EPIC Alert 19.18
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E P I C A l e r t
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Volume 19.18 September 28, 2012
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Published by the
Electronic Privacy Information Center (EPIC)
Washington, D.C.
http://www.epic.org/alert/epic_alert_19.18.html
"Defend Privacy. Support EPIC."
http://epic.org/donate
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Table of Contents
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[1] Courts Award EPIC Fees and Set Deadline for Body Scanner Rulemaking
[2] EPIC Urges Supreme Court to Uphold Review
of Wiretapping Programs
[3] Facebook Ceases Facial Recognition in EU
[4] Senate Leaves Internet Privacy Law Intact
[5] DHS Releases
2012 Privacy Report
[6] News in Brief
[7] EPIC in the News
[8] Book Review: 'Some Remarks: Essays and Other Writing'
[9] Upcoming
Conferences and Events
TAKE ACTION: September 28 is "International Right to Know" Day!
ADVOCATE FOIA Rights: http://epic.org/redirect/092812-foiamaterial.html
WATCH the FOIA Day Video: http://epic.org/redirect/092812-foiavid.html
LEARN about Global Info Rights: http://www.foiadvocates.net/en/mapping
SUPPORT EPIC: http://epic.org/donate
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[1] Courts Award EPIC Fees and Set Deadline for Body Scanner
Rulemaking
========================================================================
EPIC has obtained decisions in two federal court
cases concerning
the controversial body scanner program.
A federal district court has ruled that EPIC "substantially prevailed"
in a Freedom of Information Act lawsuit that resulted in the disclosure
of information about the agency's plan to deploy body scanners at bus
and train stations,
sporting events, and other public venues. EPIC also
obtained documents detailing the development of body scanner technology
that
would be deployed in roving, so-called "Z-Backscatter" vans.
As a result EPIC is entitled to attorneys' fees and costs.
Because
EPIC was successful in obtaining documents, the court found
that EPIC had "substantially prevailed" in the FOIA lawsuit and that
"EPIC has demonstrated a public benefit arising from the disclosed
records." EPIC has several related FOIA lawsuits concerning
new systems
of mass surveillance.
The Court of Appeals for the DC Circuit has also issued a ruling on
EPIC's recent petition on
the controversial body scanner program.
After the court's initial 2011 ruling mandating that the TSA
"promptly" undertake notice
and comment rulemaking, a year passed
without agency action. EPIC then urged the court to require the
Secretary of Homeland Security
to begin a public comment process or
suspend the program. The agency subsequently replied that it "finalize
documents" by February
2013.
The DC Court of Appeals' ruling lays out a firm deadline for the TSA,
stating that it expects the agency to publish the
rule before the end
of March 2013.
DC Circuit Court: Ruling in EPIC v. DHS No. 12-1307 (Sept. 25, 2012)
http://epic.org/privacy/body_scanners/DC-Cir-Mandamus-Order.pdf
DC Circuit Court: Memorandum Opinion in EPIC v. DHS (May 20, 2011)
http://epic.org/foia/dhs/EPIC-v-DHS-Fees-Ruling-09-14-12.pdf
EPIC: EPIC v. DHS (Mobile Body Scanners Lawsuit)
http://epic.org/redirect/092812-epicvdhs-scannersuit.html
EPIC: EPIC v. DHS (Suspension of Body Scanner Program)
http://epic.org/redirect/092812-epicvdhs-scannersuspend.html
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[2] EPIC Urges Supreme Court to Uphold Review of Wiretapping
Programs
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EPIC, joined by 32 technical experts and legal
scholars and six
privacy and transparency organizations, has filed a "Friend of the
Court" brief in Clapper v. Amnesty International
USA, a case before the
US Supreme Court. At issue in Clapper is whether a group of journalists,
attorneys, and non-profit organizations
can challenge the US
government's interception of their international communications. The
Clapper case tests whether economic
and professional costs related to
the reasonable fear of being monitored under the Foreign Intelligence
Surveillance Act constitute
an injury sufficient to give the
plaintiffs "standing" to challenge the law under Article III of the US
Constitution. The case also has broad implications for public oversight
of surveillance activity.
The plaintiffs in Clapper are challenging
the current foreign
intelligence surveillance system put into place by the FISA Amendments
Act of 2008 after the exposure of the
George W. Bush Administration's
warrantless wiretapping program. The plaintiffs originally argued that
the current surveillance
system allows the government to collect their
private, international communications with clients, sources, and
colleagues, thus
forcing the plaintiffs to incur substantial monetary
costs in order to maintain confidentiality. Government attorneys argued,
meanwhile,
that the plaintiffs had not sufficiently established that
their communications had or would be collected under the FISA
Amendments
Act.
The US Second Circuit Court of Appeals sided with the plaintiffs in
2011, determining that the plaintiffs' fears were objectively
reasonable given the "imminent threat" that their communications would
be collected. The US government subsequently appealed to
the Supreme
Court, which agreed to hear the case for the 2012 term.
EPIC's amicus brief for the Supreme Court argues that the government's
ability to collect Americans' international communications is nearly
"unbounded," and that the public may "reasonably" fear that
their
private communications will be collected under FISA due to the lack
of adequate public reporting and oversight. The brief
also points out
that the oversight procedures
included in the FISA Amendments Act are inadequate to protect private
communications
because they focus on "targeting" procedures that occur
after collection, rather than limiting the collection of private
communications
in the first place. "In order to maintain both security
and privacy," the brief concludes, "the government requires
complementary
tools that maximize efficiency. When the law gives new
authority to conduct electronic surveillance, there should also be new
means
of oversight and accountability. The FISA Amendments Act fails
this test."
Oral argument in the case will take place before the
Supreme Court on
October 29, 2012.
EPIC et al.: "Friend of the Court" Brief in Clapper (Sept. 24, 2012)
http://epic.org/amicus/fisa/clapper/EPIC-Amicus-Brief.pdf
EPIC: Clapper v. Amnesty Int'l USA
http://epic.org/amicus/fisa/clapper/
DNI James R. Clapper, Jr.: Brief in Clapper v. Amnesty (July 2012)
http://epic.org/amicus/fisa/clapper/DNI-Brief.pdf
Amnesty International et al.: Brief in Clapper (Aug. 2012)
http://epic.org/amicus/fisa/clapper/Amnesty-et-al-Brief.pdf
EPIC: Foreign Intelligence Surveillance Act (FISA)
http://epic.org/privacy/terrorism/fisa/
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[3] Facebook Ceases Facial Recognition in EU
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The Irish Data Protection Commissioner has issued a report determining
that Facebook has implemented many of the Commissioner's
recommendations, such as halting the automatic use of facial recognition
through "tag suggestions." Facebook Europe has agreed
to give EU users
the choice over the use of facial recognition, grant users access to
their facial recognition template, and delete
the facial recognition
data of EU citizens by October 15. Facebook has agreed that it will
revive facial recognition technology
in the EU only after obtaining
permission from European data protection agencies.
The Commissioner's report also contains findings
on 16 other subjects
related to Facebook's privacy practices, including advertising, access
requests, data retention, pseudonymous
profiles, and disclosures to
third parties. Facebook's record on implementing the Commissioner's
recommendations has been mixed;
for example, Facebook has improved
transparency and enhanced users' ability to delete and access their
data, but it has not yet
improved user education or user targeting
based on sensitive terms. Full implementation "is planned to be
achieved by a specific
deadline," although that deadline remains
unspecified. The report also notes, however, that it "does not involve
formal decisions
by the Office on the complaints it has received in
relation to [Facebook]."
The Federal Trade Commission recently finalized a settlement
with
Facebook, first announced in November 2011, which bars Facebook
from changing privacy settings without users' affirmative
consent or
misrepresenting the privacy or security of users' personal information.
In comments filed with the FTC earlier in 2012,
EPIC recommended that
Facebook be prevented from creating facial recognition profiles without
users' consent. Although the FTC
decided to adopt the settlement
without any modifications, the Commission said in a response to EPIC
that facial recognition data
is included within the settlement's
definition of "covered information."
In the February 2012 comments, EPIC also recommended that
the FTC
enforce Fair Information Practices against commercial actors that
collect, use or store facial recognition data. In the
absence of such
safeguards, EPIC urged "the suspension of facial recognition technology
deployment until adequate safeguards and
privacy standards are
established."
Irish Data Protection Commissioner: Facebook Audit (Sept. 21, 2012)
http://epic.org/redirect/092812-irish-facebook-audit.html
FTC: Press Release re: Final Facebook Settlement (Aug. 18, 2012)
http://ftc.gov/opa/2012/08/facebook.shtm
FTC: Initial Facebook Settlement (Nov. 29, 2011)
http://www.ftc.gov/os/caselist/0923184/111129facebookcmpt.pdf
EPIC: Facebook Settlement Comments (Dec. 27, 2011)
http://epic.org/redirect/092812-epic-fb-settlement-comments.html
EPIC: Comments on Facial Recognition (Jan. 31, 2012)
http://epic.org/privacy/facerecognition/EPIC-Face-Facts-Comments.pdf
EPIC: Federal Trade Commission
http://epic.org/privacy/internet/ftc/
EPIC: Facebook and Facial Recognition
http://epic.org/privacy/facebook/facebook_and_facial_recognitio.html
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[4] Senate Leaves Internet Privacy Law Intact
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A Senate Committee has left a key Internet privacy law intact after
law enforcement agencies after a last-minute protest by law
enforcement agencies.The National District Attorneys' Association and
the National Sheriffs' Association were concerned about a
provision in
the amendment requiring law enforcement to obtain search warrants before
accessing files stored in the cloud. The
VPPA updates were championed by
Netflix and other providers of streaming video content; in the proposed
ruling, companies could
obtain blanket consent from consumers over the
use of their data.
The Video Privacy Protection Act was passed in 1988 in reaction
to
public disclosure of then-Supreme Court nominee Robert Bork's video
rental records. In 2011, the US House passed HR 2471, a
bill similar
to the current Senate proposal, which also would allow companies to
obtain blanket consent to disclose consumer video
viewing records.
In testimony before the Senate in January, EPIC strongly opposed the
amendment and instead recommended changes
to provide greater safeguards
for Internet users. EPIC Executive Director Marc Rotenberg urged the
Senate not to adopt HR 2471
because the amendment "undermines meaningful
consent" and does not protect consumer privacy. Rotenberg also warned
that once Netflix
users give the company blanket permission to disclose
their information, Netflix could divulge this information to any party
-
including law enforcement - at any time. EPIC's testimony underscored
that the 1988 Video Privacy Protection Act was a "smart, forward-
looking, technology neutral" privacy law that could be modernized to
ensure protection of "the collection and use of personal information
by
companies offering new video services."
Meanwhile, a federal court in California has held that the VPPA protects
the privacy
of Hulu subscribers. As the court explained, "Congress was
concerned with protecting the confidentiality of private information
about viewing preferences regardless of the business model or media
format involved."
Senate Judiciary Committee: Hearing on
VPPA Amendment (Sept. 20, 2012)
http://epic.org/redirect/092812-senate-vppa-hearing.html
US House: Amendment to the VPPA (HR 2471)
http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.02471:
EPIC: Testimony Before US Senate on VPPA (Jan. 31, 2012)
http://epic.org/privacy/vppa/EPIC-Senate-VPPA-Testimony.pdf
US District Court of CA: In Re Hulu Privacy Litigation (Aug. 10, 2012)
http://epic.org/privacy/vppa/In-re-Hulu-Order-On-Mot-To-Dismiss.pdf
EPIC: Video Privacy Protection Act of 1988
http://epic.org/privacy/vppa/
Video Privacy Protection Act of 1988
http://www.law.cornell.edu/uscode/18/2710.html
EPIC: Letter to Rep. Mel Watt (D-NC) re: HR 2471 (Dec. 5, 2011)
http://epic.org/privacy/vppa/EPIC-on-HR-2471-VPPA.pdf
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[5] DHS Releases 2012 Privacy Report
========================================================================
The Department of Homeland Security has released its 2012 Privacy
Office Annual Report to Congress. The report details the expansion
of
the National Counterterrorism Center's five-year retention policy for
records on US Persons, the agency's social media-monitoring
initiatives,
and privacy training for fusion centers personnel; however, it does not
discuss several new DHS-funded initiatives,
including the Future
Attribute Screening Technology, or FAST, a "Minority-Report"-like
proposal for "pre-crime" detection. Also,
according to the report the
Transportation Security Administration has still failed to adopt
privacy safeguards for airport body
scanners.
Two DHS Privacy Office investigations led to the finding of agency non-
compliance. One of those investigations involved
DHS's use of social
media monitoring. EPIC filed a FOIA request on DHS' social media
monitoring program in April 2011, then filed
suit against DHS in
December 2011 in order to force the disclosure of documents related
to the monitoring program, which searched
for both suspicious
"keywords" and dissent against government programs. Earlier in 2012,
Congress held an oversight hearing on the
DHS social media monitoring
program, and cited the documents obtained by EPIC.
While the report acknowledges agency shortcomings,
it also touts DHS
privacy and transparency training as well public engagement through
speaker series, a redesigned FOIA site, and
quarterly privacy advocacy
meetings. Significantly, the report fails to address the lack of timely
notice-and-comment rulemakings,
particularly the TSA's lack of
rulemaking on body scanners, ordered by a court in 2011 in response to
a suit brought by EPIC.
The report discusses DHS' increased use of Privacy Compliance Reviews
(PCRs), which cover programs including cybersecurity, information
sharing, and the use of social media. The DHS Privacy Office used these
reviews to fail eight of its own agency programs for their
lack of
privacy compliance documentation. None of the eight programs are
identified in the report, nor are any details of their
lack of privacy
compliance.
The DHS Chief Privacy Office must present annual reports to Congress
and is also required by law
to ensure that new agency programs do not
diminish privacy in the US.
DHS Privacy Office: 2012 Annual Report to Congress (Sept.
2012)
http://epic.org/redirect/092812-dhs-2012-privacy-report.html
EPIC: DHS Privacy Office
http://epic.org/privacy/dhs-cpo.html
EPIC: Future Attribute Screening Technology (FAST)
http://epic.org/privacy/fastproject/
EPIC: Fusion Centers
http://epic.org/privacy/fusion/
EPIC: EPIC v. DHS (Social Media Monitoring)
http://epic.org/foia/epic-v-dhs-media-monitoring/
EPIC: EPIC v. DHS (Suspension of Body Scanner Program)
http://epic.org/redirect/092812-epicvdhs-scannersuspend.html
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[6] News in Brief
========================================================================
EPIC Asks FTC to Investigate Facebook-Datalogix Data-Matching Scheme
EPIC, joined by the Center for Digital Democracy, has asked
the
Federal Trade Commission to investigate whether Facebook's data-
matching arrangement with data analytics firm Datalogix violates
a
recent privacy settlement between the FTC and Facebook. Currently,
Facebook is matching users' personal information with personal
information held by Datalogix. The settlement, first announced in
November 2011 and adopted in August 2012, prohibits Facebook
from
changing privacy settings without users' affirmative consent or
misrepresenting the privacy or security of users' personal
information. Previously, EPIC had asked the FTC to determine
whether Facebook's "Timeline" feature, which makes archived user data
widely available, or Facebook's biometric tagging of user photos
violated the terms of the consent order. The FTC has not made
a
determination on the EPIC Timeline request; Facebook has recently
suspended facial recognition in the EU, and facial "tagging"
in the US.
EPIC/CDD: Letter to FTC on Facebook/Datalogix (Sept. 27, 2012)
http://epic.org/privacy/facebook/EPIC-Ltr-FB-Datalogix.pdf
EPIC: Facebook-Datalogix Relationship
http://epic.org/privacy/facebook/facebook_and_datalogix.html
FTC: Press Release on Final Settlement with Facebook (Aug. 10, 2012)
http://ftc.gov/opa/2012/08/facebook.shtm
FTC: Settlement with Facebook (Nov. 29, 2011)
http://www.ftc.gov/os/caselist/0923184/111129facebookcmpt.pdf
EPIC: Complaint to FTC re: User Facial Recognition (Jun. 10, 2011)
http://epic.org/redirect/092812-epic-fb-face-complaint.html
EPIC: Letter to FTC re: Facebook Timeline
http://epic.org/privacy/facebook/EPIC_Facebook_FTC_letter.pdf
EPIC: Facebook and Facial Recognition
https://epic.org/privacy/facerecognition/
EPIC: Facebook Privacy
http://epic.org/privacy/facebook/
EPIC: Federal Trade Commission
http://epic.org/privacy/internet/ftc/
Congress Recommends TSA Address Scanner Privacy and Health Concerns
"Rebuilding TSA into a Smarter, Leaner Organization," a new
report by
the US House Homeland Security Committee, critiques the Transportation
Security Administration for "failing to meet taxpayers'
expectations."
The report recommends that the TSA sponsor "an independent analysis" of
the health risks of body scanners and install
privacy filters on all
devices. The report also cites the 2011 decision in EPIC v. DHS,
pointing out that the TSA has failed to
abide by the ruling of a
federal appeals court to "act promptly" to receive public comments.
A Washington, DC appeals court ruled
last week that the TSA must begin
public commentary on the scanners by March 2013.
US House Homeland Security Committee: Report
on TSA (Sept. 20, 2012)
http://epic.org/redirect/092812-homeland-tsa-report.html
US House Homeland Security Committee
http://homeland.house.gov/
DC Circuit Court: Order for Rulemaking in EPIC v. DHS (Sept. 25, 2012)
http://epic.org/privacy/body_scanners/DC-Cir-Mandamus-Order.pdf
EPIC: EPIC v. DHS (Suspension of Body Scanners)
http://epic.org/redirect/092812-epicvdhs-scannersuspend.html
EPIC: Full Body Scanner Radiation Risks
http://epic.org/redirect/092812-scan-radiation-risks.html
EPIC: EPIC v. TSA (Body Scanner Modifications and ATR)
http://epic.org/privacy/body_scanners/epic_v_tsa.html
US House Renews Foreign Intelligence Surveillance Powers
The US House has voted to reauthorize the FISA Amendments Act of 2008.
The Act authorizes surveillance programs intended to target foreign
agents, but allows collection of private communications of
US
citizens without individualized suspicion. In May 2012, EPIC
Executive Director Marc Rotenberg testified before the House Judiciary
Committee on the legislation and recommended new oversight procedures.
The Senate has yet to consider the measure. EPIC recently
submitted a
"Friend of the Court" brief to the US Supreme Court in Clapper v.
Amnesty International USA, a case involving the FISA
Amendments Act.
US House: Vote on FISA Amendments Act
http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.5949:
US House: FISA Amendments Act of 2008
http://epic.org/redirect/092812-fisa-amendments-2008.html
US House: Testimony of EPIC's Marc Rotenberg on FISA (May 31, 2012)
http://epic.org/redirect/092812-epic-fisa-testimony.html
US House: House Judiciary Committee
http://judiciary.house.gov/
EPIC et al.: "Friend of the Court" Brief in Clapper (Sept. 24, 2012)
http://epic.org/amicus/fisa/clapper/EPIC-Amicus-Brief.pdf
EPIC: Clapper v. Amnesty Int'l USA
http://epic.org/amicus/fisa/clapper/
EPIC: Foreign Intelligence Surveillance Act
http://epic.org/privacy/terrorism/fisa/
FTC Finalizes Settlement with Myspace
The Federal Trade Commission has finalized the terms of a settlement
with social networking
site Myspace. The settlement follows from
allegations that Myspace allowed advertisers to access users'
personally identifying
information after promising to keep such
information private, and requires Myspace to implement a comprehensive
privacy program,
submit to independent audits, and refrain from future
privacy misrepresentations. EPIC commented on the settlement,
recommending
that the FTC make the settlement at least as protective as
the agency's previous settlement with Facebook, and requiring Myspace
to implement practices consistent with the White House's Consumer
Privacy Bill of Rights. In response to EPIC's comments, the FTC
decided to accept the proposed settlement without modification but
stated that "the privacy program mandated under the consent
order will
require Myspace to address many of the consumer protections discussed
in your comment."
FTC: Press Release on FTC-Myspace
Settlement
http://ftc.gov/opa/2012/09/myspace.shtm
FTC: Text of FTC-Myspace Settlement (May 8, 2012)
http://www.ftc.gov/os/caselist/1023058/120508myspaceorder.pdf
EPIC: Comments on FTC-Myspace Settlement
http://epic.org/privacy/socialnet/EPIC-Myspace-comments-FINAL.pdf
FTC: Press Release on Settlement with Facebook (Nov. 29, 2011)
http://ftc.gov/opa/2011/11/privacysettlement.shtm
The White House: Consumer Privacy Bill of Rights (Feb. 2012)
http://www.whitehouse.gov/sites/default/files/privacy-final.pdf
FTC: Response to EPIC Commentary on Myspace Settlement (Dec. 9, 2011)
http://ftc.gov/os/caselist/1023058/120911myspaceletterepic.pdf
EPIC: Federal Trade Commission
http://epic.org/privacy/internet/ftc/
EPIC: Social Networking Privacy
http://epic.org/privacy/socialnet/
New Government Report Highlights Drone Privacy Risks
A new report from the Government Accountability Office outlines the
risks
of increased domestic UAV, or "drone," use following adoption of
the FAA Modernization and Reform Act of 2012. The GAO report, "Unmanned
Aircraft Systems: Measuring Progress and Addressing Potential Privacy
Concerns Would Facilitate Integration into the National
Airspace
System," notes the widespread privacy concerns about drones operating
in US airspace. The report found that such concerns
"include the
potential for increased amounts of government surveillance using
technologies placed on UAS, the collection and use
of such data, and
potential violations of constitutional Fourth Amendment protections
against unreasonable search and seizures."
The report also notes that
"non-military unmanned aircraft system GPS signals are unencrypted,
risking potential interruption of
command and control. . . ." Earlier
in 2012, EPIC warned Congress about the "substantial legal and
constitutional issues involved
in the deployment of aerial drones by
federal agencies." Also in 2012, EPIC, joined by over 100
organizations, experts, and members
of the public, petitioned the FAA
to begin a rulemaking to establish privacy safeguards.
GAO: Report on Drone Use (Sept. 2012)
http://www.gao.gov/assets/650/648348.pdf
US Congress: FAA Modernization and Reform Act of 2012 (Jan. 3, 2012)
http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.658:
EPIC: Testimony Before US House on Drone Use (Jul. 19, 2012)
http://epic.org/privacy/testimony/EPIC-Drone-Testimony-7-12.pdf
EPIC et al.: Petition to FAA on US Drone Use (Feb. 24, 2012)
http://epic.org/privacy/drones/FAA-553e-Petition-03-08-12.pdf
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones
http://epic.org/privacy/drones/
=======================================================================
[7] EPIC in the News
=======================================================================
"Privacy groups call for FTC probe into Facebook's new ad-tracking
partnership." The Hill, Sept. 27, 2012.
http://epic.org/redirect/092812-thehill-datalogix-epic.html
"Privacy groups seek investigation of Facebook's retail data sharing."
ArsTechnica, Sept. 27, 2012.
http://epic.org/redirect/092812-arstechnica-datalogix-epic.html
"Appeals Court Caves to TSA Over Nude Body Scanners." Wired, Sept.
25, 2012.
http://www.wired.com/threatlevel/2012/09/appeals-court-caves/
How Europe Is Taking Online Privacy Far More Seriously Than The U.S."
ThinkProgress, Sept. 25, 2012.
http://epic.org/redirect/092812-thinkprogress-epic-eu.html
"Facebook Can ID Faces, but Using Them Grows Tricky." The New York
Times, Sept. 21, 2012.
http://epic.org/redirect/092812-nyt-facial-epic.html
"Divided Court OK's Facebook's Privacy Foundation." MediaPost, Sept.
20, 2012.
http://epic.org/redirect/092812-mediapost-fbprivacy-epic.html
"Senate delays Netflix, e-mail privacy fix after cops protest." CNet,
Sept. 20, 2012.
http://epic.org/redirect/092812-cnet-VPPA-epic.html
"Senators prepare to vote on Netflix and e-mail privacy." CNet, Sept.
20, 2012.
http://epic.org/redirect/092812-cnet-preVPPA-epic.html
"Drones In U.S.: More Unmanned Aircraft Will Be Flying In Domestic
Airspace By 2015." The Huffington Post, Sept. 19, 2012.
http://epic.org/redirect/092812-huffpo-drones-epic.html
"New House bill targets mobile device tracking software." ZDNet, Sept.
13, 2012.
http://epic.org/redirect/092812-zdnet-mobile-epic.html
For More EPIC in the News:
http://epic.org/news/epic_in_news.html
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[8] Book Review: 'Some Remarks'
=======================================================================
"Some Remarks: Essays and Other Writing," Neal Stephenson
http://epic.org/redirect/092812-some-remarks-stephenson.html
Crypto-hacker hero Neal Stephenson really likes to organize,
reorganize, and categorize information. But he writes best when he
focuses on ideas that occupy the interstices between categories.
Stephenson claims that "Some Remarks," a 20-year compendium of
essays,
interviews, and short fiction, eschews the "pitilessly accurate
historical record" and is instead "a shameless whitewashing
of that
historical record, picking only the good stuff." This interstitial
cherry-picking provides readers with an extraordinary
insight into
Stephenson's career.
Of the "17 1/2" works included in "Some Remarks," there are "2 1/2"
works of short fiction,
eight essays, a lecture, two interviews, a b
ook forward, and three pieces of journalistic reporting. The bulk of
the book consists
of two of these three articles, which are,
unfortunately, also two of the driest pieces in the collection.
Stephenson's essays
are more succinct and more compelling than his
journalism, and they cover the widest swath of subject matter.
"Arsebestos" is a
previously unpublished essay exploring the merits of
a treadmill desk. "Blind Secularism," Stephenson's oldest effort,
attempts
to encourage the secular-minded reader to try to understand
radical acts of the faithful on their own terms. "Locked In" is a
rambling
essay about rockets.
Stephenson's essays are rife with categories. "Turn On, Tune In,
Veg Out," for example, divides media consumption
habits into two
styles: "geeking out" and "vegging out." His Foreword to David
Foster Wallace's "Everything and More" separates
attitudes about
phenomenology into "priestly" and "bad boy;" academic attitudes
into "Coastal" and "Midwestern American College
Town;" science
writing for amateurs into four numbered "Types."
Neal Stephenson's prose only really shines, however, in his hacker
fiction, when he abandons the categorical and embraces the interstitial.
"The Great Simeleon Caper" is a kind of hacker's bildungsroman,
in which
a recent college grad who works in Internet tech support discovers his
true place in the world: hacking between network
code and user
interface. In "Spew," a hacker tasked with profiling a young woman
finds that neither the Internet nor real-world
interactions alone can
provide him with the most revelatory information about his target;
instead, he must rely on his intuition
about the space between her
online and real-world presence.
In his final essay, Stephenson confesses, "The quality of my e-mails
and public speaking is, in my view, nowhere near that of my novels."
He's right. The short stories in this collection are, like
the rest of
his writing, packed full of theories and ideas and explanations. But
in his fiction, Stephenson avoids his tendency
to sort his ideas into
categories, and allows his prose to flow naturally from the spaces
between them.
-- Julia Horwitz
================================
EPIC Publications:
"Litigation Under the Federal Open Government Laws 2010," edited by
Harry A. Hammitt, Marc Rotenberg, John A.
Verdi, Ginger McCall, and Mark
S. Zaid (EPIC 2010). Price: $75
http://epic.org/bookstore/foia2010/
Litigation Under the Federal Open Government Laws is the most
comprehensive, authoritative discussion of the federal open access
laws.
This updated version includes new material regarding President Obama's
2009 memo on Open Government, Attorney General Holder's
March 2009 memo
on FOIA Guidance, and the new executive order on declassification. The
standard reference work includes in-depth
analysis of litigation under:
the Freedom of Information Act, the Privacy Act, the Federal Advisory
Committee Act, and the Government in the Sunshine Act. The fully updated
2010 volume is the
25th edition of the manual that lawyers, journalists
and researchers have relied on for more than 25 years.
================================
"Information Privacy Law: Cases and Materials, Second Edition" Daniel
J. Solove, Marc Rotenberg, and Paul Schwartz. (Aspen 2005).
Price: $98.
http://www.epic.org/redirect/aspen_ipl_casebook.html
This clear, comprehensive introduction to the field of information
privacy law allows instructors to enliven their teaching of fundamental
concepts by addressing both enduring and emerging controversies. The
Second Edition addresses numerous rapidly developing areas of
privacy
law, including: identity theft, government data mining and electronic
surveillance law, the Foreign Intelligence Surveillance
Act,
intelligence sharing, RFID tags, GPS, spyware, web bugs, and more.
Information Privacy Law, Second Edition, builds a cohesive
foundation
for an exciting course in this rapidly evolving area of law.
================================
"Privacy & Human Rights
2006: An International Survey of Privacy Laws
and Developments" (EPIC 2007). Price: $75.
http://www.epic.org/phr06/
This annual report by EPIC and Privacy International provides an
overview of key privacy topics and reviews the state of privacy
in over
75 countries around the world. The report outlines legal protections,
new challenges, and important issues and events relating
to privacy.
Privacy & Human Rights 2006 is the most comprehensive report on privacy
and data protection ever published.
================================
"The Public Voice WSIS Sourcebook: Perspectives on the World Summit on
the Information Society" (EPIC 2004). Price: $40.
http://www.epic.org/bookstore/pvsourcebook
This resource promotes a dialogue on the issues, the outcomes, and the
process of the World Summit on the Information Society (WSIS).
This
reference guide provides the official UN documents, regional and
issue-oriented perspectives, and recommendations and proposals
for
future action, as well as a useful list of resources and contacts for
individuals and organizations that wish to become more
involved in the
WSIS process.
================================
"The Privacy Law Sourcebook 2004: United States Law, International
Law,
and Recent Developments," Marc Rotenberg, editor (EPIC 2005). Price:
$40.
http://www.epic.org/bookstore/pls2004/
The Privacy Law Sourcebook, which has been called the "Physician's Desk
Reference" of the privacy world, is the leading resource
for students,
attorneys, researchers, and journalists interested in pursuing privacy
law in the United States and around the world.
It includes the full
texts of major privacy laws and directives such as the Fair Credit
Reporting Act, the Privacy Act, and the OECD
Privacy Guidelines, as
well as an up-to-date section on recent developments. New materials
include the APEC Privacy Framework, the
Video Voyeurism Prevention Act,
and the CAN-SPAM Act.
================================
"Filters and Freedom 2.0: Free Speech Perspectives
on Internet Content
Controls" (EPIC 2001). Price: $20.
http://www.epic.org/bookstore/filters2.0
A collection of essays, studies, and critiques of Internet content
filtering. These papers are instrumental in explaining why filtering
threatens free expression.
================================
EPIC publications and other books on privacy, open government, free
expression, and constitutional values can be ordered at:
EPIC Bookstore
http://www.epic.org/bookstore
================================
EPIC also publishes EPIC FOIA Notes, which provides brief summaries of
interesting documents obtained
from government agencies under the
Freedom of Information Act.
Subscribe to EPIC FOIA Notes at:
http://mailman.epic.org/mailman/listinfo/foia_notes
=======================================================================
[9] Upcoming Conferences and Events
=======================================================================
3rd Annual Privacy, ATI and Security Congress. 4-5 October 2012,
Ottawa, ON. For More Information: http://www.rebootconference.com/
events/information-privacy-security-congress-2012/.
Amsterdam Privacy Conference. 7-10 October 2012, Amsterdam. For More
Information: http://www.ivir.nl/news/CallforPapersAPC2012.pdf.
"Reform of the EU Data Protection Framework." EU Parliament, Brussels,
9-10 October 2012. For More Information: http://www.europarl.europa.eu/
webnp/cms/lang/fr/pid/1779.
"The Evolving Internet," University of Pennsylvania School of Law,
19-20 October 2012, Philadelphia. For More Information:
http://www.pennumbra.com/symposia/.
The Public Voice Conference. 22 October 2012, Punta del Este, Uruguay.
For More Information: http://www.thepublicvoice.org/.
34th International Conference of Data Protection and Privacy. 23-25
October 2012, Punta del Este, Uruguay. For More Information:
http://www.privacyconference2012.org/english/sobre-la-conferencia/
noticias/noticia-destacada.
PIPA Conference 2012: "Privacy on the Go." 1-2 November 2012, Calgary,
Alberta. For More Information: http://privacyconference2012.ca.
"Computers, Privacy and Data Protection: Reloading Data Protection."
23-25 January 2013, Brussels. For More information:
http://www.cpdpconferences.org/.
=======================================================================
Join EPIC on Facebook and Twitter
=======================================================================
Join the Electronic Privacy Information Center on Facebook and Twitter:
http://facebook.com/epicprivacy
http://epic.org/facebook
http://twitter.com/epicprivacy
Join us on Twitter for #privchat, Tuesdays, 11:00am ET.
Start a discussion on privacy. Let us know your thoughts.
Stay up to date with EPIC's events.
Support EPIC.
=======================================================================
Privacy Policy
=======================================================================
The EPIC Alert mailing list is used only to mail the EPIC Alert and to
send notices about EPIC activities. We do not sell, rent
or share our
mailing list. We also intend to challenge any subpoena or other legal
process seeking access to our mailing list. We
do not enhance (link to
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In the event you wish to subscribe or unsubscribe
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from this list, please follow the above instructions under "subscription
information."
=======================================================================
About EPIC
=======================================================================
The Electronic Privacy Information Center is
a public interest research
center in Washington, DC. It was established in 1994 to focus public
attention on emerging privacy issues
such as the Clipper Chip, the
Digital Telephony proposal, national ID cards, medical record privacy,
and the collection and sale
of personal information. EPIC publishes the
EPIC Alert, pursues Freedom of Information Act litigation, and conducts
policy research. For more information, see http://www.epic.org or write
EPIC, 1718 Connecticut Ave. NW, Suite 200, Washington, DC 20009. +1 202
483 1140 (tel), +1 202 483 1248 (fax).
=======================================================================
Donate to EPIC
=======================================================================
If you'd like to support the work of the
Electronic Privacy Information
Center, contributions are welcome and fully tax-deductible. Checks
should be made out to "EPIC" and
sent to 1718 Connecticut Ave. NW,
Suite 200, Washington, DC 20009. Or you can contribute online at:
http://www.epic.org/donate
Your contributions will help support Freedom of Information Act and
First Amendment litigation, strong and effective advocacy for the right
of privacy and efforts to oppose government regulation
of encryption and
expanding wiretapping powers.
Thank you for your support.
=======================================================================
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=======================================================================
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