Democracy and Cybersecurity: Preserving Democratic Institutions

In 2017, EPIC will fully engage the challenge of preserving and promoting democratic institutions. EPIC's specific interest in this issue is found in the work of our Advisory Board, as well as EPIC's ongoing legal efforts to ensure government accountability. The technical insights of faulty election systems and legal safeguards concerning privacy protection and open government converge at the common goal of preserving democratic institutions.

Top News

• Senate Intelligence Committee: Russian Election Interference "Extensive": The Senate Intelligence Committee has released the results of its investigation into Russian interference in the 2016 Presidential Election. The Committee found "extensive" Russian interference dating back to 2014. The EPIC Democracy and Cybersecurity Project has pursued numerous FOIA cases concerning Russian interference with the 2016 election. In EPIC v. DOJ, EPIC is seeking the complete, unredacted Mueller Report. Hearings will will take place in federal court on August 5 and August 9. In EPIC v. FBI (response to Russian cyberattacks), EPIC obtained the FBI victim notification procedures. In EPIC v. ODNI (Russian hacking), EPIC confirmed that Russia engaged in a "multi-pronged" attack against the U.S. elections. In EPIC v. IRS I, EPIC sought the release of President Trump's tax returns. In EPIC v. IRS II, EPIC is seeking the release of related business returns. And in EPIC v. DHS (election cybersecurity), EPIC obtained documents about election security procedures. (Jul. 25, 2019)
• Congress Sues for Release of Trump's Tax Returns: The U.S. House of Representatives has filed suit to obtain six years of President Trump's personal tax returns from the IRS. Rep. Richard Neal, Chairman of the House Ways and Means Committee, has the authority under a section of the tax code to obtain the tax returns. But the IRS and Treasury Department have repeatedly refused to comply with the law. EPIC has sought the release of the President's tax records in two lawsuits: EPIC v. IRS I and EPIC v. IRS II. The D.C. Circuit's opinion in EPIC v. IRS I is cited in the House's complaint multiple times. EPIC previously urged Congress to obtain and publicly release of President Trump's tax returns. EPIC is seeking to determine the extent of Russian interference in the 2016 presidential election. (Jul. 2, 2019)

More top news

House Passes Election Security and Paper Ballot Bill (Jun. 28, 2019) +

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

EPIC, USTPC Urge Election Commission to Protect Secret Ballot, Ban Internet-Connected Voting Machines (May. 29, 2019) +

EPIC, along with the U.S. Technology Policy Committee of the Association for Computing Machinery, has filed comments to the Election Assistance Commission on the Voluntary Voting System Guidelines 2.0. EPIC and USTPC supported the inclusion of 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 VVSG 2.0 are vital to protect our democratic institutions. The EAC should ban the use of internet-connected voting machines and protect ballot secrecy," EPIC and USTPC said. Though states are not mandated to comply with the VVSG, the guidelines help shape the election security market. In 2016, EPIC published a report on the importance of the secret ballot for democratic decision making. EPIC has a long history of working to protect voter privacy and election integrity.

In EPIC Case, Justice Department Seeks to Delay Release of Mueller Report (Apr. 5, 2019) +

In response to EPIC’s lawsuit seeking the Special Counsel Report—the Mueller Report—on Russian interference in the 2016 election, the Justice Department has filed an opposition to delay release of the report. EPIC filed the first lawsuit in the nation for the release of the Report. In EPIC’s motion for an injunction, EPIC explained that the public "remains in the dark as to the most consequential government investigation in recent history." After filing the lawsuit, EPIC offered to withdraw its motion if the Justice Department would promptly release the Mueller Report. The Justice Department agreed to expedite processing but declined to release the Report. In the court filing, the Justice Department acknowledged that there are over 400 pending FOIA requests related to the report of the Special Counsel. A hearing is scheduled before Judge Reggie Walton Tuesday morning at 9:00 at the U.S. District Court for the District of Columbia. EPIC's case for the release of the Mueller Report is EPIC v. DOJ, No. 19-810 (D.D.C.).

Breaking: Justice Department Agrees to Expedite EPIC’s Request for Mueller Report (Apr. 2, 2019) +

The Department of Justice has agreed to expedite EPIC’s Freedom of Information Act request for the Mueller Report. The DOJ’s concession comes after EPIC sought a preliminary injunction to compel the immediate release of the report. EPIC filed the first lawsuit in the nation for the release of the Mueller Report and related Special Counsel records. In EPIC’s motion for an injunction, EPIC explained that the public "remains in the dark as to the most consequential government investigation in recent history." The EPIC Democracy and Cybersecurity Project has pursued numerous FOIA cases concerning Russian interference with the 2016 election. In EPIC v. FBI (response to Russian cyberattacks), EPIC obtained the FBI victim notification procedures. In EPIC v. ODNI (Russian hacking), EPIC confirmed that Russia engaged in a “multi-pronged” attack against the U.S. elections. In EPIC v. IRS I, EPIC sought the release of President Trump’s tax returns. In EPIC v. IRS II, EPIC is seeking the release of related business returns. And in EPIC v. DHS (election cybersecurity), EPIC obtained documents about election security procedures. The case for the release of the Mueller Report is EPIC v. DOJ, No. 19-810 (D.D.C.).

Court Schedules April 9 Hearing in EPIC Case for Release of Mueller Report (Apr. 1, 2019) +

A federal district court in Washington DC has set Tuesday, April 9 for a hearing in EPIC v. Department of Justice, EPIC’s lawsuit to compel the public release of the Mueller Report. Judge Reggie B. Walton also ordered the Justice Department to respond to EPIC’s motion for a preliminary injunction by Friday, April 5. EPIC filed the lawsuit after the Justice Department failed to process EPIC’s Freedom of Information Act request. In the motion for an injunction, EPIC explained that the public "remains in the dark as to the most consequential government investigation in recent history." The EPIC Democracy and Cybersecurity Project has pursued several FOIA cases concerning Russian interference with the 2016 election. In EPIC v. FBI (response to Russian cyberattacks), EPIC obtained the FBI victim notification procedures. In EPIC v. ODNI (Russian hacking), EPIC confirmed that Russia engaged in a “multi-pronged” attack against the U.S. elections. In EPIC v. IRS I, EPIC sought the release of President Trump’s tax returns. In EPIC v. IRS II, EPIC is seeking the release of related business returns. And in EPIC v. DHS (election cybersecurity), EPIC obtained documents about election security procedures. The case for the release of the Mueller Report is EPIC v. DOJ, No. 19-810 (D.D.C.).

EPIC Seeks Injunction for Expedited Release of Mueller Report (Mar. 29, 2019) +

EPIC has filed a motion for a preliminary injunction to secure the expedited release of the Mueller Report and other records concerning Russian interference in the 2016 presidential election. EPIC filed suit against the Department of Justice last week after the agency failed to process EPIC’s Freedom of Information Act request. In the motion for an injunction, EPIC explained that "Few, if any, government documents in the recent history of the United States have commanded more attention than the Mueller Report,” yet the public "remains in the dark as to the most consequential government investigation in recent history." The EPIC Democracy and Cybersecurity Project has pursued multiple FOIA cases concerning Russian interference with the 2016 election, including EPIC v. FBI (response to Russian cyberattacks), EPIC v. ODNI (Russian hacking), EPIC v. IRS I (release of Trump's tax returns), EPIC v. IRS II (release of Trump business tax records), and EPIC v. DHS (election cybersecurity). The case for the release of the Mueller Report is EPIC v. DOJ, No. 19-810 (D.D.C.).

EPIC Files First Lawsuit for Special Counsel Report on Russian Election Interference (Mar. 22, 2019) +

EPIC has filed a Freedom of Information Act lawsuit to obtain the final report by Special Counsel Robert Mueller concerning Russian interference in the 2016 U.S. presidential election. Attorney General William Barr notified Congress on Friday that the Special Counsel had delivered the final report. In November 2018, EPIC submitted a detailed Freedom of Information Act request to the Department of Justice seeking records about the investigation. The Special Counsel was authorized to conduct an investigation into Russian interference, including "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump." Special Counsel Mueller has since brought criminal charges against 34 individuals and three organizations. EPIC, through its Democracy and Cybersecurity Project, has pursued multiple FOIA cases concerning Russian interference with the 2016 election, including EPIC v. FBI (response to Russian cyberattacks), EPIC v. ODNI (Russian hacking), EPIC v. IRS I (release of Trump's tax returns), EPIC v. IRS II (release of Trump's offers-in-compromise), and EPIC v. DHS (election cybersecurity). The case for the release of the Mueller Report is EPIC v. DOJ, No. 19-810 (D.D.C.) [Exhibits].

Intelligence Chiefs: New Threats to Democratic Institutions (Feb. 4, 2019) +

In a hearing last week, the chiefs of the U.S. intelligence agencies told Senators that foreign adversaries will "increasingly use cyber capabilities" to "seek political, economic, and military advantage." The intelligence leaders further stated that foreign powers are "already looking to the 2020 election" in order to advance their interests, and that those powers will "almost certainly" target online operations to weaken democratic institutions. After the 2016 election, EPIC launched a project on Democracy and Cybersecurity to safeguard democratic institutions. EPIC filed a series of Freedom of Information Act lawsuits to determine the extent of Russian interference: EPIC v. FBI (cyberattack victim notification), EPIC v. ODNI (Russian hacking), EPIC v. IRS I (release of Trump's tax returns), and EPIC v. DHS (election cybersecurity). EPIC has said, "The public has a right to know the details when a foreign government attempts to influence the outcome of a U.S. presidential election. And the public has a right to know what steps have been taken to prevent future attacks."

Senate Reports Detail Russian Russian Interference in 2016 Election (Dec. 18, 2018) +

In a pair of reports released this week, the Senate Intelligence Committee provided fresh details on the extent of Russian interference in the 2016 election. Committee Chairman Richard Burr explained: "This newly released data demonstrates how aggressively Russia sought to divide Americans by race, religion and ideology, and how the IRA actively worked to erode trust in our democratic institutions. Most troublingly, it shows that these activities have not stopped." Shortly after the 2016 presidential election, EPIC filed a series of Freedom of Information Act lawsuits to determine the extent of Russian interference: EPIC v. FBI, EPIC v. ODNI, EPIC v. IRS I, and EPIC v. DHS. As EPIC President Marc Rotenberg explained in an op-ed in March 2017: "The public has a right to know the details when a foreign government attempts to influence the outcome of a U.S. presidential election. And the public has a right to know what steps have been taken to prevent future attacks."

EPIC Seeks Special Counsel Reports on Russian Election Interference (Nov. 5, 2018) +

EPIC has submitted an urgent Freedom of Information Act request to the Department of Justice for records about Special Counsel Robert Mueller's investigation into the Russian interference in the 2016 U.S. presidential election. In May 2017, the Acting Attorney General authorized an investigation into Russian interference, including "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump." Special Counsel Mueller has since brought criminal charges against 33 individuals and three organizations. According to news reports and President Trump's attorneys, Special Counsel Mueller intends to transmit one or more reports detailing his findings. EPIC launched a project on Democracy and Cybersecurity in response to Russian interference in the 2016 presidential election. EPIC is currently pursuing several related FOIA cases concerning Russian interference with the 2016 election: EPIC v. FBI (response to Russian cyberattacks), EPIC v. ODNI (Russian hacking), EPIC v. IRS I (release of Trump's tax returns), EPIC v. IRS II (release of Trump’s offers-in-compromise), and EPIC v. DHS (election cybersecurity).

EPIC v. IRS: D.C. Circuit Hears Arguments in FOIA Case for Trump's Tax Returns (Sep. 13, 2018) +

The D.C. Circuit heard oral arguments today in EPIC v. IRS, EPIC's Freedom of Information Act case to obtain public release of President Trump's tax returns. EPIC argued that the IRS has the authority, under a provision known as "(k)(3)," to disclose the President's returns to correct numerous misstatements of fact concerning his financial ties to Russia. For example, President Trump falsely tweeted that "Russia has never tried to use leverage over me. I HAVE NOTHING TO DO WITH RUSSIA - NO DEALS, NO LOANS, NO NOTHING." EPIC Counsel John Davisson told the court that "If ever there were a situation that justified the use of (k)(3), this is it." Judge Patricia Millett questioned the IRS's claim that it can only process EPIC's FOIA with the President's consent. "It would be ludicrous to require consent of the taxpayer under (k)(3)," Millett said. A broad majority of the American public favor the release of the President's tax returns. EPIC v. IRS is one of several FOIA cases EPIC has pursued concerning Russian interference in the 2016 Presidential election, including EPIC v. FBI (response to Russian cyberattack) and EPIC v. DHS (election cybersecurity). In a related case, EPIC v. IRS II, EPIC is seeking the release of tax settlement information concerning Donald Trump's businesses. These "offers in compromise" are "an agreement between a taxpayer and the Internal Revenue Service that settles a taxpayer's tax liabilities for less than the full amount owed."

D.C. Circuit Announces Panel in EPIC v. IRS, FOIA Case for Trump's Tax Returns (Aug. 14, 2018) +

The D.C. Circuit has announced the three-judge panel that will decide EPIC v. IRS, EPIC's Freedom of Information Act case to obtain public release of President Trump's tax returns. Arguments will be held in the case on Thursday, September 13, 2018 before Judge Karen LeCraft Henderson, Judge Patricia A. Millett, and Judge Harry T. Edwards. EPIC has argued that the IRS has the authority to disclose the President's returns to correct numerous misstatements of fact concerning his financial ties to Russia. For example, President Trump tweeted that "Russia has never tried to use leverage over me. I HAVE NOTHING TO DO WITH RUSSIA - NO DEALS, NO LOANS, NO NOTHING"—a claim "plainly contradicted by his own attorneys, family members, and business partners." As EPIC told the Court, "there has never been a more compelling FOIA request presented to the IRS." A broad majority of the American public favor the release of the President's tax returns. EPIC v. IRS is one of several FOIA cases EPIC has pursued concerning Russian interference in the 2016 Presidential election, including EPIC v. FBI (response to Russian cyber attack) and EPIC v. DHS (election cybersecurity).

Senate Committee Confirms 2016 Russian Cyberattack on Democratic Institutions (Jul. 5, 2018) +

A report from the Senate Select Committee on Intelligence has confirmed the 2017 assessment from the Intelligence Community on Russian interference with the 2016 election. The Intelligence report stated "Russia's goals were to undermine public faith in the U.S. democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump." Senate Committee Chair Richard Burr (R-NC) said "the Committee has spent the last 16 months reviewing the sources, tradecraft and analytic work underpinning the Intelligence Community Assessment and sees no reason to dispute the conclusions," The Senate Report also stated, "the Committee's investigation has exposed a far more extensive Russian effort to manipulate social media outlets to sow discord and to interfere in the 2016 election and American society" than the Intelligence Community assessment reported. EPIC pursued a FOIA lawsuit, EPIC v. ODNI, to obtain public release of the complete Intelligence report. In 2017, EPIC launched a new project on Democracy and Cybersecurity to focus attention on new threats to democratic institutions.

EPIC Urges Senate Judiciary to Examine FBI Response to Russian Cyber Attacks (Jun. 15, 2018) +

EPIC has sent a statement to the Senate Judiciary Committee ahead of Monday's hearing "Examining the Inspector General’s First Report on Justice Department and FBI Actions in Advance of the 2016 Presidential Election." EPIC urged the Committee to explore the FBI's ability to respond to future cyberattacks. According to documents obtained by EPIC, the FBI is to notify victims of cyberattacks "even when it may interfere with another investigation or (intelligence) operation." But an AP investigation found that the FBI failed to notify hundreds of officials whose email was hacked during the 2016 election. EPIC obtained the FBI's Victim Notification Procedures through a Freedom of Information Act lawsuit, EPIC v. FBI. Last month, a federal court ruled that the agency may withhold records still sought by EPIC but said that lawmakers should pursue threats to democratic institutions described in the EPIC lawsuit.

U.S. House Report Finds FBI Cyberattack Victim Notification Inadequate (Apr. 30, 2018) +

The House Permanent Select Committee on Intelligence has published a redacted version of its report on Russian interference with the 2016 Presidential Election. The report concludes that Russia did conduct cyberattacks on U.S. political institutions in 2015 and 2016. It also found that the FBI's "notification to numerous Russian hacking victims was largely inadequate." The report recommends that the FBI improve cyberattack victim notification. In a Freedom of Information Act lawsuit EPIC v. FBI, EPIC obtained the FBI notification procedures that would have applied during the 2016 Presidential election. The documents state that "[b]ecause timely victim notification has the potential to completely mitigate ongoing and future intrusions and can mitigate the damage of past attacks while increasing the potential for the collection of actionable intelligence, CyD's policy regarding victim notification is designed to strongly favor victim notification." However, the FBI did not follow this procedure following cyber attacks on the DNC and RNC during the 2016 Presidential Election. The Committee also recommended measures to strengthen U.S. election systems, such as paper ballots, protection of voter registration systems, and funding for risk assessment of state election agency computer systems. In early 2017, EPIC launched the Project on Democracy and Cybersecurity.

Tax Day: EPIC Files Second Lawsuit to Obtain Trump Tax Records (Apr. 17, 2018) +

EPIC has filed a second Freedom of Information Act lawsuit to obtain President Trump's tax records. EPIC is seeking information about IRS settlements involving the President and his businesses—information which the agency is required to disclose to the public upon request. The IRS agreed to process EPIC's request in February but has failed to release any records to date. EPIC previously sued the IRS for the release of the President's personal tax returns to correct misstatements of fact about his financial ties to Russia. President Trump tweeted "I HAVE NOTHING TO DO WITH RUSSIA - NO DEALS, NO LOANS, NO NOTHING"—a claim contradicted by the President's own lawyers. That case, EPIC v. IRS, is now before the D.C. Circuit Court of Appeals. EPIC is litigating several other FOIA cases about Russian interference in the 2016 Presidential election, including EPIC v. FBI (response to Russian cyber attack) and EPIC v. DHS (election cybersecurity).

EPIC Provides U.S. Report for Privacy Experts Meeting (Apr. 9, 2018) +

EPIC has provided a comprehensive report explaining the latest developments in U.S. privacy law and policy for the 63rd meeting of the International Working Group on Data Protection. The Working Group includes Data Protection Authorities and experts from around the world who work together to address emerging privacy challenges. The EPIC 2018 report details the CLOUD Act, the FTC's failure to enforce its legal judgment against Facebook, the ongoing investigation of the Russian interference in the 2016 election, federal nominees to the FTC and PCLOB, recent legislative proposals on Artificial Intelligence, and more. The 64th meeting of the IWG will take place in Queenstown, New Zealand on November 29-30. In April 2017, EPIC hosted the 61st meeting of the IWG in Washington, D.C. at the Goethe-Institut, Germany's cultural institute.

FEC Proposes Regulation of Internet Political Ads (Mar. 14, 2018) +

Today the Federal Election Commission voted unanimously, at a public meeting, to publish a proposed rule concerning transparency requirements for online political ads. The FEC noted EPIC's comments—arguing that internet companies should be held to the same standard as broadcast companies—in its proposal. The FEC will publish the proposal in the Federal Register, accept comments from the public, and then hold a public hearing on June 27, 2018. After Russian interference in the 2016 election, EPIC launched the Democracy and Cybersecurity Project to preserve the integrity of elections and democratic institutions. In comments to the FEC in November 2017, EPIC explained the "need to protect democratic institutions from foreign adversaries has never been greater...To help ensure the integrity of U.S. elections, the Federal Election Commission should not exempt technology companies from notification requirements for Internet communications."

EPIC to Senate Intelligence: Ask NSA Director Nominee About Russian Election Interference (Mar. 14, 2018) +

In advance of the hearing on the nomination of Lieutenant General Paul M. Nakasone to be the Director of the National Security Agency, EPIC has sent a statement to the Senate Intelligence Committee. EPIC urged the Committee to ask the nominee whether he agrees with the January 2017 assessment of the Intelligence Community that the Russians interfered with the 2016 Presidential election and whether he believes that the United States has taken sufficient steps to prevent Russian meddling in the mid-term elections. In the latest FOIA gallery, EPIC highlighted four new EPIC FOIA lawsuits to uncover details of the Russian interference in the 2016 Presidential election. One EPIC's FOIA cases, EPIC v. FBI, revealed that the Bureau failed to warn the DNC and the RNC that they were targeted by a Russian cyber attack.

EPIC Celebrates Sunshine Week With 2018 FOIA Gallery (Mar. 12, 2018) +

In celebration of Sunshine Week, a national recognition of public access to information, EPIC has unveiled the 2018 FOIA Gallery. Since 2001, EPIC has released annual highlights of EPIC's most significant open government cases. In 2017, EPIC obtained the "victim notification procedures" that the FBI did not follow during the 2016 Presidential election, revealed that the FBI also failed to follow internal guidance for using intelligence data for criminal investigations, and uncovered problems with the border security biometric matching program. In the latest FOIA gallery, EPIC also highlighted four new EPIC FOIA lawsuits to uncover details of the Russian interference in the 2016 Presidential election and records, obtained by EPIC, revealing federal voting rights officials discussing ways to "clean" state voter rolls.

EPIC FOIA: Federal Voting Rights Officials Sought to 'Clean' State Voter Rolls (Mar. 12, 2018) +

Officials from four different federal agencies discussed joint plans to "clean" state voter rolls last year, according to documents obtained by EPIC through a Freedom of Information Act request. The records show that the Election Assistance Commission, the Presidential Election Commission, the Department of Justice, and the Department of Homeland Security explored ways to cooperate on "cleaning" and "maintenance" of state voter registration databases. The documents also reveal that the Presidential Election Commission and the DOJ discussed "election integrity" issues just two weeks before both agencies issued sweeping requests for state election records on the same day. After EPIC brought suit against the Commission last yet to halt its unlawful gathering of personal voter data, the Commission temporarily suspended its data collection, discontinued the use of an unsafe computer server, deleted voter information that was illegally obtained, and ultimately disbanded.

Senators Ask Director of National Intelligence About Russian Meddling (Mar. 6, 2018) +

Today the Senate Armed Services Committee held a hearing that addressed concerns about Russian interference in upcoming elections. In his opening statement, the Director of National Intelligence Daniel Coats stated that Russia views its influence on the 2016 election as successful and emphasized the threat that Russian cyberattacks pose to U.S. democracy. Coats testified that the U.S.'s response has not been sufficient to deter Russia from interfering in the 2018 midterm elections, agreeing with testimony of Admiral Michael Rogers, the Commander of U.S. Cyber Command, in a hearing last week. Coats called the U.S.'s strategy to combat Russian interference a "whole government approach," but it concerned some Senators that there was no lead agency in charge of this effort, including Senator Mazie Hirono (D-HI) who said that it caused her to conclude that it is "not a top priority" for the President. EPIC launched a project on Democracy and Cybersecurity in response to Russian interference in the 2016 presidential election.

Mueller Indicts Russian Nationals, Entities for Election Interference (Feb. 16, 2018) +

Special Counsel Robert Mueller has indicted thirteen Russian nationals and three Russian entities for interfering in the 2016 U.S. presidential election. "Beginning as early as 2014" the defendants began operations "to interfere with the U.S. political system" and "sow discord," the indictment explains. They also posed as U.S. persons online, reaching "significant numbers of Americans" on social media. EPIC first sought details of the Russians' "multifaceted" influence campaign in January 2017, pursuing release of the complete Intelligence Community assessment on Russian meddling. EPIC President Marc Rotenberg recently highlighted the role of the Russian Internet Research Agency, named in the Mueller indictment, explaining, "Facebook sold advertising to Russian troll farms working to undermine the American political process." EPIC launched a new project on Democracy an Cybersecurity in early 2017 to help preserve democratic institutions.

Congressional Task Force Releases Report on Election Security (Feb. 14, 2018) +

The Congressional Task Force on Election Security today released its final report detailing vulnerabilities in U.S. election systems. The report includes many recommendations, purchasing voting systems with paper ballots, post-election audits, and funding for IT support. The report also proposes a national strategy to counter efforts to undermine democratic institutions. Election experts have said that Congress has not done enough to safeguard the mid-term elections. In early 2017, EPIC launched the Project on Democracy and Cybersecurity. EPIC is currently pursuing several FOIA cases concerning Russian interference with the 2016 election, including EPIC v. FBI (cyberattack victim notification), EPIC v. ODNI (Russian hacking), EPIC v. IRS (release of Trump's tax returns), and EPIC v. DHS (election cybersecurity).

Senators Question Intelligence Officials on Russian Election Interference (Feb. 13, 2018) +

The Senate Intelligence Committee held a hearing today with top officials from all U.S. intelligence agencies: Office of the Director of National Intelligence, CIA, NSA, Defense Intelligence Agency, FBI, and the National Geospatial-Intelligence Agency. The officials unanimously agreed that Russia interfered in the 2016 election and will interfere in the 2018 election, noting that they have already observed attempts to influence upcoming elections. Director of National Intelligence Dan Coats said: "There should be no doubt that Russia perceived that its past efforts as successful and views the 2018 U.S. midterm elections as a potential target for Russian influence operations." EPIC launched the Project on Democracy and Cybersecurity, after the 2016 presidential election, to safeguard democratic institutions. EPIC is currently pursuing several FOIA cases concerning Russian interference, including EPIC v. FBI (cyberattack victim notification), EPIC v. ODNI (Russian hacking), EPIC v. IRS (release of Trump's tax returns), and EPIC v. DHS (election cybersecurity). EPIC also provided comments to the Federal Election Commission to improve transparency of election advertising on social media.

EPIC Files FOIA Request About DHS's Investigation of Voter Fraud (Feb. 9, 2018) +

EPIC filed a Freedom of Information Act request to the Department of Homeland Security seeking records about DHS's investigation of state voter fraud. Since the termination of the Presidential Advisory Commission on Election Integrity, President Trump suggested that the DHS investigate voter fraud, which falls outside the agency's jurisdiction. The agency has stated that its top priority is securing election systems from cyberattacks. This week, the DHS admitted that Russian hackers successfully penetrated election systems in the 2016 Presidential Election. EPIC had earlier submitted a statement to Congress seeking assurances that DHS will not continue the work of the disbanded Commission.

EPIC Pursues Trump's IRS Records, Contradictory Statements about Financial Ties to Russia (Feb. 5, 2018) +

EPIC has filed a new Freedom of Information Act request with the IRS, seeking tax-related records for President Trump's businesses. The new EPIC request follows EPIC's pending lawsuit for the release of Trump's personal tax returns. The request seeks the release of tax records concerning settlements with the IRS, which the agency is required to disclose to the public upon request. EPIC previously called on the IRS to release the President's tax returns to correct misstatements of fact about his financial ties to Russia. President Trump tweeted "I HAVE NOTHING TO DO WITH RUSSIA - NO DEALS, NO LOANS, NO NOTHING"—a claim contradicted by the President's lawyers. EPIC v. IRS, which is now before the D.C. Circuit Court of Appeals, is one of several FOIA cases EPIC is pursuing concerning Russian interference in the 2016 Presidential election. EPIC is also litigating EPIC v. ODNI (scope of Russian interference), EPIC v. FBI (response to Russian cyber attack), and EPIC v. DHS (election cybersecurity).

Senate Holds Hearing on National Security Strategy (Jan. 24, 2018) +

EPIC submitted a statement to the Senate Armed Services Committee in advance of a hearing on "Global Challenges and U.S. National Security Strategy." Last year, the White House released a National Security Strategy report that laid out the administration's goals. EPIC supports many of the goals stated in the report, including enhanced cybersecurity, support for democratic institutions, and protection of human rights. EPIC wrote to the committee to seek assurances that those goals will remain priorities for this administration. EPIC also said "perhaps it is a firewall and not a border wall that the United States needs to safeguard our national interests at this moment in time."

EPIC FOIA - Court Concedes Significance of Russia Report, But Fails to Order Disclosure (Dec. 19, 2017) +

A federal court in Washington, DC has ruled that the that the Office of Director of National Intelligence may withhold the Complete Assessment of the Russian interference in the 2016 presidential election, sought by EPIC under the Freedom of Information Act. In EPIC v. ODNI, EPIC had argued that the federal agency was required to disclose the document because it contained unclassified information and many of the report's conclusions had been released by the Intelligence Community in a public summary. While the Court acknowledged that "the single document at issue in this Freedom of Information Act suit is of interest to a great many people, both in the United States and abroad" it ruled that "the entire report, even portions of the report that have already been released in a separate document" could be withheld by the agency. EPIC had urged the judge to undertake an independent assessment to determine whether the agency properly asserted classification authority. EPIC v. ODNI is one of four leading FOIA cases seeking public disclosure of details of the Russian interference in the 2016 election. In related FOIA suit EPIC v. FBI, EPIC obtained the FBI's "Victim Notification Procedures" which were the subject of a Congressional hearing earlier this year.

EPIC Provides U.S. Report for Privacy Experts Meeting (Nov. 27, 2017) +

EPIC has provided a comprehensive report explaining the latest developments in U.S. privacy law and policy to the International Working Group on Data Protection in Telecommunications. The Berlin-based Working Group includes Data Protection Authorities and experts, from around the world, who work together to address emerging privacy challenges. The EPIC report details legislative proposals to address privacy and security risks of automated vehicles, pending Supreme Court case concerning cell phone location tracking Carpenter v. United States, U.S. investigation of the Russian interference in the 2016 election, the Equifax data breach, and more. The 62nd meeting to the IWG will take place in Paris, France on November 27-28. In April 2017, EPIC hosted the 61st meeting of the IWG in Washington, D.C. at the Goethe-Institut, Germany's cultural institute.

EPIC v. FBI: EPIC Pursues Release of Documents on Russian Meddling (Nov. 20, 2017) +

In the Freedom of Information Act lawsuit EPIC v. FBI, EPIC has filed a motion contending the FBI must release records detailing the Russian interference in the 2016 election. EPIC explained that "a year after the election the full extent of Russian interference remains unknown to the public." EPIC also said the the FBI's failure to release documents "is contrary to law and leave at risk the security of future U.S. elections." The FBI must now file a reply to EPIC's motion. EPIC v. FBI is a part of the new EPIC Democracy and Cybersecurity Project focused on preserving democratic institutions. EPIC has filed related FOIA lawsuits against the DHS, ODNI, and IRS. EPIC also recently pressed the Federal Election Commission to establish transparency for online ads. The FEC voted unanimously to adopt new rules.

After Public Pressure, FEC To Begin Rulemaking On Online Ad Transparency (Nov. 16, 2017) +

After receiving over 150,000 public comments, the Federal Election Commission voted unanimously to make new rules governing online political ad disclosures. EPIC, numerous other organizations, and lawmakers pressed the FEC to require transparency for online ads to combat foreign interference in U.S. elections. The FEC had solicited public comments on its internet disclosure rules three times in six years before finally taking action. A group of 15 Senators wrote, "The FEC must close loopholes that have allowed foreign adversaries to sow discord and misinform the American electorate." And a group of 18 members of Congress urged the FEC to "address head-on the topic of illicit foreign activity in U.S. elections." EPIC suggested the FEC go a step beyond simple disclosures and require "algorithmic transparency" for online platforms that deliver targeted ads to voters. Several senators have also introduced a bipartisan bill that would require the same disclosures for online ads as for television and radio. EPIC is fully engaged in protecting the integrity of elections with its Project on Democracy and Cybersecurity.

Senators Urge FEC to Promote Transparency in Online Ads (Nov. 13, 2017) +

A group of 15 Senators led by Mark Warner (D-VA), Amy Klobuchar, (D-MN) and Claire McCaskell, (D-MO) have urged the Federal Election Commission to improve transparency for online political ads. The Senators stated that, "the FEC can and should take immediate and decisive action to ensure parity between ads seen on the internet and those on television and radio." The Senators emphasized how "Russian operatives used advertisements on social media platforms to sow division and discord" during the 2016 election. EPIC provided comments to the FEC calling for "algorithmic transparency" and the disclosure of who paid for online ads. Senators Klobuchar, Warner, and McCain (R-AZ) have also introduced a bipartisan bill that would require the same disclosures for online political advertisements as for those on television and radio. EPIC's Project on Democracy and Cybersecurity, established after the 2016 presidential election, seeks to promote election integrity and safeguard democratic institutions from various forms of cyber attack.

EPIC Promotes 'Algorithmic Transparency' for Political Ads (Nov. 3, 2017) +

In comments to the Federal Election Commission, EPIC urged new rules to require transparency for online political ads. EPIC said voters should "know as much about advertisers as advertisers know about voters." EPIC called for algorithmic transparency which would require advertisers to disclose the demographic factors behind targeted political ads, as well as the source and payment. The FEC reopened a comment period on proposed rules "in light of developments." This week representatives from Facebook, Twitter and Google testified at two Senate hearings on the role that social media played in Russian meddling in the 2016 election. Senators Klobuchar (D-MN), Warner (D-VA), and McCain (R-AZ) have also introduced a bipartisan bill that would require increased disclosures for online political advertisements. EPIC's Project on Democracy and Cybersecurity, established after the 2016 presidential election, seeks to safeguard democratic institutions from various forms of cyber attack.

Senate Begins Investigation Into Russian Meddling (Oct. 31, 2017) +

This week the Senate is holding two hearings to investigate Russians' use of social media platforms to influence the 2016 U.S. presidential election. Today, the Senate Committee on the Judiciary's Subcommittee on Crime and Terrorism is holding a hearing on "Extremist Content and Russian Disinformation Online: Working with Tech to Find Solutions." Representatives from Facebook, Twitter, and Google as well as foreign policy experts will testify. Tomorrow the Senate Select Committee on Intelligence will hold a hearing on "Social Media Influence in the 2016 U.S. Elections." In 2017, EPIC launched the Democracy and Cybersecurity project to preserve the integrity of democratic institutions. EPIC is currently pursuing several Freedom of Information Act cases to learn more about Russian interference in the 2016 Presidential election, including: EPIC v. ODNI (Russian hacking), EPIC v. FBI (Russian hacking), EPIC v. IRS (Release of Trump Tax Returns), and EPIC v. DHS (election cybersecurity).

EPIC Supports "Release to One, Release to All" FOIA Policy (Oct. 31, 2017) +

EPIC joined a coalition of open government groups to urge government agencies to implement the "Release to One, Release to All" policy for Freedom of Information Act requests. This policy would require federal agencies to post all Freedom of Information Act disclosures online after the information is released to a particular requester. Despite overwhelming positive public comments, the Office of Information Policy at the Department of Justice has failed to finalize the policy. EPIC supports FOIA reforms to promote government transparency and files lawsuits to force disclosure of agency records. Most recently the EPIC Democracy and Cybersecurity Project is pursuing FOIA requests concerning Russian interference with the 2016 Presidential election.

Senate Bill to Improve Transparency and Accountability for Online Political Ads (Oct. 19, 2017) +

Several senators announced a bipartisan bill to make online political advertisements more transparent. The Honest Ads Act is a direct response to Russian interference in the 2016 election, which included political ads on Facebook, Google and Twitter. The bill, co-sponsored by Senators Klobuchar (D-MN), Warner (D-VA), and McCain (R-AZ), would impose the same disclosure requirements for online ads as for TV and radio ads. "First and foremost this is an issue of national security — Russia attacked us and will continue to use different tactics to undermine our democracy," Senator Klobuchar said. The FEC also announced on October 10 that "in light of developments" it would reopen for public comment its disclosure rules for online political ads. EPIC is fully engaged in the challenge of protecting democracy by promoting cybersecurity and election integrity. EPIC has filed several FOIA lawsuits to determine the scope of Russian interference. The cases include: EPIC v. FBI (Russian Hacking), EPIC v. ODNI (Russian Hacking), and EPIC v. IRS (Donald Trump's Tax Records).

2018 Intelligence Authorization Reflects Concerns About Russian Hacking (Aug. 25, 2017) +

In the proposed intelligence reauthorization for 2018, the Senate has included provisions reflecting widespread concern about the Russian interference in the 2016 election. Among other requirements, S. 1761 mandates a report to Congress detailing the past cyber attacks on election infrastructure and the risk of future attacks, as well as a report assessing the intelligence community response to the attacks. The bill also gives the intelligence community 90 days to develop a strategy to counter the threat of future Russian cyber attacks. And the bill requires the Director of National Intelligence to submit to Congress a report assessing the "threat of Russian money laundering to the United States." EPIC raised similar concerns in a series of leading open government cases concerning the Russian interference. In EPIC v. FBI, EPIC is seeking information about the FBI's response to the attacks and has obtained the FBI Notification Procedures that should have been followed after a cyber attack. In EPIC v. ODNI, EPIC is seeking the release of the complete intelligence report on the scope of the Russian attack. And in EPIC v. IRS, EPIC is seeking to obtain the public release of Donald Trump’s tax returns.

EPIC Pursues Release of Trump Tax Returns in IRS FOIA Case (Jun. 27, 2017) +

EPIC filed a court brief Monday opposing an attempt by the Internal Revenue Service to dismiss EPIC's FOIA lawsuit for President Trump's tax returns. EPIC filed the suit for the tax records on April 15 after the IRS refused to process EPIC's FOIA Request for the President's returns. The IRS responded by asking the court to dismiss the case, insisting that the agency did not have to process EPIC's request because the President's consent had not been obtained. As EPIC told the court on Monday, the IRS focused on the wrong law, ignoring a provision that gives EPIC a right to access the President's tax records without consent. EPIC explained that the agency's argument "is irrelevant to the processing of this particular FOIA request." EPIC v. IRS is one of three leading open government cases concerning Russian interference with the 2016 Presidential election. In EPIC v. ODNI, EPIC is seeking the release of the complete report on the scope of the attack. In EPIC v. FBI, EPIC is seeking information about the FBI’s response to the attack.

The FOIA Project Provides 2017 FOIA Report (May. 31, 2017) +

A new report from The FOIA Project tracks many of the Freedom of Information Act lawsuits filed by media organizations and journalists in 2017. According to TRAC, forty-five new FOIA lawsuits were filed by thirty-nine news organizations and reporters. The New York Times, with six FOIA suits, filed suit most frequently. In second place is EPIC, which has already filed four FOIA lawsuits in 2017, including a suite of lawsuits under the new EPIC Democracy and Cybersecurity Project focused on preserving democratic institutions. In EPIC v. ODNI EPIC seeks public release of the January 2017 report of the intelligence community on Russian hacking, and in EPIC v. IRS EPIC seeks release of President Trump's Tax records. In EPIC v. FBI, EPIC has already obtained the Bureau's procedures for notifying organizations that are the target of a cyber attack. EPIC has asked Congress to determine whether the FBI did enough to notify US political organizations about Russian cyber attacks during he 2016 Presidential election.

Executive Order on Cybersecurity Finally Released (May. 12, 2017) +

A long delayed Executive Order on cybersecurity was released this week. The Order continues many of the cybersecurity policies of the Obama and Bush administrations. The Executive Order requires agency heads to use the NIST Framework to manage cybersecurity risk, and to provide a risk management report. The Order also requires Cabinet officials to devise a strategy for international cooperation in cybersecurity. However, the Order does not address Russia's cyber interference with the 2016 Presidential Election. EPIC, and a group of forty leading experts in law and technology, had urged the White House to strengthen privacy and data protection, and support strong encryption. The EPIC Cybersecurity and Democracy Project focuses on US cyber policies, threats to election systems and foreign attempts to influence American policymaking.

Former Attorney General Testifies about Russian Influence with Key Trump Advisor (May. 9, 2017) +

In a hearing before a Senate Judiciary Subcommittee, former Acting Attorney General Sally Yates said she warned the White House that General Michael Flynn "could be blackmailed by the Russians" who knew he had lied about his Russian contacts. Yates also said the DOJ came forward out of concern that both administration officials and the American people "had been misled." As a part of the Democracy and Cybersecurity Project, EPIC is pursuing a Freedom of Information Act request for records of DOJ's investigation of Russian interference, EPIC explained to the Senate committee that "the public has 'the right to know' the extent of Russian interference with democratic elections and the steps that are being taken to prevent future attacks."

On Cyber Policy, EPIC Urges Senate to Protect Consumers, Democratic Institutions (May. 8, 2017) +

In advance of a hearing on "Cyber Threats Facing America: An Overview of the Cybersecurity Threat Landscape," EPIC has sent a statement to a Senate Committee urging Congress to protect democratic institutions, following the Russian interference with the 2016 presidential election. EPIC explained that "data protection and privacy should remain a central focus" of cyber security policy. EPIC also recommended that Congress strengthen the federal Privacy Act and establish a U.S. data protection agency. EPIC recently launched the EPIC Cybersecurity and Democracy Project that will focus on US cyber policies, threats to election systems and foreign attempts to influence American policymaking.

EPIC To Senate Judiciary - "Public Has Right to Know About Russia Ties" (May. 5, 2017) +

EPIC has sent a statement to the Senate Judiciary Committee for a hearing on "Russian Interference in the 2016 United States Election." EPIC described its Freedom of Information Act cases against the FBI and the ODNI to obtain records about activities aimed at undermining democratic institutions. EPIC is also pursuing the release of any FISA orders for Trump Tower, as well as Donald Trump's tax returns. EPIC wrote the "need to understand Russian efforts to influence democratic elections cannot be overstated.”

EPIC v. ODNI: EPIC Anticipates Release of Report on Russian Hacking (May. 2, 2017) +

In a Freedom of Information Act lawsuit EPIC v. ODNI, EPIC anticipates the May 3 release of the Complete Assessment of the Russian interference in the 2016 presidential election. In January 2017, the Director of National Intelligence released a limited, declassified version report about the "multi-pronged attack" on democratic institutions. EPIC filed a FOIA suit for public release of the Complete Assessment of Russian interference. As EPIC explained in an op-ed in The Hill and statements to Congress, the "public has a right to know the details when a foreign government attempts to influence the outcome of a U.S. presidential election." In accordance with the briefing schedule in the case, the ODNI must release all non-exempt portions of the Complete Assessment on May 3, 2017 to EPIC. EPIC is also pursuing two related FOIA cases as part of the Democracy and Cybersecurity Project. In EPIC v. FBI, EPIC is seeking records concerning the FBI's investigation of Russian interference. In EPIC v. IRS, EPIC is seeking release of President Trump’s Tax records.

Following Congress, EPIC Seeks Public Release of DHS Records on Russian Interference (Mar. 31, 2017) +

EPIC has submitted an urgent Freedom of Information Act request for DHS's review of the Russian Interference with the presidential election. The EPIC FOIA request follows House Resolution 235, sponsored by Rep. Bennie Thompson (D-MS), which would direct the Secretary of Homeland Security to transmit DHS's documents related to Russian interference to the House of Representative. EPIC is now pursuing public release of the same records, and has notified Chairman Jason Chaffetz (R-UT) and Ranking Member Cummings (D-MD), of the House Oversight Committee of the pending FOIA request. Earlier this week, EPIC argued "the public has the right to know" about the extent of Russian interference with the 2016 election.

EPIC To Senate Intelligence - "Public Has Right to Know About Russia Ties" (Mar. 29, 2017) +

EPIC has sent a letter to the Senate Intelligence Committee for a hearing on "Disinformation: A Primer in Russian Active Measures and Influence Campaigns." EPIC described its Freedom of Information Act cases against the FBI and the ODNI to obtain records about activities aimed at undermining democratic institutions. EPIC is also pursuing the release of any FISA orders for Trump Tower, as well as Donald Trump's tax returns. EPIC wrote the "need to understand Russian efforts to influence democratic elections cannot be overstated." EPIC President Marc Rotenberg summarized EPIC's FOIA efforts in an op-ed in The Hill earlier this week.

EPIC Pursues Release of President Trump's Tax Returns (Mar. 29, 2017) +

EPIC has renewed its Freedom of Information Act request for Donald Trump's tax returns after FBI Director Comey confirmed an FBI investigation into financial ties between the Trump campaign and the Russian government. The Senate Intelligence Committee is also investigating Russian interference in the 2016 presidential election and the role of Trump advisors. Former National Security Advisor Mike Flynn resigned after evidence emerged that he received more than $30,000 to celebrate the Russian propaganda outlet RT. As EPIC stated, "At no time in American history has a stronger claim been presented to the IRS for the public release of tax records." EPIC explained that the IRS has the authority to release tax records to correct "misstatements of fact." EPIC cited contradictory statements made by the President, advisers, and family members, including Jared Kusher, who stated "Russians make up a pretty disproportionate cross-section of a lot of our assets. We see a lot of money pouring in from Russia." The President later tweeted that he "has ZERO investments in Russia" and that he has "NOTHING TO DO WITH RUSSIA-NO DEALS, NO LOANS, NO NOTHING."

EPIC FOIAs Docs for Key Witnesses at Cancelled Oversight Hearing (Mar. 24, 2017) +

EPIC has submitted a series of urgent Freedom of Information Act requests for records concerning three witnesses who were scheduled to testify at an oversight hearing next week — Former Director of National Intelligence James Clapper, former Central Intelligence Agency Director John Brennan, and former Deputy Attorney General Sally Yates. Chairman Devon Nunes (R-CA), abruptly cancelled the hearing on the Russian interference in the 2016 Presidential Election, a move Ranking Member Adam Schiff (D-CA) called "an attempt to choke off public info." In today's FOIA requests, EPIC seeks to make public the information known to the witnesses about the Russian interference that would have presented to Committee members. EPIC is also pursuing related FOIA lawsuits against the FBI and ODNI. For more information about EPIC's latest open government work, visit: https://epic.org/open_gov/.

EPIC Seeks Public Release of Secret Directive on Cybersecurity (Jan. 28, 2017) +

EPIC has filed an urgent FOIA request with the DHS, the Department of Justice, and the NSA, seeking the expedited release of NSPD-1. The National Security Presidential Directive sets out procedures for cybersecurity "policy coordination, guidance, dispute resolution, and periodic in-progress review." EPIC has previously litigated, and successfully obtained, NSPD-54, a Presidential Directive concerning the NSA's authority to conduct surveillance within the United States.

EPIC Sues for Release of Complete Report on Russian Interference with 2016 Election (Jan. 26, 2017) +

EPIC has filed a Freedom of Information Act lawsuit against the Office of the Director of National Intelligence in federal district court in Washington, DC. The case is designated EPIC v. ODNI, No. 17-163 (D.D.C. filed Jan. 25, 2017). As EPIC makes clear in the complaint, "there is an urgent need to make available to the public the Complete ODNI Assessment to fully assess the Russian interference with the 2016 Presidential election and to prevent future attacks in democratic institutions." More details in the press release. Last week EPIC sued the FBI to uncover details of the Bureau's response to Russian interference.

NEWS UPDATE - EPIC Sues FBI for Details of Russian Interference with 2016 Election (Jan. 18, 2017) +

EPIC today filed a Freedom of Information Act lawsuit against the Federal Bureau of Investigation in federal district court in Washington, DC. The case is designated EPIC v. FBI, No. 17-127 (D.D.C. filed Jan. 18, 2017). The complaint states “EPIC challenges the FBI’s failure to make a timely decision concerning EPIC’s request for expedited processing of the FOIA request for records about the Russian interference with the 2016 Presidential Election.” A press conference will be held at the Fund for Constitutional Government on Capitol Hill on Thursday, January 19, 2017 at 1 pm. Media Advisory

EPIC Urges Senate Committee to Ensure UN Ambassador Supports International Privacy Convention (Jan. 18, 2017) +

EPIC has sent a statement to the Senate Foreign Relations Committee urging that the next UN Ambassador to advocate for human rights, particularly the right to privacy and the right to freedom of expression as set out in the Universal Declaration of Human Rights. EPIC also wrote that the UN Ambassador should support US ratification of the Council of Europe Privacy Convention, which is critical to the continued flow of personal data around the world. EPIC and consumer organizations have called on the United States to ratify the Privacy Convention. Next week, many countries around the world will recognize January 28, International Privacy Day, which celebrates the International Privacy Convention.

EPIC Tells Senate to Probe Commerce Nominee on Data Protection, Privacy Shield (Jan. 18, 2017) +

EPIC has sent a letter to the Senate Commerce Committee outlining the key privacy issues that the next Secretary of Commerce should address. The Committee convened this week to consider the nomination of Wilbur Ross for Commerce Secretary. EPIC stated that privacy protection may be on "the most important issue that the Secretary of Commerce will confront over the next several years." EPIC urged the Committee to ensure the nominee "make clear his commitment to a comprehensive approach to data protection, based in law." EPIC warned about the inadequacy of the Privacy Shield, a non-legal framework that permits the flow of European consumers' personal data to the United States, outside of European privacy law.

Senate Intelligence Committee Presses FBI to Reveal Russia Investigation (Jan. 16, 2017) +

Senator Richard Burr (R-NC) and Senator Mark Warner (D-VA), the Chairman and Ranking Member of the Senate Intelligence Committee, have announced a bipartisan inquiry into the Russian interference with the 2016 Presidential Election. Democratic members of the House Judiciary Committee have also pressed the FBI to confirm its investigation of President-elect Trump's ties to Russia. In a letter to FBI Director James Comey, Committee Members requested "all documentation relevant to this investigation" be provided to the Committee "as soon as possible." EPIC has filed two urgent Freedom of Information Act requests concerning Russian interference: one for records about the FBI's lax response to the foreign cyber threat, the other for the report "Russian Activities and Intentions in Recent US Elections". This week EPIC also urged the Senate Armed Services Committee to pursue an investigation.

EPIC, Technology Experts Urge Senate Committee to Monitor President’s Homeland Security Advisor (Jan. 10, 2017) +

In a letter to the Senate Committee on Homeland Security, EPIC and leading experts urged Congress to keep a close eye on the White House Homeland Security Advisor. EPIC explained that the position, equal in power to the National Security Advisor, carries "significant implications for the safety and security of the American people." EPIC said that the Homeland Security Advisor should ensure "the Russian government poses no further threats to the United States electoral system or to other democratic governments." EPIC also said that "data protection and privacy should remain a central focus" of U.S. cyber security policy. The EPIC letter was signed by distinguished experts in cyber security, information technology, encryption, and human rights law.

EPIC Seeks Expedited Release of Report on Russian Interference in 2016 Election (Jan. 10, 2017) +

EPIC has submitted an urgent Freedom of Information Act request to the Office of the Director of National Intelligence (ODNI) seeking the complete report on the Russian interference in the 2016 Presidential Election. On January 6, the ODNI released a public summary on the Russian interference, but withheld important information. EPIC is seeking expedited release of the complete, unreacted report. EPIC is also seeking records from the FBI about the agency's lax response to the foreign cyber threat. EPIC submitted a statement to the Senate Armed Services Committee hearing on Russian interference. Congress will hold a second hearing today, and a bill initiating new sanctions against Russia is expected this week. EPIC will continue to press the ODNI for prompt release of the report.

Senate Armed Services Committee to Examine Foreign Cyber Threats (Jan. 4, 2017) +

The Senate Armed Services Committee will hold a hearing on "Foreign Cyber Threats to the United States" on January 5, 2016. EPIC submitted a statement to the Committee to alert Senators about a pending Freedom of Information Act request. The EPIC FOIA request concerns the lax response of the FBI to the Russian interference with the 2016 Presidential election. EPIC wrote “we believe that the information that we are seeking from the FBI will also be helpful to the Senate Armed Services Committee as you investigate foreign cyber threats to the United States.”“Director of National Intelligence James Clapper, National Security Agency and Cyber Command Chief Adm. Mike Rogers and Undersecretary of Defense for Intelligence Marcel Lettre are scheduled to testify.

Obama Sanctions Russia for Election “Hack" (Dec. 30, 2016) +

President Obama has sanctioned the Russian government for interference with the 2016 Presidential election. Obama stated, "These actions follow repeated private and public warnings that we have issued to the Russian government, and are a necessary and appropriate response to efforts to harm U.S. interests in violation of established international norms of behavior." Throughout this year, EPIC pursued a campaign in support of data protection, contending that it was "the most important, least well understood issue" of the 2016 election. EPIC specifically warned that online voting systems were vulnerable to cyber attack. EPIC recently filed an expedited FOIA request with the FBI, seeking to determine why the agency was slow to respond to the attack on US democratic institutions by a foreign government.

EPIC Seeks FBI Records on Russian Interference in 2016 Presidential Election (Dec. 22, 2016) +

EPIC has submitted an urgent Freedom of Information Act request to the FBI seeking records about the agency’s response to the Russian interference in the 2016 presidential election. According to several reports, Russian hackers infiltrated computer systems of the Democratic National Committee and the Republican National Committee. The U.S. Intelligence Community has officially attributed the attacks on the Russian government, yet questions have been raised about the failure of the FBI to investigate the attacks on the political parties of the United States. Congress is expected to establish a Select Committee to investigate the matter. “The FBI,” stated EPIC in the FOIA request, “ is entrusted with protecting the cybersecurity of the public and its institutions. The American public, thus has a great interest in understanding the nature of the FBI’s response to the Russian interference with the 2016 presidential election.” EPIC is seeking expedited processing of the FOIA request. EPIC has recently filed a FOIA lawsuit against the FBI, regarding the expansion of “Next Generation Identification,” one of the largest biometric databases in the world.

Obama Orders Review of Hacking During 2016 Election (Dec. 9, 2016) +

President Obama's top homeland security advisor Lisa Monaco announced today that the Administration has asked the intelligence community to conduct a "full review" of cyber activity during the 2016 election. In 2016, EPIC urged candidates for office to focus on data protection, calling it "the most important, least well understood issue" of the 2016 election. EPIC also published a report on the importance of the secret ballot for democratic decision making. EPIC's Freedom of Information Act litigation uncovered flaws in online voting reported by the Department of Defense just prior to the 2012 election.

As Voters Go To Polls, EPIC Backs "Data Protection 2016," Secret Ballot (Nov. 7, 2016) +

With voters heading to the polls for the 2016 Presidential election, EPIC has urged national focus on "data protection," calling it "the most important, least well understood issue" of this election season. Together with Common Cause and Verified Voting, EPIC also published a report on the importance of the secret ballot for democratic decision making. And EPIC's Freedom of Information Act litigation has uncovered flaws in online voting reported by the Department of Defense in a 2011 report. EPIC is non-partisan, educational organization and does not endorse candidates for public office.

EPIC Urges Congress to Protect Voter Privacy (Sep. 27, 2016) +

EPIC has sent a letter to a Congressional committee in advance of a hearing on cybersecurity and ballot integrity. EPIC warned that casting votes online threaten voter privacy. EPIC explained that the secret ballot is the cornerstone of the US election system. EPIC, Common Cause, and Verified Voting recently published The Secret Ballot at Risk: Recommendations for Protecting Democracy. The report makes specific recommendations for protecting voter privacy. EPIC has a long history of working to protect voter privacy and election integrity.

Secret Ballot At Risk in Maryland After Election Board Vote (Sep. 27, 2016) +

The Maryland State Board of Elections has voted to certify Maryland’s online ballot-marking system for general use, threatening voter privacy. Voters using the online-ballot marking system would receive and fill out their ballot online, risking third party access their vote. Previously online ballot-marking was permitted only to enable participation by voters with disabilities. EPIC, Verified Voting, and Common Cause recently released The Secret Ballot at Risk: Recommendations for Protecting Democracy, a report highlighting the right to a secret ballot and how Internet voting threatens voter privacy. EPIC has a long history of working to protect voter privacy and election integrity.

EPIC, Verified Voting, Common Cause Release Report on Ballot Secrecy (Aug. 18, 2016) +

EPIC, Verified Voting, and Common Cause today released The Secret Ballot at Risk: Recommendations for Protecting Democracy, a report highlighting the right to a secret ballot and how Internet voting threatens voter privacy. All 50 states recognize ballot secrecy as a core value. Despite this, 32 states and DC are promoting Internet voting, typically for overseas and military voters, and are asking those voters to waive their right to a secret ballot. That threatens voting freedom and election integrity. The report recommends actions voters can take to protect the secrecy of their ballot, and encourages states to do more to safeguard voter privacy. EPIC has a long history of working to protect voter privacy and election integrity.

EPIC Hosts Policy Forum at National Press Club (Jun. 10, 2016) +

EPIC brought together privacy, security, and policy experts for a panel discussion at the National Press Club around the theme “Data Protection 2016.” Panelists explored voter privacy issues, including voter ID and online voting, and also privacy issues that could arise in the 2016 election cycle. Participants included members of the EPIC Advisory Board, representatives of the Brennan Center and Verified Voting, and the UN Rapporteur on the Right to Privacy.

EPIC Launches "Data Protection 2016" to Make Privacy a Campaign Issue (Feb. 7, 2016) +

Noting widespread concern about the state of privacy in America, EPIC has launched "Data Protection 2016," a non-partisan campaign to make data protection an issue in the 2016 election. EPIC President Marc Rotenberg said, "Data breaches, identity theft, and government surveillance are critical issues facing American voters, yet the candidates have said hardly a word." Security expert Bruce Schneier said, "Privacy is a critical issue that touches many aspects of Americans' lives. The Presidential candidates need to have a plan to protect our personal information." DataProtection2016 shows widespread support for stronger privacy protections in the United States. Campaign materials, including buttons and stickers, are available. Donations will support the work of EPIC.

EPIC: Voters Should Be Wary of 2012 Election Apps (Aug. 13, 2012) +

EPIC has released a report, "Smartphones and the 2012 Election," which focuses on the potential risks to voters who download election-related apps to their smartphones and tablets. The report contends that these apps promote greater citizen participation in e-democracy, but also may contain malware, disseminate false information A recent study by the University of Pennsylvania's Annenberg School for Communication revealed that voters are ambivalent about "personalized" political advertising, a practice likely to increase with the number of election and political apps available for download. EPIC's report also examines the role of federal and state regulation in protecting voters and providing guidance to campaigns, and recommends actions that voters, election administrators, and campaigns can take to better protect voter privacy. For more information, see EPIC: Voting Privacy and EPIC: Location Privacy: Apple iPhone / iPad.

EPIC releases 2010 E-Deceptive Campaign Practices Report (Oct. 27, 2010) +

The Electronic Privacy Information Center released the 2010 update to its "E-Deceptive Campaign Practices: Technology and Democracy 2.0" report, first published in 2008. The report reviews the potential for abuse of Internet-based technology in the election context, and makes recommendations on steps that should be taken by Election Administrators, voters, and those involved in Election Protection efforts. E-Deceptive campaigns are internet-based attempts to misdirect targeted voters regarding the voting process, and include false statements about poll place hours, election dates, voter identification rules, or voter eligibility requirements. For more information, see EPIC: Voting.

EPIC's Lillie Coney Appointed to Election Advisory Committee (Dec. 17, 2009) +

House Speaker Nancy Pelosi appointed EPIC Associate Director and leading election reform advocate, Lillie Coney to the Election Assistance Commission (EAC) Board of Advisors. EAC is an independent, bipartisan commission charged with developing guidance to meet Help America Vote Act requirements, adopting voluntary voting system guidelines, and serving as a national clearinghouse of information about election administration. The EAC also accredits testing laboratories and certifies voting systems, as well as audits the use of HAVA funds. Ms. Coney leads EPIC’s voting project and has worked on developing voting technology standards, statewide-centralized voter registration systems with privacy safeguards, and voter identification policy. For more information, see EPIC: Lillie Coney and EPIC’s Voting Privacy Page.

Media

• New Program For a New Threat, POLITCO Morning Cybersecurity (Feb. 15, 2017).
• James Hood, Cyber attacks threaten democracy, EPIC warns, ConsumerAffairs (Feb. 14, 2017).
• Kim Sengupta, Russia accused of launching hacking campaign during UK general election, The Independent (Feb. 14, 2017).
• Nicholas Vinocur, Emmanuel Macron aide blames Russia for hacking attempts, POLITICO EU (Feb. 13, 2017).
• Garry Kasparov, The U.S. doesn’t have a problem with Russia. It has a problem with Vladimir Putin., Washington Post (Jan. 3, 2017)
• Bruce Schneier, U.S. Elections are a mess, even if there's no evidence this one was hacked, Washington Post (Nov. 23, 2016)
• Ronald L. Rivest and Philip Stark, Still time for an election audit: Column, USA Today (Nov. 18, 2016)
• Bruce Schneier, By November, Russian hackers could target voting machines, Washington Post (July 27, 2016)
• Joseph Menn, U.S. election agency breached by hackers after November vote, Reuters (Dec. 15, 2016)
• Hiawatha Bray, Trump, Putin and the hacking of an American election, Boston Globe (July 27, 2016)