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January 2013 Archives

January 2, 2013

EPIC Obtains Documents on NSA's "Perfect Citizen" Program

The NSA has turned over documents on the controversial "Perfect Citizen" program to EPIC in response to a FOIA request. "Perfect Citizen" is an NSA program that monitors private networks in the United States. The redacted documents obtained from the federal agency by EPIC state that "[t]he prevention of a loss due to a cyber or physical attack [on Sensitive Control Systems, like large-scale utilities], or recovery of operational capability after such an event, is crucial to the continuity of the [Department of Defense] , the [Intelligence Community], and the operation of SIGNIT systems." The NSA claims that Perfect Citizen is merely a research and development program. The documents obtained by EPIC suggest that the program is operational. For more information, see EPIC: Perfect Citizen.

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Posted by EPIC on January 2, 2013 12:27 PM | | TrackBacks (0)

January 15, 2013

EPIC - Drones and Domestic Surveillance

"EPIC - Drones and Domestic Surveillance"

National Press Club Logo

National Press Club
Washington, D.C.
9-11 a.m.
Jan. 15, 2013

Posted by EPIC on January 15, 2013 12:04 PM | | TrackBacks (0)

January 3, 2013

Interior Department Issues Revised FOIA Regulations, Addresses Some Open Government Concerns

The Interior Department has issued a final rule amending its FOIA regulations. In November 2012, EPIC submitted comments regarding the agency's proposed amendments, urging the Interior Department not to weaken the FOIA as it had proposed. The final rule incorporates several of EPIC's recommendations. For example, the Interior Department will provide examples of how FOIA requesters can reasonably describe the records they seek, and notify requesters in advance before charging them direct costs of converting records to a requested format. Additionally, the Interior Department clarified ambiguous language that would negatively impact FOIA requesters' rights. EPIC routinely comments on agency proposals that impact the rights of FOIA requesters. EPIC recently submitted extensive comments to the Defense Logistics Agency of the Department of Defense, warning the agency not to erect new obstacles for FOIA requesters. For more information, see EPIC: Open Government.

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Posted by EPIC on January 3, 2013 5:31 PM | | TrackBacks (0)

FTC Closes Investigation into Google Search Bias

The Federal Trade Commission announced that it had concluded its investigation into allegedly anticompetitive practices by Google. The Commission reached a settlement with Google that would give competitors access to patents necessary to make smart phones, laptops, and other devices, and Google voluntarily agreed to stop borrowing others' content for use in its own services. On the issue of search bias, however, the Commission decided to close the investigation without taking action. Despite finding some evidence that changes to the company's search algorithm harmed competitors, the Commission said that these changes "could be plausibly justified as innovations that improved Google's product and the experience of its users." In 2011, EPIC wrote to the Commission about Google's use of Youtube search rankings to give preferential treatment to its own video content over non-Google content. EPIC had also opposed Google's acquisition of online advertiser Doubleclick, which was approved by the FTC over the objection of former FTC Commissioner Pamela Harbor. EPIC later testified before the Antitrust committee on Google's growing dominance of essential Internet services. For more information, see EPIC: Federal Trade Commission and EPIC: Google/DoubleClick.

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Posted by EPIC on January 3, 2013 5:34 PM | | TrackBacks (0)

Health Care, the Cloud, and Privacy

"Health Care, the Cloud, and Privacy"

Lillie Coney,
EPIC Associate Director

Patient Privacy Rights
Washington, D.C.
January 7, 2013

Posted by EPIC on January 3, 2013 5:44 PM | | TrackBacks (0)

January 23, 2013

"Bridging the EU-US Privacy Divide"

Marc Rotenberg,
EPIC President

CPDP 2013
Brussels, Belgium
January 23, 2013

Posted by EPIC on January 23, 2013 12:52 PM | | TrackBacks (0)

January 8, 2013

European Parliament Moves Forward on Privacy Update

The European Parliament has indicated strong support for a proposal put forward by the European Commission to update European Union privacy law. In reports on the the New Directive and New Regulation, the Parliament recommends greater power for data protection agencies and new rights for data subjects. The comprehensive update of the 1995 EU Data Protection Directive simplifies compliance procedures and also creates new incentives for anonymized and psuedonymized data to help protect privacy. Last fall, EPIC President Marc Rotenberg testified before the European Parliament in support of the proposed reform. More than 20 US consumer organizations have expressed support for the European privacy initiative. For more information, see EPIC: EU Data Protection Directive.

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Posted by EPIC on January 8, 2013 4:23 PM | | TrackBacks (0)

Supreme Court to Consider Law that Protects Privacy of Drivers' Records

The Supreme Court is set to hear arguments in Maracich v. Spears, a case involving the Drivers' Privacy Protection Act. The Court agreed to hear the case after a lower could ruled that impermissible uses of personal data held by DMVs were "inextricably intertwined" with permissible uses. The Supreme Court previously said that the law "establishes a regulatory scheme that restricts the States' ability to disclose a driver's personal information without the driver's consent." EPIC filed an amicus curiae brief in support of the Petitioners, urging that the Court overturn the lower court's judgment. EPIC's brief details the staggering amount of personal information contained in driver records, particularly as a consequence of the REAL ID regulations. EPIC argues that "changes in technology have increased the risk of the underlying harm that Congress sought to address. Therefore, the Court should narrowly construe the statutory exceptions." The EPIC amicus brief is joined by twenty-seven technical experts and legal scholars. For more information, see EPIC: Maracich v. Spears, EPIC: The Driver's Privacy Protection Act, and EPIC: National ID and REAL ID.

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Posted by EPIC on January 8, 2013 5:45 PM | | TrackBacks (0)

January 9, 2013

EPIC Succeeds in Fight Against Protective Order in FOIA Case

A federal judge has vacated provisions in a prior order that would have limited the ability of FOIA requesters to disseminate information to the public. EPIC filed a Freedom of Information Act lawsuit against the Department of Homeland Security after the agency failed to respond to a request for documents about a plan to monitor internet traffic. In arguments before the court, the Department of Justice contended that EPIC should agree to a protective order that would prevent EPIC from disclosing documents obtained in the case. EPIC challenged this argument, stating that it was contrary to FOIA law and that the use of protective orders in FOIA cases would make it more difficult for the public to obtain information about government activities. Judge Kessler agreed with EPIC and discarded the protective order requirement. She also chastised the agency for its repeated delays in processing EPIC's FOIA request. The case is EPIC v. DHS, 12-333. For more information see: EPIC v. DHS - Defense Contractor Monitoring.

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Posted by EPIC on January 9, 2013 2:25 PM | | TrackBacks (0)

January 10, 2013

California Attorney General Releases Mobile App Privacy Guidelines

California Attorney General Kamala Harris has issued a report describing best practices for mobile application privacy. The report, "Privacy on the Go," recommends that app developers implement safeguards such as privacy-by-design and notice, but stops short of setting forth a comprehensive set of Fair Information Practices. The report follows a law that requires all service providers doing business in California, such as mobile app developers, to have a privacy policy available to consumers. The report also occurs while the White House's privacy multistakeholder process is attempting to develop a voluntary code of conduct for mobile app transparency. For more information, see EPIC: Mobile and Location Privacy.

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Posted by EPIC on January 10, 2013 5:41 PM | | TrackBacks (0)

January 23, 2013

Building the Digital Fortress: A Toolkit for Cyber Security

Building the Digital Fortress: A Toolkit for Cyber Security

Lillie Coney,
EPIC Associate Director

CPDP 2013
Brussels, Belgium
January 23, 2013

Presentation

Posted by EPIC on January 23, 2013 4:16 PM | | TrackBacks (0)

January 30, 2013

Advancing Our Media Justice Agenda Under a New Administration

Advancing Our Media Justice Agenda Under a New Administration

Lillie Coney,
EPIC Associate Director

Media Grass Roots Network
Washington, DC
January 30, 2013

Posted by EPIC on January 30, 2013 4:17 PM | | TrackBacks (0)

January 15, 2013

EPIC Hosts Event on Drones and Surveillance at National Press Club

On January 15, 2013 EPIC hosted "Drones and Domestic Surveillance," at the National Press Club in Washington, DC. The symposium brought together experts in law, technology, and public policy to discuss the expanding use of unmanned vehicles in the United States. The event featured Representative Ted Poe (R-TX) as the keynote speaker and was moderated by EPIC's Executive Director, Marc Rotenberg. Congressman Poe announced his plans to introduce a bill in 2013, co-sponsored by Congresswoman Zoe Lofgren (D-CA) to protect privacy against increased drone use. Panelists at the event included technologist Bruce Schneier, privacy scholars Laura Donohue and Orin Kerr, CATO fellow Julian Sanchez, EPIC's Amie Stepanovich, and Gretchen West of AUVSI. EPIC, and a coalition of experts and organizations, have petitioned the Federal Aviation Administration to develop privacy regulations for drone use. For more information, see EPIC: Drones and Domestic Surveillance and EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

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Posted by EPIC on January 15, 2013 5:01 PM | | TrackBacks (0)

January 17, 2013

TSA Resurrects Use of Commercial Data for Passenger Screening

The TSA is considering the use of commercial data to screen passengers, a controversial practice that was previously blocked in Washington. In 2005 Congress suspended funding for Secure Flight, a program that relied on the use of commercial data, after EPIC, the General Accounting Office, and others identified security and privacy vulnerabilities. TSA's current effort also comes as the Federal Trade Commission is studying the practices of the data broker industry. For more information, see EPIC: Secure Flight and EPIC: Passenger Profiling.

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Posted by EPIC on January 17, 2013 5:26 PM | | TrackBacks (0)

Senator Leahy Sets Out Judiciary Committee Agenda for New Congress

On January 16, 2013, Georgetown University Law School hosted Senator Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee. Leahy set out the agenda of the Judiciary Committee in the 113th Congress, vowing to commit the Committee to addressing "out most fundamental rights, and our most basic freedoms." Updates to key legislation, including laws on e-mail privacy and cybersecurity, are included in the Committee's agenda. The Chairman explained that the Committee would also address the need for oversight of US counterterrorism programs as well as privacy issues involved with the growing use of domestic surveillance drones. Furthermore, Senator Leahy emphasized the importance of open government as an American value, promising to "continue to fight for transparency that keeps the government accountable to the people." For more information, see EPIC: Electronic Communications Privacy Act, EPIC: Open Government, and EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

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Posted by EPIC on January 17, 2013 5:38 PM | | TrackBacks (0)

New Study Finds Limits in Deidentification of DNA Samples

A recent paper published in Science reveals that deidentified DNA sequences collected for research purposes can be used to identify the subjects under certain circumstances. According to the article, the information posted by the 1,000 Genomes Project - age, state of residence, and full DNA sequence - used in combination with publicly available genealogy data was enough to narrow the search to a few likely individuals. A Science Policy Forum article concludes that this "reveals the need to re-examine the current paradigms for managing the potential identifiability of genomic and other 'omic'-type data." The President's Commission for the Study of Bioethical Issues recently reviewed the ethical and privacy implications of the use and collection of genetic data. And the Supreme Court is set to hear a case next month involving the warrantless collection and use of genetic information by law enforcement agencies. For more information, see EPIC: Maryland v. King and EPIC: Genetic Privacy.

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Posted by EPIC on January 17, 2013 6:05 PM | | TrackBacks (0)

January 18, 2013

TSA to Pull Naked Body Scanners Out of US Airports

The US Transportation Security Administration will end the contract for backscatter x-ray devices. As a consequence, all devices that produce a detailed naked image of air travelers will be removed from US airports. Beginning in 2005, EPIC and then a coalition of privacy advocates, scientists, legal experts and lawmakers urged the TSA not to deploy the devices. The groups petitioned DHS Secretary Napolitano to suspend the program pending a thorough review. The agency went forward and EPIC sued. In EPIC v. DHS, the DC Circuit held that the devices could be used as long as passengers were able to opt-out. The federal appeals court also ordered the agency to "promptly" begin a public rulemaking. That process will likely begin in March 2013. For more information, see EPIC: EPIC v. DHS and EPIC: Body Scanners.

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Posted by EPIC on January 18, 2013 10:44 AM | | TrackBacks (0)

FTC Denies White House Involvement in Decision to Close Google Investigation

In response to a FOIA request filed by EPIC, the Federal Trade Commission has stated that there are no records of "communications . . . between the White House and the FTC regarding the Commission's antitrust inquiry into Google." In a closely watched proceeding, the Federal Trade Commission announced in early January that it had closed an antitrust inquiry into Google's business practices. EPIC has previously expressed concern about anticompetitive practices by Internet firms. In 2000, EPIC filed a complaint with the Federal TradeCommission regarding the proposed merger of Doubleclick, an Internet advertising company and Abacus, a catalog database firm. In 2007, EPIC opposed Google's acquisition of DoubleClick, which was approved by the FTC over the objection of former FTC Commissioner Pamela Harbor. In 2011, EPIC wrote to the FTC about Google's use of YouTube search rankings to give preferential treatment to its proprietary content over non-Google content. EPIC has also testified before the Senate Judiciary Committee regarding growing market concentration of essential Internet services. For more information, see EPIC: Open Government and EPIC: Federal Trade Commission.

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Posted by EPIC on January 18, 2013 1:24 PM | | TrackBacks (0)

January 29, 2013

Cyber-security/Privacy

Lillie Coney,
EPIC Associate Director

Dialogue on Diversity 2013
Washington, DC
January 29, 2013

Presentation

Posted by EPIC on January 29, 2013 3:55 PM | | TrackBacks (0)

January 22, 2013

In Federal Court EPIC Defends Student Privacy

In documents filed with a federal court in Washington, DC, EPIC is challenging changes to the Family Educational Rights and Privacy Act (FERPA). The revised regulations, issued by the Education Department, allow the release of student records for non-academic purposes and undercut parental consent provisions. The rule change also promotes the public use of student IDs that enable access to private educational records. In 2011, EPIC submitted extensive comments to the agency, opposing the changes and arguing for the need to safeguard privacy. After the Education Department failed to make necessary changes, EPIC filed a lawsuit and argued that the agency exceeded its authority with the changes, and also that the revised regulations are not in accordance with the 1974 privacy law. EPIC is joined in the lawsuit by members of the EPIC Board of Directors and Advisory Board Grayson Barber, Pablo Garcia Molina, Peter Neumann, and Deborah Peel. For more information, see EPIC: EPIC v. The U.S. Department of Education and EPIC: Student Privacy.

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Posted by EPIC on January 22, 2013 1:32 PM | | TrackBacks (0)

January 24, 2013

EPIC Gives 2013 Privacy Champion Award to Austrian Privacy Advocate

EPIC has given the 2013 International Privacy Champion Award to Max Schrems, the organizer of Europe v. Facebook. (Support). EPIC called Max "an innovative and effective spokesperson for the right to privacy." EPIC cited his work to obtain his personal information collected by Facebook, which has inspired more than 40,000 users around the world to make similar access requests, helping to ensure greater transparency of Internet companies. Previous award recipients include Canadian Privacy Commissioner Jennifer Stoddart, European Parliamentarian Sophie In't Veld, Australian Jurist Michael Kirby, and Constitutional Law Scholar Stefano Rodotà. The award is given by EPIC annually in recognition of January 28, International Privacy Day.

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Posted by EPIC on January 24, 2013 11:12 AM | | TrackBacks (0)

January 30, 2013

"Instagram: Photography, Privacy, and the Internet"

"Instagram: Photography, Privacy, and the Internet"

Marc Rotenberg,
EPIC Executive Director

National Press Club
Photography Committee
Washington, DC
January 30, 2013

Posted by EPIC on January 30, 2013 4:36 PM | | TrackBacks (0)

January 28, 2013

Senator Leahy Supports International Privacy Day

Senator Patrick Leahy, Chairman of the Senate Judiciary Committee, today issued a statement in commemoration of January 28, International Data Privacy Day. International privacy day marks the adoption of the Council of Europe Privacy Convention, the first global framework for privacy protection. Senator Leahy said, "In the Digital Age, Americans face new threats to their digital privacy and security as consumers and businesses alike collect, share and store more and more information in cyberspace. Data Privacy Day is an important reminder about the need to improve data privacy as we reap the many benefits of new technologies." EPIC has urged the United States to ratify the Privacy Convention. For more information, see EPIC: Electronic Communications Privacy Act, EPIC: International Privacy Day, and EPIC - Facebook, International Privacy Day.

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Posted by EPIC on January 28, 2013 6:13 PM | | TrackBacks (0)

Survey Names Top 10 Most Trusted Companies for Privacy

The Ponemon Institute has released the 2012 version of a report listing the companies that consumers trust the most with respect to the handling of their personal data. Out of 217 organizations rated, American Express ranked as the most trusted. In general, consumers rated companies in the healthcare and banking industries higher than social media companies and charities. The report also found that “the importance of privacy has steadily trended upward over seven years.” The rankings were generated from a final sample of 6,704 respondents. For more information, see EPIC: Public Opinion on Privacy.

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Posted by EPIC on January 28, 2013 6:20 PM | | TrackBacks (0)

Intelligence Office Describes Privacy Protections for Government Database

The Office of the Director of National Intelligence released an information paper describing the civil liberties and privacy protections incorporated into the National Counterterrorism Center Guidelines. The ODNI is the top intelligence agency in the United States, coordinating the activities of the CIA, the FBI, the DHS, and other federal agencies. An updated version of the Guidelines was approved by Attorney General Holder in March of 2012 and allows the Center to copy databases across the federal government for retention for up to five years. EPIC filed a FOIA lawsuit to uncover, among other things, any data accuracy and security safeguard documentation that covered the updated Guidelines. The Information Paper comes about six months after EPIC filed suit for more details about the program. The Paper details various provisions, including the requirement that a "reasonable belief" that a dataset contains terrorism information is needed to copy a database, the implementation of accuracy and error correction measures, and a prohibition on monitoring U.S. persons purely for engaging in First Amendment protected activities. The ODNI is expected to make its final production of documents to EPIC in the FOIA case on February 12, 2013. For more information, see EPIC: EPIC v. ODNI.

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Posted by EPIC on January 28, 2013 6:23 PM | | TrackBacks (0)

EPIC to Argue for Location Privacy in NJ Supreme Court

The New Jersey Supreme Court will hear arguments on Tuesday in State v. Earls, an important case regarding the privacy of cell phone location information. At issue is whether real-time location data should be disclosed by a cell phone provider without a warrant or a court order. EPIC Appellate Advocacy Counsel Alan Butler will present oral argument along with counsel for the Defendant and amici ACLU-NJ. In response to the Court's request for supplemental briefing, EPIC's brief outlined the current state of location tracking technology and argued that cell phone users have a reasonable expectation of privacy under both the Federal and State constitutions. For more information, see EPIC: State of NJ v. Earls and EPIC: In re Historical CSLI.

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Posted by EPIC on January 28, 2013 6:28 PM | | TrackBacks (0)

January 31, 2013

Report for Congress on Domestic Drone Use Highlights Privacy Concerns

A new report[ from the Congressional Research Service -- "Integration of Drones into Domestic Airspace: Selected Legal Issues" -- states that "perhaps the most contentious issue concerning the introduction of drones into U.S. airspace is the threat that this technology will be used to spy on American citizens." Last year, EPIC warned Congress that "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has petitioned the Federal Aviation Administration to begin a rule making to establish privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

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Posted by EPIC on January 31, 2013 4:19 PM | | TrackBacks (0)

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About January 2013

This page contains all entries posted to epic.org in January 2013. They are listed from oldest to newest.

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