Free Future

Rebooting Net Neutrality

Rebooting Net Neutrality

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 4:33pm
The Federal Communications Commission has taken the first step in rebooting the net neutrality rules. Today's announcement by FCC Chairman Tom Wheeler follows a major D.C. Circuit decision this year, which struck down the existing rules requiring that Internet Service Providers (ISPs) treat all data on the internet equally, while keeping the door open for future FCC action to prevent broadband providers from discriminating against or blocking certain websites or services.
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…

VIDEO: 'We Steal Secrets' Director Discusses WikiLeaks, Manning, and More With the ACLU

VIDEO: 'We Steal Secrets' Director Discusses WikiLeaks, Manning, and More With the ACLU

By Noa Yachot, Communications Strategist, ACLU at 10:13am

Alex Gibney, the Oscar-winning director of the new documentary “We Steal Secrets: The Story of WikiLeaks,” joined the ACLU’s Ben Wizner to talk whistleblowers, accountability, and government efforts to plug leaks.

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The start of the Bradley Manning trial this week comes against the backdrop of a broader crackdown on journalists and their sources, who play a critical role in exposing the government’s growing arsenal of secrets. Gibney and Wizner discuss the charges against Manning, and whether recent investigations—including both those against Fox News reporter James Rosen and WikiLeaks—indicate a creeping criminalization of the journalistic activity that is critical for a healthy democracy.

The result, as “We Steal Secrets” demonstrates—as does “Taxi to the Dark Side,” Gibney’s Oscar-winning documentary exploring the Bush administration’s torture regime—is an erosion of the mechanisms designed to make government both transparent and accountable for its mistakes and even crimes. Gibney asks, “Within the context of a government that’s making everything secret, there comes a point where, if there aren’t leaks, then how are we to hold the government ever to account?”

(WikiLeaks, for its part, took issue with its portrayal in “We Steal Secrets”—read some of the organization’s objections here.)

Photographers' Rights At Issue As Arizona Community Rises Up Against "Occupying Army" of Border Patrol Agents

Photographers' Rights At Issue As Arizona Community Rises Up Against "Occupying Army" of Border Patrol Agents

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 1:10pm

The ACLU of Arizona today sent a letter to the U.S. Border Patrol demanding that the agency immediately stop interfering with the First Amendment rights of the residents of Arivaca, Arizona, to protest and to photograph government activities that are…

Some Thoughts on DMV Image Databases and the Police

Some Thoughts on DMV Image Databases and the Police

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:28pm

The Washington Post has an excellent, in-depth article today on the growing use of driver’s license photo databases combined with face recognition analytics by police.

There are two ways to think about this. First, it is yet another long…

Feds Settle Lawsuit by Bradley Manning Supporter Over Border Laptop Search

Feds Settle Lawsuit by Bradley Manning Supporter Over Border Laptop Search

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:24pm

We announced some excellent news last night: the U.S. has agreed to settle a lawsuit brought by David House over the...

AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records

AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records

By Patrick C. Toomey, Staff Attorney, ACLU National Security Project at 11:36am

Last week we learned that the Department of Justice, in an unprecedented intrusion on the work of journalists, had obtained records for twenty telephone numbers belonging to the Associated Press or its reporters, spanning April and May 2012. The telephone records obtained do not include the content of phone calls, but they likely reveal the phone number of each and every caller on those lines for a period of weeks and, therefore, the identity of scores of confidential media sources.

The seizure of these records came to light only because the government has a special set of guidelines that require it to notify any media organization of a subpoena for its records within (at most) 90 days. The AP appears to have learned of the seizure of its phone records, albeit after the fact, only because of this special policy.

The notice given to the AP has generated a healthy debate over the limits on the government’s authority to acquire our telephone and internet records. But what if you aren’t a media organization and, therefore, do not benefit from the special government policy entitling you to notice when the government obtains your telephone or internet records? What information can the government get about you, and is it even required to tell you when it does so?