epic.org: March 2015 Archives

"Data Privacy: Can Innovation and Privacy Coexist" and "Designing Principles for a Trusted Environment"

Khaliah Barnes,
Director, EPIC Student Privacy Project

SXSWedu
Austin, TX
March 9 - 11, 2015

Posted by EPIC on March 9, 2015 5:12 PM | Permalink | TrackBacks (0)

"Connected Cars: Consumer Benefits and Challenges"

Khaliah Barnes,
EPIC Administrative Law Counsel

Consumer Assembly 2015
Consumer Federation of America
Washington, DC
March 12, 2015

Posted by EPIC on March 10, 2015 5:20 PM | Permalink | TrackBacks (0)

Data and Goliath: The Hidden Battles to Capture Your Data and Control Your World

Bruce Schneier
Data and Goliath: The Hidden Battles to Capture Your Data and Control Your World

Barnes and Noble
Potomac Yard, VA
March 5, 2015

Posted by EPIC on March 5, 2015 6:05 PM | Permalink | TrackBacks (0)

OECD Pioneers Effective Stakeholder Consultation and Participation

"OECD Pioneers Effective Stakeholder Consultation and Participation"

Marc Rotenberg,
EPIC President

Microsoft Innovation & Policy Center
Washington, DC
March 10, 2015

Posted by EPIC on March 10, 2015 6:20 PM | Permalink | TrackBacks (0)

The Right of Privacy in the Age of Big Data: Fact or Fiction?

"The Right of Privacy in the Age of Big Data: Fact or Fiction?"

Marc Rotenberg,
EPIC President

Pennsylvania Commonwealth Court Historical Society
Harrisburg, PA
March 10, 2015

Posted by EPIC on March 10, 2015 6:20 PM | Permalink | TrackBacks (0)

Surveillance, Privacy and Transnational Relations in the Digital Era

"Surveillance, Privacy and Transnational Relations in the Digital Era"

Marc Rotenberg,
EPIC President

International Association of Constitutional Law
Research Group on Constitutional Responses to Terrorism Conference
Brussels, Belgium
12-13 March 2015

Posted by EPIC on March 12, 2015 6:25 PM | Permalink | TrackBacks (0)

White House (Commerce Dept.) Privacy Bill Not Helpful, Unworkable

The White House has released a consumer privacy proposal, prepared by the Commerce Department. The bill falls far short of the recommendations for a “Consumer Privacy Bill of Rights” set out by President Obama in 2012 and broadly supported by consumer organizations. The draft proposal lacks meaningful protections for consumers, would preempt stronger state laws, and create unnecessary regulatory burdens for businesses. EPIC has long recommended enactment of consumer privacy legislation based on “Fair Information Practices,” the basic framework for modern privacy law.

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Posted by Caitriona Fitzgerald on March 2, 2015 11:43 AM | Permalink | TrackBacks (0)

Supreme Court to Consider Hotel Records Privacy Case, EPIC Amicus Cites Constitutional Interests

The Supreme Court will hear arguments this week in Los Angeles v. Patel, concerning the warrantless inspection of hotel records by the police. Hotel operators are challenging a city ordinance that requires the collection for police inspection of names, drivers licenses, vehicle information, payment information, and length of stay for every hotel guest. EPIC's brief, joined with thirty-six technical experts and legal scholars, argued that “individuals have a constitutional right to gather at hotels for political and religious purposes without being subject to police inspection.” EPIC traced the history of US hotels as meetings places for organizations and cited the landmark Supreme Court case NAACP v. Alabama.

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Posted by Caitriona Fitzgerald on March 2, 2015 1:18 PM | Permalink | TrackBacks (0)

EPIC Files FTC Comments on Revenge Porn, Facial Recognition Privacy Risks

EPIC has filed formal comments with the Federal Trade Commission regarding a proposed consent order with Craig Brittain, a ”revenge porn” website operator. Revenge porn refers to the online distribution of sexual images without the consent of the image subject. Under the proposed order, Brittain "will have to destroy the intimate images and personal contact information he collected while operating the site.” EPIC supported the consent order, but urged the Commission to "further investigate the growing trend of companies recontextualizing images, for profit, without the knowledge or consent of the image subject.” EPIC also explained the correlation between “revenge porn” and other image privacy issues, such as facial recognition and image-based advertising.

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Posted by Caitriona Fitzgerald on March 2, 2015 6:01 PM | Permalink | TrackBacks (0)

Federal Courts Considers FTC's Data Protection Authority

A federal appeals court heard arguments today in FTC v. Wyndham, an important data privacy case. Wyndham Hotels, which revealed hundreds of thousands of customer records following a data breach, is challenging the FTC's authority to enforce data security standards. In an amicus brief joined by legal scholars and technical experts, EPIC defended the FTC's "critical role in safeguarding consumer privacy and promoting stronger security standards." EPIC explained that the damage caused by data breaches - more than $500 million last year - makes data security one of the top concerns of American consumers. EPIC warned the court that "removing the FTC's authority to regulate data security would be to bring dynamite to the dam."

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Posted by Caitriona Fitzgerald on March 3, 2015 1:50 PM | Permalink | TrackBacks (0)

Sen. Markey and Rep. Welch Propose Drone Privacy Legislation

Senator Markey and Representative Welch introduced the Drone Aircraft Privacy and Transparency Act of 2015. The Act would regulate the use of drones in the United States. The Drone Privacy Act requires publicly available data collection statements from operators and warrants for drone surveillance by law enforcement. Recently announced rules by the FAA and White House "fail to adequately protect the privacy of Americans," according to the Congressmen. The Drone Privacy Act incorporates recommendations by EPIC in testimony to Congress and comments to federal agencies. EPIC petitioned the FAA to establish clear privacy rules for commercial drone operators.

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Posted by Caitriona Fitzgerald on March 3, 2015 4:53 PM | Permalink | TrackBacks (0)

Senators Propose Law to Regulate Data Broker Industry

Senators Markey, Blumenthal, Whitehouse and Franken have introduced the Data Broker Accountability and Transparency Act. The bill would give consumers the right to access their personal information held by data brokers and stop data brokers from disclosing or selling that information to others. Senator Markey said, "The era of data keepers has given way to the era of data reapers." In 2005, EPIC testified before Congress on "Identity Theft and Data Broker Services" and urged the regulation of data brokers following the disclosure that Choicepoint sold personal information to identity thieves. EPIC's FTC complaint lead to a $10 million settlement with Choicepoint.

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Posted by Caitriona Fitzgerald on March 5, 2015 1:53 PM | Permalink | TrackBacks (0)

EPIC Partially Prevails in FOIA Case, Wikileaks Investigation Ongoing

A federal judge has granted in part EPIC's motion for summary judgment in a FOIA case about the government's surveillance of Wikileaks supporters. Three divisions of the Justice Department - the FBI, the National Security Division, and the Criminal Division - failed to provide any documents in response to EPIC's FOIA request. The FBI stated that there was no surveillance of supporters and that an investigation was ongoing. Judge Rothstein sided with the FBI and the Criminal Division, but held that the National Security Division had failed to justify its withholdings.

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Posted by Caitriona Fitzgerald on March 5, 2015 2:49 PM | Permalink | TrackBacks (0)

Wikimedia Sues NSA Over Mass Internet Surveillance

Wikimedia filed a federal lawsuit against the NSA over the mass surveillance of Internet communications. Wikimedia asked the court to halt the government's upstream collection—the practice of directly tapping into the Internet backbone that carries communications across the U.S. Wikimedia argues that upstream collection exceeds statutory authority and violates the First and Fourth Amendments, as well as Article III of the Constitution. Explaining the case, Wikipedia founder Jimmy Wales wrote, "Privacy is an essential right. It makes freedom of expression possible, and sustains freedom of inquiry and association." In 2013, EPIC petitioned the Supreme Court to stop the NSA's bulk telephone metadata program.

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Posted by Caitriona Fitzgerald on March 10, 2015 11:42 AM | Permalink | TrackBacks (0)

Government Surveillance on Both Sides of the Atlantic

"Government Surveillance on Both Sides of the Atlantic"

Chip Pitts, EPIC Chair

Human Rights Lawyers Association
University of Notre Dame
London, United Kingdom

March 18, 2015

Posted by Caitriona Fitzgerald on March 18, 2015 11:37 AM | Permalink | TrackBacks (0)

Data Breach Bill Would Preempt State Law, Weaken FCC Authority

Representatives Burgess, Blackburn, and Welch have proposed a bill for data breach notification. The Data Security and Breach Notification Act would require businesses to notify consumers of a data breach "unless there is no reasonable risk of identity theft or financial harm." The bill would also preempt stronger state laws, and would strip the FCC of its authority to protect consumers privacy. In 2005, EPIC testified before Congress on "Identity Theft and Data Broker Services" and urged the regulation of data brokers following the disclosure that Choicepoint sold personal information to identity thieves. In 2009 and again in 2011, EPIC favored baseline federal law that would allow states to innovate and develop new legislative responses to privacy risks.

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Posted by Caitriona Fitzgerald on March 13, 2015 12:02 AM | Permalink | TrackBacks (0)

Senate Committee Approves Cyber Surveillance Bill

In a closed-door meeting, the Senate Select Committee on Intelligence approved the "Cyber Information Sharing Act of 2015". The bill would allow the government to obtain user information from private companies without judicial oversight. Companies would receive immunity for their disregard of existing privacy law. Senator Wyden, who opposed the measure, stated, "If information-sharing legislation does not include adequate privacy protections then that's not a cybersecurity bill - it's a surveillance bill by another name." Last year, EPIC won a five-year court battle against the NSA for NSPD 54—the foundational legal document for U.S. cybersecurity policies. The Directive reveals the government's long-standing interest in enlisting private sector companies to monitor user activity.

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Posted by Caitriona Fitzgerald on March 14, 2015 4:07 PM | Permalink | TrackBacks (0)

"The Plurality of Privacy: Episode One of The Prisoner"

"The Plurality of Privacy: Episode One of The Prisoner"

Marc Rotenberg, EPIC President

Goethe Institute
Washington, DC

March 17, 2015

Posted by Caitriona Fitzgerald on March 17, 2015 9:34 PM | Permalink | TrackBacks (0)

"Delving into the FOIA"

"Delving into the FOIA"

Ginger McCall, EPIC Associate Director

Women in Communications
Washington, DC

March 16, 2015

Posted by Caitriona Fitzgerald on March 16, 2015 9:18 AM | Permalink | TrackBacks (0)

"Un-Hackable Smartphones: Is Safety the Price of Privacy"

"Un-Hackable Smartphones: Is Safety the Price of Privacy"

Jeramie D. Scott, EPIC National Security Counsel

Cyber Crime Symposium
UCLA School of Law

March 20, 2015

Posted by Caitriona Fitzgerald on March 20, 2015 9:24 AM | Permalink | TrackBacks (0)

EPIC Publishes 2015 FOIA Gallery

In celebration of Sunshine Week, EPIC has created a "FOIA Gallery" of its most significant open government cases from the past year. EPIC obtained documents about the Army's surveillance blimps over Washington, the NSA's domestic surveillance authority, the FBI's formerly secret surveillance reports, the CIA's surveillance of Congress, and license plate readers. EPIC also obtained significant court judgments in cases against the FBI concerning the Next Generation Identification system and the "Stingray" cellphone surveillance technique. EPIC published the first FOIA Gallery in 2001.

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Posted by EPIC on March 16, 2015 1:00 PM | Permalink | TrackBacks (0)

Pew Survey: 57% of Americans Report That Government Surveillance of US Citizens Is "Unacceptable"

The Pew Research Center has published a new report on "Americans' Privacy Strategies Post-Snowden". According to the Pew survey, 34% of Americans who know about the NSA's bulk collection of telephone records have taken "at least one step to hide or shield their information from the government." Further, 57% said that it is unacceptable for the US government to monitor the communications of US citizens. Yet 54% believe it would be "somewhat" or "very" difficult to find "tools and strategies that would help them be more private" online. EPIC maintains an Online Guide to Practical Privacy Tools and resources on Public Opinion and Privacy. EPIC also petitioned the US Supreme Court to halt NSA surveillance of domestic telephone calls.

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Posted by Caitriona Fitzgerald on March 16, 2015 3:39 PM | Permalink | TrackBacks (0)

EPIC Comments on Maryland Drone Bill

In a prepared statement for a hearing on a bill to limit drone surveillance, EPIC urged Maryland state legislatures to add additional privacy protections. The bill prohibits drone surveillance of "specifically targeted individuals or private property," except where a valid search warrant is obtained or explicit consent is given. EPIC recommended that the bill specifically limit police drone surveillance of First Amendment protected activities, require use and data limitations, and include additional transparency and accountability measures. EPIC previously petitioned the FAA to establish clear privacy guidelines for commercial drones and urged Congress to establish privacy safeguards to limit drone surveillance.

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Posted by Caitriona Fitzgerald on March 17, 2015 10:30 AM | Permalink | TrackBacks (0)

Advisory Committee Approves Rules to Expand Police Hacking Authority

According to a news report, a committee of the Federal Judicial Conference voted on Monday to approve changes to Rule 41 of the Federal Rules of Criminal Procedure. Under the revised rule, judges could issue "remote access" warrants authorizing law enforcement to search computers remotely, even when the target is outside the jurisdiction of the court. EPIC criticized the proposal in a statement presented by EPIC Senior Counsel Alan Butler last fall, arguing that the rules would not provide adequate notice as required under the Fourth Amendment. EPIC previously filed an amicus brief on a similar issue, the delivery of warrants via facimile. The decision of the advisory committee is only one of several steps before the change is adopted by the judiciary.

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Posted by Caitriona Fitzgerald on March 18, 2015 9:33 AM | Permalink | TrackBacks (0)

EPIC Files Comments with FTC on Merger Review and Consumer Privacy

EPIC, along with 26 technical experts and legal scholars, has submitted extensive comments for the FTC's review of the merger remedy process. EPIC urged the Commission to consider the privacy risks to consumers that result from the merger of big data firms. The comments detailed EPIC's efforts, over 15 years, to warn the FTC about such mergers as Abacus and DoubleClick, then DoubleClick and Google, AOL and Time Warner, and most recently Facebook and WhatsApp. EPIC urged the FTC to asses both competitive and privacy impacts of merger, and to enforce privacy commitments prior to granting merger approval.

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Posted by Caitriona Fitzgerald on March 18, 2015 12:14 PM | Permalink | TrackBacks (0)

Most U.S. Voters Want "Right to Be Forgotten"

According to a new survey, nine out of ten voters in the United States want the right to delete links to personal information. Those voters say they would support a U.S. law that permits Internet users to ask search companies, such as Google, to remove links to certain personal information. Last May the top court in the European Union established the "right to be forgotten" as a fundamental right, protected by the EU Constitution. EU citizens may require search companies to remove personal information that is inadequate, irrelevant, and inaccurate. The recent US survey bolsters the findings of a previous US survey which found that 61% of Americans supported the right to be forgotten. EPIC has argued that the right should be established in the United States.

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Posted by Caitriona Fitzgerald on March 20, 2015 10:27 AM | Permalink | TrackBacks (0)

MAPPING Working Group Meeting

Ginger McCall, Director, EPIC Open Government Project

MAPPING Working Group
Washington, DC
March 23-25

Posted by EPIC on March 23, 2015 2:10 PM | Permalink | TrackBacks (0)

Wall Street Journal Reveals FTC Ignored Google's Anticompetitive Practices

According to an internal document obtained by the WSJ, in 2012 the Federal Trade Commission ignored recommendations to reform Google's anticompetitive practices. The FTC staff report concluded that Google's "conduct has resulted-and will result-in real harm to consumers and to innovation in the online search and advertising markets." The internal FTC report said the company illegally took content from rival websites to improve its own rankings and "[w]hen competitors asked Google to stop taking their content, it threatened to remove them from its search engine. The report also found that Google altered search results "to benefit its own services at the expense of rivals." In 2011 EPIC detailed for the FTC Google's manipulation of rankings for a search on the term "privacy" after it acquired YouTube. EPIC pursued an FOIA request for agency communications with the White House after the agency closed investigation.

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Posted by Caitriona Fitzgerald on March 23, 2015 3:18 PM | Permalink | TrackBacks (0)

"Privacy in the Modern Age: The Search for Solutions"

Marc Rotenberg, EPIC President

National Judicial Institute / Institut national de la magistrature
Vancouver, British Columbia

March 27, 2015

Posted by Caitriona Fitzgerald on March 27, 2015 8:16 AM | Permalink | TrackBacks (0)

EPIC Pursues Reports from FTC's 2012 Investigation of Google

EPIC has filed a FOIA request with the Federal Trade Commission, seeking the two reports prepared by agency staff during the 2012 Google antitrust investigation. After the agency closed the investigation in 2013, asked for for agency communications with the White House. Now, the Wall Street Journal has obtained a report revealing that the Commission ignored recommendations to reform Google's anticompetitive practices. EPIC warned the FTC in 2011 about Google's search ranking manipulation after the company acquired YouTube.

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Posted by EPIC on March 24, 2015 5:25 PM | Permalink | TrackBacks (0)

European Court of Justice Hears Case Challenging "Safe Harbor" Agreement and NSA Spying

The Court of Justice for the European Union heard arguments this week in Maximilian Schrems v. Data Protection Commissioner, a case filed in Ireland following the revelations of the NSA PRISM program. At issue is whether the disclosure of EU citizens' data by Facebook and other Internet companies to the NSA violates the EU Charter of Fundamental Rights, and whether the EU-US "Safe Harbor" agreement provides "adequate" data protection. A decision is likely later this year. Schrems is the recipient of the 2013 EPIC International Privacy Champion Award.

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Posted by EPIC on March 24, 2015 5:30 PM | Permalink | TrackBacks (0)

EPIC Pursues Investigation of FTC's 2012 Investigation of Google

EPIC has filed a FOIA request with the Federal Trade Commission, reopening a 2013 FOIA request from EPIC regarding the Commission's Google antitrust investigation. After the agency closed the investigation in 2013, EPIC asked for agency communications with the White House. The FTC denied having any such records. Now, the Wall Street Journal has reported that the Chairman of the FTC attended White House meetings on the same day as Google lobbyists. EPIC also filed a request this week for the FTC staff reports recommending that the agency file an antitrust lawsuit against Google.

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Posted by Caitriona Fitzgerald on March 26, 2015 7:41 AM | Permalink | TrackBacks (0)

United Nations To Create Special Rapporteur on Right to Privacy

The UN Human Rights Council has adopted a resolution on The Right to Privacy in the Digital Age that will lead to the selection of an independent expert on privacy. According to the resolution, the special rapporteur will have a broad mandate to assess developments, make recommendations, and promote the right to privacy. EPIC joined with 90 other NGOs in support of the resolution. EPIC also recently expressed support for encryption and anonymity in a letter to a UN Rapporteur.

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United Nations

Posted by Caitriona Fitzgerald on March 26, 2015 4:46 PM | Permalink | TrackBacks (0)

EPIC Continues Pursuit of Network Shutdown Policy

Today EPIC filed a Petition in the federals appeal court in Washington, D.C., seeking review of a recent opinion allowing DHS to withhold the criteria to shutdown cell phone networks. EPIC sued the agency for the shutdown policy following a 2011 San Francisco BART incident, where government officials shut down cell phone service during a peaceful protest. In its Petition, EPIC argued that the recent decision would "create an untethered national security exemption for law enforcement agencies," and is contrary to other court decisions and the intent of Congress.

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Posted by Caitriona Fitzgerald on March 27, 2015 8:27 PM | Permalink | TrackBacks (0)

Senate Committee Approves Modest Driver Privacy Bill

The Senate Commerce Committee voted unanimously to approve the Driver Privacy Act of 2015, a bipartisan bill limiting access to event data recorder or "black box" data. Under the Act, black box data could only be obtained with: (1) a court or administrative order; (2) consent of a car owner or lessee; (3) a federal transportation safety investigation if personal information is redacted; (4) emergency crash medical response; or (5) traffic safety research if personal information is redacted. The Senate Commerce Committee approved a stronger bill last year. EPIC previously recommended safeguards for black box data in USA Today and Costco Connect and then urged the Transportation Department to establish privacy rules for data access.

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Posted by Caitriona Fitzgerald on March 30, 2015 1:35 PM | Permalink | TrackBacks (0)

U.S. Supreme Court Tosses Out North Carolina Lifetime GPS Tracking

Today the U.S. Supreme Court issued a per curium opinion vacating the decision of the North Carolina Supreme Court in Grady v. North Carolina. Grady challenged a court order requiring a "satellite-based [GPS] monitoring program for the duration of his natural life." The North Carolina court ruled that this was not a Fourth Amendment search. However, the U.S. Supreme Court tossed that ruling aside, finding it contrary to recent decisions in United States v. Jones and Florida v. Jardines. EPIC filed an amicus brief in Jones, joined by many leading technical experts and legal scholars. The Court held in that case that continuous GPS tracking constituted a search.

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Posted by EPIC on March 30, 2015 1:50 PM | Permalink | TrackBacks (0)

EPIC Sues FAA, Challenges Failure to Create Drone Privacy Safeguards

Today EPIC filed suit in the federal appeals court in Washington, DC arguing that the Federal Aviation Administration failed to establish privacy rules for commercial drones as mandated by Congress. Congress had required the FAA to develop a "comprehensive plan" for drone deployment. In 2012 EPIC and more than 100 organizations and experts also urged the federal agency to establish privacy protections prior to the deployment of commercial drones in the United States. The FAA denied the EPIC petition, claiming it "did not raise an immediate safety concern." Then last month the FAA announced a rulemaking on commercial drones and purposefully ignored privacy concerns, stating that privacy "issues are beyond the scope of this rule making."

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Posted by Caitriona Fitzgerald on March 31, 2015 4:29 PM | Permalink | TrackBacks (0)