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 [...]
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 [...]
FBI-Borg Informs US Private Sector of its Impending Assimilation, Generously Limits Fines for Resistance to $25,000 Per Day Per Violation
by Alex Marthews on May 8, 2013
The FBI has a new proposal afoot to require communications companies doing business in the US to make their communications technologies “wiretap-ready”, to avoid the “going-dark problem”. From Charlie Savage at the New York Times, six hours ago: The Obama administration, resolving years of internal debate, is on the verge of backing a Federal Bureau of [...]
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.
Civil Liberties Commentary on the Boston Marathon Manhunt
by Alex Marthews on April 22, 2013
A variety of excellent commentary over the weekend reflected on the civil liberties implications of the Boston Marathon attacks. Over at Salon, Falguni Sheth and Robert Prasch used a thought experiment (What would have been different if the bombing had happened in 1977, before mass electronic surveillance?) to argue that the vast expenditure on the [...]
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 [...]
Security Mania and the Threat to Civic Life: Tom Brokaw, Edward Davis, and the West Stockbridge Zucchini Festival
by Alex Marthews on April 17, 2013
Tom Brokaw, who in his long career has received every accolade a TV news journalist could receive, reacted on Monday to the Boston Marathon attack as follows: Everyone has to understand tonight, however, beginning tomorrow morning early there’s going to be much tougher security considerations across the country. However exhausted we may be by them. [...]
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 [...]