EPIC has filed a lawsuit under the Administrative Procedure Act against the Department of Education. EPIC's lawsuit argues that the agency's December 2011 regulations amending the Family Educational Rights and Privacy Act exceed the agency's statutory authority, and are contrary to law. In 2011, the Education Department requested public comments regarding the proposed changes. In response, EPIC submitted extensive comments, addressing the student privacy risks and the agency's lack of legal authority to make changes to the privacy law without explicit Congressional intent. The agency issued the revised regulations despite the fact that "numerous commenters . . . believe the Department lacks the statutory authority to promulgate the proposed regulations." EPIC is joined in the lawsuit by co-plaintiffs Grayson Barber, Pablo Molina, Peter G. Neumman, and Dr. Deborah Peel. The case is EPIC v. US Department of Education, No. 12-00327. For more information, see EPIC: Student Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler