Catherine Crump

Last updated
Catherine Crump
Born1978 (age 4546)
NationalityAmerican
Education Stanford University (BA)
Stanford Law School (JD)
Occupation(s)Lawyer, law school professor
Known forAdvocacy of privacy rights

Catherine Crump (born 1978) is an American law professor and civil liberties expert focused on the effects of digital surveillance technology on privacy and free speech. [1] She is the Director of the Samuelson Law, Technology and Public Policy Clinic, Co-Director of Berkeley Center for Law and Technology, and a Clinical Professor of Law at the UC Berkeley School of Law. Crump's expertise on digital data collection and the law is regularly featured in the media. [2] [3] In 2023, Crump served as a senior policy advisor for criminal justice for the White House Domestic Policy Council. [4]

Contents

Career

Crump served as a staff attorney for the American Civil Liberties Union and is currently a law professor and director of the Samuelson Law, Technology and Public Policy Clinic at the University of California, Berkeley. [5] [6] The Berkeley clinic gives Berkeley Law students hands-on experience at the intersection of technology and law such as a project on the California criminal justice system's use of electronic surveillance bracelets on juveniles. [7]

Throughout her career, Crump has been a staunch and consistent advocate for privacy. She has criticized the FAA for focusing exclusively on safety issues regarding drone aircraft and not addressing possible privacy issues such as whether the craft could be misused for spying and data gathering. [8] She criticized the use of cameras to read license plates and subsequently build databases on the "movements of millions of Americans over months or even years". [9] [10] She has argued that Congress should prohibit the misuse by law enforcement officers of cell phone and GPS technology to collect private information on innocent people without first getting a warrant. [11] She criticized the policy of border patrol agents to detain travelers and examine the contents of their laptop computers and cell phones "without suspecting the traveler of wrongdoing". [12] [13] She believes government should target surveillance based on "those suspected of wrongdoing" and refrain from building giant databases of the movements of innocent citizens. [14]

Related Research Articles

<span class="mw-page-title-main">Fourth Amendment to the United States Constitution</span> 1791 amendment prohibiting unreasonable searches and seizures

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

The Multistate Anti-Terrorism Information Exchange Program, also known by the acronym MATRIX, was a U.S. federally funded data mining system originally developed for the Florida Department of Law Enforcement described as a tool to identify terrorist subjects.

<span class="mw-page-title-main">Automatic number-plate recognition</span> Optical character recognition technology

Automatic number-plate recognition is a technology that uses optical character recognition on images to read vehicle registration plates to create vehicle location data. It can use existing closed-circuit television, road-rule enforcement cameras, or cameras specifically designed for the task. ANPR is used by police forces around the world for law enforcement purposes, including checking if a vehicle is registered or licensed. It is also used for electronic toll collection on pay-per-use roads and as a method of cataloguing the movements of traffic, for example by highways agencies.

Harris Corporation was an American technology company, defense contractor, and information technology services provider that produced wireless equipment, tactical radios, electronic systems, night vision equipment and both terrestrial and spaceborne antennas for use in the government, defense, emergency service, and commercial sectors. They specialized in surveillance solutions, microwave weaponry, and electronic warfare. In 2019, it merged with L3 Technologies to form L3Harris Technologies.

Surveillance abuse is the use of surveillance methods or technology to monitor the activity of an individual or group of individuals in a way which violates the social norms or laws of a society.

Kyllo v. United States, 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the court ruled that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted from a public vantage point, is unconstitutional without a search warrant. In its majority opinion, the court held that thermal imaging constitutes a "search" under the Fourth Amendment, as the police were using devices to "explore details of the home that would previously have been unknowable without physical intrusion." The ruling has been noted for refining the reasonable expectation of privacy doctrine in light of new surveillance technologies, and when those are used in areas that are accessible to the public.

<span class="mw-page-title-main">NSA warrantless surveillance (2001–2007)</span> Part of Terrorist Surveillance Program

NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — was the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.

<i>American Civil Liberties Union v. National Security Agency</i>

American Civil Liberties Union v. National Security Agency, 493 F.3d 644, is a case decided July 6, 2007, in which the United States Court of Appeals for the Sixth Circuit held that the plaintiffs in the case did not have standing to bring the suit against the National Security Agency (NSA), because they could not present evidence that they were the targets of the so-called "Terrorist Surveillance Program" (TSP).

<span class="mw-page-title-main">Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008</span> United States Law

The FISA Amendments Act of 2008, also called the FAA and Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, is an Act of Congress that amended the Foreign Intelligence Surveillance Act. It has been used as the legal basis for surveillance programs disclosed by Edward Snowden in 2013, including PRISM.

<span class="mw-page-title-main">Stingray phone tracker</span> Cellular phone surveillance device

The StingRay is an IMSI-catcher, a cellular phone surveillance device, manufactured by Harris Corporation. Initially developed for the military and intelligence community, the StingRay and similar Harris devices are in widespread use by local and state law enforcement agencies across Canada, the United States, and in the United Kingdom. Stingray has also become a generic name to describe these kinds of devices.

Clapper v. Amnesty International USA, 568 U.S. 398 (2013), was a United States Supreme Court case in which the Court held that Amnesty International USA and others lacked standing to challenge section 702 of the Foreign Intelligence Surveillance Act of 1978, as amended by the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.

<span class="mw-page-title-main">FISA Improvements Act</span>

The FISA Improvements Act is a proposed act by Senator Dianne Feinstein, Chair of the Senate Intelligence Committee. Prompted by the disclosure of NSA surveillance by Edward Snowden, it would establish the surveillance program as legal, but impose some limitations on availability of the data. Opponents say the bill would codify warrantless access to many communications of American citizens for use by domestic law enforcement.

<i>American Civil Liberties Union v. Clapper</i> American federal court case

American Civil Liberties Union v. Clapper, 785 F.3d 787, was a lawsuit by the American Civil Liberties Union (ACLU) and its affiliate, the New York Civil Liberties Union, against the United States federal government as represented by then-Director of National Intelligence James Clapper. The ACLU challenged the legality and constitutionality of the National Security Agency's (NSA) bulk phone metadata collection program.

Riley v. California, 573 U.S. 373 (2014), is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.

The US Federal Aviation Administration has adopted the name small unmanned aircraft system (sUAS) to describe aircraft systems without a flight crew on board weighing less than 55 pounds. More common names include UAV, drone, remotely piloted vehicle (RPV), remotely piloted aircraft (RPA), and remotely operated aircraft (ROA). These unmanned aircraft flown in the USA's National Airspace System must operate under the rules of a Community Based Organization for recreational purposes or 14 CFR Part 107 for commercial operations. All UAVs weighing more than 250 grams flown for any purpose must be registered with the FAA.

Unmanned aerial vehicles (UAVs) have been used for domestic police work in various countries around the world since the mid-2000s. Their appeal comes from their small size, lack of crew, and lower cost compared to police helicopters. UAVs may be used for search and rescue operations, aerial patrols, and other roles that are usually served by crewed police aircraft. UAVs can be powerful surveillance tools by carrying camera systems capable of license plate scanning and thermal imaging, as well as radio equipment and other sensors. While a vast majority of law enforcement UAVs are unarmed, documents obtained by digital rights group Electronic Frontier Foundation indicated the U.S. Customs and Border Protection would consider arming their UAVs with "non-lethal weapons designed to immobilize" targets.

The use of stingrays by United States law enforcement is an investigative technique used by both federal and local law enforcement in the United States to obtain information from cell phones by mimicking a cell phone tower. The devices which accomplish this are generically known as IMSI-catchers, but are commonly called stingrays, a brand sold by the Harris Corporation.

<span class="mw-page-title-main">Kevin Bankston</span> American activist and attorney

Kevin Stuart Bankston is an American activist and attorney, who specialized in the areas of free speech and privacy law. He is currently Privacy Policy Director at Facebook, where he leads policy work on AI and emerging technologies. He was formerly the director of the Open Technology Institute (OTI) at the New America Foundation in Washington, D.C.

<span class="mw-page-title-main">Police surveillance in New York City</span>

The New York City Police Department (NYPD) actively monitors public activity in New York City, New York, United States. Historically, surveillance has been used by the NYPD for a range of purposes, including against crime, counter-terrorism, and also for nefarious or controversial subjects such as monitoring political demonstrations, activities, and protests, and even entire ethnic and religious groups.

Flock Safety is an American company that sells Automated License Plate Recognition technology (ALPR) to law enforcement agencies and neighborhood associations. Flock's systems allow matching and searching, raising both business interest in the form of significant venture funding as well as numerous privacy concerns.

References

  1. "Catherine Crump CSPAN Appearances". C-SPAN People. C-SPAN . Retrieved 16 July 2022.
  2. "Abortion is illegal for millions. Will Big Tech help prosecute it?". The Washington Post. Retrieved 16 July 2022.
  3. Borba, Andria (June 28, 2022). "Cellphone data collection, tracking apps can help states prosecute women seeking abortions". CBS. Retrieved 16 July 2022.
  4. Cohen, Andrew (2023-01-11). "Two Berkeley Law professors start tech-related White House appointments". Berkeley Law. Retrieved 2023-09-13.
  5. "Drones Moving From War Zones To The Home Front". NPR. April 17, 2012. Retrieved May 31, 2015. Catherine Crump, staff attorney with the American Civil Liberties Union's Speech, Privacy and Technology Project
  6. Fung, Brian (July 30, 2014). "Think the Supreme Court protected your cellphone from warrantless searches? Think again". The Washington Post. Retrieved May 31, 2015. "It truly is a suspicion-less search policy," said Catherine Crump
  7. Holland, Jake (August 7, 2022). "From Harvard to Berkeley, Clinics Train Next-Gen Tech Lawyers". Bloomberg Law. Retrieved Aug 7, 2022.
  8. Hennigan, W. J. (November 27, 2011). "Idea of civilians using drone aircraft may soon fly with FAA: The Federal Aviation Administration plans to propose new rules for the use of small drones in January, a first step toward clearing the way for police departments, farmers and others to employ the technology". Los Angeles Times. Archived from the original on April 12, 2015. Retrieved May 31, 2015. "FAA … should also make sure Americans' privacy is maintained," said Catherine Crump, an American Civil Liberties Union staff attorney.
  9. "Government drops plan to collect license plate tracking info". USA Today. Associated Press. February 19, 2014. Retrieved May 31, 2015. Catherine Crump, an ACLU lawyer, … pleased to hear that the department has canceled the contract proposal
  10. Timberg, Craig (July 17, 2013). "License-plate cameras track millions of Americans". The Washington Post. Retrieved May 31, 2015. cheap, powerful cameras capable of reading license plates has allowed police to build databases on the movements of millions of Americans over months or even years
  11. Heininger, Claire (April 23, 2009). "ACLU says Chris Christie authorized warrantless cellphone tracking". nj.com. Retrieved May 31, 2015. Crump... federal laws on electronic surveillance do not directly address cell phone and GPS technology
  12. Bray, Chad (September 7, 2010). "ACLU Sues Homeland Security Over Search Policies". Wall Street Journal. Retrieved May 31, 2015. The U.S. Department of Homeland Security has been sued over its policies that allegedly authorize the search and seizure of laptops, cellphones and other electronic devices
  13. Nakashima, Ellen (September 7, 2010). "New lawsuit to challenge laptop searches at U.S. border". The Washington Post. Retrieved May 31, 2015. Catherine Crump said this case may be more likely to succeed.
  14. Calamur, Krishnadev (December 4, 2013). "NSA Collecting 5B Cellphone Locations A Day, News Report Says". NPR. Retrieved August 2, 2016. Crump said: The government should be targeting its surveillance at those suspected of wrongdoing, not assembling massive associational databases.