epic.org: June 2019 Archives

Court Rules D.C. Attorney General's Lawsuit Against Facebook Will Proceed

The D.C. Superior Court denied Facebook's motion to dismiss the complaint filed by D.C. Attorney General over the privacy practices that led to Cambridge Analytica. The D.C. Attorney General alleged that Facebook failed to monitor third-party use of personal data and failed to ensure users' data was deleted. The lawsuit seeks financial penalties, and an injunction to establish safeguards to protect users' data. The court ruled that the case could proceed because "District of Columbia residents' widespread utilization of, and repeated exchange of personal information through Facebook's online social networking service, constitute 'transactions.'" 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. Facebook anticipates a $3-5 billion fine from the FTC.

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Posted by EPIC on June 3, 2019 5:50 PM | Permalink

DOJ to EPIC: No Records of Non-Criminal Referrals by Special Counsel

The Justice Department told EPIC on Monday that it has no records of any outside referrals by Special Counsel Robert Mueller for "administrative remedies, civil sanctions or other governmental action outside the criminal justice system." The disclosure comes as part of EPIC v. Department of Justice, EPIC's Freedom of Information Act lawsuit for the release of the complete Mueller Report and related Special Counsel records. EPIC obtained the annotated version of the Special Counsel's report last month and has published that version at the EPIC Bookstore. EPIC's case will go forward this summer on an expedited briefing schedule. The Justice Department will file its opening brief in the case later today. EPIC's case is EPIC v. Department of Justice, No. 19-810 (D.D.C).

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Posted by EPIC on June 3, 2019 6:35 PM | Permalink

The State Department to Require Social Media Info from Visa Applicants

Reports indicate that the State Department will now require social media identifiers, email addresses, and phone numbers from nearly all visa applicants. EPIC submitted comments to the State Department opposing the plan to collect social media and personal communication information. EPIC urged the agency to retract the proposal, pointing out the substantial privacy, free expression, and security concerns the proposal raised. Last year, EPIC and the Brennan Center led a coalition of 55 privacy, civil liberties, and civil rights organizations in opposition to the State Department plan. EPIC, through a 2011 Freedom of Information lawsuit against the DHS, uncovered the first federal agency plan to monitor social media. Congress held hearings and the plan was suspended.

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Posted by EPIC on June 3, 2019 6:45 PM | Permalink

EPIC v. DOJ: Justice Department Fails to Justify Mueller Report Redactions

The Justice Department, in a court filing on Monday, failed to justify the agency's decision to withhold extensive material from EPIC contained in the Mueller Report. Without providing any specific details, the Justice Department simply asserted that it need not disclose information to the public beyond what it previously published. Notably, the Justice Department does not claim executive privilege in EPIC's Freedom of Information Act case, even though President Trump has asserted that privilege to withhold the complete Mueller Report from Congress. EPIC will file an opposition to the Justice Department's filing on June 24. EPIC is simultaneously seeking extensive records from the Special Counsel's investigation into Russian interference in the 2016 Presidential election. EPIC's case to obtain the public release of the complete Mueller Report is EPIC v. Department of Justice, No. 19-810 (D.D.C).

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Posted by EPIC on June 4, 2019 1:40 PM | Permalink

FCC Affirms Robocall Blocking By Default to Protect Consumers

The FCC voted to confirm that voice service providers may aggressively block unwanted robocalls before they reach consumers. The Commission stated: "While many phone companies now offer their customers call blocking tools on an opt-in basis, the Declaratory Ruling clarifies that they can provide them as the default, thus allowing them to protect more consumers from unwanted robocalls and making it more cost-effective to implement call blocking programs." EPIC has long advocated for robust telephone privacy protections. Last week, EPIC submitted comments to the FCC recommending that the agency (1) require phone providers to proactively block calls from numbers that are unassigned, unallocated, or invalid; (2) prohibit spoofing if there is an intent to defraud or cause harm; and (3) encourage the use of call authentication technology that safeguards caller anonymity. EPIC filed amicus briefs earlier this year and in 2015 that strengthened consumer protections for robocalls.

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Posted by EPIC on June 7, 2019 3:10 PM | Permalink

House Oversight Committee Holds Hearing on Facial Recognition

The House Oversight Committee held a hearing on Facial Recognition Technology (Part II): Ensuring Transparency in Government Use. EPIC submitted a statement for the Committee's earlier hearing concerning the impact of facial recognition on civil rights. 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 June 7, 2019 3:20 PM | Permalink

House Hearing Examines TSA Profiling

The House Committee on Homeland Security held a hearing on TSA's policies to prevent unlawful profiling. In his opening statement, Chairman Thompson said "it is unconscionable that TSA has not developed better oversight procedures" to prevent discriminatory practices. EPIC recently submitted comments to the TSA on the agency's 2020 strategy for transportation security. EPIC routinely comments on TSA screening practices. EPIC successfully sued the agency to block the deployment of x-ray body scanners in US body scanners.

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Posted by EPIC on June 7, 2019 3:35 PM | Permalink

As State AGs Gather at FTC Event, Still No Action on Facebook

The FTC hosted a roundtable with state attorneys general in Nebraska as the final hearing on competition and consumer protection in the 21st century. More than a year has passed since the FTC reopened the investigation of Facebook after the Cambridge Analytica scandal, but the FTC has not issued a fine, imposed penalties, or even updated the public about the status of the investigation. EPIC Consumer Protection Counsel Christine Bannan testified at an earlier FTC hearing that the FTC's success should be measured by the enforcement of its orders. 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. Facebook anticipates a $3-5 billion fine from the FTC, but EPIC, Color of Change, and the Open Markets Institute have urged the Commission to use its equitable authorities to improve privacy protection and governance, reform hiring practices, and to spin off WhatsApp and Instagram.

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Posted by EPIC on June 11, 2019 12:45 PM | Permalink

Intelligence Agencies Inspector General Calls for AI Oversight

A new report from the Inspector General urges oversight of the use of Artificial Intelligence techniques by the U.S. intelligence agencies. "Reassuring statements that the [intelligence community] is currently using AI technologies - and will use AI technologies in the future - in ways consistent with the rule of law and American values will not be sufficient. The [agencies] will need to validate those statements for the American people," the Inspector General said. "Investment asymmetry between mission performance and intelligence oversight in AI efforts could lead to an accountability deficit," the statement continues, "there is little indication that investments in oversight of AI are currently a high priority." EPIC recently urged the federal government to implement the OECD Principles on Artificial Intelligence and the Universal Guidelines for AI as primary standards for U.S. AI policy.

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Posted by EPIC on June 11, 2019 3:50 PM | Permalink

EPIC to House Committee: The Internet Advertising System is Not Healthy

EPIC has submitted a statement to the House Judiciary Committee regarding today's hearing on "Online Platforms and Market Power, Part 1: The Free and Diverse Press." EPIC told the Committee "The internet advertising system 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 current model is not sustainable. Privacy rules can help level the playing field." 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.

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Google/DoubleClick

Posted by EPIC on June 11, 2019 4:25 PM | Permalink

EPIC to Congress: FCC Must Protect Consumers From Location Tracking and Phone Record Surveillance

Prior to an FCC oversight hearing, EPIC sent a statement to the Senate Commerce Committee outlining priorities for the agency: ending the data retention regulation and protecting location data. In 2015, EPIC petitioned the FCC to repeal the data retention regulation, which requires telephone companies to keep all telephone customer records for 18 months. Every comment received by the FCC favored the EPIC petition, yet the agency has failed to withdraw the regulation. EPIC has long 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 June 12, 2019 11:45 AM | Permalink

EU Adopts Comprehensive Drone Rules, Requires Realtime Remote ID

The European Union has established a comprehensive set of drone rules for drone operators. The EU drone rules require the real-time broadcasting of certain data, including the drone operator registration number, the geographical position of the drone, the drone route course, and the position of the drone operator. In 2015, EPIC made very similar recommendations to the FAA to improve drone safety in the United States. EPIC restated the remote ID recommendation proposal in a recent statement to the agency. In a letter to the FAA last month, Senators Edward Markey (D-MA) and John Thune (R-SD) also urged the FAA to establish a rule for the real-time, remote identification of drones.

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drones

Posted by EPIC on June 12, 2019 5:15 PM | Permalink

Professor Citron Testifies Before Congress on "Deep Fakes"

EPIC Board Member Danielle Citron testified today before the House Intelligence Committee on "The National Security Challenge of Artificial Intelligence, Manipulated Media, and Deepfakes." Professor Citron told Congress "we need a combination of law, markets, and societal resistance" to combat deep fakes and "the phenomenon is going to be increasingly felt by women and minorities." To address the manipulation of online news, EPIC has backed Algorithmic Transparency. EPIC also proposed the Universal Guidelines for Artificial Intelligence as the basis for federal legislation. The Universal Guidelines have been endorsed by more than 250 experts and 60 organizations in 40 countries.

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Algorithmic Transparency

Posted by EPIC on June 13, 2019 10:50 AM | Permalink

Austrian Supreme Court: GDPR Lawsuits Can Be Filed Throughout EU

The Austrian Supreme Court has ruled that complaints concerning the EU General Data Protection Regulation can be brought anywhere in the EU. The decision overturned a ruling by a lower Austrian court which held that a privacy lawsuit against Facebook had to be brought in Ireland, where the company is headquartered. Initiated by Austrian privacy activist Max Schrems, the case alleges that Facebook failed to comply with the GDPR, relying on invalid privacy policies and unlawfully processing data. Schrems recently launched the civil society organization NOYB to pursue collective actions under the GDPR. EPIC is currently participating in DPC v. Facebook before the Court of Justice for the European Union. The European high court will consider whether the transfer of data to the U.S. using standard contract clauses violates fundamental rights. EPIC Senior Counsel Alan Butler will appear before the Court of Justice on July 9th.

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EU Law
GDPR

Posted by EPIC on June 13, 2019 2:20 PM | Permalink

EPIC to Congress: Suspend Facial Recognition at Airports

Earlier this week, the House Homeland Security Committee held a closed-door roundtable briefing on the use of facial recognition technology by the Department of Homeland Security. The Committee met with privacy and civil liberties advocates, including EPIC Senior Counsel, Jeramie Scott. Mr. Scott highlighted EPIC's Freedom of Information Act work related to the use of face recognition at airports. Documents obtained by EPIC, and featured at Buzzfeed, revealed significant flaws in the technology. EPIC highlighted these problems in comments to the agency and an op-ed. Speaking to Members of Congress, Mr. Scott recommended that the facial recognition program to be suspended, and pointed to the recent breach of photos and other sensitive information collected by the agency.

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Posted by EPIC on June 13, 2019 5:45 PM | Permalink

EPIC's Rotenberg Speaks with Mueller Book Club

EPIC President Marc Rotenberg spoke this week with the Mueller Book Club, a national network committed to reading the Mueller Report, "cover to cover." Marc described EPIC's lawsuit to obtain the public release of the complete Mueller Report, and also EPIC's publication of the EPIC v. DOJ version of the Mueller Report, complete with the FOIA redactions and additional materials, available both in print and Kindle formats. Other speakers for the Mueller Book Club have included Eva Patterson, Gloria Steinem, Rep. Jerry Nadler, Ryan Goodman, and Neal Katyal.

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Mueller Report

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

With Complaints Against Facebook Piling Up, FTC Goes After Small Businesses

The FTC today announced a minor settlement with a company called SecurTest over its claims concerning the EU-U.S. Privacy Shield program. The Commission also sent letters to 13 small companies for falsely claiming participation in various privacy programs. The FTC issued no fines and took no further action. The proposed consent agreement is subject to public comment after publication in the Federal Register. The announcement comes more than a year after the Commission said it would reopen the investigation of Facebook, following the Cambridge Analytica scandal. Earlier this year, an EPIC Freedom of Information Act request uncovered more than 26,000 complaints against Facebook pending at the Commission. EPIC brought the original complaint to the FTC in 2009 that led to the 2011 consent order. EPIC has repeatedly urged the FTC to #EnforceTheOrder against Facebook.

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Posted by Caitriona Fitzgerald on June 14, 2019 2:02 PM | Permalink

EPIC Opposes Facebook's Intervention in FOIA Case for Release of FTC's Facebook Audits

In a recent court filing, EPIC opposed Facebook's attempt to intervene in EPIC's lawsuit against the Federal Trade Commission for the release of records concerning the company's compliance with the 2011 Consent Order. EPIC told the court hearing EPIC v. FTC that Facebook does not have standing to intervene because it has not established that it would suffer a substantial competitive harm as a result of public disclosure of the information EPIC is seeking. EPIC also explained that under the Freedom of Information Act companies do not decide for themselves what information they wish to withhold from the public. EPIC's FOIA lawsuit is one of several activities that EPIC is pursuing to hold Facebook accountable for compliance under the 2011 consent order. In a related FOIA lawsuit, EPIC determined that there are more than 26,000 complaints against Facebook currently pending at the FTC. EPIC also launched the #EnforcetheOrder campaign to pressure the FTC to take enforcement action against Facebook. The case is EPIC v. FTC, No. 18-942 (D.D.C).

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Posted by EPIC on June 17, 2019 2:40 PM | Permalink

Digital Privacy at Issue in Hong Kong Protests

In the midst of widespread protests in Hong Kong over a proposed law for extradition, several news organizations have noted that protesters have purchased transportation services in cash rather than use the contactless payment Octopus card. Each Octopus card has a unique serial number and stores transaction records. The Octopus cards are also used for school attendance and building access. The card easily tracks the location of users. The Octopus card was the subject of privacy investigations back in 2010. EPIC has long argued that government data collection programs can stifle freedom of expression and association. EPIC presented the 2019 Champion of Freedom award to Dr. Sophie Richardson for the work of Human Rights Watch concerning surveillance in China.

Posted by EPIC on June 17, 2019 3:00 PM | Permalink

EPIC to Senate Committee: Americans Should Have At Least As Much Protection from Drones as Europeans

EPIC has sent a statement to a Senate committee in advance of a hearing on drone security. EPIC pointed to the new rules for drone operators in Europe. The EU drone rules require real-time drone identification. In 2015, EPIC made very similar recommendations to the FAA to improve drone safety in the United States. EPIC pointed to widely available technology for boats and planes and said that an app should allow anyone to determine the course, location, operator, and purpose of a nearby drone. EPIC restated the remote ID recommendation proposal in a recent statement to the agency. In a letter to the FAA last month, Senators Edward Markey (D-MA) and John Thune (R-SD) also urged the FAA to establish a rule for the real-time, remote identification of drones. During the hearing, an FAA official said the agency will issue a rule on remote drone identification later this year.

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drones

Posted by EPIC on June 18, 2019 4:05 PM | Permalink

EPIC Tells Senate Consumer Safety Commission Responsible for IoT Safety

In advance of an oversight hearing for the Consumer Product Safety Commission, EPIC wrote to the Senate Commerce Committee to say that the CPSC must do more to protect consumers and ensure security of IoT devices. EPIC advised the Commission to require manufacturers to (1) minimize data collection, (2) conduct privacy impact assessments, and (3) implement Privacy Enhancing Techniques. EPIC told the Senate committee that "CPSC should establish mandatory privacy and security standards, and require certification to these standards before IoT devices are allowed into the market stream." In 2017, EPIC and other consumer privacy groups petitioned the CPSC to recall Google Home Mini after it became known that a defect in the product set record to always on. In recent comments to the CPSC, EPIC urged the agency to regulate Internet of Things devices.

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Posted by EPIC on June 19, 2019 5:20 PM | Permalink

IoT Security Bill Moves Forward in Senate

The Senate Homeland Security Committee has advanced a bill governing the security of the Internet of Things. The "Internet of Things Cybersecurity Improvement Act of 2019" sets baseline cybersecurity standards for IoT devices purchased by the federal government. "This legislation will use the purchasing power of the federal government to establish some minimum security standards for IoT devices," said sponsor Senator Mark Warner (D-VA). EPIC recently told Congress that "the IoT network is the weak link in consumer products" and urged the establishment of of mandatory privacy and security standards. The Committee also advanced a bill by Senators Gary Peters (D-MI) and Rob Portman (R-OH) that would promote coordination between the Department of Homeland Security and state and local governments in protecting against cyber threats.

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Internet of Things

Posted by EPIC on June 19, 2019 5:30 PM | Permalink

Senator Hawley Bill Would Mandate Algorithmic Transparency, Limit 230 Immunity

Senator Hawley (R-MO) has introduced the "Ending Support for Internet Censorship Act." The Act would require big tech companies to submit to an external audit that proves that their algorithms and content-removal practices are politically neutral. The bill would remove the immunity big tech companies receive under Section 230 of the Communications Decency Act if the FTC found that the algorithms and content-removal practices were not neutral. In 2007 EPIC explained to the Senate Judiciary Committee that after Google acquired YouTube, Google substituted its own subjective algorithm based on "relevance" for objective criteria, such as number of hits and user ratings. The practical consequence was to elevate the rankings of Google's own web pages and to demote the ranking of other web pages, including EPIC's. EPIC subsequently launched a campaign for algorithmic transparency and urged federal agencies and Congress to mandate algorithmic transparency.

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Posted by EPIC on June 20, 2019 12:00 PM | Permalink

Supreme Court Sidesteps Merits in Junk Fax Case

The Supreme Court today directed a lower court to reexamine PDR Network v. Carlton & Harris Chiropractic, a case which concerns a company's efforts to disregard an FCC rule about junk faxes. The Court told the Fourth Circuit to resolve "preliminary" questions about the legal effect of the FCC rule and the company's ability to challenge the rule through the agency process. EPIC filed an amicus brief in the case. EPIC explained that permitting companies to challenge FCC rules outside the process Congress established "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 and other consumer organizations routinely provide comments to federal agencies through the federal agency rule making process. EPIC also contributed to the development of the robocall and junk fax laws. EPIC has since worked to ensure that telephone users are protected from invasive business 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 June 20, 2019 1:35 PM | Permalink

Privacy of Hospital Records at Issue in Hong Kong Protests

A member of the Hong Kong Legislative Council has reported that the Hospital Authority has disclosed the patient information of political protestors to law enforcement agencies. The Hospital Authority is the statutory body governing all Hong Kong public hospitals. The Authority has denied the allegation. The Council Member Dr. Chan this week produced the hospital records of 76 patients, containing their names, ID numbers, and time, date, and location of admission. On a page marked "For Police," the patients were listed as "mass gathering outside Legco." Legco is the Legislative Council of Hong Kong. So far, four protesters identified in the hospital records have been arrested. EPIC has long advocated for strong confidentiality protections for medical records. EPIC has also warned that data collection programs can stifle freedom of expression.

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Medical Record Privacy

Posted by EPIC on June 20, 2019 4:55 PM | Permalink

EPIC v. DOJ: Court Orders Justice Department to Complete Search for Mueller Records by August 8

In EPIC's lawsuit against the Department of Justice concerning the Mueller investigation, a federal court has ordered the agency to "complete its searches for records responsive" to EPIC's Freedom of Information Act request by August 8. The Court also ordered the parties to appear at a hearing on August 9 to determine a schedule for the production of records to EPIC. The Court had earlier set a hearing on August 5 to consider EPIC's challenges to the many redactions in the Mueller report. Judge Walton stated that the justice Department should process EPIC's open government request as "expeditiously as humanly possible." The case is EPIC v. DOJ, No. 19-810 (D.D.C.).

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Mueller Report

Posted by EPIC on June 21, 2019 9:20 AM | Permalink

EPIC to Lobby for US Privacy Agency

In a statement released today, EPIC's Marc Rotenberg said the privacy organization would lobby for the creation a data protection agency in the United States. Criticizing the failure of the FTC to enforce the consent order against Facebook, Rotenberg said "the Commission has turned its back on the American public...Instead of going after the dominant tech firms that pose the greatest threats to privacy and competition, the FTC has chosen instead to go after small businesses." EPIC's President explained that EPIC had not previously lobbied Congress, but would do so now, "we have decided that EPIC can no longer stand on the sidelines." The statement concluded, "A data protection agency is the cornerstone of effective privacy protection. Data protection agencies act as ombudsmen for the public. They encourage innovation and good business practices. They identify emerging privacy challenges and pursue solutions. They take enforcement action when necessary and they impose penalties that are meaningful. Virtually every democratic country has created a privacy agency. But the United States has not. As a consequence, data breach and identity theft continue to rise in the United States. The pace of mergers is accelerating and the rate of innovation is slowing."

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Posted by EPIC on June 21, 2019 9:30 AM | Permalink

EPIC Urges Accountability for REAL ID Data Collection

In response to a Department of Homeland Security request for comments on REAL ID, EPIC urged the agency to limit data collection and ensure transparency. EPIC recommended that the agency disclose the data it collects from the states. The REAL ID Act requires the states to gather certain personal information to create identity documents that will be accepted by the federal government. Many states opposed the plan. EPIC, supported by a broad coalition, opposed REAL ID because it created a de facto national identity system and exposed Americans to data breaches by criminal hackers who compromised the authenticating documents in state DMVs. EPIC detailed the problems with REAL ID in comments to DHS on the original proposal.

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Posted by EPIC on June 21, 2019 9:40 AM | Permalink

D.C. Circuit Greenlights OPM Data Breach Case

The D.C. Circuit Court of Appeals ruled today that the OPM Data Breach case can move forward, reversing an earlier dismissal by a lower court. The case concerns the data breach at the U.S. Office of Personnel and Management in 2015 that affected 22 million federal employees, their friends, and their family members. The Court ruled that victims of the breach have the legal right, or "standing," to sue over the failure to protect their personal data. "It hardly takes a criminal mastermind to imagine how such information could be used to commit identity theft," the Court wrote. EPIC filed an amicus brief supporting the victims' standing and arguing that "when personal data is collected by a government agency, that agency has a constitutional obligation to protect the personal data it has obtained." The Court ruled that OPM did not violate the constitution in this particular case but left the door open to future lawsuits to enforce the right to information privacy.

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Posted by EPIC on June 21, 2019 1:00 PM | Permalink

White House Updates National AI Research and Development Plan

The White House has published the 2019 update of the National Artificial Intelligence Research and Development Strategic Plan. The report sets out priorities for U.S. AI policy. The 2019 report carries forward seven recommendations from the 2016 plan. The plan underscores the need to address the ethical, legal, and societal implications of AI (Strategy #3), emphasizes safety and security (Strategy #4), and the development of standards and benchmarks (Strategy #6). A new recommendation "focuses on the increasing importance of effective partnerships between the Federal Government and academia, industry, other non-Federal entities, and international allies to generate technological breakthroughs in AI." The 2019 report acknowledges input from "researchers, research organizations, professional societies, civil society organizations and individuals." Common themes included "the importance of developing trustworthy AI systems, including fairness, ethics, accountability, and transparency of AI systems." EPIC also recommended that the US AI strategy incorporate the Universal Guidelines for Artificial Intelligence in national policy. As the report notes, "beyond purely data-related issues, however, larger questions arise about the design of AI to be inherently just, fair, transparent, and accountable."

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Posted by EPIC on June 21, 2019 1:25 PM | Permalink

Supreme Court Limits Access to Government Records, Drops Harm Requirement for Withholding "Confidential" Information

The Supreme Court today narrowed public access to government documents by expanding the definition of "confidential" information. The 6-3 decision by Justice Gorsuch in Food Marketing Institute v. Argus Leader Media overturns four decades of caselaw which held that a company must show substantial competitive harm to block an open government request. Writing in dissent, Justice Breyer, joined by Justices Ginsburg and Sotomayor, emphasized that the FOIA required some showing of harm to prevent public release of business records collected by federal agencies. "The whole point of FOIA is to give the public access to information it cannot otherwise obtain." In an amicus brief, EPIC warned the Court that removing the harm requirement "would deprive the public, and government watchdogs such as EPIC, of access to important information about 'what the government is up to.'" EPIC described several of its own FOIA cases -- including the now defunct airport body scanner program and the ongoing probe of Facebook -- where access to commercial records made possible meaningful oversight and reform. Twenty members of the EPIC Advisory Board, distinguished experts in law, technology, and public policy, signed the amicus brief.

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Posted by EPIC on June 24, 2019 2:20 PM | Permalink

Supreme Court to Review Decision Prohibiting Copyright for Public Law

The Supreme Court has decided to review Georgia v. Public.Resource.Org, a case in which a federal appeals court ruled that Georgia cannot copyright any part of the state's code of laws. Georgia had previously charged citizens as much as $400 to access official "annotations" to the code, which establish the meaning of the state's laws. But the appeals court concluded that "the People are the owners of these works, meaning that the works are intrinsically public domain material and, therefore, uncopyrightable." The case will likely be argued before the Supreme Court in the fall. EPIC has long advocated for public access to court documents and other sources of law. In 2015, EPIC called on federal agencies to make statutes, regulations, adjudications, and relevant court documents freely available on agency websites.

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Posted by EPIC on June 24, 2019 5:00 PM | Permalink

EPIC Files Court Papers for Release of Complete Mueller Report

EPIC has moved for summary judgment in EPIC v. Department of Justice, EPIC's case for the release of the complete and unredacted Mueller Report. EPIC told the Court that "the nation's ability to fully assess the Report is hindered by the decision of the Justice Department to withhold critical information from the American public." EPIC argued that the Justice Department had unlawfully redacted extensive material and urged Judge Reggie B. Walton to personally review the full Report. Judge Walton previously said EPIC's case should move "as expeditiously as humanly possible" and ordered the parties to brief the case on an accelerated schedule. A hearing on EPIC's motion is set for August 5. The case is EPIC v. Department of Justice, No. 19-810 (D.D.C.). Copies of the Mueller report obtained by EPIC, related materials, and background on the case is available for purchase at the EPIC Bookstore.

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Posted by EPIC on June 25, 2019 10:30 AM | Permalink

Privacy Board to Review Use of Biometrics at Airports, Privacy of Passenger Data, and FBI Surveillance

The Privacy and Civil Liberties Oversight Board has announced three new oversight projects. The PCLOB reviews federal agency programs to ensure they do not diminish privacy and civil liberties. The Board said it will review: (1) the use of biometrics, such as facial recognition, in airports; (2) how the FBI queries data collected under the Foreign Intelligence Surveillance Act's Section 702, including searches for US person information called "backdoor searches"; and (3) oversight of passenger identity databases used by airlines. Earlier this year, EPIC sent a statement to the Board urging limits on the government use of facial recognition and and end to backdoor searches. In 2012, EPIC sent a detailed statement to PCLOB outlining priorities for the agency. 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 June 26, 2019 11:55 AM | Permalink

Mueller to Testify Before Congress on July 17

Special Counsel Robert Mueller will testify before Congress on Wednesday, July 17, according to the chairs of the House Judiciary and Intelligence Committees. "Americans have demanded to hear directly from the Special Counsel so they can understand what he and his team examined, uncovered, and determined about Russia's attack on our democracy," Chairmen Jerrold Nadler and Adam Schiff said in a statement. Mueller's testimony comes as EPIC is pursuing the release of the complete and unredacted Mueller Report in EPIC v. Department of Justice. Judge Reggie B. Walton will hold a hearing on EPIC's case August 5. Copies of the Mueller report obtained by EPIC, related materials, and background on the case are available for purchase at the EPIC Bookstore. (Jun. 25, 2019)

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Posted by EPIC on June 26, 2019 1:50 PM | Permalink

Congress, FTC Take Action Against Robocallers

A House subcommittee voted unanimously to advance a wide-ranging bill intended to crack down on robocalls. The Stopping Bad Robocalls Act (H.R. 3375) would enroll customers in free call-blocking programs and take more aggressive rulemaking steps to ensure people only get calls they ask to receive. The FTC also announced a partnership with state enforcers--"Operation Call it Quits"—to crack down on illegal robocalls. The initiative includes 94 actions targeting robocallers responsible for more than one billion calls. EPIC has worked to ensure that telephone users are protected from invasive business 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 June 27, 2019 10:00 AM | Permalink

Supreme Court Blocks Census Citizenship Question

The U.S. Supreme Court has blocked the citizenship question from inclusion on the 2020 Census, upholding the result reached in a lower court. The Court ruled that the Commerce Department's decision to collect citizenship data "cannot be adequately explained" by the rationale provided by the agency. "Altogether, the evidence tells a story that does not match the explanation the Secretary gave for his decision," Chief Justice John Roberts wrote. Although the Court gave the Commerce Department a second chance to provide a "reasoned explanation" for the citizenship question, the government has said that it must begin printing forms by July 1—four days from now. EPIC is separately seeking to block the Census Bureau's collection of citizenship data because the agency has failed to complete required privacy impact assessments. A decision is expected soon from the D.C. Circuit. EPIC's case is EPIC v. Commerce, No. 19-5031 (D.C. Cir). EPIC also filed an amicus brief in the Supreme Court case, joined by 23 legal scholars and technical experts, warning that "collecting citizenship status information from hundreds of millions of U.S. residents presents enormous privacy and security concerns." EPIC said further "in failing to assess the risks that would result from the collection of personal data regarding citizenship status, the Census Bureau has violated its obligations under the E-Government Act."

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Posted by EPIC on June 27, 2019 12:20 PM | Permalink

At G-20, Merkel Calls for Comprehensive AI Regulation

Speaking at the G-20 Summit in Japan, German Chancellor Angela Merkel called for the European Commission to propose comprehensive regulation for artificial intelligence. "It will be the job of the next Commission to deliver something so that we have regulation similar to the General Data Protection Regulation that makes it clear that artificial intelligence serves humanity," Chancellor Merkel said. EPIC recently urged the U.S government to implement the OECD Principles on Artificial Intelligence and the Universal Guidelines for AI as standards for U.S. AI policy. Over 250 experts and 60 organizations, representing more than 40 countries have endorsed the Universal Guidelines, which are intended to maximize the benefits of AI, to minimize the risk, and to ensure the protection of human rights.

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Posted by EPIC on June 28, 2019 9:20 AM | Permalink

CPDP 2020 Conference "Data Protection and Artificial Intelligence" - Call for Papers

Computers, Privacy and Data Protection, the leading international conference devoted to privacy and data protection, has opened a call for papers ahead of the 2018 conference. The 13th annual conference will take place in Brussels on January 22-24, 2020. The theme of the conference is "Data Protection and Artificial Intelligence." The CPDP 2020 call for papers is addressed to all researchers who wish to present papers at this year's conference. Papers will be reviewed by the CPDP Scientific Committee. The deadline for submission is Tuesday, October 1, 2019. EPIC is one of the founders of CPDP and an annual sponsor of the event. The EPIC International Champion of Freedom Award will be presented at CPDP.

Posted by EPIC on June 28, 2019 9:45 AM | Permalink

Professor Sweeney Testifies Before Congress on Election Security

EPIC Advisory Board member and Harvard Professor Latanya Sweeney testified this week before the House Science Committee for a hearing on "Election Security: Voting Technology Vulnerabilities." Professor Sweeney is the lead author on a paper that surveyed vulnerabilities in voter information websites in 2016. She found that the voter information websites for 35 states and DC were vulnerable to identity theft attacks, meaning a hacker could submit changes to voter registration information. Professor Sweeney recommended that Congress urge states to improve security on voter registration websites, such as using the latest version of CAPTCHAs. EPIC has long defended voter privacy including EPIC's case that led a now-defunct Presidential Commission to delete state voter data it unlawfully obtained.

Posted by EPIC on June 28, 2019 10:05 AM | Permalink

Travis LeBlanc Confirmed For Privacy Oversight Board

The Senate has confirmed three members to the Privacy and Civil Liberties Oversight Board, including EPIC Advisory Board member Travis LeBlanc. LeBlanc is a partner at Boies Schiller, and former Federal Communications Commission Enforcement Bureau Chief. Aditya Bamzai and Ed Felten were also confirmed. Aditya Bamzai is a law professor at the University of Virginia and former Department of Justice attorney. Professor Ed Felten is a former Chief Technology Officer for the FTC, former Deputy White House Science Advisor, and past member of the EPIC Advisory Board. The confirmations establish a quorum for the long dormant agency. The European Parliament has called for suspension of the Privacy Shield if the U.S. does not to improve data protection and restore the PCLOB. EPIC previously testified before PCLOB, made recommendations for PCLOB's handling of FOIA requests, and set out a broad agenda for the work of the independent agency. EPIC previously sought public release of the PCLOB report on Executive order 12333. In 2016, EPIC awarded the Champion of Freedom Award to former PCLOB Board Member Judge Patricia Wald.

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PCLOB

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

Facebook Fined 1,000,000 Euro Over Cambridge Analytica Scandal

The Italian Data Protection Authority has fined Facebook 1 million euros for its misuse of personal data in the Cambridge Analytica scandal. The authority said that 57 Italian users downloaded the "ThisIsYourDigitalLife" app through Facebook, which enabled Cambridge Analytica to unlawfully collect the personal data of more than 200,000 Italians. Meanwhile, the Federal Trade Commission has failed to issue any fines or take any action against Facebook in the fifteen months since the Cambridge Analytica scandal broke. EPIC brought the original complaint to the FTC in 2009 that led to the 2011 consent order against Facebook. Earlier this year, an EPIC Freedom of Information Act request uncovered more than 26,000 complaints against Facebook pending at the Commission. EPIC has repeatedly urged the FTC to #EnforceTheOrder against Facebook.

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Cambridge Analytica

Posted by EPIC on June 28, 2019 10:15 AM | Permalink

House Passes Election Security and Paper Ballot Bill

The House of Representatives has passed the SAFE Act, an election security bill establishing cybersecurity safeguards for election equipment, prohibiting wireless modems in voting machines, and requiring paper ballots. The bill would also provide for grants to states that perform risk-limiting audits. EPIC, along with the U.S. Technology Policy Committee of the Association for Computing Machinery, recently filed comments to the Election Assistance Commission. The groups urged the Commission to ban internet-connected voting machinery, citing the risks to voting integrity and democratic institutions. "The EAC should ban the use of internet-connected voting machines and protect ballot secrecy," EPIC and USTPC said. EPIC has a long history of working to protect voter privacy and election integrity.

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Posted by EPIC on June 28, 2019 10:20 AM | Permalink

Professor Strossen Testifies on Social Media and Censorship

EPIC Advisory Board member and New York Law School Professor Nadine Strossen testified this week before the House Homeland Security Committee for a hearing on "Examining Social Media Companies' Efforts To Counter Online Terror Content and Misinformation." Professor Strossen advocated for non-censorial strategies to countering terror content and misinformation on social media. EPIC has previously told Congress that "algorithmic transparency" could help establish fairness, transparency, and accountability for much of what users see online.

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Posted by EPIC on June 28, 2019 10:30 AM | Permalink

EPIC Amicus: Georgia's Electronic Voting Machines Unreliable, Fail to Safeguard Secret Ballot

In an amicus brief, joined by 31 legal scholars and technical experts, EPIC has asked a federal court to stop Georgia’s use of Direct Recording Electronic voting machines. Experts in election security have shown that DREs are insecure, vulnerable to attack, fail to provide a paper trail that enables auditing, and subject vote tallies to manipulation by remote adversaries. DREs systems also undermine the secret ballot as particular voters could be linked to particular votes. EPIC told the court, “the continued use of these systems poses a direct threat to personal privacy, election integrity, and democratic institutions.” In 2016, EPIC published "The Secret Ballot at Risk: Recommendations for Protecting Democracy," highlighting the importance of the secret ballot for American democracy.. The case is Curling v. Raffensperger.

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Posted by Caitriona Fitzgerald on June 28, 2019 10:04 PM | Permalink

EPIC v. Commerce: D.C. Circuit Rules Privacy Impact Assessments Not Available to the Public

The D.C. Circuit has issued a decision in EPIC v. Commerce, EPIC’s suit to halt the collection of citizenship data in the 2020 Census over the government’s failure to complete required Privacy Impact Assessments. Under the E-Government Act, federal agencies must make Privacy Impact Assessments “publicly available” before undertaking a new collection of personal data. Yet the D.C. Circuit ruled that the statute does not “vest a general right of information in the public” that would allow parties to obtain information about the government’s data collection practices. The court acknowledged that EPIC can sue on behalf of its members, but concluded that one of the leading privacy organizations in the country did not have a legal basis to obtain Privacy Impact Assessments from the federal government. EPIC may appeal the decision.

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Posted by John Davisson on June 29, 2019 2:49 PM | Permalink