Free Future

Status of Location Privacy Legislation in the States

Status of Location Privacy Legislation in the States

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:00am

In the wake of the NSA revelations, there has been an avalanche of state bills requiring law enforcement to obtain a probable cause warrant before tracking an individual’s location in an investigation. Most state legislators know they can’t control the NSA—but they can control their state and local law enforcement, which are engaging in some of the same invasive practices. The trend actually started in the wake of the ACLU’s nationwide public records requests on location tracking and the 2012 U.S. v. Jones decision, when Montana and Maine enacted the first two location tracking laws in the country—the recent revelations have simply increased the momentum.

Working closely with our lobbyists in state capitols around the country, we’ve been tracking this activity and working hard to make sure these privacy-protective bills become law. The chart below shows the current status of state legislation as we understand it. We will keep this chart up-to-date as we receive new information.

Crop of image by David D/C via Flickr

Have We Become a “Surveillance State”? A Five-Part Test

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:14am

At a panel in Toronto recently I was asked whether I thought the United States had become a “surveillance state.” How to answer that question? At first glance it’s an impossibly fuzzy question, the answer to which is relative depending on whether…

Crop of photo by Arlo Bates via Flickr

Utah Enacts Significant Location and Communications Privacy Bill

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:53pm

On Monday, Utah became the first state to enact legislation simultaneously protecting location information and electronic communications content, regardless of age, from government access—ensuring that state and local law enforcement can only access…

Crop of image by afagen via Flickr

Dear Mr. President: Walk the Walk on Big Data

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:28pm

In the wake of the NSA scandals and daily corporate privacy invasions, the president asked one of his senior advisors, John Podesta, to perform a quick 90-day review of “big data” (corporate jargon for privacy) and lay out what next steps his administration…

Modification of image by jpstanley with map by jepoirrier via Flickr

Cell Tower Dumps: Another Surveillance Technique, Another Set of Unanswered Questions

By Katie Haas, Speech, Privacy, and Technology Project at 11:58am

Today, the ACLU filed a Freedom of Information Act request with the FBI, the DEA, the Secret Service, and several other agencies asking for information about a surveillance technique known as a “cell tower dump.” If you’re wondering what that…

Florida "Surveillance State" license plate

Local Police in Florida Acting Like They’re the CIA (But They’re Not)

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 10:00am

The City of Sunrise, Florida, tried to take a page from the CIA’s anti-transparency playbook last week when it responded to an ACLU public records request about its use of powerful cell phone location tracking gear by refusing to confirm or deny…

Government Agency Proposes Datamining Individuals' Financial Transactions

Government Agency Proposes Datamining Individuals' Financial Transactions

By Sandra Fulton, ACLU Washington Legislative Office at 4:13pm

The endless tide of NSA revelations has made us all too familiar with government agencies’ hunger for personal information, especially in the context of national security. But we’re also seeing surveillance systems being set up by smaller, less…

Photo: LDProd/Shutterstock

Fighting Against Phony Location Privacy Protections in the States

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 9:44am

A new battleground has opened up in the war over who has access to our electronic data trails: legislation is now being debated in states across the country to require a warrant for law enforcement access to location information in criminal investigations.…

Crop of image by x ray delta one via Flickr

Ad Industry Feeds White House Its Fallacious “Internet Depends on Spying” Logic

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

Representatives of the online advertising industry headed to the White House last week to speak with the task force on “big data and privacy” that President Obama asked advisor John Podesta to head up. The executives said they would bring the White…

Photo of Stingray from U.S. Patent and Trademark Office

Documents Reveal Unregulated Use of Stingrays in California

By Linda Lye, Staff Attorney, ACLU of Northern California at 4:37pm

Local law enforcement agencies across the Bay Area have so-called stingray devices, a powerful cellphone surveillance tool, and more are planning to acquire the technology, according to public records recently obtained by Sacramento News10. The devices…