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July 2011 Archives

July 1, 2011

Lawmakers Urge Federal Communications Commission to Speed Up Google Street View Investigation

The House of Representatives Financial Services Appropriations bill contains an amendment requiring the Federal Communications Commission to report on its Google Street View Wi-Fi investigation within 180 days. The bill was voted out of committee and is headed for a full House vote. The Commission opened an investigation into Google Street View after EPIC filed a complaint, asking the Commission to investigate possible violations of federal wiretap law and the Communications Act. Several countries, including the U.K., Germany, Spain, and Canada, have conducted similar investigations and determined that Google violated their privacy laws. For more information, see EPIC: Google Street View.

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Posted by EPIC on July 1, 2011 9:20 AM | | TrackBacks (0)

Judge Rules Google Street View Data Collection May Violate Wiretap Act

In a lawsuit filed by several private citizens, a federal judge has found that Google's purposeful and secretive collection of Wi-Fi data as part of its "Street View" activities could constitute illegal wiretapping. EPIC filed an amicus brief in the case, providing a detailed legislative history of the Electronic Communications Privacy Act (ECPA) and arguing that private Wi-Fi communications are entitled to privacy protection under ECPA. EPIC said that Congress established "a presumption in favor of confidentiality except in those circumstances where the user has knowingly chosen to broadcast communications to the general public." For three years in thirty countries, Google's Street View cars collected data, including the content of personal emails, from wireless routers located in private homes and businesses. 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, but the Commission has failed to announce a ruling. For more information, see EPIC: Google Street View.

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Posted by EPIC on July 1, 2011 9:28 AM | | TrackBacks (0)

Privacy Groups tell Senate Stronger Laws Needed

A coalition of 15 privacy and consumer groups, representing millions of consumers and Internet users, sent a letter to the Senate Commerce Committee urging Congress to do more to protect consumer information. "Consumers today face an unfair choice: either stay offline and ignore the benefits of new technology, or plug in and run extraordinary risks to privacy and security," they wrote. "It shouldn't be this way. Consumers are more concerned about the privacy threat from big business than from big government," the letter continues. The coalition, which includes the Consumer Federation of America! Consumers Union, and the National Consumers League, argues that current privacy laws are inadequate, and that industry self-regulation has failed, as evidenced by millions of records compromised in data breaches. The consumer letter follows one sent by industry groups urging lawmakers not to pass any additional legislation. For more information, see Privacy Coalition.

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Posted by EPIC on July 1, 2011 10:55 AM | | TrackBacks (0)

July 21, 2011

"Sorrell v. IMS Health: Data Mining and Regulation - Where Do We Go From Here?"

"Sorrell v. IMS Health: Data Mining and Regulation - Where Do We Go From Here?"

Marc Rotenberg,
EPIC Executive Director

American Law Institute / American Bar Association
July 21, 2011
(CLE Credit Available)

Posted by EPIC on July 21, 2011 9:48 AM | | TrackBacks (0)

July 6, 2011

Court Approved Wiretaps Reach a New All-Time High

According to the newly released 2010 Wiretap Report, federal and state courts issued 3,194 orders for the interception of wire, oral, or electronic communications in 2010, up from 2,376 in 2009, a 34% increase. Only one request for authorization was denied. The average number of persons whose communications were intercepted rose from 113 per wiretap order in 2009 to 118 per wiretap order in 2010. Only 26% of intercepted communications in 2010 were incriminating. The report also indicated that encryption did not prevent officials from obtaining the plaintext of communications in the six cases in which it was encountered. The 2010 Wiretap Report does not include interceptions regulated by the Foreign Intelligence Surveillance Act (FISA) or interceptions approved by the President outside the exclusive authority of the federal wiretap law and the FISA. For more information, see EPIC: Wiretapping and EPIC: Title III Order Statistics.

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Posted by EPIC on July 6, 2011 6:02 PM | | TrackBacks (0)

European Parliament Takes Stance Against Airport Body Scanners

The European Parliament has adopted a resolution that sets out strict safeguards for airport body scanners. The resolution requires that Member States only "deploy technology which is the least harmful for human health" and establish substantial privacy protection. The resolution prohibits the use of body scanners that use ionizing radiation. New guidelines also state that airport body scanners "must not have the capabilities to store or save data." EPIC currently is pursuing a lawsuit to suspend the use of body scanners in the United States, citing several federal laws and the US Constitution. EPIC has called the US airport body scanner program "invasive, ineffective, and unlawful." For more information, see EPIC: EPIC v. DHS (Suspension of Body Scanner Program) and EPIC: Whole Body Imaging Technology.

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Posted by EPIC on July 6, 2011 6:26 PM | | TrackBacks (0)

July 8, 2011

EPIC v. NSA: FOIA Suit for Cybersecurity Authority Will Move Forward, though National Security Council Remains a "FOIA-Free Zone"

A District of Columbia federal court ordered an EPIC lawsuit against the National Security Agency to proceed, holding that EPIC can "pursue its claim against the NSA for wrongfully withholding an agency record in its possession." EPIC's Freedom of Information Act suit seeks disclosure of National Security Presidential Directive 54 - the document that provides the legal basis for the NSA's cybersecurity activities. The NSA failed to disclose the document in response to EPIC's FOIA request, instead forwarding the request to the National Security Council. The Court held that the NSC is not subject to FOIA, but that the NSA's transfer of EPIC's request does not absolve the agency of its responsibility to respond to EPIC. For more, see: EPIC: EPIC v. NSA.

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Posted by EPIC on July 8, 2011 4:23 PM | | TrackBacks (0)

FCC Confirms Google Street View Investigation

FCC Chairman Julius Genachowski, responding to letters from Congressmen Graves Rogers and Barrow Scalise regarding Google Street View, wrote[1][2][3] that "the Bureau's inquiry seeks to determine whether Google's actions were inconsistent with any rule or law within the Commission's jurisdiction." The FCC Chairman declined to provide specifics, though there is growing frustration in Congress about the investigation, which has been pending for more than a year following a complaint filed by EPIC. Recently, in a case in which EPIC filed an amicus brief, a federal judge found that Google's purposeful and secretive collection of wi-fi data as part of its "Street View" activities could constitute illegal wiretapping. For three years in thirty countries, Google's Street View cars collected data, including the content of personal emails, from wireless routers located in private homes and businesses. Several countries, including the U.K., Germany, Spain, and Canada, have conducted similar investigations and determined that Google violated their privacy laws. For more information, see EPIC: Google Street View.

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Posted by EPIC on July 8, 2011 6:00 PM | | TrackBacks (0)

July 12, 2011

Congressional Hearing: H.R. 1981, Protecting Children from Internet Pornographers Act of 2011

"Congressional Hearing: H.R. 1981, Protecting Children from Internet Pornographers Act of 2011"

Marc Rotenberg,
EPIC Executive Director

House Judiciary Committee
U.S. Congress
Washington, DC
July 12, 2011

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Posted by EPIC on July 12, 2011 4:15 PM | | TrackBacks (0)

July 13, 2011

EPIC Urges Congress to Reject Data Retention Plan

In testimony before the House Judiciary Committee, EPIC President Marc Rotenberg said that a proposal to retain identifying information on Internet users would put at risk "99.9% of Internet users." H.R. 1981, a bill to address concerns about children pornography, would require Internet Service Providers to store temporarily assigned IP addresses for future government use. And the bill would create a new immunity so that ISPs would not be liable if problems resulted. EPIC also pointed out with the increased risk of data breaches and identity theft, best practices now follow data minimization rather than data retention. Prospects for passage of H.R. 1981 dimmed at the hearing after Chairman James Sensenbrenner (R-WI) said he would oppose the measure. For more information, see EPIC - Data Retention.

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Posted by EPIC on July 13, 2011 9:44 AM | | TrackBacks (0)

EPIC v. NSA: Agency Can "Neither Confirm Nor Deny" Google Ties

A federal judge has issued an opinion in EPIC v. NSA, and accepted the NSA's claim that it can "neither confirm nor deny" that it had entered into a relationship with Google following the China hacking incident in January 2010. EPIC had sought documents under the FOIA because such an agreement could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users. The "Glomar response," to neither confirm nor deny, is a controversial legal doctrine that allows agencies to conceal the existence of records that might otherwise be subject to public disclosure. EPIC plans to appeal this decision. EPIC is also litigating to obtain the National Security Presidential Directive that sets out the NSA's cyber security authority. And EPIC is seeking from the NSA information about Internet vulnerability assessments, the Director's classified views on how the NSA's practices impact Internet privacy, and the NSA's "Perfect Citizen" program.

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Posted by EPIC on July 13, 2011 5:56 PM | | TrackBacks (0)

July 15, 2011

Federal Appeals Court: TSA Violated Federal Law, Must Take Public Comment on Body Scanners

As a result of a lawsuit brought by EPIC, the D.C. Circuit Court of Appeals has ruled that the TSA violated federal law when it installed body scanners in airports for primary screening across the country without first soliciting public comment. The Administrative Procedure Act requires federal agencies to provide notice and opportunity for comment when implementing a rule that affects the rights of the public. Writing for a unanimous court, Judge Ginsburg found there was "no justification for having failed to conduct a notice-and-comment rulemaking," and said, "few if any regulatory procedures impose directly and significantly upon so many members of the public." EPIC's brief alleged that airport body scanners are "invasive, unlawful, and ineffective," and that the TSA's deployment of the devices for primary screening violated the U.S. Constitution and several federal statutes. For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology. Press Release.

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Posted by EPIC on July 15, 2011 11:34 AM | | TrackBacks (0)

July 19, 2011

Sorrell: The Supreme Court Confronts Free Speech, Marketing & Privacy

Sorrell: The Supreme Court Confronts Free Speech, Marketing & Privacy

John Verdi,
EPIC Senior Counsel

Hunton & Williams LLP
Washington, D.C.
July 19, 2011

Posted by EPIC on July 19, 2011 12:48 PM | | TrackBacks (0)

July 21, 2011

House Subcommittee Approves Weak Data Breach Bill

A House Commerce Subcommittee voted in favor of the SAFE Data Act, a data breach bill sponsored by Rep. Bono Mack (R-CA). The bill requires companies to act quickly in the case of breach and encourages minimization of data collection. However, the bill preempts stronger state laws and does not adequately protect personal information. EPIC Executive Director Marc Rotenberg testified before the Subcommittee on this bill. EPIC emphasized the growing problem of data breaches and the likelihood that problems would get worse as more user data moves to cloud-based services. For more information, see EPIC: Identity Theft. Webcast.

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Posted by EPIC on July 21, 2011 12:57 PM | | TrackBacks (0)

TSA Announces Installation of "Stick Figure" Software for Some Body Scanners

The TSA has announced that it will begin installing software on millimeter wave body scanners that will display a generic stick figure on a computer monitor and not the naked bodies of individual air travelers. The TSA said this will address privacy concerns. However, there is no plan to install similar software on the more widely used backscatter x-ray devices. It is also still unclear whether t the body scanners are capable of capturing, storing, or transferring the underlying graphic naked image. Seeking to answer this question, EPIC filed a lawsuit, following the TSA's failure to provide an adequate response to EPIC's FOIA request. For more information see: EPIC: Body Scanner Technology.

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Posted by EPIC on July 21, 2011 1:00 PM | | TrackBacks (0)

EPIC Urges Seventh Circuit to Protect Students' Privacy Rights

EPIC filed a "friend of the court" brief in Chicago Tribune v. University of Illinois, a case involving student privacy rights protected by the Family Educational Rights and Privacy Act ("FERPA"). EPIC's brief argues that Congress intended to protect student records, including admissions files, from unauthorized release and that Illinois' open government law must yield to the federal privacy law. While investigating alleged corruption in the admissions practices of the University of Illinois, the Tribune sought documents from the University under Illinois' open government law. The University denied the Tribune's request, stating that the requested documents contain the personally identifiable information of students and are thereby protected by federal law. A lower federal court found that Illinois law required the documents to be released.The Depart of Justice has also filed a brief in support of student privacy in the case. For more information, see EPIC: Chicago Tribune v. University of Illinois and EPIC: Student Privacy.

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Posted by EPIC on July 21, 2011 1:04 PM | | TrackBacks (0)

July 22, 2011

EPIC, Liberty Coalition Submit Comments on Governance for Internet Identities

EPIC, joined by the Liberty Coalition, has submitted comments to the National Institute for Standards and Technology (NIST) on governance topics associated with the National Strategy for Trusted Identities in Cyberspace (NSTIC). The NSTIC proposal is part of a series of initiatives driven by the 2009 Cyberspace Policy Review. EPIC’s comments called for a structure that would "include[e] protection of consumer information and implementation of strong privacy practices." EPIC further asked for legislation that will protect sensitive personal information in the Identity Ecosystem. For more information, see EPIC: National Strategy for Trusted Identities in Cyberspace.

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Posted by EPIC on July 22, 2011 4:12 PM | | TrackBacks (0)

July 26, 2011

EPIC Urges Court to Limit Pre-Trial DNA Collection from Defendants

EPIC filed a 'friend of the court' brief in US v. Pool. The Ninth Circuit case challenges the constitutionality of a federal law requiring every felony defendant to submit a DNA sample as a condition of pre-trial release. The DNA is used to create profiles in a national DNA index system. EPIC observed that "today's science shows that DNA reveals vastly more personal information than a fingerprint," noting "DNA samples contain genetic information that can reveal personal traits such as race, ethnicity and gender, as well as medical risk for conditions such as diabetes." The government keeps the full DNA sample indefinitely, retaining all of an individual's genetic information. A three-judge panel previously upheld the law, but an eleven-judge panel is now rehearing the case. For more information, see EPIC: US v. Pool, and EPIC: Genetic Privacy.

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Posted by EPIC on July 26, 2011 11:50 AM | | TrackBacks (0)

July 27, 2011

Facebook Makes Changes to Facial Recognition; Still Relying on Opt-Out

In response to a letter from the Connecticut Attorney General, Facebook agreed to run ads that link users to their privacy settings and show them how to opt-out of Facebook's facial recognition program. The ads are new, but Facebook has failed to implement an opt-in model for its facial recognition technology. EPIC, along with several other organizations, filed a complaint with the Federal Trade Commission concerning Facebook's unfair and deceptive trade practices regarding biometric data collection. EPIC urged the FTC to require Facebook to suspend the program pending a full investigation. EPIC also urged the Commission to require Facebook to establish stronger privacy safeguards and an opt-in regime for the facial recognition scheme. For more information, see EPIC: In re Facebook and the Facial Identification of Users.

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Posted by EPIC on July 27, 2011 4:38 PM | | TrackBacks (0)

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About July 2011

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

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