EPIC Files Appeals with D.C. Circuit, Seeks Release of ‘Predictive Analytics Report’

EPIC has appealed a federal district court decision for the release of a “Predictive Analytics Report.” The district court backed the Department of Justice when the agency claimed the “presidential communications privilege.” But neither the D.C. Circuit Court of Appeals nor the Supreme Court has…

Government Report: Border Drones Lack Effective Privacy Safeguards

An Inspector General report has found that a federal agency failed to establish privacy safeguards for sensitive drone communications. Custom and Border Control did not complete a privacy threshold analysis and sidestepped review by the agency privacy office. According to the IG report, the CBP…

Election Security Remains Just as Vulnerable as in 2016

The ability to vote for local, state, and federal representatives is the cornerstone of democracy in America. With mid-term congressional elections looming in early November, many voices have raised concerns that the voting infrastructure used by states across the Union might be suspect, unreliable, or…

FOSTA Case Update: Court Dismisses Lawsuit Without Ruling on Whether the Statute is Unconstitutional

A federal court considering a challenge to the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, or FOSTA, dismissed the case on Monday. EFF and partner law firms filed a lawsuit in June against the Justice Department on behalf of two…

Remove the Drone Shoot-Down and Biometric Surveillance Sections From the FAA Act

Congress should not broadly authorize federal agencies to destroy and wiretap private drones, or give its implied endorsement to biometric screening of domestic travelers and U.S. citizens. Congress definitely should not sneak these invasive provisions into a last-minute, must-pass, thousand-page bill. Yet Congress is poised…

Government Report on One Year Anniversary of Equifax Breach Finds No Action by Federal Agencies

The Government Accountability Office released a report on “Actions Taken by Equifax and Federal Agencies in Response to the 2017 Breach.” The GAO report details the Equifax data breach in 2017 that compromised the authenticating details (SSN, Data of Birth) of over one hundred million…

EPIC FOIA: EPIC Obtains Facebook Privacy Documents

In response to an EPIC Freedom of Information Act lawsuit, the Federal Trade Commission has released supplemental materials from the biennial Facebook audits (production 1, production 2, production 3, production 4). The audits were required by the FTC’s 2011 Consent Order with Facebook. The documents…

Court: California Donor Disclosure Requirement Doesn’t Violate First Amendment

A federal appeals court has ruled that a California law requiring nonprofit organizations to provide the state with an annual list of donors and donations does not violate the First Amendment. The Ninth Circuit concluded that the law does not significantly burden the free speech…

New Surveillance Court Orders Show That Even Judges Have Difficulty Understanding and Limiting Government Spying

In the United States, a secret federal surveillance court approves some of the government’s most enormous, opaque spying programs. It is near-impossible for the public to learn details about these programs, but, as it turns out, even the court has trouble, too.  According to new…

Appeals Court Finds Smart Meters Trigger Constitutional Scrutiny, But Data Logging is Reasonable

A federal appeals court has ruled that smart meters perform a “search” under the Fourth Amendment but found that their collection of household energy data is “reasonable.” Smart meters periodically transmit information to public utilities about home energy consumption, which can reveal personal behavior patterns…