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June 2011 Archives

June 14, 2011

21st Annual Computers Freedom and Privacy Conference

21st Annual Computers Freedom and Privacy Conference
"The Future is Now"

Lillie Coney,
EPIC Associate Director
Co-Chair CFP 2011

Georgetown Law Center
Washington, DC
June 14-16, 2011

June 13, 2011

EPIC's Annual Champion of Freedom Awards Dinner 2011

June 13 Dinner

EPIC's Annual Champion of Freedom Awards Dinner

The Fairfax at Embassy Row
Washington, D.C.
June 13, 2011

June 8, 2011

Information: Making Sense of the Deluge

Information: Making Sense of the Deluge

Marc Rotenberg,
EPIC Executive Director

The Economist
Santa Clara Convention Center
Santa Clara, CA
June 8, 2011

June 1, 2011

Senate Unanimously Passes Faster FOIA Act

The Senate has unanimously approved bipartisan legislation, sponsored by Senators Leahy (D-VT) and Cornyn (R-TX), that will improve the Freedom of Information Act (FOIA). The Faster FOIA Act will establish an advisory panel to examine agency backlogs in processing FOIA requests and provide recommendations to Congress for legislative and administrative action to enhance agency processing. The bill now moves on to the House of Representatives for consideration. EPIC testified earlier this year in a House Oversight Committee hearing on the need to strengthen FOIA. For more information, see EPIC: Open Government.

Court Awards Funds to EPIC in Google Buzz Case

A federal district court overseeing a class action case concerning Google Buzz has revised a proposed settlement agreement to ensure that EPIC receives part of the settlement fund. EPIC's complaint about Buzz to the Federal Trade Commission resulted in sweeping new privacy safeguards for Google users. But EPIC was excluded from a proposed agreement in which a Court had ordered distribution of settlement funds to organizations "who would reasonably benefit the class through established Internet privacy education and policy programs." Judge Ware held that "the Court does not find good cause to exclude EPIC from the list of recipients of the cy pres funds. EPIC has demonstrated that it is a well-established and respected organization within the field of internet privacy and that it has sufficiently outlined how the cy pres funding will be used to further the interests of the class." For more information, see EPIC - In re Google Buzz.

June 3, 2011

European Data Protection Supervisor Suggests Repeal of Data Retention Directive

The European Data Protection Supervisor Peter Hustinx has raised the possibility of repealing Europe's Data Retention Directive. which requires telecommunication companies and ISPs to retain user data for law enforcement purposes. According to Hustinx, the Directive does not provide clear guidance about why this data must be retained or who will have access to it. In his opinion, Hustinx stated that the Directive does not meet the requirements set out by the rights to privacy and data protection, and asked the European Commission to consider all options "including the possibility of repealing the Directive." Several European courts have also found that the Directive violates Article 8 of the European Convention on Human Rights. For more information, see EPIC: Data Retention.

On Privacy, Americans More Concerned about Big Business than Big Government

A new survey from the Center for the Digital Future at the University of Southern California found that almost half of Americans over 16 who use the Internet are worried about businesses watching their online activities. Only 38% worried about the Government doing so. The poll found also limited enthusiasm for online voting. For more information on public attitudes toward privacy, see EPIC: Public Opinion on Privacy.

June 10, 2011

Ban the Scan Rally

Ban the Scan Rally

Amie Stepanovich,
EPIC National Security Counsel

Union Square
New York, NY
June 10, 2011

June 6, 2011

House Passes Budget for TSA, Cuts Funding for Body Scanners

The House has approved the 2012 budget for the Transportation Security Administration, cutting $270 million from the amount originally requested by the Agency. The cuts include $76 million that had been designated for the purchase of 275 airport body scanners. Leading lawmakers and activists have called attention to the health risks associated with the scanners, as well as their invasiveness. Representative Jason Chaffetz (R-UT) criticized the machines as “slow” and “ineffective.” Later this month, the Campaign for Liberty will host a Ban the Scan rally in New York that will feature anti-TSA activist and former Miss USA, Susie Castillo. The Campaign is working to eliminate body scanners in New York city. Rep. Chaffetz and Ms. Castillo will be among those honored at EPIC’s Annual Champion of Freedom Awards. For More Information, see EPIC: Whole Body Imaging Technology and EPIC: EPIC v. DHS: Suspension of Body Scanner Program.

Election Assistance Commission Advisory Board Meeting

Election Assistance Commission Advisory Board Meeting

Lillie Coney
EPIC Associate Director
EAC Advisory Board Member

Washington, DC
June 6-7, 2011

June 8, 2011

WhiteHouse.gov to Track Users for Two Years

The White House modified its privacy policy for WhiteHouse.gov on June 3, 2011. The new policy is more than twice as long as the old policy. The new policy states the White House web site now uses persistent Google Analytics cookies that track users for up to two years. Previously the site employed only single-session cookies, which were automatically deleted when users closed their browsers. The site does not provide a means for visitors to opt out of receiving cookies. The present policy reflects changes the administration made last year to allow for use of tracking cookies by federal websites. For more information, see EPIC: White House Adopts Weird Opt-Out Privacy Policy for Public Access to Government Web Sites.

Commerce Department Releases Cybersecurity Report, Seeks Comments

The U.S. Department of Commerce has released a green paper on "Cybersecurity, Innovation, and the Internet Economy." The paper is the latest deliverable published by Secretary Locke's Internet Policy Task Force, established in April 2010 as collaboration between technical, policy, trade, and legal experts. The Department’s goal is to provide voluntary standards and incentives for Internet stakeholders who fall outside of the scope of "critical infrastructure." The White House released draft cybersecurity legislation in May 2011 that would designate the Department of Homeland Security as the lead administrative agency for critical infrastructures. The Department of Commerce poses several questions in the green paper, and is encouraging stakeholders to submit comments, which are due in 45 days. For more information, see EPIC: Cybersecurity and Privacy.

Senator Leahy Introduces Data Privacy Bill

Senator Leahy introduced the Data Privacy Bill of 2011, which is aimed at increasing protection for Americans' personal information and privacy. The bill establishes a national breach notification standard, and requires businesses to safeguard consumer information and allow consumers to correct inaccurate information. Leahy previously sponsored the Personal Data Privacy and Security Act in 2005 and has introduced similar legislation in the last three Congresses. For more information, see EPIC: Identity Theft and Summary of Legislation.

June 10, 2011

EPIC, ACLU, EFF, and Others Urge Homeland Security to Stop Creation of National Identity System

EPIC and a coalition of privacy, consumer rights, and civil rights organizations filed a statement to the Department of Homeland Security in opposition to the proposed expansion of the employment verification system, "E-Verify." The agency announced plans to incorporate state driver license records that could significantly expand the use of the Homeland Security database. The groups said that the DHS proposal is unlawful and looks very similar to the REAL ID scheme that was previously defeated. EPIC has testified before Congress and published a "Spotlight on Surveillance" report about E-Verify. For more information, see EPIC: Employment Eligibility Verification System and EPIC: National ID.

EPIC Files Complaint, Urges Investigation of Facebook's Facial Recognition Techniques

Today EPIC, and several privacy organizations, filed a complaint with the Federal Trade Commission about Facebook's automated tagging of Facebook users. EPIC alleged that the service was unfair and deceptive and urged the FTC to require Facebook to suspend the program, pending a full investigation, the establishment of stronger privacy standards, and a requirement that automated identification, based on user photos, require opt-in consent. EPIC alleged that "Users could not reasonably have known that Facebook would use their photos to build a biometric database in order to implement a facial recognition technology under the control of Facebook." EPIC warned that "absent injunctive relief by the Commission, Facebook will likely expand the use of the facial recognition database it has covertly established for purposes over which Facebook users will be able to exercise no meaningful control." EPIC has previously filed two complaints with the Commission regarding Facebook. For more information see EPIC: Facebook Privacy.

June 14, 2011

Congressman Markey Commends EPIC, Privacy Groups for Filing Facebook Complaint

Congressman Ed Markey today expressed support for the complaint filed last week by EPIC and privacy groups concerning Facebook's new scheme for online tagging. In a published statement, Congressman Markey said, "The Federal Trade Commission should investigate this important privacy matter, and I commend the consumer groups for their filing. When it comes to users’ privacy, Facebook’s policy should be: 'Ask for permission, don’t assume it.' Rather than facial recognition, there should be a Facebook recognition that changing privacy settings without permission is wrong. I encourage the FTC to probe this issue and will continue to closely monitor this issue." EPIC and consumer groups now have several complaints regarding Facebook pending at the FTC. For more information, see EPIC - In re Facebook and EPIC - In re Facebook II, and EPIC - Facebook and Privacy.

June 15, 2011

EPIC Testifies in Congress on Data Breach Legislation

EPIC Executive Director Marc Rotenberg testified today before the House Commerce Committee on the SAFE Data Act, a bill introduced by Rep. Bono-Mack to require greater protection for sensitive consumer data and timely notification in case of breach. EPIC emphasised the growing problem of data breaches and the likelihood that problems would get worse as more user data moves to cloud-based services. EPIC supported recent changes in the bill that would require companies to act more quickly in case of breach and encourage minimization of data collection. EPIC recommended changes in the bill to strengthen enforcement, require notification, protect identifiers linked to individuals, and ensure that state governments are able to respond on behalf of consumers as new problems emerge. Webcast

Reps. Chaffetz and Holt, Susie Castillo, and Wall Street Journal Receive EPIC Champion of Freedom Awards

At the 2011 EPIC awards dinner, Congressman Jason Chaffetz (R-UT), Congressman Rush Holt (D-NJ), The Wall Street Journal, and TV actress and former Miss USA, Susie Castillo received the EPIC awards for the defense of civil liberties and human rights, and for raising public awareness of new challenges to privacy. Rep. Chaffetz pursued meaningful oversight of the TSA and helped strengthen the FOIA. Rep. Holt is a leading champion for Patriot Act reform. The Wall Street Journal's investigative series "What They Know" exposed how the world's most popular web sites secretly track and monitor consumers' online behavior. Jeffrey Rosen danah boyd cohosted the event in Washington, D.C. Ralph Nader presented the EPIC Citizen Activist award to Susie Castillo, a leading advocate for the dignity of air travelers. For more information, see EPIC Champion of Freedom Awards Dinner.

June 21, 2011

Hearing: Cybersecurity and Data Protection in the Financial Sector

Hearing: Cybersecurity and Data Protection in the Financial Sector

Marc Rotenberg,
EPIC Executive Director

Senate Banking Committee
United States Senate
Washington, DC
June 21, 2011

June 27, 2011

National Strategy for Trusted Identities in Cyberspace (NSTIC) Privacy Workshop

National Strategy for Trusted Identities in Cyberspace (NSTIC) Privacy Workshop

Amie Stepanovich,
EPIC National Security Counsel

MIT
Cambridge, MA
June 27-28, 2011

June 21, 2011

In Response to Mounting Evidence of Data Breach Risk, EPIC Urges Congress to Act

EPIC Executive Director Marc Rotenberg testified before the Senate Banking Committee, urging lawmakers to apply breach notification regulations to financial institutions and promote authentication techniques that reduce risks to consumers. EPIC observed that "current laws do not adequately protect consumers," and highlighted a series of recent high profile data breaches in the financial sector. The hearing, "Cybersecurity and Data Protection in the Financial Sector" follows May 2011 data breaches at Citigroup and Bank of America. The breaches exposed sensitive financial data linked to hundreds of thousands of consumers; individuals lost millions of dollars from their accounts. EPIC previously testified before the House concerning data breach legislation. For more, see EPIC: Identity Theft and EPIC Testifies in Congress on Data Breach Legislation.

Trans Atlantic Consumer Dialogue 12th Annual Meeting

Trans Atlantic Consumer Dialogue 12th Annual Meeting

Lillie Coney,
EPIC Associate Director

Brussels, Belgium
June 19-22, 2011

June 23, 2011

Supreme Court Strikes Down Prescription Privacy Law

In a 6-3 decision, the Supreme Court struck down Vermont's prescription privacy law. IMS Health, Inc. v. Sorrell held that the Vermont statute, which bars disclosure of prescription data for marketing purposes, violates data mining firms' free speech rights. Vermont "burdened a form of protected expression that it found too persuasive. At the same time, the State has left unburdened those speakers whose messages are in accord with its own views. This the State cannot do." the Court wrote. The Court suggested that a more privacy-protective statute might have withstood Constitutional scrutiny, writing "the State might have advanced its asserted privacy interest by allowing the information’s sale or disclosure in only a few narrow and well-justified circumstances. A statute of that type would present quite a different case than the one presented here." EPIC filed an amicus brief on behalf of 27 technical experts and legal scholars, as well as nine consumer and privacy groups, arguing that the privacy interest in safeguarding medical records is substantial and that the "de-identification" techniques adopted by data-mining firms do not protect patient privacy. For more information, see EPIC: IMS Health v. Sorrell.

June 24, 2011

FCC Adopts New Penalties for Caller ID Spoofing, Adopts EPIC Recommendations

The Federal Communications Commission adopted new rules that provide for increased penalties for Caller ID "spoofing," the practice of faking caller ID information that is often used to harm consumers. Under the new rules, the FCC can fine violators up to $10,000 each time they change their caller ID information with the intent to cause harm. The intent requirement is important because "spoofing" can also be used for privacy protection, such as at a domestic violence shelter. EPIC previously recommended adoption of the intent requirement in its comments to the Commission and in testimony before the House in 2006 and 2007 and before the Senate in 2007. For more information, see EPIC: Caller ID.

EPIC v. DHS Lawsuit -- FOIA'd Documents Raise New Questions About Body Scanner Radiation Risks

In a FOIA lawsuit against the Department of Homeland Security, EPIC has just obtained documents concerning the radiation risks of TSA's airport body scanner program. The documents include agency emails, radiation studies, memoranda of agreement concerning radiation testing programs, and results of some radiation tests. One document set reveals that even after TSA employees identified cancer clusters possibly linked to radiation exposure, the agency failed to issue employees dosimeters - safety devices that could assess the level of radiation exposure. Another document indicates that the DHS mischaracterized the findings of the National Institute of Standards and Technology, stating that NIST "affirmed the safety" of full body scanners. The documents obtained by EPIC reveal that NIST disputed that characterization and stated that the Institute did not, in fact, test the devices. Also, a Johns Hopkins University study revealed that radiation zones around body scanners could exceed the "General Public Dose Limit." For more information, see EPIC: EPIC v. Department of Homeland Security - Full Body Scanner Radiation Risks and EPIC: EPIC v. DHS (Suspension of Body Scanner Program).

June 27, 2011

Federal Trade Commission Launches Google Antitrust Investigation

Google has acknowledged that the Federal Trade Commission has opened an investigation into the search company's business practices for possible antitrust violations. The investigation likely focuses on whether Google uses its dominance in the search field to inhibit competition in other areas. EPIC had previously opposed Google's acquisition of online advertiser Doubleclick, which was approved by the FTC over the objection of then Commissioner Pamela Harbor. EPIC later testified before the Senate Judiciary Antitrust Subcommittee on Google's growing dominance of essential Internet services. For more information, see EPIC: Google/DoubleClick and EPIC: Federal Trade Commission.

Consumer Groups Recommend Privacy Safeguards on "Smart Meter" Services

The Trans-Atlantic Consumer Dialogue (TACD), a coalition of consumer groups in Europe and North America, adopted a report on privacy and electrical services at the 12th Annual TACD meeting held recently in Brussels. The Smart Meter White Paper warns the "dramatic increase in the granularity of data available and frequency of collection of household energy consumption means that the smallest detail of household life can be revealed." The TACD report sets out recommendations to protect the privacy of users of new energy services. For more information, see EPIC - Smart Grid and Privacy.

High Court To Decide Major GPS Tracking Case

The Supreme Court will decide if warrantless locational tracking violates the Fourth Amendment. The Court granted review of a District of Columbia Circuit Court of Appeals opinion on two legal questions. The first is whether police need a warrant to monitor the movements of a car with a tracking device. The second is whether policy can legally install such a device without their target's consent, and without a valid warrant. EPIC previously filed an amicus brief in Commonwealth v. Connolly, a Massachusetts case which established that the state Constitution prohibited warrentless GPS tracking. The Massachusetts Supreme Judicial court imposed time limits on GPS monitoring, ruling that warrants will expire fifteen days after they are issued. For more information, see EPIC: US v. Jones and EPIC: Locational Privacy.

June 28, 2011

Cyber Security, National Security, and Economic Security

Cyber Security, National Security, and Economic Security

Marc Rotenberg,
EPIC Executive Director

The Federalist Society
Washington, D.C.
June 28, 2011

About June 2011

This page contains all entries posted to epic.org in June 2011. They are listed from oldest to newest.

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