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August 2019 Archives

August 1, 2019

Voter Privacy Act Would Limit Targeting

Senator Dianne Feinstein (D-CA) has introduced the Voter Privacy Act, S. 2398, a bill to ensure privacy with respect to voter information. The Act would give voters basic rights regarding their personal data: right of access, right of notice, right of deletion, right to prohibit transfer, and the right to prohibit targeting. The Federal Election Commission would oversee enforcement of the Act. “Political candidates and campaigns shouldn’t be able to use private data to manipulate and mislead voters. This bill would help put an end to such actions,” Senator Feinstein said. The bill cites EPIC Advisory Board members Julie E. Cohen's forthcoming publication “Between Truth and Power,” quoting "today's networked information flows are optimized to produce what social psychologist Shoshana Zuboffcalls instrumentarian power: They employ a radical behaviorist approach to human psychology to mobilize and reinforce patterns of motivation, cognition, and behavior that operate on automatic, near-instinctual levels and that may be manipulated instrumentally.” The Voter Privacy Act was referred to the Senate Rules Committee.

Continue reading "Voter Privacy Act Would Limit Targeting" »

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Posted by Caitriona Fitzgerald on August 1, 2019 2:15 PM |

U.S. AI Commission Releases Initial Report, Priorities Ignored, Secret Meetings Continue

The National Security Commission on Artificial Intelligence, following months of closed-door meetings, has released a four-page initial report. The disclosure follows an EPIC Freedom of Information Act request seeking the report and related records. Created by Congress in 2018, the AI Commission is tasked with considering “the methods and means necessary to advance the development of” AI to address national security and defense needs. But the Commission’s initial report makes no mention of the risks of AI, “international humanitarian law, and escalation dynamics," despite Congress’s express instructions to address these concerns. The report also contains no discussion of protecting privacy and civil liberties, as is required by an Executive Order concerning "American Leadership on Artificial Intelligence." Representatives of large tech firms, including Google and Microsoft, dominate the Commission. According to the report, the Commission has held 13 plenary and working group meetings in secret—a clear violation of the Federal Advisory Committee Act.

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Posted by John Davisson on August 1, 2019 2:35 PM |

EPIC Asks Senate Rules Committee to Investigate Tech Task Force’s Closed-Door Meetings

EPIC, the Center for Digital Democracy, and the Consumer Federation of America have written to the Senate Rules Committee regarding a closed-door meeting of a Senate “Tech Task Force.” The groups allege that the meeting violated the Senate Rules of Procedure for open meetings, public notice, and recording of Committee meetings. As EPIC and the groups explained, "the Senate Rules of Procedure establish a strong presumption that meetings of the Senate shall be open to the public." There are six narrow exceptions to this rule, none of which apply to the meeting of the “Judiciary Committee Tech Task Force” held on July 18, 2019 in the hearing room of the Senate Judiciary Committee. The meeting included four industry lobbyists, members of the Senate and their staff. The public and the press were not notified of the meeting, nor were they invited, nor was a record of the meeting created. EPIC, CDD, and CFA asked the Rules Committee to open an investigation and make a determination, and then instruct the Member to conduct meetings in accordance with the Senate Rules and Regulations. The groups said "Open meetings, public notice, and hearing records are central to the integrity of the United States Senate.” The groups wrote earlier to the Senator who organized the Tech Task Force, expressing support for the initiative but also urging her to establish a more "open, inclusive process."

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Posted by Caitriona Fitzgerald on August 1, 2019 4:44 PM |

EPIC Comments on FTC Safeguards Rule

EPIC provided comments to the FTC on the agency's proposed update to the Safeguards Rule on data security for financial institutions. In the proposal, the FTC highlighted that EPIC "recommended that certain practices set forth in the FTC's Safeguards Rule Guidance, such as employee background checks, authentication requirements, and encryption, should be mandatory." EPIC's comments (1) express support for the FTC's decision to mandate baseline security requirements, (2) request that the Safeguard Rules apply to all organizations and companies that collect consumer data, and (3) urge the FTC impose data minimization requirements. Recent breaches have highlighted the need for stronger data protection laws. EPIC has renewed calls for a data protection agency in the U.S.

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Posted by Caitriona Fitzgerald on August 1, 2019 9:20 PM |

August 2, 2019

Google Speech Transcription Suspended in Europe

Following an investigation by a German data protection agency, Google has suspended Assistant for a three-month period. Johannes Caspar, the head of the Hamburg data protection agency, found Google was recording and transcribing private conversations for examination by Google contractors. Caspar said there are "significant doubts" as to whether Google Assistant complies with EU data-protection law. Caspar previously uncovered the fact that Google Street View vehicles were intercepting and recording private wifi communications, a charge that Google denied until the hard drives in the Google vehicles were examined. In the US, Google settled a "Spy-Fi" case for $7 m with state AGs following the investigation by the German privacy agency. EPIC previously asked the FTC and the Department of Justice to determine whether "always on" devices violate federal wiretap law. Neither agency has made a determination.

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Posted by Caitriona Fitzgerald on August 2, 2019 9:37 AM |

Court to Hear Arguments in EPIC Case for Release of Complete Mueller Report

EPIC will argue in federal court on Monday for the release of the complete and unredacted Mueller Report. The hearing in EPIC v. Department of Justice is set for 10 a.m. before Judge Reggie B. Walton. In briefs recently filed with the court, EPIC warned 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." Judge Walton has said that EPIC's case should move "as expeditiously as humanly possible" and ordered the parties to brief the case on an accelerated schedule. Copies of the Mueller Report obtained by EPIC, related materials, and background on the case are available for purchase at the EPIC Bookstore.

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Posted by John Davisson on August 2, 2019 4:15 PM |

August 5, 2019

Congress Seeks Answers on Capital One Data Breach

Top-ranking Republicans on the House Oversight and Reform Committee sent a letter to Capital One and Amazon seeking briefings on the data breach that compromised the personal information of 106 million people. Rep. Maxine Waters, Chair of the House Committee on Financial Services, released a statement that said "I plan to work with my colleagues and take action in the Financial Services Committee on legislation to improve oversight of the cybersecurity of financial institutions." In testimony before the Senate and the House several years ago, EPIC warned Congress that US financial institutions were not doing to safeguard consumer data. Following the Capitol One data breach, EPIC President Marc Rotenberg wrote for CNN that "Congress needs to update federal privacy laws, establish meaningful oversight, and encourage business practices that are more resilient when breaches occur."

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Posted by EPIC on August 5, 2019 1:50 PM |

International DPAs Raise Concerns About Facebook and Libra

Data protection commissioners from several countries published a joint statement on Facebook's proposed Libra currency network. The Commissioners said "strong privacy safeguards are the foundation for innovation in the digital world" and "we are joining together to express our shared concerns about the privacy risks posed by the Libra digital currency and infrastructure." The Commissioners said Facebook has "failed to specifically address the information handling practices that will be in place to secure and protect personal information." The Commissioners cited EPIC statements for Senate and House warning stating that "Facebook clearly cannot be trusted with consumers' financial data." EPIC also joined a coalition of consumer groups calling for an end to Facebook's Libra plan.

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Posted by EPIC on August 5, 2019 5:20 PM |

Government Seeks to Block EPIC Intervention in Facebook Case

The federal government has asked a court to deny EPIC's Motion to Intervene in United States v. Facebook, a case which concerns a proposed settlement between the Federal Trade Commission and Facebook. EPIC filed the motion to protect the privacy interests of Facebook users. EPIC argued that the settlement "is not adequate, reasonable, or appropriate." EPIC also explained that the settlement would extinguish more than 26,000 consumer complaints against Facebook pending at the FTC. EPIC has asked the court for an opportunity for EPIC and others to be heard before the settlement is finalized. EPIC filed the original complaint that created legal authority for the FTC to oversee Facebook. Many members of Congress, consumer organizations, and corporate law experts have opposed the proposed settlement, which was narrowly approved by the Commission, 3-2.

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Posted by EPIC on August 5, 2019 6:00 PM |

August 6, 2019

EPIC Comments on Canada Transborder Data Flow Policy

EPIC provided comments to the Office of the Privacy Commissioner on Canada's policy for transborder data flows. EPIC urged the OPC to require that legal protection for personal data protection extend across borders, citing risks to privacy after the Capital One breach impacted affected six million Canadians. EPIC also encouraged the OPC to recognize multiple grounds for transfer, coupled with strong accountability measures. This approach is reflected in the EU General Data Protection Regulation and the Council of Europe's Modernized Privacy Convention. EPIC recently submitted comments on the third annual review of the EU-U.S. Privacy Shield, a framework that permits the transfer of Europeans' personal data to the U.S. EPIC detailed the latest developments in the U.S., including the failure to reform bulk surveillance under Section 702 of FISA, the absence of comprehensive federal privacy law and a data protection authority, the full slate appointments to the PCLOB, and U.S. endorsement of the OECD AI Principles.

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Posted by EPIC on August 6, 2019 12:50 PM |

August 7, 2019

EPIC v. DEA: Court Rules Agency Can Keep Secret the Names of Agencies Using Hemisphere

A federal court in Washington, DC ruled this week that the DEA does not have to disclose to EPIC the names of the other agencies that use the Hemisphere call records database managed by AT&T. Earlier in the same FOIA case, EPIC obtained documents from DEA which revealed that both the FBI and CBP query the Hemisphere database. The agency was allowed to submit a secret affidavit in support of its claims, but the court ordered the agency to file a revised declaration, "consistent with its recent disclosures to EPIC."

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Posted by EPIC on August 7, 2019 11:00 AM |

Following EPIC's Advice, Third Circuit Nixes Google Deal

A federal appeals court has rejected a proposed class action settlement in a case involving Google's tracking of internet users in violation of the users' privacy settings. The court was particularly "troubled" by the prior relationships between Google, class counsel, and the organizations selected to receive funds in the settlement. The court found that "if challenged by an objector, a district court must review the selected cy pres recipients to determine whether they have a significant prior affiliation with any party, counsel, or the court." EPIC had urged the court to reject the deal in an amicus brief. EPIC said the settlement was "fundamentally flawed" because "Google is allowed to continue its unlawful conduct and the class members receive no monetary relief." EPIC also explained that the selection of organizations awarded in the settlement "raise significant conflicts of interest concerns." EPIC has proposed an objective basis for courts to make determinations in consumer privacy cases that protect the interests of class members and avoid the risk of collusion between the parties in settlement.

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Posted by EPIC on August 7, 2019 11:40 AM |

August 8, 2019

Federal Appeals Court Says Consumers Can Sue Facebook for Facial Recognition

A federal appeals court has ruled that users can sue Facebook for collecting and using their facial images. In Patel v. Facebook, users contend that Facebook violated an Illinois biometric privacy law by creating biometric templates of their faces without their consent. The court found that the Illinois law "protects the plaintiffs' concrete privacy interests" and violations of the law "pose a material risk of harm to those privacy interests." The court cited the common law roots of the right to privacy and also noted that "the Supreme Court has recognized that advances in technology can increase the potential for unreasonable intrusions into personal privacy." EPIC filed an amicus brief in the case, arguing that the violation of the privacy law was sufficient for Facebook users to sue the company. EPIC wrote the "Illinois Biometric Information Privacy Act imposes, by statute, legal obligations on companies that choose to collect and store individuals' biometric data." EPIC said that plaintiffs must only "demonstrate that a defendant has invaded a concrete interest protected by the law—nothing more." Last year, EPIC filed an amicus brief in Rosenbach v. Six Flags, where the Illinois Supreme Court unanimously decided that consumers can sue companies that violate the state's biometric privacy law. EPIC routinely submits briefs in support of consumers' right to sue in privacy case. EPIC has also long advocated for limits on the use of biometric data and has opposed Facebook's use of facial recognition software.

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Posted by EPIC on August 8, 2019 3:55 PM |

EPIC, Legal Scholars, Technology Experts Publish Statement on US AI R&D Policy

EPIC and more than two dozen legal scholars and technical experts have filed comments on a White House Office of Management and Budget proposal to open federal data sets for AI research and development. "EPIC supports the public availability of data from the federal government for use in AI research, development, and testing that is not personally identifiable information," the document states. However, the experts strongly cautioned "against the use of data sets containing personally identifiable information," noting that federal agencies are under legal obligations to safeguard personal information. "EPIC's view of the use of government data for AI reflects long-standing practices in federal information policy that seek to maximize public access to public information while restricting access to personal data," the letter stated. EPIC also encouraged compliance by federal agencies with the OECD Principles on Artificial Intelligence, which the US recently endorsed, and the Universal Guidelines for AI. Both frameworks emphasize the importance of privacy protection in AI research. EPIC has previously proposed the UGAI as the basis for federal AI policy - twelve principles intended to maximize the benefits of AI, to minimize the risk, and to ensure the protection of human rights. The Universal Guidelines have been endorsed by more than 250 experts and 60 organizations in 40 countries.

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Posted by EPIC on August 8, 2019 6:10 PM |

August 12, 2019

NIST Publishes Plan For AI Technical Standards

The National Institute of Standards and Technology has published a plan for federal involvement in developing AI technical standards. The NIST report states that it "is important for those participating in AI standards development to be aware of, and to act consistently with, U.S. government policies and principles, including those that address societal and ethical issues, governance, and privacy." NIST recommends the government (1) bolster AI standards expertise in federal agencies, (2) support public and private sector engagement in crafting AI standards, (3) translate requirements for trustworthy AI into practical standards, and (4) strategically engage around the world. NIST also calls for research into benchmarking "the reliability, robustness, and trustworthiness of AI systems" and "improve AI evaluations and methods for verification and validation," as well as the incorporation of ethical considerations and "human-centered" values. EPIC filed comments on the NIST plan, urging the U.S. to adopt the OECD Principles on Artificial Intelligence and the Universal Guidelines for AI. Both frameworks require rights-protective AI, verified as robust and reliable throughout its lifecycle.

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Posted by EPIC on August 12, 2019 3:15 PM |

EPIC Pursues Intervention in FTC Facebook Case

EPIC has filed a reply brief in support of its motion to intervene in United States v. Facebook, a case concerning the proposed settlement between the Federal Trade Commission and Facebook. The Government and Facebook have sought to block EPIC's participation. EPIC pursued intervention to protect the interests of Facebook users and to ensure that pending complaints at the FTC were not ignored. EPIC told the court overseeing the case that the settlement "is not adequate, reasonable, or appropriate." In response to Facebook and the government, EPIC explained that the settlement is "arbitrary and capricious because the Commission seeks to grant Facebook immunity from any unlawful practices identified in prior consumer complaints, without addressing or even identifying the prior complaints." EPIC also argues that the FTC's failure to consider public comments on the settlement, as the agency is required to do under its own regulations, "denies EPIC and others the opportunity to submit comments on the consent agreement." An EPIC FOIA lawsuit uncovered more than 26,000 complaints against Facebook pending at the agency. In 2009, EPIC and other consumer privacy organizations filed the original complaint that created legal authority for the FTC to oversee Facebook's privacy practices. Many members of Congress, consumer organizations, and corporate law experts have opposed the proposed settlement, which was narrowly approved by the Commission, 3-2.

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Posted by EPIC on August 12, 2019 6:20 PM |

August 15, 2019

Federal Court: Georgia Must Replace DRE Voting Systems by 2020

A federal court has ruled that Georgia must replace Direct Recording Electronic voting machines before the 2020 election. The court also ruled that Georgia must develop a contingency plan with hand-marked paper ballots with optical ballot scanners and voter-verifiable, audible ballot records. EPIC, in an amicus brief joined by 31 legal scholars and technical experts, urged the court to stop Georgia's use of Direct Recording Electronic voting machines. EPIC told the court, "the continued use of these systems poses a direct threat to personal privacy, election integrity, and democratic institutions." The court cited EPIC's brief, noting "almost from their inception, DREs have been plagued by warnings that the voting machines are unreliable, insecure, and unverifiable." Georgia's Secretary of State recently announced that the state would purchase Ballot Marking Devices but technical experts have said these devices have many of the same vulnerabilities as DRE voting machines. The case is Curling v. Raffensperger.

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Posted by EPIC on August 15, 2019 11:30 AM |

EPIC Comments on Council of Europe Draft AI Recommendation

EPIC has filed comments on the Council of Europe's Recommendation on AI and human rights. Drafted by a committee of human rights experts, the Recommendation is expected to be adopted by the COE in early 2020. EPIC expressed strong support for the draft Recommendation, noting nearly all of the Universal Guidelines for Artificial Intelligence principles are included. EPIC also recommended the COE incorporate UGAI principles prohibiting secret profiling and unitary scores and requiring termination of AI systems that spin out of control. Intended to maximize the benefits of AI, to minimize the risk, and to ensure the protection of human rights, over 250 experts and 60 organizations have endorsed the Universal Guidelines. EPIC also recently urged the White House to safeguard personal data in U.S. AI research and development.

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Posted by EPIC on August 15, 2019 11:40 AM |

Grindr User Asks Supreme Court to Hear Dating App Abuse Case

A Grindr user has asked the U.S. Supreme Court to review a federal appellate court's refusal to find the dating app liable for failing to remove a false profile that enabled abuse. EPIC filed an amicus brief in Herrick v. Grindr, arguing that Section 230, the law the appeals court found barred liability, was intended to "encourage internet service providers to police their platforms," not to "give platforms carte blanche to ignore harassment and abuse." EPIC explained that victims may be subjected to ongoing "psychological, social, and financial harm" if internet services are not accountable for harassment and abuse. EPIC routinely files friend of the court briefs in cases concerning emerging privacy and civil liberties issues. Herrick's attorney (and EPIC Champion of Freedom Award winner) Carrie Goldberg recently published "Nobody's Victim: Fighting Psychos, Stalkers, Pervs, and Trolls."

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Posted by EPIC on August 15, 2019 5:15 PM |

August 16, 2019

Administration Seeks Reauthorization of NSA Phone Record Program

The Administration is seeking reauthorization of the NSA phone record collection program, according to a letter from Director of National Intelligence Dan Coats published by the New York Times. The Patriot Act "Section 215" program originally allowed the bulk collection of all telephone records of Americans. In 2013, following the Snowden disclosures, EPIC filed a petition with the Supreme Court, challenging the lawfulness of the bulk collection program. Congress then held extensive hearings which found the program was ineffective and later passed the USA Freedom Act, which limited the data collection. NSA has since acknowledged significant compliance problems with the Freedom Act, and the Coats letter confirms that the program was subsequently suspended. EPIC has joined civil liberties organizations in calling for a permanent end to the NSA's phone record collection program.

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Posted by EPIC on August 16, 2019 10:27 AM |

August 20, 2019

Just Security Publishes Expert Summaries of Mueller Report

Just Security has published a new collection of expert summaries of the Mueller Report. The collection includes two entries by Professor Jennifer Daskal, Chair of the EPIC Board, on Russian hacking operations and Special Counsel's charging decisions under the Foreign Agent Registration Act. In EPIC v. DOJ, EPIC is seeking the complete, unredacted Mueller Report. EPIC recently argued for the full release of the Report before Judge Reggie B. Walton. A ruling in the case is expected this fall. Copies of the Mueller Report obtained by EPIC, related materials, and background on the case are available for purchase at the EPIC Bookstore.

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Posted by EPIC on August 20, 2019 12:10 PM |

Facebook Faces More Civil Rights Lawsuits

A new lawsuit alleges that Facebook violated the Fair Housing Act by allowing advertisers to use factors such as race, sex, and disability to prevent home buyers and renters from seeing housing ads. Facebook recently settled claims and made changes to its advertising practices following lawsuits by the Department of Housing and Urban Development. EPIC is currently challenging the FTC's settlement with Facebook, arguing that it provides little benefit to Facebook users. EPIC also supports algorithmic transparency, which would reduce bias and help ensure fairness in automated decisionmaking. EPIC 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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Posted by EPIC on August 20, 2019 1:15 PM |

August 21, 2019

Giovanni Buttarelli, 1957-2019

Giovanni Buttarelli, the European Data Protection Supervisor and the recipient of the 2019 EPIC Champion of Freedom Award, has passed. He was 62. "We are all profoundly saddened by this tragic loss of such a kind and brilliant individual. Throughout his life Giovanni dedicated himself completely to his family, to the service of the judiciary and the European Union and its values," Buttarelli's office said in a statement. Buttarelli led efforts in the European Union and around the world to establish privacy as a fundamental human right. At the 2018 privacy commissioners conference in Brussels, he spoke about the need to place humanity at the forefront of the digital society. Buttarelli said "we need to establish a sustainable ethics for a digital society." Buttarelli was also one of the first signatories of the Universal Guidelines for Artificial Intelligence, a framework for AI governance based on the protection of human rights. At the 2019 EPIC Champion of Freedom Awards event in Brussels, Shoshana Zuboff (11:30) said “Giovanni has lifted our sights . . . to the essence of the quality of the information society that will be our true legacy . . .” Buttarelli remarks (16:45).

Posted by Jeramie D. Scott on August 21, 2019 5:43 PM |

August 22, 2019

Company Violates Privacy Shield, FTC Imposes No Penalty

The FTC entered into an enforcement agreement against background screening company SecurTest for falsely claiming to offer privacy protections to EU citizens. According to the FTC, SecurTest's website falsely claimed to participate in the EU-U.S. Privacy Shield, a framework that permits the transfer of Europeans' personal data to the U.S. The settlement requires Securtest to halt misrepresentations and submit to compliance monitoring, but provides no remedy to those EU citizens who used the service. In recent comments on the Privacy Shield, EPIC noted the absence in the US of a comprehensive federal privacy law and a data protection authority, with the authority to enforce privacy rights. The European Commission will formally decide whether to renew the pact this fall.

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Posted by EPIC on August 22, 2019 2:10 PM |

Gallup Poll: Americans Divided on Regulation for Big Tech Firms

A new Gallup poll found that 48 percent of respondents said the government should boost its regulation of technology companies like Amazon, Facebook and Google, while 40 percent said regulation of these firms shouldn't change. Roughly 60 percent of self-identified liberals, union members, college graduates and Democrats support increased oversight of tech companies. EPIC maintains an extensive page on Privacy and Public Opinion which shows consistent support among Americans for stronger laws to protect their privacy. EPIC has also opposed mergers that threaten consumer privacy, including Facebook's acquisition of WhatsApp, Google's acquisition of DoubleClick, and Google's acquisition of Nest Labs.

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Posted by EPIC on August 22, 2019 2:20 PM |

Senators Press NHTSA on Dangers of Internet-Connected Cars

Senators Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) sent a letter to the National Highway Traffic Safety Administration to ask about the steps taken to protect consumers from the security vulnerabilities of internet-connected cars. The senators wrote: "We are concerned by the lack of publicly-available information about the occurrence and handling of cyber vulnerabilities in internet-connected cars, and believe that NHTSA should be aware of these dangers in order to take possible regulatory action." In comments to NHTSA, EPIC called for national safety standards for connected cars. EPIC also underscored the privacy risks of modern vehicles in a recent amicus brief to the Supreme Court.

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Posted by EPIC on August 22, 2019 2:30 PM |

Congress to Consider Moratorium on Facial Recognition

POLITICO reports that House leaders will consider a moratorium on funding facial recognition following a House Oversight Committee hearing on DHS facial recognition programs. Prior to the hearing, EPIC briefed members of the House committee about the entry-exit program at US airports. Air travelers have reported that it is difficult to opt-out and the agency has still not conducted a required rulemaking. Last month, EPIC led a coalition of over 35 organizations urging Congress to halt the use of face recognition on the general public. In a statement in April to the House Appropriations Committee, EPIC recommended that Congress halt the funding for the facial recognition program at TSA, also within the DHS. After a Buzzfeed story featured documents obtained by EPIC about plans to expand facial recognition at airports, Senators Ed Markey (D-MA) and Mike Lee (R-UT) called for the suspension of the program.

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Posted by EPIC on August 22, 2019 7:00 PM |

August 26, 2019

EPIC Challenges Justice Department's Refusal to Search for Location Tracking Orders

EPIC has filed an amended complaint against the Justice Department, charging that the agency engages in a "pattern and practice" of violating the Freedom of Information Act. Earlier EPIC filed a FOIA lawsuit to compel the DOJ to disclose records about locational surveillance that the Supreme Court ruled was unconstitutional in Carpenter v. United States. EPIC first filed requests in 2017 to obtain copies of government applications to ISPs that require the disclosure of customers communications. After EPIC filed suit in August 2018, the DOJ refused to search for the records and claimed that it "does not track" the surveillance orders. EPIC now alleges that the DOJ has engaged in a pattern and practice that violates the FOIA. Federal agencies are required by law to search for records that are "reasonably described." EPIC wrote "agency's unlawful policy, pattern, and practice of refusing to conduct a search in response to reasonably described FOIA requests such as EPIC's will continue absent intervention by this Court." The case is EPIC v. DOJ, No. 18-1814 (D.D.C.).

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Posted by EPIC on August 26, 2019 3:00 PM |

August 28, 2019

Supreme Court Asked to Hear Donor Privacy Case

An advocacy group has asked the U.S. Supreme Court to hear a case concerning a California law requiring charitable organizations to disclose the names and addresses of their major donors. Last year, a federal appellate court found that the law does not violate the First Amendment "because the information is collected solely for nonpublic use, and the risk of inadvertent public disclosure is slight." EPIC filed an amicus brief in the case, arguing that the reporting requirement "infringes on several First Amendment interests, including the free exercise of religion, the freedom to express views without attribution, and the freedom to join in association with others without government monitoring." Citing several data breaches concerning state records, EPIC also explained that California had "failed to implement basic data protection standards" for donor information. EPIC has argued for donor privacy and similar constitutional rights of anonymity in Packingham v. North Carolina, Doe v. Reed, and Watchtower Bible v. Stratton.

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Posted by EPIC on August 28, 2019 12:20 PM |

Court Grants Facebook's Motion to Intervene in EPIC v. FTC

The D.C. District Court has granted Facebook's motion to intervene in EPIC's case against the Federal Trade Commission for the release of the biennial audits required by the 2011 Consent Order. The FTC turned over redacted reports to EPIC but withheld certain information, citing a confidential business information provision. EPIC explained to the court, the "release of the full audits is crucial for Congress, the States Attorneys General, and the public to evaluate how the Cambridge Analytica breach occurred." EPIC opposed Facebook's attempt to intervene but the Court granted Facebook's motion. Before the same judge, EPIC is also pursuing intervention in United States v. Facebook, a case concerning the proposed settlement between FTC and Facebook. Facebook's answer to EPIC's complaint is due September 3, 2019. The case is EPIC v. FTC, No. 18-942 (D.D.C).

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Posted by EPIC on August 28, 2019 12:40 PM |

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About August 2019

This page contains all entries posted to epic.org in August 2019. They are listed from oldest to newest.

July 2019 is the previous archive.

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