The American Civil Liberties Union (ACLU) filed suit against Clearview AI, Inc. (Clearview AI) in March 2020, alleging that it violated the Illinois Biometric Information Privacy Act (BIPA) by capturing and using billions of individuals’ faceprints without consent. The ACLU filed suit “on behalf of groups representing survivors of domestic violence and sexual assault, undocumented
Proposed EARN IT Act Sparks Controversy
Senators Richard Blumenthal (D-CT) and Lindsay Graham (R-SC) have reintroduced the EARN IT Act for congressional consideration. The proposed bill, titled in full the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2022,” seeks to crack down on the proliferation of child sexual abuse material online. The Act would establish a bipartisan National…
Portland City Council Bans Use of Facial Recognition Technology
On September 9, 2020, the Portland, Oregon City Council voted unanimously to ban the use of facial recognition technology by the city government, including the police department, following similar actions by the cities of Boston and San Francisco. According to one Council member, “[T]his technology just continues to exacerbate the over-criminalization of Black and brown…
Is this City Monitoring Me?
In Coral Gables, Florida, a judge refused to dismiss a lawsuit over the city’s use of automated license plate readers to scan license plates. This technology has faced a number of lawsuits over concerns about the collection and storage of data. The Coral Gables lawsuit stemmed from a Miami suburb resident who filed a request…
Washington State Increases Drone Fleet to 111 Drones
Over only a few years’ time, Washington State Patrol (the Patrol) has built a drone fleet of 111 drones. The Patrol says that it uses these small drones for crash investigations and fatality scenes, and not for surveillance purposes. Detective Sergeant Clint Thomas said that roughly 100 state troopers and detective across the state are…
Flying with Your Data – ACLU sues the TSA Over Domestic Electronic Device Searches
If you’ve flown domestically in the last year, you know the drill. Take off your jacket, belt, and shoes and place them in a bin. Remove your quart-sized bag of 3.4 oz liquids and place them on top. Pull out your laptop, iPad, e-reader, gaming device, and any other electronic device larger than a cell…
U.S. Supreme Court Will Hear Mobile Phone Privacy Case
The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of robberies of Radio Shacks and T-Mobile stores in metro Detroit and Ohio over a two-year period.
Timothy Ivory Carpenter, who was sentenced in 2014 in U.S. District Court, was alleged to have organized the robberies and cell phone data obtained without a warrant from his provider was presented at his trial that indicated, according to an expert witness, that he was in the vicinity of the robberies when they occurred.
On appeal, Carpenter and another defendant, both of whom were represented by the American Civil Liberties Union and other groups, argued that data revealing the locations of their cell phones supplied to investigators by wireless carriers should have been excluded from trial. They argued that because those records were created for the purpose of determining the costs of their cell phone bills, collecting that data violated constitutional protections against unreasonable searches and seizures.
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Massachusetts DOT Seeks to Retain Driver Data from the State Turnpike
The Massachusetts’ State Department of Transportation (MassDOT) has proposed a policy by which they would retain drivers’ speed data for 30 days after it is collected on the Massachusetts Turnpike through its new all-electronic toll stations.
MassDOT explains that the speed data must be collected in order to synchronize the new tolling system’s cameras so…
Drone experts say human and machine should be treated the same when it comes to privacy and security
Last week I attended the International Conference on Unmanned Aircraft Systems (ICUAS) in Arlington, Virginia. An “Ethics and Engineering” panel set forth some interesting questions for those individuals and businesses interested in becoming part of the drone community. However, as more and more drones hit the skies, more and more privacy and security concerns arise.…
Privacy Tip #22 – ACLU of California releases practical privacy guidance for businesses
The ACLU of California has published the Third Edition of Privacy & Free Speech: It’s Good for Business a 42 page “roadmap” of how businesses can promote privacy and free speech and be a leader in respecting individuals’ privacy and the right to free speech. The gist is that being a leader in protecting individuals’…