A proposed settlement with Google concerning the Street View program will provide no actual benefit to class members. With Street View, Google not only captured digital images of streets but also intercepted private wifi communications, including passwords. Beginning in 2007, EPIC and other consumer groups spent several years urging federal and state regulators to act. In 2013, 38 State Attorneys General settled claims against Google. In that settlement, Google agreed to end the collection of network data and launch a public service campaign to help users install secure wireless networks. Six years later, lawyers have just put before a federal judge a settlement that proposes that the company again end the program and launch a public service campaign. Chief Justice Robert has raised "fundamental concerns" about settlements that provide no benefits to class members and no change in business practices. In a cy press case earlier this year, Justice Thomas opposed the Gaos settlement, which also involved Google, explaining "because the class members here received no settlement fund, no meaningful injunctive relief, and no other benefit whatsoever in exchange for the settlement of their claims." EPIC seeks to promote class action fairness and has proposed objective criteria that courts should consider to protect the interests of Internet users in class action settlements.
The CFPB, the FTC, and 48 State AGS today announced a settlement with Equifax arising from the 2017 data breach that compromised personal data of 143 million Americans. The company, which offers authentication services, failed to safeguard the names, addresses, dates of birth and SSNs of 147 million Americans, and then failed to act once aware of the breach. EPIC President Marc Rotenberg testified before the House in 2018 and the Senate in 2017 about the Equifax breach. Rotenberg warned lawmakers and regulators that "the Equifax data breach is one of the most serious in the nation's history." EPIC urged lawmakers to update federal privacy laws and also ensure that the CFPB pursues an effective investigation. In the Harvard Business Review, Rotenberg explained the significance of the breach. "Reforms should not just fix these problems but also aim to transform the industry for the better," he wrote. Under the terms of the settlement, Equifax will pay up to 425 million to consumers impacted by the breach as well as a 100 million civil fine. EPIC has recently renewed calls for the creation of a US Data Protection Agency.
EPIC has filed its closing brief in EPIC v. Department of Justice, EPIC's case for the release of the complete and unredacted Mueller Report. EPIC warned the Court that “details about ongoing vulnerabilities in the US election system remain hidden from public view. The roles of well-known public officials and public figures in an effort by a foreign government to change the outcome of a US Presidential election are still kept behind a shroud of secrecy.” Judge Reggie B. Walton previously said EPIC's case should move "as expeditiously as humanly possible" and ordered the parties to brief the case on an accelerated schedule. A hearing on EPIC's motion is set for August 5. The case is EPIC v. Department of Justice, No. 19-810 (D.D.C.). Copies of the Mueller report obtained by EPIC, related materials, and background on the case are available for purchase at the EPIC Bookstore. EPIC will host a panel discussion on the Mueller Report at Busboys and Poets in Washington, D.C. on Tuesday, July 23.
