News & Commentary

The San Francisco Police Department has agreed to stop warrantless searches of cellphones of people who are arrested. This is the result of a settlement announced today in the ACLU-NC's lawsuit against SFPD over this practice.

The United States Supreme Court unanimously acknowledged what common sense tells us and everyone who owns a cell phone (yes, that would be just about everyone) already knows: Our cell phones have a whole lot of private information about us. The Court therefore held that cops need a warrant to search a cell phone.

One year ago today, whistleblower Edward Snowden confirmed that the NSA was secretly engaged in a massive program of warrantless surveillance of the American people. Since then, the ACLU has worked both in the courts and in Congress to halt the agency’s abuses of power and violations of our constitutional rights. But the NSA isn’t the only agency guilty of dragnet surveillance without oversight. State and local governments have adopted surveillance technology at an astonishing rate, often without the public’s oversight and approval, and in some cases even hiding their use from the courts. Just like the NSA, our state and local agencies need to be transparent and accountable to the people they serve.

As technology advances and it becomes easier to amass consumers’ personal information, these state-driven solutions will be essential to ensuring our privacy is not left behind.

Last week’s decision by a federal appeals court allowing an expensive and multi-year lawsuit to go forward against San Francisco is a reminder of the immense cost—both to civil liberties and the public fisc—that can follow a community’s failure to have a thorough public discussion about surveillance technology and adopt legally enforceable safeguards if it is going to be used.

Exciting news. The White House Big Data Report, Big Data: Seizing Opportunities, Preserving Values, was released today. While it does not address all of the ACLU’s concerns, the report recognizes the importance of moving forward on several legal and policy areas that have been a focus of our work here in California for several years.

Local law enforcement agencies across the Bay Area have so-called stingray devices, a powerful cellphone surveillance tool, and more are planning to acquire the technology, according to public records recently obtained by Sacramento News10. The devices are highly intrusive and completely unregulated.

The ACLU of Northern California sent this letter urging the Oakland City Council not to approve the Domain Awareness Center (DAC), Phase 2 Contract. The resolution does not reflect the views of City Councilmembers, missing key facts and legal info interfere with meaningful oversight by the Council, and there are concerns with federal access to DAC data under the Patriot Act.

Government agencies from the NSA to local law enforcement have taken advantage of weak protections for “metadata” to build huge databases about ordinary Americans. In response, the ACLU of California today released “Metadata: Piecing Together a Privacy Solution,” a new policy paper that offers a way forward.