by Dan | Jul 24, 2019 | Uncategorized
As we increasingly move toward a cash-less society with the help of instantaneous payment apps like Venmo, Google Pay, Apply Pay, and credit card-specific smartphone payment apps, we’re at risk of hindering our democracy. How so?
Perhaps this isn’t a major concern in the United States yet, but the protests in Hong Kong have brought to light a concerning issue in regards to personal privacy and cash-less payments. In Hong Kong, there’s something called an “Octopus Card,” which is distributed by a financial company owned primarily by the government of Hong Kong. Most residents of Hong Kong rely on this card to pay for everything from groceries to clothing, but in wake of the protests, people are worried that the government could be tracking their location and financial activity with the help of the Octopus Card.
Although the U.S. government isn’t heavily involved in the cash-less payment markets (yet?), it’s nevertheless concerning how much of a privacy violation these smartphone apps could be. After all, a privacy researcher in Berlin managed to analyze over 18 million Venmo users’ information related to more than 208 million public transactions because the users never changed the app’s default settings to private. This means that many users could be inadvertently sharing their purchasing habits, location, lifestyle choices and other personal information with literally anyone who can access and browse through the app.
As we strive to improve consumer convenience with cash-less payments, individuals’ privacy, freedom of speech and even freedom of assembly could be at stake. Let’s examine this issue further:
Surveilling Your Financial Activity
As an article in The Atlantic points out, “In a cashless society, the cash has been converted into numbers, into signals, into electronic currents. In short: Information replaces cash….and wherever information gathers and flows, two predators follow closely behind it: censorship and surveillance.”
Another article from Ars Technica in 2018 similarly argues that Venmo (and other cash-less payment systems like PayPal) are frequently criticized by consumer groups and even targeted by the Federal Trade Commission for consumer privacy violations. Since the default setting for many apps’ transactions is “public,” users could be unwittingly sharing their personal financial activities with anyone who wants to view them. This, in turn, could lead to serious issues related to surveillance if the government or other entities can see how much your spending on what at any given point (your entire payment history is also public on the default setting).
Location Tracking
Another concern for individual privacy rights advocates is the potential for governments to track where consumers are spending their money. Some payment apps keep location records on their users (how detailed and how long that information is kept remains unknown).
As we can see from peoples’ personal experiences with civil asset forfeiture laws, there’s tremendous potential for abusing individuals’ privacy, freedom of expression and freedom of assembly if just about anyone can view their financial and location records at any time. As more and more consumers rely on cash-less payment apps, we need to do more as a society to ensure their rights will not be violated in the midst of everyday financial transactions.
by Dan | Jul 18, 2019 | Newsletter
Dear FAV Advocates,
Let’s hear from a veteran who sheds his military uniform and looks for ways to keep serving in his community in Georgia.
Hello Everyone,
I just recently joined the First Amendment Voice (FAV) team as the South Eastern Region Delegate. It is with great excitement that I finally get to introduce myself to a great network of colleagues and fellow civil servants. Currently, I’m a Junior Sociology student at Columbus State University. I’m also a husband and father of two children living in the great State of Georgia. Before starting my post-secondary education, I was enlisted in the Army for 8 years and served three combat tours as an Infantryman.
While transitioning from the military, I was in search of a new mission that would also embody some of the important values that I wholeheartedly supported and fought for while enlisted. Most important of those were duty and selfless service. When I came across First Amendment Voice in its earlier stage with Executive Director Steve Miska, it was during the 2016 election. It was around this time, I resolved to bring unity to my community and to dedicate my life towards a greater good.
During this time, I developed a plan through prayer, to continue my duty and selfless service by seeking out local, state, and federal civil service opportunities while continuing my education. I completed a fellowship with The Mission Continues nonprofit organization, and this last spring, I completed an internship with the Georgia General Assembly. As I was building networks and growing my experience, I was also preparing myself for federal level service. As an advocate for FAV, it was easy for me to begin serving as a delegate.
I look forward to growing the organization and partnerships. First up: get an on-campus club started early fall. FAV is on the agenda, and I have the support of multiple faculty members to include the Sociology Department Chair. I have also been approved to start on-campus engagements and look forward to creating a campus kit that can further help future colleges across the country as our organization grows in membership and support.
Again, it is with great excitement that I get to be a part of FAV, and that I have the honor to work surrounded by so many like-minded and passion driven people. I look forward to meeting all at the FAV National Symposium in the Fall!
Sincerely,
Dylan S. Fessler
Delegate FAV
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Steve
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by Dan | Jul 10, 2019 | Uncategorized
We’ve written countless blog posts about free speech in higher education and on high school campuses, but a new troubling trend seems to be emerging nowadays: state laws designed to protect free speech that, due to their vaguely worded mandates, may actually silence and/or punish those expressing dissent and other forms of counter-speech.
Clearly this is not the intent of these pieces of legislation, but they nevertheless demonstrate the difficulty of navigating free speech laws and college policies while balancing individuals’ rights, regardless of their political beliefs or affiliations. Here are just some of the many examples of potentially problematic free speech protection laws that are either newly in effect or going into effect soon:
“Disciplinary Sanctions”
Alabama recently passed HB498, which effectively bans the existence of designated “free speech zones” on college campuses in the state. On the surface, this seems like a great victory for free speech advocates, but there’s a troubling flip side: the “disciplinary sanctions” that could be imposed against those who interrupt/disrupt someone else’s free speech are incredibly vague.
In other words, we have little idea of what the consequences would be if a counter-protester gets involved. Could they be sued? Kicked out of the college? Arrested? There are few clear consequences outlined in the bill, which could force the college administration, law enforcement officials and/or the state to prioritize one person’s freedom of expression over another’s.
Does the person who began speaking/protesting first get priority? What if they’re both shouting over each other, which arguably fits under this law’s definition of “substantially” disrupting another person’s free expression?
Until these questions are resolved, this law could pose a serious threat to counter-protesters’ First Amendment rights due to the sheer ambiguity of the law itself.
“Interfering” with Others’ Free Speech
In addition to Alabama, Texas recently passed SB18, which substantially increased protections for free speech rights on college campuses throughout the state of Texas. However, the bill poses the same problems as Alabama’s new bill: the consequences of “interfering” with someone else’s freedom of expression are not clearly outlined in the bill.
Specifically, the bill says there could be “disciplinary sanctions for students, student organizations, or faculty who unduly interfere with the expressive activities of others on campus.” While this sounds like a strong protection in favor of free speech, what exactly constitutes “unduly interferes”? Would a counter-protester be considered “unduly” interfering with the original protester’s free expression?
These are just two of the many examples of free speech controversies going on around the country’s college campuses nowadays, but they still serve as important reminders that even well intentioned legislation in favor of free speech can have damaging consequences.
by Dan | Jun 26, 2019 | Uncategorized
Some of the most groundbreaking reports that have been investigated and published by journalists over the past several decades were only possible thanks to a free press concept known as “reporter’s privilege.” According to the First Amendment Encyclopedia, reporter’s privilege refers to the idea that journalists should not and cannot be compelled to reveal their anonymous sources or other confidential information in a court of law.
Although reporter’s privilege is not absolute — and the extent of its protections under the First Amendment remain somewhat murky after the 1972 Branzburg v. Hayes Supreme Court decision — many states have their own constitutional statutes for protecting reporters’ sources and confidential information obtained in the course of their standard reporting duties.
Shield Laws
The concept of a shield law is related to reporter’s privilege because these are legal mechanisms that “shield” reporters against the threat of forcibly publishing or revealing their sources’ identities and other confidential matters. As of 2019, there remains no federal-level shield law protecting journalists, although 49 states and the District of Columbia have enacted their own versions of shield laws to ensure the free flow of information without legally compromising journalists who are simply doing their jobs.
In cases where shield laws did not apply or were not sufficient enough to protect the journalists, some reporters have invoked the 5th Amendment as a means for protecting their sources.
When Are Sources Not Protected?
Reporters’ sources may not be protected in instances where the shield laws are not clearly applicable, such as the recent case of an online journalist in Nevada, who a judge said must reveal his source because he was not previously a member of the Nevada Press Association (note: the Nevada state shield law does not explicitly specify that it only applies to NPA members).
In other cases, a journalist may feel ethically obligated to reveal her source or confidential information. It’s never an easy decision for reporters to withhold information about their interview subjects and other stakeholders involved in news stories, since transparency is another goal of every journalist. But this “privilege” is integral to ensuring a free press in the United States so perhaps it’s time for the federal government to enact its own shield law in line with the First Amendment’s guarantee to a free and independent press.
