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April 2012 Archives

April 28, 2012

Drone Summit: Killing and Spying by Remote Control

Drone Summit: Killing and Spying by Remote Control

Amie Stepanovich,
EPIC National Security Counsel

CodePink

Washington, D.C.
April 28, 2012

Posted by EPIC on April 28, 2012 1:14 PM | | TrackBacks (0)

April 2, 2012

FTC Announces $30 Million Penalty Against Deceptive Robocallers

The Federal Trade Commission announced that a federal judge has ordered the defendants behind a deceptive robocall scheme to pay a $30 million civil penalty and surrender more than $1.1 million in ill-gotten gains. The scheme promised "cash grants" to individuals—many of whom were on the Do No Call Registry--but merely referred them to grant-related websites that charged a fee for providing general information about obtaining grants from private sources. The FTC determined that the robocalls violated the FTC Act and the Telemarketing Sales Rule. For more information, see EPIC: Federal Trade Commission and EPIC: Telephone Consumer Protection Act.

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Posted by EPIC on April 2, 2012 11:22 AM | | TrackBacks (0)

Will Big Data and Big Money Mean Big Trouble?

"Will Big Data and Big Money Mean Big Trouble?"

Marc Rotenberg,
EPIC Executive Director

To the Point with Warren Olney
KCRW
April 2, 2012

Also see, Aspen Institute: "The Promise and Peril of Big Data"

Posted by EPIC on April 2, 2012 2:16 PM | | TrackBacks (0)

EPIC Urges Court to Affirm Privacy Protections for Home Wi-Fi Networks

EPIC has filed an amicus brief in the Ninth Circuit urging the court to affirm legal protections for users of home Wi-Fi networks. In Joffe v. Google, the plaintiffs sued Google for the interception and capture of private communications transferred over residential Wi-Fi networks. Google argued that it should be exempt from liability under the federal Wiretap Act because Wi-Fi communications are "readily accessible to the general public." However, a lower court held that saying "that a network is unencrypted does not render that network readily accessible to the general public and serve to remove the intentional interception of electronic communications from that network from liability under the ECPA." EPIC's brief for the Court of Appeals, which contains a detailed technical discussion of Wi-Fi technology, explains that residential Wi-Fi networks are unlike traditional radio broadcasts and should be protected Electronic Communications Privacy Act. EPIC also said that consumers should not bear the burden of securing their networks against sophisticated eavesdroppers when the purpose of the ECPA is to protect communications from such interception. For more information, see EPIC: Investigation of Google Street View, EPIC: Ben Joffe v. Google.

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Posted by EPIC on April 2, 2012 6:14 PM | | TrackBacks (0)

April 4, 2012

Divided Supreme Court Upholds Strip Search of those Arrested for Minor Offenses

In a 5-4 opinion by Justice Kennedy, the Supreme Court held that the suspicionless strip search of a prison detainee does not violate the Fourth Amendment. The case, Florence v. Board of Chosen Freeholders, involved a wrongful arrest based on an invalid warrant. Justices Roberts and Alito filed concurring opinions noting potential exceptions to the Court's general rule, such as when a detainee will be kept separate from the general prison population. Justice Breyer's dissenting opinion argued that strip searches are an "affront to human dignity and to individual privacy," and questioned whether they are necessary given other, less intrusive, screening methods available. EPIC has opposed the use of airport body scanners, which collect images of naked air travelers, and filed an amicus brief challenging a wrongful arrest based on errors in a Government database. For more information, see: EPIC: Herring v. US.

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Posted by EPIC on April 4, 2012 12:32 PM | | TrackBacks (0)

EPIC to Commerce Department: Establish Privacy Rights

EPIC submitted comments to the National Telecommunications and Information Administration of the Department of Commerce, urging the agency to implement the principles set out in the White House Consumer Privacy Bill of Rights. The Department of Commerce announced it would convene a multistakeholder process to develop enforceable codes of conduct for consumer privacy protection. EPIC wrote that the Administrative Procedures Act is a more effective and transparent way to solicit public comment and produce a meaningful outcome. For more information, see EPIC: White House - Consumer Privacy Bill of Rights and EPIC: Administrative Procedure Act Comments.

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Posted by EPIC on April 4, 2012 1:09 PM | | TrackBacks (0)

Survey Finds Widespread Consumer Concerns about Online Privacy

A national survey by Consumer Reports found that most consumers had serious concerns about their online privacy and about the collection and use of their personal data. 71 percent of respondents said they were very concerned about companies disclosing their information without their permission; 65 percent of smartphone owners were very concerned that apps could access their contacts, photos, and location data without their permission; and 53 percent were concerned about data about their online activities and purchases being used to deny employment or loans. For more information, see EPIC: Public Opinion on Privacy.

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Posted by EPIC on April 4, 2012 1:37 PM | | TrackBacks (0)

EPIC Obtains New Details on PATRIOT Act

As the result of a Freedom of Information Act request, EPIC has obtained more than 650 pages of documents related to the PATRIOT Act. EPIC had requested information related to the FBI's abuse of PATRIOT Act authorities and documents concerning the 2009 sunset of the PATRIOT Act. The documents disclosed by the FBI include training presentations, answers to questions from Senators Leahy and Specter, and a list of reporting requirements. In an answer to Senator Leahy, the FBI stated that while it would discontinue the use of exigent letters, which the Inspector General had previously noted as a frequent source of abuse, the agency planned to continue its use of the emergency disclosures provision of the Electronic Communications Privacy Act. For more information, see EPIC: USA PATRIOT Act.

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Posted by EPIC on April 4, 2012 4:16 PM | | TrackBacks (0)

April 9, 2012

EPIC Urges Federal Appeals Court Court to Uphold Workplace Privacy

EPIC has filed an amicus brief in United States v. Hamilton, urging the Fourth Circuit Court of Appeals to uphold employee privacy interests in personal e-mails. The Government contends that it may obtain private emails from an employer even when they are privileged communications between spouses and there is no use policy in place, explaining that communications are subject to disclosure. The district court agreed. EPIC argued that employees in the modern workplace routinely communicate about private matters with spouses and that an employee's privacy interest cannot be retroactively waived by a use policy implemented a year later, as the lower court suggested. For more information, see EPIC: Workplace Privacy and EPIC: United States v. Hamilton.

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Posted by EPIC on April 9, 2012 4:03 PM | | TrackBacks (0)

April 10, 2012

Bennett, Calo, Donohue, Dwork, Kerr, and Pasquale Join EPIC Advisory Board

EPIC has announced the 2012 members of the EPIC Advisory Board. They are Colin Bennett, Professor of Political Science at University of Victoria; Ryan Calo, Director of Privacy and Robotics, Center for Internet and Society at Stanford Law School; Laura Donohue, Associate Professor at Georgetown University Law Center; Cynthia Dwork, Distinguished Scientist, Microsoft Research; Orin Kerr, Professor of Law at George Washington University; and Frank A. Pasquale , Professor of Law at Seton Hall University. The EPIC Advisory Board is a distinguished group of experts in law, technology, and public policy. Joining the EPIC Board of Directors in 2012 are Grayson Barber, Pamela Jones Harbor and Ray Ozzie. Press Release. For more information, see EPIC: EPIC Advisory Board.

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Posted by EPIC on April 10, 2012 4:41 PM | | TrackBacks (0)

April 11, 2012

Maryland Passes Bill Banning Employers from Demanding Facebook Information

The Maryland legislature passed the first bill banning employers from asking employees or applicants for social networking passwords. The bill was introduced after Robert Collins, an employee at the Department of Public Safety and Correctional Services, was asked to turn over his Facebook password as part the process of being reinstated as a corrections officer. Recently, Senators Blumenthal and Schumer asked the Equal Employment Opportunity Commission and the U.S. Department of Justice to investigate the practice of employers asking job applicants to surrender user names and passwords for social networking sites like Facebook. For more information, see EPIC: Workplace Privacy and EPIC: Facebook Privacy.

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Posted by EPIC on April 11, 2012 3:46 PM | | TrackBacks (0)

April 19, 2012

"Choose Privacy Week: Government surveillance in a digital age"

Amie Stepanovich,
EPIC Associate Litigation Counsel

American Library Association
April 19, 2012
(Registration)

Posted by EPIC on April 19, 2012 5:04 PM | | TrackBacks (0)

April 12, 2012

Facebook Offers Revised “Download Your Information” Option

The New York Times reported that Facebook would provide users with a downloadable archive containing many types of data that the company stores about users. Although the new archive contains more user information than Facebook first offered in 2010, Max Schrems, the German law student and founder of Europe v. Facebook, said that Facebook is still only providing 39 of 84 data categories. EPIC called on Facebook to give users full access to all of the data that the company keeps about them through EPIC’s Know What They Know campaign. In comments on a settlement between Facebook and the Federal Trade Commission, EPIC recommended that the FTC require Facebook to give users full access to their data. For more information, see EPIC: Facebook Privacy and EPIC: Know What They Know.

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Posted by EPIC on April 12, 2012 3:28 PM | | TrackBacks (0)

April 16, 2012

FCC Fines Google $25,000 for Failure to Cooperate with Street View Investigation

The Federal Communications Commission announced that it will fine Google $25,000 for obstructing an investigation concerning Google Street View and federal wiretap law. The Commission found that Google impeded by "delaying its search for and production of responsive emails and other communications, by failing to identify employees, and by withholding verification of the completeness and accuracy of its submissions." In May 2010, EPIC wrote to the FCC and urged the agency to undertake an investigation after it became clear that Google had intercepted the private communications of millions of users of wi-fi networks in the United States. Shortly afterward, the head of the FCC Bureau of Consumer and Governmental Affairs wrote that Google's behavior "clearly infringes on consumer privacy." Many countries around the world have found Google guilty of violating national privacy laws. Surprisingly, the FCC said that Google had not violated the federal wiretap act, even though a federal court recently held otherwise. For more information, see EPIC: Investigations of Google Street View and EPIC: Ben Joffe v. Google.

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Posted by EPIC on April 16, 2012 10:17 AM | | TrackBacks (0)

April 19, 2012

"Food for Thought" Training Seminar The Impact of the Consumer Privacy Bill of Rights

"Food for Thought" Training Seminar The Impact of the Consumer Privacy Bill of Rights

Lillie Coney,
Associate Director

ASAP
Washington, DC
April 19, 2012

Posted by EPIC on April 19, 2012 2:08 PM | | TrackBacks (0)

April 17, 2012

EPIC Urges Justice Department to Investigate Google for Unlawful Wiretapping

EPIC wrote a letter to Attorney General Eric Holder asking the Department of Justice to investigate Google’s collection of Wi-Fi data from residential networks by means of "Street View" vehicles. The Federal Communications Commission recently fined Google $25,000 for obstructing an investigation concerning Street View and federal wiretap law. But as EPIC noted "by the agency’s own admission, the investigation conducted was inadequate and did not address the applicability of federal wiretapping law to Google's interception of emails, usernames, passwords, browsing histories, and other personal information." Members of Congress have expressed support for EPIC's recommendation to the Justice Department. Senator Richard Blumenthal said that "Google's interception and collection of private wireless data potentially violates the Wiretap Act or other federal statutes, and I believe the Justice Department and state attorneys general should fully investigate this matter." Congressman Ed Markey said that "[t]his fine is a mere slap on the wrist for Google," and called for a more comprehensive investigation. Many countries have found Google guilty of violating national privacy laws, and a US federal court recently held that unencrypted wireless network communications are not exempt from the protections of the Wiretap Act. For more information, see EPIC: Investigation of Google Street View and EPIC: Ben Joffe v. Google.

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Posted by EPIC on April 17, 2012 12:04 PM | | TrackBacks (0)

April 20, 2012

ACLU Youth Open Mike on Online Privacy

Ginger McCall,
Director, Open Government Project

ACLU of the Nation's Capital
Washington, DC
April 20, 2012

Posted by EPIC on April 20, 2012 2:21 PM | | TrackBacks (0)

April 18, 2012

Coalition Urges Congress to Remove Cybersecurity FOIA Limitations

An open government coalition has asked House lawmakers to oppose provisions in "CISPA" that would cut off public access to information held by federal agencies. The Cyber Intelligence Sharing and Protection Act would allow the government to refuse to disclose broad swaths of information, otherwise subject to FOIA, that companies provide to the government. More than three dozen groups have signed the petition - including Openthegovernment.org, the Sunlight Foundation, Project On Government Oversight, and EFF. The groups have asserted that the legislation "constitutes a wholesale attack on public access to information under the Freedom of Information Act" and would impede the public's ability to evaluate whether the government is adequately combating cybersecurity threats. In a statement for a hearing on the FOIA and critical infrastructure information, EPIC also warned against new FOIA exemptions and said that the National Security Agency has become a "black hole" for public information about cybersecurity. For more information see EPIC: Cybersecurity, EPIC: EPIC v. NSA, Litigation Under the Federal Open Government Laws 2010.

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Posted by EPIC on April 18, 2012 3:17 PM | | TrackBacks (0)

April 19, 2012

EPIC Demands Details of Federal Communications Commission's Google Investigation

EPIC has filed a FOIA request for the unredacted version of the FCC's Google Street View report. The Federal Communications Commission announced that it will fine Google $25,000 for obstructing an investigation concerning Google Street View and federal wiretap law. A heavily redacted report released this week revealed that the Commission found that Google impeded the investigation by "delaying its search for and production of responsive emails and other communications, by failing to identify employees, and by withholding verification of the completeness and accuracy of its submissions." But the redacted report also raised questions about the scope of the FCC' Street View investigation. Surprisingly, the FCC concluded that Google had not violated the federal wiretap act, even though a federal court recently held otherwise. For more information, see EPIC: Investigations of Google Street View.

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Posted by EPIC on April 19, 2012 11:20 AM | | TrackBacks (0)

Bi-Partisan Privacy Caucus Demands Answers on Drones and Privacy

Congressman Markey (D-Mass) and Congressman Barton (R-TX) sent a letter to the Federal Aviation Administration (FAA), raising concerns about the increased use of drones in the United States. The Congressmen noted, "there is...potential for drone technology to enable invasive and pervasive surveillance without adequate privacy protections." The letter called on the FAA's Acting Administrator to supply key information about the drone program, including plans to ensure that the drone licensing process includes privacy protections and public transparency. In February, EPIC, joined by a coalition of more than 100 organizations, experts, and members of the public, petitioned the FAA to conduct a rulemaking on the privacy implications of domestic drone use. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

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Posted by EPIC on April 19, 2012 4:06 PM | | TrackBacks (0)

April 22, 2012

Privacy and Data Protection - Evaluating Obligations Under Applicable Laws and Regulations

Privacy and Data Protection - Evaluating Obligations Under Applicable Laws and Regulations

Lillie Coney,
Associate Director

World Jurist Association
Washington, DC
April 22, 2012

Posted by EPIC on April 22, 2012 1:57 PM | | TrackBacks (0)

April 23, 2012

Department of Homeland Security Expands Use of Watch Lists for "Known Traveler" Program

The Department of Homeland Security has published a Privacy Impact Assessment Update for Secure Flight, a DHS program that compares airline passenger records with various watch lists. The assessment describes the agency's plans to expand the Known Traveler program so as to expedite airline screening for certain categories of individuals. The DHS also intends to incorporate into Secure Flight the Automated Targeting System, a controversial program that allows the government to assign a risk assessment number to individual travelers. That number provides the basis for further screening. In 2007, EPIC urged DHS to either suspend the Automated Targeting System or to fully apply all Privacy Act safeguards to any individual subject to ATS. In 2010, EPIC advocated for stronger privacy protections of DHS trusted traveler programs that compare passenger names against watch lists. For more information, see EPIC: Secure Flight and EPIC: Automated Targeting Systems.

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Posted by EPIC on April 23, 2012 4:58 PM | | TrackBacks (0)

Facebook Asks for Feedback after Policy Changes

Facebook has re-opened its Statement of Rights and Responsibilities for comment after making changes to the original document. Although users’ personal data can still be accessed by the apps of their friends, Facebook clarified that users could prevent this by changing the “Apps and Websites” settings. Facebook also deleted a provision reserving the right to “exclude or limit the provision of any service or feature in our sole discretion” in certain geographic areas after users raised concerns about censorship. The FTC recently issued a proposed settlement with Facebook after finding that Facebook "deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public." The settlement follows from complaints filed by EPIC and other consumer and privacy organizations in 2009 and 2010 and bars Facebook from changing privacy settings without the affirmative consent of users or misrepresenting the privacy or security of users' personal information. In comments filed with the FTC, EPIC recommended that Facebook restore the privacy settings that users had in place when the violations occurred. In response to Facebook's prior policy change, EPIC noted that the data-disclosure practices of applications implicated issues that led the creation of the consent order. For more information, see EPIC: Facebook Privacy, and EPIC: FTC Facebook Settlement.

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Posted by EPIC on April 23, 2012 5:06 PM | | TrackBacks (0)

April 24, 2012

White House Targets Use of Technology by Human Rights Abusers

President Obama signed an executive order authorizing U.S. officials to impose sanctions against persons involved in the use of information and communications technology to facilitate human rights abuses in Syria and Iran. EPIC previously filed a Freedom of Information Act request seeking information regarding the export of surveillance technology by U.S. companies. In 2006, EPIC urged the Commerce Department to reexamine policies that allow for the export of surveillance technology to China. For more information, see EPIC: Freedom of Information Act.

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Posted by EPIC on April 24, 2012 1:02 PM | | TrackBacks (0)

April 26, 2012

Google Terms of Service Grant Company Broad Rights over Data of Google Drive Users

Google’s Terms of Service--which govern Google’s cloud-based file storage, Google Drive--give the company the right to “reproduce, modify, create derivative works” using uploaded content, as well as to “publicly perform, [and] publicly display” files. In 2009, EPIC asked the FTC to require privacy safeguards for Google's cloud-based services. EPIC cited previously-discovered privacy and security flaws, including one that disclosed user-generated documents saved on Google Docs to users of the service who lacked permission to view the files, and another that permitted unauthorized individuals to access user-generated Google Docs content. For more information, see EPIC: Cloud Computing and Privacy.

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Posted by EPIC on April 26, 2012 4:42 PM | | TrackBacks (0)

District Court Panel Admonishes South Carolina in Voter ID Case

A three-judge panel overseeing a critical voter ID case, State of South Carolina v United States of America, set out an unusually detailed requirements in an Scheduling and Procedures Order issued today. According to the concurring statement of Judge Bates, joined by Judge Kollar-Kotelly, the state has engaged in delaying tactics even as it has urged a swift resolution of the matter, concerning new voting ID procedures adopted by the state. The court cited South Carolina's lack of responsiveness to the Department of Justice, "despite repeated requests" for the "final versions of the implementing procedures" for provisions of the law. The court expects to issue a final ruling in early September 2012., prior to the fall Presidential election. For more information, see EPIC: Voter Photo ID and Privacy.

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Posted by EPIC on April 26, 2012 5:11 PM | | TrackBacks (0)

April 27, 2012

EPIC Files Suit for FBI "Sting Ray" Cell Phone Tracking Documents

EPIC has filed a FOIA lawsuit against the FBI for documents related to the Government's use of cell phone tracking technology, known as "Sting Ray.".For more than 15 years the FBI has used cell-site simulator technology to track the location of a cell phones and other communications devices. Cell-site simulators act like a fake cell towers and can be used to monitor and track cell phone users even when the device is not in use. The technique also tracks all individuals in a region, irregardless of whether they are the suspect in an investigation. Government attorneys have recently fought against the discovery of documents related to the use of these devices. In February 2012, EPIC filed a Freedom of Information Act request with the FBI, but so far the agency has not responded or disclosed any documents as required by law. EPIC has recently filed amicus curiae briefs in Supreme Court, and Federal Court cases related to Government location tracking. For more information see: EPIC: Locational Privacy, EPIC: US v. Jones and EPIC: In re US Application for Historic Cell-Site Location Information.

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Posted by EPIC on April 27, 2012 11:11 AM | | TrackBacks (0)

Flawed Cybersecurity Bill Passes House, Headed for Senate without Privacy, FOIA Safeguards

The House of Representatives passed the Cyber Intelligence Information Protection Act ("CISPA"), a cybersecurity bill that allows the government to obtain detailed information about Internet users from the private sector. The bill preempts established privacy protections in other federal laws and opens the door for increased surveillance of individuals in the United States. The bill also creates a new Freedom of Information Act exemption, which will reduce government transparency and accountability. Earlier this year, EPIC said in a statement to the Senate that the Freedom of Information Act provides the public important information about network security, and warned that the National Security Agency has become a “black hole” for public information about cybersecurity. For more information, see EPIC: Cybersecurity and EPIC: EPIC v. NSA (FOIA for NSA Cybersecurity Authority), and EPIC: EPIC v. NSA (FOIA for Google/NSA Relatioship).

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Posted by EPIC on April 27, 2012 4:00 PM | | TrackBacks (0)

EPIC Pursues Justice Dept. Records of Google Street View Investigation

EPIC has submitted a FOIA request to the Department of Justice for documents related to the agency's investigation of Google Street View and possible violations of federal wiretap laws. In an April 26, 2012 letter to the FCC In a related matter, Google claimed that the Department of Justice had "conducted and long ago completed its own thorough examination of the facts" related to the Google Street View matter. EPIC had asked the Justice Department to pursuer the matter. EPIC also has a pending FOIA request for the FCC's heavily redacted report on the Google Street View investigation. For more information see EPIC: Investigations of Google Street View.

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Posted by EPIC on April 27, 2012 5:24 PM | | TrackBacks (0)

EPIC Appeals Denial in Surveillance Export FOIA Request; Files Follow-Up Request

EPIC has appealed a denial of a Freedom of Information Act request that sought records concerning the sale of surveillance technology by U.S. companies to repressive regimes like Syria and Yemen. "The failure to adequately justify the claim that no segregable portions of records exist violates FOIA, especially given the past practice of releasing aggregate data in response to substantially similar requests," the appeal states. EPIC also filed a follow-up request to the Department of Commerce seeking records related to the agency's investigation of companies like Blue Coat Systems, which sold surveillance devices to Syria. Recently, President Obama signed an executive order authorizing U.S. officials to impose sanctions against persons involved in the use of information and communications technology to facilitate human rights abuses in Syria and Iran. For more information, see EPIC: Freedom of Information Act.

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Posted by EPIC on April 27, 2012 6:15 PM | | TrackBacks (0)

April 30, 2012

Following EPIC FOIA Request to FCC, Google Releases "Spy-Fi" Report

Shortly after EPIC filed a Freedom of Information Act request with the Federal Communications Commission for the unredacted version of its report on Google Spy-Fi, Google has released a mostly unredacted version of the report. The FCC Report undercuts the company's prior statements that a rogue engineer was responsible for the payload data collection. Instead, it indicates that Google intentionally intercepted payload data for business purposes and that many supervisors and engineers within the company reviewed the code and the design documents associated with the project. EPIC will continue to press for more details on the investigation through FOIA requests to the Federal Communications Commission and the Department of Justice. For more information see EPIC: Investigations of Google Street View.

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Posted by EPIC on April 30, 2012 4:30 PM | | TrackBacks (0)

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About April 2012

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

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