EPIC Alert 20.21

======================================================================= E P I C A l e r t ======================================================================= Volume 20.21 October 31, 2013 ----------------------------------------------------------------------- Published by the Electronic Privacy Information Center (EPIC) Washington, D.C. http://www.epic.org/alert/epic_alert_20.21.html "Defend Privacy. Support EPIC." http://epic.org/donate ========================================================================= Table of Contents ========================================================================= [1] EPIC Files in Supreme Court, Responds to Government in NSA Challenge [2] European Parliament Committee Approves Comprehensive Privacy Law [3] EPIC Urges Congress to Protect Student Privacy [4] EPIC Objects to Secret Profiling of Air Travelers [5] Google's Plan to Post User Images in Ads May Violate FTC Order [6] News in Brief [7] EPIC in the News [8] EPIC Bookstore [9] Upcoming Conferences and Events TAKE ACTION: Tell Facebook: "Stop Changing Our Privacy Settings!" - READ about the Changes: http://epic.org/redirect/090313-facebook.html - LEARN More about Facebook Privacy: http://epic.org/privacy/facebook/ - SUPPORT EPIC: http://www.epic.org/donate/ ========================================================================= [1] EPIC Files in Supreme Court, Responds to Government in NSA Challenge ========================================================================= EPIC has filed a reply brief in with the US Supreme Court in the case In re EPIC. The brief is in response to the US government's brief, which was filed after two extensions. The government argues that the Supreme Court cannot hear the case. EPIC has responded that the government "simply cannot be correct" that the order of the Foreign Intelligence Surveillance Court, an inferior court, is not reviewable by the Supreme Court. EPIC also explained that the order is clearly unlawful. "No court has ever determined that 'relevance' permits the compelled production of such vast quantities of irrelevant personal information," EPIC said, noting that Representative James Sensenbrenner (R-WI), co-author of the USA PATRIOT Act, has written that "This expansive characterization of relevance makes a mockery of the legal standard." EPIC also outlined the extraordinary impact of the NSA telephone record collection on all Americans, stating, "These telephone records are unique and identifiable, and reveal a great deal of private information about millions of telephone users. In no instance has the Government established any individualized suspicion to support the collection of this information." Previously, the US government had asserted that the Supreme Court "lacks jurisdiction" to review the NSA's program, and that the program is authorized under Section 215 of the USA PATRIOT Act. Under the government's analysis, only the Department of Justice and the telecommunications carriers receiving Section 215 orders have standing to seek appellate review. EPIC filed for mandamus relief in the Supreme Court precisely because the traditional appellate methods were unavailable. As EPIC explained in the July 2013 Mandamus Petition, "It is simply not possible that every phone record in the possession of a telecommunications firm could be relevant to an authorized investigation." Such an interpretation would "render meaningless" the "relevance" limitation Congress added to Section 215 in 2006. Many members of Congress, including the original authors of the USA PATRIOT Act, agree that the government's interpretation is contrary to legislative intent. Legal scholars and former Church Committee members also filed "friend of the court" briefs in support of EPIC's case, arguing that the government's position undermines the purposes of the Foreign Intelligence Surveillance Act and threatens important Fourth Amendment rights. The Supreme Court will consider in re EPIC at its upcoming mid-November conference. The Justices can vote to hear oral argument in the case, or request additional briefing from the parties. The Court is likely to render an initial decision on the petition by the end of November 2013. EPIC: Reply Brief in in re EPIC (Oct. 28, 2013) http://epic.org/privacy/nsa/in-re-epic/13-58-EPIC-Reply.pdf EPIC: In re EPIC https://epic.org/privacy/nsa/in-re-epic/ EPIC: Petition to US Supreme Court for Writ of Mandamus (Jul. 8, 2013) http://epic.org/EPIC-FISC-Mandamus-Petition.pdf US Gov't: Brief in Opposition to In re EPIC (Oct. 2013) https://epic.org/privacy/nsa/in-re-epic/13-58-SG-Brief.pdf Rep. Sensenbrenner (R-WI): Letter to DoJ on Patriot Act (Sep. 6, 2013) http://epic.org/redirect/103113-sensenbrenner.html EPIC: "Friend of the Court Brief" I in In re: EPIC (Aug. 9, 2013) http://www.law.indiana.edu/front/etc/section-215-amicus-8.pdf EPIC: "Friend of the Court Brief" II in In re: EPIC (Aug. 12, 2013) http://epic.org/privacy/nsa/in-re-epic/Church-Committee-Amicus.pdf EPIC: "Friend of the Court Brief" III in In re: EPIC (Aug. 12, 2013) http://epic.org/privacy/nsa/in-re-epic/Cato-Amicus.pdf EPIC: "Friend of the Court Brief" IV in In re: EPIC (Aug. 2013) http://epic.org/redirect/103113-pfander-vladeck.html ======================================================================== [2] European Parliament Committee Approves Comprehensive Privacy Law ======================================================================== The civil liberties committee of the European Parliament, or LIBE Committee, has voted to approve the EU Data Protection Regulation, a new privacy framework to protect the personal information of EU citizens. Before voting, committee members inserted additional safeguards for data transfers to non-EU countries, an explicit consent requirement, a right to erasure, and larger fines for noncomplying businesses. The final vote was 51 in favor, 1 opposed, and 3 abstentions. The Regulation is a comprehensive update of the 1995 Data Protection Directive, which harmonizes current law and sets out new enforcement powers for privacy agencies. The 1995 Directive defines the basic elements of data protection that member states must transpose into national law. Each state manages the regulation of data protection and enforcement within its jurisdiction, and data protection commissioners from EU states participate in a working group at the community level. EPIC President Marc Rotenberg addressed the September 30 meeting of the European Parliament on the topic of "The Electronic Mass Surveillance of EU Citizens." The EU Parliament's Committee on Civil Liberties, Justice, and Home Affairs has convened a series of hearings to examine reports on the monitoring and surveillance of Europeans. Mr. Rotenberg explained that a vigorous debate now exists in the US and that there would be some changes to the Foreign Intelligence Surveillance Act. Rotenberg also warned that US lawmakers were unlikely to make changes that respond to the concerns of European citizens, urged EU lawmakers to suspend trade negotiations with the US pending an adequate resolution of the surveillance inquiry, and suggested a review of the PNR and SWIFT data transfer arrangements, which lack Privacy Act safeguards. Finally, Rotenberg recommended the adoption of an international framework for privacy protection. A coalition of 23 leading US consumer, privacy, and civil liberties groups wrote to the European Parliament in support of the new privacy law. In the letter, the groups expressed optimism that they will "eventually update privacy laws in the United States," but until then, "the European Union offers the best prospect for the protection of Internet users around the globe." The letter added that "the US Congress has so far failed to take necessary steps to update US privacy law or to rein in the activities of the National Security Agency. As a consequence, consumers on both sides of the Atlantic remain at risk - our most sensitive data is too readily available for scrutiny and misuse." EPIC: Testimony of Marc Rotenberg before EU Parliament (Sep. 30, 2013) http://epic.org/redirect/103113-rotenberg-libe.html US NGOs: Letter to EU Parliament on Data Protection (Oct. 15, 2013) http://www.consumerwatchdog.org/resources/ltreudatareg101513.pdf EU: LIBE Committee Vote on Regulation (Oct. 21, 2013) http://epic.org/redirect/103113-eu-libe-vote.html EU: Data Protection Regulation (2012) http://epic.org/redirect/103113-eu-dp-regulation.html EU: 1995 Data Protection Directive http://epic.org/redirect/103113-eu-dp-directive-1995.html EU: Inquiry on Mass Surveillance of EU Citizens (Sep. 25, 2013) http://epic.org/redirect/103113-eu-surveillance-inquiry.html EU: NSA Inquiry (Sep. 30, 2013) http://epic.org/redirect/103113-eu-NSA-inquiry.html EU: LIBE Committee http://epic.org/redirect/103113-libe-committee.html EPIC: EU Data Protection Directive https://epic.org/privacy/intl/eu_data_protection_directive.html ========================================================================= [3] EPIC Urges Congress to Protect Student Privacy ========================================================================= EPIC has sent a letter to the US Senate and House Committees on Education, urging Congress to restore privacy protections for student data. Following a court opinion supporting recent changes to the Family Educational Rights and Privacy Act (FERPA), EPIC has warned that the changes allow the release of student records for non-academic purposes and undercut parental and student consent provisions. EPIC has also urged Congress to investigate the impact of the revised regulations. "Students and families are losing control over sensitive information," EPIC wrote, "and private companies are becoming the repositories of student data and even the data maintained by the schools is far more extensive than ever before." The Family Educational Rights and Privacy Act protects students from unauthorized disclosure of student education records. FERPA also grants students the right to inspect and correct their education records. In 2011, EPIC submitted extensive comments to the Education Department, opposing the Department's proposal to remove important student privacy safeguards. After the ED failed to modify the proposed regulation, EPIC filed suit, arguing both that the changes exceeded the agency's authority, and that the revised regulations are not in accordance with the 1974 Privacy Act. EPIC was joined in the lawsuit by members of the EPIC Board of Directors Grayson Barber, Pablo Garcia Molina, Peter Neumann, and Deborah Peel. EPIC is a longtime advocate for student privacy rights. In 2004, EPIC, joined by a coalition of privacy, consumer rights, and civil rights organizations, objected to data exchanges between the Selective Service System (SSS) and the Education Department that would determine whether students had registered for the draft. In 2012, EPIC, along with other leading privacy and civil liberties organizations, supported a moratorium on RFID Student Tracking. EPIC: Letter to Congress re: Student Privacy (Oct. 9, 2013) http://epic.org/apa/ferpa/EPIC-ED-Student-Privacy-Letter.pdf EPIC: EPIC v. Education Department Memorandum Opinion (Sep. 26, 2013) http://epic.org/apa/ferpa/EPIC-FERPA-Opinion.pdf Federal Register: FERPA Regulations (Dec. 2011) http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf EPIC: FERPA Comments to the Education Department (May 2011) http://epic.org/privacy/student/EPIC_FERPA_Comments.pdf EPIC: EPIC v. Dept. of Education http://epic.org/apa/ferpa/ EPIC: EPIC v. Dep't of Education Complaint (Feb. 29, 2012) http://epic.org/open_gov/apa/EPIC-FERPA-Complaint.pdf EPIC et al.: Comments on Selective Service and ED Data Matching (2004) http://epic.org/privacy/student/sssdatamatch.html EPIC et al.: Paper on the Use of RFID in Schools (Aug. 21, 2012) http://www.spychips.com/school/RFIDSchoolPositionPaper.pdf ========================================================================= [4] EPIC Objects to Secret Profiling of Air Travelers ========================================================================= EPIC has submitted comments to the Department of Homeland Security, objecting to the agency's plan to secretly profile US air travelers and remove Privacy Act safeguards. The DHS has proposed to exempt TSA PreCheck, a program to provide expedited screening at airports, from the federal privacy law. The PreCheck database contains detailed personal information, including name, birthdate, biometric information, Social Security number, and financial information. The TSA proposed to exempt the release of applicant data gathered from outside DHS from Privacy Act obligations and make the data available to federal, state, tribal, local, territorial agencies and foreign governments. This exemption from the Privacy Act will remove the rights of PreCheck applicants to notification, access, and correction of their data collected under PreCheck. The agency also intends to keep secret the basis for approving PreCheck applicants. EPIC's comments discuss "the substantial privacy and security issues raised by" the PreCheck database, urge DHS to "significantly narrow the Privacy Act exemptions," and recommend that DHS "withdraw unnecessary proposed routine use disclosures." EPIC has previously opposed DHS passenger profiling programs. In 2007, EPIC submitted comments to DHS opposing the implementation of Secure Flight, a program that would maintain watch lists of names of individuals suspected of posing a risk to air travel. EPIC warned against the high error rates of watch lists and the lack of redress for travelers on the list. In 2011, EPIC opposed DHS's Watchlist Service. The Watchlist Service was to serve as a single, massive repository of several other databases maintained by various agencies including the FBI. DHS proposed using the Watchlist to screen airline passengers. EPIC objected to exempting the Watchlist Service to the Privacy Act and the lack of redress mechanisms. EPIC: Comments to DHS re: TSA PreCheck (Oct. 10, 2013) http://epic.org/apa/comments/TSA-PreCheck-Comments.pdf DHS Notice of Proposed Rulemaking re: TSA PreCheck (Sept. 11, 2013) http://www.gpo.gov/fdsys/pkg/FR-2013-09-11/pdf/2013-22069.pdf TSA: TSA PreCheck http://www.tsa.gov/tsa-precheck EPIC: Comments to DHS regarding Secure Flight (Sept. 24, 2007) http://epic.org/privacy/airtravel/sf_092407.pdf EPIC: Comments to DHS re: Watchlist Service (Aug. 5, 2011) http://epic.org/redirect/103113-epic-watchlist-comments.html EPIC: Passenger Profiling http://epic.org/privacy/airtravel/profiling.html ======================================================================== [5] Google's Plan to Post User Images in Ads May Violate FTC Order ======================================================================== Google has announced changes to its Terms of Service that will allow Google to use "your Profile name, Profile photo, and actions you take on Google or on third-party applications" in Google's advertisements. These so-called "shared endorsements" may violate the FTC's 2011 consent order with Google, as Google will not seek users' affirmative consent before putting their personal information to commercial use. According to Google, minors will not be subject to the changes, which are set to go into effect November 11. A 2011 Consent Order with the Federal Trade Commission prohibits Google from making misrepresentations and requires the company to obtain user consent before disclosing information to third parties. Senator Ed Markey (D-MA) has sent a letter to the FTC, asking whether Google's actions may have violated the consent order, and to provide any additional information on any investigations the FTC might conduct on the matter. "I respectfully request the Commission's views on whether Google's planned changes violate the settlement agreement," Markey said. "I also request that the Commission provide me with information about any actions it has taken or plans to take to investigate whether Google's proposed changes to its privacy policy violate its agreement with the Commission." EPIC recently objected to similar practices by Facebook that would allow the company to routinely use the names, images, and content of Facebook users for commercial advertising without consent. Facebook has suspended the change pending a review by the Federal Trade Commission. Google: Notice of Changes of ToS (Oct. 11, 2013) http://www.google.com/policies/terms/changes/ FTC: Google Consent Order (Oct. 13, 2011) http://ftc.gov/os/caselist/1023136/111024googlebuzzdo.pdf Sen. Ed Markey (D-MA): Letter to FTC re: Google (Oct. 12, 2013) http://epic.org/redirect/103113-markey-letter-ftc-google.html EPIC: Letter to FTC re: Facebook Privacy Changes (Sep. 4, 2013) https://epic.org/privacy/ftc/Privacy-Grps-FTC-tr-9-13.pdf EPIC: In re Google https://epic.org/privacy/ftc/googlebuzz/default.html EPIC: Federal Trade Commission http://epic.org/privacy/internet/ftc/ ======================================================================== [6] News in Brief ======================================================================== EPIC Supports Campaign to End Mass Surveillance EPIC joined more than 100 organizations at the "Stop Watching Us" rally October 28 in Washington, DC. EPIC Counsel Khaliah Barnes told the crowd, "First they ignore us, then they laugh at us, then they fight us, and then we win." The night before the rally, EPIC organized a "crypto party" with Public Citizen. Featured speakers included author and crypto expert Bruce Schneier and former Libertarian presidential candidate Gary Johnson. EPIC has filed a Supreme Court challenge to the NSA telephone record collection program. 'Stop Watching Us' Coalition https://rally.stopwatching.us/ MSNBC: Article on 'Stop Watching Us' Rally (Oct. 26, 2013) http://www.msnbc.com/msnbc/stop-watching-us EPIC: Crypto Party http://epic.org/events/cryptoparty/ EPIC: In re EPIC - NSA Telephone Records Surveillance. http://epic.org/privacy/nsa/in-re-epic/ In EPIC v. NSA, Court Rules Presidential Directives are Not Subject to FOIA but Orders Release of Additional Documents to EPIC A federal court has issued an opinion in EPIC v. NSA, EPIC's Freedom of Information Act lawsuit over the US government's policy on the security of American computer networks. As a result of the lawsuit, EPIC obtained documents that the National Security Agency had withheld from the public. The documents concern National Security Presidential Directive (NSPD) 54, a presidential policy directive outlining the scope of the NSA's authority over computer networks within the US. EPIC also challenged the NSA's decision to withhold several other records including the text of NSPD 54 itself. A federal district court has now ruled that NSPD 54 is not subject to the FOIA because it was not under "the control" of the National Security Agency and the other federal agencies and officials who received the presidential directive. The court also ordered to the NSA to identify and release other documents to EPIC. DC District Court: Opinion in EPIC v. NSA (Oct. 21, 2013) http://epic.org/foia/nsa/NSPD_54_Opinion.pdf EPIC: EPIC v. NSA http://epic.org/privacy/nsa/epic_v_nsa.html EPIC: FOIA Documents on NSPD 54 (Oct. 2013) http://epic.org/privacy/nsa/foia/EPIC-001-048.pdf EPIC: FOIA Documents on NSPD 54 and Domestic Procedure (Oct. 2013) http://epic.org/redirect/103113-epic-foia-nspd54.html EPIC v. NSA - Cybersecurity Authority http://epic.org/privacy/nsa/epic_v_nsa.html EPIC,Coalition Urge NSA to Comply with Privacy Act EPIC,joined by a coalition of privacy, consumer rights, and civil rights organizations, has urged the Department of Defense to require the National Security Agency to comply with the federal Privacy Act, the primary law protecting personal information held by the federal government. The coalition's comments were in response to a proposed agency rule amending the Defense Department's privacy program. The organizations noted that the National Security Agency is a component of the Defense Department and subject to agency regulations. EPIC and the coalition stated, "The DOD must ensure that the NSA complies with the Privacy Act by publishing additional system of records notices and otherwise adhering to the Privacy Act before it can adopt its current proposal." Although the NSA has identified 26 Privacy Act databases, recent revelations by The Guardian newspaper suggest that there are many other databases subject to the Privacy Act that should be identified. EPIC has also petitioned the US Supreme Court, challenging the NSA's telephone record collection program. EPIC et al.: Comments to DoD re: NSA and Privacy Act (Oct. 21, 2013) http://epic.org/privacy/nsa/Coal-DoD-Priv-Program-Cmts.pdf Federal Register: Proposed Rule on DoD Privacy Policy (Aug. 22, 2013) http://www.gpo.gov/fdsys/pkg/FR-2013-08-22/pdf/2013-20515.pdf US Defense Dept.: SORN on Privacy Databases http://dpclo.defense.gov/privacy/SORNs/component/nsa/index.html EPIC: Petition to US Supreme Court re: NSA Records (Jul. 8, 2013) http://epic.org/EPIC-FISC-Mandamus-Petition.pdf EPIC: In re EPIC http://epic.org/privacy/nsa/in-re-epic/ Open Government Organizations Support EPIC's FOIA Appeal Citizens for Responsibility and Ethics in Washington (CREW) has filed a "friend of the court" brief in EPIC v. DHS, a challenge to the secrecy of government documents now pending before the DC Circuit Court of Appeals. EPIC is appealing a District Court decision that allowed two federal agencies to withhold factual documents, including test results, about airport body scanners. "[A]ccepting the District Court's analysis would threaten the integrity of the decision making process and undermine the goals of the FOIA." CREW's brief explains. Several other open government groups joined the CREW brief, including the ACLU, EFF, and the OpenTheGovernment coalition. EPIC filed the opening brief in early October 2013. The government is expected to file an opposition brief in early November. CREW et al.: "Friend of the Court" Brief - EPIC v. DHS (Oct. 15. 2013) http://epic.org/foia/dhs/CREW_Amicus.pdf EPIC: Decision in EPIC v. DHS (Mar. 7, 2013) http://epic.org/EPIC v DHS.pdf EPIC: EPIC v. TSA (Mar. 7, 2013) http://epic.org/EPIC v. TSA.pdf EPIC: Reply Brief in EPIC v. DHS (Oct. 1, 2013) http://epic.org/redirect/103113-epic-reply-brief-dhs.html EPIC v. DHS - Body Scanner FOIA Appeal. http://epic.org/foia/dhs/bodyscanner/appeal/ Facebook Removes Crucial Privacy Setting for Users' Names Facebook has begun removing a privacy setting that had allowed users to opt out from their names being included in Facebook's "Graph Search" feature. All users, even those who had previously removed their names from searches, will now be included in Graph Search results. Facebook is bound by the provisions of a 20-year consent decree from the FTC that requires express affirmative consent from users before disclosing personal information that exceeds the restrictions imposed by users' privacy settings. Facebook announced the change in 2012; EPIC subsequently warned about the consequences of the privacy changes. EPIC later sent a letter to Facebook requesting a reversal of policy changes that automatically shared users' private information. Facebook: Blog Post on Graph Search Settings (Oct. 10, 2013) http://epic.org/redirect/103113-facebook-graph-search.html FTC: Facebook Agreement (Nov. 29, 2011) http://ftc.gov/os/caselist/0923184/111129facebookagree.pdf EPIC: News Item on Facebook Changes (Dec. 13, 2012) https://epic.org/2012/12/facebook-updates-privacy-contr.html EPIC: Letter to Facebook on Proposed Privacy Changes (Nov. 27, 2012) https://epic.org/privacy/facebook/EPIC-CDD-Ltr-to-FB-Data-Use.pdf EPIC: Facebook Privacy https://epic.org/privacy/facebook/ EPIC: In re Facebook https://epic.org/privacy/inrefacebook/ Senator Markey Investigates Student Data Disclosures Senator Edward Markey (D-MA) has sent a letter to the US Education Department, requesting information on the "impact of increased collection and distribution of student data" on student privacy rights. Among other questions, Senator Markey asked why the Department made changes to the Family Educational Rights and Privacy Act, a federal student privacy law; whether the Department "performed an assessment of the types of information" that schools disclose to third party vendors; and whether students and their families can obtain any personal information held by private companies. Markey's letter states, "By collecting detailed personal information about students' test results and learning abilities, educators may find better ways to educate their students. However, putting the sensitive information of students in private hands raises a number of important questions about the privacy rights of parents and their children." EPIC has sent a letter to the US Senate and House Committees on Education, urging Congress to restore privacy protections for student data. Sen. Ed Markey (D-MA): Letter to ED re: Student Data (Oct. 22, 2013) http://www.markey.senate.gov/documents/2013-10-22_FERPA.pdf EPIC: EPIC v. Dept. of Education http://epic.org/apa/ferpa/ EPIC: Letter to Congress re: Student Privacy (Oct. 9, 2013) http://epic.org/apa/ferpa/EPIC-ED-Student-Privacy-Letter.pdf EPIC: Student Privacy http://epic.org/privacy/student/ ======================================================================== [7] EPIC in the News ======================================================================== "Report: NSA Broke Into Yahoo, Google Data Centers." ABC News, Oct. 30, 2013. http://abcnews.go.com/Technology/wireStory/report-nsa-broke-yahoo- google-data-centers-20728989 "After US spying, Brazil to require local data storage." Aljazeera America, Oct. 29, 2013. http://america.aljazeera.com/articles/2013/10/29/vote-on-brazil- internetlawcouldcomethisweek.html "NSA's Spy Rules Create Vast Number of U.S. Eavesdropping Targets." ABC News, Oct. 29, 2013. http://abcnews.go.com/US/nsas-spy-rules-create-vast-number-us- eavesdropping/story?id=20717417 "F.T.C. Documents Show Extent of Rage Over Facebook Complaints." Time, Oct. 29, 2013. http://business.time.com/2013/10/29/ftc-facebook-complaints/ #ixzz2jFkLsBrD "EPIC petitions US Supreme Court to review PRISM data collection." The Inquirer, Oct. 29, 2013. http://www.theinquirer.net/inquirer/news/2303729/epic-petitions-us- supreme-court-to-review-prism-data-collection "A Look Into Facebook's Potential To Recognize Anybody's Face." NPR's "Morning Edition," Oct. 28, 2013. http://www.npr.org/blogs/alltechconsidered/2013/10/28/228181778/ a-look-into-facebooks-potential-to-recognize-anybodys-face "America is losing its way in war against terrorism." Capitol Hill Blue, Oct. 27, 2013. http://www.capitolhillblue.com/node/49973 "'Stop Watching Us' sees a chance to reform the NSA." MSNBC, Oct. 26, 2013. http://www.msnbc.com/msnbc/stop-watching-us "Opting Out From the Corporate State of Surveillance. Op-Ed, The Huffington Post, Oct. 25, 2013. http://www.huffingtonpost.com/ralph-nader/opting-out-from-the- corporate-state-of-surveillance_b_4165282.html "On the NSA, the media may tilt right." Columbia Journalism Review, Oct. 25, 2013. http://www.cjr.org/the_kicker/news_media_pro_surveillance_bi.php? page=all "The FTC is set to investigate rules for the internet of things." GigaOm, Oct. 24, 2013. http://gigaom.com/2013/10/24/the-ftc-is-set-to-investigate-rules- for-the-internet-of-things/ "Podcast: Kerr, Rotenberg on NSA domestic surveillance." Constitution Daily, Oct. 24, 2013. http://blog.constitutioncenter.org/2013/10/audio-kerr-rotenberg-on- warrantless-surveillance/ "Student: Scrapped RFID 'Huge Weight off Shoulders'." CBN News, Oct. 24, 2013. http://www.cbn.com/cbnnews/us/2013/October/Student-Scrapped-RFID- Huge-Weight-off-Shoulders/ "The Solicitor General Responds to an EPIC Mandamus Effort." Lawfare, Oct. 23, 2013. http://www.lawfareblog.com/2013/10/the-solicitor-general-responds- to-an-epic-mandamus-effort/ "EPIC FOIA fails to get secret presidential cybersecurity order." McClatchyDC, Oct. 22, 2013. http://www.mcclatchydc.com/2013/10/22/206100/epic-foia-fails-to- get-secret.html EDITORIAL: "Reining in the snoops." The Washington Times, Oct. 20, 2013. http://www.washingtontimes.com/news/2013/oct/20/editorial-reining-in- the-snoops/ "Court reauthorizes surveillance program, citing congressional approval." The Hill, Oct. 18, 2013. http://thehill.com/blogs/hillicon-valley/technology/329391-court- reauthorizes-surveillance-program-citing-congressional-approval Video Trailer: "NSA Files: Decoded - coming soon to the Guardian." The Guardian, Oct. 18, 2013. http://www.theguardian.com/world/video/2013/oct/18/nsa-files- decoded-trailer-video "Google's $8.5M Privacy Pact Going To Inapt Orgs, Groups Say." Law360, Oct. 17, 2013. http://www.law360.com/classaction/articles/481100/google-s-8-5m- privacy-pact-going-to-inapt-orgs-groups-say "Attorneys' Fees Awarded in Body Scanner Fight." Courthouse News Service, Oct. 17, 2013. http://www.courthousenews.com/2013/10/17/62118.htm "Obama Administration fights quick Supreme Court review of NSA program." Politico, Oct. 16, 2013. http://www.politico.com/blogs/under-the-radar/2013/10/obama-fights- quick-supreme-court-review-of-nsa-program-175217.html "Snapchat explained in 60 seconds." BBC, Oct. 16, 2013. http://www.bbc.co.uk/news/technology-24556896 "Groups Press For Changes To Google Privacy Settlement." MediaPost, Oct. 16, 2013. http://www.mediapost.com/publications/article/211458/groups-press- for-changes-to-google-privacy-settlem.html#ixzz2hvaMJfw8 "As Mrs. Sandberg goes to Washington, privacy advocates criticize Facebook exec's secret FTC talks." SFGate, Oct. 15, 2013. http://blog.sfgate.com/techchron/2013/10/15/as-mrs-sandberg-goes- to-washington-privacy-advocates-criticize-facebook-execs-secret- ftc-talks/ For More EPIC in the News: http://epic.org/news/epic_in_news.html ======================================================================== [8] EPIC Bookstore ======================================================================== "Litigation Under the Federal Open Government Laws 2010," edited by Harry A. Hammitt, Marc Rotenberg, John A. Verdi, Ginger McCall, and Mark S. Zaid (EPIC 2010). Price: $75. http://epic.org/bookstore/foia2010/ Litigation Under the Federal Open Government Laws is the most comprehensive, authoritative discussion of the federal open access laws. This updated version includes new material regarding President Obama's 2009 memo on Open Government, Attorney General Holder's March 2009 memo on FOIA Guidance, and the new executive order on declassification. The standard reference work includes in-depth analysis of litigation under: the Freedom of Information Act, the Privacy Act, the Federal Advisory Committee Act, and the Government in the Sunshine Act. The fully updated 2010 volume is the 25th edition of the manual that lawyers, journalists and researchers have relied on for more than 25 years. ================================ "Information Privacy Law: Cases and Materials, Second Edition" Daniel J. Solove, Marc Rotenberg, and Paul Schwartz. (Aspen 2005). Price: $98. http://www.epic.org/redirect/aspen_ipl_casebook.html This clear, comprehensive introduction to the field of information privacy law allows instructors to enliven their teaching of fundamental concepts by addressing both enduring and emerging controversies. The Second Edition addresses numerous rapidly developing areas of privacy law, including: identity theft, government data mining and electronic surveillance law, the Foreign Intelligence Surveillance Act, intelligence sharing, RFID tags, GPS, spyware, web bugs, and more. Information Privacy Law, Second Edition, builds a cohesive foundation for an exciting course in this rapidly evolving area of law. ================================ "Privacy & Human Rights 2006: An International Survey of Privacy Laws and Developments" (EPIC 2007). Price: $75. http://www.epic.org/phr06/ This annual report by EPIC and Privacy International provides an overview of key privacy topics and reviews the state of privacy in over 75 countries around the world. The report outlines legal protections, new challenges, and important issues and events relating to privacy. Privacy & Human Rights 2006 is the most comprehensive report on privacy and data protection ever published. ================================ "The Public Voice WSIS Sourcebook: Perspectives on the World Summit on the Information Society" (EPIC 2004). Price: $40. http://www.epic.org/bookstore/pvsourcebook This resource promotes a dialogue on the issues, the outcomes, and the process of the World Summit on the Information Society (WSIS). This reference guide provides the official UN documents, regional and issue-oriented perspectives, and recommendations and proposals for future action, as well as a useful list of resources and contacts for individuals and organizations that wish to become more involved in the WSIS process. ================================ "The Privacy Law Sourcebook 2004: United States Law, International Law, and Recent Developments," Marc Rotenberg, editor (EPIC 2005). Price: $40. http://www.epic.org/bookstore/pls2004/ The Privacy Law Sourcebook, which has been called the "Physician's Desk Reference" of the privacy world, is the leading resource for students, attorneys, researchers, and journalists interested in pursuing privacy law in the United States and around the world. It includes the full texts of major privacy laws and directives such as the Fair Credit Reporting Act, the Privacy Act, and the OECD Privacy Guidelines, as well as an up-to-date section on recent developments. New materials include the APEC Privacy Framework, the Video Voyeurism Prevention Act, and the CAN-SPAM Act. ================================ "Filters and Freedom 2.0: Free Speech Perspectives on Internet Content Controls" (EPIC 2001). Price: $20. http://www.epic.org/bookstore/filters2.0 A collection of essays, studies, and critiques of Internet content filtering. These papers are instrumental in explaining why filtering threatens free expression. ================================ EPIC publications and other books on privacy, open government, free expression, and constitutional values can be ordered at: EPIC Bookstore: http://www.epic.org/bookstore ================================ EPIC also publishes EPIC FOIA Notes, which provides brief summaries of interesting documents obtained from government agencies under the Freedom of Information Act. Subscribe to EPIC FOIA Notes at: http://mailman.epic.org/mailman/listinfo/foia_notes ======================================================================= [9] Upcoming Conferences and Events ======================================================================= ABA Administrative Law Conference: "The Year in Government Information: NSA Surveillance, Bin Laden Photos, White House Logs and More." Speaker: Alan Butler, EPIC Appellate Advocacy Counsel. Washington, DC, 8 November 2013. For More Information: http://www.americanbar.org/content/dam/aba/events/administrative_law/ 2013/11/Administrative%20Law%20Fall%20Conference%202013/adlaw_13 fallconf_brochure.authcheckdam.pdf. American Civil Liberties Union of Rhode Island 2013 Annual Dinner Celebration. Keynote Speaker: EPIC Domestic Surveillance Counsel Amie Stepanovich. Providence, RI, 8 November 8, 2013. For More Information: http://www.riaclu.org/events/event/2013-annual-dinner-celebration. CATO Institute Presents "Mission Creep at the TSA and the Case for Privatization." Speaker: Khaliah Barnes,EPIC Administrative Law Counsel. Washington, DC, 14 November 2013. For More Information: http://www.cato.org/events/mission-creep-tsa-case-privatization. ======================================================================= Join EPIC on Facebook and Twitter ======================================================================= Join the Electronic Privacy Information Center on Facebook and Twitter: http://facebook.com/epicprivacy http://epic.org/facebook http://twitter.com/epicprivacy Join us on Twitter for #privchat, Tuesdays, 11:00am ET. Start a discussion on privacy. Let us know your thoughts. Stay up to date with EPIC's events. Support EPIC. ======================================================================= Privacy Policy ======================================================================= The EPIC Alert mailing list is used only to mail the EPIC Alert and to send notices about EPIC activities. We do not sell, rent or share our mailing list. We also intend to challenge any subpoena or other legal process seeking access to our mailing list. We do not enhance (link to other databases) our mailing list or require your actual name. In the event you wish to subscribe or unsubscribe your e-mail address from this list, please follow the above instructions under "subscription information." ======================================================================= About EPIC ======================================================================= The Electronic Privacy Information Center is a public interest research center in Washington, DC. It was established in 1994 to focus public attention on emerging privacy issues such as the Clipper Chip, the Digital Telephony proposal, national ID cards, medical record privacy, and the collection and sale of personal information. EPIC publishes the EPIC Alert, pursues Freedom of Information Act litigation, and conducts policy research. For more information, see http://www.epic.org or write EPIC, 1718 Connecticut Ave. NW, Suite 200, Washington, DC 20009. +1 202 483 1140 (tel), +1 202 483 1248 (fax). ======================================================================= Donate to EPIC ======================================================================= If you'd like to support the work of the Electronic Privacy Information Center, contributions are welcome and fully tax-deductible. Checks should be made out to "EPIC" and sent to 1718 Connecticut Ave. NW, Suite 200, Washington, DC 20009. Or you can contribute online at: http://www.epic.org/donate Your contributions will help support Freedom of Information Act and First Amendment litigation, strong and effective advocacy for the right of privacy and efforts to oppose government and private-sector infringement on constitutional values. Thank you for your support. ======================================================================= Subscription Information ======================================================================= Subscribe/unsubscribe via web interface: http://mailman.epic.org/mailman/listinfo/epic_news Back issues are available at: http://www.epic.org/alert The EPIC Alert displays best in a fixed-width font, such as Courier. ------------------------- END EPIC Alert 20.21------------------------

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