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March 2013 Archives

March 6, 2013

Drones.edu: Hands on the Future in the Classroom

Amie Stepanovich,
EPIC Associate Litigation Counsel

SXSW
Austin, TX
March 6, 2013

March 3, 2013

Cellular phones and mobile privacy: Direct government surveillance (Stingrays)

Cellular phones and mobile privacy: Direct government surveillance (Stingrays)

Alan Butler,
EPIC Appellate Advocacy Counsel

Yale Law School
New Haven, CT
March 3, 2013

March 4, 2013

EPIC Prevails in Social Media Monitoring FOIA Suit

EPIC has obtained a court order and an opinion in a Freedom of Information Act lawsuit against the Department of Homeland Security, requiring the agency to turn over more documents about the monitoring of social media and Internet media organizations. EPIC had previously obtained several hundred pages of documents, revealing that the agency monitors the internet for reports that “reflect adversely” on the agency or the federal government. EPIC also obtained a list of very broad search terms used by the agency to monitor social media. As a result of EPIC’s findings, Congress held a hearing on "DHS Monitoring of Social Networking and Media: Enhancing Intelligence Gathering and Ensuring Privacy." For more information see: EPIC: EPIC v. Department of Homeland Security: Media Monitoring.

EPIC Launches Petition to Suspend Government Drone Program

EPIC has published a petition to the Bureau of Customs and Border Protection, demanding the suspension of the drone program pending the development of privacy regulations for the use of drones in US airspace. Documents recently obtained by EPIC under the Freedom of Information Act indicate that the drones are equipped with technology for signals interception and human identification. The agency currently operates ten Predator B drones along the border region, an area that encompasses more than two-thirds of the U.S. population. EPIC is urging individuals and organizations to Sign the Petition before March 18. Under federal law, the agency is required to respond to public petitions. For more information see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones and EPIC: Drone Petition to Customs and Border Protection.

March 12, 2013

Open Government in the Second Term

"Open Government in the Second Term"

Ginger McCall,
EPIC Open Government Director

EPIC and the Center for Effective Government
Washington, DC
March 12, 2013

March 7, 2013

"Differential Privacy: Law and Policy"

Marc Rotenberg,
EPIC Executive Director

Cardozo Law School
New York City
Marc 7, 2013

March 8, 2013

EPIC Prevails in Two FOIA Cases, Obtains Further Details on Body Scanners

A federal judge has granted EPIC victories in two Freedom of Information Act cases involving the controversial airport body scanners. Judge Royce Lamberth in Washington, DC held that the Department of Homeland Security must turn over two safety reports detailing radiation output by the scanners and a set of power point slides containing details on automated target recognition software. The agency previously claimed it was not required to release the documents to EPIC. EPIC has pursued several related Freedom of Information Act cases as a challenge to the deployment of the devices. In 2011, the DC Circuit of Appeals ruled in EPIC v. DHS that the agency must receive public comments on the decision to deploy body scanners for primary screening. For more information see: EPIC: Whole Body Imaging Technology and EPIC v. DHS (Suspension of Body Scanner Program).

March 12, 2013

E-verify, Privacy Rights and Racial Profiling

E-verify, Privacy Rights and Racial Profiling

Lillie Coney,
EPIC Associate Director

Rights Working Group
Teleconference
March 12, 2013

EPIC Publishes 2013 FOIA Gallery, Highlights Documents Obtained Under Open Government Law

In celebration of Sunshine Week, EPIC has published the 2013 EPIC FOIA Gallery. The gallery highlights key documents obtained by EPIC in the past year, such as previously secret documents about cell phone traffic monitoring, domestic drones that identify human targets and intercept electronic communications, Google's interception of WiFi transmissions, DHS monitoring of Twitter, technology that can scan crowds at a molecular level, and the government's use of license plate datas. EPIC regularly files Freedom of Information Act requests and pursues lawsuits to force disclosure of government documents that impact privacy. EPIC also publishes the authoritative FOIA litigation manual. For more information, see EPIC: Open Government and EPIC Bookstore: FOIA.

States Fine Google for Street View Privacy Violations

Attorneys general for 38 states and the District of Columbia today reached a "$7 Million Settlement" with Google over consumer protection and privacy claims. The company engaged in the unauthorized collection of data from wireless networks, including private WiFi networks of residential Internet users. A detailed Assurance of Voluntary Compliance, setting out the terms of the settlement, is now available. In 2010, EPIC urged the Federal Communication Commission to investigate the Google Street View program after it became clear that Google had intercepted the private communications of millions of users of wi-fi networks in the United States. EPIC subsequently pursued FOIA requests regarding the FCC and the Department of Justice investigations. Federal wiretap claims concerning Street View are still pending in federal court. For more information, see EPIC: Investigations of Google Street View and EPIC: Joffe v. Google.

March 13, 2013

"TSA Profiling of Airline Passengers"

Marc Rotenberg,
EPIC Executive Director

On Point with Tom Ashbrook
NPR
March 13, 2013

March 20, 2013

The Government and Your Personal Information - Balancing Privacy, National Security and the Public Interest

The Government and Your Personal Information - Balancing Privacy, National Security and the Public Interest

Amie Stepanovich,
EPIC Associate Litigation Counsel

Federal Communications Bar Association
Washington, D.C.
March 20, 2013

March 15, 2013

Federal Appeals Court Rejects "Neither Confirm Nor Deny" Defense for Government Secrecy

The Court of Appeals for the DC Circuit has ruled that the CIA must respond to an ACLU open government request for records pertaining to drone strikes. The CIA had said it could “neither confirm nor deny that it had responsive documents." The appeals court found that the agency itself had acknowledged it had such document. In EPIC v. NSA, a similar challenge to the "Glomar" response , the federal appeals court found that the agency had not acknowledged existence of documents responsive to a FOIA request even tough there were widespread news reports of a partnership between Google and the NSA. For more information, see EPIC: EPIC v. NSA: Google/NSA Relationship.

March 18, 2013

Current FOIA Litigation --a survey of high-visibility current FOIA litigation cases and what can be learned from them

Ginger McCall,
Director, EPIC Open Government Project

The Collaboration on Government Secrecy
Washington, D.C.
March 18, 2013

Social Security Administration Considers Stronger Privacy Safeguards for SSNs of Children

The Social Security Administration seeks public comment on a proposal to assign new Social Security numbers to children age 13 and under. Currently, the agency may assign new SSNs only if it has evidence that "a third party has improperly used an adult's or child's SSN, the number holder was not at fault, and the number holders was recently disadvantaged by the misuse." Under the proposed policy, the agency would issue a new SSN to a child if: (1) the child's Social Security card is stolen in transit from the agency to the child's address; (2) the SSA erroneously discloses a child's SSN through the SSA's Death Master File; or (3) a third party misuses the child's SSN. The agency would no longer require evidence that the child was disadvantaged due to misuse in any of these situations. EPIC favors the proposed rule change. Public comments on the proposal are due April 12, 2013. EPIC has previously warned Congress about SSN fraud and the growing problem of identity theft. For more information, see EPIC: Social Security Numbers.

March 20, 2013

The Future of Drones in America: Law Enforcement and Privacy Considerations

"The Future of Drones in America: Law Enforcement and Privacy Considerations"

Amie Stepanovich,
Director, EPIC Domestic Surveillance Project

Senate Judiciary Committee
Washington, D.C.
March 20, 2013

March 18, 2013

EPIC Sues Education Department, Seeks Documents about Debt Collectors and Student Privacy

EPIC has filed a Freedom of Information Act lawsuit against the Education Department, following the agency's failure to release documents about private debt collection and compliance with federal privacy law. The Department has contracts with at least twenty-three private debt collectors who obtain sensitive personal information, including contact information, loan status, income, Social Security number, and credit history. The Department is expected to publish a procedures manual that instructs debt collectors on privacy safeguards. The Department is also supposed to require debt collectors to submit compliance reports to the agency. EPIC's sought release of the procedures manual and compliance reports for the last three years. After the Department failed to disclose any records in response to the FOIA request, EPIC sued. For more information, see EPIC: Open Government and EPIC: Student Privacy.

EPIC to Testify at Senate Hearing on Drones and Domestic Surveillance

Amie Stepanovich, the Director of EPIC's Domestic Surveillance Project, will testify this week before the Senate Judiciary Committee on "the Future of Drones in America." The hearing will feature expert testimony from EPIC Advisory Board member Professor Ryan Calo. Documents recently obtained by EPIC under the Freedom of Information Act indicate that the Bureau of Customs and Border Protection has deployed drones in the United States with the ability to intercept electronic communication and to identity human targets. As a consequence, EPIC has launched a petition urging the agency to suspend the drone program pending the establishment of comprehensive privacy regulations. Following a similar petition from EPIC, the FAA recently agreed to establish privacy rules for drone deployment. For more information, see EPIC: Domestic Unmanned Aerial Vehicles and Drones.

EPIC Highlights Need for Broad Reform of Federal Privacy Law

In response to a request from the House Judiciary Committee, EPIC has recommended a comprehensive review of the federal communications privacy law. Congress will begin hearings this week on ECPA Part 1: Lawful Access to Stored Content. EPIC's letter to the Committee noted the recent settlement by the state Attorneys General with Google in the Street View matter and the reluctance of federal officials to pursue a similar investigation. EPIC also noted growing confusion in the lower courts about the application of the federal privacy law. Finally, EPIC pointed out that the current law provides inadequate protection for private location records. For more information, see EPIC: Electronic Communications Privacy Act and EPIC: Locational Privacy.

March 19, 2013

EPIC, Consumer Privacy Groups Call on FTC Chair to Appoint Consumer Advocate for Key Office

Over thirty privacy and consumer groups wrote to the FTC Chair Edith Ramirez, urging her to appoint a Director of the Bureau of Consumer Protection who is "independent of industry" and has a "well-established consumer rights and public interest background." The letter comes after the departure of former director David Vladeck. EPIC has also urged the Commission to require compliance with the Consumer Privacy Bill of Rights for companies that violate consumer privacy. For more information, see EPIC: Federal Trade Commission.

Congressman Markey Introduces Drone Privacy Legislation

Congressman Markey has introduced the "Drone Aircraft Privacy and Transparency Act of 2013." The Bill sets out comprehensive transparency requirements for drone operators to protect privacy from unregulated drone surveillance. Under the terms of the bill, drone operators would be required to submit a detailed data collection and data minimization statement prior to obtaining a license to operate drones in the United States. The bill also states that surveillance by law enforcement agencies will require a warrant or extreme exigent circumstances.Congressman Markey said that privacy legislation is necessary to "prevent flying robots from becoming spying robots." For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

March 21, 2013

EPIC to Senate: Privacy Laws Needed for Drones in the US

At a Senate Judiciary Committee hearing on "the Future of Drones in America," EPIC Domestic Surveillance Project Director Amie Stepanovich testified in support of new privacy safeguards prior to the deployment of drones in the United States. Also testifying at the hearing were Professor Ryan Calo, and representatives of law enforcement and the drone industry. The hearing was well attended and Senators across the committee expressed support for the development of new privacy legislation. Documents obtained by EPIC under the Freedom of Information Act indicate that the federal government has deployed domestic drones with the ability to intercept electronic communication and to identity human targets. In response to the revelations, EPIC has petitioned the Bureau of Customs and Border Protection, demanding the suspension of the drone program pending the development of privacy regulations. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

March 22, 2013

EPIC Petitions Government to Suspend Drone Surveillance Program

EPIC, joined by thirty organizations and more than a thousand individuals, has petitioned the Bureau of Customs and Border Protection to suspend the domestic drone surveillance program, pending the establishment of concrete privacy regulations. The petition states that "the use of drones for border surveillance presents substantial privacy and civil liberties concerns for millions of Americans across the country." The petition follows the revelation that the drones deployed by the federal agency are equipped with technology for signals interception and human identification. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

EPIC Petitions Government to Suspend Drone Surveillance Program

EPIC, joined by thirty organizations and more than a thousand individuals, has petitioned the Bureau of Customs and Border Protection to suspend the domestic drone surveillance program, pending the establishment of concrete privacy regulations. The petition states that "the use of drones for border surveillance presents substantial privacy and civil liberties concerns for millions of Americans across the country." The petition follows the revelation that the drones deployed by the federal agency are equipped with technology for signals interception and human identification. For more inform at ion, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

March 20, 2013

Online Privacy: Consenting to Your Future

Online Privacy: Consenting to Your Future

Ginger McCall,
Director, EPIC Open Government Program

European Commission
Malta
March 20, 2013

March 26, 2013

TSA Begins Court Ordered Rulemaking on Body Scanner Program, EPIC Urges Public Comment

The TSA announced today that it will begin a public comment process on its airport screening procedures. The action follows from a 2011 court order in EPIC v. DHS. In that case, the Federal Appeals Court for the DC Circuit found that the agency unlawfully deployed body scanners in US airports. In a proposed two-sentence change to the agency's extensive regulations, the TSA seeks to grant itself authority to continue to deploy Nude Body Scanners ("NBS") without establishing privacy safeguards. EPIC, which brought the successful challenging to the TSA program, is urging public comment on the agency proposal. EPIC is recommending that the TSA adopt more effective screening procedures. If the TSA continues with Nude Body Scanner program, EPIC said the agency should make clear the right of individuals to opt-out as well as require privacy filters for all devices. For more information, see EPIC v. DHS (Suspension of Body Scanner Program).

March 28, 2013

The National Security Law Brief's Fourth Annual Symposium

The National Security Law Brief's Fourth Annual Symposium

Lillie Coney
EPIC Associate Director

American University Washington College of Law
Washington, D.C.
March 28, 2013

March 26, 2013

Supreme Court Holds Dog Sniff at Doorway is a Search

The Supreme Court ruled today in Florida v. Jardines that the use of a drug-sniffing dog to investigate the front door of a home was a “search” within the meaning of the Fourth Amendment. “That the officers learned what they learned only by physically intruding on Jardines’ property to gather evidence is enough to establish that a search occurred,” Justice Scalia concluded. Justice Kagan, joined by Justices Ginsburg and Sotomayor, wrote a concurrence that explained that the case could have also been resolved by examining Jardines’ privacy interests. In Justice Kagan’s view, the use of device “not in general public use” to “explore the details of the home” violates a reasonable expectation of privacy and is therefore a search. EPIC filed an amicus brief in a related Supreme Court case, decide earlier this year. For more information, see EPIC: Florida v. Jardines and EPIC: Florida v. Harris.

March 28, 2013

EPIC Testifies in Austin on Texas Location Privacy Bill

EPIC's Appellate Advocacy Counsel Alan Butler testified before the Texas State Assembly on a privacy bill for telephone location data. The House bill, would establish a warrant requirement for location data and a comprehensive reporting requirement, similar to the federal wiretap reports. Mr. Butler discussed the need for clear rules governing location surveillance that satisfy Fourth Amendment standards, as well as the importance of public reporting and accountability. He also testified at a Senate Committee hearing on the proposal. EPIC recently submitted amicus briefs in State v. Earls and In re U.S. (5th Cir.) regarding location privacy. For more information, see EPIC: Locational Privacy.

Court Rules for EPIC, Denies FBI Request for Delay in StingRay Case

A federal judge in Washington, DC today issued an Opinion denying the FBI's motion to delay the release of records sought under the Freedom of Information Act. The decision follows from a lawsuit filed by EPIC against the FBI for records about the agency's use of cell-site simulator technology, commonly referred to as "StingRay." These devices track cell phones and collect a vast amount of data from telephone customers. The Court found that the FBI was not facing the "exceptional circumstances" necessary to justify its proposed two-year delay. The Court ordered the agency to produce all records, except those subject to classification review, by August 1, 2013. For more information, see EPIC v. FBI - StingRay.

About March 2013

This page contains all entries posted to epic.org in March 2013. They are listed from oldest to newest.

February 2013 is the previous archive.

April 2013 is the next archive.

Many more can be found on the main index page or by looking through the archives.