epic.org: February 2019 Archives

EPIC Sues Border Agency about Searches of Cellphones

EPIC will file a lawsuit today to compel a federal agency to release audits so as to determine whether the searches of electronic devices are lawful. The Border Search Directive sets out when and how Customs and Border Patrol officials may inspect cellphones, tablets, and laptop computers of travelers crossing the US border. The Directive requires the agency to develop an auditing mechanism to ensure lawful searches, yet the agency has not published the auditing requirements or the results of the audits. So, EPIC has sed for the release of the procedures. The American Bar Association recently adopted a new policy that urges Congress, the courts, and the Department of Homeland Security to enact legislation and adopt policies to protect the privacy rights of travelers. EPIC filed a related lawsuit against Immigration and Customs Enforcement for information about the warrantless searches of cell phones.

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Posted by EPIC on February 1, 2019 10:05 AM | Permalink

Intelligence Chiefs: New Threats to Democratic Institutions

In a hearing last week, the chiefs of the U.S. intelligence agencies told Senators that foreign adversaries will "increasingly use cyber capabilities" to "seek political, economic, and military advantage." The intelligence leaders further stated that foreign powers are "already looking to the 2020 election" in order to advance their interests, and that those powers will "almost certainly" target online operations to weaken democratic institutions. After the 2016 election, EPIC launched a project on Democracy and Cybersecurity to safeguard democratic institutions. EPIC filed a series of Freedom of Information Act lawsuits to determine the extent of Russian interference: EPIC v. FBI (cyberattack victim notification), EPIC v. ODNI (Russian hacking), EPIC v. IRS I (release of Trump's tax returns), and EPIC v. DHS (election cybersecurity). EPIC has said, "The public has a right to know the details when a foreign government attempts to influence the outcome of a U.S. presidential election. And the public has a right to know what steps have been taken to prevent future attacks."

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Posted by EPIC on February 4, 2019 12:20 PM | Permalink

EPIC to Senate: Oversight Board Must Review Government Use of Facial Recognition, AI

In advance of a hearing about the Privacy and Civil Liberties Oversight Board, EPIC sent a statement to the Senate Judiciary Committee outlining priorities. EPIC said the Civil Liberties Board should (1) release the report on Executive Order 12333; (2) review the use of facial recognition technology and propose safeguards; (3) review the use of artificial intelligence and propose safeguards; and (4) monitor proposals for "smart" borders and assess privacy impacts on US residents. The independent agency reviews federal agency programs to ensure adequate safeguards for privacy and civil liberties. EPIC helped establish the PCLOB. In 2003 EPIC testified before the 9-11 Commission and urged the creation of an independent privacy agency to oversee the surveillance powers established after 9/11. EPIC also set out initial priorities for the PCLOB and spoke at the first meeting of the Oversight Board in 2013. In 2016, EPIC awarded former PCLOB Board Member Judge Patricia Wald with the EPIC Champion of Freedom Award.

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Posted by EPIC on February 5, 2019 11:40 AM | Permalink

Grand Chamber of Human Rights Court to Review UK Surveillance

The European Court of Human Rights Grand Chamber has agreed to review Big Brother Watch v. UK, a case concerning UK surveillance power revealed by Edward Snowden. Last year the Court ruled that the communications surveillance regime narrowly violated human rights, and stopped short of ruling that bulk surveillance violated fundamental rights. The Grand Chamber, a larger panel of judges, has now agreed to hear the case again. The Chamber only agrees to review cases raising important human rights issues. The groups that brought the case requested referral and urged the Court to rule mass surveillance incompatible with human rights. EPIC filed a brief in the original case explaining that the US, which transfers intelligence data to the UK, has "technological capacities" enabling "wide scale surveillance" and that US law do not restrict surveillance of non-U.S. persons abroad. In an article, EPIC called the initial ruling against UK surveillance "narrow" but "important."

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Posted by EPIC on February 5, 2019 3:10 PM | Permalink

EPIC Makes Final Arguments for Injunction Blocking Citizenship Question

EPIC has filed a reply brief in EPIC v. Commerce urging a federal court to block the Census Bureau from adding a citizenship question to the 2020 Census. EPIC alleges that the Census Bureau failed to complete privacy impact assessments, required by law, before it abruptly added the citizenship question last year. Secretary Ross has already suggested that the census data would be used for law enforcement purposes. "Congress expected that the Bureau would conduct a comprehensive privacy review early in the process, not as the census forms were heading to the printer or delivered to the post office," EPIC told the court. A federal court in New York recently blocked the citizenship question, but the Census Bureau has appealed that decision. EPIC filed an amicus brief in the New York case and has long advocated for robust protections for census data. EPIC has also filed numerous successful lawsuits to require privacy impact assessments, including EPIC's lawsuit that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained.

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census
PIA

Posted by EPIC on February 6, 2019 1:05 PM | Permalink

German Competition Authorities Impose Restrictions on Facebook for Privacy Violations

Germany's competition agency has imposed restrictions on Facebook's practice of combining user data from across its platforms, such as WhatsApp and Instagram, and prohibited the company from linking third-party data to specific Facebook user accounts. The agency President said, "Today data are a decisive factor in competition. In the case of Facebook they are the essential factor for establishing the company's dominant position." EPIC has long warned that data consolidation poses a significant threat to competition and innovation. EPIC opposed Facebook's 2014 acquisition of WhatsApp, warning that Facebook would use WhatsApp data on other platforms. In recent comments to the FTC, EPIC told the Commission that Facebook achieved its "dominance through unrivaled access to consumer data." And as early as 2008, EPIC warned that "dominant Internet firms are moving to consolidate their control over the Internet." EPIC continues to oppose platform consolidation, and recently filed an amicus brief, challenging Facebook's web tracking practices.

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Posted by EPIC on February 7, 2019 10:15 AM | Permalink

EPIC to Congress: Update Surveillance Safeguards

In a statement to the House Judiciary Committee, EPIC urged the panel to ensure that the Justice Department updates surveillance procedure after the Supreme Court's decision in Carpenter. EPIC also said the agency should improve reporting on surveillance orders and protect consumers in cases before the Supreme Court. EPIC's comments follow hearings in the Senate for the Attorney General. Senator Leahy pressed the nominee on bulk surveillance and law enforcement access to records held by third parties after the Supreme Court held that such records are protected by the Fourth Amendment.

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Posted by EPIC on February 7, 2019 11:50 AM | Permalink

EPIC To PCLOB: Review 12333, Facial Recognition, AI, Smart Borders, and 702 Authority

In advance of a Privacy and Civil Liberties Oversight Board forum on "Countering Terrorism while Protecting Privacy and Civil Liberties: Where do We Stand in 2019," EPIC sent a statement to the Board outlining priorities. EPIC said the Civil Liberties Board should (1) release the report on Executive Order 12333; (2) limit government use of facial recognition; (3) establish safeguard for government AI use; (4) monitor proposals for "smart" borders and assess privacy impacts on US residents; and (5) reform Section 702 surveillance authority. The independent agency reviews federal agency programs to ensure protections for privacy and civil liberties. EPIC helped establish the PCLOB. In 2003 EPIC testified before the 9-11 Commission and urged the creation of an independent privacy agency to oversee the surveillance powers established after 9/11. EPIC also set out initial priorities for the PCLOB and spoke at the first meeting of the Oversight Board in 2013. In 2016, EPIC awarded former PCLOB Board Member Judge Patricia Wald with the EPIC Champion of Freedom Award.

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Posted by EPIC on February 7, 2019 3:25 PM | Permalink

EPIC to Congress: Update Surveillance Safeguards

In a statement to the House Judiciary Committee, EPIC urged the panel to ensure that the Justice Department update surveillance safeguards and prioritize transparency. EPIC recommended that the Department of Justice work with Congress after the Supreme Court's decision in Carpenter, improve reporting on surveillance orders, and protect consumers in cases before the Supreme Court. EPIC's comments follow nomination hearings in the Senate for the Attorney General. The nominee was pressed on his views on bulk surveillance and law enforcement access to records held by third parties.

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Posted by EPIC on February 8, 2019 10:55 AM | Permalink

Court Denies Injunction in EPIC Census Privacy Suit

A federal court has denied EPIC’s motion for a preliminary injunction and refused to block the Census Bureau from collecting citizenship information via the 2020 Census. As EPIC told the court, the Bureau unlawfully failed to complete multiple privacy impact assessments before it abruptly introduced the citizenship question last year. The court acknowledged that the Bureau must “prepare PIAs that adequately address the collection of citizenship data in the 2020 Census” and noted that “negative policy consequences” could result “if an agency drags its feet in performing its PIA obligations.” Nevertheless, the court held that the Bureau may drag its feet in conducting the required assessments “until the Bureau mails its first batch of Census questionnaires to the public” in 2020. EPIC has filed numerous successful lawsuits to require privacy impact assessments, including EPIC's case that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained. EPIC intends to press forward with the census case, which is captioned EPIC v. Commerce, No. 18-2711 (D.D.C.).

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Posted by John Davisson on February 8, 2019 10:50 PM | Permalink

White House Executive Order on AI Leaves Key Questions Unanswered

President Trump today signed an executive order on Artificial Intelligence that leaves many questions unanswered. EPIC has urged both the White House and Congress to ensure public input on AI policy. EPIC has also proposed the Universal Guidelines for Artificial Intelligence as the basis for AI legislation to reduce bias in decision-making algorithms, ensure digital globalization is inclusive, create human-centered evidence-based policy, promote safety in AI deployment in national security uses, and rebuild trust in institutions. The Universal Guidelines have been endorsed by more than 250 experts and 60 organizations in 40 countries.

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AI

Posted by Caitriona Fitzgerald on February 11, 2019 9:11 PM | Permalink

EPIC Files Appeal to Block Census Citizenship Question

EPIC has filed an expedited appeal in EPIC v. Commerce to block the Census Bureau from collecting citizenship information in the 2020 Census. EPIC alleged that the Bureau failed to complete privacy impact assessments before adding the citizenship question. A lower court held that the Bureau must "prepare PIAs that adequately address the collection of citizenship data in the 2020 Census" and the Bureau conceded it would complete the assessments by March. But the lower court denied EPIC's motion for a preliminary injunction, concluding that the Census Bureau is not required to conduct a privacy assessment "until the Bureau mails its first batch of Census questionnaires to the public," a view entirely at odds with the E-Government Act. EPIC has filed numerous successful lawsuits to require privacy impact assessments, including EPIC's case that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained. EPIC's case in the lower court is captioned EPIC v. Commerce, No. 18-2711 (D.D.C.).

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census

Posted by EPIC on February 12, 2019 6:25 PM | Permalink

State Consumer Protection Report Highlights Privacy Cases

A recent report by the Center for State Enforcement of Antitrust and Consumer Protection Laws highlighted major privacy actions by state attorneys general, including New York's lawsuit against Apple for the FaceTime bug and California's settlement with Aetna for sending letters that revealed, through an oversized clear window, that the recipient was taking HIV-related medication. Several Attorneys General, including the DC attorney general, have sued Facebook over the Cambridge Analytica scandal. EPIC opposes federal preemption of state law, has defended the enforcement powers of state attorneys general, and established the EPIC State Policy Project to highlight model state privacy law.

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state policy

Posted by EPIC on February 12, 2019 6:40 PM | Permalink

House Committee Report: "Additional Federal Authority Could Enhance Consumer Protection"

In advance of a hearing on consumer privacy, the House Energy & Commerce Committee released a GAO report calling for federal legislation to "enhance consumer protections." The announcement follows the scheduling of a Senate Commerce hearing the same week. The report highlighted the Fair Information Practices (FIPs) as a framework for federal privacy law, an approach long supported by EPIC. The GAO report further noted that the FTC has failed to use its existing authorities to regulate privacy. EPIC has advocated for the establishment of a federal data protection agency to ensure strong consumer privacy rights.

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Posted by EPIC on February 13, 2019 10:10 AM | Permalink

Over 40 Civil Rights, Civil Liberties, and Consumer Groups Call on Congress to Address Data-Driven Discrimination

EPIC joined 43 civil society organizations in a letter to Congress calling on legislators to protect civil rights, equity, and equal opportunity in the digital ecosystem. The organizations wrote that any privacy legislation must be consistent with the Civil Rights Principles for the Era of Big Data, which include: stop high-tech profiling, ensure fairness in automated decisions, preserve constitutional principles, enhance individual control of personal information, and protect people from inaccurate data. The groups said: "Platforms and other online services should not be permitted to use consumer data to discriminate against protected classes or deny them opportunities in commerce, housing, and employment, or full participation in our democracy." EPIC supports "algorithmic transparency", the public's right to know the data processes that impact their lives so they can contest decisions made by algorithms.

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Posted by EPIC on February 13, 2019 11:50 AM | Permalink

EPIC to NYC: Develop Privacy Safeguards for "Smart City" Technologies

In comments to the City of New York, EPIC identified current privacy risks to New Yorkers, new challenges from the development of "smart cities" services, and also described how other cities are tackling privacy issues. The NYC Mayor's Office of Information Privacy sought input from the public on policies to best serve the privacy interests of New Yorkers. EPIC recommended that the city minimize collection of personally identifiable data, promote the use of statistical data, upgrade cyber security, and provide increased opportunity for public participation in the development of new Internet-based services. EPIC also encouraged NYC to adopt the Universal Guidelines for Artificial Intelligence when implementing AI technology.

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Posted by EPIC on February 14, 2019 9:30 AM | Permalink

EPIC Submits Comments on Regulation of Private Surveillance Industry

EPIC has submitted comments the UN Special Rapporteur on Freedom of Expression for a report on the surveillance industry. The Special Rapporteur is soliciting information for a report to UN General Assembly on how surveillance technology is regulated and used around the world. EPIC's submission details a recent U.S. proposal to limit exports of surveillance technology, new limits on access to surveillance tech in the United States, and key EPIC Freedom of Information Act cases to uncover details of ICE's procurement of mobile forensics and analytics technology. EPIC pursues an extensive FOIA docket.

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Posted by EPIC on February 14, 2019 9:40 AM | Permalink

EPIC Urges Supreme Court to Preserve Public Voice in Robocall and Junk Fax Law

EPIC has filed an amicus brief urging the Supreme Court to safeguard FCC rules that protect the public from robocalls and junk faxes. The case, PDR Network v. Carlton & Harris Chiropractic, concerns a company's efforts to disregard an FCC rule about junk faxes. EPIC explained that permitting companies to avoid FCC rules "will exclude the voices of consumers" in agency decision making. EPIC also explained that the company's efforts to sidestep agency rules will benefit those "who have resources to attack FCC rules." EPIC contributed to the development of the robocall and junk fax laws. EPIC has since worked to ensure that telephone users are protected from invasive practices through agency comments and amicus briefs in cases such as ACA International and Gallion v. Charter Communications.

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Posted by EPIC on February 14, 2019 5:15 PM | Permalink

Supreme Court to Hear Dispute over Census Citizenship Question

The Supreme Court has agreed to hear the government's appeal of New York v. Department of Commerce, in which a New York federal judge blocked the government from asking a citizenship question on the 2020 Census. EPIC filed an amicus brief in the case. EPIC has also sued to block the citizenship question in EPIC v. Commerce. EPIC alleges that the Bureau failed to complete privacy impact assessments before adding the question. A lower court held that the Bureau must "prepare PIAs that adequately address the collection of citizenship data in the 2020 Census," but denied a preliminary injunction. EPIC has appealed the decision.

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Posted by EPIC on February 15, 2019 3:50 PM | Permalink

UK Report Faults FTC Failure to Enforce Facebook Order

The UK House of Commons published the report "Disinformation and 'fake news'" following an eighteen-month investigation of Facebook. The report found that if Facebook had fully complied with the FTC settlement, Cambridge Analytica would not have happened. The UK report stated "It seems clear that Facebook was, at the very least, in violation of its Federal Trade Commission settlement." The FTC announced in March 2018 that it was reopening the Facebook investigation, following news that Cambridge Analytica improperly harvested the personal data of 87 millions users. Still no word from the FTC on how that one case is proceeding. In response to EPIC's Freedom of Information Act lawsuit, the FTC has released agency emails about the 2011 Facebook Consent Order.

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Posted by EPIC on February 20, 2019 5:10 PM | Permalink

EPIC to FTC: After Home Spying Reports, Google Should Divest Nest

Following reports that Google installed secret listening devices in the homes security product Nest, EPIC asked the Federal Trade Commission to require Google to spin-off Nest and to disgorge the data obtained from Nest users. It is a federal crime to intercept private communications or to plant a listening device in a private residence. In 2014, EPIC filed a complaint with the Commission regarding a related merger review and noted specifically that the "Commission clearly failed to address the significant privacy concerns presented in the Google acquisition of Nest." EPIC also said at the time that the "early termination" approval of the Google/Nest merger was surprising given the Commission's extensive consideration of the Google acquisition of Doubleclick. Both the Senate Commerce Committee and the House Energy and Commerce Committee have expressed interest in merger review in the tech industry.

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FTC
Google

Posted by EPIC on February 20, 2019 6:35 PM | Permalink

EPIC Seeks Early Argument in Appeal to Block Census Citizenship Question

EPIC has asked the D.C. Circuit Court of Appeals to hold oral argument by April in EPIC v. Commerce, EPIC's expedited appeal to block the Census Bureau from collecting citizenship information in the 2020 Census. EPIC alleges that the Bureau failed to complete privacy impact assessments required by the E-Government Act before adding the question. A lower court denied EPIC's motion for a preliminary injunction, agreeing that the Bureau is required to conduct the detailed assessments, but oddly concluding that it is not required to do so "until the Bureau mails its first batch of Census questionnaires to the public"—a view entirely at odds with the relevant law. A federal court in New York recently blocked the citizenship question in a different case, but the Supreme Court will now review that decision. EPIC has filed numerous successful lawsuits to require privacy impact assessments, including EPIC's case that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained. EPIC's appeal is captioned EPIC v. Commerce, No. 19-5031 (D.C. Cir.).

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Posted by EPIC on February 21, 2019 4:40 PM | Permalink

FAA to Require Visible Registration Numbers on Drones

The Federal Aviation Administration has published an interim final rule that will require a visible registration number on the exterior of drones. Previously, registration numbers could be hidden inside drones. EPIC supported improved drone identification, but has urged the FAA to go much further. In extensive comments to the FAA, EPIC wrote that drones should broadcast location, course, and operator identification, much like the Automated Identification Systems for planes and boats. EPIC also sued the FAA to force the agency to establish national rules to limit drone surveillance. EPIC is currently pursuing records about a key FAA task force, trying to understand why the agency has not promoted better privacy safeguards in the US. Comments on the FAA rule on "External Marking Requirement for Small Unmanned Aircraft" are due March 15, 2019 (Docket: FAA-2018-1084). EPIC recommends that commentators ask the FAA to establish stronger requirements for remote identification of drones.

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Posted by EPIC on February 21, 2019 4:50 PM | Permalink

EPIC Joins Coalition Calling on FTC to Investigate Facebook for Deception of Children

A coalition of consumer groups sent a complaint to the FTC, charging that Facebook engaged in unfair and deceptive practices and violated the Children's Online Privacy Protection Act after court documents from a 2012 class action lawsuit revealed that Facebook encouraged children to make credit card purchases on Facebook's platform. Parents and minors repeatedly complained about the credit card charges, but the documents indicate that the company refused to refund charges and set up a complex complaint system to deter refund requests. EPIC helped enact the children online privacy law and regularly submits comments to the FTC on children's privacy issues.

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Posted by EPIC on February 21, 2019 6:05 PM | Permalink

EPIC FOIA: National Archives Releases New Batch of Kavanaugh Records

In response to EPIC's Freedom of Information Act lawsuit, the National Archives has just released thousands of records about Justice Kavanaugh work in the White House Counsel's office after 9-11. The records include e-mails from 2002-2003, briefings, meeting memos, and correspondence, and office files about anti-terrorism legislation and access to presidential records. Emails previously released to EPIC revealed that Kavanaugh and John Yoo, architect of the warrantless surveillance program overturned by the US Congress, exchanged messages about the development of domestic surveillance programs. During the Supreme Court nomination hearing, EPIC warned the Senate that the nominee has shown little regard for the Constitutional privacy rights of Americans as a top White House legal advisor and then as a federal appellate judge.

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Posted by EPIC on February 22, 2019 5:55 PM | Permalink

EPIC Seeks Release of Overdue AI Commission Report

EPIC has submitted an open records and meetings request concerning the National Security Commission on Artificial Intelligence. Congress established the AI Commission in August "to review advances in artificial intelligence" and ordered the Commission to publish a report by February 9. Yet no information has been disclosed about the Commission's plans, operations, or findings to date. The Commission includes executives from Google, Amazon, Microsoft, and Oracle and several former Department of Defense officials. Last year, EPIC—joined by nearly 100 experts and leading scientific organizations including AAAS, ACM, FAS, and IEEE—successfully petitioned the White House Select Committee on Artificial Intelligence to incorporate public input in the committee's work. EPIC has also proposed the Universal Guidelines for Artificial Intelligence as the basis for AI legislation. The Universal Guidelines have been endorsed by more than 250 experts and 60 organizations in 40 countries. EPIC previously urged lawmakers to appoint AI Commission members who support the Universal Guidelines.

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AI Commission

Posted by EPIC on February 22, 2019 6:10 PM | Permalink

Court Greenlights EPIC Suit Against Drone Advisory Committee

A federal court in Washington, D.C. has ruled that EPIC's open government case against the FAA's Drone Advisory Committee can go forward. EPIC filed suit last year against the Committee, which has conducted much of its work in secret and ignored the privacy risks posed by the deployment of drones—even after identifying privacy as a top public concern. The government asked the court to dismiss EPIC's suit, but the court was "unconvinced by Defendants' arguments" and indicated that the government must "provide the full list of [Committee] records" to EPIC. However, the Court ruled that the Committee did not need to release the records of its secretive subcommittees. EPIC intends to challenge that part of the court's decision. The case is EPIC v. Drone Advisory Committee, No. 18-833 (D.D.C.).

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drones
epic

Posted by EPIC on February 25, 2019 3:15 PM | Permalink

Human Rights Court Accepts EPIC Intervention in Government Hacking Case

The European Court of Human Rights has accepted EPIC's request to intervene in a case concerning the legal standards for government remote hacking. Privacy International v. United Kingdom asks whether remote hacking or the use of malware by UK intelligence services violates the European Convention on Human Rights. Privacy International alleged that the hacking violates Articles 8 and 10 of the Convention, which protect right to privacy and the right to freedom of expression. EPIC previously filed a brief with the Court of Human Rights in Big Brother Watch v. UK, which found UK mass surveillance violated fundamental rights to privacy and freedom of expression. EPIC also participated as amici in Apple v. FBI, concerning a court order that would have required Apple to assist the FBI hack a seized iPhone.

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Posted by EPIC on February 25, 2019 5:05 PM | Permalink

EPIC, Coalition Ask Australia to Amend "Assistance and Access" Law

EPIC and a coalition of civil society organizations told the Australian Parliament that a law allowing police to require weak security for tech products should be amended. The Parliament reopened debate over the "Assistance and Access" law, broadly denounced as a threat to security and freedom of expression. Following earlier comments, the coalition has now called on the Australian Parliament to narrow the law. EPIC has long advocated for strong encryption, led the campaign against the Clipper Chip, and published the first global survey on Cryptography and Liberty. And when the FBI sued Apple in 2016 for refusing to allow law enforcement access to iPhones, EPIC filed an amicus brief in support of Apple arguing the FBI's demand "places at risk millions of cell phone users across the United States."

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Posted by EPIC on February 25, 2019 5:45 PM | Permalink

European Data Supervisor Releases Annual Report, Warns US on Bulk Collection

European Data Protection Supervisor Giovanni Buttarelli released the 2018 EDPS annual report. Among recent accomplishments are the 2018 Conference on Digital Ethics, adoption of an EU-Japanese data transfer deal, and implementation of the GDPR. At a press conference for the report's release, Buttarelli also recommended that the United States enact a federal privacy law, ratify the Council of Europe Privacy, Convention, and resolve long-standing concerns about mass surveillance. "In my opinion, bulk collection as such is not fully compatible with our system," Buttarelli said. EPIC has long recommended that the United States ratify the International Privacy Convention. EPIC has also proposed changes to Section 702 of the Patriot Act, which permits the bulk collection of the personal data of Europeans.

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Posted by EPIC on February 26, 2019 11:40 AM | Permalink

Arguments Set for EPIC Appeal to Block Census Citizenship Question

The D.C. Circuit has scheduled oral argument for May in EPIC's expedited appeal to block the Census Bureau from collecting citizenship information in the 2020 Census. EPIC alleges that the Bureau failed to complete privacy impact assessments required by the E-Government Act before adding the question. A lower court denied EPIC's motion for a preliminary injunction, agreeing that the Bureau is required to conduct the detailed assessments, but oddly concluding that it is not required to do so "until the Bureau mails its first batch of Census questionnaires to the public"—a view entirely at odds with the relevant law. A federal court in New York recently blocked the citizenship question in a different case, but the Supreme Court will now review that decision. EPIC has filed numerous successful lawsuits to require privacy impact assessments, including EPIC's case that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained. EPIC's appeal is EPIC v. Commerce, No. 19-5031 (D.C. Cir.).

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Posted by EPIC on February 26, 2019 12:05 PM | Permalink

FTC Announces Task Force on Competition in Tech

The FTC announced a new task force dedicated to monitoring U.S. technology markets and investigating anticompetitive conduct. FTC Chairman Joe Simons said "it makes sense for us to closely examine technology markets to ensure consumers benefit from free and fair competition." According to the FTC, the Technology Task Force will examine "prospective merger reviews" and will review "consummated technology mergers." EPIC objected to Facebook's acquisition of Whatsapp in 2014 and Google's acquisition of DoubleClick in 2007. EPIC has called on the FTC to require Google to divest Nest, after reports that the company hid listening devices in the home thermostat, and pressed the Commission to use its equitable authorities, including divestiture, to enforce consent orders.

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Posted by EPIC on February 26, 2019 2:35 PM | Permalink

FTC Obtains Fines TikTok for Violation of Children's Privacy

TikTok settled with the FTC for $5.7 million over allegations that the Chinese video app company violated the Children's Online Privacy Protection Act. The FTC complaint alleges that TikTok violated COPPA by collecting personal information from kids without parental consent. The $5.7 million fine is the Commission's largest COPPA penalty. The Commission's vote was unanimous. EPIC helped enact the children online privacy law and regularly submits comments to the FTC on children's privacy issues.

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Posted by EPIC on February 27, 2019 3:50 PM | Permalink

EPIC Files Brief on Government Hacking With Court of Human Rights

EPIC has filed a brief with the European Court of Human Rights detailing the public safety and privacy risks of government hacking. Privacy International v. United Kingdom asks whether remote hacking by UK intelligence services violates the European Charter of Fundamental Rights. The Court recently granted EPIC's request to intervene in the case. "Hacking tools stockpiled by governments could be used by criminals to mount cyberattacks," EPIC's brief states. EPIC also explained that "Government hacking weakens security safeguards." EPIC has long advocated for strong cybersecurity policies.

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Posted by EPIC on February 28, 2019 10:45 AM | Permalink

Representatives Lawrence and Khana Introduce Resolution on AI Policy

Reps. Brenda Lawrence (D-MI) and Ro Khanna (D-CA) have introduced a Congressional resolution calling for guidelines for the ethical development of artificial intelligence. The Ethical AI resolution sets out core principles, including transparency, accountability, fairness, privacy protection, public engagement, education, and safety. EPIC has proposed similar principles, the Universal Guidelines for Artificial Intelligence as the basis for AI legislation. The Universal Guidelines have been endorsed by more than 250 experts and 60 organizations in 40 countries. EPIC previously urged lawmakers to appoint AI Commission members who support the Universal Guidelines.

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Posted by EPIC on February 28, 2019 4:35 PM | Permalink

California AG Proposes Stronger Enforcement for State Privacy Law

The attorney general of California has unveiled legislation that would strengthen the California Consumer Privacy Act. The new bill would enable consumers to enforce their rights in court. The proposal comes as California seeks to implement the Consumer Privacy Act. In testimony for the US Congress, EPIC has explained that the “most effective way to improve data security is to establish a private right of action.” At present, there are hundreds, perhaps thousands, of substantial privacy complaints pending before the Federal Trade Commission. The EPIC State Policy Project monitors privacy bills nationwide.

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Posted by Caitriona Fitzgerald on February 28, 2019 9:40 PM | Permalink