Constant Battle

"Mail Covers" Case Another Reminder That Oversight Is a Constant Battle

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:35am

Last week I wrote about how a central problem with reliance on the FISA Court as a principal pillar of NSA oversight is that the court, in an environment of extreme secrecy and without an adversarial proceeding, has no reliable means of determining…

Is Law Enforcement Getting Wiser About Its Use of New Technologies?

Is Law Enforcement Getting Wiser About Its Use of New Technologies?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:14am

Some leading police officials around the nation seem to be realizing that high-technology surveillance systems need to be deployed with great care, lest they prompt a public backlash. As the Atlantic Cities pointed out in a piece Friday, the Seattle…

California’s Landmark Commercial Transparency Law: a 10-Year Evaluation

California’s Landmark Commercial Transparency Law: a 10-Year Evaluation

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 3:39pm

In 2003, California passed a landmark piece of legislation called the Shine the Light law, which gave Californians the right to learn how companies share their personal information for “direct marketing purposes.” Now that ten years have passed…

What Powers Does the Civil Liberties Oversight Board Have?

What Powers Does the Civil Liberties Oversight Board Have?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 9:28am

At a time when the Snowden revelations have focused new attention on the question of oversight over our giant national security establishment, many are closely watching the Privacy and Civil Liberties Oversight Board (PCLOB). The PCLOB is a brand new…

The Millennial Generation and Civil Liberties

The Millennial Generation and Civil Liberties

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:28am

Peter Beinart recently published a very interesting article on the Daily Beast making an argument that, if correct, could have very significant implications for privacy and other civil liberties in coming decades.

In essence, Beinart argues…

The National Security State: Why it’s Important to Understand the Nature of the Beast

The National Security State: Why it’s Important to Understand the Nature of the Beast

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 3:48pm

In two recent posts I argued that it is useful to think of the national security establishment as a thoughtless organism prone to certain predictable behaviors such as self-preservation, expansion, and secrecy. But what are the policy implications,…

How NSA Overreach May Backfire Even On Agency’s Own Terms

How NSA Overreach May Backfire Even On Agency’s Own Terms

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:42am

Will the NSA’s sweeping surveillance programs ironically erode the agency’s ability to achieve the mission that it touts as its primary justification for those programs: stopping terrorist attacks? That’s the implication of a piece by the Washington…

CBP Using Its Authorization for Border Use Of Drones as Wedge For Nationwide Use

CBP Using Its Authorization for Border Use Of Drones as Wedge For Nationwide Use

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 1:51pm

The Electronic Frontier Foundation has released a very valuable set of documents it obtained via FOIA from Customs & Border Protection (CBP) on that agency’s use of drones. EFF found that CPB has greatly increased the number of missions that it has flown—inside the border region—on behalf of other state, local and federal agencies. The EFF’s Jennifer Lynch summarizes what they found nicely in this blog post.

All the public discussion around the CBP’s use of drones has centered around their use on the border. As far as I know, CBP’s drone program was intended and authorized by Congress for the purpose of patrolling the nation’s borders. It was not intended to be a general law enforcement drone “lending library,” in which Predator drones (which are quite unlike the small UAVs that police departments around the country are beginning to acquire and deploy) are used for all manner of purposes across the country. Many of those purposes are totally unobjectionable, but if such a system is to be created, it should be only following a full, open, and democratic discussion, and (as Lynch points out) with a strong set of privacy policies. It should certainly not be created in secret by a single federal agency.

Activists Leverage Stronger EU Privacy Laws to Seek More Information on PRISM

Activists Leverage Stronger EU Privacy Laws to Seek More Information on PRISM

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 3:03pm

A group of European activists yesterday filed complaints with European data protection authorities against Apple, Facebook, Google, Microsoft, Skype, and Yahoo alleging that the companies are violating EU privacy law by cooperating with the NSA's PRISM…

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