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December 2010 Archives

December 1, 2010

European Union Opens Anti-Trust Investigation of Google

The European Commission announced it is investigating Google for potential anti-trust violations. The Commission decided to initiate formal proceedings against Google after complaints from search-service providers "about unfavorable treatment of their services in Google's unpaid and sponsored search results coupled with an alleged preferential placement of Google's own services." EPIC previously filed a complaint with the Federal Trade Commission regarding Google’s proposed merger with the advertising company DoubleClick and its implications for consumer privacy. EPIC Executive Director Marc Rotenberg also testified in Congress during the review of this merger, urging the Federal Trade Commission to establish privacy safeguards as a condition of the merger. When the Agency approved the merger without any conditions, EPIC charged that the Agency had "reason to act, and authority to act, but failed to do so." For more information, see EPIC: Google DoubleClick.

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Posted by EPIC on December 1, 2010 12:15 PM | | TrackBacks (0)

December 2, 2010

Federal Trade Commission Recommends Do Not Track, Privacy by Design, and Short Privacy Notices

The Federal Trade Commission released a preliminary staff report on privacy, following a series of public roundtable discussions. The report recommends the establishment of a Do Not Track mechanism, the adoption of a "privacy by design" techniques, and the use of simplified consumer privacy notices. However, the FTC report did not address the privacy implications of cloud computing and social networking, the need for a US privacy agency, or a comprehensive federal privacy law based on "Fair Information Practices," as privacy groups had urged. For more information, see EPIC: Federal Trade Commission.

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Posted by EPIC on December 2, 2010 9:38 AM | | TrackBacks (0)

December 3, 2010

Public Comments Sought on Federal "Fusion Centers"

The National Protection and Programs Directorate (NPPD) [1] [2] and the Office of Operations [1] [2] at the Department of Homeland Security are seeking comments on Fusion centers, intelligence databases that have raised substantial privacy concerns. Information in fusion centers comes from many sources, including government agencies, private sector firms and anonymous tipsters. EPIC has urged Congress to improve accountability and oversight of this program. An EPIC FOIA lawsuit also revealed that federal Fusion Centers undermine state privacy and open government laws. Comments are due December 15, 2010. For More Information, see EPIC: Information Fusion Centers and Privacy, EPIC: Total Information Awareness, and EPIC v. Virginia Department of State Police (Fusion Center Secrecy Bill).

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Posted by EPIC on December 3, 2010 9:33 AM | | TrackBacks (0)

December 6, 2010

"Cybersecurity in Commerce: Protecting Users and Innovation Online"

"Cybersecurity in Commerce: Protecting Users and Innovation Online"

Marc Rotenberg,
EPIC President

The Atlantic and Government Executive
National Press Club
December 16, 2010

Posted by EPIC on December 6, 2010 9:41 AM | | TrackBacks (0)

"Special Session on Access to Public Information"

Marc Rotenberg,
EPIC President

Organization of American States
Permanent Council
Washington, DC
December 13, 2010

Posted by EPIC on December 6, 2010 9:46 AM | | TrackBacks (0)

December 8, 2010

"The End of the Free Internet" (The WikiLeaks Controversy)

"The End of the Free Internet" (The WikiLeaks Controversy)

Marc Rotenberg,
EPIC Executive Director

Real News Network
December 8, 2010
8:15 pm EST

Posted by EPIC on December 8, 2010 12:23 PM | | TrackBacks (0)

EPIC Urges Investigation of White House FOIA Review Policy

In a letter (Appendix 1-6, 7-12, 13-18)sent today to the FOIA Ombudsman, EPIC recommended an investigation of the Department of Homeland Security’s policy of referring FOIA requests to political appointees in the White House. Under the DHS policy, political appointees receive detailed information about the identity of FOIA requesters and the topics of their requests. This policy is contrary to federal law and Supreme Court holdings, as the FOIA does not permit agencies to select FOIA requests for political scrutiny. The release of over 1,000 agency documents reveals a persistent agency practice of flagging FOIA requests from EPIC and other organizations for referral to political appointees. For related information see EPIC: Open Government and EPIC: Litigation under the Federal Open Government Laws 2010.

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Posted by EPIC on December 8, 2010 3:44 PM | | TrackBacks (0)

December 9, 2010

Court Finalizes Briefing Schedule in EPIC v. DHS Body Scanner Case

The United States Court of Appeals for the District of Columbia Circuit has finalized a briefing schedule in EPIC's case, No. 10-1157, against the Department of Homeland Security. The court has set a December 23, 2010 deadline for the agency's brief and a January 6, 2011 deadline for EPIC's reply. Final briefs will be due on January 27, 2011. EPIC has filed suit against the Department of Homeland Security to suspend the body scanner program because it is "unlawful, invasive, and ineffective." In its opening brief, EPIC argued that the federal agency has violated the Administrative Procedures Act, the Privacy Act, the Religious Freedom Restoration Act, the Video Voyeurism Prevention Act, and the Fourth Amendment. For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology.

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Posted by EPIC on December 9, 2010 5:05 PM | | TrackBacks (0)

"All's Fair in WikiLeaks and Cyber-Warfare"

"All's Fair in WikiLeaks and Cyber-Warfare"

Marc Rotenberg,
EPIC President

Warren Olney, To The Point
December 10, 2010

Posted by EPIC on December 9, 2010 5:45 PM | | TrackBacks (0)

December 10, 2010

Connecticut Attorney General Demands Google Street View Data

Connecticut Attorney General, and Senator-elect, Richard Blumenthal issued a "civil investigative demand," similar to a subpoena, for access to the data Google's Street View cars collected from homes and businesses in Connecticut. "Google's story changed," Blumenthal said, "first claiming only fragments were collected, then acknowledging entire emails." Google's purposeful and secretive collection of wifi data occurred in thirty countries over a three-year period, and several countries are investigating. The data sought by the Connecticut AG could provide evidence of illegal activity in the United States. The Federal Communications Commission has also opened an investigation after EPIC filed a complaint, asking the Commission to investigate Google's possible violations of federal wiretap law and the U.S. Communications Act. For more information, see EPIC: Google Street View.

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Posted by EPIC on December 10, 2010 2:38 PM | | TrackBacks (0)

EPIC Advises Congress on Do Not Track Proposal

EPIC submitted a statement to the House Energy and Commerce Committee, following a hearing on "Do Not Track Legislation: Is Now the Right Time?" Congress is considering proposals that would enable users to opt-out of third-party web tracking, including behavioral advertising. EPIC recommended that Congress review the lessons learned from the history of the Do Not Call List and the Telephone Consumer Protection Act. EPIC said that an effective Do Not Track initiative must ensure that a consumer’s decision to opt-out is "enforceable, persistent, transparent, and simple." For more information, see: EPIC: Online Tracking and Behavioral Advertising.

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Posted by EPIC on December 10, 2010 3:05 PM | | TrackBacks (0)

United Nations Marks International Human Rights Day 2010

December 10 marks the United Nation's annual International Human Rights Day, which celebrates the signing of the Universal Declaration of Human Rights. The Declaration sets forth universal privacy rights in Article 12 and rights to freedom of expression in Article 19. The Declaration's importance and influence is recognized in the U.S. State Department's annual Human Rights Reports. In 2009, the Public Voice published the Madrid Privacy Declaration, which affirmed these international rights to privacy and free and open expression. You can find more information and resources through the U.N. Dag Hammarskjöld Library's Human Rights Day page.

Posted by EPIC on December 10, 2010 3:33 PM | | TrackBacks (0)

December 14, 2010

Study: TSA Whole Body Scanners Ineffective at Detecting Explosives

Evidence mounts that TSA’s whole-body scanners are not designed to detect powdered explosives or other low-density materials that pose a threat  to airline safety. Leon Kaufman and Joseph W. Carlson’s new study finds that “Even if exposure were to be increased significantly, normal anatomy would make a dangerous amount of plastic explosives with tapered edges difficult, if not impossible to detect.” Kaufman and Carlson’s study examined the imaging and device specifications of the backscatter machines to estimate the penetration and exposure to the body from the x-ray beam and the machines’ sensitivity to contraband. The authors’ study also echoes concerns about the health risks associated with the backscatter devices. EPIC has filed a lawsuit against the Department of Homeland Security to suspend the body scanner program because it is "unlawful, invasive, and ineffective." For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology.

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Posted by EPIC on December 14, 2010 11:24 AM | | TrackBacks (0)

Vermont Urges Supreme Court to Overturn Second Circuit's Medical Privacy Decision

The State of Vermont has petitioned the Supreme Court to review a Court of Appeals decision striking down the state's prescription confidentiality law. The law regulates data mining companies that sell or use doctors' prescribing records containing personal information on patients. EPIC had filed a "friend of the court" brief in support of the law. The decision, issued by the Second Circuit, diverged significantly with two previous decisions upholding similar laws in the First Circuit. Vermont's brief emphasized the importance of consistency across state boundaries, listing twenty six other states considering proposed prescription confidentiality laws. The Vermont Attorney General wrote, "As the ability to amass volumes of information about prospective customers - including health care providers - grows, States and other regulators need guidance as to the scope of their ability to allow individual Americans to control access to and use of their information." For more information, see EPIC: IMS Health v. Sorrell and EPIC: IMS Health v. Ayotte.

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Posted by EPIC on December 14, 2010 11:30 AM | | TrackBacks (0)

December 15, 2010

Google Violated New Zealand Privacy Law

The New Zealand Privacy Commissioner found that Google violated New Zealand privacy law when its Street View vehicles collected data, including the content of personal emails, from wireless routers located in private homes and businesses. The Privacy Commissioner said that Google "breached our privacy law when it collected the content of people's communications." Several countries, including the U.K., Germany, Spain, and Canada, have conducted similar investigations and determined that Google violated their privacy laws. In the U.S., the Federal Communications Commission opened an investigation after EPIC filed a complaint, asking the Commission to investigate possible violations of federal wiretap law and the Communications Act. For more information, see EPIC: Google Street View.

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Posted by EPIC on December 15, 2010 3:02 PM | | TrackBacks (0)

December 16, 2010

"Special Session on Access to Public Information"

Marc Rotenberg,
EPIC President

Organization of American States
Permanent Council
Washington, DC
December 13, 2010

Posted by EPIC on December 16, 2010 10:01 AM | | TrackBacks (0)

Commerce Department Releases Data Privacy Report

The Department of Commerce Internet Policy Task Force released a Green Paper on "Commercial Data privacy and Innovation in the Internet Economy: A Dynamic Policy Framework." The report calls for the adoption of Fair Information Practices (FIPs), the development of privacy codes of conducts, and the creation of a privacy office in the Department of Commerce. But theCommerce report stops short of a legislative proposal and an independent privacy agency. Oddly, the report cites the 1990s "Safe Harbor" Arrangement as a successful policy initiative. EPIC has routinely advocated the adoption of FIPs as the basis for strong privacy laws and has recommended the establishment of a federal privacy agency.

Posted by EPIC on December 16, 2010 5:16 PM | | TrackBacks (0)

EPIC Reminds DHS that "Fusion Centers" are Subject to the Federal Privacy Act

EPIC has submitted comments [1], [2] to two departments in the Department of Homeland Security concerning the establishment of federal "fusion centers" that would contained detailed personal information on US citizens. The Department of Homeland Security is seeking to exempt these databases from key protections in the Privacy Act. EPIC said that the Department must comply with Privacy Act requirements. The Media Freedom and Information Access Practicum Information Society Project at Yale Law Law School has also submitted comments on the DHS plan. For more information, see EPIC: Information Fusion Centers and Privacy, EPIC: Total Information Awareness, and EPIC v. Virginia Department of State Police (Fusion Center Secrecy Bill).

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Posted by EPIC on December 16, 2010 5:54 PM | | TrackBacks (0)

December 17, 2010

Federal Appeals Court Finds A "Reasonable Expectation of Privacy" in Email

The Sixth Circuit Court of Appeals has ruled that the Constitution establishes greater protections for stored email than is set out in federal laws. In Warshak v. United States, the government compelled an internet service provider to reveal 27,000 emails without securing a warrant or giving notice to the customer, Steven Warshak. The Court held that the seizure violated Warshak's Fourth Amendment rights. In response to the Government's assertions that its actions were based on the Stored Communications Act, the Court responded "to the extent that the SCA purports to permit the government to obtain such emails warrantlessly, the SCA is unconstitutional." The Sixth Circuit joins the First Circuit in finding that email is subject to strong protections under electronic privacy laws. EPIC joined a group of civil liberties organizations and Professor Orin Kerr to submit a "Friend of the Court" brief in U.S. v. Councilman, a First Circuit case concerning email and the Wiretap Act. A separate amicus brief in Councilman from leading technology experts explained that privacy protection is "critical for electronic mail." For more information, see EPIC: Wiretapping.

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Posted by EPIC on December 17, 2010 12:30 PM | | TrackBacks (0)

Court of Appeals Requires Warrant  for Access to Location Data

The Third Circuit Court of Appeals affirmed an earlier decision that the government cannot seize historical cell-site data without first satisfying strict warrant requirements. The data identifies the location of the towers nearest to a mobile phone user at the beginning and end of each call, often logged over more than a year's time. A Pennsylvania magistrate required "probable cause" for access to a suspect's cell-site data. When the government appealed, the Third Circuit upheld the magistrate judge's decision. After the government's second appeal for a rehearing, the Third Circuit has once again upheld the requirement for a higher showing.  For more information, see EPIC: Wiretapping and EPIC: Locational Privacy.

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Posted by EPIC on December 17, 2010 12:39 PM | | TrackBacks (0)

Delaware Court Strikes Down Warrantless GPS Tracking

The Delaware Superior Court has ruled that police must obtain a warrant before using GPS devices to monitor vehicles. The Court said that the Delaware Constitution protects its citizens' reasonable expectation of privacy from "constant surveillance." "Everyone understands there is a possibility that on any one occasion or even multiple occasions, they may be observed by a member of the public or possibly law enforcement," the Court reasoned, "but there is not such an expectation that an omnipresent force is watching your every move." In a related case, the Massachusetts Supreme Court held that a warrant is required for the use of a GPS tracking device. EPIC filed an amicus brief in that case. For more information, see EPIC: Commonwealth v. Connolly and EPIC: Locational Privacy.

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Posted by EPIC on December 17, 2010 12:43 PM | | TrackBacks (0)

December 21, 2010

Oral Argument Set in EPIC Lawsuit to Suspend Airport Body Scanners

The United States Court of Appeals for the District of Columbia Circuit has scheduled oral argument in EPIC's case, No. 10-1157, against the Department of Homeland Security. The court set a March 10, 2011 date for the parties to present oral argument before the Court. EPIC filed suit against the Department of Homeland Security to suspend the body scanner program because it is "unlawful, invasive, and ineffective." In its opening brief, EPIC argued that the federal agency has violated the Administrative Procedures Act, the Privacy Act, the Religious Freedom Restoration Act, the Video Voyeurism Prevention Act, and the Fourth Amendment. For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology.

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Posted by Verdi on December 21, 2010 2:53 PM | | TrackBacks (0)

December 22, 2010

Gallup Poll Shows Public Opposed to Online Tracking

A new Gallup poll reveals that 67% of U.S. Internet users do not believe advertisers should "be allowed to match ads to your specific interests based on websites you have visited." Even when confronted with the idea that these targeted ads could keep costs down for users, 61% of those polled said these tracking techniques are "not worth the invasion of privacy involved." These results indicate that the public may support a Do Not Track mechanism, which the Federal Trade Commission recommended establishing in its privacy report. EPIC submitted a statement to Congress saying that an effective Do Not Track initiative must ensure that a consumer's decision to opt-out is "enforceable, persistent, transparent, and simple." For more information, see EPIC: Online Tracking and Behavioral Profiling.

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Posted by EPIC on December 22, 2010 12:44 PM | | TrackBacks (0)

December 23, 2010

The Stripping of Freedom: A Careful Scan of the TSA

James Babb,
We Won't Fly

Wes Benedict,
Libertarian Party

Rep. Jason Chaffetz (invited)

Lillie Coney,
EPIC Associate Director

David Greenfield,
New York City Council

Kate Hanni,
Flyers Rights Advocate

Jim Harper,
Cato Institute

Rep. Rush Holt (invited)

Nadhira Al-Khalili,
CAIR

Ginger McCall,
Assistant Director, EPIC Open Government Program

Ralph Nader

Chip Pitts
Stanford Law School & Oxford University

Prof. Jeffrey Rosen
George Washington University

Bruce Schneier
Counterpane Systems

Carnegie Institute for Science
Washington, DC
January 6, 2010

Posted by EPIC on December 23, 2010 11:21 AM | | TrackBacks (0)

Digital Privacy Forum

Digital Privacy Forum

Marc Rotenberg,
EPIC Executive Director

Medisbistro
New York, NY
January 20, 2011

Posted by EPIC on December 23, 2010 12:19 PM | | TrackBacks (0)

"Data Protection Day: Joint High Level Meeting"

"Data Protection Day: Joint High Level Meeting"

Marc Rotenberg,
EPIC Executive Director

European Commission and Council of Europe
Brussels, Belgium
28 January 2011

Posted by EPIC on December 23, 2010 12:21 PM | | TrackBacks (0)

President Signs "Truth in Caller ID" Bill

President Obama signed the "Truth in Caller ID Act," banning the transmission of misleading or inaccurate caller ID information "with the intent to defraud, cause harm, or wrongfully obtain anything of value." This change will affect "any real time voice communications service, regardless of the technology or network utilized." EPIC recommended this intent requirement in testimony before the House in 2006 and 2007, and before the Senate in 2007, so that Privacy Enhancing Techniques (PETs) would not be criminalized. For more information, see EPIC: Caller ID.

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Posted by EPIC on December 23, 2010 12:34 PM | | TrackBacks (0)

Social Security Protection Act of 2010 Becomes Law

President Obama signed a bill aimed at reducing identity theft by limiting the Government's use of and access to social security numbers. The bill, which passed the House and Senate, prohibits government agencies from printing social security numbers on checks and from allowing prison inmates access to social security numbers. "Social Security numbers are among Americans' most valuable but vulnerable assets," said Sen. Feinstein, a sponsor of the bill. "Identity theft is a serious concern for all consumers, and we should make every effort to protect personal information." EPIC has testified many times before Congress on the need to safeguard the SSN, including House hearings in 2000, 2001, 2006, 2007 and EPIC has also litigated important cases on SSN privacy.  For more information, see EPIC: Social Security Numbers, EPIC: Identity Theft, and EPIC: Doe v. Chao.

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Posted by EPIC on December 23, 2010 1:54 PM | | TrackBacks (0)

December 27, 2010

"Mobile Privacy"

Ginger McCall,
EPIC Counsel

Federal Communications Bar Association
Washington, DC
January 25, 2011

Posted by EPIC on December 27, 2010 5:08 PM | | TrackBacks (0)

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About December 2010

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

November 2010 is the previous archive.

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