The Supreme Court today sent Frank v. Gaos back to the lower courts because the Court could not decide if the proposed settlement in a privacy case was "fair, reasonable, and adequate" or if the case was properly before the Court. The case involves Google's disclosure of search histories to third parties without consent, a business practice that could violate several privacy laws. Under the terms of the settlement, there was no benefit to Internet users and Google was not prohibited from continuing the allegedly unlawful practice. In an amicus brief, EPIC stated, "the proposed settlement is bad for consumers and does nothing to change Google's business practices." EPIC and several organization objected to the original settlement on three separate occasions. EPIC routinely opposes settlements that fail to provide an actual benefit to Internet users. In this case, the Justices ordered the parties to address whether the Spokeo v. Robbins decision permits consumer privacy to go forward. EPIC filed a brief in Spokeo in support of consumers, and has filed similar briefs siding with consumers in several other cases.
EPIC joined civil liberties organizations this week in a statement to the House Judiciary Committee, calling for a permanent end to the NSA's phone record collection program. The groups asked that Congress to "hold hearings and make public information critical to permit an informed debate over the reauthorization of Section 215 and other provisions of the Patriot Act, which are set to expire December 15, 2019." The National Security Agency has reportedly ended the collection of Americans' phone records. The USA Freedom Act limited the NSA's bulk collection program. The NSA also acknowledged compliance problems and opposition to renewal is growing. In 2013, EPIC filed a petition with the Supreme Court, challenging the lawfulness of the NSA program. EPIC previously called for an end to the phone record collection program.
In a New York Times op-ed, Congressman David Cicilline (D-RI), Chairman of the House Judiciary Committee's Subcommittee on Antitrust, has asked the FTC to investigate Facebook for violating antitrust laws. Citing EPIC's work, Chairman Cicilline said "For years, privacy advocates have alerted the commission that Facebook was likely violating its commitments under the agreement. Not only did the commission fail to enforce its order, but by failing to block Facebook's acquisition of WhatsApp and Instagram, it enabled Facebook to extend its dominance." Rep. Cicilline made clear that data merger deals implicate competition law, which EPIC has long argued. Earlier this year, EPIC joined a coalition of groups urging the FTC to unwind the Facebook-WhatsApp merger, citing promises the companies made at time of the merger. EPIC has launched the #EnforceTheOrder campaign to urge action on the consent order.
