ACLU-Nebraska: Because Freedom Can't Protect Itself

ACLU to Gering Public Schools: Stop Unconstitutional and Demeaning Drug Testing Policy

FOR IMMEDIATE RELEASE

May 24, 2012

CONTACT:  Amy Miller, (402) 476-8091,  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN – The ACLU sent a letter today to Gering Public Schools Board of Education President Mike Brunner in response to news reports of a random drug testing policy being discussed by the Board. The policy being discussed would start with the 2012-2013 school year. The school already has a drug testing policy for students.

ACLU Nebraska Legal Director Amy Miller released the following statement:

Suspicionless drug testing policies are unconstitutional, ineffective, and a waste of taxpayer dollars. The proposed drug testing policy would violate the Fourth Amendment’s requirement that the government have individualized suspicion before forcing someone to submit to a drug test. Drug tests without cause are a brazen attempt by the government to intrude upon citizens’ privacy.

A policy that requires educators to submit to drug testing is unconstitutional and demeaning. Educators who volunteer their time to help mentor young people should not be asked to sacrifice privacy and dignity.

We urge residents of Gering Public Schools to stand-up for the dignity of educators in their community and oppose this policy by contacting the school board.

A copy of the letter to the school board is available at www.aclunebraska.org

Attachments:

Gering Public School drug testing letter.pdf

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Pervasive and Frequent Violations of Americans' Privacy Rights

CONTACT: Josh Bell, (212) 549-2666; This e-mail address is being protected from spambots. You need JavaScript enabled to view it

NEW YORK – Many of the approximately 200 law enforcement agencies responding to public record requests by the American Civil Liberties Union track cell phones without a warrant, according to documents newly released by the ACLU.

A small number of agencies, such as in North Las Vegas and Wichita, said they do obtain warrants based on probable cause before tracking. Others, such as the Kentucky State Police, said they use varying legal standards, such as a warrant or a less-strict subpoena. The result is unclear or inconsistent legal standards from town to town that frequently fall short of probable cause.

"What we have learned is disturbing. The government should have to get a warrant before tracking cell phones. That is what is necessary to protect Americans' privacy, and it is also what is required under the Constitution," said Catherine Crump, staff attorney for the ACLU Speech, Privacy and Technology Project. "The fact that some law enforcement agencies do get warrants shows that a probable cause requirement is a completely reasonable and workable policy, allowing police to protect both public safety and privacy."

Last August, in an unprecedented effort to penetrate the secrecy around the policies, 35 ACLU affiliates around the country filed over 380 requests under states' freedom of information laws. The ACLU asked state and local law enforcement agencies about their policies, procedures and practices for tracking cell phones.

The responses varied widely, and many agencies did not respond at all. The documents included statements of policy, memos, police requests to cell phone companies (sometimes in the form of a subpoena or warrant), and invoices and manuals from cell phone companies explaining their procedures and prices for turning over location data.

The documents provide an eye-opening view of police surveillance of Americans. In Wilson County, N.C., police obtain cell phone tracking data where it is "relevant and material" to an ongoing investigation – a standard much lower than probable cause. Police in Lincoln, Neb., without demonstrating probable cause, obtain even GPS location data, which is more precise than cell tower location information. In Tucson, Ariz., police sometimes obtain cell phones numbers for all of the phones at a particular location at a certain time (this practice is known as a "tower dump").

The ACLU supports bipartisan legislation currently pending in both the House of Representatives and the Senate that would address this problem called the Geolocation Privacy and Surveillance (GPS) Act. It would require law enforcement officers to obtain a warrant to access location information from cell phones or GPS devices. It would also mandate that private telecommunications companies obtain their customers' consent before collecting location data. At least 11 state legislatures are also considering bills related to location tracking.

The U.S. Supreme Court in January held in U.S. v. Jones, that prolonged location tracking is a search under the Fourth Amendment, but the effects of that ruling on law enforcement have yet to be seen.

A detailed analysis of the documents is available at:
www.aclu.org/files/assets/cell_phone_tracking_documents_-_final.pdf

Links to the documents are available in an interactive map at:
www.aclu.org/maps/your-local-law-enforcement-tracking-your-cell-phones-location

More information is available at:
www.aclu.org/locationtracking

BACKGROUND: ACLU Nebraska did THREE requests as part of the local : Omaha Police, Lincoln Police, NE State Patrol. We chose them because they are the three largest law enforcement agencies in Nebraska. The requests were made in August, 2011. Records came back from each agency on a slightly different schedule, but the final records came back when OPD responded last week.

LINCOLN POLICE: LPD does use cell phone tracking. They report getting search warrants / court orders 10-15 times per year for non-emergency situations. They also do 10 emergency tracking incidents per month, which do not have any court order or warrant. While they've developed standard templates for applying for court orders, LPD has no policies or procedures around cell phone tracking.

NE STATE PATROL: NSP does use cell phone tracking. They report they always use search warrants except in emergency location situations. They have no written procedures. In the space of one year, NSP requested warrants 4 times in non-emergency situations and 9 exigent circumstances.

OMAHA POLICE: OPD does use cell phone tracking. They report they sometimes use court ordered warrants but sometimes rely on just the prosecutor's subpoena. They have no written procedures. OPD refused to provide any data on how frequently they have utilized cell phone tracking at all.

The following statement can be attributed to Amy Miller, ACLU Nebraska Legal Director: "This nationwide study shows this is a local problem. The three largest law enforcement agencies in Nebraska ARE tracking our cell phones, and most of that is happening without any court oversight. Most of cell phone users agree: it's just creepy. We want regulations to safeguard our privacy."

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ACLU Seeks Details on Government Phone Tracking in Massive Nationwide Information Request

Campaign is One of the Largest Coordinated Information Act Requests in American History

FOR IMMEDIATE RELEASE

August 3, 2011

CONTACT: Robyn Shepherd, (212) 519-7829 or 2666;  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

or Amy Miller, (402) 476-8091

NEW YORK – In a massive coordinated information-seeking campaign, 38 American Civil Liberties Union affiliates across the nation today are sending requests to over 350 local law enforcement agencies large and small demanding to know when, why and how they are using cell phone location data to track Americans. The campaign is one of the largest coordinated information act requests in American history. The requests, being filed under the states' freedom of information laws, are an effort to strip away the secrecy that has surrounded law enforcement use of cell phone tracking capabilities.

“The ability to access cell phone location data is an incredibly powerful tool and its use is shrouded in secrecy. The public has a right to know how and under what circumstances their location information is being accessed by the government,” said Catherine Crump, staff attorney for the ACLU Speech, Privacy and Technology Project. “A detailed history of someone's movements is extremely personal and is the kind of information the Constitution protects.”

Law enforcement agencies are being asked for information including:

• whether law enforcement agents demonstrate probable cause and obtain a warrant to access cell phone location data;
• statistics on how frequently law enforcement agencies obtain cell phone location data;
• how much money law enforcement agencies spend tracking cell phones and
• other policies and procedures used for acquiring location data.

Law enforcement’s use of cell phone location data has been widespread for years, although it has become increasingly controversial recently. Just last week, the general counsel of the National Security Agency suggested to members of Congress that the NSA might have the authority to collect the location information of American citizens inside the U.S. Also, this spring, researchers revealed that iPhones were collecting and storing location information in unknown files on the phone. Police in Michigan sought information about every cell phone near the site of a planned labor protest.

The U.S. Supreme Court has agreed to decide whether police need a warrant to place a GPS tracking device on a person's vehicle. While that case does not involve cell phones, it could influence the rules police have to follow for cell phone tracking.

Congress is considering the Geolocation Privacy and Surveillance Act, a bill supported by the ACLU that would require police to get a warrant to obtain personal location information. The bill would protect both historical and real-time location data, and would also require customers' consent for telecommunications companies to collect location data.

Today’s requests are part of the ACLU’s Demand Your dotRights Campaign, the organization’s campaign to make sure that as technology advances, privacy rights are not left behind.

In Nebraska, the ACLU has filed open records requests of the Omaha Police Department, the Lincoln Police Department, and the Nebraska State Patrol.  “We’ve asked the three largest law enforcement agencies whether they’re keeping track of Nebraskans.  If we learn they are, more requests will follow,” said Amy Miller, Legal Director for ACLU Nebraska.

Read more about the national campaign at http://www.aclu.org/locationtracking

Read the ACLU Nebraska request online at www.aclunebraska.org

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Attachments:

Cell Phone Tracking Request OPD Aug 2011.pdf

[Letter to OPD regarding cell phone tracking in August of 2011.]

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Are you in High School? Do you know someone who is?

Over $1,200 in CASH prizes are available to Nebraska High School clubs and students.

See poster and contest rules and entry form for more information.

Post-mark entry deadline of March 28, 2011.

Attachments:

2011 PSA Contest Rules.pdf	[ ]	287 Kb
2011 PSA Contest Poster.pdf	[ ]	479 Kb