Free Future

Who Decides?

Who Decides?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 9:32am

I’d like to make one major point about the NSA surveillance scandal that many people have made indirectly, or implicitly, or seem to have assumed, but have not stated baldly and explicitly. That point is how this incident has laid bare the arrogance of our national security officials.

Because there are really two separate issues behind last week’s revelations. The first is, how much surveillance of the American people should the government conduct? The second is, who should decide how much surveillance of the American people the government should conduct?

And on that second question, the government has arrogated to itself the power to make that decision, unilaterally, in secret, on behalf of the American people.

In his only comments on this scandal, President Obama said,

Do Young People Care About Privacy?

Do Young People Care About Privacy?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:00am

Everywhere I go, I hear some variation of the claim that “young people today just don’t care about privacy.” This is something that people widely seem to believe is “just true.” The latest claim to this effect comes in the form of a new poll, the release of which was trumpeted with unfortunate headlines like “Millennials don’t worry about online privacy.”

In fact, the poll, which was conducted by the University of Southern California’s corporate-partnered Center for the Digital Future, showed no such thing. Although there were some differences between younger and older respondents,

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…

Crop of image by Surian Soosay via Flickr

SEC Blocking Update to Electronic Privacy Laws

By Sandra Fulton, ACLU Washington Legislative Office at 3:36pm

During the long, hard fight to bring the outdated Electronic Communications Privacy Act (ECPA) into the 21st century, advocates have run into the most unlikely of opponents: the Securities and Exchange Commission (SEC). Yes, the SEC—the agency charged…

New Location Tracking Video Released

New Location Tracking Video Released

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:04pm

Our crack communications staff here at the ACLU have taken the graphical blog post I did on location tracking, and what it might look like in the future, and turned it into a snappy new video.

All of our materials on the various facets of the…

In Court Today: Challenging DOJ Secrecy on Use of Warrantless Cell Phone Location Tracking

In Court Today: Challenging DOJ Secrecy on Use of Warrantless Cell Phone Location Tracking

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 10:47am

Way back in 2007, we filed a Freedom of Information Act (FOIA) request seeking information about how and when the government obtains cell phone location data without a warrant. Since then, we have learned that the practice of using cell phones as tracking…

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…

State High Courts Realize It's Not 1986 Anymore, Broaden Privacy Protections

State High Courts Realize It's Not 1986 Anymore, Broaden Privacy Protections

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 10:57am

This was posted to privacysos.org.

Technology in the digital age has changed the way the government conducts surveillance against targets, and the law must change accordingly. So ruled two separate state supreme courts in decisions that take…

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…

In Court Today: Defending Medical Records from Warrantless Search

In Court Today: Defending Medical Records from Warrantless Search

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 12:28pm

I will be in federal district court in Oregon today for oral argument in the ACLU’s challenge to the Drug Enforcement Administration’s practice of obtaining Oregon patients’ confidential prescription records without a warrant. We represent patients…