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A recent patent application reveals Microsoft is developing a “meeting insight computing system” that would monitor body language, facial expressions, and other features of participants in order to assign a “quality score” to workplace meetings. According to the filing, the system could be applied both to in-person and remote meetings. Microsoft also introduced a "Productivity Score" last month which would have allowed organizations to monitor employees' use of Microsoft products. The company quickly backtracked in response to public outcry and eliminated the individualized tracking feature. Worker surveillance has rapidly increased with the transition to remote work due to COVID-19, and many organizations with on-site workers are instituting surveillance systems with the stated goal of protecting public health. EPIC advocates against social scoring and has filed a complaint with the FTC about HireVue, which similarly evaluates facial expressions and vocal patterns in the context of hiring.

EPIC has filed a complaint with the D.C. Attorney General alleging that five providers of online test proctoring tools have routinely violated students' privacy and engaged in unfair and deceptive trade practices. EPIC's complaint charges that Respondus, ProctorU, Proctorio, Examity, and Honorlock have collected excessive personal data from proctored students, have relied on opaque and unreliable AI tools to flag alleged signs of cheating, and have made deceptive statements about their products. "The rapid growth of online test proctoring has all but forced many students to trade away their privacy rights in order to meet their academic obligations," EPIC explained. "These systems routinely collect sensitive data from students that is not necessary to administer an exam and subject test-takers to secret, unproven algorithms that can effectively accuse them of cheating with no legitimate basis." EPIC's complaint calls on the D.C. Attorney General to halt the companies' unfair trade practices and impose transparency, data minimization, and algorithmic fairness requirements. EPIC also warned each company that it is prepared to file suit under D.C.'s consumer protection law if they fail to correct their unlawful privacy practices. EPIC has long advocated for greater accountability in the use of automated decision-making systems, including the adoption of the Universal Guidelines for Artificial Intelligence and requirements for algorithmic transparency. EPIC has also highlighted the privacy risks posed by the adoption of online tools in the COVID-19 era and has previously used D.C.'s consumer protection law to force changes to Accuweather's collection of personal data.

President Trump recently signed an Executive Order on "Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government," which establishes principles for certain federal government uses of AI. The principles state that AI systems must be lawful, purposeful, accurate, reliable, effective, safe, understandable, responsible, traceable, regularly monitored, transparent, and accountable. The order instructs applicable agencies to create public inventories of AI use and identify AI uses that are inconsistent with the principles. However, the principles do not apply to AI used in defense or national security systems or other "common commercial products." The Office of Management and Budget published similar principles in January, and the new order instructs the OMB to develop guidance for agencies to comply with the AI principles. In March, EPIC urged the OMB to follow the Universal Guidelines for Artificial Intelligence as a basis for AI policy.

In response to a report by the Homeland Security Advisory Council’s Biometric Subcommittee, EPIC urged the Council to table the report until they can address the privacy and civil liberties implications of the Department of Homeland Security’s collection and use of biometrics in full. The Biometric Subcommittee was tasked with examining DHS use and collection of biometrics. The Subcommittee’s report failed to address a rule proposed in September that would broadly expand DHS use of biometrics. EPIC previously argued that the proposed rule, giving DHS broad authorization for biometric collection, was incompatible with the department's Fair Information Practice Principles.

Two antitrust lawsuits were filed against Google this week by state Attorneys General. On Wednesday, Texas and eight other states filed a suit alleging anticompetitive conduct, exclusionary practices and deceptive misrepresentations in connection with Google's role in advertising technology. "Google’s entire business model is to collect comprehensive data about every user in the service of brokering targeted ad sales," the suit says. "Google also has violated users’ privacy in other egregious ways when doing so is convenient for Google." On Thursday, a bipartisan group of thirty-eight states led by Colorado Attorney General Phil Weiser filed a lawsuit alleging that Google illegally maintains its monopoly power over general search engines and related search advertising markets through anticompetitive contracts and conduct. "Google recognizes that its continued market dominance would be vulnerable in a more competitive market," the suit says. "For example, new general search challengers could emerge to offer differentiated services, such as greater privacy protection, search without advertising, or simply better search results." More than a decade ago, EPIC urged the FTC to block Google’s proposed acquisition of DoubleClick. EPIC correctly warned that this acquisition would accelerate Google’s dominance of the online advertising industry and diminish competition. The FTC ultimately allowed the merger to go forward.