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Research & Analysis

Challenging Government Hacking in Criminal Cases

This report sets out key legal arguments and strategies for defense attorneys to challenge evidence seized by government-installed computer malware as a violation of the Fourth Amendment and federal law.

Over the past several years, the government has increasingly turned to hacking and malware as an investigative technique. The FBI has begun deploying software designed to infiltrate and control, disable, or surveil a computer鈥檚 use and activity. This kind of widespread and secretive hacking by the government is controversial and of questionable constitutionality.

The report assesses recent court decisions evaluating the government鈥檚 use of the controversial hacking technique and makes recommendations for the most promising avenues to have unconstitutionally obtained evidence suppressed.

Issue Areas: Privacy & Technology

Research & Analysis

Bad Trip: Debunking the TSA's 'Behavior Detection' Program

Under the government鈥檚 鈥渂ehavior detection鈥 program, thousands of TSA officers at airports around the country watch passengers for behaviors that the TSA claims are associated with stress, fear, or deception. The officers then flag certain people for additional inspection and questioning.

The program has long been criticized as unscientific, ineffective, and wasteful, and it has been blamed by passengers and TSA officers themselves for racial and religious profiling 鈥 but still it continues.

This report, based on documents the 桃子视频obtained in a Freedom of Information Act , reveals that materials in TSA鈥檚 own files discredit this junk-science program.

The report鈥檚 key findings include:

The TSA expanded the scope of the behavior detection program and its use of surveillance techniques.
Academic research and other documents in the TSA鈥檚 own files reinforce that behavior detection is unscientific and unreliable.
The TSA repeatedly overstated the scientific validity of behavior detection in communications with members of Congress and the Government Accountability Office.
Materials in the TSA鈥檚 files raise further questions about anti-Muslim bias and the origins and focus of the TSA鈥檚 behavior detection program.
The TSA鈥檚 documents reveal details of specific instances of racial or religious profiling that the TSA concealed from the public.

The report recommends that Congress discontinue funding the TSA鈥檚 behavior detection program and that the TSA implement a rigorous anti-discrimination training program for its workforce.

About the case

TSA Behavior Detection FOIA Database

Issue Areas: National Security

Research & Analysis

Caged In: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities

This report provides a first-ever national 桃子视频account of the suffering prisoners with physical disabilities experience in solitary confinement. It spotlights the dangers for blind people, Deaf people, people who are unable to walk without assistance, and people with other physical disabilities who are being held in small cells for 22 hours a day or longer, for days, months, and even years. Solitary confinement is a punishing environment that endangers the well-being of people with physical disabilities and often violates the Americans with Disabilities Act. The report鈥檚 revelations about the particular harms of solitary on people with physical disabilities shows the urgent need for far better accounting of the problems they face and the development of solutions to those problems.

Issue Areas: Prisoners' Rights

Research & Analysis

Report: The Confirmation Sessions

The 桃子视频 released an analysis of Sen. Jeff Sessions鈥 record on civil liberties issues ahead of the Jan. 10-11 confirmation hearings as President-elect Donald Trump鈥檚 pick for attorney general. The 桃子视频report looks at Sessions鈥 handling of police reform, voting rights, immigration, mass incarceration, religious liberty, LGBT equality, privacy and surveillance, torture, abortion, and sexual assault issues.

Issue Areas: National Security

Research & Analysis

Report: False Hope - How Parole Systems Fail Youth Serving Extreme Sentences

This report documents the failures of parole systems across the United States and how these systems fail prisoners who were young when convicted of serious crimes and are serving decades or their lives in prison.



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Issue Areas: Smart Justice

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Published twice a year, 桃子视频Magazine shares updates on the ACLU's critical litigation and advocacy work across the country and tells the stories of the activists, attorneys, and clients at the heart of each case and campaign. To receive 桃子视频Magazine by mail, become a monthly donor today.