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April 2010 Archives

April 1, 2010

TSA Concedes Body Scanners Store and Record Images

In response to a Congressional inquiry, led by Congressman Bennie Thompson, the Transportation Security Agency acknowledged that images on body scanner machines would be recorded for "testing, training, and evaluation purposes." The TSA also did not dispute that test mode could be activated in airports, but said this "would" not happen. As part of an ongoing lawsuit, EPIC had previously obtained TSA documents describing the machines' capabilities to store and transmit detailed images of travelers' naked bodies. For more information, see EPIC: Whole Body Imaging Technology.

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Posted by EPIC on April 1, 2010 3:37 PM | | TrackBacks (0)

April 5, 2010

"Future of Privacy and the Web"

Marc Rotenberg,
EPIC Executive Director

Futureweb 2010
Raleigh, NC
April 30, 2010

Posted by EPIC on April 5, 2010 11:26 AM | | TrackBacks (0)

April 9, 2010

Acquisti, Gasser, Harbour, Irion, Jonas, and Kirby Join EPIC Advisory Board

EPIC has announced the 2010 members of the EPIC Advisory Board.They are Alessandro Acquisti, Associate Professor Information Technology and Public Policy, Carnegie Mellon University; Urs Gasser,  Executive Director, Berkman Center for Internet and Society; Pamela Jones Harbour, Former Commissioner, FTC; Kristina Irion, Assistant Professor, Center for Media and Communications Studies, Central European University; Jeff Jonas, Chief Scientist, IBM Entity Analytics Group, and Michael Kirby, Former Justice, High Court of Australia. The EPIC Advisory Board is a distinguished group of experts in law, technology, and public policy. Press Release. For more information, see EPIC: EPIC Advisory Board.

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Posted by EPIC on April 9, 2010 9:21 AM | | TrackBacks (0)

No EU-US Agreement on Transfer of EU Financial Data to US or Deployment of Airport Body Scanners

A meeting between top United States counter-terrorism officials and European counterparts ended in Madrid today with no agreement to restart a program that gave the US access to European financial data. The Terrorist Finance Tracking Program operated in secret from 2001 to 2006. European legislators objected to the program as a violation of EU privacy law. There also appeared to be no EU support for the further deployment of body scanners in European airports. EPIC has raised several objections to the body scanner program, including a letter with Ralph Nader to the administration, Congressional Testimony, and open government litigation, which revealed that the devices store and record images. For more information, see EPIC International Privacy Standards, EPIC Lisbon Treaty, EPIC Body Scanners.

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Posted by EPIC on April 9, 2010 5:31 PM | | TrackBacks (0)

April 14, 2010

Senator Leahy Urges Attorney General to Implement Patriot Act Reforms

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) has sent a letter to Attorney General Eric Holder regarding key privacy safeguards for the PATRIOT Act. The Senate Judiciary Committee passed the PATRIOT Act Sunset Extension Act earlier in the year, which included many reforms, but the full Senate did not act on the measure Because the administration supported the reforms within the bill, Sen. Leahy advised the Attorney General that he can voluntarily adopt many of the reforms even without Congressional action. Senator Leahy expressed particular concern about the possible misuse of National Security Letter authority. Attorney General Holder will appear before the Senate Judiciary Committee on Wednesday, April 14, 2010 for an oversight hearing. For more information, see EPIC: National Security Letters.

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Posted by EPIC on April 14, 2010 9:19 AM | | TrackBacks (0)

"Privacy and Intellectual Property"

Marc Rotenberg,
EPIC Executive Director

Giles S. Rich American Inn of Court
U.S. Court of Appeals for the Federal Circuit
Washington, DC
April 14, 2010

Posted by EPIC on April 14, 2010 3:07 PM | | TrackBacks (0)

Senators Raise Privacy Concerns About Current Body Scanner Technology

Three United States Senators have written a letter to Secretary Napolitano of the Department of Homeland Security, urging the Department to reconsider the whole body scanners currently planned for U.S. airports. Senators Collins (R-ME), Kyl (R-AZ), and Chambliss (R-GA) encouraged Secretary Napolitano to consider "auto-detection" devices instead of human screeners to address privacy concerns. The Senators noted that the current technology allows airport officials to "view detailed images of passengers’ bodies" and also that other systems could "save the government and airports money on physical space for screening." For more information, see EPIC: Whole Body Imaging Technology.

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Posted by EPIC on April 14, 2010 5:29 PM | | TrackBacks (0)

April 15, 2010

Congress Considers Nomination of NSA Director to US Cyber Command, Concerns Remain

The Senate Armed Services Committee will hold a hearing on April 15, to consider the nomination NSA Director Lt. Gen Keith B. Alexander to be the Commander of the US Cyber Command. EPIC has expressed concern about the expanded authority of the NSA within the United States and has specifically requested the public release of NSPD-54, the secret Presidential Directive that allows the NSA to conduct electronic surveillance against US citizens within the United States, prior to the confirmation of Lt. Gen. Alexander. EPIC is seeking this and related document in a Freedom of Information Act lawsuit. For more information, see EPIC Sues NSA to Force Disclosure of Cyber Security Authority.

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Posted by EPIC on April 15, 2010 9:28 AM | | TrackBacks (0)

Supreme Court to Hear Arguments in Text Messaging Privacy Case

The Supreme Court will hold oral arguments on Monday, April 19 in City of Ontario v. Quon, a case in which the Court will determine whether a government employer can search the content of text messages sent from an employee's pager. EPIC's has filed a "friend of the court" brief arguing that data minimization practices should be applied to public sector searches because of the Fourth Amendment reasonableness requirement and the fact that communications devices today collect and store detailed personal information, including internet search history, text messages, emails, and locational data.  EPIC urged the court to apply the standards set out in Comprehensive Drug Testing v. United States[4], which allow a government agency to undertake appropriate searches without unnecessarily violating privacy interests. For more information, see EPIC: City of Ontario v. Quon.

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Posted by EPIC on April 15, 2010 2:57 PM | | TrackBacks (0)

April 16, 2010

EPIC v. Homeland Security: Government has Over 2,000 Photos from Airport Body Scanners

As a result of a Freedom of Information Act lawsuit, EPIC has obtained hundreds of pages of documents from the Department of Homeland Security about the plan to deploy full body scanners in US airports. A letter to EPIC reveals that the government agency possesses about 2,000 body scanner photos from devices that the DHS said earlier "could not store or record images." EPIC has also obtained the most recent device procurement specifications, and several hundred new pages of traveler complaints. For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. Department of Homeland Security. 

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Posted by EPIC on April 16, 2010 2:04 PM | | TrackBacks (0)

Privacy Week - April 26-30

Department of Treasury
Privacy Week - April 26-30, 2010

Panel: Government Use of Web 2.0: Strategies, tactics and tools for social media

Lillie Coney
EPIC Associate Director
April 27, 2010

Posted by EPIC on April 16, 2010 6:24 PM | | TrackBacks (0)

April 19, 2010

Faster FOIA Act Heading for Senate Vote

A bill to improve the speed at which the government processes requests under the Freedom of Information Act (FOIA), called the Faster FOIA Act of 2010, was passed by the Senate Judiciary Committee late last week and has been reported to the full Senate for a vote. The bill was introduced in March by Senators Leahy (D-Vt.) and Cornyn (R-Tx.) and will establish a 16-member commission to conduct a study to determine methods for reducing delays in processing FOIA requests. For more information, see EPIC FOIA Litigation Docket, EPIC FOIA Litigation Manual.

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Posted by EPIC on April 19, 2010 4:32 PM | | TrackBacks (0)

EPIC Demands Release of Classified Answers on Privacy and Internet Standards from Cyber Command Nominee

EPIC has filed a Freedom of Information Act (FOIA) request with the National Security Agency (NSA) seeking the "classified supplement" that Director Lt. Gen. Keith Alexander filed with his answers to questions from the Senate Armed Services Committee regarding his nomination to be the Commander of the newly formed United States Cyber Command. Several of Lt. Gen. Alexander's classified responses were to questions regarding the privacy of Americans' communications, and EPIC's request urges the Agency to make the full responses public. EPIC is currently in litigation with the NSA to obtain the secret policy for NSA surveillance authority. For more information, see EPIC Sues NSA to Force Disclosure of Cybersecurity Authority.

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Posted by EPIC on April 19, 2010 4:34 PM | | TrackBacks (0)

NTIA to Hold Public Meeting on Information Privacy

The National Telecommunications and Information Administration(NTIA) will hold a public meeting on "Information Privacy and Innovation in the Internet Economy" on May 7. The NTIA is seeking comments from "all Internet stakeholders, including the commercial, academic, and civil society sectors, on the impact of current privacy laws in the United States and around the world on the pace of innovation in the information economy." The discussion will center around whether current privacy laws serve consumer interests and fundamental democratic values. EPIC has previously recommended comprehensive privacy standards for NTIA privacy working groups. EPIC has also filed friend of the court brief against the NTIA's disclosure of domain holder personal information. For more information see National Telecommunications and Information Administration: Public Notices.

Posted by EPIC on April 19, 2010 5:36 PM | | TrackBacks (0)

April 20, 2010

Study Shows Young Adults Care About Privacy

Researchers from the University of California at Berkeley and the University of Pennsylvania have released the results of a study comparing young adults and older adults on their attitudes and knowledge about privacy.  The empirical study shows that most young adults have similar concerns about online privacy policies to their older counterparts. The study's authors conclude that "young-adult Americans have an aspiration for increased privacy even while they participate in an online reality that is optimized to increase their revelation of personal data." For more information, see EPIC Public Opinion on Privacy.

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Posted by EPIC on April 20, 2010 1:58 PM | | TrackBacks (0)

Supreme Court Hears Arguments in Text Messaging Case

The U.S. Supreme Court held arguments in City of Ontario v. Quon. The Court will determine whether a government employer can review the contents of private text messages sent from an employee's pager through a private communications company. EPIC filed a "friend of the court" brief arguing that data minimization practices should be applied to public sector searches and that the search was therefore unreasonable.  EPIC urged the court to apply the standards set out in Comprehensive Drug Testing v. United States, which allow a government agency to undertake appropriate searches without unnecessarily violating privacy interests. For more information, see EPIC: City of Ontario v. Quon.

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Posted by EPIC on April 20, 2010 2:00 PM | | TrackBacks (0)

April 21, 2010

Coalition Petitions Homeland Security to Suspend Airport Body Scanners

EPIC and a broad coalition of organizations sent a formal petition to the Department of Homeland Security to demand that the agency suspend the airport body scanner program. The petition states that the "uniquely intrusive search" is unreasonable and violates the Constitution. The petition further states the program fails to comply with several federal laws, including the Religious Freedom Restoration Act , the Privacy Act of 1974, and the Administrative Procedures Act. The petitioners also argue that the machines are ineffective and that there are better, less costly security technology. The petitioners  contend that the TSA has routinely misled the pubic about the ability of the devices to store and transmit detailed images of travelers' naked bodies. In a Freedom of Information Act lawsuit, EPIC has already obtained technical documents, vendor contracts, and hundreds of traveler complaints. EPIC is seeking additional documents. For more information, see EPIC: Whole Body Imaging Technology and EPIC: EPIC v. Department of Homeland Security.

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Posted by EPIC on April 21, 2010 10:19 AM | | TrackBacks (0)

Media Law and Privacy

Media Law and Privacy

Marc Rotenberg,
EPIC Executive Director

Unversity of Kansas School of Law
Kansas City, MO
April 23, 2010

Posted by EPIC on April 21, 2010 1:53 PM | | TrackBacks (0)

Youth and Media Policy

Youth and Media Policy

Marc Rotenberg,
EPIC Executive Director

Berkman Center
Harvard Law School
Cambridge, MA
April 26, 2010

Posted by EPIC on April 21, 2010 1:56 PM | | TrackBacks (0)

Congress Passes Bill Banning Caller ID Spoofing

On April 15, the House of Representatives passed the Truth in Caller ID Act of 2010, which bans the transmission of misleading or inaccurate caller ID information "with the intent to defraud, cause harm, or wrongfully obtain anything of value." EPIC recommended this intent requirement in testimony before  the House in 2006 and 2007, and before the Senate in 2007 so that privacy techniques would be protected. The bill has passed the Senate and will likely be enacted into law. For more information, see EPIC Caller ID.

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Posted by EPIC on April 21, 2010 1:59 PM | | TrackBacks (0)

"Freedom and Security in Constitutional Democracies"

Marc Rotenberg,
EPIC Executive Director

Georgetown University Law Center
Washington, DC
April 28-29, 2010

Posted by EPIC on April 21, 2010 4:21 PM | | TrackBacks (0)

April 22, 2010

Facebook's Data Grab: New Policies Transfer Control of User Data to Facebook

Facebook announced significant changes at F8 this week that will integrate Facebook with many web sites, but also make it more difficult for Facebook users to limit the disclosure of personal information. The announcement follows recent changes to Facebook privacy settings and privacy policies. "Instant personalization" will give Facebook's business partners access to users' likes, interests, friends, and other details, unless users opt-out. Facebook has also removed a key privacy safeguard and will allow third parties to store user data indefinitely. EPIC has a complaint pending at the FTC concerning recent changes to Facebook's privacy settings. For more information, see EPIC: Facebook Privacy and EPIC's Previous FTC Complaint regarding Facebook, EPIC: In re Facebook.

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Posted by EPIC on April 22, 2010 2:41 PM | | TrackBacks (0)

April 26, 2010

White House Issues Rules for Security Reporting

A new White House memo sets out the Federal Information Security Management Act of 2002 (FISMA) standards for federal agencies. All agencies must comply with the FISMA standard and report security practices for information under agency control. The standard also extends obligations to agency contractors. By November 15, 2010, all agencies must be capable of monitoring all information traffic on their networks; and make reports to CyberScope, a platform launched last year to provide a single government-wide security management tool for FISMA reports. The Memorandum included requirements to respond to breaches of personal information. Agency Inspectors General will provide oversight of agency FISMA compliance. For more information, see EPIC's Cybersecurity page.

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Posted by EPIC on April 26, 2010 2:33 PM | | TrackBacks (0)

April 27, 2010

Supreme Court to Hear Arguments on Petitioner Privacy

The United States Supreme Court will hear arguments on Wednesday in the case of Doe v. Reed, in which the Court will determine whether the state of Washington may force disclosure of the names of citizens who have signed petitions for ballot initiatives. EPIC and 25 technical experts and legal scholars filed a "friend of the court" brief with the Court in March, urging the Justices to protect the privacy of those who sign petitions. EPIC's brief argues that revealing the names would subject signatories to the risk of retribution, that signing petitions constitutes anonymous speech, and that signing petitions is similar to casting a vote and should be protected accordingly. For more information, see EPIC Doe v. Reed.

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Posted by EPIC on April 27, 2010 10:14 AM | | TrackBacks (0)

Senators Oppose Facebook Changes, Schumer Urges Trade Commission to Regulate Social Network Services

Senators Charles Schumer (D-NY), Michael Bennet (D-CO), Mark Begich (D-AK), and Al Franken (D-MI) have sent a letter to Facebook CEO Mark Zuckerberg to express concern about "recent changes to the Facebook privacy policy and the use of personal data by third-party websites." Senator Schumer has also asked the Federal Trade Commission to establish guidelines for social networking sites. The Senators' statements came after Facebook announced it would disclose user data to websites without consent. Senator Schumer stated "Previously, users had the ability to determine what information they chose to share and what information they wanted to keep private." EPIC has filed a complaint and with the FTC about the recent changes to Facebook's privacy settings. For more information, see EPIC: Facebook Privacy and EPIC: In re Facebook.

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Posted by EPIC on April 27, 2010 2:00 PM | | TrackBacks (0)

Congressional Hearing: "An Examination of Children's Privacy: New Technologies and the Children's Online Privacy Protec

Congressional Hearing: "An Examination of Children's Privacy: New Technologies and the Children's Online Privacy Protection Act"

Marc Rotenberg,
EPIC Executive Director

United States Senate
Washington, DC
April 29, 2010

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Posted by EPIC on April 27, 2010 2:12 PM | | TrackBacks (0)

April 28, 2010

EPIC Urges Congress to Extend Children's Privacy Law to Teenagers and Social Network Services, Says Current Law Has Failed to Keep Up with New Business Practices

EPIC President Marc Rotenberg testified today before the Senate Commerce Committee. He said that "COPPA did not anticipate the immersive online experience that a social network service would provide or the extensive data collection of both the trivial and the intimate information that children would share with friends." Mr. Rotenberg also pointed to the FTC's failure to enforce children's privacy rights despite clear-cut violations of the fedral law. EPIC recommended updates that would expand COPPA protections to teens and clarify the law's application to mobile and social network services. EPIC'S press release can be found here. For more, see EPIC: COPPA

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Posted by Verdi on April 28, 2010 12:31 PM | | TrackBacks (0)

April 30, 2010

EPIC Urges Federal Court to Protect Individuals from Wiretap Abuse

EPIC filed a "friend of the court" brief, urging a federal appeals court to protect the privacy of innocent individuals who were inadvertently recorded on federal wiretaps. In SEC v. Rajaratnam, a trial court judge ordered disclosure of all wiretaps conducted in a criminal investigation, even though a court has yet to rule on the recordings' legality or relevance. EPIC noted that "hundreds of thousands of individuals are recorded on wiretaps every year," and "80% of those personal communications are wholly unrelated to criminal activity." For more information, see SEC v. Galleon and EPIC Wiretapping.

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Posted by EPIC on April 30, 2010 4:44 PM | | TrackBacks (0)

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About April 2010

This page contains all entries posted to epic.org in April 2010. They are listed from oldest to newest.

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