Civil Liberties News Articles

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With a wave of his hand, Amal Graafstra, a 29-year-old entrepreneur based in Vancouver, Canada, opens his front door. With another, he logs onto his computer. Tiny radio frequency identification (RFID) computer chips inserted into Graafstra's hands make it all possible. The computer chips, which cost about $2, interact with a device installed in computers and other electronics. The chips are activated when they come within 3 inches of a so-called reader, which scans the data on the chips. The "reader" devices are available for as little as $50. Graafstra said at least 20 of his tech-savvy pals have RFID implants. "I can't feel it at all. It doesn't impede me. It doesn't hurt at all. I almost can't tell it's there," agreed Jennifer Tomblin, a 23-year-old marketing student and Graafstra's girlfriend. Mikey Sklar, a 28-year-old Brooklyn resident, said, "It does give you some sort of power of 'Abracadabra,' of making doors open and passwords enter just by a wave of your hand." The RFID chip in Sklar's hand, which is smaller than a grain of rice and can last up to 100 years, was injected by a surgeon in Los Angeles.

The Government is creating a system of "mass public surveillance" capable of tracking every adult in Britain without their consent, MPs say. They warn that people who have never committed a crime can be "electronically monitored" without their knowledge. Biometric facial scans, which will be compulsory with ID cards, are to be put on a national database which can then be matched with images from CCTV. The database of faces will enable police and security services to track individuals regardless of whether they have broken the law. CCTV surveillance footage from streets, shops and even shopping centres could be cross-referenced with photographs of every adult in the UK once the ID cards Bill becomes law. Biometric facial scans, iris scans and fingerprints of all adults in the UK will be stored on a national database. Civil liberties groups say the plans are a "dangerous" threat to people's privacy. Mark Oaten, the Liberal Democrat home affairs spokesman, said the plans were being brought in by the Government without informing the public.

Looking for signs of "stress, fear and deception" among the hundreds of passengers shuffling past him at Orlando International Airport one day last month, security screener Edgar Medina immediately focused on four casually dressed men trying to catch a flight to Minneapolis. One of the men, in particular, was giving obvious signs of trying to hide something, Medina said. After obtaining the passengers' ID cards and boarding passes, the Transportation Security Administration officer quickly determined the men were illegal immigrants traveling with fake Florida driver's licenses. They were detained. The otherwise mundane arrests Aug. 13 illustrated an increasingly popular tactic in the government's effort to fight terrorism: detecting lawbreakers or potential terrorists by their behavior. The TSA has embraced the strategy, training 600 of its screeners ... in detection techniques. The TSA's teams are the most publicly acknowledged effort by the government or the private sector to come up with strategies and technology to detect lawbreakers or terrorists before they commit a crime. Other technologies under development or being deployed include machines that detect stress in voices and software that scans video images to match the faces of passengers with those of known terrorists. The government is testing other technology that can see through clothing with ... electromagnetic waves. TSA's growing reliance on detecting behavior and the close study of passengers' expressions concerns civil liberties groups and members of Congress. "The problem is behavioral characteristics will be found where you look for them," said John Reinstein, legal director of the American Civil Liberties Union of Massachusetts.

Across the country, police are using GPS devices to snare [criminal suspects], often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. With the ... ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS ... and that the public will hear little about it. "I've seen them in cases from New York City to small towns -- whoever can afford to get the equipment and plant it on a car," said John Wesley Hall, president of the National Association of Criminal Defense Lawyers. "And of course, it's easy to do. You can sneak up on a car and plant it at any time." Details on how police use GPS usually become public when the use of the device is challenged in court. Leibig said GPS should be held to a different standard because it provides greater detail. "While it may be true that police can conduct surveillance of people on a public street without violating their rights, tracking a person everywhere they go and keeping a computer record of it for days and days without that person knowing is a completely different type of intrusion," he said. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."

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Only a tiny fraction of Americans – 7 percent, according to a recent survey by The Ponemon Institute – change any behaviors in an effort to preserve their privacy. Few people turn down a discount at toll booths to avoid using the EZ-Pass system that can track automobile movements. And few turn down supermarket loyalty cards. Privacy will remain in the headlines in the months to come, as states implement the federal government’s Real ID Act, which will effectively create a national identification program by requiring new high-tech standards for driver’s licenses and ID cards. The “right to be left alone” is a decidedly conservative -- even Libertarian -- principle. People are now well aware there are video cameras and Internet cookies everywhere, [yet] there is abundant evidence that people live their lives ignorant of the monitoring. People write e-mails and type instant messages they never expect anyone to see. Just ask Mark Foley or even Bill Gates, whose e-mails were a cornerstone of the Justice Department’s antitrust case against Microsoft. It is also impossible to deny that Americans are now being watched more than at any time in history. But there is another point in the discussion about which there is little disagreement: The debate over how much privacy we are willing to give up never occurred.

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