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Subject: [EPIC NEWS] EPIC Alert 17.22
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E P I C A l e r t
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Volume 17.22
November 9, 2010
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Published by the
Electronic Privacy Information Center
(EPIC)
Washington, D.C.
"Defend Privacy.
Support EPIC."
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Table of Contents
=======================================================================
[1] In Opening
Brief, EPIC Urges Court to Suspend Body Scanner Program
[2] Public Voice
Hosts Civil Society Privacy Conference in Jerusalem
[3] EPIC Urges
Support for Comprehensive Data Protection Framework
[4] FTC Closes
Non-investigation of Google Street View
[5] EPIC Releases
2010 E-Deceptive Campaign Practices Report
[6] News in Brief
[7] EPIC Book
Review: "The Great Decision"
[8] Upcoming
Conferences and Events
TAKE ACTION: Stop
Airport Strip Searches!
- JOIN Facebook
Group "Stop Airport Strip Searches" and INVITE Friends
- DISPLAY the
IMAGE http://thepublicvoice.org/nakedmachine.jpg
- SUPPORT EPIC http://www.epic.org/donate/
=======================================================================
[1] In Opening
Brief, EPIC Urges Court to Suspend Body Scanner Program
=======================================================================
EPIC has filed
the opening brief in EPIC v. DHS, No, 10-1157, a case
that challenges
the unilateral decision of the TSA to make body scanners
the primary
screening technique in U.S. airports. Three frequent air
travelers are
joining EPIC in the lawsuit: security expert Bruce
Schneier, human
rights activist Chip Pitts, and the Council on
American-Islamic
Relations legal counsel Nadhira Al-Khalili.
The Petitioners
are seeking the suspension of the body scanner program.
The opening brief
alleges violations of several federal statutes,
including the
Administrative Procedure Act, the Privacy Act, the Video
Voyeurism
Prevention Act, the Religious Freedom Restoration Act. EPIC
also asserts that
the program violates the Fourth Amendment, as the body
scanners are
highly invasive and are applied to all air travelers
without any
regard to suspicion.
In its brief,
EPIC argues that the Department of Homeland Security "has
initiated the
most sweeping, the most invasive, and the most
unaccountable
suspicionless search of American travelers in history."
EPIC further
argues that the Transportation Security Administration
"must comply
with relevant law, and it must not be permitted to engage
in such a
fundamental change in agency practice without providing the
public the
opportunity to express its views."
Consumer advocate
Ralph Nader expressed his support, saying, “The EPIC
lawsuit
challenging the TSA full body scanner program should sound
alarms for
Airlines.” Nader cautioned Airline CEOs “to pay more
attention to the
growing passenger complaints regarding the
ineffectiveness,
privacy-invading and safety risks of these machines.”
Nader added, “the
airlines are sure to lose passengers on trips under
500 miles if the
use of these devices continues.”
Libertarian Party
Chair Mark Hinkle offered his support, "The TSA should
end the
strip-search machine program immediately. We've reached a point
where our
government has no qualms about humiliating us." Mr. Hinkle
expressed support
for the EPIC lawsuit aimed at suspending the body
scanner program.
Mr. Hinkle further said, "We encourage Americans to
call their
newly-elected members of Congress and tell them that they
don't want this
expensive, worthless, intrusive, unconstitutional
program."
EPIC v. DHS, No,
10-1157
EPIC: EPIC v. DHS
(Suspension of Body Scanner Program)
EPIC: Whole Body
Imaging Technology
EPIC v. DHS
(Freedom of Information Act)
=======================================================================
[2] Public Voice
Hosts Civil Society Privacy Conference in Jerusalem
=======================================================================
On October 25,
2010 the Public Voice hosted, "Next Generation Privacy
Challenges and
Opportunities" in Jerusalem, Israel. This event was held
in conjunction
with the 32nd International Conference of Data Protection
and Privacy
Commissioners from Oct. 27-29th in Jerusalem. Following the
Public Voice
event, the Organization for Economic Cooperation and
Development held
a symposium to celebrate the
30th anniversary
of the OECD Privacy Guidelines.
The conference in
Jerusalem reviewed progress on the Madrid Declaration
and examined
topics such as airport full body scanners, biometric
identity systems,
and the establishment of international frameworks for
privacy
protection. The conference was co-sponsored by the Israeli Law,
Information, and
Technology Authority.
Civil Society
representatives from 20 countries participated, including
the Palestinian
Peace Society, Association for Civil Rights in Israel,
Consumers Korea,
Interfaith Encounter, Privacy International, Electronic
Frontier
Foundation, and the Australian Privacy Foundation. Leading
privacy officials
from Canada, Mexico, Spain, the European Union, and
the European
Parliament also participated. Lillie Coney, Associate
Director of The
Electronic Privacy Information Center, chaired the
event.
EPIC established
the Public Voice Coalition was established in 1996
to promote public
participation in
decisions
concerning the future of the Internet. The Public Voice has
pursued issues
ranging from privacy and freedom of expression to
consumer
protection and Internet governance.
Through
international conferences, reports, and funding for travel, the
Public Voice
project seeks to increase the presence of Non-Governmental
Organizations at
meetings across the globe. In cooperation with the
OECD, UNESCO, and
other international organizations, the
Public Voice
brings civil society leaders face to face with government
officials for
constructive engagement about current policy issues.
Public Voice
events have been held in Buenos Aires, Cape Town, Dubai,
Hong Kong,
Honolulu, Kuala Lumpur, Ottawa, Paris, Washington, and
Wroclaw.
Public Voice
Public Voice
Jerusalem Conference
32nd Int'l
Conference of Data Protection and Privacy Commissioners
OECD Symposium
=======================================================================
[3] EPIC Urges
Support for Comprehensive Data Protection Framework
=======================================================================
Appearing before
the European Parliament in Brussels, EPIC President
Marc
Rotenberg urged the adoption of a comprehensive framework
to protect the
flow of personal data between the United States and the
European Union.
Citing the growing concern about the misuse of sensitive
data and the
absence of effective legal remedies, Mr. Rotenberg said it
was time for the
U.S. and the EU to develop an effective legal framework
that would
safeguard the rights of citizens and the users of
Internet-based
services.
EPIC has
previously supported the Madrid Privacy Declaration and the
Council of Europe
Privacy Convention as good models for international
privacy
frameworks. In the Madrid Privacy Declaration, civil society
groups pressed
countries that have not yet ratified the Council of
Europe Convention
to do so because “privacy is a fundamental human
right…[and] in
the 21st century, it may become one of the most critical
human rights of
all.”
The Madrid
Privacy Declaration reminds the European Union member
countries and
Organization for Economic Co-operation and Development
member countries
of their obligations to protect the civil rights of
their citizens
under national constitutions and laws. The Declaration
urges countries
to develop means of properly implementing and enforcing
legal frameworks
that take full account of new surveillance practices
and ensure that
individuals are notified after a data breach has
occurred. The
Declaration recommends further research into the
effectiveness of
data anonymous techniques.
In past comments
to the Council of Europe Privacy Convention, EPIC urged
the strengthening
of legal protection of individuals with regard to
automatic
processing of personal information in the context of
profiling.
EPIC has both recommended the adoption of privacy-enhancing
technologies to
protect individuals and advised the Committee to adopt
legal frameworks
that will ensure individuals are able to freely
exchange
information without risk that improper profiles will be
established. EPIC
also advised the Committee to guard against the
unauthorized
disclosure or misuse of information, and to protect the
data, hardware
and software against physical hazards.
European
Parliament
Marc Rotenberg,
Testimony in European Parliament (October 26, 2010)
The Madrid
Privacy Declaration, November 3, 2009
EPIC: Comments to
the Council of Europe (June 1-4, 2010)
=======================================================================
[4] FTC Closes
Non-investigation of Google Street View
=======================================================================
The Federal Trade
Commission has sent a letter to Google, ending an
investigation
that never began. In a letter to Google's law firm, David
Vladeck, director
of the Bureau of Consumer Protection at the FTC,
explained that
while he has "concerns" about Google's "internal review
process,"
the agency is satisfied by steps Google has taken and
"assurances"
Google has made to the agency. EPIC has requested documents
from the FTC
under the Freedom of Information Act to determine the scope
of inquiry and
the reason it was ended.
In May, the
Federal Trade Commission was asked by members of Congress to
investigate
Google's secretive collection of Wi-Fi data as part of
Street View, a
mapping program characterized by the collection of
digital imagery.
In the letter, the Representatives asked the FTC
whether Google's
actions "form the basis of an unfair or deceptive act
or practice that
constitutes harm to consumers" and whether Google's
actions are
"illegal under federal law." No response by the FTC to this
letter can be
found on the Congressmen's website. In addition, the
Federal Trade
Commission never pursued an independent investigation of
Street View,
examined the data collected by Google in the United States,
or even
acknowledged the findings of other agencies.
In a letter to
the FCC, EPIC
further explained
that Google's conduct likely violated federal wiretap
laws and the U.S.
Communications Act, and urged the FCC to investigate.
The FCC has not
done so thus far.
Several countries
have investigated Google's Wi-Fi data collection and
issued findings
that Google violated their laws, including the U.K,
Germany, Spain,
and Canada. Other countries, such as France and Italy,
are still
investigating. Additionally, Connecticut Attorney General
Richard
Blumenthal announced that 38 states and the District of Columbia
are seeking
additional information about Google's collection of Wi-Fi
data from
private, residential computer networks.
Following these
investigations, Google was forced to admit that it had
been collecting
Wi-Fi data for three years, and that it had collected
full emails,
passwords, and URLs. Google has ceased the collection of
Wi-Fi data by its
Street View cars.
FTC: Letter to
Google (October 27, 2010)
Letter from
Markey and Barton to FTC (May 19, 2010)
EPIC: Letter to
FCC (May 21, 2010)
Connecticut
Attorney General Announcement
EPIC: Google
Street View
Google: Street
View
=======================================================================
[5] EPIC Releases
2010 E-Deceptive Campaign Practices Report
=======================================================================
EPIC has released
the 2010 update
to
"E-Deceptive Campaign Practices Report: Technology & Democracy
2.0",f irst
published in 2008. The report reviews the potential for abuse
of Internet-based
technology in the election context and recommends
steps that should
be taken by Election Administrators, voters, and those
involved in
Election Protection efforts to guard against those abuses.
Deceptive
campaigns are attempts to misdirect targeted voters regarding
the voting
process for public elections. Historically, deceptive
campaign
practices have been aimed at reducing voter participation among
low-income, minority,
young, disabled, and elderly voters. Examples of
deceptive
election practices can include false statements about polling
times, date of
the election, voter identification rules, or the
eligibility
requirements for voters who wish to cast a ballot.
E-Deceptive
campaign practices involve the manipulation or deployment of
Internet-based
technologies, such as search engine results, VoIP (Voice
over Internet
Protocol), and online behavioral targeting, to discourage
voter
participation. Each section of the report addresses how a
particular
Internet based technology can be abused and provides
recommendations
for defending against that abuse. The report also
provides contact
information for voters to determine the rules governing
voting
requirements in their states as well as to report instances of
voter
suppression.
In 2010, millions
of new voters are engaging in the voting process
through the
Internet, increasing the potential for incidents of
e-deceptive
campaign tactics. The use of new technology for deceptive
campaign tactics
significantly increases the number of potential
victims. Further,
the ability to identify a deceptive campaign may be
more difficult
because of the very nature of Internet communications and
social networking
services. The best defense against these tactics is to
be prepared with
accurate information about election participation and
be able to
deliver it to those who need it.
E-Deceptive
Campaign Practices Report: Technology & Democracy 2.0
EPIC: Voting
=======================================================================
[6] News In Brief
=======================================================================
EPIC Releases
Litigation Under the Federal Open Government Laws 2010
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
fully updated
2010 volume is the 25th edition of the manual that
lawyers,
journalists and researchers have relied on for more than 25
years. Litigation
Under the Federal Open Government Laws is published by
EPIC in
cooperation with Access Reports and the James Madison Project.
The book draws
upon the expertise of practicing attorneys who are
recognized
experts in the field. The publication features a foreword by
Senator Patrick
Leahy and has been endorsed by the Federation of
American
Scientists' Steve Aftergood.
Electronic
Privacy Information Center
Cornell
University Law School: Freedom of Information Act
EPIC: FOIA 2010
EPIC Receives
Department of Energy Smart Grid Documents
EPIC has received
documents from the Department of Energy in response to
a Freedom of
Information Act Request regarding documents that relate to
the Department's
Smart Grid Investment Grant Program. The Program
intended to
accelerate the country's transition to a modern electric
transmission and
distribution system by promoting investment in smart
grid technology.
The Program seeks to accomplish this goal through
competitive
grants, whereby the Department will provide up to 50% of the
cost for new
projects implementing the smart grid. As part of the grant
process, the
Department required applicants to submit a Project Plan
describing how
the project would address cybersecurity concerns. EPIC
received the
evaluation criteria used by the Department to assess these
cybersecurity
plans, as well as the actual plans themselves from grant
applicants.
Smart Grid
Investment Grant Program Announcement
EPIC: Smart Grid
FOIA Request
EPIC: Smart Grid
China Census
Fends With Population's Rising Sense of Privacy
The Chinese
government is facing popular resistance after dispatching
six million
census workers to track economic, geographic, and
demographic
changes in its domestic population. The census will focus
on detailing the
number of migrant workers and pinning down families who
have violated the
government's one-child law. Multiple press sources
report a growing
sense of privacy in the ranks of average Chinese
citizens, which
is leading individuals to refuse to cooperate with
census workers.
In order to ease anxiety about government incursions
into the
citizenry's private matters, the government claims that it will
reduce the fine
for violators of the controversial policy, and this
year's census
will not document taxable income.
EPIC Privacy and
Human Rights Report
EPIC: The Census
and Privacy
EPIC:
International Privacy Standards
EPIC: Privacy and
the 2008 Olympic Summer Games
Privacy.org: Resources
National Bureau
of Statistics of China
Information
Commissioner Finds Google Violated UK Privacy Laws
British officials
announced that Google violated UK data protection laws
when the
company's Street View cars collected Wi-Fi data from private
wireless
networks. In lieu of a fine, Google UK will undergo an audit
and must sign a
commitment to ensure that data protection breaches do
not happen again.
UK Information Commissioner stated, "the collection of
this information
was not fair or lawful and constitutes a significant
breach of the
first principle of the Data Protection Act." EPIC is
requesting
documents from the US Federal Trade Commission under the
Freedom of
Information Act to determine why the agency ended the US
inquiry into
Google Street View, even after members of Congress urged a
comprehensive
investigation.
Information
Commissioner's Office: Press Release
FTC: Letter to
Google
EPIC: Street View
Letter from Markey
and Barton to FTC (May 19, 2010)
EPIC Joins Debate
on CALEA 2.0 in Harvard Security Journal
EPIC President
Marc Rotenberg participated in the Harvard National
Security Journal
forum on "Concerns about Wiretapping the Internet." The
discussion
addresed security and privacy issues regarding the proposed
Internet
monitoring legislation. Other participants included Susan
Landau, a fellow
at the Radcliffe Institute for Advanced Study at
Harvard
University and a former Sun Distinguished Engineer, and John
Palfrey, Henry N.
Ess Professor of Law and Vice Dean for Library and
Information
Resources at Harvard Law School, as well as the faculty
co-director of
the Berkman Center for Internet & Society at Harvard
University. EPIC
is pursuing a FOIA request for the details of the
proposal.
NSJ Forum:
Concerns about Wiretapping the Internet
Marc Rotenberg,
"Surveillance Over Security - The Risk of a Wiretap
Friendly
Internet"
=======================================================================
[7] EPIC Book
Review: "The Great Decision"
=======================================================================
"The Great
Decision: Jefferson, Adams, Marshall, and the Battle for the
Supreme
Court," Cliff Sloan, David McKean
Cliff Sloan and
David McKean's new book, The Great Decision, delivers a
compelling
depiction of the ambitious rivalries driving the pre-eminent
power players who
influenced and decided the 1803 case Marbury v.
Madison. The
authors give modern policy wonks a unique opportunity to
relate to
previous generations of Americans struggling to prioritize the
long-term
stability of their country over the myopic, partisan rhetoric
of the moment.
In Marbury, which
established the judiciary's prerogative to overturn
legislation, the
Supreme Court answered one of the most fundamental
structural
questions posed by democratic governance: what result when
the
democratically controlled branches contradict the Constitution? The
right result in
1803, as now, was that the Constitution prevails.
The Great
Decision draws out the difficulty in reaching this result,
partially due to
a din of boundary-blurring civic discourse. The
partisan clamor
it describes resembles today's talk show squabbles about
interventionist
judges and public sector bureaucrats. What's worse is
that chief among
the ideologues repulsed by the Court's decision to hear
the case was an
office holder and the Defendant: Secretary of State
James Madison,
who went so far as to instruct Attorney General Levi
Lincoln not even
to file or argue in his defense.
Sloan and
McKean's portrayal of Chief Justice Marshall's crafty response
illustrates that
judging is both a legal craft and an ongoing campaign.
Marshall was a
savvy, if jovial, political figure interested in
developing the
Court's authority and stature: he knew that the Court's
strength was its
objectivity – its capacity to transcend political
slogans and
instead delve into explorations of the country's fundamental
principles and
values.
Marshall used
this to his great advantage in drafting the final opinion
in Marbury. He
sharply rebutted and then dismissed warnings from the
Jefferson White
House not to "intermeddle" in executive affairs. As
Marshall put it,
"The province of the court is, solely, to decide on the
rights of
individuals, not to enquire how the executive, or executive
officers, perform
duties in which they have discretion." In our
country's finest
moments, this universal proposition has been shown to
withstand the
test of time.
By weaving
through a great number of important debates at the turn of
the 18th century,
The Great Decision ultimately melds keen historical
insight with a
forceful defense of the American system of checks and
balances. The
take home is two fold: first, the judiciary's proper role
is to maintain
the rule of law. Second, the storied lineage of Justices
making subtle,
incremental, yet productive efforts to protect that role
deserves our
respect and admiration.
-- Conor Kennedy
================================
EPIC
Publications:
"Litigation
Under the Federal Open Government Laws 2010," edited by
Harry A. Hammitt,
Ginger McCall, Marc Rotenberg, John A. Verdi, and
Mark S. Zaid
(EPIC 2010). Price: $75.
"The EPIC
FOIA litigation manual will help ensure that those who are
pursuing open
government requests understand their rights, and the best
strategies to
pursue their requests."
- Senator Patrick
Leahy
"Deserves a
place in the library of everyone who is involved in, or
thinking about,
litigation under the Freedom of Information Act."
- Steve
Aftergood, Federation of American Scientists
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
fully updated
2010 volume is the 25th edition of the manual that
lawyers,
journalists and researchers have relied on for more than 25
years.
Litigation Under
the Federal Open Government Laws is published by EPIC
in cooperation
with Access Reports and the James Madison Project. The
book draws upon
the expertise of practicing attorneys who are recognized
experts in the
field.
For those who litigate
open government cases, or need to learn how to
litigate them,
this is an essential reference manual.
You can purchase
EPIC's 2010 FOIA Manual through Amazon.
================================
"Information
Privacy Law: Cases and Materials, Second Edition" Daniel
J. Solove, Marc
Rotenberg, and Paul Schwartz. (Aspen 2005). Price: $98.
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.
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.
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.
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.
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,
crypto and governance can be ordered at:
EPIC 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:
=======================================================================
[8] Upcoming
Conferences and Events
=======================================================================
"2010
Administrative Law Conference." American Bar Association, Capital
Hilton,
Washington D.C., 4-5 November 2010. For More Information:
"Broadband
Networks and Smart Grid at the Crossroad Between ICT &
Energy."
Columbia Business School, New York, New York, 3 December 2010.
For More
Information:
"Computers,
Privacy, and Data Protection Conference European Data
Protection: In
Good Health?" Brussels, Belgium, 25-28 January 2011. For
More Information:
http://www.cpdpconferences.org/.
"The Tenth
Workshop on Economics of Information Security." The George
Mason University,
14-15 June 2011. For More Information:
"Computers,
Freedom, and Privacy 2011." Georgetown Law Center,
Washington D.C.,
14-16 June 2011. For More Information:
=======================================================================
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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).
=======================================================================
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Your
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Thank you for
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END EPIC Alert 17.22 ------------------------