EPIC Alert 22.14

======================================================================= E P I C A l e r t ======================================================================= Volume 22.14 July 31, 2015 ----------------------------------------------------------------------- Published by the Electronic Privacy Information Center (EPIC) Washington, DC http://www.epic.org/alert/epic_alert_22.14.html "Defend Privacy. Support EPIC." http://epic.org/support ======================================================================= Table of Contents ======================================================================= [1] Intelligence Director Says NSA Access to Bulk Phone Data Will End [2] Google Leak: Private Individuals Make 95% of 'RTBF' Requests [3] Justice Department Releases 2015 FOIA Reports [4] Top EU Official Calls Privacy Reform 'Europe's Big Opportunity' [5] Open Government Groups Oppose Proposed FOIA Exemptions [6] News in Brief [7] EPIC in the News [8] EPIC Book Review: 'After Snowden' [9] Upcoming Conferences and Events ======================================================================= [1] Intelligence Director Says NSA Access to Bulk Phone Data Will End ======================================================================= Director of National Intelligence James Clapper has announced that the NSA's analysis of US telephone records previously gathered under "Section 215" of the Patriot Act will end when the USA FREEDOM Act goes into effect on November 29, 2015. Technical personnel will continue to have access for an additional three months to "verify the records produced under the new targeted production by the USA FREEDOM Act." The NSA has stated the agency will destroy the Section 215 data once civil litigation regarding the program has ended. The USA FREEDOM Act was passed in early June 2015, but the the US Surveillance Court ruled shortly thereafter that the NSA could continue collecting records during a 180-day transition period. The Surveillance Court's ruling ignores the Second Circuit Court of Appeals' previous decision, which held that the NSA bulk collection program is unlawful. The appeals court rejected the government's argument that it could collect all records under the Section 215 "relevance" standard, and held that "such an expansive concept of 'relevance' is unprecedented and unwarranted." In 2012, EPIC testified before the House Judiciary Committee on the need to reform the Surveillance Court. EPIC called for improved oversight and transparency mechanisms, noting that the current annual FISA reports provided "no information about costs, purposes, effectiveness, or even the number of non-incriminating communications of US persons that are collected by the government." In 2013, EPIC filed a petition in the US Supreme Court, In re EPIC, arguing that the NSA program was unlawful. "It is simply not possible that every phone record in the possession of a telecommunications firm could be relevant to an authorized investigation," EPIC wrote. In 2014, EPIC and a broad coalition of civil society and advocacy groups urged the President to end the NSA surveillance program. "The NSA's Bulk Metadata program is simply not effective," the letter stated. Reports from both the Privacy and Civil Liberties Oversight Board and the President's Review Group drew the same conclusions. ODNI: Statement re: NSA's Access to Bulk Phone Data (July 27, 2015) https://epic.org/redirect/073115-odni-215-statement.html EPIC: FISC Order to Resume Bulk Collection (Jun. 29, 2015) https://epic.org/redirect/071515-fisc-bulk-order.html US Congress: USA Freedom Act of 2015 (Jun. 2, 2015) https://www.congress.gov/114/plaws/publ23/PLAW-114publ23.pdf Second Circuit: Decision Ruling Bulk Collection Unlawful (May 7, 2015) https://epic.org/amicus/fisa/215/aclu/Opinion-2nd-Cir.pdf EPIC: Statement before House on FISA Amendments (May 31, 2012) http://epic.org/redirect/061912-epic-fisa-amdt-statement.html EPIC et al.: Letter to President to End 215 Program (Jun. 17, 2014) http://epic.org/privacy/Coalition-Ltr-to-End-NSA-Bulk-Collection.pdf PCLOB: Report on Sec. 215 (Jan. 23, 2014) http://epic.org/redirect/012814-pclob-metadata-report.html President's Review Group: Report on Bulk Collection (Dec. 12, 2013) http://epic.org/redirect/122013-WH-NSA-report.html EPIC: In re EPIC - NSA Telephone Records Surveillance https://epic.org/privacy/nsa/in-re-epic/ ======================================================================= [2] Google Leak: Private Individuals Make 95% of 'RTBF' Requests ======================================================================= Nearly all of the "right to be forgotten" requests made to Google through March 2015 were made by members of the public seeking to remove links to private information. In Google v. Spain, the 2014 case that brought "delinking" into the international dialogue, the European Court of Justice ruled that EU citizens have a right to request that commercial search firms such as Google that gather personal information for profit should remove links to private information when asked, provided the information is no longer relevant. The Court found that the fundamental right to privacy is greater than the economic interest of the commercial firm and even, in some circumstances, the public interest in access to Information. The new data, accidentally embedded in the source code of Google's transparency report, reveals that just 5% of the nearly 220,000 delinking requests concerned criminals, politicians or public officials. The data show that just under half of the delinking requests were granted at all. Of those, the vast majority (99,569) involve "private or personal information." In France, Germany, the Netherlands, Austria, Portugal and Cyprus, 98% of requests concern "private information." This revelation undercuts both Google's claims and some sensationalized media stories suggesting that the so-called "right to be forgotten" constituted "censorship." Several news stories circulated plainly inaccurate information, for example implying that Google was taking down web pages or making web pages impossible to find. Mostly, the news stories insisted that the public was entitled to a complete account of all public information, including expunged criminal records and subjects of "revenge porn" websites. EPIC has defended the right to delink and argued that the right should be recognized in the US. EPIC: Right to Be Forgotten https://epic.org/privacy/right-to-be-forgotten/ The Guardian: "Google accidentally reveals data on 'right to be forgotten' requests" (Jul. 14, 2015) http://www.theguardian.com/technology/2015/jul/14/google- accidentally-reveals-right-to-be-forgotten-requests The Guardian: "Why the BBC is wrong to republish 'right to be forgotten' links" (Jul. 1, 2015) http://www.theguardian.com/technology/2015/jul/01/bbc-wrong-right- to-be-forgotten US News & World Report: "Google's position makes no sense: Opposing view," by EPIC President Marc Rotenberg (Jan. 22, 2015) http://www.usnews.com/debate-club/should-there-be-a-right-to-be- forgotten-on-the-internet/the-right-to-privacy-is-global EU: Google v. Spain (May 13, 2014) http://curia.europa.eu/juris/document/document.jsf?text=&docid= 152065&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid= 305802 ======================================================================= [3] Justice Department Releases 2015 FOIA Reports ======================================================================= The US Department of Justice has released the 2015 assessment of federal agencies' Freedom of Information Act compliance reports. The DOJ compiles annual agency reports and grades agencies' performance in complying with the FOIA. The DOJ's annual FOIA assessment grades an agency's progress in five areas: (1) applying the presumption of openness; (2) use of effective and responsive systems; (3) proactive disclosures; (4) utilizing technology; and (5) reducing backlogs and improving response times. The 2015 assessment shows that agencies were the most effective in Area I and least effective in Area V, in which few agencies received a high grade. The assessment is guided by two Obama Administration documents: the President's 2009 memo on the FOIA and former Attorney General Eric Holder's FOIA guidelines. On his first full day in office, President Obama directed federal agencies to adopt a presumption in favor of disclosure. The FOIA, wrote the President, "is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike." To that end, the President instructed the AG to issue new FOIA guidelines. These guidelines, which expand on President Obama's memo, serve as the other guiding document for the DOJ's annual assessment. In 2014, EPIC and other open government groups called on the White House to strengthen the FOIA. The groups urged the President to commit to a "presumption of openness" and to endorse the "foreseeable harm" standard mandated by the Attorney General. The groups also urged the President to support narrowing the "communication privilege" and end withholding documents more than 25 years old. DOJ OIP: Press Release on 2015 FOIA Report (Jul. 24, 2015) https://epic.org/redirect/073115-foia-press-release.html DOJ: 2015 Annual Agency FOIA Assessment (Jul. 2015) https://epic.org/redirect/073115-oip-foia-assessment.html DOJ: President Obama's 2009 FOIA Memorandum (Jan. 21, 2009) https://epic.org/redirect/073115-obama-2009-foia-memo.html DOJ: Attorney General Holder's 2009 FOIA Guidelines (Mar. 19, 2009) https://epic.org/redirect/073115-holder-2009-foia-guidelines.html EPIC: Recommendations for FOIA Reform http://foia.rocks/recommendations.html EPIC: FOIA Cases https://epic.org/foia/ EPIC: Open Government https://www.epic.org/open_gov/ EPIC: FOIA.ROCKS http://foia.rocks/ ======================================================================= [4] Top EU Official Calls Privacy Reform 'Europe's Big Opportunity' ======================================================================= European Data Protection Supervisor Giovanni Buttarelli has announced "Recommendations on the EU's Options for Data Protection Reform." The Opinion sets out an assessment and recommendation for the new European Union privacy law. The European Commission, European Parliament and the Council of the EU are currently negotiating revisions to the General Data Protection Regulation. Among his recommendations, Buttarelli advised a clear definition of personal information to include "pseudonymised" information, in which some real data is replaced by artificial data or erased entirely. The Opinion also recommends algorithmic transparency, which EPIC has championed. A coalition of EU and US NGOs, including EPIC, has urged the adoption of strong data privacy safeguards. In an April 2015 letter to the President of the European Commission, the NGO coalition stressed that Europe's data protection framework is "crucial as an international gold standard for data protection and privacy on a global level." The coalition urged that, at a minimum, the levels of data protection in the 1995 Data Protection Directive must be maintained. In response, the President of the European Commission stated recently that "proposed data protection rules will not drop below the level" of current law. EDPS: "Europe's Big Opportunity" (Jul. 27, 2015) https://epic.org/redirect/073115-europes-big-opportunity.html EPIC: EU Data Protection Directive https://epic.org/privacy/intl/eu_data_protection_directive.html EDPS: Press Release on Data Protection Reform (Jul. 27, 2015) https://epic.org/redirect/073115-eu-opportunity-release.html EPIC et al.: Letter to President of EU Commmission (Apr. 21, 2015) https://edri.org/files/DP_letter_Juncker_20150421.pdf EPIC: Response from President of the EU Commission (Jul. 17, 2015) https://epic.org/privacy/intl/dataprotectoin_response_EC.pdf EPIC: EU Data Protection Directive https://epic.org/privacy/intl/eu_data_protection_directive.html EU: 1995 General Data Directive https://epic.org/redirect/073115-eu-1995-dp.html EPIC: Algorithmic Transparency https://epic.org/algorithmic-transparency/ ======================================================================= [5] Open Government Groups Oppose Proposed FOIA Exemptions ======================================================================= Several open government groups, including EPIC, have urged Senate leaders Mitch McConnell (R-KY) and Harry Reid (D-NV) to remove proposed four "b(3)" Freedom of Information Act exemptions from a pending transportation bill. Section b(3) of the FOIA exempts agency records from open-government requests pursuant to a statutory mandate to do so. The proposed exemptions would exclude public access to information about safety audits, trucking company safety scores, accident footage and records related to hazardous train service. The groups called the proposed exemptions "unnecessary, overbroad, and unwise." The coalition further explained that other FOIA exemptions already largely cover these types of records, and that adding new b(3) exemptions for records relating to transportation safety is against the public interest. "While the specifics of safety risks - such as vulnerabilities in rail systems - and the steps that should be taken to mitigate these risks might merit temporary protection, there is no justifiable reason to keep such information secret permanently," the groups wrote. "Risks to public safety is exactly the type of information that FOIA is intended to prevent being shielded from the public. Information about what the government knew and what it did about these risks is essential to accountability." The groups opposed the exemptions and also explained that such proposals should be reviewed by the Senate Judiciary Committee, which is responsible for FOIA oversight. EPIC previously set out recommendations for FOIA reform, which included recommendations to reduce excessive secrecy around agency records. EPIC et al.: Letter to Senate Leaders re: FOIA (Jul. 25, 2015) https://epic.org/foia/Transp-Bill-Letter.pdf US Senate: Proposed Amendments to Transportation Bill (Jul. 21, 2015) https://epic.org/redirect/073115-senate-transport.html EPIC: Civil Society FOIA Reform Recommendations (Jun. 9, 2015) https://epic.org/open_gov/Model-Action-Plan-NAP-Final-20150609.pdf EPIC: FOIA Cases https://epic.org/foia/ EPIC: Open Government https://epic.org/open_gov/ ======================================================================= [6] News in Brief ======================================================================= California Supreme Court to Review License Plate Records Case The California Supreme Court has granted review of a lower court decision preventing public release of information about "automated license plate readers." The lower court held that the information about the system to gather license plate data on all motorists was an "investigative record." EPIC urged the California Supreme Court to review the matter, stating, "[A]s the government's ability to collect information about individuals has expanded, open record laws have become an important tool for government oversight." Documents obtained by EPIC about the FBI's use of license plate readers revealed the agency failed to address the system's privacy implications. CA Supreme Court: Statement Granting Review (Jul. 29, 2015) https://epic.org/redirect/073115-ca-court-plates.html CA Appellate Court: Decision in ACLU v. City of LA (May 6, 2015) http://www.courts.ca.gov/opinions/documents/B259392.PDF EPIC: License Plate Recognition Systems https://epic.org/privacy/licenseplates/ EPIC: "Friend of the Court" Brief in ACLU v. LA (Jun. 25, 2015) https://epic.org/redirect/073115-amicus-aclu-la.html EPIC: EPIC FOIA: Automated License Plate Readers (FBI) https://epic.org/foia/fbi/lpr/default.html#documents EPIC: Blog Post on Automated License Plate Readers (Jan. 28, 2014) https://epic.org/redirect/073115-epic-blog-license-readers.html Federal Appeals Court Recognizes 'Substantial Risk of Future Harm' In a landmark opinion, the Seventh Circuit Court of Appeals has ruled that a class-action lawsuit against the Neiman Marcus Group may continue because of the ongoing risk to customers whose personal information was compromised in a data breach. The case stems from a breach of the Neiman Marcus customer database that led to the release of 350,000 credit cards and exposed more than 9,200 customers to fraud. A lower court ruled in 2014 that since the identified fraud victims had been reimbursed, Neiman Marcus was off the hook for future claims. However, the Seventh Circuit ruled that the plaintiffs - customers not yet aware of fraud - faced a "substantial risk of future harm," and that risk was great enough to allow the class action to continue. According to the Federal Trade Commission, identity theft remains the top complaint of American consumers. Seventh Circuit Court: Decision in Neiman Marcus Case (Jul. 20, 2015) https://epic.org/redirect/073115-7th-circuit-marcus.html Neiman Marcus Group: Letter re: Data Breach (Jun. 15, 2014) http://www.neimanmarcus.com/category/cat49570732/main.html US District Court of IL: Decision in Neiman Marcus Case (Sep. 16, 2014) https://epic.org/redirect/073115-il-court-neiman.html FTC: Press Release on ID Theft and Consumer Complaints (Feb. 27, 2015) https://epic.org/redirect/073115-ftc-consumer-complaints.html EPIC: Identity Theft https://epic.org/privacy/idtheft/ New OECD Report: Increased Privacy Concerns, Lagging National Policies The OECD Digital Economy Outlook 2015 explores recent developments in the digital economy. The OECD report finds that "64% of respondents are more concerned about privacy than they were a year ago" even as few countries include online privacy in national digital strategies. The OECD also warns that the "Internet of Things" will lead to the rise of autonomous machines. Civil society groups are planning to report to the OECD at the 2016 Ministerial Meeting on the Digital Economy. OECD: Digital Economy Outlook 2015 (Jul. 15, 2015) https://epic.org/redirect/073115-oecd-digital-economy.html EPIC: Internet of Things https://epic.org/privacy/internet/iot/ Civil Society Internet Society Advisory Council http://csisac.org/ OECD: 2016 Ministerial Meeting on the Digital Economy http://www.oecd.org/sti/dep-ministerial-2016.htm Markey, Blumenthal Introduce Bill to Protect Drivers from Remote Hacking US Senators Edward Markey (D-MA) and Richard Blumenthal (D-CT) have introduced the "Security and Privacy in Your Car Act of 2015." The SPY Car Act would establish cybersecurity and privacy requirements for new passenger vehicles, and inform consumers about the risks of remote hacking. The SPY Car Act follows a report from Senator Markey, which detailed "major gaps in how auto companies are securing connected features in cars against hackers." The bill also would prohibit manufacturers from using consumer driver data for marketing purposes without consumer consent. EPIC has urged the Transportation Department to protect driver privacy; written extensively on interconnected devices, including cars, known as the "Internet of Things"; and has stated that "cars should not spy on drivers." Sen. Ed Markey (D-MA): Text of SPY Car Act (Jul. 2015) https://epic.org/redirect/073115-spy-car.html EPIC et al.: Comments to NHTSA on Event Data Recorders (Feb. 11, 2013) https://epic.org/privacy/edrs/EPIC-Coal-NHTSA-EDR-Cmts.pdf EPIC: Comments to NHTSA on "Connected Cars" (Oct. 20, 2014) https://epic.org/privacy/edrs/EPIC-NHTSA-V2V-Cmts.pdf EPIC: Comments to FTC on the "Internet of Things" (Jun. 1, 2013) https://epic.org/privacy/ftc/EPIC-FTC-IoT-Cmts.pdf Costco Connection: "Are Vehicle Black Boxes a Good Idea?" by EPIC President Marc Rotenberg (Apr. 2013) http://www.costcoconnection.com/connection/201304?pg=24 USA Today: "Another view: Steer clear of cars that spy," by EPIC President Marc Rotenberg (Aug. 18, 2011) http://usatoday30.usatoday.com/news/opinion/editorials/2011-08-18- car-insurance-monitors-driving-snapshot_n.htm FTC Sues LifeLock For Violating Consent Agreement The Federal Trade Commission has filed suit in federal district court against the identity theft-protection company LifeLock for violating a 2010 consent order. The FTC previously charged LifeLock with using false claims to promote services and prohibited the company from making false claims in the future. Now, the Commission has charged LifeLock with failing to safeguard consumer data and continuing to falsely advertise to consumers, in violation of the 2010 order. EPIC has repeatedly urged the FTC to enforce consent orders and to make the agency's review process transparent to the public. In 2012 EPIC sued the FTC for failure to enforce a consent order against Google after the company changed its privacy practices. FTC: Press Release on Suit Against LifeLock (Jul. 21, 2015) https://epic.org/redirect/073115-lifelock-release.html FTC: Text of Suit Against LifeLock (Jul. 21, 2015) https://epic.org/redirect/073115-ftc-lifelock-text.html FTC: Consent Order Against LifeLock (Feb. 23, 2010 https://epic.org/redirect/073115-lifelock-consent-order.html EPIC: Letter to FTC re: Google Consent Order (Feb. 17, 2012) https://epic.org/redirect/073115-epic-ftc-lifelock.html EPIC: Comments to FTC on Mergers and Acquisitions (Mar. 17, 2015) https://epic.org/privacy/internet/ftc/Merger-Remedy-3-17.pdf EPIC: EPIC v. FTC (Enforcement of the Google Consent Order) https://epic.org/privacy/ftc/google/consent-order.html Report Outlines Security Challenges for Online Voting A new report from the US Vote Foundation concludes that no existing Internet voting systems provide adequate security for public elections. The report recommends "end-to-end verifiable voting," which allows voters to confirm that their votes were recorded. The system also would verify that votes are correctly tabulated. EPIC has obtained FOIA documents from the Department of Defense regarding the functionality and reliability of e-voting. US Vote Foundation: Report on "The Future of Voting" (Jul. 2015) https://www.usvotefoundation.org/e2e-viv/summary US Vote Foundation https://www.usvotefoundation.org/ EPIC: EPIC v. DOD (E-voting Security Tests) https://epic.org/foia/dod/e-voting/ EPIC: Voting Privacy https://epic.org/privacy/voting/ Privacy Journal Publishes Updated Privacy Law Compilation Longtime privacy watchdog publication Privacy Journal has released the 2015 Supplement to Privacy Journal's 2013 "Compilation of State and Federal Privacy Laws." The supplement adds 20 more laws enacted by states in the past 12 months. The book cites and describes more than 600 state and federal laws affecting the confidentiality of personal information and electronic surveillance. Laws are listed by state and grouped into categories including Medical, Credit, Financial, Security Breaches, Tracking Technologies, Employment, Government, School Records, Social Security Numbers, Marketing and Telephone Privacy. Canadian laws are also included. The original 2013 book and current 2015 supplement in hard copy are available directly from Privacy Journal for $35 plus $4 shipping, or as PDF attachments for $26.50. It is also available on amazon.com. Privacy Journal accepts PayPal payments and credit card orders to orders@privacyjournal.net (send the card expiration date in a separate message), and orders by postal mail, phone, or fax. Privacy Journal: "Compilation of State and Federal Privacy Laws" https://epic.org/redirect/073115-privacy-journal-2015-book.html Privacy Journal: Email Address for Book Orders orders@privacyjournal.net Amazon.com: "Compilation of State and Federal Privacy Laws" https://epic.org//redirect/073115-privacy-journal-2015-amazon.html Privacy Journal http://www.privacyjournal.net ======================================================================= [7] EPIC in the News ======================================================================= "Campaigns Using Social Media to Track Voters." KTRH News Radio Houston, July 30, 2015. http://www.ktrh.com/articles/houston-news-121300/campaigns-using- social-media-to-track-13809039/ "Facebook Expands in Politics, and Campaigns Find Much to Like." The New York Times, July 29, 2015. http://www.nytimes.com/2015/07/30/us/politics/facebook-expands-in- politics-and-campaigns-find-much-to-like.html "Will the Internet Listen to Your Private Conversations?" AP, July 29, 2015. http://abcnews.go.com/Technology/wireStory/internet-listen- private-conversations-32757470 "Surveillance Society: Pittsburgh seeking to implement surveillance camera privacy policy." Pittsburgh Post Gazette, July 27, 2015. http://www.post-gazette.com/news/surveillance-society/2015/07/27/ Surveillance-Society-City-seeking-to-implement-surveillance-camera- privacy-policy/stories/201507270020 "New State Police policy keeps drivers' names secret in Milton, Quincy fatals." The Patriot Ledger [MA], July 26, 2015. http://www.patriotledger.com/article/20150726/NEWS/307279987/ 0/SEARCH "An Iowa School District Is Putting Body Cameras on Principals. Its Reasons Are Completely Wrong." Slate, July 23, 2015. http://www.slate.com/blogs/schooled/2015/07/23/body_cameras_for_ principals_in_burlington_iowa_schools_why_a_police_accountability .html "Keeping the ballot secure." The Washington Times, July 22, 2015. http://www.washingtontimes.com/news/2015/jul/22/editorial-internet- balloting-too-risky/ "Google Maps Timeline Shows You Where You've Been." CIO Today, July 22, 2015. http://www.cio-today.com/article/index.php?story_id=112003LUA8XS "Beware of Butt Dialing, Court Rules." US News & World Report, July 22, 2015. http://www.usnews.com/news/articles/2015/07/22/beware-of-butt- dialing-court-rules "Hackers remotely kill a Jeep on the highway." WND, July 21, 2015. http://www.wnd.com/2015/07/hackers-remotely-kill-a-jeep-on-the- highway/#OLRDXxs2IswDoq1Q.99 "The New Generation of 'Genuinely Creepy' Electronic Devices." The Fiscal Times, July 16, 2015. http://www.thefiscaltimes.com/2015/07/16/New-Generation-Genuinely- Creepy-Electronic-Devices "States Crack Down on Driver's License Fraud." Government Technology, July 15, 2015. http://www.govtech.com/state/States-Crack-Down-on-Drivers-License- Fraud.html "Lawsuit: TSA needs formal regulations for full-body scanners." USA Today, July 15, 2015. http://www.usatoday.com/story/news/2015/07/15/tsa-lawsuit-full- body-scanners-cei-transgender-equality-rutherford/30193799/ "Tech firms improve location tracking so ad companies can show you more ads." India Today, July 15, 2015. http://indiatoday.intoday.in/technology/story/tech-firms-track- you-down-and-ad-companies-zero-in-on-sale/1/451467.html For More EPIC in the News: http://epic.org/news/epic_in_news.html ======================================================================= [8] EPIC Book Review: 'After Snowden' ======================================================================= "After Snowden: Privacy, Secrecy, and Security in the Information Age," Edited by Ronald Goldfarb. http://amzn.to/1Ic5dIv "After Snowden" is a collection of essays exploring Edward Snowden's revelation of the National Security Agency's intelligence-gathering operations. Unlike other forays into this realm, which largely dwell on the NSA's activities, this volume is much more concerned with the process by which the NSA documents were classified, released by Snowden and published in the process. It also delves into the nature of government-based secrecy itself: Who should decide what is made and kept secret? Who should be responsible for determining that those secrets are detrimental and how should revealed secrets be disseminated? Aimed at the knowledgeable reader, "After Snowden" explores how secrecy and classification impact whistleblowing, the press and the judicial system. Hodding Carter III's Chapter "The Press," written from the perspective of a government official who has also worked as a journalist, uses Snowden as a backdrop for dissecting the power dynamics between the press and recent Administrations. David Cole's "What Should We Do about the Leakers?" provides readers with an unusually condensed eight-item list of what we have learned from Snowden's disclosures. Jon L. Mills' "The Future of Privacy in the Surveillance Age" includes a chart exploring each NSA program, the technological process used to deploy it, the program's ramifications on privacy and the legal justifications used to continue it. Barry Siegel's "Judging State Secrets: Who Decides - And How?" barely mentions Snowden at all, instead covering the history of national security cases since the Cold War. Ronald Goldfarb's Introduction and Epilogue are remarkably even-handed and thoughtful. But he, like all his contributors, has thought hard about "l'affaire Snowden," and, like them, has drawn the same conclusion: Snowden was more right than wrong. In fact, each writer, working through different professional prisms (journalism, historicism, privacy advocacy, the law) returns to the same themes again and again: The press is cowardly. The Executive Branch holds too much power in security matters. The classification system itself is bloated, and so is the US security apparatus. We live in an age of "asymmetrical disclosure" equivalent to the "asymmetrical warfare" so feared by the US intelligence community that it has, in Hodding Carter's words, "conceived, created, an operated a secret high-tech vacuum cleaner to suck the meaning out of the Fourth Amendment." -- EC Rosenberg =================================== EPIC Bookstore =================================== "Privacy in the Modern Age: The Search for Solutions," edited by Marc Rotenberg, Julia Horwitz and Jeramie Scott. The New Press (May 2015). Price: $25.95. http://epic.org/buy-privacy-modern-age The threats to privacy are well known: The National Security Agency tracks our phone calls; Google records where we go online and how we set our thermostats; Facebook changes our privacy settings when it wishes; Target gets hacked and loses control of our credit card information; our medical records are available for sale to strangers; our children are fingerprinted and their every test score saved for posterity; and small robots patrol our schoolyards while drones may soon fill our skies. The contributors to this anthology don't simply describe these problems or warn about the loss of privacythey propose solutions. They look closely at business practices, public policy, and technology design and ask, "Should this continue? Is there a better approach?" They take seriously the dictum of Thomas Edison: "What one creates with his hand, he should control with his head." It's a new approach to the privacy debate, one that assumes privacy is worth protecting, that there are solutions to be found, and that the future is not yet known. This volume will be an essential reference for policy makers and researchers, journalists and scholars, and others looking for answers to one of the biggest challenges of our modern day. The premise is clear: There's a problem let's find a solution. Contributors include: Steven Aftergood, Ross Anderson, Christine L. Borgman (coauthored with Kent Wada and James F. Davis), Ryan Calo, Danielle Citron, Simon Davies, A. Michael Froomkin, Deborah Hurley, Kristina Irion, Jeff Jonas, Harry Lewis, Anna Lysyanskaya, Gary T. Marx, Aleecia M. McDonald, Dr. Pablo G. Molina, Peter G. Neumann, Helen Nissenbaum, Frank Pasquale, Dr. Deborah Peel, MD, Stephanie E. Perrin, Marc Rotenberg, Pamela Samuelson, Bruce Schneier, and Christopher Wolf. ===================================== "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 ======================================================================= The Aspen Institute Presents "Aspen Institute 2015 Conference on Communications Policy." Speaker: EPIC Associate Director Khaliah Barnes. Aspen, CO: Aug 12-15, 2015. For More Information: https://classic.regonline.com/register/checkin.aspx?eventid=1700758. ======================================================================= 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 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 (EPIC) is a non-profit, independent public interest research center in Washington, DC. EPIC was established in 1994 to focus public attention on emerging privacy issues. Today EPIC maintains one of the top privacy websites in the world. EPIC publishes the EPIC Alert, pursues Freedom of Information Act litigation, files amicus briefs on emerging privacy and civil liberties issues, and conducts policy research. For more information, visit http://www.epic.org. ======================================================================= Support EPIC ======================================================================= If you'd like to support the work of the Electronic Privacy Information Center, contributions are welcome and 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/support Your contributions help support Freedom of Information Act litigation, strong and effective advocacy for the right of privacy, and continued public education. 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 22.14-------------------------

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