epic.org: May 2019 Archives

EPIC Case for Release of Unredacted Mueller Report Moves Forward

A federal court today ordered the government to explain by June 3 its refusal to release substantial portions of the Mueller Report to EPIC. During a hearing on EPIC v. Department of Justice, Judge Reggie Walton reiterated the need for EPIC's open government case to move quickly and ordered the parties to file briefs over the summer. The court also ordered the government to produce related documents to EPIC about the Special Counsel investigation into Russian interference in the 2016 election. The Department of Justice will disclose a version of the Mueller Report to EPIC by May 6, which will contain additional information about the government's redactions. Hearings are scheduled in EPIC's case for the release of the Mueller Report on July 2 and August 5. EPIC's case for the release of the Mueller Report—the first in the nation—is EPIC v. Department of Justice, No. 19-810 (D.D.C.)

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Posted by EPIC on May 2, 2019 1:57 PM | Permalink

EPIC FOIA: Massive DHS Biometric Database Still Lacks a Privacy Impact Assessment

In response to EPIC's Freedom of Information Act request, the Department of Homeland Security confirmed that no privacy impact assessment has been completed for a vast DHS biometric database known as the "Homeland Advanced Recognition Technology." The HART database will include fingerprints, iris scans, and facial images on millions of individuals. The documents EPIC did obtain from DHS consist of privacy threshold reviews that indicate a privacy impact assessment is required and was expected by January 2019. A previous document obtained by EPIC show that the Homeland Advanced Recognition Technology database is part of the facial recognition Biometric Entry/Exit program at US airports.

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Posted by EPIC on May 3, 2019 9:40 AM | Permalink

Senators Urge FAA to Require Realtime Remote Identification for Drones

In a letter to the FAA, Senators Edward Markey (D-MA) and John Thune (R-SD) urged the agency to quickly publish a rule for the realtime, remote identification of drones. The senators wrote, "remote identification will enhance safety, security, and privacy." EPIC has long called for remote identification requirement for drones, stating "Because drones present substantial privacy and safety risks, EPIC recommends that the FAA require any drone operating in the national airspace system to broadcast location when aloft (latitude, longitude, and altitude), course, speed over ground, as well as owner identifying information and contact information[.]" EPIC cited similar requirements for vessels and planes, and explained that the technology is widely available. Most recently, EPIC repeated its call for remote identification in response to a proposed rule that would allow drones to fly over people.

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drones

Posted by EPIC on May 3, 2019 10:30 AM | Permalink

EPIC to Congress: FTC Has Failed to Protect Privacy, New Data Protection Agency Urgently Needed

In advance of FTC oversight hearings, EPIC has sent a statement to both House and Senate Committees outlining the FTC's failure to protect consumer privacy and urging the creation of an independent Data Protection Agency in the United States. EPIC's recent Freedom of Information Act request revealed that there are there are over 26,000 complaints pending against Facebook. In the eight years since the FTC announced the consent order barring Facebook from making any misrepresentation about user privacy, the FTC has not taken a single enforcement action against the company. "The FTC is simply ignoring thousands of consumer privacy complaints about Facebook's ongoing business practices," EPIC said. EPIC launched the #EnforceTheOrder campaign to pressure the FTC to take enforcement action against Facebook. EPIC brought the original complaint to the FTC in 2009 that led to the consent order.

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Facebook
FTC

Posted by EPIC on May 6, 2019 3:20 PM | Permalink

BREAKING - EPIC Obtains FOIA Annotated Mueller Report from Department of Justice

EPIC has obtained an annotated version of the Mueller Report through EPIC v. Department of Justice, EPIC's Freedom of Information Act lawsuit about the Special Counsel investigation into Russian election interference. The version of the Mueller Report provided to EPIC contains new details about the extensive redactions made by the Justice Department. EPIC will challenge those redactions as the case moves forward on an expedited schedule. Judge Reggie B. Walton has also ordered the Justice Department to disclose additional information about the Mueller Report to EPIC by June 3. EPIC's case for the release of the Mueller Report—the first in the nation—is EPIC v. Department of Justice, No. 19-810 (D.D.C.).

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Posted by John Davisson on May 6, 2019 7:44 PM | Permalink

EPIC Amicus: Public Employees Must Be Able to Speak Freely on Social Media, "the Modern Public Square"

In an amicus brief EPIC urged the Pennsylvania Supreme Court to protect the right of public employees to speak on matters of public concern on social media without fear of dismissal. The case, Carr v. Department of Transportation, concerns a state employee who was fired for comments posted to a Facebook group criticizing local school bus drivers. EPIC explained that "social media is 'the modern public square' for debate on issues of public concern," citing the U.S. Supreme Court's opinion in Packingham v. North Carolina, in which EPIC also filed an amicus. EPIC warned that "allowing the Government to fire a public employee for posts made in a private Facebook group would encourage government supervisors to surveil employees across social media." EPIC has frequently argued that the First Amendment protects the right of individuals to engage in activities free from government surveillance, in cases including City of Los Angeles v. Patel, Doe v. Reed, and Americans for Prosperity v. Becerra.

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

International Privacy Experts Adopt Recommendations for AI, Location Tracking

The International Working Group on Data Protection has adopted new recommendations for artificial intelligence and location tracking. The Berlin-based Working Group includes data protection authorities who assess emerging privacy challenges. The IWG report "Privacy and Artificial Intelligence" sets out fairness and respect for human rights, oversight, transparency and intelligibility as key elements of AI design and use. The IWG recommendations share several principles with the Universal Guidelines for Artificial Intelligence, proposed by EPIC as the basis for federal legislation and endorsed by more than 250 experts and 60 organizations. The IWG report "Wide Area Location Tracking" addresses large scale collection of location data in devices and applications, and urges limits on the transfer of the data, location tracking switched off by default, and periodic auditing by regulators. EPIC recently provided a comprehensive report for the IWG explaining recent developments in U.S. privacy law and policy.

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location privacy

Posted by EPIC on May 7, 2019 1:15 PM | Permalink

EPIC Settles FOIA Case About Government Use of Facial Recognition

EPIC today settled a Freedom of Information Act lawsuit against Customs and Border Protection. EPIC sought records about the agency's Biometric Entry-Exit program for use at US borders. As a result of the lawsuit, EPIC obtained the "Southwest Border Pedestrian Field Test" concerning the use of iris imaging and facial recognition. The report revealed that the technology did not perform operational matching at a "satisfactory" level. Relying on the documents obtained in the case, EPC has told Congress that facial recognition should be suspended until privacy safeguards are established. Senators Ed Markey (D-MA) and Mike Lee (R-UT) have also called for the suspension of the CBP program.

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Posted by EPIC on May 7, 2019 2:55 PM | Permalink

Lawmakers introduce Legislation Regulating Equifax, Credit Reporting Agencies

Senators Warren and Warner and Representatives Cummings and Krishnamoorthi introduced the Data Breach Prevention and Compensation Act of 2019. The legislation would compensate consumers for stolen data, impose mandatory penalties on credit reporting agencies for data breaches, and give the FTC greater authority over data security at credit reporting agencies. The lawmakers also released a new report "Breach of Trust: CFPB's Complaint Database Shows Failure to Protect Consumers after Equifax Breach." The report found that consumers have filed over 52,000 complaints since Equifax announced the breach in September 2017. Following the Equifax data breach, EPIC President Marc Rotenberg testified before the Senate Banking Committee and recommended free credit freezes and other consumer safeguards to mitigate the risk of identity theft.

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Posted by EPIC on May 7, 2019 5:40 PM | Permalink

EPIC Argues Against Collection of Citizenship Data in Federal Appeals Court

EPIC Counsel John Davisson will argue before the D.C. Circuit Court of Appeals Wednesday morning to block the Census Bureau from collecting personal data concerning citizenship status in the 2020 Census. The argument will begin around 10:00 a.m. ET and can be live streamed here. EPIC's case challenges the Census Bureau's failure to complete privacy impact assessments required by law. The Bureau concedes that it must complete the impact assessments but has so far failed to do so. As EPIC previously warned the appeals court, "major privacy risks have not been addressed by the agency." EPIC has filed several successful lawsuits to require privacy impact assessments by federal agencies, including EPIC's case that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained. EPIC's census privacy case is EPIC v. Commerce, No. 19-5031 (D.C. Cir.).

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Posted by EPIC on May 7, 2019 6:25 PM | Permalink

Trump Claims Executive Privilege Over Mueller Report

President Trump has claimed executive privilege in an attempt to withhold the redacted portions of the Mueller Report from Congress. The President's assertion goes far beyond the narrow limits of the privilege and conflicts with the Attorney General's recent statement to Congress that President Trump had "no plans" to claim executive privilege over the Report. ("Exhibit 7" In EPIC v. Department of Justice.) EPIC is pursuing the release of the full Mueller Report under the Freedom of Information Act. EPIC recently obtained an annotated version of the Report that contains new details about the extensive redactions made by the Justice Department. But the government has waived any assertion of executive privilege in EPIC's case, making EPIC uniquely positioned to challenge the redactions. EPIC will have a hearing in federal court concerning the release of related materials on June 17, 2019. EPIC's case for the release of the Mueller Report—the first in the nation—is EPIC v. Department of Justice, No. 19-810 (D.D.C.).

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Posted by EPIC on May 8, 2019 4:30 PM | Permalink

Senators Introduce "Honest Ads" Act for Online Political Ads

Senators Klobuchar (D-MN), Warner (D-VA), and Graham (D-SC) announced have introduced a bipartisan bill to make online political advertisements more transparent. The Honest Ads Act is a direct response to Russian interference in the 2016 election, which relied on anonymous political ads on Facebook, Google and Twitter. The Honest Ads Act would impose the same disclosure requirements for online ads as for TV and radio ads. "Foreign adversaries interfered in the 2016 election and are continuing to use information warfare to try to influence our government and divide Americans. We must act now to protect our democracy and prevent this kind of interference from ever happening again," Senator Klobuchar said. EPIC Consumer Protection Counsel Christine Bannan testified at the Federal Election Commission hearing in 2018 on the agency's proposed rule for political ads. EPIC has filed several FOIA lawsuits to determine the scope of Russian interference: EPIC v. FBI (Russian Hacking), EPIC v. ODNI (Russian Hacking), and EPIC v. IRS (Donald Trump's Tax Records).

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Russian Interference

Posted by EPIC on May 8, 2019 4:40 PM | Permalink

Senators Call for FTC to Investigate Amazon Echo for Kids

Senators Markey (D-Mass), Blumenthal (D-Conn.), Durbin (D-Ill.), and Hawley (R-Mo.) sent a letter to the Federal Trade Commission to launch an investigation into new evidence of Amazon violations of the Children's Online Privacy Protection Act (COPPA) with an Amazon device targeted to children. The Senators wrote: "Children are a uniquely vulnerable population. We urge the Commission to take all necessary steps to ensure their privacy as 'Internet of Things' devices targeting young consumers come to market, including promptly initiating an investigation into the Amazon Echo Dot Kids Edition’s compliance with COPPA.: The letter cites a recent complaint to the FTC by Campaign for a Commercial-Free Childhood and joined by EPIC. EPIC testified before Congress in support of the original children's privacy law and backed the 2013 regulations that updated the law.

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COPPA
kids

Posted by EPIC on May 9, 2019 4:20 PM | Permalink

EPIC to Senate Committee: Press FAA on Drone Privacy

Prior to a hearing on "New Entrants in the National Airspace," EPIC has urged the Senate Commerce Committee to ensure that the FAA establish drone privacy safeguards. EPIC also said the FAA should require remote identification of drones. "Currently, individuals cannot hold drone operators accountable because it is essentially impossible to identify the drone or the operator of a drone," EPIC said. EPIC recently filed comments on the FAA's proposal for external ID for drones. Last week, Senators Edward Markey (D-MA) and John Thune (R-SD) urged the FAA to quickly publish a rule for the realtime, remote identification of drones. In 2012 EPIC, backed by more than one hundred organizations and privacy experts, petitioned the agency to establish privacy safeguards for drones. EPIC also cited a 2012 law requiring the FAA to develop a "comprehensive plan" for drone deployment. EPIC subsequently filed suit against the FAA, challenging the agency rule authorizing commercial drone operations without privacy safeguards.

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drones
FAA

Posted by EPIC on May 9, 2019 4:30 PM | Permalink

EPIC Publishes Original Collection: "The Mueller Report" (EPIC v. DOJ)

EPIC has published "The Mueller Report: EPIC v. Department of Justice and the Special Counsel's Report on the Investigation Into Russian Interference." The EPIC collection includes the version of the Mueller Report obtained in EPIC v. Department of Justice, the original EPIC FOIA request, letters from the Attorney General to Congress, and the statement from the Special Counsel about the release of the report. Also included is a foreword by EPIC President Marc Rotenberg describing EPIC's related cases to obtain information about Russian interference in the 2016 presidential election, as well as a brief introduction to the Freedom of Information Act. "The Mueller Report: EPIC v. Department of Justice" is now available in the EPIC Bookstore.

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Posted by EPIC on May 10, 2019 2:30 PM | Permalink

Following EPIC's Comments, UN Asks U.S. About Consumer Privacy Protection

For the first time, the United Nations Human Rights Committee has asked the U.S. to report about consumer privacy protections. This is part of an annual review of compliance with the International Covenant on Civil and Political Rights. The Human Rights Committee asked the U.S. to explain what measures it has taken "to combat the interference of non-State organizations, such as Facebook, in privacy rights, including but not limited to the enforcement of judicial orders, the enactment of comprehensive privacy laws and the creation of a data protection authority." In comments to the Committee, EPIC raised concerns about the need to protect individuals against violations of the right to privacy by non-state actors, including private firms. EPIC also recently submitted comments to the UN on the surveillance industry.

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Posted by EPIC on May 10, 2019 4:30 PM | Permalink

EPIC Says FAA Drone App Should Track Drones

In comments on the Federal Aviation Administration’s proposed drone app B4UFLY EPIC reiterated the need for drones to broadcast ID, location, course and purpose. The FAA app would provide situational awareness to drone operators, but fails to provide the public with information about nearby drones. As EPIC explained, commercial planes and vessels routinely provide this information on apps widely available to the public. Further, it is unclear what data is collected by the FAA app, as the Privacy Impact Assessment provides conflicting explanations. EPIC said the FAA should limit the information it collects on non-commercial drone operators. EPIC has repeatedly called for remote, broadcast ID for drones, and led a coalition in 2012 to petition the agency to conduct a rulemaking on drone privacy. EPIC also sued the agency when it failed to establish limits on drone surveillance.

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drones

Posted by EPIC on May 13, 2019 5:50 PM | Permalink

EPIC Again Urges FCC to Repeal Data Retention Regulation

EPIC filed comments with the Federal Communications Commission again urging the agency to repeal a regulation that requires the bulk retention of calling records of American telephone customers. EPIC and a coalition of civil rights organizations, technical experts and legal scholars first signed a petition for repeal of the FCC regulation three years ago. When the FCC docketed the petition for public comment, every comment received by the agency favored the EPIC petition to end the data retention regulation. In comments to the agency last year, EPIC again urged the FCC to drop the requirement. In response to an agency proposal to extend the rule, EPIC explained that "the regulation is unduly burdensome, ineffectual, and threatens privacy and security." EPIC also pointed to recent cases in Europe prohibiting the mass retention of phone records. "The United States has fallen behind other advanced democracies around the world" explained EPIC to the FCC.

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Posted by EPIC on May 13, 2019 6:10 PM | Permalink

San Francisco Bans Facial Recognition

The San Francisco Board of Supervisors have passed a resolution to limit the use of surveillance technology by city departments. San Francisco will now require surveillance impact reports, annual audits, and review by the city controller. EPIC led an effort - "Observing Surveillance" - in Washington, DC after 9-11 to document the growing use of surveillance cameras in the nation's capital that led to limitations on video surveillance by the City Council. EPIC is currently seeking to limit the use of facial recognition technology at the border. The Madrid Privacy Declaration called for a "moratorium on the development or implementation of new systems of mass surveillance, including facial recognition, whole body imaging, biometric identifiers, and embedded RFID tags, subject to a full and transparent evaluation by independent authorities and democratic debate."

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Posted by EPIC on May 15, 2019 5:40 PM | Permalink

House Members Begin Public Reading of Mueller Report

Members of the House of Representatives, led by Rep. Mary Gay Scanlon (D-PA, @RepMGS), have begun a public reading of the Muller Report. The reading is being broadcast live on C-SPAN. EPIC (@EPICprivacy) sued the Department of Justice for the release of the full, unredacted Mueller Report. EPIC has now obtained the document, processed pursuant to the Freedom of Information Act. EPIC has made the new version of the Muller Report and related documents available at Amazon. EPIC's FOIA case is on an expedited briefing schedule. Briefing will continue over the summer. EPIC expects to receive additional information from the Department of Justice about the Russian interference in the 2016 presidential election.

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Mueller Report

Posted by EPIC on May 16, 2019 12:40 PM | Permalink

EPIC Calls for Suspension of White House Data Collection on Social Media Use

EPIC has sent a letter to President Trump, urging the White House to suspend the collection of personal data concerning the use of social media. The White House is seeking to collect detailed personal information including unique social profile names and citizenship status. The company hosting the form is also tracking Internet users and their devices. EPIC wrote that "this data collection is unlawful, unconstitutional, and itself a violation of the First Amendment." EPIC pointed to the failure of the White House to undertake a privacy impact assessment. EPIC also explained that the government may not compel people to reveal their names to exercise their First Amendment rights. EPIC previously forced the now-defunct Presidential Election Commission to delete personal voter data that it had unlawfully obtained without a Privacy Impact Assessment.

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data protection

Posted by EPIC on May 16, 2019 3:30 PM | Permalink

Judge Orders Redacted Portions of Mueller Report Be Made Public

On Thursday, U.S. District Judge Emmet G. Sullivan ordered the government to release redacted portions of the Mueller report related to Michael Flynn, President Trump's former national security adviser by May 31. In the case about false statements to FBI investigators regarding contact with the Russian Ambassador, Judge Sullivan ordered the release of parts of the redacted Mueller report and related transcripts of calls with Russian officials. This is the first instance where a judge has ordered the release of redacted portions of the Special Counsel's report on Russian interference in the 2016 presidential election. EPIC filed the first lawsuit in the nation to release the full Mueller Report. EPIC obtained the annotated version of the Special Counsel's report and has published this version at the EPIC Bookstore. EPIC's case will go forward this summer on an expedited briefing schedule. EPIC's case EPIC v. Department of Justice, No. 19-810 (D.D.C).

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Posted by EPIC on May 17, 2019 1:00 PM | Permalink

National Archives Releases New Kavanaugh Records

In response to EPIC's Freedom of Information Act lawsuit, the National Archives has released hundreds of new emails from Justice Kavanaugh's time in the White House. The emails concern the controversial surveillance programs Total Information Awareness, Computer Assisted Passenger Prescreening System II (CAPPS II), and Secure Flight. The contents of many emails were withheld in full. EPIC's FOIA lawsuit, along with a related lawsuit by Senator Richard Blumenthal, resulted in the public release of hundreds of thousands of pages about Justice Kavanaugh's work in the White House. The records include communications between Kavanaugh and John Yoo, the author of the warrantless surveillance program.

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Posted by EPIC on May 20, 2019 3:55 PM | Permalink

EPIC Sues State Department About Secret Facial Recognition Database

EPIC filed a lawsuit today to compel the State Department to release information about the transfer of facial images, gathered from visa and passport applicants, to other federal agencies. EPIC explained to the federal court in Washington, DC that the Customs and Border agency is now using those images in an unlawful border system. EPIC has called for the suspension of the CBP program. Senators Markey and Lee have also opposed expansion of the CBP program to U.S. citizens. In a related FOIA lawsuit, EPIC obtained documents concerning CBP's facial recognition program. A summary report revealed that the system did not perform operational matching at a "satisfactory" level.

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Posted by EPIC on May 20, 2019 4:15 PM | Permalink

EPIC to Senate Committee: The "Digital Advertising Ecosystem" is Not Healthy

EPIC has submitted a statement to the Senate Judiciary Committee for a hearing on online advertising. EPIC told the Committee "The 'Digital Advertising Ecosystem' today is not healthy. Two companies dominate the market. The privacy of Internet users is under assault. The revenue model that sustained journalism is broken. The ad platforms are manipulated by foreign adversaries. Secrecy and complexity are increasing as accountability is diminished. It would be foolish to imagine that the current model is sustainable." In 2000, EPIC opposed Doubleclick's acquisition of Abacus. In 2007, EPIC told the FTC that Google's proposed acquisition of DoubleClick would lead to consumers being tracked and profiled by advertisers across the web.

Posted by EPIC on May 20, 2019 4:25 PM | Permalink

OECD to Announce International Standard for AI

The OECD will announce this week The Recommendation on Artificial Intelligence, the first intergovernmental standard on AI. [OECD flyer] The OECD AI Recommendation aims to foster innovation and trust in AI by promoting the responsible stewardship of trustworthy AI while ensuring respect for human rights and democratic values. The OECD AI Standard addresses fairness, accountability, and transparency and speaks specifically to the need to respect "freedom, dignity and autonomy, privacy and data protection, non-discrimination and equality, diversity, fairness, social justice, and internationally recognised labour rights." The OECD AI standard complements existing OECD standards in areas such as privacy, cryptography, digital security risk management, and responsible business conduct. Over the past year, EPIC led an effort to promote Universal Guidelines for AI following an earlier campaign for Algorithmic Transparency. EPIC will host a panel discussion on The Future of AI Policy in the US at the National Press Club in Washington, DC on June 5, with representatives from the White House, the OECD, and leading experts in technology and public policy. Registration is open to the public.

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Posted by EPIC on May 21, 2019 12:30 PM | Permalink

Intimate Privacy Protection Act Reintroduced in Congress

Representatives Jackie Speier (D-CA) and John Katko (R-NY) reintroduced the bipartisan Intimate Privacy Protection Act. The legislation would target perpetrators who share intimate images without consent. Congresswoman Speier said the Act "will hold accountable and deter violators of intimate privacy, from vengeful exes to online predators who profit from and entertain themselves with the distribution of private intimate images." Senator Kamala Harris (D-CA) is introducing companion legislation in the U.S. Senate. EPIC has backed efforts to combat revenge porn, supported the Cyber Civil Rights Initiative, and awarded the 2017 EPIC Privacy Champion Award to Carrie Goldberg and the 2015 EPIC Award to Senator Harris.

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Revenge porn

Posted by EPIC on May 21, 2019 12:50 PM | Permalink

Court: Government Can't Skimp on Attorney's Fees in Public Interest Cases

The D.C. Circuit Court of Appeals has rejected the government's attempt to pay a public interest plaintiff far less than what is owed in attorney's fees. When a plaintiff wins a public interest lawsuit, federal law often requires the defendant to reimburse the plaintiff for attorney's fees. Many defendants—including federal agencies—try to minimize those payments by using artificially low billing rates. But in D.L. v. D.C., the federal appeals court ruled that the government's calculation of attorney's fees was based on "irrelevant figures" and "wrong" assumptions that attempted to diminish the complexity and cost of public interest cases brought in Washington, DC. The decision will make it harder for the government to underpay successful public interest plaintiffs in the future. EPIC, which often recovers attorney's fees in Freedom of Information Act cases, joined in an amicus brief in the case.

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amicus

Posted by EPIC on May 21, 2019 6:00 PM | Permalink

EPIC Urges House Oversight Committee to Investigate FBI's Use of Facial Recognition

EPIC has sent a statement to the House Committee on Oversight concerning Facial Recognition Technology. EPIC urged the Committee to investigate the FBI's Next Generation Identification program. EPIC explained that an individual's ability to control disclosure of identity "is an essential aspect of personal security and privacy." The FBI biometric database is one of the largest in the world, but the FBI has opposed privacy safeguards that EPIC supported. The Bureau also proposed to exempt the database from Privacy Act protections. EPIC has sued the FBI for information about the agency's plans to transfer biometric data to the Department of Defense.

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Posted by EPIC on May 21, 2019 6:15 PM | Permalink

Senator Hawley Introduces "Do Not Track" Bill for Internet

Senator Hawley (R-MO) introduced the Do Not Track Act, which would create a right to control the use of personal data similar to the national Do Not Call registry that gives every person the legal right to block companies from collecting any data beyond what is necessary to provide the company's service to the user. The legislation would prohibit companies from profiling users who activate Do Not Track and would ban discrimination against those who exercise their legal rights. EPIC President Marc Rotenberg earlier testified before the House Energy and Commerce Committee on a Do Not Track bill, and stated that legislation "would need to ensure that a consumer's decision is 'enforceable, persistent, transparent, and simple'." Voluntary proposals, developed by industry groups, to limit online tracking have been ineffective and ignored.

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do not call

Posted by EPIC on May 22, 2019 9:25 AM | Permalink

Privacy Complaints Near 150,000 in First Year of GDPR

One year after the EU General Data Protection Regulation, European authorities have received a total of 144,000 privacy complaints and identified 89,000 data breaches. Europe's comprehensive data protection law went into effect on May 25, 2018. EPIC and coalitions of consumer groups have written to ninety-five major internet companies seeking compliance with the GDPR as a baseline standard for all users worldwide, and recently proposed "A Framework for Privacy Protection in the United States." The EPIC 2018 Privacy Law Sourcebook, a comprehensive overview of privacy laws in the US and around the world, includes the full text of the GDPR. At present, the United States has neither a comprehensive federal privacy law nor a data protection agency.

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Posted by EPIC on May 22, 2019 1:30 PM | Permalink

OECD Announces AI Principles, 42 Nations Endorse

Today the OECD announced the OECD Principles on Artificial Intelligence, the first international standard for AI, with the backing of 42 countries. The OECD AI principles make central "the rule of law, human rights and democratic values" and set out requirements for fairness, accountability and transparency. OECD Secretary-General Gurría said the OECD AI principles "place the interests of people at its heart." Gurría also quoted Alan Turing, who once said, "We can only see a short distance ahead, but we can see plenty there that needs to be done." Civil society groups, working through the CSISAC played a key role in the development of the OECD AI Principles as did the EPIC Public Voice project. Earlier this year, EPIC President Marc Rotenberg commended the US administration for backing the OECD process, but also wrote in the New York Times that there is much more to be done. "The United States must work with other democratic countries to establish red lines for certain AI applications and ensue fairness, accountability, and transparency as AI systems are deployed."

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Posted by EPIC on May 22, 2019 6:35 PM | Permalink

New Report on the FTC's Big Tech Revolving Door Problem

A new report from the consumer group Public Citizen finds extensive conflicts of interest at the Federal Trade Commission. According to Public Citizen, most top officials at the Federal Trade Commission (FTC) become lawyers and lobbyists for major technology companies after they leave the agency or bring Silicon Valley conflicts with them when they arrive. These conflicts help explain the FTC's chronic reluctance to enforce consumer protection and antitrust laws, said Public Citizen. EPIC previously urged the FTC to block anticompetitive mergers, such as Google's acquisition of DoubleClick and Facebook's acquisition of WhatsApp, as well as to enforce the pending consent order against Facebook that EPIC helped establish in 2011. EPIC even sued the FTC when the consumer agency failed to enforce the consent order against Google, following the Buzz consent order. As of today, 423 days have passed since the FTC announced in March 2018 that it would reopen the investigation of Facebook. But still there is no fine, no report, and no update.

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Posted by EPIC on May 23, 2019 2:25 PM | Permalink

Senate Passes Anti-Robocall Act 97-1

The Senate overwhelmingly passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, sponsored by Senator John Thune (R-S.D.) and Senator Ed Markey (D-Mass.). The Act would give regulators more time to find scammers, increases civil penalties, promotes call authentication and blocking techniques, and brings together federal agencies and state attorneys general to coordinate prosecution of robocallers. EPIC has long advocated for robust telephone privacy protections and regularly files amicus briefs and comments in support of stronger consumer protections against robocalls.

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Posted by EPIC on May 23, 2019 6:05 PM | Permalink

Blumenthal, Schakowksy, Richardson, and Ito to Receive EPIC Champion of Freedom Awards

Senator Richard Blumenthal, Representative Jan Schakowksy, Human Rights Watch China Director Sophie Richardson, and MIT Media Lab Director Joi Ito will receive the 2019 EPIC Champion of Freedom Award. The EPIC award is given annually to individuals who have helped safeguard the right of privacy, promote open government, and protect democratic values with courage and integrity. Past recipients include Representative Justin Amash, Apple CEO Tim Cook, Senator Kamala Harris, Garry Kasparov, Senator Patrick Leahy, Edward Snowden, and Judge Patricia Wald. The EPIC Awards dinner will take place on June 5 at the National Press Club in Washington, DC. The event is open to the public and tickets are still available.

Posted by EPIC on May 23, 2019 6:20 PM | Permalink

EPIC, USTPC Urge Election Commission to Protect Secret Ballot, Ban Internet-Connected Voting Machines

EPIC, along with the U.S. Technology Policy Committee of the Association for Computing Machinery, has filed comments to the Election Assistance Commission on the Voluntary Voting System Guidelines 2.0. EPIC and USTPC supported the inclusion of strong principles for voter privacy, ballot secrecy, and data protection. The groups also urged the Commission to ban internet-connected voting machinery, citing the risks to voting integrity and democratic institutions. "The VVSG 2.0 are vital to protect our democratic institutions. The EAC should ban the use of internet-connected voting machines and protect ballot secrecy," EPIC and USTPC said. Though states are not mandated to comply with the VVSG, the guidelines help shape the election security market. In 2016, EPIC published a report on the importance of the secret ballot for democratic decision making. EPIC has a long history of working to protect voter privacy and election integrity.

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Posted by EPIC on May 29, 2019 3:25 PM | Permalink

EPIC Seeks Memos from FTC Enforcement Director About Inaction on Facebook Consent Order

EPIC has filed a Freedom of Information Act request with the Federal Trade Commission seeking memos and internal communications about the Associate Director of the Enforcement Division James A. Kohm. Kohm is responsible for overseeing enforcement of the consent order against Facebook. Since the FTC announced the 2011 Consent Order, the FTC has never charged Facebook with a single violation of the order. In March 2018, the FTC announced an investigation of Facebook following the Cambridge Analytica scandal. 430 days have now passed with no report, no fine, and not even an update about the status of the investigation. EPIC has repeatedly urged the FTC to #EnforceTheOrder against Facebook.

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Facebook
FTC

Posted by EPIC on May 30, 2019 1:40 PM | Permalink

Facebook Loses Appeal to Halt European High Court Review of EU-U.S. Data Transfer

The Irish Supreme Court has dismissed an appeal by Facebook to stop the highest court in Europe from reviewing the transfers of personal data from the EU to the US. Facebook appealed a referral to the Court of Justice for the European Union on whether the transfer of data to the U.S. with standard contract clauses violates fundamental rights. EPIC is participating in that case now before the Court of Justice, DPC v. Facebook, expected to be argued July 9th. Ruling against Facebook, the Irish Supreme Court said the decision to refer a case cannot be appealed and must be decided by the referring court and the Court of Justice. "It is for the referring court, and that court alone, whether to make a reference and, indeed, whether to withdraw or amend the same," the Court concluded. EPIC also recently filed a third-party intervention with the European Court of Human Rights in Big Brother Watch v. UK, arguing that the Court should carefully review UK-U.S. intelligence transfers in the case assessing UK bulk surveillance.

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Posted by EPIC on May 31, 2019 9:35 AM | Permalink

EPIC v. DAC: Records Show FAA Drone Committee Ignored Privacy Risks

EPIC has obtained records from the FAA's Drone Advisory Committee confirming the committee ignored the privacy risks posed by the deployment of drones—even after identifying privacy as a top public concern. EPIC filed suit last year to enforce the transparency obligations of the industry-dominated Committee, which conducted much of its work in secret. The Committee told the Court that it had published all of its records, but EPIC's case forced the Committee to release hundreds of documents that it unlawfully withheld. The documents show that the Committee initially recognized the importance of regulating drone privacy risks and even planned to form a "Privacy Subcommittee." Yet the Committee entirely failed to address privacy issues before making final policy recommendations to the FAA. The case is EPIC v. Drone Advisory Committee, No. 18-833 (D.D.C.).

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Posted by EPIC on May 31, 2019 9:45 AM | Permalink

EPIC Recommends NIST Implement OECD AI Principles, Back Universal Guidelines

EPIC has filed comments with the National Institute of Standards and Technology urging the U.S. to implement the OECD Principles on Artificial Intelligence and the Universal Guidelines for AI. NIST sought information from the public on the appropriate standards U.S. AI policy. EPIC called on NIST to begin implementing the OECD principles - the first international standard for AI, which the U.S. recently endorsed. EPIC also said the agency should go further by adopting the Universal Guidelines for AI. Over 250 experts and 60 organizations, representing more than 40 countries have endorsed the UGAI, which are intended to maximize the benefits of AI, to minimize the risk, and to ensure the protection of human rights. EPIC will host a panel discussion on The Future of AI Policy in the U.S. at the National Press Club in Washington, DC on June 5, with representatives from the White House, the OECD, and leading experts in technology and public policy.

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Posted by EPIC on May 31, 2019 10:20 AM | Permalink