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November 2010 Archives

November 1, 2010

In Opening Brief, EPIC Urges Federal Appeals Court to Suspend Airport Body Scanner Program

EPIC has filed the opening brief in EPIC v. DHS, No, 10-1157, a case that challenges the unilateral decision of the TSA to make body scanners the primary screening technique in U.S. airports. Three frequent air travelers are joining EPIC in the lawsuit: security expert Bruce Schneier, human rights activist Chip Pitts, and the Council on American-Islamic Relations legal counsel Nadhira Al-Khalili. The Petitioners have brought claims under the Administrative Procedure Act, the Privacy Act, the Video Voyeurism Prevention Act, the Religious Freedom Restoration Act, and the Fourth Amendment. The Petitioners are seeking the suspension of the body scanner program. In its brief, EPIC argues that the Department of Homeland Security "has initiated the most sweeping, the most invasive, and the most unaccountable suspicionless search of American travelers in history." EPIC further argues that the Transportation Security Administration "must comply with relevant law, and it must not be permitted to engage in such a fundamental change in agency practice without providing the public the opportunity to express its views." For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology. UPDATE: Read EPIC's press release here.

November 3, 2010

Information Commissioner Finds Google Violated UK Privacy Laws

British officials announced that Google violated UK data protection laws when the company's Street View cars collected wifi data from private wireless networks. In lieu of a fine, Google UK will undergo an audit and must sign a commitment to ensure that data protection breaches do not happen again. UK Information Commissioner stated that "the collection of this information was not fair or lawful and constitutes a significant breach of the first principle of the Data Protection Act.". EPIC is requesting documents from the US Federal Trade Commission under the Freedom of Information Act to determine why the agency ended the US inquiry into Google Street View, even after members of Congress urged a comprehensive investigation. For more information, see EPIC: Street View.

EPIC Publishes 2010 Open Government Litigation Manual

EPIC's "Litigation Under the Federal Open Government Laws" is the standard reference work covering all aspects of the Freedom of Information Act, the Privacy Act, and other related laws. The book include the complete texts of the relevant acts and sample pleadings for litigators. This is a comprehensive guide to FOIA and open government, essential for anyone interested in open access laws. The twenty-fifth edition includes the texts of President Obama’s January 2009 memo on Open Government, Attorney General Holder’s March 2009 memo on FOIA Guidance, and the new executive order on declassification. Also included are contact details for federal FOIA offices, information about the new Office of Government Information Services, and international open government resources. The EPIC 2010 FOIA manual is now available for sale.

November 4, 2010

Europe Moves Forward with Comprehensive Strategy for Privacy Protection

The European Commission announced today a strategy to "protect individuals' data in all policy areas, including law enforcement, while reducing red tape for business and guaranteeing the free circulation of data within the EU." The key goals include strengthening the rights of individuals, enhancing the free flow of information, extending privacy safeguards to police and criminal justice records systems, ensuring high levels of protection for data transferred outside of the European Union, and more effective enforcement of privacy rules. The new policy will build on the 1995 EU Data Directive which is the foundation for much of privacy law across Europe. The Commission is encouraging public comments on the proposal. The Commission also posted a FAQ on Data Protection Reform. For more information, see EPIC - EU Data Protection Directive.

Race Against the Machine: Privacy, Security and Regulatory Concerns in the Face of Rapid Advances in Technology

Symposium: Race Against the Machine: Privacy, Security and Regulatory Concerns in the Face of Rapid Advances in Technology

Ginger McCall,
EPIC Staff Counsel

New York Bar Association
New York, NY
Novermber 10, 2010

November 5, 2010

Libertarian Party Endorses EPIC Body Scanner Lawsuit

Libertarian Party Chair Mark Hinkle said today, "The TSA should end the strip-search machine program immediately. We've reached a point where our government has no qualms about humiliating us." Mr. Hinkle expressed support for the EPIC lawsuit aimed at suspending the body scanner program. Mr. Hinkle further said, "We encourage Americans to call their newly-elected members of Congress and tell them that they don't want this expensive, worthless, intrusive, unconstitutional program." The Libertarian Party is America's third-largest political party. For more information, see EPIC v. DHS.

November 9, 2010

Labor Relations Board Files Complaint against Company over Facebook Post

The National Labor Relations Board has issued a complaint against American Medical Response of Connecticut for firing an employee who complained about her supervisor on Facebook. The company claimed that it fired the employee for violating its policy against depicting the company on a social media site. The NLRB's complaint states that the company's blogging and internet posting policy is overly broad; the company illegally denied union representation during the investigation; and that the firing violated an employee's right to engage in concerted activities. The National Labor Relations Act protects an employee's right to engage in group activities, such as discussing work-related issues, to improve workplace conditions. A hearing is scheduled for January 25, 2011. For related information, see EPIC: Workplace Privacy and EPIC: Social Networking Privacy.

In Open Government Case, Government Opposes "Personal Privacy" Rights for Corporations

The Solicitor General filed the government's brief in an important Supreme Court case that will determine if corporations have personal privacy rights in Freedom of Information Act cases. The Solicitor General is defending the FCC's decision to disclose records pertaining to an investigation concerning AT&T. AT&T challenged the agency and a federal appeals court sided with AT&T and held that the FOIA grants corporations personal privacy rights. In its brief, the Solicitor General argues that the opinion is "a singular outlier in an otherwise uniform body of more than 35 years of decisional law and commentary." EPIC will file an amicus brief in support of the FCC. For more information, see EPIC: FCC v. AT&T.

Government Seeks to Exclude Religious Objectors from EPIC Body Scanner Challenge, EPIC Opposes DHS Motion

In a motion filed in the DC Circuit Court of Appeals, the Department of Homeland Security has attempted to exclude religious objector Nadhira Al-Khalili from EPIC's body scanner lawsuit. Ms. Al-Khalili is Legal Counsel for the Council on American Islamic Relations, one of the organizations that supported EPIC's petition, which is the basis for the challenge to the body scanner program. Ms. Al-Khalili's claims are based on the Religious Freedom Restoration Act and Islamic modesty requirements. EPIC has opposed the government's motion and stated that the agency is "simply afraid to have the Religious Freedom Restoration Act claims heard by this Court." EPIC further argued that "Respondents hope by seeking to exclude Ms. Al- Khalili . . . they will avoid judicial scrutiny of an agency practice that substantially burdens the free exercise of religion in violation of federal law." For more information, see EPIC: EPIC v. DHS (Emergency Stay, Body Scanners) and EPIC: Whole Body Imaging Technology.

FTC Appoints Executive Director, Chief Technology Officer

The Federal Trade Commission has announced that Eileen Harrington will be rejoining the Commission as the Executive Director. Harrington was recently the Chief Operating Officer at the U.S. Small Business Administration, following a 25-year stint at the Commission in a variety of positions. The Commission has also announced that Princeton University professor Dr. Edward W. Felton has been named as Chief Technologist, a new position that will focus on evolving technology and policy issues. Dr. Felten was the founding director for Princeton’s Center for Information Technology Policy. For more information, see EPIC: Federal Trade Commission.

November 10, 2010

Wall Street Journal Confirms FCC Investigation of Google Street View Following EPIC Complaint

The Wall Street Journal reported today that the Federal Communications Commission has opened an investigation into Google's secretive interception and collection of wifi data collection. This occurred in thirty countries over a three year period and is linked to Google "Street View" vehicles which many thought simply captured digital images. In May, EPIC filed a complaint with the Commission, asking it to investigate Google's possible violations of federal wiretap law and the U.S. Communications Act. Investigations in other countries have revealed that Google secretly collected passwords, email, and sensitive medical data from millions of Internet users, and also built an extensive database of personal information associated with private residential wifi routers. The Federal Trade Commission recently ended its inquiry into Google Street View, even though members of Congress had urged a comprehensive investigation. For more information, see EPIC - Investigation of Google Street View.

November 15, 2010

Senate to Hold Hearings on TSA, Congress to Examine Impact of Body Scanner Program on Airline Industry

The Senate Committee on Commerce, Science, and Transportation will hold an oversight hearing on the Transportation Security Administration on November 17, 2010. Hon. John S. Pistole, the TSA Administrator, is expected to testify. EPIC has filed a lawsuit to suspend the body scanner program, calling it "unlawful, invasive, and ineffective." Opposition to the program is growing. The Libertarian Party, the American Pilots Association, Airline CEOs, flyers rights organizations, religious groups, and others are calling for an end to invasive searches at airports. A National Opt-Out Day is scheduled for November 24. For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. DHS (Suspension of Body Scanner Program).

EPIC Files Amicus Brief in Supreme Court Case on "Personal Privacy"

EPIC has filed a "friend of the court" brief in a case concerning the meaning of "personal privacy." EPIC urged the Justices to reject AT&T's claim that its "personal privacy" prevents the public disclosure of records subject to the Freedom of Information Act. EPIC cited the commonly understood meaning of "personal privacy" in the work of legal scholars and technical experts, as well as the use of these terms in an extensive survey of US privacy laws. The records at issue in the case pertain to contract work for the federal government. The Supreme Court agreed to review a lower court opinion which held that AT&T could assert a personal privacy interest. EPIC's brief argued that if upheld, the lower court's "interpretation of 'personal privacy' would stand as an outlier, untethered to common understanding, legal scholarship, technical methods, or privacy law." For more information, see EPIC: FCC v. AT&T.

November 17, 2010

Senators Grill TSA Official About Airport Body Scanners

In a hearing before the Senate Committee on Commerce, Science, and Transportation, Sentors asked TSA Administrator John Pistole tough questions about the privacy and health implications of airport body scanners. Senators also asked about the invasiveness of pat-downs and the problems that the machines pose for religious objectors. Pistole failed to provide proof of independent studies regarding radiation risks and consistently downplayed privacy and religious concerns. EPIC has filed a lawsuit to suspend the body scanner program, calling the program "unlawful, invasive, and ineffective." For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. DHS (Suspension of Body Scanner Program).

November 18, 2010

New York City Moves to Ban Body Scanners

Members of the New York City Council announced today that they would introduce legislation to ban the use of body scanners in New York City. Councilmember David Greenfield said, "I am deeply troubled that we are subjecting New Yorkers to this humiliating process, which breaches the most basic privacy rights." EPIC President Marc Rotenberg joined the Councilmembers on the steps of City Hall for the announcement. For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. DHS (Suspension of Body Scanner Program).

Rep. Ron Paul Introduces Bill to Halt Body Scanner Program

Representative Ron Paul introduced a bill that would hold TSA agents legally accountable for airline screening procedures. Rep. Paul cited abusive screening procedures as the reason for the legislation, titled the American Traveler Dignity Act. In a floor speech, Representative Paul also endorsed National Opt-Out Day, a grassroots movement of passengers who plan to refuse the devices on November 24th. EPIC is suing in federal court to suspend the body scanner program. For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. DHS.

November 19, 2010

EPIC Files FOIA Suit to Force Disclosure of Body Scanner Radiation Risks

EPIC has filed a Freedom of Information Act lawsuit against the Department of Homeland Security, seeking records concerning radiation emissions and exposure associated with airport full body scanners. The Department recently implemented the scanners as a primary screening mechanism for all airline travelers. In August, many senators questioned the safety of the scanners. In September, Ralph Nader also sent a letter to the Senate expressing concern about radiation exposure. Earlier this year, EPIC requested DHS to release all information about radiation emissions. DHS failed to respond to EPIC's FOIA request and when DHS also failed to reply to EPIC's administrative appeal, EPIC filed a lawsuit in federal court. Earlier EPIC FOIA lawsuits uncovered evidence that body scanners can store and record images and that the Marshals Service had captured more than 35,000 images. For more information see, EPIC v. DHS (Body scanner images) and EPIC v. DOJ (Body scanner images).

November 18, 2010

"New York City Council Moves to Ban Naked Body Scanners"

Marc Rotenberg,
EPIC Executive Director

New York City Council
New York, NY
November 18, 2010

November 19, 2010

"Protests Against TSA Screenings"

Marc Rotenberg,
EPIC Executive Director

Diane Rehm Show

Washington, DC
November 22, 2010

November 21, 2010

Congress Raises New Questions About Airport Screening Procedures

Rep. Bennie G. Thompson (D-MS) and Rep. Sheila Jackson-Lee (D-TX), two leading members of Congress, have sent a letter to TSA Administrator John S. Pistole, objecting to the new airport screening procedures. Reps. Thompson and Lee wrote, "we are concerned about new enhanced pat down screening protocols and urge you to reconsider utilization of these protocols." Reps. Thompson and Lee further said that "the TSA should have had a conversation with the American public" and should have ensured that "these changes do not run afoul of privacy and civil liberties." EPIC has filed a lawsuit against the TSA for failing to provide an opportunity for public comment, which is required by law, and implementing a screening procedure that violates privacy. EPIC President Marc Rotenberg has called the new screening procedures "invasive, unlawful, and ineffective." For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. DHS.

November 22, 2010

EPIC Releases Analysis on TSA Body Scanner Program - "Deployment and contracting for body scanners should be suspended"

EPIC is making available to the public today the report EPIC prepared in January 2010, following the release of documents from the DHS in an open government lawsuit. The analysis, based on the internal records obtained from the agency, reveals that the "device specifications, set out by the TSA, include the ability to store, record, and transfer images, contrary to the representations made by the TSA...include hard disk storage, USB integration, and Ethernet connectivity that raise significant privacy and security concerns...include "super user" ("Level Z") status that allows the TSA itself to disable filters and to export raw images..." The EPIC memo states "Based on the materials received to date, EPIC concludes that further deployment and contracting for body scanners should be suspended until the privacy and security problems identified are adequately resolved." The documents were obtained in EPIC v. DHS (FOIA) EPIC has since filed papers in federal court to suspend the program. See EPIC v. DHS (body scanners).

November 23, 2010

EPIC Challenges DoD FOIA Processing Policies

EPIC filed a request with the FOIA Ombudsman challenging the Department of Defense's unlawful assertion that the DoD has the statutory authority to administratively withdraw a FOIA request without input or consultation from the FOIA requester. DoD made the assertion in response to a FOIA request EPIC had filed seeking documents detailing the agency's agreements with Project Vigilant, a private sector company that monitors Internet Service Providers and provides that information to federal agencies. The FOIA Ombudsman is authorized to review policies and procedures of administrative agencies, review compliance by administrative agencies, and recommend policy changes to Congress and the President. EPIC requested that the FOIA Ombudsman investigate DoD's policies and publish a report of its findings. For related information see Litigation Under the Federal Open Government Laws 2010 and EPIC: Open Government.

Majority of Americans Now Oppose Body Scanners and TSA Pat Downs

A new poll by Zogby International finds that 61% of Americans polled between Nov. 19 and Nov. 22 oppose the use of full body scans and TSA pat downs.  Of those polled, 52% believe the enhanced security measures will not prevent terrorist activity, almost half (48%) say it is a violation of privacy rights, 33% say they should not have to go through enhanced security methods to get on an airplane, and 32% believe the full body scans and TSA pat downs to be sexual harassment. The Zogby Poll is the most recent survey of American opinion on the new airport screening procedures. Combined with earlier polls by USA Today and the Washington Post-ABC News, the Zogby Poll reflects declining support for the TSA program.

November 24, 2010

EPIC Demands Documents from DHS about Mobile Body Scanners, Use of Devices at Trains Stations and Stadiums

EPIC has filed a Freedom of Information Act request with the Department of Homeland Security, demanding that the agency turn over documents concerning the use of body scanner technology by law enforcement agencies in surface transit and street-roaming vans. EPIC cited previous DHS testing of body scanners on New Jersey's PATH trains and the development of street-roaming backscatter vans. EPIC has also filed a lawsuit to suspend body scanner program. EPIC has called the devices "invasive, inefffective, and unlawful." For more information, see: EPIC: Whole Body Imaging and EPIC: EPIC v. DHS.

November 29, 2010

Google Seeks to Patent Scheme to Use Street View Data to Identify Internet Users

In a pending patent application, Google describes its plans for using wireless data, some captured by its Street View vehicles, to identify and link users to their geographical location. In the application, Google explains how it would verify a user's identity by sending the user a "challenge" based on the user's geographic location. Wi-Fi data collection is critical for this patent application. Google had previously denied that it would link Wi-Fi data to particular users, and omitted any mention of user identification from its statement regarding its Street View Wi-Fi data collection. For more information, see Google: Street View.

Federal Appeals Court Overturns Vermont Medical Privacy Law

The Second Circuit Court of appeals has ruled that a Vermont privacy law violates the First Amendment. The law regulated data mining companies that sell or use doctors' prescribing records containing personal information on patients. EPIC, and several privacy technology experts, had filed a "friend of the court" brief in support of the law. Writing in dissent and siding with EPIC, Judge Debra Ann Livingston said that the majority reached the "wrong result," creating "precedent likely to have pernicious broader effects" on medical privacy case law. A similar medical privacy law was upheld by the First Circuit Court of Appeals. For more information, see EPIC: IMS Health v. Sorrell and EPIC: IMS Health v. Ayotte

European Data Protection Supervisor Endorses Commission Strategy for Strong and Effective Data Protection

During a press conference, Peter Hustinx, the European Data Protection Supervisor, discussed the future of the EU legal framework for data protection and supported the recent EU Commission strategy to strengthen EU data protection rules. The European Commission communication proposes to "protect individuals' data in all policy areas, including law enforcement, while reducing red tape for business and guaranteeing the free circulation of data within the EU." The key goals include strengthening the rights of individuals, enhancing the free flow of information, extending privacy safeguards to police and criminal justice records systems, ensuring high levels of protection for data transferred outside of the European Union, and more effective enforcement of privacy rules. For more information, see EPIC - EU Data Protection Directive.

November 30, 2010

Federal Trade Commission Acts Late and Ineffectively on EPIC Complaint Regarding Echometrix

The Federal Trade Commission announced a settlement of its charges against Echometrix, over one year after EPIC filed a complaint in this matter. Echometrix is a software company that sold "parental control software" that collected data on children using the Internet for marketing purposes. Under the settlement with the Agency, Echometrix agreed not to share any data and to destroy the information it had collected in its marketing database, but was not required to pay any fines. EPIC's complaint to the Agency highlighted several aspects of Echometrix products that threatened consumer privacy, and alleged that Echometrix had engaged in unfair and deceptive trade practices and violated the Children's Online Privacy Protection Act. In contrast to the Federal Trade Commission, the Defense Department quickly canceled a contract with Echometrix following EPIC's complaint, and the New York Attorney General filed charges against the company, which resulted in Echometrix paying a $100,000 penalty to the state of New York. For more information, see EPIC: Echometrix.

November 29, 2010

"Privacy Platform: A Comprehensive Data Protection Framework"

"Privacy Platform: A Comprehensive Data Protection Framework"

Marc Rotenberg,
EPIC President

European Parliament
Brussels, Belgium
1 December 2010

"The Future of Online Consumer Protection"

"The Future of Online Consumer Protection"

Ginger McCall,
EPIC Counsel

Consumer Watchdog
National Press Club
Washington, DC
December 1, 2010

"The Law of Demand Response"

"The Law of Demand Response"
Panel 5: Whose Data Is It Anyway? Metering and Privacy Issues

Lillie Coney,
EPIC Associate Director

George Washington University Law School
Washington, DC
December 1-2, 2010

"Broadband Networks and Smart Grid at the crossroad between ICT & Energy"

"Broadband Networks and Smart Grid at the crossroad between ICT & Energy"

Lillie Coney,
EPIC Associate Director

Columbia Business School
New York, NY
December 3, 2010

About November 2010

This page contains all entries posted to epic.org in November 2010. They are listed from oldest to newest.

October 2010 is the previous archive.

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