Government Secrecy

Government Refusing To Say Whether Phone Tracking Evidence Came From Mass Surveillance

Government Refusing To Say Whether Phone Tracking Evidence Came From Mass Surveillance

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 8:36am
In criminal cases, defendants have a right to know what evidence the government plans to use against them and how the government gathered that evidence. This basic due process principle is essential: it allows defendants to test in court whether law enforcement officers obtained evidence in violation of the Fourth Amendment. But in a new legal brief, the government has refused to confirm or deny whether it relied on constitutionally questionable mass surveillance programs to gather evidence for a criminal prosecution.
On the Prospect of Blackmail by the NSA

On the Prospect of Blackmail by the NSA

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:47am

Sometimes when I hear public officials speaking out in defense of NSA spying, I can’t help thinking, even if just for a moment, “what if the NSA has something on that person and that’s why he or she is saying this?”

Of course it’s…

A Call for FBI Reform

A Call for FBI Reform

By Matthew Harwood, Media Strategist, ACLU at 12:00pm

Early this summer, the Guardian published a monster story. According to a document it obtained from a government whistleblower...

The Ten Most Disturbing Things You Should Know About the FBI Since 9/11

The Ten Most Disturbing Things You Should Know About the FBI Since 9/11

By Matthew Harwood, Media Strategist, ACLU at 12:24pm

Next Tuesday, James Comey will have his first job interview for succeeding Robert Mueller as director of the FBI.

Members of the Senate Judiciary Committee will not only have the chance to determine whether Comey is qualified for the job—and…

Under the FISA Amendments Act, Your Calls and Emails Can’t Be "Targeted," But They Can Certainly Be Collected

Under the FISA Amendments Act, Your Calls and Emails Can’t Be "Targeted," But They Can Certainly Be Collected

By Brett Max Kaufman, Legal Fellow, ACLU National Security Project at 2:59pm

In recent days, government officials have lined up to assuage Americans' fears...

TSA Once Again Considering Using Commercial Data To Profile Passengers

TSA Once Again Considering Using Commercial Data To Profile Passengers

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:09am

The TSA has issued a “Market Research Announcement” in which the agency expresses a desire to expand its Pre-Check whitelist program by allowing private companies to carry out risk analysis of Americans that would determine whether they…

Guantánamo Dispatch: Arguing for the First Amendment

Guantánamo Dispatch: Arguing for the First Amendment

By Zach Levine, ACLU National Security Project at 5:18pm

With the world watching, a pre-trial hearing got underway this week in the Guantánamo military commission prosecution of the five alleged 9/11 co-conspirators. Prime among the issues before the military judge was how transparent the commissions…

New Results From Our Nationwide Cell Phone Tracking Records Requests

New Results From Our Nationwide Cell Phone Tracking Records Requests

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 2:04pm

It’s been over a year since 35 ACLU affiliates filed over 380 public records requests with state and local law enforcement agencies seeking information about their policies, procedures, and practices for tracking cell phones. And 13 months later…

What We Know About License Plate Tracking, What We Don't, And Our Plan to Find Out More

What We Know About License Plate Tracking, What We Don't, And Our Plan to Find Out More

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 12:31pm

Today the ACLU is launching a nationwide effort to find out more about automatic license plate readers (ALPR). By snapping photographs of each license plate they encounter—up to three thousand per minute—and retaining records of who was…

Ninth Circuit Presses Government Lawyer on Watch Lists: “What Would You Do?”

Ninth Circuit Presses Government Lawyer on Watch Lists: “What Would You Do?”

By Ben Wizner, Director, ACLU Speech, Privacy & Technology Project at 1:53pm

A few weeks ago, Jay Stanley posted here about some of the dangers of “Big Data,” a sanitized term for data mining. When it’s employed by government security agencies in the search for terrorists, Jay wrote, there’s a substantial…

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