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January 2012 Archives

January 4, 2012

EPIC Urges Appeals Court to Shed Light on Google-NSA Agreement

EPIC filed the opening brief in EPIC v. NSA, No. 11-5233, challenging the National Security Agency’s response to EPIC's Freedom of Information Act request. EPIC is seeking information about the widely publicized cybersecurity agreement between the NSA and Google that followed the January 2010 China hack. The NSA claimed it "could neither confirm nor deny" the existence of any information about its relations with Google. After the attack, Google's implemented encryption technology for Gmail by default, a privacy safeguard EPIC and technical experts had urged in 2009. For more information, see EPIC v. NSA: Google / NSA Relationship.

January 5, 2012

Federal Court Revives Suit Over NSA Dragnet Surveillance

A federal appeals recently revived a lawsuit, Jewel v. NSA, challenging the NSA's use of the nation's largest telecommunication providers to conduct suspicionless surveillance of Americans. The three-judge panel reversed a lower court decision that rejected claims based on lack of standing. The case will now return to the district court for a decision on the merits. The same three-judge panel also rejected a related suit against the telecommunications providers, Hepting v. AT&T, based on the "retroactive immunity" provided by Congress in 2008. EPIC, in cooperation with the Stanford Constitutional Law Center, filed a "Friend of the Court" brief in support of the plaintiffs in these cases, arguing that statutory and constitutional privacy violations are sufficient to establish standing, and that the state secrets doctrine should not bar adjudication. For more information, see EPIC: Hepting v. AT&T and EPIC: NSA Warrantless Surveillance.

January 10, 2012

Facebook and Privacy

Facebook and Privacy

Marc Rotenberg,
EPIC Executive Director

The Diane Rehm Show
WAMU
January 10, 2012

January 26, 2012

EPIC International Champion of Freedom Awards

Computers, Data Protection, and Privacy 2012
Brussels, Belgium
January 26, 2012

January 27, 2012

The Council of Europe Privacy Convention

"The Council of Europe Privacy Convention"

Marc Rotenberg,
EPIC Executive Director

Council of Europe
Brussels, Belgium
January 27, 2012

January 28, 2012

International Privacy Day

privacy-day.jpg

January 6, 2012

Supreme Court to Hear Case About Enhanced Search Techniques

The US Supreme Court has decided to review Florida v. Jardines, a case that addresses whether a dog sniff at the front door of a home is a search that requires probable cause. This case follows Illinois v. Caballes, a 2005 case in which the Court held that a dog sniff around a car during a routine traffic stop was not a search. The Florida Supreme Court ruled that Caballes was inapplicable in the case, and that a dog sniff in front of a home is a Fourth Amendment search. This case also implicates the government's use of "enhanced" investigative techniques that are designed to detect contraband. Because these techniques are imperfect and also allow the government to search for material that is not illegal, EPIC has argued that a Fourth Amendment probable cause standard should apply. For more information, see EPIC: EPIC v. DHS (Airport Body Scanners).

January 10, 2012

DHS Memo Reveals Plan to Impose "Secure Communities" on All States

According to a draft memo, the Department of Homeland Security intends to require that all states comply with the agency's "Secure Communities" program by 2013. Secure communities is a controversial deportation program that relies on extensive data collection and biometric identification. Several states, including Illinois, New York and Massachusetts, objected to the federal program, citing mismanagement, and refused to participate. Previously, the DHS maintained that the program would be voluntary. For more, see EPIC: Secure Communities.

Google Changes Search Results, Preferences Google+ Results

Google is changing the results displayed by its search engine to include data from its social network, such as photos or blog posts made by Google+ users, as well as the public Internet. Although data from a user’s Google+ contacts is not displayed publicly, Google’s changes make the personal data of users more accessible. Users can opt out of seeing personalized search results, but cannot opt out of having their information found through Google search. Also, Google's changes come at a time when the company is facing increased scrutiny over whether it distorts search results by giving preference to its own content. Recently, the Senate held a hearing on Google's use of its dominance in the search market to suppress competition, and EPIC urged the Federal Trade Commission to investigate Google's use of Youtube search rankings to give preferential treatment to its own video content over non-Google content. Google has also acknowledged that the FTC is investigating whether Google uses its dominance in the search field to inhibit competition in other areas. For more information, see EPIC: Google/DoubleClick.

January 12, 2012

EPIC Urges Trade Commission to Investigate Google Search

In a letter to the Federal Trade Commission, EPIC has called for an investigation of recent changes by Google to Google Search, the dominant search algorithm on the Internet. EPIC cited Google's decision to include personal data, such as photos, posts, and contact details, gathered from Google+ in Google Search results. “Google’s business practices raise concerns related to both competition and the implementation of the Commission’s consent order,” EPIC said, referring to a settlement that the FTC reached with Google that establishes new privacy safeguards for users of Google products and services and subjects the company to regular privacy audits. Recently, the Senate held a hearing on Google’s use of its dominance in the search market to suppress competition, and EPIC urged the Federal Trade Commission to investigate Google’s acquisition of Youtube, which allowed Google to give preferential treatment to Google's own video content. For more information, see EPIC: Google/DoubleClick and EPIC: Federal Trade Commission.

January 26, 2012

Computers, Data Protection and Privacy 2012

Computers, Data Protection and Privacy 2012

Lillie Coney,
EPIC, Associate Director

Brussels, Belgium
January 26, 2012

January 13, 2012

EPIC - FOIA Documents Reveal Homeland Security is Monitoring Political Dissent

As the result of EPIC v. DHS, a Freedom of Information Act lawsuit, EPIC has obtained nearly thee hundred pages of documents detailing a Department of Homeland Security's surveillance program. The documents include contracts and statements of work with General Dynamics for 24/7 media and social network monitoring and periodic reports to DHS. The documents reveal that the agency is tracking media stories that "reflect adversely" on DHS or the U.S. government. One tracking report -- "Residents Voice Opposition Over Possible Plan to Bring Guantanamo Detainees to Local Prison-Standish MI" -- summarizes dissent on blogs and social networking cites, quoting commenters. EPIC sent a request for these documents in April 2004 and filed suit against the agency in December. For more information, see EPIC: EPIC v. Department of Homeland Security: Media Monitoring.

Internet Data Privacy Colloquium, 2012

Internet Data Privacy Colloquium, 2012

Amie Stepanovich,
EPIC National Security Counsel

Dialogue on Diversity
Washington, D.C.
January 26, 2012

FTC Adds Google+ to Antitrust Investigation

Bloomberg News has reported that the Federal Trade Commission has expanded its antitrust investigation of Google to include Google's social networking service, Google+. The report comes after Google announced that it would include personal data gathered from Google+ in the results of users' searches, a move that led EPIC to urge the FTC to investigate the company. EPIC said that "Google's business practices raise concerns related to both competition and the implementation of the Commission’s consent order," referring to a settlement that the FTC reached with Google that establishes new privacy safeguards for users of all Google products and services and subjects the company to regular privacy audits. Google first confirmed the FTC’s antitrust investigation in June 2011. Recently, the Senate held a hearing on Google's use of its dominance in the search market to suppress competition, and EPIC urged the Federal Trade Commission to investigate Google's use of Youtube search rankings to give preferential treatment to its own video content over non-Google content. For more information, see EPIC: Google/DoubleClick and EPIC: Federal Trade Commission.

January 19, 2012

Constitution 3.0: Understanding and Advancing Constitutional Rights in the Digital Age

Constitution 3.0

REGISTER NOW

"Constitution 3.0: Understanding and Advancing Constitutional Rights in the Digital Age"

EPIC and the Center for the Study of Responsive Law

Carnegie Institute for Science
Washington, DC
January 19, 2012

Listen to the audiocast.

January 23, 2012

Supreme Court Upholds Fourth Amendment in GPS Tracking Case

Today the Supreme Court unanimously held in U.S. v. Jones that the warrantless use of a GPS tracking device by the police violated the Fourth Amendment. The Court said that a warrant is required "[w]here, as here, the government obtains information by physically intruding on a constitutionally protected area," like a car. Concurring opinions by Justices Sotomayor and Alito urged the court to focus on the reasonableness of the suspect's expectation of privacy because physical intrusion is unnecessary to surveillance in the digital age. EPIC, joined by 30 legal and technical experts,filed a "friend of the court" brief. EPIC warned that, "it is critical that police access to GPS tracking be subject to a warrant requirement." For more information, see EPIC: US v. Jones, and EPIC: Location Privacy.

January 24, 2012

Senator Leahy Expresses Support for International Privacy Day

Senator Patrick Leahy, theChairman of the Senate Judiciary Committee, offered a statement commemorating Data Privacy Day, which takes place on January 28. Senator Leahy urged the Congress to adopt comprehensive data privacy legislation to "better protect Americans' sensitive personal data and reduce the risk of data security breaches." He also recommended changes to the Electronic Privacy Communications Act to "reflect the realities of our time" and to "keep us safe from cyber threats." EPIC will be participating in the annual Computers, Privacy, and Data Protection conference, taking place this week in Brussels. EPIC will also be announcing the recipients of the 2012 International Champion of Freedom Award and the 2012 US Privacy Champion Award. Join International Privacy Day on Facebook.

January 25, 2012

EPIC Launches "Good to Really Know" Education Campaign

Following the announcement of the "Good the Know" advertising campaign by a major Internet firm, EPIC has launched "Good to Really Know," a brief YouTube video that offers practical advice about Internet privacy and tips for Internet users. The EPIC video covers Internet tracking and profiling. It also reminds users "It's Your Data," and offers suggestions for how Internet companies could help protect Internet privacy.

Google Changes Privacy Practices, Consolidates User Data

Google announced that it would begin combining data gathered on users of over 60 Google products and services, including Gmail, Google+, Youtube, and the Android mobile operating system. Previously, users could use one Google service, such as Google+, without having their information combined with that gathered from other services, such as Youtube. Users cannot opt out of having their data combined unless they avoid signing into their user accounts or stop using Google’s services altogether. Google’s changes come after the company began surfacing personal information from Google+ in Google search results, a move that EPIC said raised privacy and antitrust issues. In 2010, EPIC, along with other privacy groups, wrote a letter to Google over the company's decision to combine user data among 12 Google services. Google is subject to a settlement with the Federal Trade Commission that establishes new privacy safeguards for users of all Google products and services and subjects the company to regular privacy audits. For more information, see EPIC: Federal Trade Commission and EPIC: Google Search.

Comprehensive Revision of European Privacy Law Announced

The European Commission has proposed modernized Data Protection rules that will simplify business compliance and establish new privacy rights for individuals. EC Justice Commissioner Viviane Reding explained, "The proposal will help build trust in online services because people will be better informed about their rights and in more control of their information." In 2009, EPIC joined 110 other civil society groups and 106 experts in endorsing the Madrid Privacy Declaration, which called for the establishment of "a new international framework for privacy protection . . . . based on the rule of law, respect for fundamental human rights, and support for democratic institutions." For more information, see EPIC: EU Data Protection Directive.

EPIC Files Suit for Documents Detailing Surveillance of WikiLeaks Supporters

EPIC has filed suit against the Department of Justice and Federal Bureau of Investigation under the Freedom of Information Act for documents detailing surveillance of WikiLeaks supporters. After WikiLeaks' November 2010 publication of diplomatic cables, the U.S. government opened investigations into WikiLeaks supporters and pressured many online donation systems, including Amazon and Paypal, to cease processing donations to WikiLeaks. In June 2011, EPIC filed Freedom of Information Act requests with the Department of Justice and the Federal Bureau of Investigation. EPIC is seeking documents that detail government requests for information about users of Facebook, Twitter, Paypal and Visa. For more information see: EPIC: Open Government.

January 26, 2012

EPIC Gives 2012 Privacy Champion Awards to Canadian Privacy Commissioner, Privacy Technologist

EPIC has given the 2012 Privacy Champion Awards to Canadian Privacy Commissioner Jennifer Stoddart and privacy technologist Christopher Soghoian. EPIC called Stoddart a "steadfast defender of privacy" and cited her work to strengthen international collaboration among privacy officials. Of Soghoian, EPIC said he is "an expert technologist dedicated to privacy," and cited his ability to combine technical know-how, legal expertise, and clever campaign tactics. EPIC Champion of Freedom press release. Stoddart acceptance speech.

January 27, 2012

Congress Seeks Answers on Google's Plans for Data Consolidation

Eight members of Congress wrote to Google asking the company to explain the "steps [that] are being taken to ensure the protection of consumers' privacy rights." The letter follows Google's announcement that it would begin combining data gathered on consumers of over 60 Google products and services, including Gmail, Google+, Youtube, and the Android mobile operating system. The members' letter includes 11 specific questions ranging from the ways in which Google collects information to the specific consequences for Android phone users. In 2010, EPIC, along with other privacy groups, wrote a letter to Google about the company's decision to combine user data among 12 Google services. The groups warned that the practical effect would be to reduce privacy protection for users of Google services. For more information, see EPIC: In re: Google Buzz and EPIC: Google search.

EPIC Expresses Support for International Privacy Convention

Speaking this week at the Computers, Privacy and Data Protection conference, EPIC President Marc Rotenberg expressed support for the Council of Europe Privacy Convention. Two years ago, twenty-nine members of the of the EPIC Advisory Board, experts in privacy law and technology, sent a letter to US Secretary of State Hillary Clinton to urge that the United States begin the process of ratification of the Council of Europe Convention on Privacy. They wrote, "privacy is a fundamental human right. In the 21st century, it may become one of the most critical human rights of all." Speaking in Brussels, Mr. Rotenberg reiterated EPIC's support for the Convention and also called attention to recent changes that modernize and update the international privacy framework.

January 30, 2012

EPIC to Recommend Changes to Video Privacy Law

At a hearing before the Senate Judiciary Committee, EPIC Executive Director Marc Rotenberg is expected to make several recommendations to Congress about how to update and modernize the Video Privacy Protection Act, a law passed by Congress in 1988. Among the changes recommended, EPIC will propose that Congress make clear that the law covers all video service providers (including Netflix), allow users to inspect the information that video providers collect about them as well as the algorithms that are used to recommend selections, treat IP addresses and user IDs as "personally identifiable information," inflation-adjust the damages provision, and require companies to encrypt the data collected on users. For more information, see EPIC Video Privacy Protection. Read EPIC's testimony.

About January 2012

This page contains all entries posted to epic.org in January 2012. They are listed from oldest to newest.

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