News & Commentary

The National ACLU has released the results of its analysis of more than 26,000 pages of documents from police departments in cities and towns across the country, obtained through freedom of information requests by ACLU affiliates in 38 states (including Vermont) and Washington, D.C. The documents concern the use of automated license plate readers (ALPRs). It's become increasingly clear that we are living in an era of mass surveillance facilitated by ever cheaper and more powerful computing technology.

For many years there have been complaints that when the attorney general and local prosecutors investigate alleged police misconduct, the result is almost always the same -- the conduct is deemed acceptable and no charges are brought. But Chittenden County State's Attorney T.J. Donovan tried a different route in the case of a Winooski officer who first Tased and then shot a mentally ill man in April. He called for a grand jury to hear testimony and consider whether charges should be filed against the officer. The grand jury has finished its work and this week "returned a true bill" -- the officer will be charged on one felony and two misdemeanor counts.

In a unanimous decision, the U.S. Supreme Court has ruled that companies cannot patent human genes. While this may seem like common sense, over the last 30 years the U.S. Patent Office has issued patents on thousands of human genes, including genes associated with colon cancer, Alzheimer's disease, muscular dystrophy, and many other devastating diseases. The status quo meant that companies controlling gene patents had the right to stop all other scientists from examining, studying, testing, and researching our genes.

Last year, in an interview with the news weekly Seven Days, the director of operations at the Vermont Department of Motor Vehicles said a new high-tech facial recognition system bought with a $900,000 grant from the federal Department of Homeland Security would not be used for law enforcement purposes. Well, a year later, the director, Michael Smith, says "things have changed" and the high-tech drivers' license photo system is indeed being utilized to help police departments in police investigations.

Edward Snowden, a former undercover CIA employee, has stepped forward as the person who provided documents to the Washington Post and The Guardian detailing the National Security Agency's broad telecommunications surveillance. The acknowledgement came as criticism of the NSA program continued, despite arguments by government officials that all legal requirements had been followed.

For the first time since the creation of the World Wide Web, Congress has made it clear that all private communications online require a search warrant based on probable cause. That's the word from ACLU legislative counsel Christopher Calabrese in Washington following a vote Thursday by the Senate Judiciary Committee to send the Electronic Communications Privacy Act of 2013 to the Senate floor. The prime mover on the bill has been Vermont Sen. Patrick Leahy, who was in the Senate when the first ECPA law was passed -- in 1986. How long ago was that? Mark Zuckerberg was in day care.

ALPRs may not have been intended to be sophisticated surveillance tools, but that's how they can be used. And that's why the ACLU is concerned about their proliferation in Vermont.

The role of money in elections was certainly one of the big stories of 2012. But it's been hard to know exactly what the impact of ramped-up spending was. The independent news Web site, Pro Publica, has been investigating the issue. Reporters there have come up with some surprising information. The site's latest story concludes that so-called "dark money" helped Democrats hold a key Senate seat. "With control of the Senate at stake," says Pro Publica, "liberals hit the streets and bought ads for a libertarian candidate who likely siphoned crucial votes away from the Republican challenger."

Vermont Supreme Court OK's Limits on Electronic SearchesThe Vermont Supreme Court gave electronic privacy a big boost Friday when it approved restrictions placed upon police when conducting searches of electronic devices.