Domain: epic.org
Stories and comments across the archive that link to epic.org.
Stories · 168
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Google Helps Government Conduct Warrantless Searches, Alleges EPIC (tomshardware.com)
schwit1 quotes Tom's Hardware: The Electronic Privacy Information Center ("EPIC"), a civil liberties group based in Washington D.C., filed an amicus brief in the United States vs. Wilson case concerning Google scanning billions of users' files for unlawful content and then sending that information to law enforcement agencies.
EPIC alleges that law enforcement is using Google, a private entity, to bypass the Fourth Amendment, which requires due process and probable cause before "searching or seizing" someone's property.
As a private entity, Google doesn't have to abide by the Fourth Amendment as the government has to, so it can do those mass searches on its behalf and then give the government the results. The U.S. government has been increasingly using this strategy to bypass Fourth Amendment protections of U.S. citizens and to expand its warrantless surveillance operations further.
Google and a few other companies have "voluntarily" agreed to use a database of image hashes from the National Center for Missing and Exploited Children (NCMEC) to help the agency find exploited children.
More than that, the companies would also give any information they have on the people who owned those images, given they are users of said companies' services and have shared the images through those services. -
Google Helps Government Conduct Warrantless Searches, Alleges EPIC (tomshardware.com)
schwit1 quotes Tom's Hardware: The Electronic Privacy Information Center ("EPIC"), a civil liberties group based in Washington D.C., filed an amicus brief in the United States vs. Wilson case concerning Google scanning billions of users' files for unlawful content and then sending that information to law enforcement agencies.
EPIC alleges that law enforcement is using Google, a private entity, to bypass the Fourth Amendment, which requires due process and probable cause before "searching or seizing" someone's property.
As a private entity, Google doesn't have to abide by the Fourth Amendment as the government has to, so it can do those mass searches on its behalf and then give the government the results. The U.S. government has been increasingly using this strategy to bypass Fourth Amendment protections of U.S. citizens and to expand its warrantless surveillance operations further.
Google and a few other companies have "voluntarily" agreed to use a database of image hashes from the National Center for Missing and Exploited Children (NCMEC) to help the agency find exploited children.
More than that, the companies would also give any information they have on the people who owned those images, given they are users of said companies' services and have shared the images through those services. -
Advocacy Groups Are Pushing The FTC To Break Up Facebook (theverge.com)
An anonymous reader quotes the Verge: Advocacy groups are calling for Facebook to be broken up as a result of its Cambridge Analytica scandal, subsequent privacy violations, and repeated consumer data breaches. Groups like Open Market Institute, Color of Change, and the Electronic Privacy Information Center wrote to the Federal Trade Commission Thursday requesting a major government intervention into how Facebook operates. The letter outlined several moves the FTC could take, including a multibillion-dollar fine, reforming the company's hiring practices, and most importantly, breaking up one of the most powerful social media companies for abusing its market position...
According to organizations like Open Market Institute and Color of Change, Facebook should be required to give up $2 billion and divest ownership of Instagram and WhatsApp for failing to protect user data on those platforms as well. "Given that Facebook's violations are so numerous in scale, severe in nature, impactful for such a large portion of the American public and central to the company's business model, and given the company's massive size and influence over American consumers," the letter reads, "penalties and remedies that go far beyond the Commission's recent actions are called for." -
The US Considers A Remote Identification System For Drones (engadget.com)
An anonymous reader quotes Engadget: The FAA is still trying to figure out the best way to regulate drones to ensure safety. Last week, a committee tasked with tackling the issue met for the first time, including representatives from Amazon, Ford and NYPD. One of the items discussed was a better way to identify registered drones from the ground since any ID numbers are pretty much invisible while the UAV is airborne...
As Recode notes, Congress is working to restore mandatory registration which would be key to tying a drone to its owner for the purposes of any remote identification... Back in March, [drone manufacturer] DJI proposed what it calls an "electronic identification framework" for all drones that would give authorities in the U.S. information about the owner when necessary. That proposal includes using the radio tech DJI says is already on most drones to transmit details like location and registration number. EPIC (Electronic Privacy Information Center) made a similar recommendation back in January 2016... [T]he FAA committee is scheduled to meet again on July 18th. Any formal recommendations are currently due to the agency by September 30th. -
Watchdog Group Claims Smart Toys Are Spying On Kids (mashable.com)
The Center for Digital Democracy has filed a complaint with the Federal Trade Commission warning of security and privacy holes associated with a pair of smart toys designed for children. Mashable reports: "This complaint concerns toys that spy," reads the complaint, which claims the Genesis Toys' My Friend Cayla and i-QUE Intelligent Robot can record and collect private conversations and offer no limitations on the collection and use of personal information. Both toys use voice recognition, internet connectivity and Bluetooth to engage with children in conversational manner and answer questions. The CDD claims they do all of this in wildly insecure and invasive ways. Both My Friend Cayla and i-QUE use Nuance Communications' voice-recognition platform to listen and respond to queries. On the Genesis Toy site, the manufacturer notes that while "most of Cayla's conversational features can be accessed offline," searching for information may require an internet connection. The promotional video for Cayla encourages children to "ask Cayla almost anything." The dolls work in concert with mobile apps. Some questions can be asked directly, but the toys maintain a constant Bluetooth connection to the dolls so they can also react to actions in the app and even appear to identify objects the child taps on on screen. While some of the questions children ask the dolls are apparently recorded and sent to Nuance's servers for parsing, it's unclear how much of the information is personal in nature. The Genesis Privacy Policy promises to anonymize information. The CDD also claims, however, that My Friend Cayla and i-Que employ Bluetooth in the least secure way possible. Instead of requiring a PIN code to complete pairing between the toy and a smartphone or iPad, "Cayla and i-Que do not employ... authentication mechanisms to establish a Bluetooth connection between the doll and a smartphone or tablet. The dolls do not implement any other security measure to prevent unauthorized Bluetooth pairing." Without a pairing notification on the toy or any authentication strategy, anyone with a Bluetooth device could connect to the toys' open Bluetooth networks, according to the complaint. -
3 Reasons To Hate Mass Surveillance; 3 Ways To Fight It
This site's "Your Rights Online" section, sadly, has never suffered for material. The revelations we've seen over the last year-and-change, though, of widespread spying on U.S. citizens, government spying in the E.U. on international conferences, the UK's use of malware against citizens, and the use of modern technology to oppress government protesters in the middle east and elsewhere shows how persistent it is. It's been a banner year on that front, and the banner says "You are being spied on, online and off." A broad coalition of organizations is calling today "The Day We Fight Back" against the growing culture of heads-they-win, tails-you-lose surveillance, but all involved know this is not a one-day struggle. (Read more, below.) THREE REASONS TO HATE MASS SURVEILLANCE:
1) Because the Internet is nearly everywhere, it means the spying it makes possible has spread to match its footprint. 30 years ago, "on the internet" really was novel, because the public Internet simply wasn't. There were a few big military and academic sites around the world, and the concepts that make today's internet work were already embodied in running systems, but there was little reason for individuals to care about privacy invasion, or having their systems crippled by government malware, because their systems and their privacy weren't at issue. There wasn't a World Wide Web as a portal to nearly every resource online, no "Cloud," and no Blue Coat. Now, not only can individuals get on the internet, but the meaning of that phrase has moved, fast, over the last decade: now, getting on the internet is just a fact of modern life, a banal, automated background fact of the way we stay in touch with friends, deal with bills, find entertainment, get directions, and work. Online surveillance of all the signals we emit and receive (over home internet links, over cellular networks, on landline telephones, even on postcards) might be minimized and waved away as the collection of "mere" metadata, but in reality, if you're reading these words online, and even if you're doing your best to read them anonymously, it means you've almost certainly got a collection of data about you online already.
2) Because "online surveillance" is a slippery slope, and it will only get slipperier. Remember the Clipper chip's hardware-based encryption escrow scheme? Who and how often you email, chat with online, or call on the phone is the tip of the iceberg. Robert Bork didn't like having his video watching habits spied on, and that was before Netflix and competitors made the sorting and stacking of movie-watching habits not only possible but an never-ending exercise in deep data analysis. Maybe you don't care in particular about what the NSA, FBI, or anyone else thinks of your taste in entertainment, but you might prefer them to stay out not only of the information revealed by your current online activity, but also out of whatever things are revealed by future developments. Right now, a relatively small part of the online population uses crypto-currency like Bitcoin; a decade from now, it seems likely to be even more widespread than Netflix is today. Do you want your transactions to be public record, or even public-servant record? Beyond that, the era of ubiquitous, automated surveillance doesn't need you to mail an angry letter, or declare allegiance to an unpopular cause online: Just walking around means sooner rather than later you're likely to be captured on camera.
Access to your medical records almost certainly will be online, too, even more than it already is. Online and offline lives will only get blurrier: Your GPS (and increasingly, that means your phone, too) knows where you've been, and your should-be-private Google Maps page knows where you might have considered going. (Couple that with the cavalier attitude that dominates rules about data that you carry in your phone, laptop or USB data sticks, if you cross, or even come near, the U.S. border.) Think about the meta-data (or what the government might characterize that way) that your reading and viewing habits, your prescription medicine needs, your airline tickets, and your Amazon wishlist could reveal, and whether you'd want everyone's digital dossier to be up for ad-hoc scrutiny in 10 years any more than it already is. You don't want the equivalent of the TSA viewing rooms (for your own good, of course) attached to every stream of online communication.
3) Because you're paying for it. How much you're paying is hard to say, because of black budgets, overlapping programs, and the sheer number of systems that are or could be used to make widespread surveillance the new normal, but the mystery price tag starts out high. If you're an American, or an EU citizen, at least you can be grateful that you're likely only being spied on, rather than actively harmed in other ways; in other countries, the outcome can be far grimmer. How much do you want to pay to build an infrastructure for constantly surveilling yourself, your friends, and your family? Especially one that fails so miserably at even its stated aims?
THREE WAYS TO FIGHT IT:
The good news is, while you can't stop the entire octopus, you're not required to be a full-time victim of online surveillance or the offline surveillance that it seems to normalize. Instead, you can take some simple steps that at least fog the glass a bit. Readers will no doubt suggest better technologies and practices, but here's a short list to start with:
1) Encryption, more often and in more contexts. Encrypted hard drives are now easy to buy off the shelf, or to implement with software per-user. Use encryption when it makes sense, for documents, emails, file systems, or browsing; the more you do, the more normal this becomes — if it's perfectly normal to carry data encrypted, no matter how innocuous, it's hard for merely possessing encrypted data to be vilified. TrueCrypt might not be impregnable, but neither are the opaque envelopes you might put in a physical mailbox: making it harder to spy on you even in small ways beats indifference. Good news: not every layer of security takes much effort for you to take advantage of: Mozilla's move to HTTPS Everywhere is an example, as is the option that many OSes are embracing to offer the user full-disk or per-directory encryption.
2) Avoid standing in front of the biggest targets. If you don't yet, use an operating system like Linux or one of the modern BSDs, at least part of the time. The SCADA vulnerabilities exploited to cripple a key part of Iran's nuclear program exploited a well-known hole in a widespread operating system, and the same can be said of many attacks blandly characterized as "Advanced Persistent Threats." Even a cheap, adjunct laptop running an up-to-date Linux or OpenBSD could make you safer for some tasks online; cheaper yet, you can run an entire Linux system from a USB drive, and yank it when you're through. That doesn't stop a mid-stream listener (which is a very hard problem), but a compartmentalized system like that means you can do your online banking or anything else and be less vulnerable to common malware. (Besides, it's fun!)
3) Tell companies, politicians (for instance, by voting for or against), and the people around you, that you object to being spied on. You can't prevent malicious individuals, governments, (or Google, or Yelp, or your Facebook friends) from looking at some of the data that you emit; you might feel perfectly satisfied with lots of the transactions you take part in freely. But you can minimize the worst consequences by being mindful of what you do or don't mind putting out there, and spreading the word when you find abuses of trust that compromise your privacy.
Online spying didn't pop into existence with Edward Snowden's revelations about mass data gathering by the NSA on U.S. citizens. For Americans, having our communications tapped by government agents (even if by a government that has remained far more benign than have many others) extends as long as the history of the country; likewise for Europeans and others all over the world. It's much easier, now, though, for those agents to put an ear to your wall or an eye on your correspondence than it's ever been before. For those in many countries, taking practical steps to reduce your exposure is a sensible move for more than just aesthetic or philosophical reasons, though, and luckily the range of options for preserving privacy and private communications have advanced right along with the growth of the technologies that threaten them. -
Google's Punishment? Lecture Those They Snooped On
theodp writes "When Aaron Swartz tapped into MIT's network and scooped up data from one non-profit company, the U.S. Attorney threatened him with 35 years in prison and a $1 million fine. So what kind of jail time did 38 Attorneys General threaten Google with for using its Street View cars to scoop up passwords, e-mail and other personal information by tapping into the networks of their states' unsuspecting citizens? None. In agreeing to settle the case, the NY Times reports, Google is required to police its own employees on privacy issues, lecture the public on how to fend off privacy violations like the one Google perpetrated, and forfeit about 20% of one day's net income. Given the chance, one imagines that Aaron Swartz would have happily jumped at a comparable deal." The fine being $7 million. At least EPIC isn't as cynical and thinks the outcome was positive. -
RSA: Learn About the International Association of Privacy Professionals (Video)
Today's video is an interview with the Corporate Alliance Director and the Chief Technology Officer of the International Association of Privacy Professionals (IAPP), a non-profit organization that claims it is "...the largest and most comprehensive global information privacy community and resource, helping practitioners develop and advance their careers and organizations manage and protect their data." In other words, it's not the same as the much-beloved Electronic Privacy Information Center (EPIC), but is -- as its name implies -- a group of people engaged in privacy protection as part of their work or whose work is about privacy full-time, which seems to be the case for more and more IT and Web people lately, what with HIPAA and other privacy-oriented regulations. This is a growing field, well worth learning more about. -
Privacy Watchdogs Want Facebook, Datalogix Deal Probed
Nerval's Lobster writes "The Electronic Privacy Information Center (EPIC) and the Center for Digital Democracy (CDD) want the Federal Trade Commission (FTC) to examine the new alliance between Facebook and Datalogix. According to the Financial Times, Facebook and Datalogix have teamed up to measure the effects of some 45 marketing campaigns so far, with the two companies matching consumer information from loyalty-card programs to the identifiers (such as email addresses) used to set up Facebook accounts. Combining those datasets could offer insight into whether consumers are actually heading out and buying certain products or services advertised on Facebook. While the two companies apparently strip personal information from the datasets, EPIC and CDD nonetheless have significant concerns over how that data is handled, and by whom. 'Facebook is matching the personal information of users with personal information held by Datalogix,' EPIC wrote in a Sept. 27 posting on its website, hinting that such a deal could violate the social network's previous agreement with the FTC prohibiting it 'from changing privacy settings without the affirmative consent of users or misrepresenting the privacy or security of users' personal information.'" -
Appeals Court Caves To TSA Over Nude Body Scanners
OverTheGeicoE writes "The Electronic Privacy Information Center (EPIC) recently filed a petition to force the Department of Homeland Security to start its public comment period on body scanners within 60 days or stop using them entirely. The Court of Appeals for the District of Columbia has issued its ruling (PDF), and has refused EPIC's petition. DHS told the court earlier that it expected to have a formal rule proposal on body scanners by the end of February, so the court denied EPIC's motion on the expectation that public comment period would start by late March. TFA and this submission have a pessimistic headline on this ruling, but other sources seem to think the glass is half-full, and that EPIC in effect got what it wanted. Is this a victory or a defeat? Will the rulemaking process start on time, or will a TSA dog eat the proposed rule in late March and force further delay?" -
White House Pulls Down TSA Petition
Jeremiah Cornelius writes with a note that on Thursday of this week "The Electronic Privacy Information Center posted a brief and detailed notice about the removal of a petition regarding security screenings by the TSA at US airports and other locations. 'At approximately 11:30 am EDT, the White House removed a petition about the TSA airport screening procedures from the White House 'We the People' website. About 22,500 of the 25,000 signatures necessary for a response from the Administration were obtained when the White House unexpectedly cut short the time period for the petition. The site also went down for 'maintenance' following an article in Wired that sought support for the campaign." -
Federal Appeals Court Orders TSA To Explain Delay In Body Scan Public Hearing
New submitter rhsanborn writes "One year ago the District of Columbia Court of Appeals ordered the TSA to hold public comment on the use body scanners in EPIC vs. DHS. The order has been ignored prompting a WhiteHouse.gov petition asking for the Obama Administration's response. One year later, Wired reports, the court has ordered the TSA to explain why it hasn't responded to its original order (PDF). The TSA has until August 30th to respond." -
EPIC Files Motion About Ignored Body Scanner Ruling
OverTheGeicoE writes "The Electronic Privacy Information Center filed a motion in court yesterday regarding the court's ignored year-old ruling on EPIC vs. DHS. EPIC is asking the court to require DHS to start taking public comment within 60 days or, as an alternative, forbid DHS from using body scanners in primary airport screening altogether. If the court orders the latter, that would give EPIC what it originally sought in its lawsuit. Meanwhile, for what it's worth, the related petition on whitehouse.gov has a little more than half the signatures it needs to get an official 'response.' The signing period ends on August 9." -
DHS Still Stonewalling On Body Scanning Ruling One Year Later
OverTheGeicoE writes "About a year ago, the District of Columbia Circuit Court of Appeals ruled on EPIC v. DHS, a lawsuit that sought to end TSA's use of body scanners. The Court found that DHS violated federal law by not seeking public comment before using body scanners as a primary search method. They ordered TSA to take public comment on its body scanning policy but did not require TSA to suspend its use of the scanners during the comment period. Several months later nothing had been done yet. One year later TSA has still done nothing, and even EPIC, the original plaintiff, seems to have given up. Others have apparently picked up the torch, however. Jim Harper, director of information policy studies at the libertarian think tank the Cato Institute, has posted a piece on Ars Technica about TSA's violation of the court order. He also started a petition on Whitehouse.gov asking TSA to comply with the order. An earlier petition ended with a non-response from TSA Administrator John Pistole. Will the latest petition fare any better, even in an election year?" -
Executive Order Grants US Gov't New Powers Over Communication Systems
An anonymous reader writes "President Obama has issued a new executive order: 'Assignment of National Security and Emergency Preparedness Communications Functions.' EPIC reports: 'The Executive Order grants new powers to the Department of Homeland Security, including the ability to collect certain public communications information. Under the Executive Order the White House has also granted the Department the authority to seize private facilities when necessary, effectively shutting down or limiting civilian communications.' A few key excerpts from the exec order: 'The views of all levels of government, the private and nonprofit sectors, and the public must inform the development of national security and emergency preparedness (NS/EP) [National Security/Emergency Preparedness] communications policies, programs, and capabilities. ... Sec. 5.2. The Secretary of Homeland Security shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications, including: communications that support Continuity of Government; Federal, State, local, territorial, and tribal emergency preparedness and response communications; non-military executive branch communications systems; critical infrastructure protection networks; and non-military communications networks, particularly with respect to prioritization and restoration; .... (e) satisfy priority communications requirements through the use of commercial, Government, and privately owned communications resources, when appropriate." -
FBI: We Need Wiretap-Ready Web Sites — Now
TheGift73 writes with news that the FBI is pushing a proposal to update old wiretap legislation so that modern web firms would be forced to build in backdoors to facilitate government surveillance. Quoting CNET: "In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities, CNET has learned. The FBI general counsel's office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly. ... The FBI's proposal would amend a 1994 law, called the Communications Assistance for Law Enforcement Act, or CALEA, that currently applies only to telecommunications providers, not Web companies. The Federal Communications Commission extended CALEA in 2004 to apply to broadband networks." -
What The DHS Is Looking For In Your Posts
New submitter lister king of smeg writes "As we all know The Department of Homeland Security monitors social networks,in an attempt to expose 'Items Of Interest.' As it turns out many terms including seemingly benign words such as flu, agent, response, cops drill, etc are on the list of words that set off warning bells for the government spooks. Many of the terms make sense ..., but there are some real stupid ones on the list to like 'social network' ... [according to a] list of key words provided to a DHS contractor that were released by EPIC." -
DHS Budget Includes No New Airport Body Scanners
OverTheGeicoE writes "The Electronic Privacy Information Center has been examining the White House's proposed budget for Department of Homeland Security for 2013, and they point out that it doesn't include any money for additional airport body scanners for TSA. Did the recent scandal involving TSA workers targeting women for scans make the White House realize that TSA is a national embarrassment? Does the executive branch finally understand the questionable safety and effectiveness of these devices? Or does DHS just think it has enough scanners once TSA installs the 250 new scanners in this year's budget?" -
DHS Monitors Social Media For 'Political Dissent'
OverTheGeicoE writes "Recently, TSA's 'Blogger Bob' Burns posted a rant against a cupcake on the TSA blog. Perhaps it made you wonder if TSA and its parent agency, the Department of Homeland Security, really understand what we're saying about them, especially online. Well, thanks to a Freedom of Information Act lawsuit from the Electronic Privacy Information Center, we now know a lot more about how they monitor online comments aside from 'Blogger Bob.' EPIC has received hundreds of pages of documents regarding DHS's online surveillance program. These documents reveal that DHS has contracts with General Dynamics for '24/7 media and social network monitoring.' Perhaps it will warm your heart to know that DHS is particularly interested in tracking media stories that 'reflect adversely' on the U.S. government generally and DHS specifically. The documents include a report summary that might be representative of General Dynamics' work. The example includes summaries of comments on blogs and social networking sites, including quotes. Then again, you might remember J. Edgar Hoover's monitoring of antiwar activists during the Vietnam War, which certainly wasn't for the protesters' benefit." -
DHS Monitors Social Media For 'Political Dissent'
OverTheGeicoE writes "Recently, TSA's 'Blogger Bob' Burns posted a rant against a cupcake on the TSA blog. Perhaps it made you wonder if TSA and its parent agency, the Department of Homeland Security, really understand what we're saying about them, especially online. Well, thanks to a Freedom of Information Act lawsuit from the Electronic Privacy Information Center, we now know a lot more about how they monitor online comments aside from 'Blogger Bob.' EPIC has received hundreds of pages of documents regarding DHS's online surveillance program. These documents reveal that DHS has contracts with General Dynamics for '24/7 media and social network monitoring.' Perhaps it will warm your heart to know that DHS is particularly interested in tracking media stories that 'reflect adversely' on the U.S. government generally and DHS specifically. The documents include a report summary that might be representative of General Dynamics' work. The example includes summaries of comments on blogs and social networking sites, including quotes. Then again, you might remember J. Edgar Hoover's monitoring of antiwar activists during the Vietnam War, which certainly wasn't for the protesters' benefit." -
Facebook Responds to EPIC FTC Timeline Complaint
An anonymous reader writes with a snippet from a ZDNet article: "The Electronic Privacy Information Center is unhappy with the way Facebook launched its new Timeline profile. Last month, the privacy organization complained Facebook went too far because it started rolling out the redesign without asking users first. EPIC then followed up with a (four-page letter (PDF) to the Federal Trade Commission asking it to investigate the new feature to insure that it meets with the terms of a November 29th FTC-Facebook settlement. Facebook denies these claims, saying that the Timeline launch has nothing to do with its users' privacy." -
DHS Stonewalls On Public Comment About Body Scanners
OverTheGeicoE writes "On Saturday, the Electronic Privacy Information Center announced that they filed papers in the U.S. Court of Appeals for the DC Circuit to get the Department of Homeland Security to start its public comment process. In July the court ordered DHS to take public comment on airport body scanning, in accordance with federal law. The court allowed DHS and TSA to continue using scanners during the comment period. According to EPIC's filing the ruling against DHS became final on September 21 after EPIC's motion for a rehearing was denied. Since then, DHS has done nothing to comply with the order. EPIC wants DHS to release details for their public comment period process within 45 days. DHS is no stranger to the kind of notice and comment rulemaking that is being required of them. Earlier public comment on their Large Aircraft Security Program (LASP), which would have required draconian security on aircraft 10% of the size of a Boeing 737, did not go so well. They received 7400 comments 'vehemently opposed' to LASP in 2008 and 2009 and are still reworking the plan in response to the comments received." -
DHS Stonewalls On Public Comment About Body Scanners
OverTheGeicoE writes "On Saturday, the Electronic Privacy Information Center announced that they filed papers in the U.S. Court of Appeals for the DC Circuit to get the Department of Homeland Security to start its public comment process. In July the court ordered DHS to take public comment on airport body scanning, in accordance with federal law. The court allowed DHS and TSA to continue using scanners during the comment period. According to EPIC's filing the ruling against DHS became final on September 21 after EPIC's motion for a rehearing was denied. Since then, DHS has done nothing to comply with the order. EPIC wants DHS to release details for their public comment period process within 45 days. DHS is no stranger to the kind of notice and comment rulemaking that is being required of them. Earlier public comment on their Large Aircraft Security Program (LASP), which would have required draconian security on aircraft 10% of the size of a Boeing 737, did not go so well. They received 7400 comments 'vehemently opposed' to LASP in 2008 and 2009 and are still reworking the plan in response to the comments received." -
DHS Stonewalls On Public Comment About Body Scanners
OverTheGeicoE writes "On Saturday, the Electronic Privacy Information Center announced that they filed papers in the U.S. Court of Appeals for the DC Circuit to get the Department of Homeland Security to start its public comment process. In July the court ordered DHS to take public comment on airport body scanning, in accordance with federal law. The court allowed DHS and TSA to continue using scanners during the comment period. According to EPIC's filing the ruling against DHS became final on September 21 after EPIC's motion for a rehearing was denied. Since then, DHS has done nothing to comply with the order. EPIC wants DHS to release details for their public comment period process within 45 days. DHS is no stranger to the kind of notice and comment rulemaking that is being required of them. Earlier public comment on their Large Aircraft Security Program (LASP), which would have required draconian security on aircraft 10% of the size of a Boeing 737, did not go so well. They received 7400 comments 'vehemently opposed' to LASP in 2008 and 2009 and are still reworking the plan in response to the comments received." -
DHS Goes Ahead With 'Pre-Crime' Detection Project
suraj.sun tips news that the U.S. Department of Homeland Security has begun testing its project to predict future crimes on members of the public. The Future Attribute Screening Technology (FAST) project is "designed to track and monitor, among other inputs, body movements, voice pitch changes, prosody changes (alterations in the rhythm and intonation of speech), eye movements, body heat changes, and breathing patterns." A field test was performed at a large venue earlier this year, and documents recently obtained through a Freedom of Information Act request indicate that testing is proceeding on other members of the public as well. "It's not clear whether these people were informed that they're participating in a FAST study." -
Court Denies EPIC's Rehearing Request, Awards Fees
OverTheGeicoE writes "The Electronic Privacy Information Center posted a news release about the DC Circuit Court awarding them attorneys fees yesterday. They are to receive $21,482 in attorneys fees for an open government lawsuit against DHS that ultimately released documents about DHS's airport body scanner program. EPIC used these released documents in EPIC v. DHS, another lawsuit that attempts to end the use of airport body scanners. At the end of an e-mailed version of this news release (EPIC Alert 18.18, not yet posted on the Web), EPIC states that 'EPIC requested an en banc review of the court's decision not to suspend, but, on September 12, 2011, the court declined the request.' Is this the end of EPIC v. DHS, or does this simply open the door for an appeal to the Supreme Court?" The complete ruling (PDF) is available. -
Court Denies EPIC's Rehearing Request, Awards Fees
OverTheGeicoE writes "The Electronic Privacy Information Center posted a news release about the DC Circuit Court awarding them attorneys fees yesterday. They are to receive $21,482 in attorneys fees for an open government lawsuit against DHS that ultimately released documents about DHS's airport body scanner program. EPIC used these released documents in EPIC v. DHS, another lawsuit that attempts to end the use of airport body scanners. At the end of an e-mailed version of this news release (EPIC Alert 18.18, not yet posted on the Web), EPIC states that 'EPIC requested an en banc review of the court's decision not to suspend, but, on September 12, 2011, the court declined the request.' Is this the end of EPIC v. DHS, or does this simply open the door for an appeal to the Supreme Court?" The complete ruling (PDF) is available. -
Court Denies EPIC's Rehearing Request, Awards Fees
OverTheGeicoE writes "The Electronic Privacy Information Center posted a news release about the DC Circuit Court awarding them attorneys fees yesterday. They are to receive $21,482 in attorneys fees for an open government lawsuit against DHS that ultimately released documents about DHS's airport body scanner program. EPIC used these released documents in EPIC v. DHS, another lawsuit that attempts to end the use of airport body scanners. At the end of an e-mailed version of this news release (EPIC Alert 18.18, not yet posted on the Web), EPIC states that 'EPIC requested an en banc review of the court's decision not to suspend, but, on September 12, 2011, the court declined the request.' Is this the end of EPIC v. DHS, or does this simply open the door for an appeal to the Supreme Court?" The complete ruling (PDF) is available. -
EPIC Uncovers: Mobile Scanners Not 'Certified People Scanners'
OverTheGeicoE writes "The Electronic Privacy Information Center received more FOIA documents from the U.S. Department of Homeland Security regarding mobile x-ray scanners (a.k.a. Z Backscatter Vans). We've discussed these devices before. Perhaps the most interesting part is slide #11 ('Disclaimer About Scanning People') on page 6 of this PDF explaining that the radiation output of these devices is too high to comply with ANSI N43.17. In other words, they output too much radiation even by TSA's questionable standards for airport body scanners. Regardless, the slide ends with the author stating that the ANSI standard 'is not applicable to covert operations.' What might that assertion have meant to the presentation's intended audience?" -
EPIC Uncovers: Mobile Scanners Not 'Certified People Scanners'
OverTheGeicoE writes "The Electronic Privacy Information Center received more FOIA documents from the U.S. Department of Homeland Security regarding mobile x-ray scanners (a.k.a. Z Backscatter Vans). We've discussed these devices before. Perhaps the most interesting part is slide #11 ('Disclaimer About Scanning People') on page 6 of this PDF explaining that the radiation output of these devices is too high to comply with ANSI N43.17. In other words, they output too much radiation even by TSA's questionable standards for airport body scanners. Regardless, the slide ends with the author stating that the ANSI standard 'is not applicable to covert operations.' What might that assertion have meant to the presentation's intended audience?" -
EPIC Uncovers: Mobile Scanners Not 'Certified People Scanners'
OverTheGeicoE writes "The Electronic Privacy Information Center received more FOIA documents from the U.S. Department of Homeland Security regarding mobile x-ray scanners (a.k.a. Z Backscatter Vans). We've discussed these devices before. Perhaps the most interesting part is slide #11 ('Disclaimer About Scanning People') on page 6 of this PDF explaining that the radiation output of these devices is too high to comply with ANSI N43.17. In other words, they output too much radiation even by TSA's questionable standards for airport body scanners. Regardless, the slide ends with the author stating that the ANSI standard 'is not applicable to covert operations.' What might that assertion have meant to the presentation's intended audience?" -
EPIC Files For Rehearing In Body Scanner Case
OverTheGeicoE writes "The Electronic Privacy Information Center has filed for a rehearing in their case against DHS regarding airport body scanners. In their latest court filing (PDF), EPIC argues that last month's ruling requiring a public comment period but no other changes was based on incorrect information. From TFA: '"The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect "liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are "engaged in law enforcement activity," contrary to the TSA's own regulations.' Note that this is a request for a rehearing with the same court that rejected their request to stop TSA's use of body scanners. It is not an appeal to a higher court. Is EPIC likely to obtain a more favorable ruling from the same court?" -
EPIC Files For Rehearing In Body Scanner Case
OverTheGeicoE writes "The Electronic Privacy Information Center has filed for a rehearing in their case against DHS regarding airport body scanners. In their latest court filing (PDF), EPIC argues that last month's ruling requiring a public comment period but no other changes was based on incorrect information. From TFA: '"The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect "liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are "engaged in law enforcement activity," contrary to the TSA's own regulations.' Note that this is a request for a rehearing with the same court that rejected their request to stop TSA's use of body scanners. It is not an appeal to a higher court. Is EPIC likely to obtain a more favorable ruling from the same court?" -
EPIC Files For Rehearing In Body Scanner Case
OverTheGeicoE writes "The Electronic Privacy Information Center has filed for a rehearing in their case against DHS regarding airport body scanners. In their latest court filing (PDF), EPIC argues that last month's ruling requiring a public comment period but no other changes was based on incorrect information. From TFA: '"The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect "liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are "engaged in law enforcement activity," contrary to the TSA's own regulations.' Note that this is a request for a rehearing with the same court that rejected their request to stop TSA's use of body scanners. It is not an appeal to a higher court. Is EPIC likely to obtain a more favorable ruling from the same court?" -
DHS Tries To Hide Mobile Scanner Details
OverTheGeicoE writes "The Electronic Privacy Information Center filed a Freedom of Information Act request last year (PDF) with the US Department of Homeland Security, whose Transportation Security Administration has been investigating the use of x-ray scanning technology for covert use in more public places, like train stations and even ordinary city streets. TSA has tested interesting devices like the Z Backscatter Vans both privately and on members of the general public. EPIC recently received new documents from DHS. Some of the documents are almost completely black from redactions." -
DHS Tries To Hide Mobile Scanner Details
OverTheGeicoE writes "The Electronic Privacy Information Center filed a Freedom of Information Act request last year (PDF) with the US Department of Homeland Security, whose Transportation Security Administration has been investigating the use of x-ray scanning technology for covert use in more public places, like train stations and even ordinary city streets. TSA has tested interesting devices like the Z Backscatter Vans both privately and on members of the general public. EPIC recently received new documents from DHS. Some of the documents are almost completely black from redactions." -
DHS Tries To Hide Mobile Scanner Details
OverTheGeicoE writes "The Electronic Privacy Information Center filed a Freedom of Information Act request last year (PDF) with the US Department of Homeland Security, whose Transportation Security Administration has been investigating the use of x-ray scanning technology for covert use in more public places, like train stations and even ordinary city streets. TSA has tested interesting devices like the Z Backscatter Vans both privately and on members of the general public. EPIC recently received new documents from DHS. Some of the documents are almost completely black from redactions." -
Court Approves TSA Body Scans, But Calls For Public Comment
OverTheGeicoE writes "The District of Columbia Circuit Court of Appeals has finally issued a ruling (PDF) on EPIC v. DHS, a lawsuit seeking suspension of the use of body scanners for primary screening pending an independent review that would include a public comment period. According to the summary, the court 'grant[s] the petition for review' but 'due to the obvious need for the TSA to continue its airport security operations without interruption, we remand the rule to the TSA but do not vacate it.' In short, the TSA is required to open up their policy for public comment, but they can continue to use the scanners in the meantime and most likely afterward. This doesn't sound like much of a victory for EPIC or the U.S. public." -
Court Approves TSA Body Scans, But Calls For Public Comment
OverTheGeicoE writes "The District of Columbia Circuit Court of Appeals has finally issued a ruling (PDF) on EPIC v. DHS, a lawsuit seeking suspension of the use of body scanners for primary screening pending an independent review that would include a public comment period. According to the summary, the court 'grant[s] the petition for review' but 'due to the obvious need for the TSA to continue its airport security operations without interruption, we remand the rule to the TSA but do not vacate it.' In short, the TSA is required to open up their policy for public comment, but they can continue to use the scanners in the meantime and most likely afterward. This doesn't sound like much of a victory for EPIC or the U.S. public." -
Judge Says You Can't Know If Google Spies For NSA
witherstaff writes "A federal judge has ordered that whether Google is spying for the National Security Agency or not, you have no right to know. EPIC, which brought the lawsuit, says the NSA can neither confirm nor deny any relationship with Google. EPIC is worried the 'NSA is developing technical standards that would enable greater surveillance of Internet users.'" -
Cancer Cluster Possibly Found Among TSA Workers
OverTheGeicoE writes "TSA employees at Logan International Airport believe they have identified a cancer cluster in their ranks, according to documents obtained under the Freedom of Information Act and released by the Electronic Privacy Information Center. They have requested dosimetry to counter 'TSA's improperly non-monitored radiation threat.' So far, at least, they have not received it. The documents also reveal a paper from Johns Hopkins that essentially questions whether it is even safe to stand near an operating scanner, let alone inside one. Also, the National Institute of Standards and Technology says that the Dept. of Homeland Security 'mischaracterized' their work by telling USA Today that NIST affirmed the safety of the scanners when in fact NIST does not do product safety testing and never tested a scanner for safety." -
Cancer Cluster Possibly Found Among TSA Workers
OverTheGeicoE writes "TSA employees at Logan International Airport believe they have identified a cancer cluster in their ranks, according to documents obtained under the Freedom of Information Act and released by the Electronic Privacy Information Center. They have requested dosimetry to counter 'TSA's improperly non-monitored radiation threat.' So far, at least, they have not received it. The documents also reveal a paper from Johns Hopkins that essentially questions whether it is even safe to stand near an operating scanner, let alone inside one. Also, the National Institute of Standards and Technology says that the Dept. of Homeland Security 'mischaracterized' their work by telling USA Today that NIST affirmed the safety of the scanners when in fact NIST does not do product safety testing and never tested a scanner for safety." -
Cancer Cluster Possibly Found Among TSA Workers
OverTheGeicoE writes "TSA employees at Logan International Airport believe they have identified a cancer cluster in their ranks, according to documents obtained under the Freedom of Information Act and released by the Electronic Privacy Information Center. They have requested dosimetry to counter 'TSA's improperly non-monitored radiation threat.' So far, at least, they have not received it. The documents also reveal a paper from Johns Hopkins that essentially questions whether it is even safe to stand near an operating scanner, let alone inside one. Also, the National Institute of Standards and Technology says that the Dept. of Homeland Security 'mischaracterized' their work by telling USA Today that NIST affirmed the safety of the scanners when in fact NIST does not do product safety testing and never tested a scanner for safety." -
Cancer Cluster Possibly Found Among TSA Workers
OverTheGeicoE writes "TSA employees at Logan International Airport believe they have identified a cancer cluster in their ranks, according to documents obtained under the Freedom of Information Act and released by the Electronic Privacy Information Center. They have requested dosimetry to counter 'TSA's improperly non-monitored radiation threat.' So far, at least, they have not received it. The documents also reveal a paper from Johns Hopkins that essentially questions whether it is even safe to stand near an operating scanner, let alone inside one. Also, the National Institute of Standards and Technology says that the Dept. of Homeland Security 'mischaracterized' their work by telling USA Today that NIST affirmed the safety of the scanners when in fact NIST does not do product safety testing and never tested a scanner for safety." -
Cancer Cluster Possibly Found Among TSA Workers
OverTheGeicoE writes "TSA employees at Logan International Airport believe they have identified a cancer cluster in their ranks, according to documents obtained under the Freedom of Information Act and released by the Electronic Privacy Information Center. They have requested dosimetry to counter 'TSA's improperly non-monitored radiation threat.' So far, at least, they have not received it. The documents also reveal a paper from Johns Hopkins that essentially questions whether it is even safe to stand near an operating scanner, let alone inside one. Also, the National Institute of Standards and Technology says that the Dept. of Homeland Security 'mischaracterized' their work by telling USA Today that NIST affirmed the safety of the scanners when in fact NIST does not do product safety testing and never tested a scanner for safety." -
Cancer Cluster Possibly Found Among TSA Workers
OverTheGeicoE writes "TSA employees at Logan International Airport believe they have identified a cancer cluster in their ranks, according to documents obtained under the Freedom of Information Act and released by the Electronic Privacy Information Center. They have requested dosimetry to counter 'TSA's improperly non-monitored radiation threat.' So far, at least, they have not received it. The documents also reveal a paper from Johns Hopkins that essentially questions whether it is even safe to stand near an operating scanner, let alone inside one. Also, the National Institute of Standards and Technology says that the Dept. of Homeland Security 'mischaracterized' their work by telling USA Today that NIST affirmed the safety of the scanners when in fact NIST does not do product safety testing and never tested a scanner for safety." -
US Congress Tries To Cut Body Scanner Funding
OverTheGeicoE writes "The Electronic Privacy Information Center reports that the US House of Representatives is trying to cut funding for new airport body scanners from next year's budget. This would prevent the TSA from installing 275 new scanners in airports in FY 2012, at a cost of $76 million." -
DHS Eyes Covert Body Scans
CWmike writes "Documents obtained by the Electronic Privacy Information Center (EPIC) suggest that the US Department of Homeland Security has signed contracts for the development of mobile and static systems that can be used scan pedestrians and people at rail and bus stations and special event venues — apparently at times without their knowledge. Under consideration: An Intelligent Pedestrian Surveillance platform; an X-Ray Backscatter system that could detect concealed metallic and high-density plastic objects on people from up to 10 meters away; a walk-through x-ray screening system that could be deployed at entrances to special events or other points of interest, which could be installed in corridors and likely scan people walking through it without them knowing it, EPIC said." -
EPIC Files Lawsuit To Suspend Airport Body Scanner Use
nacturation writes "The Electronic Privacy Information Center filed a petition for review and motion for an emergency stay, urging the District of Columbia Court of Appeals to suspend the Transportation Security Administration's full body scanner program. EPIC said that the program is 'unlawful, invasive, and ineffective' (PDF). EPIC argued that the federal agency has violated the Administrative Procedures Act, the Privacy Act, the Religious Freedom Restoration Act, and the Fourth Amendment. EPIC cited the invasive nature of the devices, the TSA's disregard of public opinion, and the impact on religious freedom." -
EPIC Files Lawsuit To Suspend Airport Body Scanner Use
nacturation writes "The Electronic Privacy Information Center filed a petition for review and motion for an emergency stay, urging the District of Columbia Court of Appeals to suspend the Transportation Security Administration's full body scanner program. EPIC said that the program is 'unlawful, invasive, and ineffective' (PDF). EPIC argued that the federal agency has violated the Administrative Procedures Act, the Privacy Act, the Religious Freedom Restoration Act, and the Fourth Amendment. EPIC cited the invasive nature of the devices, the TSA's disregard of public opinion, and the impact on religious freedom."