epic.org: February 2020 Archives

EPIC Seeks Regulation of AI, Petitions Federal Trade Commission

Today EPIC filed a petition with the Federal Trade Commission for a rulemaking "concerning the use of artificial intelligence in commerce." The EPIC petition follows two recent EPIC complaints to the FTC about the use of AI for employment screening and the secret scoring of young athletes. EPIC noted that several FTC Commissioners have called for updated regulations to address the challenges of Artificial Intelligence. EPIC pointed to the recent OMB Guidance for Regulation of Artificial Intelligence in support of the FTC rulemaking. EPIC also publishes the AI Policy Sourcebook, the first reference book on AI policy.

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Posted by Caitriona Fitzgerald on February 3, 2020 9:00 AM | Permalink

Dutch Court Rules Secret Welfare Algorithm Violates Human Rights

A Dutch Court ruled that an algorithmic risk assessment technique that ostensibly detects fraud violates human rights and privacy laws. The SyRi system processed massive amounts of personal data held in a government agencies with an opaque algorithm. The Dutch court ruled "there is a risk that the use of SyRI will inadvertently make connections based on bias." EPIC tracks and publicizes the use of risk assessments in the US Criminal Justice System as well as advocates for the Universal Guidelines for AI to ensure Algorithmic Transparency in automated decision making, EPIC published the AI Policy Sourcebook, the first reference book on AI policy.

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Posted by EPIC on February 5, 2020 3:25 PM | Permalink

EPIC Urges Congress to Suspend Face Surveillance

In advance of a hearing on the Department of Homeland Security's use of facial recognition technology. EPIC urged Congress to suspend the use of facial recognition for mass surveillance. EPIC explained that an individual's ability to control disclosure of identity "is an essential aspect of personal security and privacy." EPIC provided to the House Committee the Public Voice Declaration, supported by more than 100 organizations and leading experts from around the world, calling for a moratorium on face surveillance. The Declaration calls on countries to (1) suspend deployment of facial recognition; (2) review systems to determine whether personal data was obtained lawfully; (3) undertake research to assess bias and risk; and (4) establish legal rules, technical standards, and ethical guidelines before further deployment occurs. EPIC recently launched a campaign and resource page to ban face surveillance globally.

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facial recognition

Posted by EPIC on February 6, 2020 12:00 PM | Permalink

Chinese Military Charged with Equifax Breach

The U.S. government has indicted four members of China's military on charges of hacking Equifax to exploit the personal data of 150 million Americans. They allegedly conspired to hack into Equifax's computer networks, maintain unauthorized access to those computers, and steal sensitive, personally identifiable information of nearly half of all American citizens. EPIC President Marc Rotenberg testified before the House in 2018 and the Senate in 2017 about the Equifax breach. Rotenberg warned lawmakers and regulators that the failure of the U.S. government to safeguard the personal data of Americans has placed American consumers at risk from foreign adversaries. And in the Harvard Business Review, Rotenberg explained that "consumer privacy is not a goal achieved by markets. It must be mandated by Congress." EPIC has called for passage of the Online Privacy Act, H.R. 4978, and the creation of a U.S. data protection agency.

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Posted by EPIC on February 10, 2020 11:05 AM | Permalink

EPIC v. DOJ: No Mueller Reports to Congress

The Justice Department has confirmed to EPIC that Special Counsel Mueller did not draft any reports for Congress during the investigation into Russian interference in the 2016 election. In a filing from EPIC v. DOJ the Justice Department stated that it found no "reports, recommendations, and other compilations of information prepared for the eventual consideration of one or more members of Congress." Last year, EPIC's open government lawsuit revealed records of a previously-undisclosed Special Counsel investigation into a suspected "unregistered agent of a foreign government." EPIC is also seeking disclosure of the complete, unredacted Mueller Report. The book EPIC v. DOJ: The Mueller Report is available for purchase at the EPIC Bookstore.

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Democracy and Cybersecurity

Posted by EPIC on February 10, 2020 1:20 PM | Permalink

New Voting Standards Move Closer to Approval

The Technical Guidelines Development Committee has approved the Voluntary Voting System Guidelines 2.0. The Committee provides technical recommendations to the Election Assistance Commission regarding voting systems in the United States. EPIC, along with the Association for Computing Machinery, previously recommended 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 Technical Committee recommended banning internet-connected voting systems, as well as strong provisions on voter privacy, ballot secrecy, and data protection. Though states are not mandated to comply with the Voting System Guidelines, the Guidelines shape the election security market. EPIC has a long history of working to protect voter privacy and election integrity.

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Posted by EPIC on February 11, 2020 5:05 PM | Permalink

California Attorney General Publishes Privacy Regulations, Seeks Public Comment

The California Attorney General has released the final draft of the regulations implementing the California Consumer Privacy Act. The draft updates key definitions, recommends an opt-out button image, and clarifies how businesses should respond to consumer access and deletion requests. The public has until February 25 to provide comments on the proposed regulation. Enforcement of the law will begin on July 1, 2020. In previous comments, EPIC urged strong enforcement of the state privacy law. The complete text of the California privacy law is available in the EPIC 2020 Privacy Law Sourcebook. EPIC has published a resource to help California residents exercise their rights under the CCPA.

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CCPA

Posted by EPIC on February 11, 2020 5:15 PM | Permalink

European Parliament Passes Resolution for AI Oversight

The European Parliament has passed a resolution urging the European Commission to adopt strong rules for industrial policy on artificial intelligence and robotics. The Resolution emphasizes safety, transparency, explainability, and data quality. The Resolution also seeks to "ensure that automatic decision-making is not being used to discriminate against consumers based on their nationality, place of residence or temporary location." The Resolution also supports the free flow of non-personal data to promote innovation. The European Commission is expected to announce how it will proceed with AI regulation next week. Last week, a Dutch Court ruled that an AI system to detect welfare fraud violated human rights. EPIC has promoted Algorithmic Transparency and the Universal Guidelines for AI, and also published the AI Policy Sourcebook, the first reference book on AI policy.

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Posted by EPIC on February 12, 2020 10:40 AM | Permalink

FTC to Investigate Prior Big Tech Acquisitions

The FTC announced plans to review acquisitions by Google, Amazon, Apple, Facebook, and Microsoft between 2010-2019. The FTC will review those acquisitions that the companies were not required by law to report at the time of acquisition. FTC Chairman Joe Simons said the initiative would "evaluate whether the federal agencies are getting adequate notice of transactions that might harm competition." In a joint statement, Commissioner Wilson and Commissioner Chopra said, "While we commend the FTC for exploring this timely and important topic, we reiterate our call for the Commission to prioritize 6(b) studies that explore consumer protection issues arising from the privacy and data security practices of technology companies, including social media platforms." EPIC filed a complaint with the FTC in 2014 opposing Facebook's acquisition of WhatsApp. EPIC is presently in federal court seeking to improve the FTC's proposed settlement with Facebook and to unwind the merger.

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Posted by EPIC on February 12, 2020 10:55 AM | Permalink

EPIC Joins Civil Liberties Groups, Backs Surveillance Reform

EPIC has joined 44 civil liberties organizations in endorsing the Safeguarding Americans' Private Records Act of 2020 (S. 3242 / H.R. 5675), sponsored By Senator Wyden [D-OR] and, in the House, Rep. Lofgren [D-CA]. The bills would repeal the NSA's bulk telephone surveillance program, establish a warrant requirement for location data and internet browsing history, increase transparency, and strengthen the Privacy and Civil Liberties Oversight Board. EPIC recently advised Congress to reform Section 702 of FISA and to sunset Section 215 of the Patriot Act.

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Posted by EPIC on February 12, 2020 11:10 AM | Permalink

EPIC Launches Drone ID Campaign, Urges Action by FAA

Today EPIC has launched "Mandate Drone ID" to encourage the public to submit comments to the FAA regarding the agency's proposed rule for a drone ID requirement. EPIC recommends that the FAA modify the draft rule to require public access to drone ID information, including the operator identity, the purpose, and the surveillance capabilities. In 2015, EPIC wrote "Drones should be required to broadcast their registration information to allow members of the public" to easily identify the operator and responsible party. EPIC has recommended that the FAA follow the model for vessels and planes, which requires operators to broadcast location, course, and operator identity, The European Union has established real-time broadcasting requirement similar to the one EPIC has previously encouraged the FAA to implement. Comments on the FAA proposed rule are due March 2, 2020.

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drones

Posted by EPIC on February 12, 2020 4:50 PM | Permalink

Face Surveillance Moratorium Introduced in the Senate

Senators Cory Booker and Jeff Merkley introduced the Ethical Use of Facial Recognition Act, which would ban the federal government's use of facial recognition until Congress passes legislation regulating the technology. The bill also prevents state and local government from using federal funds for facial recognition systems and creates a commission to develop guidelines for the use of facial recognition. EPIC has launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries. An EPIC-led coalition has also called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.

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Posted by EPIC on February 12, 2020 6:00 PM | Permalink

BREAKING - Sen. Gillibrand Introduces U.S. Data Protection Agency Bill

Senator Kirsten Gillibrand (D-NY) has introduced S. 3300, The Data Protection Act of 2020 which would create an independent Data Protection Agency in the United States to safeguard the personal data of Americans. EPIC, many leading consumer and civil rights organizations, privacy experts, and scholars support Senator Gillibrand's non-partisan bill. "The US confronts a privacy crisis. Our personal data is under assault. Congress must establish a data protection agency. Senator Gillibrand has put forward a bold, ambitious proposal to safeguard the privacy of Americans," said Caitriona Fitzgerald, EPIC Policy Director. EPIC has long advocated for the creation of a U.S. Data Protection Agency, arguing that the Federal Trade Commission is an ineffective agency, lacking basic competence for privacy protection. EPIC's recent report, Grading on a Curve: Privacy Legislation in the 116th Congress sets out the key elements of a modern privacy law, including the creation of a Data Protection Agency. [Bill text] [EPIC PRESS RELEASE]

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Posted by Caitriona Fitzgerald on February 13, 2020 7:21 AM | Permalink

EPIC, Coalition Urge School Administrators to Reject Face Surveillance

In a letter to school administrators, EPIC joined Fight for the Future and over 40 organizations opposing the use of facial recognition technology in schools. The coalition stated that facial recognition is an "invasive and biased technology that violates the rights of students and faculty and has no place in educational institutions." EPIC launched a campaign and resource page to ban face surveillance globally. The Public Voice declaration has the support of over 100 organizations and many leading experts across 30 plus countries. EPIC has also called on the Privacy and Civil Liberties Oversight Board to suspend face surveillance systems across the federal government.

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Posted by EPIC on February 13, 2020 10:20 AM | Permalink

House Votes to Ban Foreign-made Drones at DHS

The House passed H.R. 4357, which bans the use or purchase of foreign-made drones by the Department of Homeland Security. Last month, the Interior Department banned the use of foreign-made drones for non-emergency operations. The US government actions respond to growing concern that Chinese-made drones collect sensitive information in the United States. In 2012, EPIC and more than 100 experts petitioned the FAA to establish a rule to limit drones surveillance, but the agency failed to act. In recent comments to the FAA, EPIC warned the agency that regulating drone surveillance was essential to privacy and security. Last year, EPIC's Marc Rotenberg and Len Kennedy cited the FAA's failure to develop appropriate regulations in a commentary for the New York Times, and also warned that China's surveillance model requires "comprehensive privacy legislation to safeguard the personal data of Americans."

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DHS
drones

Posted by Caitriona Fitzgerald on February 11, 2020 8:59 AM | Permalink

Federal Appeals Court Rules Consumers Can Sue for Automated Texts—But Only If Calls Are Random

The Seventh Circuit has concluded that consumers who receive an automated text message can sue under the federal anti-robocall law, but only if the autodialer has a random number generator. The decision in Gadelhak v. AT&T Services deepens a split among federal appeals courts over the scope of federal robocall protections. EPIC and the National Consumer Law Center filed an amicus brief in the case, arguing that an autodialer need only dial numbers from a list, such as a customer contact database. EPIC and the NCLC explained that allowing telemarketers to robocall consumers from a list "would undermine the law's effectiveness by inviting easy circumvention and rendering the restriction obsolete." The EPIC routinely files amicus briefs on consumer privacy issues, including several amicus briefs on the TCPA.

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Posted by EPIC on February 19, 2020 1:30 PM | Permalink

EPIC to Court: Order AI Commission to Open Meetings, Records

EPIC has filed a brief urging a federal court to enforce the transparency obligations of the National Security Commission on Artificial Intelligence. EPIC explained that the AI Commission must hold open meetings and publish its records on a regular basis. The court previously ruled that the AI Commission must comply with EPIC's Freedom of Information Act request, but the Commission now claims that it is exempt from a related statute that requires advisory committees to operate transparently. EPIC told the court that "as is often the case for federal entities, the AI Commission must comply with two (or three, or more) statutory obligations at the same time." The Commission, which is tasked with developing U.S. AI policy, recently released a report to Congress criticizing the EU General Data Protection Regulation and calling for greater "government access to data on Americans." The AI Commission met frequently in secret with lobbyists and private contractors, but never gathered opinions from the American public.

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Posted by EPIC on February 19, 2020 2:10 PM | Permalink

In FOIA Case, EPIC Obtains Details on State Department's Facial Recognition Program

In response to EPIC's Freedom on Information Act lawsuit, EPIC v. State, the State Department has provided EPIC with several agency agreements concerning State Department facial recognition program. The Consular Consolidated Database contains millions of images from visa and passport applicants, which other federal agencies are now accessing for purposes unrelated to the processing of visa and passport application. The State Department agreements include the Labor, Interior, and Defense Departments. Several of the documents EPIC obtained concealed the name of the federal agency accessing the State Department database. In a related EPIC FOIA lawsuit, EPIC obtained documents concerning Customs and Border Protection use of images from the State Department.

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Posted by EPIC on February 19, 2020 5:05 PM | Permalink

EU Commission Seeks Public Comment on AI Plan

The European Commission has published the White Paper on Artificial Intelligence(AI) and the European Data Strategy. the Commission stated that the aim is to promote "Technology that works for people; a fair and competitive economy; and an open, democratic and sustainable society." On AI and fundamental rights, the Commission warned that "biases in algorithms or training data used for recruitment AI systems could lead to unjust and discriminatory outcomes..." The Commission also warned that the "gathering and use of biometric data for remote identification purposes carries specific risks for fundamental rights" but stopped short of endorsing a moratorium on face surveillance. The EU White Paper on Artificial Intelligence is open for public consultation until May 19, 2020. The Commission is also gathering feedback on the data strategy.

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Posted by EPIC on February 19, 2020 1:35 PM | Permalink

Report Reviews AI in Federal Agencies

A report released by the Administrative Conference of the US with Stanford and NYU explores the use of Artificial Intelligence techniques by 142 Federal Agencies. According to the report, law enforcement agencies are most likely to use AI. The report "Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies" cites documents obtained by EPIC in the FOIA lawsuit EPIC v. CBP. In that case, EPIC obtained document from the federal agent that revealed problems with biometric identification. EPIC has recommended the Universal Guidelines for AI to guide the government's use of AI and EPIC recently petitioned the Federal Trade Commission to establish regulations for the use of AI in commerce.

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Posted by EPIC on February 20, 2020 4:55 PM | Permalink

American Bar Association Adopts New Drone Privacy and Election Security Resolutions

This week the American Bar Association adopted new policies for the security of elections and the regulation of drone operations. Under the election cybersecurity policy, the ABA will urge Congress to provides funding to NIST to set election security standards, provide funding to secure state systems, and encourage state and local governments to secure election systems. Last year a federal court ruled that Georgia must replace its insecure voting machines, citing EPIC's amicus brief that highlighted the unreliable nature of paperless voting systems. EPIC continues to seek release of DHS records concerning ongoing election security risks. The ABA also adopted a drone privacy policy that will encourage federal, state, and local governments to regulate the deployment of drones. EPIC first petitioned the FAA to promulgate drone privacy regulations in 2012, has sued to obtain records of the agency's secretive drone advisory committees, and EPIC recently launched a Mandate Drone ID Campaign.

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Posted by EPIC on February 20, 2020 5:20 PM | Permalink

EU Hearing on AI in Criminal Justice Highlights Concerns

The European Parliament heard testimony today on AI in Criminal Law amidst a widespread push towards robust AI regulation in the EU. The panelists before the committee responsible for civil liberties, justice, and home affair focused on facial recognition, risk assessments, and predictive policing. The hearing explored regulation and law enforcement use, and also transparency, explainability, and accountability. The hearing in Parliament followed the release of a European Commission White Paper on AI. EPIC has called for a moratorium on face surveillance and maintains a resource about the use of risk assessments in the US Criminal Justice system.

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Posted by EPIC on February 20, 2020 5:25 PM | Permalink

EPIC Obtains Documents About TSA's VIPR Program

Through a FOIA request, EPIC has obtained documents (pt. 1, 2, 3) about the TSA's "Visible Intermodal Prevention and Response" program. Created in 2004, the VIPR teams worked with law enforcement agencies to conduct warrantless searches at public events, including festivals, sporting events, and bus stations. The TSA released to EPIC planning guidance, an operations directive, operating procedures, and activity summary reports. However, the EPIC request revealed that the TSA failed to complete civil rights and civil liberties impact assessments required by law. The VIPR program ended in 2019. The VIPR program used "risk-based" profiling and "behavior detection" to search and detain individuals. Two GAO reports (2013, 2017)questioned the reliability of TSA's behavioral indicators, which included, for example, "assessing the way an individual swallows or the degree to which an individual's eyes are open."

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FOIA
TSA

Posted by EPIC on February 21, 2020 10:05 AM | Permalink

EPIC Obtains Documents from Mississippi Corrections

In response to a public records request, EPIC received documents from the Mississippi Department of Corrections detailing their use of risk assessment tools. The results show that the Department uses risk assessments from pre-trial through parole. The document released to EPIC also show efforts to comply with the validation requirements of state law passed in 2019. The documents disclosed include also sample scoring sheets, scripts, four different trainings, and a manual on the risk assessment software. EPIC has obtained documents about pre-trial risk assessments from several states as well as a scoring system developed by the DHS to assign risk assessments to travelers, including US citizens.

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Posted by EPIC on February 21, 2020 11:05 AM | Permalink

Intelligence Agencies Report Russian Interference in the 2020 Presidential Election

According to the New York Times, U.S. intelligence agencies have briefed Congress about ongoing efforts by Russia to interfere in the 2020 Presidential election. Following the briefing, the President replaced the acting Director of National Intelligence with Richard Grenell, a person with no background in intelligence or the management of federal agencies. The Senate Intelligence Committee, the U.S. Intelligence Community, and Special Counsel Robert Mueller previously confirmed Russian interference in the 2016 election. However, the full extent of Russian interference in 2016 has not yet been revealed. EPIC is seeking the disclosure of the complete and unredacted Mueller Report in the FOIA lawsuit EPIC v. DOJ. EPIC's case could provide further information about the scope and techniques of Russian election interference. A ruling is expected soon.

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Posted by EPIC on February 21, 2020 5:15 PM | Permalink

House Judiciary Committee to Consider Surveillance Reform

The House Judiciary Committee will consider this week the USA FREEDOM Reauthorization Act of 2020, a bill that will repeal authority to access call detail records, declassify opinions of the FISA court, and improve the Privacy and Civil Liberties Oversight Board. EPIC has joined 44 civil liberties organizations in support of similar legislation. But the bill does not address surveillance conducted under Section 702, concerning non-US persons. EPIC recently advised Congress to reform Section 702 and to end Section 215 surveillance of Americans.

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Posted by EPIC on February 25, 2020 4:10 PM | Permalink

EPIC Comments on California Privacy Law

In comments on proposed revisions to the California Consumer Privacy Act, EPIC backed changes to strengthen consumer protections. EPIC expressed support for the work of the California Attorney General on the CCPA and provided the recommendations to "further safeguard the privacy of California consumers." EPIC's comments follow EPIC's campaign to educate Californians about the CCPA and EPIC's recent report on federal privacy legislation, Grading on a Curve. EPIC has endorsed H.R. 4978, the Online Privacy Act (Eshoo/Lofgren), and S. 3300, The Data Protection Act (Gillibrand).

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Posted by EPIC on February 25, 2020 4:40 PM | Permalink

California AG Opposes Federal Preemption

In a statement to Congressional leaders, California Attorney General Xaviar Becerra called for strong baseline, federal privacy legislation. Becerra wrote, "I am optimistic Congress will be able to craft a proposal that guarantees new privacy rights for consumers, includes a meaningful enforcement regime, and respects the good work undertaken by states across the country." The California Attorney General also made clear the importance of meaningful enforcement. "Congress should make clear in any legislative proposal that state attorneys general have parallel enforcement authority and that consumers also have the opportunity to protect their rights directly through a private right of action," Becerra said. EPIC has endorsed H.R. 4978, the Online Privacy Act, sponsored by Representatives Eshoo and Lofgren and S. 3300, the Data Protection Act, sponsored by Senator Gillibrand. Neither bill preempts stronger state law.

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Preemption

Posted by EPIC on February 26, 2020 2:50 PM | Permalink

Clearview AI, Face Scanning Company, Loses Customer Database

Hackers have stolen the entire client database of facial recognition company Clearview AI. Clearview AI scraped over three million images from the internet to build its facial recognition database. The company sells facial recognition services to law enforcement agencies. In a statement to Clearview AI CEO Hoan Ton-That, Senator Markey wrote: "Clearview's product appears to pose particularly chilling privacy risks, and I am deeply concerned that it is capable of fundamentally dismantling Americans' expectation that they can move, assemble, or simply appear in public without being identified..." Last month Senator Markey sent a letter to Clearview AI asking about the company's collaboration with law enforcement agencies and for information about privacy protections. EPIC, and more than a hundred organizations, have called for a moratorium on facial recognition technology.

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facial recognition

Posted by EPIC on February 26, 2020 3:00 PM | Permalink

EPIC Files Complaint with FTC about Airbnb's Secret "Trustworthiness" Scores

EPIC has filed a complaint with the FTC, alleging that Airbnb has committed unfair and deceptive practices in violation of the FTC Act and the Fair Credit Reporting Act. Airbnb secretly rates customers “trustworthiness" based on a patent that considers such factors as “authoring online content with negative language.” The company’s opaque, proprietary algorithm also considers "posts on the person’s social network account" as well the individual's relationships with others, and adjusts the "trustworthiness" score based on the scores of those associations. EPIC said the company failed to comply with "established public policies" for AI decision-making, such as the OECD AI Principles and the Universal Guidelines for AI. EPIC has recently brought complaints to the FTC about the employment screening firm HireVue and the Universal Tennis Rating secret scoring technique. EPIC has also petitioned the FTC to conduct a rulemaking for "the use of artificial intelligence in commerce." The EPIC AI Policy Sourcebook includes the OECD AI Principles, the Universal Guidelines for AI, and other AI policy frameworks.

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Posted by Caitriona Fitzgerald on February 27, 2020 9:20 AM | Permalink

Privacy Board Supports End of NSA Call Record Program

The Privacy and Civil Liberties Oversight Board has issued a report emphasizing the minimal value of the NSA's call details records program. The Board recommended the end of the program, which the NSA suspended last year after concerns about compliance with legal standards established in the US Freedom Act. According to the PLCOB report, the government spent $100 million on the program, yet opened only one non-duplicative investigation. EPIC recently joined 44 civil liberties organizations in backing the end of the NSA surveillance program. In 2013, EPIC filed a petition with the U.S. Supreme Court, In re EPIC, challenging the lawfulness of the NSA's bulk collection of American's telephone records.

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Posted by EPIC on February 27, 2020 10:20 AM | Permalink

FTC Publishes Privacy and Data Security Update

The FTC has published "Privacy & Data Security Update for 2019." The FTC report summarizes the enforcement actions the agency pursued last year, including the proposed settlement with Facebook. EPIC challenged the settlement, arguing that the "Court should not adopt the proposed Consent Decree because the parties have not established that it would be fair, adequate, reasonable, appropriate, or consistent with the public interest." EPIC also uncovered 29,000 complaints against Facebook, currently pending at the FTC. The Court required the FTC and Facebook to respond to EPIC's objections. EPIC and other consumer organizations have many privacy complaints currently pending at the FTC that the Commission has failed to pursue. EPIC recently filed complaints with the FTC on HireVue and Airbnb for unfair and deceptive uses of AI.

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Facebook
FTC

Posted by EPIC on February 27, 2020 10:40 AM | Permalink

EPIC's Rotenberg urges OECD to "Defend democratic values"

Speaking at the launch of the OECD AI Policy Observatory in Paris, EPIC President Marc Rotenberg urged OECD member countries to defend "the rule of law, fundamental rights, and democratic institutions." Rotenberg praised the OECD for its work on the AI Principles, noted the influence of the OECD Privacy Guidelines, but also warned that AI decisionmaking will have a profound impact on employment, education, and criminal justice. "The OECD is uniquely situated,:" Rotenberg said "to promote economic growth and protect democratic values." EPIC helped establish the OECD Civil Society Advisory Council and has gathered support for the Universal Guidelines for AI, a policy framework to protect human rights. EPIC's Rotenberg first urged "algorithmic transparency" at the OECD global forum in Japan in 2014.

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Posted by EPIC on February 27, 2020 2:05 PM | Permalink

FCC Proposes Fines for Wireless Location Data Violations

Today the FCC announced proposed fines against T-Mobile, AT&T, Verizon, and Sprint for selling customers' location information. FCC Chairman Ajit Pai said: "This FCC will not tolerate phone companies putting Americans' privacy at risk." The companies are given an an opportunity to respond to the FCC before the Commission makes a final decision. EPIC has long advocated for protection of location privacy. EPIC pursued a lawsuit against a mobile app company that led to greater protection of users' location data. EPIC also successfully petitioned the FCC to safeguard sensitive data collected by phone companies. And EPIC filed an amicus brief in Carpenter v. US. The Supreme Court held in that case that the Fourth Amendment protects cell site location information.

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Posted by EPIC on February 28, 2020 3:00 PM | Permalink

EPIC Obtains DHS Report About 2016 Election Threats

Through EPIC's lawsuit against the DHS, EPIC obtained a previously undisclosed Report about security breaches prior to the 2016 Presidential Election. The DHS/FBI report "Threats of Federal, State, and Local Government Systems" describes attacks on US elections and includes recommendations for cybersecurity risks. In the FOIA lawsuit, EPIC seeks to determine whether the DHS responded effectively to election security threats in 2016, The case is EPIC v. DHS, 17-2047 (D.D.C.).

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Posted by EPIC on February 28, 2020 3:25 PM | Permalink