Analysis

  • Data minimization is the key to a meaningful privacy law

    This is the sixth blog post in EPIC’s series on Data Minimization. We have previously discussed data minimization as a framework to curb harmful commercial surveillance practices, harms that stem from out of context secondary data uses, data minimization as a pillar of data security, data minimization as a tool to protect health data privacy, and data minimization as a way to regulate surveillance advertising. This post discusses existing data minimization rules in state and federal laws. 

    • Consumer Privacy

    • Data Brokers

    • Privacy Laws

    • U.S. Privacy Laws

    • U.S. State Privacy Laws

    • Analysis

  • Data Brokers Threaten National Security. The Consumer Financial Protection Bureau’s Fair Credit Reporting Act Rulemaking Can Reduce the Threat.

    Data brokers—companies that aggregate and sell our personal data—are a well-known threat to privacy. But data brokers do more than degrade our privacy; they also pose a serious threat to national security.

    • Consumer Privacy

    • Data Brokers

    • Analysis

  • EPIC Traces the Ninth Circuit’s Surprisingly Narrow Section 230 Interpretation as the Court Hears Two Important Cases

    As the Ninth Circuit hears oral argument in two important Section 230 cases, EPIC staff analyzes the court's surprisingly narrow interpretation of the important and controversial statute.

    • Democracy & Free Speech

    • Analysis

  • Congress Re-enters the Debate on Data Minimization with APRA

    This week a new federal privacy bill, the American Privacy Rights Act of 2024, was announced by Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Committee Chair Cathy McMorris-Rodgers (R-WA).

    • Privacy Laws

    • Proposed U.S. Legislation

    • U.S. State Privacy Laws

    • Analysis

  • Safeguarding Democratic Elections in the Age of AI

    As national elections approach in the United States, concerns about AI-generated robot calls and manipulated media have grown more urgent. The 2024 elections mark a pivotal moment in American history, as it stands as the first presidential election year poised at the intersection of the burgeoning advancements in AI-generated content. Both legal and technological interventions will be necessary to mitigate these threats in advance of November.

    • AI Policy

    • Artificial Intelligence and Human Rights

    • Analysis

  • Alive and Kicking: Washington State’s My Health My Data Act Goes into Effect Today

    Today Washington State’s landmark My Health My Data Act (MHMD) goes into effect, marking a new chapter in state regulation of health data. In an age where more and more of our health-related data is being managed through apps, devices, and online services, MHMD imposes strict privacy obligations on companies and creates a private right of action to bolster enforcement.

    • Cybersecurity

    • Data Protection

    • Data Security

    • Health Privacy

    • Privacy Laws

    • U.S. State Privacy Laws

    • Analysis

  • What U.S. Regulators can Learn from the EU AI Act

    On March 13, the European Union Parliament passed the Artificial Intelligence Act (“AI Act” or “the Act”), taking the penultimate step in a years-long legislative process. Originally proposed in early 2021, the sweeping, harms-based Act categorizes artificial intelligence systems by preconceived risks to fundamental rights, public safety, and public health into prohibited, high-risk, or low or no-risk systems.

    • AI Policy

    • Artificial Intelligence and Human Rights

    • Data Protection

    • Face Surveillance & Biometrics

    • International Privacy

    • Surveillance Oversight

    • Analysis

  • Murthy v. Missouri and the Threat of Election Disinformation

    As the 2024 U.S. Presidential election heats up, we’re returning to the thorny problem of election disinformation through the lens of content moderation and the recent Supreme Court case, Murthy v. Missouri.

    • Anonymity

    • Artificial Intelligence and Human Rights

    • Commercial AI Use

    • Democracy & Free Speech

    • Online Harassment

    • Analysis

  • Here Comes the Sun(shine Week): Celebrating Some EPIC Open Government Wins

    In celebration of Sunshine Week, EPIC is highlighting some open government successes from the past year.

    • Access to Information

    • AI Policy

    • Artificial Intelligence and Human Rights

    • Democracy & Free Speech

    • Freedom of Information Act

    • Government AI Use

    • Government Databases

    • Intelligence Surveillance

    • Open Government

    • Privacy Impact Assessments

    • Surveillance Oversight

    • Analysis

  • Overview of EPIC’s Comments to DOJ and DHS on the use of facial recognition, other technologies using biometric information, and predictive algorithms.

    EPIC submitted comments in response to DOJ and DHS’ Request for Written Submissions on Sec. 13e of Executive Order 14074 urging DOJ and DHS to center vulnerable communities as the agencies craft new guidance for law enforcement on certain advanced technologies. The proposed guidance will cover use of facial recognition, predictive policing technologies, social media surveillance tools, and DNA analysis. DOJ and DHS have a long and historied pattern of misuse and abuse of surveillance tools.

    • Face Surveillance & Biometrics

    • Intelligence Surveillance

    • Privacy in Public

    • Surveillance Oversight

    • Analysis