News & Commentary

The next time a cop sees a picture of you, that picture may not have been taken by a person at all. Unmanned flying drones can allow their operators to remotely - and cheaply - monitor and record individuals, groups, or locations. These drones pose significant threats to privacy when police can use them to peer into homes or track an individual's actions from afar. While law enforcement agencies around the country, including, most recently, the Alameda County Sheriff's Office, are already expressing interest in acquiring drones, the federal government has done little to address privacy concerns - hardly surprising given that Congress is just now addressing decades-old privacy issues with electronic content such as email and cloud storage. We need to consider drone privacy protections now, and that means approaching these issues at the local and state level as well as pushing for federal drone privacy rules.

For the first time yesterday, California Attorney General Kamala Harris publicly weighed in on the hotly-contested federal immigration program, Secure Communities (S-Comm).In an information bulletin to local law enforcement agencies, she provides much needed clarification to these agencies about the parameters of their cooperation with federal immigration enforcement. Her statement should finally put to bed any lingering doubt that immigration detainers are voluntary requests and that each local agency may make its own decisions about whether or not to enforce the requests, at its own expense.

Buried on the Board of Supervisor's 66-item agenda for its December 4, 2012 hearing was a surprising request by the Alameda County Sheriff's Office for approval to "apply for, accept and administer" funds from the California Emergency Management Agency (Cal-EMA) to buy a drone.

Think Facebook is only interested in your online activity? Think again. The company recently announced a partnership with information broker Datalogix, which operates many of the loyalty card programs we use to get a discount at stores like CVS. The partnership — one of Facebook's three new advertising programs —allows Facebook to gauge the effectiveness of its ads by learning about the offline purchases of ad viewers. Unfortunately, Facebook has not given its users the ability to see what information is actually being shared with Datalogix or to opt out of the program from Facebook's end. Datalogix's opt-out option is not enough – these companies should allow individual users to see how their information is being watched and traded.

You don't surrender your constitutional rights based on who you work for. That's why the ACLU of Northern California sued on behalf of a deputy sheriff in Trinity County who was censured at work after publishing letters to the editor in the local paper.

This morning, 26 individuals and organizations including the ACLU of California sent an open letter to new Yahoo! CEO Marissa Mayer asking her to add HTTPS security to Yahoo! Mail. Without secure connections, the email sent and received by Yahoo! users around the world — from dissidents living under repressive regimes to Americans communicating about sensitive topics — is vulnerable to interception by ISPs, WiFi "sniffers," and others. Please join us by telling Yahoo! (via Twitter or Yahoo's feedback form) to take this basic step to protect your email.

In mid-October, the Alameda County Sheriff's Office revealed that it was seeking funds to purchase a drone to engage in unspecified unmanned aerial surveillance. The ACLU of Northern California immediately sent a Public Records Act request seeking answers to three basic questions: 1) Are drones really necessary in our community; 2) How much will they cost to acquire, operate, and maintain; and 3) What safeguards will be in place to protect our privacy? The decision to buy a drone is a hugely important public policy question that needs to be debated through an open and transparent process, with full and informed participation by the community and our civilian elected leaders. This should not be a unilateral decision made by law enforcement. Unfortunately, while the Sheriff s Office has found the time to test a drone this past weekend, it is now dragging its feet in providing information that is responsive to our request and essential for that public debate to occur.

As sheriffs have readily admitted, county jails are not full of individuals who have been convicted of crimes, or even individuals thought to present a high public safety risk to the community. Most people in county jails have not been convicted of a crime. More than 71 percent of the 71,000 Californians held in county jails on any given day are awaiting their day in court. Most of them do not pose a risk to public safety but are stuck behind bars because they simply cannot afford bail.

One year ago today, police fired tear gas, flash bang grenades and lead-filled bags into a massive crowd of Occupy Oakland demonstrators. The ACLU and the National Lawyers Guild sued the Oakland Police Department for its egregious constitutional violations against demonstrators during the October 25, 2011 and November 2, 2011 demonstrations. That lawsuit is ongoing.