The Supreme Court is considering the case Maryland v. King (thanks to Jennifer Wagner at Genomics Law Report for an excellent and detailed analysis), which turns on whether law enforcement needs a warrant to take the DNA of someone arrested and charged with, but not yet convicted of a crime. Maryland AG Douglas Gansler has [...]
By 2020, Commercial Vendors Will Offer Quantum Encryption
by Alex Marthews on May 14, 2013
One of the major problems with challenging the surveillance state is that it is extremely difficult to prove legally that you have been under surveillance. The only people able to prove it are the government themselves, or (in highly unusual cases) people to whom the government has accidentally disclosed that they are under surveillance. What [...]
Drawing The Line On Drones: Maine, Massachusetts legislators ponder when drones can be used without a warrant
by Alex Marthews on May 9, 2013
Scott Thistle at the Bangor Daily News reports that the Maine Senate is now considering a bill regulating the use of drones. The bill is the result of consultations including legislators of both parties, the ACLU of Maine, and the Defense of Liberty PAC. It imposes a one-year moratorium on the use of drones by [...]
Ace G-Man Knows All: FBI Agent Claims Power to Access Content of All Phone Calls Ever
by Alex Marthews on May 6, 2013
Citizen! Were you under the misapprehension that the terrorist-sympathizing Supreme Court had ruled long ago that law enforcement had to get an actual warrant before accessing the content of your phone calls? Has that thought been keeping you up at night, because it allows people to express potentially un-American thoughts without the FBI being able [...]
Drowning in Data, Starved for Wisdom: The surveillance state cannot meaningfully assess terrorism risks
by Alex Marthews on April 26, 2013
The NSA has just vigorously denied that their new Utah Data Center, intended for storing and processing intelligence data, will be used to spy on US citizens. The center will have a capacity of at least one yottabyte, and will provide employment for 100-200 people. With the most generous assumptions [200 employees, all employed only [...]
Panel Discussion on Privacy and Security, BU, April 24
by Alex Marthews on April 23, 2013
If you are in the BU area on Wednesday evening, come by to hear interesting speakers talking about privacy and security in the wake of the Boston Marathon attacks. Panelists will include Alex Marthews (that’s me!), James O’Keefe of the Massachusetts Pirate Party, and Gregg Housh. RSVP here.
The Fourth Amendment and the Boston Marathon Attacks: Racialized “Reasonable Suspicion” and the Search of the Saudi Marathoner’s Apartment
by Alex Marthews on April 20, 2013
The Boston Marathon attacks have brought to the surface some of the best and the worst in Massachusetts. On the one side, many news sources reported responsibly and refused to speculate too quickly and without foundation about who the bombers were or why they might have done what they did. There seems at this stage [...]
The Boston Marathon: Generalized Surveillance Fails To Thwart Attack
by Alex Marthews on April 15, 2013
Headline updated [x2]. Today, by the finish line of the Boston Marathon, on the same city block as the church I go to, two bombs went off. I feel shocked and sad beyond belief. My thoughts and prayers are with those who died or were hurt, with their families, and with all the people stranded [...]
The IRS Is Up In All Of Your Email, Warrantlessly; but Fret Not, Peons, It Is For Your Own Good
by Alex Marthews on April 11, 2013
The ACLU reported on Wednesday that the IRS may be reading Americans’ emails without a warrant, because all Americans are now terrorists tax evasion is just like terrorism look because they can OK jeez you people with all your Constitution this and Constitution that shut up already!
Microscope Monday: Analysis of Massachusetts’ proposed Liberty Preservation Act, H. 1428
by Alex Marthews on April 8, 2013
The newly formed Massachusetts chapter of PANDA is bringing forward legislation on Beacon Hill to prevent the indefinite detention of American citizens under the National Defense Authorization Act, or NDAA. The notion that the President should be allowed to detain US citizens without trial and without limit in time of war is a horrifying idea, [...]