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MySpace, Web, Social Networking

Girls, ACLU Sue School Over Punishment for Racy MySpace Photos

Two teenage Indiana girls have sued their high school after the administration punished them for posting sexually suggestive photos of themselves on MySpace, the Associated Press reports. The ACLU, which is representing the two sophomores, argues that the school overstepped its bounds by handing down the punishment and, in so doing, violated the girls' rights to free speech. Attorneys with the ACLU also pointed out that the photos didn't involve the school, and that officials needlessly humiliated the two by making them apologize to an all-male board of coaches. The Supreme Court has previously ruled that schools do have the right to punish students for off-campus behavior, so long as the school can justify that the behavior was disruptive and that similar activities were likely to occur at the school, itself.

In this particular case, the girls took photos during a sleepover held during their summer vacation and posted them on MySpace, adjusting the privacy settings so that only their friends could see them. Eventually, though, the photos circulated throughout the school, and, as some of them showed the lingerie-clad girls licking a phallic lollipop, Principal Austin Couch banned the girls from fall sports, and made them apologize and undergo counseling. According to Couch's attorney, he was simply enforcing the school's athletic code, which allows a principal to punish student athletes for any activity that "creates a disruptive influence on the discipline, good order, moral or educational environment at Churubusco High School."

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Computers

Feds Promise Faster Action, Transparency in Laptop Searches

Yesterday, the Department of Homeland Security promised to introduce reforms to its practice of searching laptops at U.S. Customs checkpoints, reports the Wall Street Journal. At present, policy allows checkpoint agents to randomly search the electronic devices of anyone passing through customs -- U.S. citizen or no -- without probable cause, or the traveler's permission.

Powerful entities like Wisconsin's Democratic Senator Russell Feingold and the American Civil Liberties Union (ACLU) have both voiced concerns with the policy, pushing for measures that would better protect civil liberties and ensure government accountability. Of the changes in policy, Homeland Security Secretary Janet Napolitano told the Wall Street Journal that the government would begin to better document gadget searches and seizures, and return said gadgets more quickly to travelers. According to the policy changes, border agents will be able to hold devices for five days, while Immigration and Customs Enforcement employees will be able to do so for up to 30. Still, investigating agents will require neither a traveler's permission nor probable cause.

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Web, Social Networking

ACLU to Facebook: Get Quiz Apps Out of Users' Business

Update: In response to Canada's Office of the Privacy Commisioner's yearlong investigation of Facebook's privacy policies, Facebook has announced that it will improve privacy controls for users. More after the break.

In a surprising bit of news from CNET, the American Civil Liberties Union (ACLU) has taken issue with Facebook's treatment of its users' privacy.

As anybody who's spent time on Facebook can attest, third-party quiz applications run rampant. A quick glance at your 'friends feed' will yield a barrage of quizzes wondering, "What kind of kisser are you?" or "What state should you live in?" What you may not know, according to the ACLU, is that -- by taking one of those quizzes -- you are volunteering your personal profile information (your religious beliefs, political views, sexual orientation, photographs, Wall posts) for the quiz creators to use in whatever way they see fit. Even if a participating user's profile is set to 'private', a third party can access said information. Most startlingly, if a friend takes a quiz, most of your visible profile information is, by default, made available to the creator of that quiz -- even if you don't take it yourself. In order to raise awareness of this fact, the ACLU has -- funnily enough -- put together a Facebook quiz asking users how much they know about Facebook quizzes.

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Computers

Law Protecting Children from 'Harmful' Content Deemed Unconstitutional

Law Protecting Children from
The Child Online Protection Act (COPA) was passed in 1998 following a similar law that was struck down as unconstitutional by the Supreme Court. COPA, which never went into effect, would have made it illegal for Web sites to make sexual or objectionable content available to minors.

The challenge was handled by the ACLU on behalf of a coalition of writers, artists, educators, and the Salon Media Group. The federal appeals court that handed down the ruling agreed with the decision of a lower court that struck down the law on the grounds that it violated the First Amendment and was overly broad and vague.

The law would have essentially forced all U.S.-based Web sites to provide only "family friendly" content since there is no effective barrier for keeping minors locked out of a Web site. Additionally, this law wouldn't affect overseas-based sites, which are not subject to U.S. law. John Morris, from the Center for Democracy & Technology, argued that filters and parental controls are not only less restrictive, but are also more effective at protecting children from objectionable content since they can be applied to Web pages hosted internationally as well.

The Justice Department may take the case to the Supreme Court, where, in 2004, justices agreed that COPA was unconstitutional, but sent the case back to the lower courts to determine if advances in filtering technology would affect the law's constitutionality. [Source: CBS and USA Today]

Cell Phones

US Government May Be Tracking You With Your Cell Phone



It was disturbing enough when the government was just listening in. Now privacy advocates are afraid the government may be tracking our every move through our cell phones. In November of 2007, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act request with the Department of Justice (DOJ) to find out how widespread such tracking is. The DOJ didn't hand over the data, so now the ACLU and the Electronic Frontier Foundation (EFF) are taking the DOJ to court to force it to comply with the request.

The ACLU was spurred into action following a blog post in The New York Times in which some courts expressed discomfort with the government's use of cell phone tracking data without probable cause.

How often, and in what situations, the government has utilized this tool is not yet known, but following revelations that the domestic wiretapping was much more widespread than the Bush administration claimed, we simply can't take any chances. [Source: NY Times]

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