Free Future

Painting of family riding in 1962 Chevrolet Corvair Monza

License Plate Scanners Also Taking Photos of Drivers and Passengers

By Sonia Roubini, ACLU Speech, Privacy, and Technology Project at 10:01am
The Drug Enforcement Administration is using its license plate reader program not only to track drivers’ locations, but also to photograph these drivers and their passengers, according to newly disclosed records obtained by the ACLU via a Freedom of Information Act request.
SPOT Off

SPOT Off

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 3:58pm

Lost in all the news about the NSA program this week was the release of a devastating report by the DHS Inspector General on the TSA’s SPOT program (first reported by the New York Times on Sunday). The new report underscores what a waste of money that program has been. After hiring 2,800 full-time staff and spending an estimated $878 million since FY 2007, the program remains deeply misguided not only in its very concept, but also in how it has been implemented.

SPOT (which stands for Screening of Passengers by Observation Techniques) is the program that places “Behavior Detection Officers” (BDOs) near airport security lines, where by intrusively chatting with fliers, they will supposedly be able to detect “something amiss” that might suggest a passenger is planning a terrorist attack.

The program has always been ludicrous. In testimony at a 2011 congressional hearing on SPOT, psychologist Dr. Maria Hartwig summarized the decades of empirical research on the detection of deception, which is basically

ACLU to Court: Government Spying Invades Privacy of Each and Every American

ACLU to Court: Government Spying Invades Privacy of Each and Every American

By Alex Abdo, Staff Attorney, ACLU Speech, Privacy, and Technology Project at 5:03pm

Last night, we filed the opening brief in our lawsuit challenging the NSA’s ongoing collection of the call records of virtually everyone in the United States, including the ACLU’s. We’re asking the court for a preliminary injunction ordering…

closeup of camera lens

Body-Worn Cameras Should Not Expand Beyond Law Enforcement

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 12:34pm

The Guardian reported last week that Miami Beach is planning on expanding the use of body cameras beyond the police to include “meter maids,” code enforcement officers, and building and fire inspectors. This use of the technology does not make…

I Like Ike

I Like Ike

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 8:09am

“I Like Ike” is one of the most well-known and catchiest political slogans of all time. According to a decision that was issued by a federal judge in Virginia a few days ago, however, the modern-day equivalent—saying that you "like"…

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…

Image of radio signal in sky

ACLU Fights for Limits on Secret Phone Tracking

By Samia Hossain, William J. Brennan Fellow, ACLU Speech, Privacy, & Technology Project at 11:08am

In March of this year, Robert Harrison had a cell phone with him while he was inside his home. Though he has kept and used a cell phone as long as any of us, this time, things were different.

Unbeknownst to Harrison, Baltimore police officers…

"Drones" vs "UAVs" -- What's Behind A Name?

"Drones" vs "UAVs" -- What's Behind A Name?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 9:00am

Representatives of the drone industry and other drone boosters often make a point of saying they don’t like to use the word “drones.” When my colleague Catherine Crump and I were writing our drones report in 2011, we talked over what terminology we should use, and decided that since our job was to communicate, we should use the term that people would most clearly and directly understand. That word is “drones.”

Drone proponents would prefer that everyone use the term “UAV,” for Unmanned Aerial Vehicle, or “UAS,” for Unmanned Aerial System (“system” in order to encompass the entirety of the vehicle that flies, the ground-based controller, and the communications connection that connects the two). These acronyms are technical, bland, and bureaucratic. That’s probably their principal advantage from the point of view of those who want to separate them from the ugly, bloody, and controversial uses to which they’ve been put by the CIA and U.S. military overseas.

I suppose there is a case to be made that domestic drones are a different thing from overseas combat drones. Certainly, there’s a wide gulf separating a $17 million Reaper drone armed with Hellfire missiles and a hand-launched hobbyist craft buzzing around somebody’s back yard. But drone proponents themselves would be the first to say that drones are a tool—one that can be used for many different purposes. They can be used for fun, photography, science, surveillance, and yes, raining death upon people with the touch of a button from across the world. Even the overseas military uses of drones vary, including not just targeted killing but also surveillance and logistics.

Putting aside well-founded fears that even domestically we may someday see the deployment of weaponized drones, in the end, the difference between overseas and domestic drones is a difference in how the same tool is used. Regardless of whether you’ve got a Predator, a Reaper, a police craft, or a $150 backyard hobby rotorcraft, that tool is what it is. What it is is a drone.

I can’t touch on this subject without quoting from George Orwell’s famous essay “Politics and the English Language,” in which Orwell argued that bland and needlessly complicated language was a political act—a symptom of attempts to cover up

Photo of police officer speaking to civilian

Should Officers Be Permitted to View Body Camera Footage Before Writing Their Reports?

By Peter Bibring, Director of Police Practices for the ACLU of Southern California & Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 12:14pm

Update below

A police officer wearing a body camera shoots a civilian. Afterwards, the officer has to write up a report about the incident. Should the officer be able to view the footage captured by his body camera (or other cameras) before…

Cell phone tower

Cell Phone Records Can Show Where You Sleep and Where You Pray

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 10:29am

The Sixth Circuit Court of Appeals has become the latest federal appeals court to consider the question of whether law enforcement needs a warrant before it obtains cell phone location data. We have (with allies) filed an amicus brief in this case,…