EPIC Alert 17.10
======================================================================= E P I C A l e r t ======================================================================= Volume 17.10 May 21, 2010 ----------------------------------------------------------------------- Published by the Electronic Privacy Information Center (EPIC) Washington, D.C. http://www.epic.org/alert/epic_alert_1710.html "Defend Privacy. Support EPIC." http://epic.org/donate EPIC Awards Dinner June 2, 2010 Washington, DC http://www.epic.org/june2/ REGISTRATION DEADLINE: May 25, 2010 ======================================================================= Table of Contents ======================================================================= [1] Google Reveals that "Street View" Scarfed Wi-Fi Data [2] Senate Unanimously Passes Faster FOIA Act of 2010 [3] EPIC Opposes Efforts to Limit the Privacy Act [4] President Obama Nominates Elena Kagan for Supreme Court [5] EPIC Urges New Jersey Supreme Court to Safeguard Privacy [6] News in Brief [7] EPIC Bookstore: Film Review: "Erasing David" [8] Upcoming Conferences and Events TAKE ACTION: Stop Airport Strip Searches! - JOIN Facebook Group "Stop Airport Strip Searches" and INVITE Friends - DISPLAY the IMAGE http://thepublicvoice.org/nakedmachine.jpg - SUPPORT EPIC http://www.epic.org/donate/ ======================================================================= [1] Google Reveals that "Street View" Scarfed Wi-Fi Data ======================================================================= Google has admitted that its Google Street View vehicles have been capturing wireless internet data for years, while they have been mapping the streets of more than 30 countries. In multiple previous discussions and questions about the Street View program and privacy, no disclosure of Wi-Fi data collection was ever made. Nevertheless, it has now become clear that Google was capturing both metadata and content, or payload data, from all open networks as the cars drove by. The news of Google's Wi-Fi scanning was broken by Peter Schaar, the German Commissioner for Data Protection and Freedom of Information, who discovered that the vehicles were scanning networks to compile a database of networks and their physical locations for use in their location-aware products. Schaar demanded a full audit of the data Google was collecting and the immediate removal of the scanners from the cars. As part of the audit, it was revealed that not only was Google mapping the physical locations of the networks, but that the vehicles were capturing payload data, meaning all unencrypted data flowing on those networks. Whatever internet traffic that was taking place on a given network as the Street View vehicle drove past was captured and stored by Google. Since the admission, Congressmen Joe Barton (R-TX) and Ed Markey (D-MA) wrote a letter to Federal Trade Commission Chairman Jon Leibowitz regarding the collection, asking the commission to investigate whether Google's actions violate federal privacy laws or consumer protection laws. Additionally, German prosecutors have launched a criminal investigation. EPIC wrote to FCC Chairman Julius Genachowski to recommend that the Commission open an investigation into the consumer data collected from wi-fi hotspots by Google Street View. In the letter, EPIC stated that Google routinely and secretly intercepted and stored user communications data and routinely and secretly intercepted and stored private communications hotspots. EPIC said that this conduct appears to violate federal wiretap laws and asked the Commission to begin an investigation. EPIC noted that "The Commission plays a critical role in safeguarding the integrity of communications networks and the privacy of American consumers." Press release from German Commissioner for Data Protection http://www.epic.org/redirect/052110germanpressrelease.html Google's admission regarding payload data http://www.epic.org/redirect/052110googleadmission.html Representatives' Letter to Chairman Leibowitz http://www.epic.org/redirect/052110repsletter.html EPIC: Letter to FCC Chairman Regarding Google Street View http://epic.org/privacy/ftc/google/EPIC_StreetView_FCC_Letter.pdf ======================================================================= [2] Senate Unanimously Passes Faster FOIA Act of 2010 ======================================================================= The Senate unanimously passed the Faster FOIA Act of 2010, introduced by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX). The legislation seeks to improve the processing of Freedom of Information Act (FOIA) requests by establishing a 16-member commission to study methods for reducing delays in processing FOIA requests. Government reports reveal substantial delays in disclosing records subject to the open government law, sometimes as long as fifteen years. President Obama's recent Open Government Directive requires agencies to put forth plans to reduce agency FOIA request backlogs by 10% each year. The commission created by the Faster FOIA Act will also be responsible for examining the current FOIA fee structure and granting fee waivers for FOIA requestors. Fees are often the subject of prolonged FOIA appeals and litigation against agencies. EPIC frequently uses the FOIA to obtain information about government programs that impact privacy rights. EPIC has several ongoing FOIA cases, involving whole body imaging, national security letters, and Inspector General's reports. The Faster FOIA Act of 2010 http://www.epic.org/redirect/052110fasterfoiaact.html Department of Justice: Annual FOIA Reports http://www.justice.gov/oip/04_6.html EPIC: FOIA Litigation Docket http://epic.org/privacy/litigation/ EPIC: FOIA Litigation Manual http://epic.org/bookstore/foia2008/default.html ======================================================================= [3] EPIC Opposes Efforts to Limit the Privacy Act ======================================================================= EPIC has filed comments with the Office of the Director of National Intelligence (ODNI) in response to a Federal Register notice and proposed rule-making to establish fourteen new databases. The new systems of records include such databases as the Executive Secretary Action Management System Records, the Public Affairs Office Records, the Office of General Counsel Records, and the Civil Liberties and Privacy Office Complaint Records. Ordinarily, such records held by a federal agency and containing data on American citizens would be subject to the Privacy Act of 1974, which provides a number of protections. These protections include the ability of covered individuals to access information stored about them and a mechanism by which people may submit corrections to inaccurate information in their files. However, as part of its proposed rule-making, the ODNI indicated its plan to exempt all fourteen new databases from a number of vital Privacy Act provisions. EPIC's comments sought to convince the agency that these exemptions were contrary to the intent of the Privacy Act, and that the Act's purpose, as the Senate report stated, is "to promote accountability, responsibility, legislative oversight, and open government with respect to the use of computer technology in the personal information systems data banks of the Federal Government." EPIC drew particular attention to the fact that exempting the complaint records of the Civil Liberties and Privacy Office would "prevent effective oversight of the agency’s own handling of privacy-related complaints." EPIC: Comments http://epic.org/privacy/ODNI_Comments_2010-05-12.pdf ODNI: Federal Register Notice http://www.epic.org/redirect/052110federalregisternotice.html ODNI Proposed Rulemaking http://www.epic.org/redirect/052110proposedrulemkg.html EPIC, The Privacy Act of 1974 http://epic.org/privacy/1974act/ ======================================================================= [4] President Obama Nominates Elena Kagan for Supreme Court ======================================================================= President Obama has nominated Solicitor General Elena Kagan for the seat on the United States Supreme Court that will be vacated by Associate Justice John Paul Stevens when the term ends this June. Justice Stevens served as a justice for 35 years, and participated in many important privacy cases. Kagan, the former dean of Harvard Law School, wrote about the Supreme Court confirmation process in 1995 that Senators should insist on "evoking a nominee's comments on particular issues—involving privacy rights, free speech, race and gender discrimination, and so forth—that the Court regularly faces." Elena Kagan was confirmed by the U.S. Senate to serve as Solicitor General on March 19, 2009 and is expected to be confirmed by the Senate to serve on the Supreme Court. Her nomination if successful would place the most number of women on the Supreme Court serving at the same time to three out of 9 members. Kagan served as a clerk for fomer-Supreme Court Justice Thurgood Marshall and also as a counsel in the Clinton White House. Law Library of Congress, Materials By and About Elena Kagan http://www.loc.gov/law/find/kagan.php The Supreme Court of the United States http://www.supremecourt.gov/ EPIC: Justice Stevens' Legacy http://epic.org/privacy/justice_stevens.html ======================================================================= [5] EPIC Urges New Jersey Supreme Court to Safeguard Privacy ======================================================================= EPIC has filed a "friend of the court" brief, urging the New Jersey Supreme Court preserve the value of expungement and allow a privacy case to go forward. In G.D. v. Kenny, a New Jersey court dismissed a privacy claim involving publication of information about a prior criminal act, even though the state had issued an expungement order. The lower court held that truth was a defense not only to defamation claims, which has historically been the dominant legal rule, but also to privacy torts, where this has not been the case. EPIC's brief urges the state supreme court to overrule the lower court and allow the privacy claim to move forward, because the truth of released information does not reduce, and may in fact enhance, the harm that one suffers from its disclosure. It reminds the court that the law affords protection to private citizens who wish to keep aspects of their lives private. In the brief, EPIC notes that "data mining companies ignore judicial determinations and attempt to make conviction records live forever." EPIC's brief also argues that "after someone has been rehabilitated, having paid the prescribed debt to society, he or she should not be penalized in perpetuity." The brief was filed with co-counsel Grayson Barber, a New Jersey attorney specializing in privacy and open government issues. EPIC: Brief in G.D. v. Kenny http://epic.org/amicus/KennyMeritsBrief.pdf EPIC, G.D. v. Kenny http://epic.org/amicus/gd_v_kenny.html EPIC Expungement http://epic.org/privacy/expungement/ ======================================================================= [6] News In Brief ======================================================================= Report Says School Officials At Fault in High School Spycam Episode An independent report finds the Lower Merion School District at fault for the remote monitoring of laptop computers that the District issued to high school students. The report followed a complaint filed by Blake J. Robbins, a student at Harriton High School, alleging that school officials used the laptops to spy on students. The report concluded that 30,564 webcam photographs and 27,428 screen shot images were captured because of "the District's failure to implement policies, procedures, and record-keeping requirements and the overzealous and questionable use of technology" by personnel "without any apparent regard for privacy considerations or sufficient consultation with administrators." Ballard Spahr Report http://lmsd.org/documents/news/100503_ballard_spahr_report.pdf Robbins v. Lower Merion School District, Complaint http://safekids.com/robbins17.pdf EPIC: Student Privacy http://epic.org/privacy/student/ Social Networking Companies Leak User Data Facebook, MySpace and several other social-networking sites have admitted to sending user information to advertising companies that could be used to find consumers' names and other personal details. This is contradictory to the sites' promises that they will not share user information without the users' consent. After questions were raised by The Wall Street Journal, Facebook and MySpace moved to make changes. By Thursday morning Facebook had rewritten some of the offending computer code. EPIC has two pending complaints to the Federal Trade Commission regarding Facebook's unfair and deceptive trade practice of sharing user information and changing its privacy policy. EPIC: Facebook Privacy http://epic.org/privacy/facebook/ EPIC: Social Networking Privacy http://epic.org/privacy/socialnet/ EPIC: In re Facebook II http://epic.org/privacy/facebook/in_re_facebook_ii.html Letter Results in Meeting with White House Cybersecurity Coordinator EPIC, joined by over 30 organizations, launched a campaign to obtain a meeting with Howard Schmidt, the White House Cybersecurity Coordinator. Groups joining the letter included the ACLU, American Library Association, Bill of Rights Defense Committee, Liberty Coalition, NAACP, OpenTheGovernment.org, and the Lawyers Committee for Civil Rights Under Law. The White House has agreed to the meeting, which follows Senate confirmation of Keith B. Alexander, director of the National Security Agency, to lead the U.S Cyber Command. Civil society organizations have expressed concern about the growing role of the NSA in cyber security. EPIC is currently in litigation with the NSA to obtain the secret policy for NSA surveillance authority. EPIC: Letter to Howard Schmidt http://www.epic.org/redirect/052110lettertoschmidt.html Confirmation of Keith B. Alexander http://www.epic.org/redirect/052110confirmation.html EPIC: Cybersecurity Privacy: Practical Implications http://epic.org/privacy/cybersecurity/ EPIC Sues NSA to Force Disclosure of Cybersecurity Authority http://epic.org/2010/02/epic-sues-nsa-to-force-disclos.html ======================================================================= [7] EPIC Bookstore: Film Review: "Erasing David" ======================================================================= Documentary: "Erasing David" Erasing David is a recent documentary produced by the United Kingdom's Channel 4, which follows director David Bond as he attempts to disappear for 30 days in modern England. Bond describes the UK as "one of the top three surveillance states in the world--third only to China and Russia." To determine the extent of this surveillance, he embarks on a number of projects. Primary to the film's narrative structure is his attempt to go off the grid and evade a pair of private investigators for 30 days, in a project very similar to that undertaken by Wired magazine's Evan Ratliff, who attempted the same feat in the United States, tracked by readers seeking to claim a $5000 prize (Ratliff appears to have made his attempt after Bond, but before the release of the film). The footage Bond filmed of himself on the run is interspersed with footage of the private investigators as they use various methods to track him down, along with film from before the experiment, in which Bond discusses his concerns with his wife and with various privacy experts. Much of this pre-flight footage makes up the most interesting parts of the film, both because of Bond's conversations with his wife, who is comparatively unconcerned about the growing mountains of data being collected about them and their young daughter, and because of Bond's gradual realization that the problem is larger than he expected. One excellent scene shows Bond playing with his daughter amidst stacks of paper that he has obtained under the UK's Data Protection Act of 1998, which operates somewhat like the Privacy Act in the United States, although it applies to private companies as well as government organizations and requires them to provide all personal information on a person upon request. He points to each stack and tells the two-year-old at his knee which one is from the bank, which one is from the government, and which is from private companies. The fourth stack, of course, is all the data that already exists on young Ivy. While the film misses some opportunities to highlight and delve into the active surveillance that many modern people face, and spends less time with state surveillance than the introduction would imply (Bond himself notes that he must rely on private investigators because he cannot get the state to actively track him down unless he commits a crime), it still provides an excellent opportunity to show viewers how much information is available, and how easily it may be obtained. The most striking moment comes at the end of the film, after the experiment has ended, when Bond and his wife are invited into the investigators' office to examine the documents, photographs, and information about them pinned to a wall. Visibly shaken, Bond leaves the room after only a few minutes, and viewers are left to wonder how many walls their own data would cover. --Jared Kaprove ================================ EPIC Publications: "Litigation Under the Federal Open Government Laws 2008," edited by Harry A. Hammitt, Marc Rotenberg, John A. Verdi, and Mark S. Zaid (EPIC 2008). Price: $60. http://epic.org/bookstore/foia2008/ Litigation Under the Federal Open Government Laws is the most comprehensive, authoritative discussion of the federal open access laws. This updated version includes new material regarding the substantial FOIA amendments enacted on December 31, 2007. Many of the recent amendments are effective as of December 31, 2008. The standard reference work includes in-depth analysis of litigation under Freedom of Information Act, Privacy Act, Federal Advisory Committee Act, Government in the Sunshine Act. The fully updated 2008 volume is the 24th edition of the manual that lawyers, journalists and researchers have relied on for more than 25 years. ================================ "Information Privacy Law: Cases and Materials, Second Edition" Daniel J. Solove, Marc Rotenberg, and Paul Schwartz. (Aspen 2005). Price: $98. http://www.epic.org/redirect/aspen_ipl_casebook.html This clear, comprehensive introduction to the field of information privacy law allows instructors to enliven their teaching of fundamental concepts by addressing both enduring and emerging controversies. The Second Edition addresses numerous rapidly developing areas of privacy law, including: identity theft, government data mining and electronic surveillance law, the Foreign Intelligence Surveillance Act, intelligence sharing, RFID tags, GPS, spyware, web bugs, and more. Information Privacy Law, Second Edition, builds a cohesive foundation for an exciting course in this rapidly evolving area of law. ================================ "Privacy & Human Rights 2006: An International Survey of Privacy Laws and Developments" (EPIC 2007). Price: $75. http://www.epic.org/phr06/ This annual report by EPIC and Privacy International provides an overview of key privacy topics and reviews the state of privacy in over 75 countries around the world. The report outlines legal protections, new challenges, and important issues and events relating to privacy. Privacy & Human Rights 2006 is the most comprehensive report on privacy and data protection ever published. ================================ "The Public Voice WSIS Sourcebook: Perspectives on the World Summit on the Information Society" (EPIC 2004). Price: $40. http://www.epic.org/bookstore/pvsourcebook This resource promotes a dialogue on the issues, the outcomes, and the process of the World Summit on the Information Society (WSIS). This reference guide provides the official UN documents, regional and issue-oriented perspectives, and recommendations and proposals for future action, as well as a useful list of resources and contacts for individuals and organizations that wish to become more involved in the WSIS process. ================================ "The Privacy Law Sourcebook 2004: United States Law, International Law, and Recent Developments," Marc Rotenberg, editor (EPIC 2005). Price: $40. http://www.epic.org/bookstore/pls2004/ The Privacy Law Sourcebook, which has been called the "Physician's Desk Reference" of the privacy world, is the leading resource for students, attorneys, researchers, and journalists interested in pursuing privacy law in the United States and around the world. It includes the full texts of major privacy laws and directives such as the Fair Credit Reporting Act, the Privacy Act, and the OECD Privacy Guidelines, as well as an up-to-date section on recent developments. New materials include the APEC Privacy Framework, the Video Voyeurism Prevention Act, and the CAN-SPAM Act. ================================ "Filters and Freedom 2.0: Free Speech Perspectives on Internet Content Controls" (EPIC 2001). Price: $20. http://www.epic.org/bookstore/filters2.0 A collection of essays, studies, and critiques of Internet content filtering. These papers are instrumental in explaining why filtering threatens free expression. ================================ EPIC publications and other books on privacy, open government, free expression, crypto and governance can be ordered at: EPIC Bookstore http://www.epic.org/bookstore ================================ EPIC also publishes EPIC FOIA Notes, which provides brief summaries of interesting documents obtained from government agencies under the Freedom of Information Act. Subscribe to EPIC FOIA Notes at: https:/mailman.epic.org/mailman/listinfo/foia_notes ======================================================================= [8] Upcoming Conferences and Events ======================================================================== EPIC Awards Dinner June 2, 2010 Washington, DC For more information: http://www.epic.org/june2/ "Computers, Freedom, and Privacy" San Jose, June 15-18, 2010. For more information: http://cfp.acm.org/wordpress/?p=6 "32nd Int'l Conference of Data Protection and Privacy Commissioners" Jerusalem, October 2010. For more information: http://www.justice.gov.il/MOJEng/RashutTech/News/conference2010.htm ======================================================================= Join EPIC on Facebook ======================================================================= Join the Electronic Privacy Information Center on Facebook http//facebook.com/epicprivacy http://epic.org/facebook Start a discussion on privacy. Let us know your thoughts. Stay up to date with EPIC's events. Support EPIC. ======================================================================= Privacy Policy ======================================================================= The EPIC Alert mailing list is used only to mail the EPIC Alert and to send notices about EPIC activities. We do not sell, rent or share our mailing list. We also intend to challenge any subpoena or other legal process seeking access to our mailing list. We do not enhance (link to other databases) our mailing list or require your actual name. In the event you wish to subscribe or unsubscribe your e-mail address from this list, please follow the above instructions under "subscription information." ======================================================================= About EPIC ======================================================================= The Electronic Privacy Information Center is a public interest research center in Washington, DC. It was established in 1994 to focus public attention on emerging privacy issues such as the Clipper Chip, the Digital Telephony proposal, national ID cards, medical record privacy, and the collection and sale of personal information. EPIC publishes the EPIC Alert, pursues Freedom of Information Act litigation, and conducts policy research. For more information, see http://www.epic.org or write EPIC, 1718 Connecticut Ave., NW, Suite 200, Washington, DC 20009. +1 202 483 1140 (tel), +1 202 483 1248 (fax). ======================================================================= Donate to EPIC ======================================================================= If you'd like to support the work of the Electronic Privacy Information Center, contributions are welcome and fully tax-deductible. Checks should be made out to "EPIC" and sent to 1718 Connecticut Ave., NW, Suite 200, Washington, DC 20009. Or you can contribute online at: http://www.epic.org/donate Your contributions will help support Freedom of Information Act and First Amendment litigation, strong and effective advocacy for the right of privacy and efforts to oppose government regulation of encryption and expanding wiretapping powers. Thank you for your support. ======================================================================= Subscription Information ======================================================================= Subscribe/unsubscribe via web interface: http://mailman.epic.org/mailman/listinfo/epic_news Back issues are available at: http://www.epic.org/alert The EPIC Alert displays best in a fixed-width font, such as Courier. ------------------------- END EPIC Alert 17.10 ------------------------ .
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