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.
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 since that law was enacted, my colleagues at the ACLU of California have written a report evaluating how the law has turned out—and looking at the role of transparency in general when it comes to private companies and their handling of privacy.
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…

Is the Security State Mainly Looking Out For Us, Or For Itself? Two Paradigms Compared

Is the Security State Mainly Looking Out For Us, Or For Itself? Two Paradigms Compared

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:04am

Edward Snowden’s whistleblowing has generated much debate within the United States over whether his leaking of NSA documents was a heroic act or something deserving of punishment. And the NSA activities that he has revealed have similarly generated…

On the Prospect of Blackmail by the NSA

On the Prospect of Blackmail by the NSA

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:47am

Sometimes when I hear public officials speaking out in defense of NSA spying, I can’t help thinking, even if just for a moment, “what if the NSA has something on that person and that’s why he or she is saying this?”

Of course it’s…

Accountability vs. Privacy: The ACLU’s Recommendations on Police Body Cameras

Accountability vs. Privacy: The ACLU’s Recommendations on Police Body Cameras

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:00am

Today we’re releasing our policy recommendations on police “body cameras” (also called “on-officer recording systems” or “cop cams”), small cameras that clip on to an officer’s uniform and record audio and video of the officer’s interactions…

Albert Einstein on America Since 9/11

Albert Einstein on America Since 9/11

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:13am

I recently came across the following quote from Albert Einstein which, if you just sub out “Communism” and replace it with “terrorism,” pretty much nails our current situation:

America is incomparably less endangered by its own Communists…

Celebrities, the Police, and Surreptitious DNA Collection

Celebrities, the Police, and Surreptitious DNA Collection

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:54am

Actress Mia Farrow made gossip-news headlines this week when, asked by Vanity Fair whether her former husband Frank Sinatra was the father of her son Ronan, rather than Woody Allen as broadly understood, she replied, “possibly.” She said that no…

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…

What Makes Presidents Turn Into Hard Core Defenders of the Security State? Seven Possible Explanations

What Makes Presidents Turn Into Hard Core Defenders of the Security State? Seven Possible Explanations

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:45am

I recently wrote about how it can be useful to think of our national security state in institutional rather than personal or political terms—as a gigantic organism that displays certain consistent behaviors. And I speculated about how this organism can be both less intelligent and less moral than the individuals who make it up.

At the same time, it is undoubtedly true that some individuals within the national security state—the leadership—have great direct power to alter its character and direction. So why don’t they? Those individuals come from a wide variety of political and life backgrounds. But despite that fact, the overall behavior of the security establishment seems to be relatively consistent.

This is true up to the presidential level. In interviews about his whistleblowing decision, Edward Snowden has talked about his disillusionment with President Obama when it comes to reining in the national security state. This is a disillusionment that we share. Before he took office Obama seemed sympathetic to the criticism of the Bush Administration over the excesses of the national security state. So what happened?

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,…

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