EPIC Alert 20.09
======================================================================= E P I C A l e r t ======================================================================= Volume 20.09 May 17, 2013 ----------------------------------------------------------------------- Published by the Electronic Privacy Information Center (EPIC) Washington, D.C. http://www.epic.org/alert/epic_alert_20.09.html "Defend Privacy. Support EPIC." http://epic.org/donate ======================================================================== Table of Contents ======================================================================== [1] EPIC to Honor Senators Paul and Wyden, AP Reporter Mendoza, Consumer Advocate Grant, Privacy Scholar Flaherty [2] EPIC Urges Investigation, Files FOIA on DoJ Surveillance of Press [3] EPIC Pursues Public Release of Facebook, MySpace Privacy Reports [4] FTC Rejects Industry Effort to Delay Children's Privacy Rules [5] 2012 FISA Orders Up, Security Letters Down, All Surveillance OK'ed [6] News in Brief [7] EPIC in the News [8] EPIC Book Review: 'Deep State' [9] Upcoming Conferences and Events TAKE ACTION: Comment on the TSA's 'Nude' Airport Body Scanners! - COMMENTS to the TSA: http://www.epic.org/redirect/TSAcomment/ - LEARN More: http://epic.org/TSAcomment/ - SUPPORT EPIC: http://www.epic.org/donate/ REGISTER NOW: EPIC Champion of Freedom Awards Dinner June 3, 2013, Washington DC with Senator Rand Paul (R-KY) Senator Ron Wyden (D-OR) Pulitzer Prize Winner Martha Mendoza Consumer Advocate Susan Grant Privacy Scholar and Advocate David Flaherty http://www.epic.org/june3/ ======================================================================== [1] EPIC to Honor Senators Paul and Wyden, AP Reporter Mendoza, Consumer Advocate Grant, Privacy Scholar Flaherty ======================================================================== EPIC has announced the recipients of the 2013 EPIC Champion of Freedom Awards: Senators Rand Paul (R-KY) and Ron Wyden (D-OR), and AP reporter Martha Mendoza. Additionally. Susan Grant of the Consumer Federation of America will receive the EPIC Privacy Advocate Award and the Hon. David Flaherty will receive the EPIC Lifetime Achievement Award. EPIC's awards are given annually to courageous defenders of privacy, open government, and democratic values. Previous recipients include federal judges, members of Congress, journalists, litigators, advocates, and philanthropists. The first EPIC Champion of Freedom Award was given to Senator Patrick Leahy (D-VT) in 2004. The 2013 award recipients will be honored at the EPIC Champion of Freedom Awards dinner in Washington, DC, on Monday June 3, 2013. Senator Rand Paul has been a powerful advocate against the use of drones for warrantless domestic surveillance, and introduced the "Freedom from Unwarranted Surveillance Act of 2012" in Congress. The bill would "protect American's privacy by forcing police officials to obtain a warrant before using domestic drones." Senator Ron Wyden co-authored the 2011 "Geolocation Privacy and Surveillance Act," a bill imposing stricter requirements on law enforcement and government agencies in obtaining private geolocational information via mobile devices. Sen. Wyden is also a supporter of open government, and for more than a decade has "fought for greater oversight of national security programs, preserving the independence of inspector generals as well as protections for whistleblowers." Martha Mendoza is a Pulitzer Prize-winning national writer and reporter for the Associated Press. Mendoza is the author of the series "Access Denied," which examined public freedom of information laws and processes in 100 different countries. Mendoza's 2012 TED Talk, "Why Open Government Is So Crucial To Our Society," examined the power of Freedom of Information Act laws to enable informed public participation and oversight in a democracy. Susan Grant is the Director of Consumer Protection at the Consumer Federation of America, an association of non-profit consumer organizations whose mission is to "advance the consumer interest through research, advocacy, and education." Grant specializes in the areas of privacy, identity theft, online safety and security, telemarketing, electronic and mobile commerce, deceptive marketing, and fraud. The Honorable David Flaherty served as the first Information and Privacy Commissioner for the Province of British Columbia. During his tenure, he wrote 320 Orders under the Freedom of Information and Protection of Privacy Acts. He is the author or editor of 14 books on privacy, freedom of information, and surveillance, including "Protecting Privacy in Surveillance Societies" (1989) and "Privacy in Colonial New England" (1972). Flaherty currently serves as adjunct professor of Political Science at the University of Victoria, BC. EPIC: EPIC Champion of Freedom Awards http://epic.org/june3/ EPIC: Awards Dinner Tickets http://epic.givezooks.com/events/ epic-s-champion-of-freedom-awards-dinner-2013 US Senate: Senator Rand Paul (R-KY) http://www.paul.senate.gov/ US Senate: Senator Ron Wyden (D-OR) http://www.wyden.senate.gov Associated Press: Martha Mendoza http://bigstory.ap.org/content/martha-mendoza Consumer Federation of America: Susan Grant http://www.consumerfed.org/pdfs/Susan%20Grant%20Bio.pdf EPIC: Hon. David Flaherty http://epic.org/epic/advisory_board.html#flaherty ======================================================================== [2] EPIC Urges Investigation, Files FOIA on DoJ Surveillance of Press ======================================================================== EPIC has filed a Freedom of Information Act request with the Department of Justice's Office of Legal Counsel, seeking documents explaining the DOJ's legal authority to search the electronic communications of reporters. Following news reports that the Justice Dept. seized the telephone records of the Associated Press in 2012 after a purported national security leak, EPIC's request seeks to discover the legal basis for the action as well as whether the DOJ could or has obtained journalists' email or text messaging records. "There is a particular urgency for the public to obtain information about the legal authority of law enforcement to obtain electronic communications of journalists," states EPIC's request. "The DOJ's revelation that it has seized the telephone records of the Associated Press goes to the heart of the independence of the news media and their ability to inform the public on the activities of the government." EPIC has also sent a letter to the US House Judiciary Committee in conjunction with the Committee's May 15 hearing on DOJ oversight, requesting that the Committee question US Attorney General Eric Holder on the DOJ's compliance with the Privacy Protection Act and DOJ regulations. Specifically, EPIC's letter requests that the Committee: "• Inquire as to whether the government pursued 'all reasonable alternative investigation steps' as required by the guidelines; • Inquire as to why the investigators in this case could not negotiate with the AP directly for the release of certain limited records related to the investigation; • Take appropriate disciplinary action for the failure of the Department of Justice to receive the express approval of Attorney General Eric Holder before issuing the subpoena • Order the DOJ to update the guidelines, issued in 1980, to protect journalists' e-mail records as well as their telephone toll records." EPIC also requested that the letter "be entered into the hearing record." Both the Privacy Protection Act of 1980 and the DOJ regulations govern law-enforcement agencies' ability to subpoena and access news media communications and records, and protect journalists from government influence. Meanwhile, the Obama Administration quickly came out in favor of a "media shield" law. The White House asked Senator Charles E. Schumer (D-NY) to reintroduce the "Free Flow of Information Act," a bill Sen. Schumer pushed in 2009. The Act would create a media shield law by providing some protections for journalists against identifying confidential sources in federal law enforcement proceedings, and enabling journalists to move to quash subpoenas of their phone records. In 2005, EPIC filed the first FOIA request over the US government's "warrantless wiretapping". EPIC eventually obtained emails and a memo from a former high-level Justice Department official expressing doubt about the government's argument in favor of the legality of the program. EPIC also obtained internal messages from the NSA's director to agency staff, defending the NSA's warrantless eavesdropping and discouraging employees from discussing the issue with the news media. EPIC: FOIA Request to DOJ re: Press Surveillance (May 14, 2013) http://epic.org/redirect/051713-epic-doj-foia.html EPIC: Letter to US House re: DOJ Oversight Hearing (May 14, 2013) http://epic.org/privacy/surveillance/EPIC-Ltr-DOJ-AP.pdf House Judiciary Committee: Hearing on DOJ Oversight (May 15, 2013) http://judiciary.house.gov/hearings/113th/hear_05152013.html The White House: Press Briefing on "Media Shield" (May 15, 2013) http://epic.org/redirect/051713-briefing-media-shield.html US Senate: Text of "Free Flow of Information Act" (Feb. 13, 2009) http://www.gpo.gov/fdsys/pkg/BILLS-111s448rs/pdf/BILLS-111s448rs.pdf EPIC: "Free Flow of Information Act" http://epic.org/free_speech/free_flow_of_information_act.html EPIC: Privacy Protection Act of 1980 http://epic.org/privacy/ppa/ EPIC: Warrantless Surveillance Program http://epic.org/privacy/nsa/foia/ ======================================================================== [3] EPIC Pursues Public Release of Facebook, MySpace Privacy Reports ======================================================================== EPIC has submitted Freedom of Information Act requests for the release of Facebook and MySpace's privacy assessments, which the companies have submitted to the Federal Trade Commission as a result of user privacy violations. As a consequence of previous privacy settlements with the FTC, both companies are required to implement comprehensive privacy programs and "obtain initial and biennial assessments and reports ('Assessments') from a qualified, objective, independent third-party professional[]"for 20 years. EPIC has requested that the FTC disclose compliance reports and initial privacy assessments conducted for each company. The assessments are designed to evaluate the degree to which Facebook and MySpace are meeting their legal obligations to protect user privacy. In 2012, EPIC obtained a copy of Google's initial privacy assessment - also the result of a privacy settlement with the FTC - that contained redacted information about the standards by which the assessment was completed, the test procedures used to assess the effectiveness of Google's privacy controls, the procedures Google uses to identify privacy risks, and the types of personal data Google collects from users. The FTC settlements with Facebook, MySpace, and Google arose from complaints brought by EPIC and other consumer organizations. Like Facebook, Google was investigated for deceiving users and misusing users' private information. In 2011 and 2012 comments to the FTC on the proposed settlements, EPIC recommended that the privacy assessments be publicly available. EPIC: FOIA Request to FTC for Facebook Assessments (Apr. 26, 2013) http://epic.org/privacy/ftc/FOIA-Facebook-Assessments.pdf EPIC: FOIA Request to FTC for MySpace Assessments (Apr. 26, 2013) http://epic.org/privacy/ftc/FOIA-MySpace-Assessment.pdf FTC: Facebook Privacy Settlement (Nov. 29, 2011) http://ftc.gov/opa/2011/11/privacysettlement.shtm FTC: MySpace Privacy Settlement (May 8, 2012) http://ftc.gov/opa/2012/05/myspace.shtm EPIC: FTC Google Privacy Assessment (Sep. 26, 2012) http://epic.org/redirect/051713-google-privacy-assessment.html EPIC: FTC Google Privacy Investigation Documents http://ftc.gov/os/caselist/1023136/index.shtm EPIC: Federal Trade Commission http://epic.org/privacy/internet/ftc/ EPIC: Open Government http://epic.org/open_gov/ ======================================================================== [4] FTC Rejects Industry Effort to Delay Children's Privacy Rules ======================================================================== The Federal Trade Commission has rejected an effort by trade groups to delay implementation of the Children's Online Privacy Protection Act Rule, currently scheduled to take effect July 1. The FTC had given these groups at least six months to prepare for the Rule. "In selecting an effective date of July 1, 2013," the FTC wrote in the letter announcing the rejection of the delay, "the Commission determined that six months would be adequate time for such operators to assess whether third parties collect personal information through their site or service." Because the updated rule "also provides significant flexibility for operators to select the most appropriate cost-effective technologies to achieve the Rule's requirements" and industry had "not raised any concrete facts to demonstrate that a delay is necessary," the FTC voted unanimously to retain the July 1 deadline. The new Rule expands the definition of "personally identifiable information" to include geolocation information and persistent identifiers, or "cookies"; modifies the list of "personal information" that cannot be collected without parental notice and consent; closes a loophole that allows child-oriented apps and websites to permit third parties to use plug-ins to collect personal information; prevents third-party advertisers from secretly collecting children's personal information for behavioral advertising purposes; and, in some cases, extends required COPPA compliance to those third parties. Earlier in 2013, EPIC joined a coalition of consumer, privacy, and children's advocates in urging the FTC to keep the original July 1 implementation date. EPIC also commented in support of both the 2011 proposed rule, and a revised version introduced in August 2012. EPIC's comments noted that the COPPA rule is essentially sound, and has substantially benefitted both children and companies. The comments also stated that "the proposed COPPA Rule revisions are a well-reasoned and innovative approach to online privacy that respond to changes in the way children interact with the operators of web sites and online services." However, EPIC suggested that the Commission should further improve the proposed COPPA rule by defining additional terms, extending the definition of "personal information," and adding data-breach notification requirements. EPIC has supported children's electronic privacy since the 1990s, including Congressional testimony by Executive Director Marc Rotenberg in favor of the creation of COPPA, which was passed in 2000, and again in 2010 in support of the proposed rule changes. FTC: Letter Denying Delay of COPPA Rule (May 6, 2013) http://ftc.gov/os/2013/05/130506copparule.pdf FTC: Press Release on COPPA (Dec. 19, 2012) http://www.ftc.gov/opa/2012/12/coppa.shtm EPIC: COPPA Rule Review (Sep. 24, 2012) http://epic.org/privacy/kids/EPIC-COPPA-2012-Rule-Rev-Cmts.pdf EPIC: COPPA Rule Comments (Dec. 23, 2011) http://epic.org/redirect/051713-epic-coppa-rule-comments.html EPIC: Congressional Testimony on COPPA Revisions (Apr. 29, 2010) http://epic.org/privacy/kids/EPIC_COPPA_Testimony_042910.pdf EPIC: Congressional Testimony on COPPA Creation (Sept. 1996) http://epic.org/privacy/kids/EPIC_Testimony.html EPIC: Children's Online Privacy http://epic.org/privacy/kids/default.html EPIC: FTC http://epic.org/privacy/internet/ftc/ ======================================================================== [5] 2012 FISA Orders Up, Security Letters Down, All Surveillance OK'ed ======================================================================== The US Department of Justice has released the 2012 Foreign Intelligence Surveillance Act (FISA) Report. The report provides the number of applications the Justice Dept. submitted to the Foreign Intelligence Surveillance Court (FISC) for electronic surveillance and/or physical searches for foreign intelligence purposes. The report also provides the number of National Security Letter requests. National Security Letters, which do not require judicial approval, are used to obtain certain records about US citizens from companies, usually communication service providers. According to the 2012 FISA Report, the Department of Justice submitted 1,856 applications to the FISC, a 6.4% increase since 2011. Of the 1,856 search applications, 1,789 sought authority to conduct electronic surveillance. The FISC did not deny any of the applications, although the government withdrew one. However, the FISC did make modifications to 40 applications, including one from the 2011 reporting period. In addition to the FISA orders, the FBI sent 15,229 National Security Letter requests for information on 6,223 different US persons, a modest decrease from the 16,511 requests sent in 2011. No similar report has been conducted on the use of FISA surveillance. Almost no information is available about FISA surveillance beyond the figures contained in the annual FISA letter, sent to the Senate each year by the Department of Justice's Office of Legislative Affairs. EPIC, in 2012 testimony to the House on the FISA Amendments Act of 2008, recommended greater reporting of FISC applications and opinions, similar to the information disclosed in Federal Wiretap Reports, and provided similar comments to the FISC in 2012. US Justice Dept: 2012 FISA Report (Apr. 30, 2013) http://www.justice.gov/nsd/foia/foia_library/2012fisa-ltr.pdf US Justice Dept: 2011 FISA Report (Apr. 30, 2012) http://www.justice.gov/nsd/foia/reading_room/2011fisa-ltr.pdf US Courts: 2011 Wiretap Report http://epic.org/redirect/051713-2011-wiretap-report.html EPIC: Testimony on "The FISA Amendments Act of 2008" (May 31, 2012) http://epic.org/redirect/051713-epic-testimony-fisa.html EPIC: Foreign Intelligence Surveillance Act Court Orders 1979-2011 http://epic.org/privacy/wiretap/stats/fisa_stats.html EPIC: Foreign Intelligence Surveillance Act (FISA) http://epic.org/privacy/terrorism/fisa/ ======================================================================== [6] News in Brief ======================================================================== EPIC to US Trade Rep: Keep Privacy Off the Table in EU Agreement EPIC has submitted comments to the US Trade Representative on the Transatlantic Trade and Investment Partnership (TTIP), a proposed trade agreement between the US and the European Union. EPIC's comments recommend that the TTIP negotiations exclude consumer privacy and data policy, because "trade agreements are not the appropriate mechanism for determining international privacy standards." Mindful of the US' Consumer Privacy Bill of Rights and the EU's General Data Protection Regulation, EPIC also cautioned the USTR that prior attempts to harmonize existing privacy regulations across borders had not ended well. EPIC also urged the USTR to ensure that consumers are given the highest level of privacy protections, and recommended that drafts of negotiating texts be made publicly available; previous negotiating documents in similar trade agreement negotiations have been kept secret. EPIC has recently embarked on a new FOIA project to obtain information about the statements of US officials who participate in international negotiations concerning privacy and data protection. EPIC: Comments to US Trade Representative on TTIP (May 10, 2013) http://epic.org/privacy/ttip/EPICTTIPCommentsFINAL.pdf Federal Register: Request for Comments on TTIP (Apr. 1, 2013) http://www.gpo.gov/fdsys/pkg/FR-2013-04-01/pdf/2013-07430.pdf The White House: Consumer Privacy Bill of Rights (Feb. 2012) http://www.whitehouse.gov/sites/default/files/privacy-final.pdf EU: General Data Protection Regulation (Nov. 2012) http://epic.org/redirect/051713-eu-general-data-protection.html Public Citizen: Analysis of TTIP Text (Jun. 13, 2012) http://www.citizen.org/documents/Leaked-TPP-Investment-Analysis.pdf EPIC: Transatlantic Trade and Investment Partnership http://epic.org/TTIP.html EPIC: Open Government http://epic.org/open_gov/ Court Permits Police Use of Phony Cell Phone Tower A federal court in Arizona has denied a motion to suppress evidence gathered by "StingRay" surveillance technology. The court held in US v. Rigmaiden that federal investigators did not violate the defendant's Fourth Amendment rights, and similarly held that the government's use of a cell site simulator, or StingRay, device was supported by a "mobile tracking device" warrant. EPIC recently argued that users have a reasonable expectation of privacy in the location of their mobile devices, and has also received hundreds of pages of FOIA documents related to the FBI's use of StingRay technology. AZ Court: Motion to Suppress Evidence in US v. Rigmaiden (May 8, 2013) http://epic.org/foia/fbi/stingray/Rigmaiden-Suppression-Order.pdf EPIC: Item on EPIC Testimony in State v. Earls (Jan. 28, 2013) http://epic.org/2013/01/epic-to-argue-for-location-pri.html EPIC: EPIC v. FBI - Stingray / Cell Site Simulator http://epic.org/foia/fbi/stingray/ EPIC: State v. Earls http://epic.org/amicus/location/earls/ Coalition of Organizations Call for Greater Accountability for E-Verify More than 40 organizations across the political spectrum have urged Congress to reduce the error rate for the employment verification system "E-Verify." A bill now pending in Congress will mandate employer verification of all employees' eligibility to work in the United States. In testimony before Congress in 2007, EPIC warned of inaccurate employment determinations in the E-Verify system, and cautioned both against straining the resources of the Social Security Administration and the aggregation of employment data into a central location, which could create "the possibility that the information could be used for unintended purposes, such as long-term tracking of individuals and identity theft." In June 2011, EPIC filed comments with the Department of Homeland Security in opposition of E-Verify's proposed expansion. ACLU et al.: Letter to Congress re: E-Verify (May 3, 2013) http://epic.org/redirect/051713-coalition-everify-letter.html EPIC: Testimony Before US House on E-Verify (June 2007) http://epic.org/privacy/ssn/eevs_test_060707.pdf EPIC et al.: Comments to DHS on E-Verify (Jun. 8, 2011) http://epic.org/redirect/051713-epic-dhs-everify-comments.html EPIC: E-Verify and Privacy http://epic.org/privacy/e-verify/ EPIC: Spotlight on Surveillance - E-verify System http://epic.org/privacy/surveillance/spotlight/0707/ EU Groups Launch "Naked Citizens Campaign" to Safeguard Privacy Objecting to business efforts to block updates to European Union data protection laws, a coalition of European Internet rights, freedom, and privacy organizations called "European Digital Rights" has launched the "Naked Citizens" campaign. According to the coalition, "The campaign is a response to the unprecedented lobbying from tech companies, the US Government and the advertising industry. . . to use personal information in opaque, unaccountable ways." European Digital Rights has published a report called "Don't let corporations strip citizens of their right to privacy", which advocates for stronger data protection rights. Earlier in 2013, US consumer organizations including EPIC expressed support for efforts to modernize EU privacy law. EPIC also supports US ratification of the Council of Europe Privacy Convention. European Digital Rights: "Naked Citizens Campaign" https://www.nakedcitizens.eu/ European Digital Rights: Consumer Privacy Manifesto (2013) http://epic.org/redirect/051713-eu-naked-citizens.html EPIC et al.: Letter to US Officials re: EU Privacy Law (Feb. 4, 2013) http://epic.org/privacy/intl/NGOs-to-US-Gov-re-EU-US-Privacy.pdf EPIC: EU Data Protection Directive http://epic.org/privacy/intl/eu_data_protection_directive.html EPIC: Council of Europe Privacy Convention http://epic.org/privacy/intl/coeconvention/ White House Launches Open Data Project President Obama has issued a Executive Order and memorandum outlining the administration's new "Open Data Policy." According to the White House, the policy's goal is to make information "accessible, discoverable, and usable by the public" and to "promote interoperability and openness." The Executive Order states that agencies should also "safeguard individual privacy, confidentiality, and national security." Simultaneously, the White House has launched Project Open Data, a collection of code, tools, and case studies to help agencies adopt the open data policy. A new article in Foreign Policy Magazine, "Think Again: Big Data", raises provocative questions about the actual value of "Big Data." The White House: Executive Order on New Open Data Policy (May 9, 2013) http://epic.org/redirect/051713-whitehouse-open-data.html OMB: Memorandum on Open Data Policy (May 9, 2013) http://epic.org/redirect/051713-omb-open-data-memorandum.html The White House: Project Open Data http://project-open-data.github.io/ Foreign Policy Magazine: "Think Again: Big Data" (May 2013) http://epic.org/redirect/051713-foreign-policy-big-data.html EPIC: Open Government http://epic.org/open_gov/ EPIC: Privacy Act http://epic.org/privacy/1974act/ Senate Confirms Chairman of Privacy and Civil Liberties Oversight Board The US Senate has voted to confirm David Medine as the Chairman of the Privacy and Civil Liberties Oversight Board (PCLOB), an agency established to review Executive Branch actions and to protect privacy and civil liberties after 9/11. EPIC had urged the creation of an independent privacy agency after 9/11, including in testimony before the House in 2003. At PCLOB's first meeting in 2012, EPIC set out several priorities for the agency, including (1) suspension of the fusion center program; (2) limitations on CCTV surveillance; (3) removal of airport body scanners; (4) establishing privacy regulation for drones; (5) updating data disclosure standards, and (6) ensuring Privacy Act adherence. US Senate: Vote on David Medine Confirmation (May 7, 2013) http://epic.org/redirect/051713-senate-vote-medine-pclob.html Congressional Research Service: PCLOB Agency Status (Aug. 27, 2012) http://www.fas.org/sgp/crs/misc/RL34385.pdf EPIC: Testimony before US House on Terrorism and Privacy (Dec. 2003) http://epic.org/privacy/terrorism/911commtest.pdf EPIC: Statement for the Record on PCLOB (Oct. 23, 2012) http://epic.org/privacy/1974act/EPIC-PCLOB-Statement-10-12.pdf EPIC: The 9/11 Commission Report http://epic.org/privacy/terrorism/911comm.html EPIC: "The Sui Generis Privacy Agency" http://epic.org/epic/ssrn-id933690.pdf%E2%80%8E Privacy Journal Publishes 2013 Compilation of Privacy Laws Privacy Journal's "Compilation of State and Federal Privacy Laws, 2013 Edition" is now available for sale at $35 including postage. This new book replaces the 2002 book and all subsequent supplements in one consolidated 80-page hard copy edition. The book's ISBN is 9780930072568. An electronic (PDF) edition is also available for $26.50, including computer storage and search by keyword and locality. Price is $51 when the hard and electronic copies are purchased together. Discounts for five or more units ordered at one time. Privacy Journal welcomes credit cards, Paypal, checks, direct deposit and phone orders. The 2013 edition includes new privacy laws on employer and university demands for social-media passwords, employer use of credit reports, tracking technologies, state restrictions on use and disclosure of Social Security numbers, plus updated chapters on credit reporting, medical, financial, testing in employment, insurance, government information, and much more, grouped by categories and listed alphabetically by state. Descriptions of US federal and Canadian laws are also included. Privacy Journal: "Compilation of State and Federal Privacy Laws" http://epic.org/redirect/051713-pj-2013-privacy-laws.html Privacy Journal http://privacyjournal.net ======================================================================== [7] EPIC in the News ======================================================================== "Lockheed Martin announces NGI Increment 3 deployment, includes National Palm Print System." BiometricUpdate.com, May 15, 2013. http://www.biometricupdate.com/201305/lockheed-martin-announces- ngi-increment-3-deployment-includes-national-palm-print-system/ "US-EU Free Trade Talks Shouldn't Touch Privacy, EPIC Says." Law360.com, May 13, 2013. http://www.law360.com/internationaltrade/articles/441030/us-eu- free-trade-talks-shouldn-t-touch-privacy-epic-says "LinkedIn Updates Privacy Policy to Let In Advertisers." The Motley Fool, May 11, 2013. http://www.fool.com/investing/general/2013/05/11/linkedin- updates-privacy-policy-to-let-in-advertis.aspx "Networking Bill would put mobile app vendors on the hook for privacy in US." ComputerWorld UK, May 10, 2013. http://www.computerworlduk.com/news/networking/3446597/bill-would- put-mobile-app-vendors-on-the-hook-for-privacy/ "The Nation's First Privacy Goalie." Bloomberg BNA, May 8, 2013. http://www.bna.com/nations-first-privacy-b17179873870/ "How to Have a Constructive Discussion About Drones: A Future Tense Event Recap." Slate, May 7, 2013. http://www.slate.com/blogs/future_tense/2013/05/07 future_tense_ event_recap-how_to_have_a_constructive_discussion_about_domestic. html "Third Amendment constrains military cyber operation, argues EPIC lawyer." FierceGovernmentIT, May 5, 2013. http://www.fiercegovernmentit.com/story/third-amendment- constrains-military-cyber-operation-argues-epic-lawyer/2013-05-05 utm_campaign=SocialMedia "Police, Politicians Nationwide Push Surveillance Post-Boston." CBS Local, May 2, 2013. http://washington.cbslocal.com/2013/05/02/police-politicians- nationwide-push-surveillance-post-boston/ "Groups criticize FBI plan to require Internet backdoors for wiretaps." Computerworld, May 1, 2013. http://news.idg.no/cw/art.cfm?id=D04960A9-F347-6955-2445F78FD933D55A "Uncertainties Remain as FAA Integrates Drones into American Skies." TruthOut, Apr. 30, 2013. http://www.truth-out.org/news/item/16094-uncertainties-remain-as- faa-integrates-drones-into-american-skies For More EPIC in the News: http://epic.org/news/epic_in_news.html ======================================================================== [8] Book Review: 'Deep State' ======================================================================== "Deep State: Inside the Government Secrecy Industry," Marc Ambinder and D.B. Grady http://epic.org/redirect/051713-deep-state-ambinder-grady.html In "Deep State," journalists Marc Ambinder and D.B. Grady pull back the opaque layers of the US government's post-9/11 massive secrecy industry. "Deep State" exposes the machinery of government secrecy through a number of recently revealed operations and secret programs, including the raid that killed Osama Bin Laden; Stuxnet, the Internet virus that disrupted Iranian centifuges; and the targeted killing drone program that killed radical cleric and American citizen Anwar al-Awlaki. Ambinder and Grady use these high-profile events to discuss why and how government secrets are created, and why and how they are leaked. According to the authors, leaks are fueled by a shadowy world of overclassification, itself the product not only of the huge and growing amount of classified information, but also a confusing swath of agencies and programs that obfuscate how much money is being spent on intelligence related-projects, or even what those projects are. With such a large secrecy industry involving so many different players and their various motivations, "Deep State" suggests security leaks are nearly inevitable. Although "Deep State" occasionally comes across as defending the US government's secrecy industry and secret actions, it can also be critical. The authors clearly have tried to strike a balance between the two. For example, Ambinder and Grady use the Office of the Secretary of Defense's Special Capabilities Office (OSD/SCO) as an illustration of a government organization set-up designed to elude accountability to Congress. According to the book, the purpose of OSD/SCO is to rapidly solve technological problems, then push out those solutions to intelligence agencies without dealing with the bureaucratic oversight that slows the process down. The nature of organizations like OSD/SCO, the authors suggest, "raises questions about the concentrated, unexamined exercise of executive power" on one side and the "hapless bureaucracy . . .incapable of keeping pace with the needs of the intelligence community" on the other. "Deep State" is a formidable overview of the secrecy industry that will leave readers with a better understanding for the reasons, both good and ill, behind the US's massive secrecy industry. --Jeramie D. Scott ================================ 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 ======================================================================= EPIC Champion of Freedom Awards Dinner. 3 June 2013, Washington, DC. For More Information: http://epic.org/june3. 2013 Health Privacy Summit, 5-6 June 2013, Washington, DC. For More Information: http://www.healthprivacysummit.org/events/2013-health- privacy-summit/event-summary-1bfa9be80d364092aeed1a8803377fa8.aspx. 22nd Annual Computers, Freedom, & Privacy Conference. 25-26 June 2013, Washington, DC. For More Information: Contact Chris Calabrese at ccalabrese@dcaclu.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 other databases) our mailing list or require your actual name. In the event you wish to subscribe or unsubscribe your e-mail address from this list, please follow the above instructions under "subscription information." ======================================================================= About EPIC ======================================================================= The Electronic Privacy Information Center is a public interest research center in Washington, DC. It was established in 1994 to focus public attention on emerging privacy issues such as the Clipper Chip, the Digital Telephony proposal, national ID cards, medical record privacy, and the collection and sale of personal information. EPIC publishes the EPIC Alert, pursues Freedom of Information Act litigation, and conducts policy research. For more information, see http://www.epic.org or write EPIC, 1718 Connecticut Ave. NW, Suite 200, Washington, DC 20009. +1 202 483 1140 (tel), +1 202 483 1248 (fax). ======================================================================= Donate to EPIC ======================================================================= If you'd like to support the work of the Electronic Privacy Information Center, contributions are welcome and fully tax-deductible. Checks should be made out to "EPIC" and sent to 1718 Connecticut Ave. NW, Suite 200, Washington, DC 20009. Or you can contribute online at: http://www.epic.org/donate Your contributions will help support Freedom of Information Act and First Amendment litigation, strong and effective advocacy for the right of privacy and efforts to oppose government and private-sector infringement on constitutional values. Thank you for your support. ======================================================================= Subscription Information ======================================================================= Subscribe/unsubscribe via web interface: http://mailman.epic.org/mailman/listinfo/epic_news Back issues are available at: http://www.epic.org/alert The EPIC Alert displays best in a fixed-width font, such as Courier. ------------------------- END EPIC Alert 20.09------------------------