Free Future

Blurred photo of Supreme Court building

How the Supreme Court Could Have Ruled in Riley

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:17am
Privacy advocates are celebrating the Supreme Court’s recognition in yesterday’s Riley v. California ruling that, as some have succinctly put it, “digital is different.” Chief Justice Roberts’s 9-0 opinion in the case is straightforward and persuasive. But a case that the ACLU argued last year shows just how differently things could have turned out.
Photo of blue pipes

We Want Internet Providers to Respond to Internet Demand, Not Shape It

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:38am

The debate over network neutrality is misguided, Robert McMillan argues in Wired, because amid dismay over the FCC’s proposal to allow ISPs to sell “fast lanes” to companies, people don’t understand that giant internet companies like Google,…

Silhouette of face

Biometrics Industry: Anonymity is Forfeit

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 9:46am

The Department of Commerce has convened a “multistakeholder process” between civil society groups (like the ACLU) and industry groups, with the aim of limiting face recognition as a tool of surveillance in our society by establishing common ground…

stingray device

Internal Police Emails Show Efforts to Hide Use of Cell Phone Tracking

By Maria Kayanan, Associate Legal Director, ACLU of Florida at 9:01pm

As we suspected, local law enforcement officials are borrowing cell phone tracking devices known as “stingrays” from the U.S. Marshals Service—and police are deliberately concealing the use of stingrays in court documents submitted to judges…

Trickle Down Surveillance

Trickle Down Surveillance

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 11:22am

Cell site simulators, also known as "stingrays," are devices that trick cellphones into reporting their locations and identifying information. They do so by mimicking cellphone towers and sending out electronic cues that allow the police to enlist…

Car in blurry lights

Federal Court Rules on One of the Major Outstanding Constitutional Privacy Questions of Our Time

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 9:13am

In a tremendous step forward for our right to privacy under the Fourth Amendment, the Eleventh Circuit Court of Appeals has held in United States v. Quartavious Davis that police need a warrant to obtain historical cell phone location information from…

photograph of cancer cells under microscope

Secrecy is a Cancer on Our Democracy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:25am

In our 2011 ACLU report on secrecy "Drastic Measures Required," my co-author Mike German and I wrote that "American democracy has a disease, and it's called secrecy." Government secrecy, we wrote, "is growing like a cancer in our democracy."

Events…

Photo of stingray at bottom of ocean

VICTORY: Judge Releases Information about Police Use of Stingray Cell Phone Trackers

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 3:12pm

A Florida judge has sided with the ACLU to order release of information about police use of “stingrays,” which are invasive surveillance devices that send out powerful signals to trick cell phones into transmitting their locations and identifying…

filing cabinet

U.S. Marshals Seize Local Cops’ Cell Phone Tracking Files in Extraordinary Attempt to Keep Information From Public

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 12:13pm

A run-of-the-mill public records request about cell phone surveillance submitted to a local police department in Florida has unearthed blatant violations of open government laws, including an incredible seizure of state records by the U.S. Marshals…

Cell phone tower

New York Court Recognizes Privacy-Invasive Nature of Cell Tower Dumps But Stops Short of Requiring a Warrant

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 5:49pm

A magistrate judge in New York has become only the second federal judge to issue a public ruling addressing the lawfulness of so-called “tower dumps”—the intrusive practice by which the government acquires location information for hundreds or…