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February 2017 Archives

February 2, 2017

EPIC Urges Congress to Examine "Connected Devices," Safeguard Consumer Privacy and Protect Public Safety

EPIC sent a letter to a House Subcommittee on Communications and Technology in advance of a hearing on the NTIA, a key technology policy agency. EPIC warned that "American consumers face unprecedented privacy and security threats," citing recent examples of hacks of devices, including home locks and cars, connected to the internet. EPIC said that Congress and the NTIA should establish protections that minimize the collection of personal data and promote security for Internet-connected devices. EPIC warned of growing risks to consumer safety and public safety. EPIC has testified before Congress, litigated cases, and filed complaints with the FTC regarding connected cars, "smart homes," consumer products, and "always on" devices.

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Posted by EPIC on February 2, 2017 10:10 AM | | TrackBacks (0)

February 3, 2017

House to Consider Narrow Update for Communications Privacy Law

Congress is scheduled to consider the "Email Privacy Act" (H.R. 387) next week. The bill passed the House 419-0 last session. The Act amends the Electronic Communications Privacy Act of 1986 to extend the warrant requirement to communications stored for more than 180 days. An earlier version of the the Act would have required notice of email searches to the user, with some exceptions. EPIC has recommended several other ECPA updates, including protections for location data, data minimization requirements, and end-to-end encryption for commercial e-mail services.

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Posted by EPIC on February 3, 2017 2:50 PM | | TrackBacks (0)

EPIC FOIA: EPIC Seeks Information About Immigration Executive Order

EPIC has filed an urgent FOIA request with the Department for Homeland Security for further information about a DHS press release on "Compliance With Court Orders And The President's Executive Order." The DHS Press Release follows an Executive Order on entry to the United States and a series of court decisions suspending the Order. EPIC is now seeking details about the DHS's activities, including communications with other agencies, communications with airlines, and legal memos supporting the agency's actions. The Inspector General of DHS also announced an investigation to review "allegations of individual misconduct on the part of DHS personnel." EPIC cited both an "urgency to inform the public" and "exceptional media interest" in questions about the "government's integrity" in support of the request for expedited processing. EPIC will continue to press the DHS for prompt release of the documents sought. More information about EPIC's FOIA work is available on the FOIA Case page.

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Posted by EPIC on February 3, 2017 6:00 PM | | TrackBacks (0)

February 6, 2017

EPIC Participates in Irish Case on Future of EU-US Data Transfers

This week the case Data Protection Commissioner v. Facebook, concerning privacy protection for transAtlantic data transfers, begins in Ireland. The case follows a landmark decision which found insufficient legal protections for the transfer of European consumer data to the United States. Mr. Schrems, an Austrian privacy advocate, now challenges Facebook's "standard contractual clauses" as failing to protect privacy. The Irish High Court designated EPIC as the US NGO amicus curiae in the case. EPIC is represented by FLAC (Free Legal Advice Centres), an independent human rights organization, based in Dublin, dedicated to the realization of equal justice for all.

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Posted by EPIC on February 6, 2017 11:40 AM | | TrackBacks (0)

FTC Reaches Settlement with VIZIO Over Smart TV Tracking

The Federal Trade Commission has reached a $2.2 million settlement with smart TV manufacturer VIZIO over the company's tracking of consumers' viewing habits without their knowledge or consent. The FTC's complaint alleged that VIZIO's collection and sale of viewing data was unfair and deceptive, and the settlement agreement requires the company to delete all viewing data. EPIC previously filed a complaint with the FTC over Samsung's smart TV data collection practices, including surveillance of consumers' private conversations. EPIC has also defended the privacy of consumers' TV viewing habits in a federal court case involving the Video Privacy Protection Act.

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Posted by EPIC on February 6, 2017 2:05 PM | | TrackBacks (0)

Acting FTC Chair Outlines Consumer Protection Priorities

In a recent speech, Acting Federal Trade Commission Chairwoman Maureen Ohlhausen outlined her priorities for consumer protection. Ohlhausen recognized that "a notice-and-choice approach to privacy may not adequately protect consumers" but advocated a market-focused "harms-based approach" to privacy. She pointed to recent settlements with Ashley Madison and Eli Lilly as cases involving significant non-financial harm to consumers. Ohlhausen also proposed making the results of all FTC data security investigations public, not only those that result in enforcement actions. EPIC supports increased transparency in FTC actions but has explained in comments to the FTC and FCC and in testimony before Congress that "notice and choice" and "harms based" approaches are insufficient to protect consumer privacy.

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Posted by EPIC on February 6, 2017 3:35 PM | | TrackBacks (0)

February 8, 2017

Pew Research Center Releases Report on Algorithms

The Pew Research Center has released a report, "Code-Dependent: Pros and Cons of the Algorithm Age." The Pew report discusses the impact that experts expect algorithms to have on individuals and society. Among the themes in the report are the biases and lack of human judgment in algorithmic decisionmaking and the need for "algorithmic literacy, transparency, and oversight." EPIC has promoted "Algorithmic Transparency" for many years and has proposed two amendments to Asimov's Laws of Robotics that would require autonomous devices to reveal the basis of their decisions and their actual identity.

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Posted by EPIC on February 8, 2017 4:30 PM | | TrackBacks (0)

EPIC Pursues FOIA Requests at DHS Concerning Aerial Surveillance, Social Media Monitoring, and ID Theft

EPIC has submitted an urgent FOIA request to the Department of Homeland Security about aerial surveillance, social media monitoring and ID theft following statements made by DHS Secretary John Kelly in a Congressional hearing on Homeland Security. The Secretary described plans to expand the use of "aerostats" (surveillance blimps) and monitoring of social media. The Secretary also stated that he has been a victim of data breach. The EPIC FOIA request follows earlier cases brought by EPIC which revealed efforts by the DHS to expand aerial surveillance within the United States, develop techniques for "pre-crime" detection, interrupt Internet service, as well as the impermissible monitoring of social media services and news organizations.

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Posted by EPIC on February 8, 2017 4:55 PM | | TrackBacks (0)

February 9, 2017

Senators Calls for Answers from Secretary Kelly on Privacy Act Exclusion

In a letter to DHS Secretary Kelly, Senator Markey (D-MA) and five other Senators pressed DHS about the impact of an Executive Order limiting federal Privacy Act protections. "These Privacy Act exclusions could have a devastating impact on immigrant communities and would be inconsistent with the commitments made when the government collected much of this information," the Senators contended. The Senators also called on Secretary Kelly to explain the Order's impact on international commitments that permit U.S. firms to obtain access to the data of European consumers. EPIC is participating in Data Protection Commissioner v. Facebook, a case which follows a landmark decision that found insufficient legal protections for the transfer of European consumer data to the United States.

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Posted by EPIC on February 9, 2017 2:40 PM | | TrackBacks (0)

February 10, 2017

States Recognize Data Privacy Day

Several states across the U.S., including Michigan, Montana, North Carolina, and Ohio, recognized international Data Privacy Day, held annually on January 28 to commemorate the first international treaty for privacy and data protection. State efforts to raise awareness about privacy and other consumer protection issues are published monthly in The State Center Consumer Protection Report. The Report also noted that Mississippi is pursuing legal action against Google over student data collected from public schools. The lawsuit accuses Google of collecting students' personal information and search history for its own business interests in violation of the Mississippi Consumer Protection Act.

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Posted by EPIC on February 10, 2017 3:20 PM | | TrackBacks (0)

February 13, 2017

EPIC Urges Congress to Protect Consumers, Democratic Institutions with Strong Cyber Security Measures

In advance of a hearing on "Strengthening U.S. Cybersecurity Capabilities," EPIC has sent a letter to the House Science Committee urging Congress to protect democratic institutions, following the Russian interference with the 2016 presidential election. EPIC explained that "data protection and privacy should remain a central focus" of cyber security policy. EPIC also recommended that Congress strengthen the federal Privacy Act and establish a U.S. data protection agency.

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Posted by EPIC on February 13, 2017 2:20 PM | | TrackBacks (0)

EPIC, Coalition Urge OMB to Preserve Access to Public Information

EPIC and a coalition of over sixty organizations urged the Office of Management and Budget to preserve access to government information online. In a letter, the coalition called on OMB to ensure agencies give the public notice required by law before removing information. The coalition warned that agencies have begun removing information on topics "such as animal welfare, individuals with disabilities, climate change, and more from their websites." EPIC routinely advocates on behalf of open government and transparency. EPIC is currently pursuing two Freedom of Information Act lawsuits for records related to the Russian interference in the 2016 Presidential election.

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Posted by EPIC on February 13, 2017 4:35 PM | | TrackBacks (0)

EPIC Urges Senate Committees to Protect Democratic Institutions

EPIC has sent letters to two Senate Committees investigating Russian interference with the 2016 Presidential Election. In letters to the Senate Judiciary Committee and Senate Foreign Relations Committee EPIC described two Freedom of Information Act cases against the FBI and the ODNI to obtain records about the scope of activities aimed at undermining democratic institutions. EPIC explained that upcoming federal elections in Europe underscore the need to understand the cyber threat to democratic elections.

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Posted by EPIC on February 13, 2017 4:40 PM | | TrackBacks (0)

February 15, 2017

EPIC Asks Congress To Examine Privacy and Safety Concerns for Connected Cars

EPIC has sent a letter to a House committee on Digital Commerce and Consumer Protection for a hearing on "Self-Driving Cars: Road to Deployment," urging the establishment of privacy and safety measures for connected cars. EPIC warned that connected vehicles raise substantial risks for consumers. EPIC explained that voluntary guidance and self-regulation do not provide meaningful protection. EPIC has testified before Congress and submitted detailed comments on the need for privacy and safety standards for connected vehicles.

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Posted by EPIC on February 15, 2017 10:35 AM | | TrackBacks (0)

February 16, 2017

EPIC, Coalition Recommend 10 Steps for the FTC to Protect Consumers in 2017

EPIC and a coalition of consumer groups sent a letter to the Federal Trade Commission recommending 10 steps the agency should take to protect consumers and promote competition in 2017. "American consumers today are at great risk of identity theft, financial fraud, and data breaches," the coalition wrote, arguing that "proactive efforts to strengthen data protection will spur innovation and support business models that are sustainable over time." The letter asks the FTC to increase its enforcement efforts, promote transparency, and pursue actions based on unfairness instead of relying on "notice and choice." EPIC has consistently urged the FTC to exercise its full authority in protecting consumers. EPIC has also filed numerous consumer privacy complaints with the FTC, including a recent complaint about "toys that spy."

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Posted by EPIC on February 16, 2017 12:40 PM | | TrackBacks (0)

Coalition Urges UN to Investigate US Social Media Monitoring

A coalition of human rights groups is urging the UN to investigate reports that the US is demanding entrants provide access to their cell phones and social media accounts. "These practices persist in violation of the United States human rights treaty obligations and your action is needed to hold the government accountable," the group stated in a letter to the the UN High Commissioner on Human rights and other UN offices. EPIC recently submitted an urgent request for disclosure of DHS plans to step up social media monitoring, and previously prevailed in a lawsuit against the agency to reveal records of its monitoring programs. EPIC's Privacy Law Sourcebook 2016, available in the EPIC bookstore, provides an overview of privacy frameworks around the world and tracks emerging privacy challenges.

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Posted by EPIC on February 16, 2017 3:50 PM | | TrackBacks (0)

February 17, 2017

German Agency Tells Parents to Destroy "My Friend Cayla" Dolls

The German Federal Network Agency has told parents to destroy the "My Friend Cayla" doll, an internet-connected doll that spies on young children. The toy is illegal under German privacy law because it is a "concealed listening device," according to the agency. EPIC and several consumer organizations filed a complaint with the Federal Trade Commission alleging that the doll violates U.S. privacy law. EPIC's complaint spurred a congressional investigation, and toy stores across Europe have removed Cayla from their shelves and are offering refunds to parents who purchased the toys. However, the Federal Trade Commission has failed to act on the complaint and U.S. families continue to purchase the doll that surreptitiously monitors children's communications.

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Posted by EPIC on February 17, 2017 11:30 AM | | TrackBacks (0)

February 21, 2017

Sen. Wyden Challenges Digital Border Searches

Sen. Ron Wyden (D-OR) has asked the Department of Homeland Security to explain reports of Customs and Border Patrol agents demanding access to Americans' locked phones at U.S. borders. Wyden said that "These digital dragnet border search practices weaken our national and economic security." EPIC awarded Sen. Wyden the EPIC Champion of Freedom Award in 2013. EPIC's 2017 awards dinner will be held on June 5, 2017 honoring Carrie Goldberg, Garry Kasparov, and Judge Patricia Wald. EPIC has also submitted FOIA requests to the DHS regarding the agency's policies for searches of social media.

Posted by EPIC on February 21, 2017 6:00 PM | | TrackBacks (0)

EPIC Prevails in FOIA Lawsuit for FBI Privacy Assessments

EPIC has prevailed in EPIC v. FBI, a case involving a Freedom of Information Act request for privacy assessments the FBI is required to prepare. EPIC sued the Federal Bureau of Investigation after the agency failed to respond to EPIC's FOIA request for the assessments. EPIC subsequently challenged the adequacy of the agency's search for responsive documents and the FBI's claim that record could be withheld pursuant to "Exemption 7(E)," which concerns law enforcement "techniques and procedures." Today, the federal judge concluded that "the FBI neither adequately described its search nor properly justified its withholdings of information under FOIA exemption 7(E)." The Court ordered the FBI to supplement the record to address the inadequacy of the agency's search and the basis for the Exemption 7(E) claims.

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Posted by EPIC on February 21, 2017 6:05 PM | | TrackBacks (0)

February 22, 2017

European Privacy Officials Raise Concerns About US Immigration Executive Order

The Article 29 Working Party, an expert group of European privacy officials, has raised concerns over a provision in the immigration Executive Order that would limit Privacy Act protections. The Working Party is seeking assurance from the US that the change will not threaten the privacy rights of non-US citizens established in the "Privacy Shield" and the Umbrella Agreement. EPIC is currently participating in Data Protection Commissioner v. Facebook, a case following a landmark decision that found insufficient legal protections for the transfer of European consumer data to the US.

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Posted by EPIC on February 22, 2017 11:10 AM | | TrackBacks (0)

February 23, 2017

EPIC Obtains Documents About DHS Immigration Enforcement Priorities

As a result of a Freedom of Information Act request, EPIC has obtained over 650 pages about DHS's immigration enforcement priorities. The documents detail the "Priorities Enforcement Program," a controversial program that relied on biometric data collection for immigration enforcement. EPIC recently submitted two new urgent FOIA requests to DHS, the first about DHS plans to step up social media monitoring and a second to reveal the agency's compliance with recent immigration court orders. This week, EPIC also prevailed in a FOIA lawsuit for public release of privacy assessments the FBI is required to prepare.

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Posted by EPIC on February 23, 2017 12:25 PM | | TrackBacks (0)

FBI Responds to EPIC FOIA Suit for Details of Russian Interference with 2016 Election

The FBI has filed an answer to EPIC's Freedom of Information Act lawsuit for records pertaining to the Russian interference with the 2016 Presidential election. In the answer, the FBI acknowledged receipt of EPIC's FOIA request. EPIC filed suit against the FBI in federal district court after the agency failed to make a timely decision concerning EPIC's request for expedited processing of the FOIA request. The parties will next confer to set a schedule for production of documents and briefing, if necessary. EPIC has also filed suit against the ODNI for public release of the Complete ODNI Assessment of the Russian interference in the 2016 election. EPIC recently launched the EPIC Cybersecurity and Democracy Project, which will focus on US cyber policies, threats to election systems and foreign attempts to influence American policymaking.

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Posted by EPIC on February 23, 2017 6:05 PM | | TrackBacks (0)

February 24, 2017

Supreme Court to Consider Internet Censorship, EPIC Files Amicus Brief

The U.S. Supreme Court will hear arguments Monday in Packingham v. North Carolina. At issue is a state law that bars people listed in a sex offender registry from accessing any commercial website that allows users under 18 to create profiles and communicate online. The North Carolina ban covers major news sites such as the New York Times and CNN. Packingham was convicted for posting "Good is God" on Facebook after a traffic ticket was dismissed. EPIC filed a "friend-of-the-court" brief joined by thirty-five technical experts, legal scholars, and civil liberties organizations, EPIC explained that the law violates the First Amendment right to receive information, censors vast amounts of speech unrelated to protecting minors, and will lead to widespread government monitoring of all internet users. "The state can no more criminalize what an individual chooses to read on a personal electronic device than it can restrict the contents of a home library: the privacy of both is sacrosanct," EPIC wrote. EPIC regularly files amicus briefs with the US Supreme Court on emerging privacy and civil liberties issues. EPIC previously argued for First Amendment privacy protections in Doe v. Reed, Watchtower Bible v. Stratton, and Los Angeles v. Patel.

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Posted by EPIC on February 24, 2017 11:00 AM | | TrackBacks (0)

Privacy Commissioners Announce Global Data Protection Awards

The International Conference of Data Protection & Privacy Commissioners is seeking submissions by April 21, 2017 for the inaugural Global Privacy and Data Protection Awards. Entries are invited for research, dispute resolution, education and advocacy, and use of online tools. Winning entries will be announced at the 39th annual Privacy Commissioners conference in Hong Kong in September 2017. EPIC has organized more than a dozen Public Voice events in conjunction with the annual meetings of the Privacy Commissioners to encourage civil society participation in decisions concerning the future of the Internet. EPIC also gives out the Champion of Freedom Awards at the Computers, Privacy and Data Protection Conference in Brussels and the EPIC Awards Dinner in Washington, DC.

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Posted by EPIC on February 24, 2017 11:20 AM | | TrackBacks (0)

EPIC, Coalition Back Improved Government Transparency

In comments to Office of Government Information Services, EPIC and a coalition of open government groups urged greater transparency for dispute resolutions. The coalition wrote that a proposed rule "would impose restrictive confidentiality requirements." The coalition proposed revisions that "do not place restrictive confidentiality requirements on requesters" who use dispute resolution services. EPIC routinely advocates on behalf of open government and transparency. Earlier this month, EPIC and a coalition called on the Office of Management and Budget to preserve public access to online government information. EPIC also recently prevailed in EPIC v. FBI, a Freedom of Information Act lawsuit for public release of the FBI's privacy assessments.

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Posted by EPIC on February 24, 2017 4:35 PM | | TrackBacks (0)

Yahoo Responds to Senators About Data Breach

Yahoo has responded to a letter from Senators John Thune (R-SD) and Jerry Moran (R-KS) inquiring into data breaches that exposed over a billion user records in 2013 and 2014. Yahoo said in its response that it has notified users affected by the breaches, required users who had not changed their passwords since 2014 to do so, and encouraged all users to review their passwords and security questions. Yahoo's letter also discussed the steps the company has taken to improve its security program. EPIC testified in support of strong data breach notification laws in 2009 and 2011, launched "Data Protection 2016" to make privacy a campaign issue and recently filed an amicus brief to protect the ability of consumer to sue companies that fail to protect their personal information.

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Posted by EPIC on February 24, 2017 5:40 PM | | TrackBacks (0)

February 27, 2017

Congressman Pallone Asks Government Accounting Office to Study Costs of Eliminating Privacy Rules

Congressman Frank Pallone has asked the U.S. Government Accounting Office to study the harms of eliminating rules that protect consumer privacy. "With the near universal use of the internet, and the rapid expansion of connected devices, corporations now have more information about American consumers than ever before," Pallone wrote in his letter. "It is, therefore, more important than ever that Americans' privacy and security be protected online." Pallone asked the GAO to report on whether the "notice and choice" approach to privacy regulation works, what challenges consumers face in protecting their information, and how the FCC, FTC, and other agencies approach privacy regulation. EPIC has urged the FCC to establish comprehensive safeguards for consumer privacy. EPIC also explained in comments to the FTC and FCC and in testimony before Congress that "notice and choice" is insufficient to protect consumer privacy.

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Posted by EPIC on February 27, 2017 4:25 PM | | TrackBacks (0)

February 28, 2017

In Court: EPIC Challenges FAA Failure to Establish Drone Privacy Rules

EPIC has filed the opening brief in a lawsuit against the Federal Aviation Administration concerning drone surveillance. EPIC charged that the FAA's failure to establish privacy rules for commercial drones is a violation of law. The EPIC lawsuit is based on an Act of Congress requiring a "comprehensive plan" for drone deployment in the United States and a petition, backed by more than one hundred organizations and privacy experts, calling for privacy safeguards. EPIC stated that “As the FAA has refused to issue any privacy-related rules and refused to conduct a comprehensive rulemaking, contrary to the FAA Modernization Act and to EPIC's Rulemaking Petition, the Court must now order the agency to do so.” The case is EPIC v. FAA, No. 16-1297.

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Posted by Caitriona Fitzgerald on February 28, 2017 7:53 AM | | TrackBacks (0)

EPIC Tells Senate Committee that Transparency is Critical for Next Director of National Intelligence

EPIC has sent a statement to the Senate Select Committee on Intelligence outlining the key government transparency and cybersecurity challenges the next Director of National Intelligence will confront. The Committee meets today to consider the nomination of Sen. Dan Coats for the position. EPIC commended former Director Clapper's progress on oversight and transparency and urged the Committee to seek assurance from Sen. Coats that his office will continue that work. EPIC also warned that over classification remains an issue that frustrates government accountability. EPIC informed the Committee that EPIC has filed suit against the ODNI for public release of the Complete Assessment of the Russian interference in the 2016 election. In the unclassified report, former Director Clapper said that the Russians conducted a "multi-faceted" attack on the 2016 election.

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Posted by EPIC on February 28, 2017 1:05 PM | | TrackBacks (0)

EPIC Urges House Committee to Protect Consumers, Democratic Institutions with Strong Cyber Security Measures

In advance of a hearing on "Cyber Warfare in the 21st Century: Threats, Challenges, and Opportunities," EPIC has sent a letter to the House Armed Services Committee urging Congress to protect democratic institutions, following the Russian interference with the 2016 presidential election. EPIC explained that "data protection and privacy should remain a central focus" of cyber security policy. EPIC also recommended that Congress strengthen the federal Privacy Act and establish a U.S. data protection agency. EPIC recently launched the EPIC Cybersecurity and Democracy Project, which will focus on US cyber policies, threats to election systems and foreign attempts to influence American policymaking.

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Posted by EPIC on February 28, 2017 4:55 PM | | TrackBacks (0)

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About February 2017

This page contains all entries posted to epic.org in February 2017. They are listed from oldest to newest.

January 2017 is the previous archive.

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