Analysis

  • TikTok is Not the Only Problem

    TikTok is just one app in a vast commercial surveillance ecosystem that has been allowed to grow unencumbered over the past two decades due to the lack of a U.S. privacy law. Even if the U.S. bans TikTok, millions of apps would continue to collect the most intimate details about us and profit off of them. The endless web of data brokers who buy and sell data would continue to exist, and foreign adversaries such as China could still obtain Americans’ personal data by simply purchasing it from data brokers on the open market. This is a data privacy crisis with serious national security implications and it is past time for Congress to act.

    • Consumer Privacy

    • Privacy Laws

    • Proposed U.S. Legislation

    • Social Media Privacy

    • Analysis

  • Framing the Risk Management Framework: Actionable Instructions by NIST in their “Govern” Section

    If you’ve had trouble following the different laws and frameworks proposed as ways to regulate A.I. systems, you’re not alone. From the White House’s Blueprint for an A.I. Bill of Rights and the National Institute of Standards and Technology’s (NIST’s) A.I. Risk Management Framework to the OECD’s Principles on Artificial Intelligence and state laws like New York’s Local Law 144, the last few years have seen numerous attempts to solidify a framework for regulating A.I. systems

    • Analysis

  • What the FCC’s Safe Connections Rule Must Get Right to Support Survivors of Domestic Violence

    The FCC's Safe Connections Rule must prioritize maximizing survivor self-determination, maximizing program utilization, and protecting privacy through data minimization.

    • Communications Privacy

    • Consumer Privacy

    • Analysis

  • Celebrating Sunshine Week with Some EPIC Open Government Wins

    On Freedom of Information Day, which coincides with Sunshine Week and James Madison's birthday, EPIC is highlighting some open government wins from the past year.

    • Access to Information

    • Democracy & Free Speech

    • Freedom of Information Act

    • Open Government

    • Analysis

  • Reforming 702: Ensure Meaningful Avenues for Judicial Redress

    Throughout the history of Section 702, there has been a severe lack of judicial review and accountability, whether in criminal or civil proceedings, despite FISA’s express provision of such remedies. This lack of robust judicial review leaves us all worse off, with no opportunity to challenge the lawfulness of these programs and remedy surveillance harms.

    • Intelligence Surveillance

    • Surveillance Oversight

    • Analysis

  • Two Years In, COVID-19 Relief Money Fueling Rise of Police Surveillance

    EPIC's analysis of media and government reporting indicates that local governments and police departments have used significant amounts of their COVID-19 relief funds to fund police surveillance technology, buying everything from gunshot detection systems to automatic license plate readers (ALPRs) to phone hacking tools.

    • Privacy in Public

    • Surveillance Oversight

    • Analysis

  • Reforming 702: Strengthening FISA Amici

    While amici have been incorporated into FISA Court review on a limited basis, they continue to have a narrowly circumscribed role and lack authority to truly advocate on behalf of the public, severely limiting their value. This is particularly true in the context of programmatic surveillance like under Section 702, where amici involvement is inconsistent despite the sweeping scope of these surveillance programs and their impact on Americans.

    • Intelligence Surveillance

    • Surveillance Oversight

    • Analysis

  • Reforming 702: End Warrantless Backdoor Searches

    In the second post of a running blog series on Section 702 ahead of its reauthorization deadline in December 2023, EPIC outlines what warrantless backdoor searches are and how they have historically been abused.

    • Intelligence Surveillance

    • Surveillance Oversight

    • Analysis

  • A Proposed Compromise: the State Data Privacy and Protection Act

    EPIC has crafted the State Data Privacy and Protection Act to allow state policymakers to take advantage of the bipartisan consensus language in the federal American Data Privacy and Protection Act.

    • Privacy Laws

    • Proposed U.S. Legislation

    • U.S. State Privacy Laws

    • Analysis

  • In Gonzalez v. Google, the Supreme Court Should Recognize That a Narrow Reading of Section 230 Will Help Achieve a Better Internet

    Section 230 of the Communications Decency Act was meant to encourage tech companies to monitor their services for harmful user content, but it has largely done the opposite. In Gonzalez v. Google, the Supreme Court should recognize that a narrower reading of Section 230 can help achieve a better, safer internet.

    • Commercial AI Use

    • Democracy & Free Speech

    • Online Harassment

    • Analysis