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• EPIC Applauds FTC SpyFone Ban, Urges Similar Remedies in Future Privacy Cases: EPIC has filed comments with the Federal Trade Commission asking the agency to finalize a proposed Consent Order that would permanently ban SpyFone from the surveillance business and require the stalkerware company to delete the personal data that it stole. According to an FTC complaint, SpyFone sold surveillance tools that would allow purchasers to install software on another person’s device and surveil their victim surreptitiously. SpyFone also lied about its data security practices and its response to a 2018 data breach. Under a settlement announced by the FTC, SpyFone would be required to notify all affected users, delete any illegally collected personal information, and permanently refrain from selling, licensing, or marketing monitoring products in the future. In its comments, EPIC urged the FTC to finalize the proposed order and to impose similar requirements and bans in the future to protect consumer privacy. EPIC has frequently challenged the FTC over its failure to address consumer privacy harms and has long advocated for the creation of a U.S. Data Protection Agency. EPIC also published a report on the FTC’s unused statutory authorities, What the FTC Could Be Doing (But Isn't) to Protect Privacy, in June. (Oct. 8, 2021)
• EPIC, Coalition Call on Retailers to Ban Facial Recognition in Stores: EPIC and a coalition of privacy and civil liberties groups are calling for stores to stop using facial recognition technology. The new campaign tracks which major retailers use or are considering using facial recognition and aims to pressure these entities to stop. Corporate use of facial recognition is especially concerning because, according to Sen. Ron Wyden, government agencies are already buying surveillance information from corporations to evade warrant requirements. EPIC has joined a number of coalitions urging a ban on facial recognition including: an international letter opposing the technology, a statement of concerns on police use of FR, and EPIC's Ban Face Surveillance campaign. EPIC recently endorsed legislation that would ban federal law enforcement use of facial recognition and pressure state law enforcement to do the same. (Jul. 14, 2021)
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Competition Executive Order Requires Dept. of Transportation to Address Drone Privacy » (Jul. 9, 2021)
The Executive Order signed today by President Biden addressing competition in the American economy requires the Department of Transportation to address drone privacy. "[G]iven the emergence of new aerospace-based transportation technologies, such as low-altitude unmanned aircraft system deliveries, advanced air mobility, and high-altitude long endurance operations," the Executive Order reads, the Secretary of Transportation shall ensure that the Department of Transportation take action to "facilitate innovation that fosters United States market leadership and market entry to promote competition and economic opportunity and to resist monopolization, while also ensuring safety, providing security and privacy, protecting the environment, and promoting equity." EPIC has long highlighted the privacy and civil liberties implications of aerial surveillance technology and has called on Congress to "establish drone privacy safeguards that limit the risk of public surveillance."
Maine Becomes First State to Enact Statewide Ban on Face Surveillance » (Jun. 30, 2021)
The Maine Legislature has enacted the country's strongest statewide facial recognition law. Maine's new law prohibits public officials and public employees at the state, county and municipal levels from possessing and using facial recognition technology, with extremely limited exceptions. The Maine law includes a private right of action, meaning that individuals may bring a lawsuit if they believe a government agency or official has violated the law. EPIC Board Member Shoshana Zuboff testified in support of the legislation. "An individual’s ability to control access to his or her identity and personal information, including determining when, how, and to what purpose these are revealed, is an essential aspect of personal security and privacy guaranteed by the Bill of Rights," Professor Zuboff said. "The use of facial recognition technology erodes that ability." EPIC has joined a number of coalitions urging a ban on facial recognition including: an international letter opposing the technology, a statement of concerns on police use of FR, and EPIC's Ban Face Surveillance campaign. EPIC recently endorsed legislation that would ban federal law enforcement use of facial recognition and pressure state law enforcement to do the same.
4th Circuit Rules That Baltimore Warrantless Aerial Surveillance Program Violates Fourth Amendment » (Jun. 24, 2021)
The en banc 4th Circuit ruled today that Baltimore's warrantless aerial surveillance program violates the Fourth Amendment because it "enables police to deduce from the whole of individuals' movements[.]" The Aerial Investigation Research program was a public-private partnership with Persistent Surveillance Systems that flew several surveillance planes above Baltimore, capturing detailed video of 32 square miles of the city per second. Using the AIR pilot program, Baltimore Police were able to track individual movements throughout the city for up to 12 hours a day. The pilot program was not renewed at the end of its 6-month term last year. EPIC joined an amicus brief in the case, arguing that under Carpenter v. United States the Baltimore Police Department's ability to track individuals with at least 45 days of flight video augmented by automated license plate reader systems constituted a search. EPIC previously filed an amicus brief in Carpenter v. United States and has long fought to limit drone surveillance and other forms of aerial spying.
In EPIC Suit, DOJ Identifies 182 Location Data Requests in District of Rhode Island from 2016-2019 » (Jun. 21, 2021)
As part of EPIC's ongoing lawsuit for cell phone surveillance orders issued by federal prosecutors, the Department of Justice identified 182 orders and warrants for cell phone location data under § 2703(d) from the U.S. Attorney's Office for the District of Rhode Island from 2016-2019. During the same time period, the office handled 453 criminal cases. The District of Rhode Island is one of the smallest districts in the country. EPIC has previously obtained the number of location data requests for the District of Delaware and the Virgin Islands, two of the five districts that the DOJ has agreed to search for location data requests. EPIC is awaiting responses from two of the agency's other prosecutor's offices and will continue to update its comparative table as remaining districts release more information. Currently, prosecutors do not release any comprehensive or uniform data about their surveillance of cell phone location data. In 2018, the U.S. Supreme Court ruled in Carpenter v. United States that the collection of cell phone location data without a warrant is a violation of the Fourth Amendment. The case is EPIC v. DOJ, No. 18-1814 (D.D.C.).
European Data Protection Authorities Issue Joint Call for Ban on Facial Recognition Across the EU » (Jun. 21, 2021)
In a joint opinion regarding the European Commission's Proposal for Regulation on artificial intelligence, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) called for a ban on the use of "AI for automated recognition of human features in publicly accessible spaces, and some other uses of AI that can lead to unfair discrimination." Europe's two main data protection authorities also critiqued the European Commission for failing to include international law enforcement efforts in the proposed regulations. The joint opinion is the latest in an increasing chorus of calls for a ban on facial recognition. EPIC has joined a number of coalitions urging a ban on facial recognition including: an international letter opposing the technology, a statement of concerns on police use of FR, and EPIC's Ban Face Surveillance campaign. EPIC recently endorsed legislation that would ban federal law enforcement use of facial recognition and pressure state law enforcement to do the same.
EPIC, Coalition Calls for Surveillance Reforms in Response to DOJ Surveillance of Congress and Reporters » (Jun. 18, 2021)
In a coalition letter, EPIC and more than twenty civil society groups called for reforms to surveillance statutes authorizing collection of sensitive information and gag orders. The letter follows recent revelations that the Department of Justice spied on members of Congress and the press by collecting their communications and issued gag orders to hide that surveillance. The coalition also called for a thorough investigation by Congress and the DOJ. EPIC recently endorsed a bill to stop government use of facial recognition and other biometric surveillance tools.
After Meeting with EPIC, DC Council Chairman Seeks More Information About DC-Area Facial Recognition System » (Jun. 10, 2021)
In a DC Council Hearing (video starts at 13:22), Chairman Phil Mendelson asked Metropolitan Washington Council of Government's (MWCOG's) Executive Director Chuck Bean for more information on the soon to be shuttered DC-area facial recognition system. The Chairman's questions were prompted by a meeting with EPIC in which EPIC staff pushed for more disclosures on the MWCOG's role in the creation of a secret facial recognition system used to surveil Black Lives Matter protesters last year. Recently, EPIC joined over 40 other organizations to detail the issues with cops using facial recognition and call for a law enforcement ban on the technology's use.
EPIC, Coalition Call for Global Ban on Biometric Recognition Technologies » (Jun. 7, 2021)
In an open letter, EPIC and a coalition of more than 175 civil society organizations, activists, technologists, and other experts called "for an outright ban on uses of facial recognition and remote biometric recognition technologies that enable mass surveillance and discriminatory targeted surveillance." The letter urges lawmakers around the world to stop public investment in facial recognition, prohibit government and private use of facial recognition in public spaces, and mandate disclosure and reparations to individuals monitored or harmed by biometric mass surveillance systems. The letter identifies one-to-many facial recognition identification (comparing an image to a gallery of identified images) as inherently dangerous to the public because the databases of images enable discriminatory targeted surveillance and the technology itself enables comprehensive public surveillance. EPIC began pushing for a ban in 2019 with the launch of the Ban Face Surveillance campaign and recently joined over 40 other organizations to call for a ban on U.S. law enforcement's use of facial recognition technology.
EPIC, Coalition Call for Ban on Law Enforcement Use of Facial Recognition » (Jun. 3, 2021)
In a statement of concerns, EPIC and a coalition of more than 40 privacy, civil liberties, immigrants rights, and good government groups stated that "the most comprehensive approach to addressing the harms of face recognition would be to entirely cease its use by law enforcement." The statement lists six concerns with police use of the technology that can only be addressed by halting its use. The coalition calls for a moratorium or ban on use of facial recognition and urges Congress to not preempt state or local bans in any federal legislation addressing facial recognition. EPIC recently organized a coalition letter that led to the shutdown of a DC-area facial recognition system previously used on Black Lives Matter protesters. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.
King County, WA Bans Local Government Use of Facial Recognition » (Jun. 2, 2021)
An ordinance passed in King County, Washington bans "any person or entity acting on behalf of a King County administrative office or executive department" fromusing facial recognition technology or information derived from it. The ban includes the King County Sheriffs Department. Seattle's King County is the first county in the nation to ban government use of facial recognition technology. EPIC recently sought records on the US Postal Service's Internet Covert Operations Program use of Clearview AI facial recognition and other surveillance software. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.
EPIC Seeks Privacy Impact Assessment for Postal Service Covert Surveillance Program » (May. 25, 2021)
EPIC, through a Freedom of Information Act request and letter to the USPS Privacy Office, is seeking the required Privacy Impact Assessment for the Internet Covert Operations Program (iCOP) operated by the U.S. Postal Inspection Service. First revealed by Yahoo News in April, the iCOP uses Clearview AI's facial recognition system and a suite of social media monitoring tools to surveil individuals online, including protesters. EPIC also urged the USPS Privacy Office to fully comply with the E-Government Act of 2002 by proactively publishing privacy impact assessments online. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.
Top Human Rights Court Rules UK Mass Surveillance Program Violated Privacy Rights » (May. 25, 2021)
This week, the grand chamber of the European Court of Human Rights issued a final judgement in Big Brother Watch v. UK confirming that the UK's intelligence agency violated the right to privacy by systematically intercepting online communications without first applying necessary safeguards. The agency's mass surveillance program was "not in accordance with [EU] law," which only allows governments to retain data in an effort to combat "serious crime" and requires a court or administrative body to sign off on data collection. The UK law at issue was not limited to serious crime, nor did it require independent authorization; these "fundamental deficiencies" impermissibly increased the "risk of the bulk interception power being abused." Nevertheless, the grand chamber found that the agency's decision to operate a bulk interception program did not itself violate human rights, and the agency's sharing of sensitive digital intelligence with foreign counterparts--including with the NSA--was legal. Several chamber judges believed this ruling did not go far enough to condemn the sharing of wrongfully collected communications with other countries, noting the chamber "missed an excellent opportunity to fully uphold the importance of private life ... when faced with interference in the form of mass surveillance." EPIC has a strong interest in protecting the human right to privacy and has continuously opposed suspicionless mass collection of personal communications by domestic and foreign governments. EPIC participated in this case as a third-party intervenor and filed a brief describing U.S. intelligence authorities that allow the NSA to access the private communications of non-U.S. persons in violation of their rights. EPIC was also chosen by the Irish High Court to make amicus submissions in a case involving the international transfer of data from European servers to the U.S. in violation of E.U. law.
Irish High Court Orders DPC to Move Forward in Facebook Investigation » (May. 14, 2021)
The Irish High Court today issued an order in a follow-on case to Irish Data Protection Commissioner v. Facebook and Schrems ("Schrems II") and, as a result, the investigation into Facebook's U.S.-EU data transfers will move forward. The case arises from a complaint filed with the DPC in Ireland against Facebook by privacy activist Max Schrems in 2013 alleging that the company violated EU law when it transferred personal data to the U.S. (where the company is obliged to provide access to the government). The case has since been referred two separate times to the highest court in Europe (the CJEU), and has led to the invalidation of both the U.S.-EU Safe Harbor Agreement and the U.S.-EU Privacy Shield Agreement. The CJEU in the Schrems II decision last year remanded the case to the Irish DPC to determine whether Facebook violated the law and whether it was necessary to block Facebook's U.S.-EU data transfers. The DPC later issued a Preliminary Draft Decision to Facebook and laid out procedures for the inquiry. Both Facebook and Schrems challenged the DPC procedures. The DPC agreed in a settlement with Schrems that it would complete the investigation into his original complaint. The Irish High Court today rejected Facebook's challenge to the DPC inquiry, and both the Schrems complaint and this new DPC inquiry against Facebook will move forward. EPIC participated as an amicus curiae in Schrems II, arguing that U.S. Surveillance law does not provide adequate privacy protections or remedies for non-U.S. persons abroad.
Surveillance Court Finds FBI Repeatedly Misused FISA Program to Conduct Unlawful Surveillance of Americans » (Apr. 29, 2021)
The Foreign Intelligence Surveillance Court (FISC) recently disclosed an opinion revealing that the FBI has repeatedly misused Section 702 of Foreign Intelligence Surveillance Act (FISA) to gather information in domestic investigations. Section 702 (sometimes referred to as the "PRISM" program) authorizes certain programs of surveillance of private communications for foreign intelligence purposes, without prior court approval, where the surveillance targets non-US persons located abroad. The law has been widely criticized, in part, because of the "backdoor search" loophole that allows domestic law enforcement officials to access Americans' communications without a warrant. The surveillance court previously found that the FBI's procedures for obtaining information through backdoor searches violated the Fourth Amendment. The newly published opinion demonstrates how the FBI has failed to reform these unlawful practices. An audit revealed that the agency searched FISA information 40 times last year while investigating a wide range of purely domestic crimes, including health-care fraud, gang violence, domestic terrorism by "racially motivated violent extremists," and public corruption. Again, the FISC expressed "concern[] about the [FBI's] apparent widespread [Section 702] violations." EPIC has long tracked FISA court orders and advocated for FISA reform. More recently, EPIC filed a Freedom of Information Act lawsuit seeking disclosure of a report concerning FBI use of Section 702 authority for domestic criminal investigations and participated as amicus to address the scope of U.S. surveillance authorities in the Court of Justice of the European Union.
EPIC, Coalition Urge End to DC-Area Facial Recognition System » (Apr. 28, 2021)
In a letter to the Metropolitan Washington Council of Governments, an EPIC-led coalition of privacy, civil liberties, and good government groups urged the Council to end the National Capital Region Facial Recognition System (NCR-FRILS) project and disclose all documents associated with it. In a Washington Post article covering the coalition letter, EPIC Senior Counsel, Jeramie Scott, argued that "facial recognition is a particularly invasive surveillance technology that undermines democracy and First Amendment rights." NCR-FRILS is a facial recognition system used by police departments and government agencies in the DC, Maryland, and Virginia area. The system runs comparisons against a database of 1.4 million local mug shots. The project was never publicly announced and was only revealed during the prosecution of a Black Lives Matter protester last fall. EPIC previously submitted a series of open government requests to police departments in the DC-area seeking more information on the system.
EPIC, Coalition Call for Ban on Corporate Use of Facial Recognition » (Apr. 14, 2021)
In an open letter released today, EPIC and twenty four civil rights and social justice organizations called on elected officials to ban corporate, private, and government use of facial recognition technology, suggesting Portland, OR's recent ban on facial recognition as a model. The letter also urges corporate leaders to ban the technology within their companies. The coalition notes recent uses of facial recognition to monitor workers and instances of wrongful firings when facial recognition systems mis-identified black gig workers. EPIC and a coalition recently urged New York City Council to enact a comprehensive ban on facial recognition. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition gathered support from over 100 organizations and experts from more than 30 countries.
Virginia to Ban Local Police from Using Facial Recognition » (Apr. 9, 2021)
A bill passed in Virginia will ban local law enforcement agencies from using facial recognition technology without prior legislative approval starting July 1, 2021. Even when such approval is given, the bill further requires local police agencies to have "exclusive control" over the facial recognition systems they use, preventing the use of Clearview AI and other commercial FR products. However, Virginia State Police and other state law enforcement agencies may continue to use facial recognition without legislative approval. EPIC and a coalition recently urged New York City Council to enact a comprehensive ban on facial recognition. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition gathered support from over 100 organizations and experts from more than 30 countries.
EPIC, Coalition Urge New York City Council to Enact Comprehensive Ban on Government Use of Facial Recognition » (Mar. 30, 2021)
EPIC and a coalition of civil-rights and community-based organizations submitted a letter to New York City Council Speaker Corey Johnson urging the council to introduce a comprehensive ban on government use of facial recognition. The letter highlights NYPD's use of facial recognition along with other NYC agencies, the potential for far-reaching surveillance posed by facial recognition technology, and the risk of errors from racial bias in facial recognition algorithms and poor police practices. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition, gathered support from over 100 organizations and experts from more than 30 countries.
EPIC, Coalition Urge NYPD to Limit Use of Surveillance Technologies and Disclose More Information on Their Use » (Feb. 25, 2021)
In comments to the New York Police Department, EPIC called for meaningful limits on the use of mass surveillance technologies including facial recognition, airplanes and drones, automated license plate readers, and social media monitoring tools. EPIC also joined with privacy and civil liberties advocates and academics in coalition comments urging the NYPD to make a good faith effort to meet the requirements of the Public Oversight of Surveillance Technologies (POST) Act. The POST Act requires the NYPD to publish impact statements and use policies for 36 surveillance technologies. The Department's draft policies fail to disclose necessary information including detailed data storage, retention, and auditing practices, do not name the vendors of these technologies, and gloss over systemic racial discrimination in the use of these technologies with boilerplate language. The disclosures illuminate the use of technologies by the NYPD that enable mass surveillance and have extensive documented risks of bias and inaccuracy. EPIC leads a campaign to Ban Face Surveillance, and through the Public Voice coalition gathered support from over 100 organizations and experts from more than 30 countries.
EPIC, Coalition Urge Biden Administration to Halt Use of Facial Recognition » (Feb. 17, 2021)
In a coalition letter, EPIC and over 40 other privacy, civil liberties, and civil rights groups called on the Biden administration to 1) place a moratorium on federal use of facial recognition and other biometric technologies, 2) stop state and local governments from purchasing facial recognition services with federal funds, and 3) support the Facial Recognition and Biometric Technology Act. The coalition letter highlights the threat of facial recognition to create a panopticon of surveillance, the particular harms to people of color, women, and youth from mis-identification by facial recognition, and widespread adoption of facial recognition without public input. Last year, EPIC and a coalition of privacy, civil liberties, and civil rights groups urged Congress to pass Senator Markey's Facial Recognition and Biometric Technology Act bill. In 2019, EPIC launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries.
European Parliament Guidelines Call for Moratorium on Facial Recognition » (Jan. 22, 2021)
In a report released on January 20, the European Parliament outlines the need for new legal frameworks for artificial intelligence and biometric surveillance. The report raises objections to both civilian and military uses of artificial intelligence, mass surveillance, and deepfakes. The European Parliament was particularly concerned with facial recognition technology, proposing a moratorium on its use in public and semi-public spaces. EPIC leads a campaign to Ban Face Surveillance through the Public Voice coalition.
New York Enacts Law Suspending Use of Facial Recognition in Schools » (Dec. 23, 2020)
A bill signed into law yesterday suspends the use of facial recognition and other biometric technology by New York State schools. The ban will last for two years or until a study by the State Education Department is complete and finds that facial recognition technology is appropriate for use in schools, whichever takes longer. EPIC leads a campaign to ban face surveillance through the Public Voice coalition. EPIC recently filed a DC Consumer Protection Complaint alleging that online test proctoring companies have violated students' privacy and engaged in unfair and deceptive practices.
Massachusetts Poised to Ban State Use of Biometric Surveillance » (Dec. 1, 2020)
An omnibus police reform bill banning public agencies or officials from using facial recognition technology is set to pass the Massachusetts legislature in the coming week. The bill contains an exception for law enforcement to perform facial recognition searches against the state driver's license database, but requires the state to publish statistics on how often officers request access to the database. EPIC's Policy Director Caitriona Fitzgerald testified before the Joint Committee on the Judiciary to urge that a moratorium on facial recognition be included in a previous version of the bill. Earlier this year, an EPIC-led coalition called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.
LAPD Bans Use of Clearview AI Facial Recognition » (Nov. 19, 2020)
The Los Angeles Police Department (LAPD) issued a moratorium on the use of third-party commercial facial recognition systems including Clearview AI. However, the LAPD will continue to use a Los Angeles County system which searches booking images. LAPD officers have used Clearview AI at least 475 times since 2019. Clearview AI is a particularly dangerous facial recognition system because it queries a database of over 3 billion images scraped from social media sites, compromising the privacy of more individuals than smaller-scale systems. EPIC recently filed a Freedom of Information Act lawsuit seeking information on Immigrations and Customs Enforcement's (ICE) use of Clearview AI. EPIC leads a campaign to Ban Face Surveillance.
EPIC Seeks Documents on Facial Recognition System Used to Identify D.C. Protester » (Nov. 13, 2020)
EPIC filed a series of open government requests seeking information on a previously undisclosed facial recognition system used by police departments in the Washington, DC metropolitan area. EPIC sent requests to Metropolitan Police Department, Maryland National Capitol Park Police, and Montgomery County Police Department. The system was first revealed by the Washington Post on November 2, 2020. A protester accused of assaulting a police officer during a June 1 protest at D.C.'s Lafayette square was identified when police ran an image of him from Twitter against the National Capitol Region Facial Recognition Investigative Leads System (NCR-FRILS). EPIC recently filed suit against Immigration and Customs Enforcement to obtain documents about the agency's use of facial recognition. Earlier this year, an EPIC-led coalition called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.
#ReclaimYourFace: European Civil Society Groups Oppose Biometric Surveillance » (Nov. 13, 2020)
A coalition of twelve European civil society groups launched a new campaign this month calling for a ban on "biometric mass surveillance". To date the campaign has gathered over 5,000 signatures. EPIC has launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries. In October, EPIC urged the Department of Homeland Security to rescind a proposed rule allowing broad biometric data collection and suspend the Department's use of facial recognition.
Portland, Maine Votes to Add Teeth to Ban on Facial Recognition » (Nov. 4, 2020)
Voters in Portland, Maine passed a ballot initiative that strengthens the city's ban on the use of facial recognition by law enforcement and city agencies. The City Council previously passed an order banning face surveillance, but the initiative strengthens the ban with a private right of action and penalties for violations of the law. A growing list of cities have banned facial recognition technology, including Boston, Oakland, San Francisco, and Portland, Oregon. EPIC has launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries. Earlier this year, an EPIC-led coalition called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.
EPIC Urges DHS Advisory Committee to Investigate Fusion Centers » (Oct. 27, 2020)
EPIC Law Fellow, Jake Wiener, spoke at the Department of Homeland Security's Data Privacy and Integrity Advisory Committee's public meeting today and urged the Committee to investigate rampant privacy and civil liberties violations by fusion centers. Fusion centers are centralized systems that pool and analyze intelligence from federal, state, local, and private sector entities. Addressing the Committee's new tasking, Mr. Wiener directed the Committee's attention to recent reports of protest monitoring and ineffective privacy oversight. He urged the Committee to recommend a ban on the use of facial recognition technology at fusion centers and to consider whether funding of fusion centers is justified in light of the privacy and civil liberties harms the centers create. EPIC previously urged the Advisory Committee to recommend that Customs and Border Protection halt the use of facial recognition.
EPIC, Coalition Urge University of Miami to Ban Face Surveillance » (Oct. 27, 2020)
EPIC joined over 20 consumer, privacy, civil liberties, and student organizations to call on the University of Miami to ban the use of facial recognition technology. The coalition letter comes after reports the University used facial recognition to identify student protesters. The coalition argued that "facial recognition technology is invasive and ineffective." EPIC has launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries. Earlier this year, an EPIC-led coalition called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.
Appeals Court: NSA Call Metadata Program Was Illegal, Likely Unconstitutional » (Sep. 2, 2020)
The Ninth Circuit U.S. Court of Appeals ruled today that the NSA's bulk collection of phone call metadata violated the Foreign Intelligence Surveillance Act and was likely unconstitutional. EPIC and a coalition of groups filed an amicus brief in the case, United States v. Moalin, arguing that call metadata is protected under the Fourth Amendment. "We hold that the telephony metadata collection program exceeded the scope of Congress's [FISA] authorization," the Ninth Circuit wrote. The court rejected the argument that individuals lack a Fourth Amendment expectation of privacy in call metadata simply because the data is held by phone companies. The public is "likely to perceive as private several years' worth of telephony metadata collected on an ongoing, daily basis—as demonstrated by the public outcry following the revelation of the metadata collection program," the court explained. The court cited to the coalition amicus brief and to the work of EPIC advisory board member Laura K. Donohue. However, the court declined in this particular case to exclude the unlawfully collected metadata as evidence. In In re EPIC, EPIC petitioned the Supreme Court to end the NSA's bulk phone record collection program, which occurred with the 2015 passage of the USA Freedom Act.
EPIC Obtains Records About Texas's Use of Aerial Surveillance » (Aug. 10, 2020)
Through a Public Information Act request to the Texas Department of Public Safety, EPIC obtained records about the department's use of two Pilatus surveillance planes, including videos recorded during the George Floyd protests. Reports have indicated that these planes, purchased by the state for border operations, were used to surveil cities hundreds of miles from the border. EPIC obtained flight logs from January 1, 2018 to June 15, 2020, plane technical specifications and the department's video retention policy. The flight logs revealed that the surveillance planes flew an average of one flight per day between May 25 to June 15, 2020, with a total of 103 hours of total flight time. In over ninety percent of these flights, the planes recorded no video. The planes reportedly cost an average of $474 an hour to fly, and the Texas DPS spent roughly $49,000 to record three videos over the three-week span. The Texas DPS withheld three videos recorded between May 25 to June 15, 2020, during the height of the George Floyd protests, despite its video retention policy stating that "all retained video copies...will be subject to open records requests." EPIC has long highlighted the privacy and civil liberties implications of aerial surveillance technology and has called on Congress to "establish drone privacy safeguards that limit the risk of public surveillance."
D.C. Circuit Reverses District Court Ruling on Unsealing Electronic Surveillance Records » (Jul. 13, 2020)
Last week, the D.C. Circuit reversed a lower court decision and ruled that electronic surveillance records in closed federal investigations are subject to public access. Investigative journalist Jason Leopold and the Reporters Committee for Freedom of the Press litigated for years to unseal electronic surveillance records that allow law enforcement to collect different types of electronic information for surveillance, including metadata about a telephone subscriber's activity or cell site location information. The lower court incorrectly determined that administrative burden to providing public access to these seal records was enough to justify the interminable sealing of these records. But the D.C. Circuit reversed the lower court's decision stating "although administrative burden is relevant to how and when documents are released, it does not justify precluding release forever...Production may be time-consuming, but time-consuming is not the same thing as impossible." The D.C. Circuit noted that providing public access to judicial records like the electronic surveillance records at issue "is a fundamental element of the rule of law" and "is the duty and responsibility of the Judicial Branch." EPIC is currently litigating a case against the Department of Justice seeking the public release of information about the agency's collection of cell site location information through "§ 2703(d) orders" and warrants. The case is EPIC v. DOJ, No. 18-1814 (D.D.C.)
Coalition Amicus Brief: Civil Litigants Must Be Able to Challenge FISA Surveillance » (Jul. 9, 2020)
EPIC has joined a group of organizations across the political spectrum—EFF, Americans for Prosperity, the Brennan Center, FreedomWorks, and TechFreedom—to urge a federal appeals court to revive a challenge to an NSA surveillance program. A lower court judge in the case, Wikimedia v. NSA, found that Wikimedia could not demonstrate that its communications had actually been intercepted under the Upstream surveillance program—and that further litigation was barred for national security reasons. The amicus brief argues that “it is critical that those directly affected by mass foreign intelligence surveillance be able to obtain judicial review” because “FISA is broken.” EPIC has participated as amicus in several previous cases challenging FISA surveillance, including Smith v. Obama and Clapper v. Amnesty International. EPIC also brought the first challenge to the NSA telephone records surveillance program, In re EPIC, in the U.S. Supreme Court.
New York City Passes New Surveillance Transparency Law » (Jun. 19, 2020)
Yesterday the New York City Council passed the Public Oversight of Surveillance Technology (POST) Act, a law that enables public oversight of surveillance technologies used by the New York Police Department. The POST Act will require the police to publish documents explaining their use of surveillance technologies, accept public comments about them, and provide a final surveillance impact and use policy to the public. EPIC has worked for years to focus public attention on the privacy impact of emerging surveillance technologies, and has pursued open government cases against the FBI and other law enforcement agencies to release information about cell site simulators and other surveillance technologies. EPIC has recently launched a project to track and review algorithms used in the criminal justice system.
EPIC, Coalition Tell House Judiciary to Remove Provision in Police Reform Bill that Shields Officers Engaging in Racial Profiling » (Jun. 18, 2020)
EPIC and a coalition of over 20 organizations sent a letter to the House Judiciary Committee urging the committee to remove Section 343 from the Justice in Policing Act of 2020. In response to mass protests against police brutality and systemic racism in the wake of George Floyd's death, more than 200 members of Congress introduced the Justice in Policing Act 2020 to combat police misconduct, use of excessive force, and racial bias in law enforcement. Section 343 limits the release of information about law enforcement officers who engage in racial profiling under the Freedom of Information Act. The letter states, "[I]nformation on law enforcement agencies' compliance with requirements to eliminate racial profiling is vital to the public interest, including information on public officials." The letter further emphasized that provision "undercuts the bill's own proposed reforms" and that the "FOIA already contains exemptions that balance personal information with the public interest." The bill includes a ban on law enforcement using facial recognition software. EPIC has advocated for the suspension of face surveillance systems across the federal government, including federal law enforcement. EPIC advocates for strong government oversight and accountability through its Open Government Project, routinely using the FOIA to obtain information to ensure that the public is fully informed about the activities of the government.
EPIC, Coalition to Congress: Stop funding Surveillance Tech Aimed at Peaceful Protesters » (Jun. 17, 2020)
Today, EPIC and a group of over 100 privacy, civil rights, and civil liberties organizations urged Congress to halt funding of surveillance technology recently used against peaceful protesters and disproportionately aimed at communities of color. The group stated the need "to address the unconstitutional and dangerous use of surveillance by state, local and federal police officers against demonstrators protesting the murder of George Floyd and so many others perpetuated by systemic police brutality." In response to reports that the government conducted surveillance of peaceful protesters, EPIC filed a series of Freedom of Information Act requests directed at the FBI the DEA and CBP. Earlier this year, EPIC filed similar FOIA requests with several government agencies after it was revealed that the agencies were using Clearview AI, the controversial facial recognition company.
Boston City Council Holds Hearing on Banning Facial Recognition » (Jun. 10, 2020)
Yesterday, the Boston City Council held a public hearing on an ordinance to ban the use of facial recognition technology by the city of Boston. Several municipalities in Massachusetts have already banned the use of facial recognition. EPIC previously testified before the Massachusetts Legislature in support of a bill to establish a moratorium on the use of facial recognition by state agencies. EPIC has launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries. An EPIC-led coalition has also called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.
Senate Amends FISA Reauthorization Bill, Sends Back to the House » (May. 15, 2020)
The Senate voted today to pass an amended version of the USA FREEDOM Reauthorization Act of 2020, which was passed by the House in March. The bill would end the NSA’s bulk telephone metadata program and make further reforms to the Foreign Intelligence Surveillance Act. The Senate agreed this week to further amendments by Senators Lee and Leahy that expand FISA protections, but rejected amendments proposed by Senators Wyden and Daines that would have protected Americans’ internet browsing and search histories. The adopted Leahy/Lee amendment strengthens the role of “amici curiae,” who are independent, expert advisors to the Foreign Intelligence Surveillance Court, by increasing their access to information, their power to raise issues with the Court, and the number of cases they are appointed in. Since amendments were adopted, the bill now returns to the House of Representatives for consideration. Members of both parties have expressed support for reform of the controversial NSA surveillance program. EPIC closely tracks the use of FISA authority. EPIC has advocated for significant FISA reforms, and recently advised Congress to limit Section 702 surveillance and to allow Section 215 to expire.
EPIC Scrutinizes DHS "Insider Threat" Database » (Apr. 9, 2020)
In detailed comments, EPIC criticized the DHS's proposed "Insider Threat" database that would give the agency vast amounts of personal data. EPIC urged DHS to limit the scope of data collection and to drop proposed Privacy Act exemptions that would diminish the agency's responsibilities for the data gathered. Citing the surge in data breaches, EPIC warned that DHS data practices pose a risk to federal employees. EPIC previously recommended privacy protections in background checks and warned against inaccurate, insecure, and overbroad government databases.
EPIC Seeks Records About Kushner-Backed Surveillance System » (Apr. 8, 2020)
EPIC has filed an urgent FOIA request for a memo outlining a nationwide COVID-19 surveillance system sought by White House senior adviser Jared Kushner. According to POLITICO, the memo describes "a national coronavirus surveillance system to give the government a near real-time view of where patients are seeking treatment and for what, . . . .” In a statement, Senator Ed Markey (D-MA) said that the administration is not "capable of creating or maintaining a massive health data network in a manner that doesn’t undermine our fundamental right to privacy.” EPIC is pursuing FOIA requests with the Department of Justice and other federal agencies about efforts to track and monitor Americans during the pandemic.
Trump Removes Inspector General for Intelligence Agencies » (Apr. 7, 2020)
President Trump has removed Inspector General of the Intelligence Community Michael Atkinson from his post. The President cited Atkinson's referral to Congress of a whistleblower complaint concerning Trump's efforts to have Ukraine investigate former Vice President Joe Biden. Atkinson was required by law to transmit the report to Congress. EPIC has long fought for stronger oversight of U.S. intelligence agencies, and has pursued FOIA lawsuits against the CIA, the FBI, the ODNI, and the NSA. In EPIC v. Department of Justice, EPIC is currently seeking release of the complete Mueller Report, which details foreign interference in the 2016 presidential election. The DOJ recently submitted the full Mueller Report to a federal judge, who will determine what additional material must be released to the public.
Inspector General Report Uncovers Widespread FISA Abuse » (Apr. 1, 2020)
A report from the Department of Justice's Inspector General has uncovered widespread abuse of FISA surveillance authority by the DOJ. The Inspector General "identified apparent errors or inadequately supported facts" in each of the 25 surveillance applications it reviewed. The report follows an earlier investigation by the Inspector General which found the FBI personnel investigating Russian interference in the 2016 presidential election "fell far short of the requirement in FBI policy that they ensure that all factual statements in a FISA application are 'scrupulously accurate.'" EPIC closely tracks the use of FISA authority. EPIC has advocated for significant FISA reforms for more than a decade, and recently advised Congress to reform Section 702 of FISA and to sunset Section 215 of the Patriot Act. Members of both parties have recently expressed support for reforming U.S. surveillance authorities.
Senate Passes Short-term Extension of Surveillance Authorities » (Mar. 17, 2020)
The Senate voted late Monday to extend certain national security authorities for 75 days that were set to expire. Last week the House passed a bill that included several reforms. EPIC and other civil liberties groups backed a bill that would establish a warrant requirement for location data and internet browsing history, increase transparency, and strengthen the Privacy and Civil Liberties Oversight Board. Members of both parties have expressed support for reform of the controversial NSA surveillance program. EPIC closely tracks the use of FISA authority. EPIC has advocated for significant FISA reforms, and recently advised Congress to limit Section 702 surveillance and to allow Section 215 to expire.
Congress Considers Reforms as Surveillance Authorities Set to Expire » (Mar. 10, 2020)
Congress is reviewing proposals to reform the Foreign Intelligence Surveillance Act. Several bills have been introduced, including a bill backed by EPIC and other civil liberties groups that would establish a warrant requirement for location data and internet browsing history, increase transparency, and strengthen the Privacy and Civil Liberties Oversight Board. Members of both parties have expressed interest in reform of the controversial NSA surveillance program. Even the FISA court has criticized the program, following abuses uncovered by the Inspector General. EPIC closely tracks the use of FISA authority. EPIC has advocated for significant FISA reforms, and recently advised Congress to limit Section 702 surveillance and to allow Section 215 to expire. The Section 215 program is scheduled to sunset on March 15.
Privacy Board Supports End of NSA Call Record Program » (Feb. 27, 2020)
The Privacy and Civil Liberties Oversight Board has issued a report emphasizing the minimal value of the NSA's call details records program. The Board recommended the end of the program, which the NSA suspended last year after concerns about compliance with legal standards established in the US Freedom Act. According to the PLCOB report, the government spent $100 million on the program, yet opened only one non-duplicative investigation. EPIC recently joined 44 civil liberties organizations in backing the end of the NSA surveillance program. In 2013, EPIC filed a petition with the U.S. Supreme Court, In re EPIC, challenging the lawfulness of the NSA's bulk collection of American's telephone records.
House Judiciary Committee to Consider Surveillance Reform » (Feb. 25, 2020)
The House Judiciary Committee will consider this week the USA FREEDOM Reauthorization Act of 2020, a bill that will repeal authority to access call detail records, declassify opinions of the FISA court, and improve the Privacy and Civil Liberties Oversight Board. EPIC has joined 44 civil liberties organizations in support of similar legislation. But the bill does not address surveillance conducted under Section 702, concerning non-US persons. EPIC recently advised Congress to reform Section 702 and to end Section 215 surveillance of Americans.
Face Surveillance Moratorium Introduced in the Senate » (Feb. 12, 2020)
Senators Cory Booker and Jeff Merkley introduced the Ethical Use of Facial Recognition Act, which would ban the federal government's use of facial recognition until Congress passes legislation regulating the technology. The bill also prevents state and local government from using federal funds for facial recognition systems and creates a commission to develop guidelines for the use of facial recognition. EPIC has launched a campaign to Ban Face Surveillance and through the Public Voice coalition gathered the support of over 100 organizations and many leading experts across 30 plus countries. An EPIC-led coalition has also called on the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.
EPIC Joins Civil Liberties Groups, Backs Surveillance Reform » (Feb. 12, 2020)
EPIC has joined 44 civil liberties organizations in endorsing the Safeguarding Americans' Private Records Act of 2020 (S. 3242 / H.R. 5675), sponsored By Senator Wyden [D-OR] and, in the House, Rep. Lofgren [D-CA]. The bills would repeal the NSA's bulk telephone surveillance program, establish a warrant requirement for location data and internet browsing history, increase transparency, and strengthen the Privacy and Civil Liberties Oversight Board. EPIC recently advised Congress to reform Section 702 of FISA and to sunset Section 215 of the Patriot Act.
Intelligence Court Rebukes FBI » (Dec. 19, 2019)
The Foreign Intelligence Surveillance Court this week criticized the FBI for misleading judges, following a scathing report from the Inspector General. In a rare public order, the Court explained that the Bureau's representations were "antithetical to the heightened duty of candor" that the government must satisfy in surveillance applications. Presiding Judge Collyer wrote, "The frequency with which representations made by F.B.I. personnel turned out to be unsupported or contradicted by information in their possession, and with which they withheld information detrimental to their case, calls into question whether information contained in other F.B.I. applications is reliable." The Court ordered the FBI to propose new procedures by January 10, 2020. EPIC has advocated for significant FISA reforms for almost 20 years, and recently advised Congress to limit Section 702 of FISA and to sunset Section 215 of the Patriot Act.
Inspector General's Report Highlights Need for FISA Reforms » (Dec. 17, 2019)
The Inspector General's review of FISA applications for the FBI's investigation into Russian interference in the 2016 Presidential Election raises new concerns about the use of the surveillance authority. The Inspector General concluded that the FBI investigation was properly predicated and there was no evidence of political bias or improper motivation. However, the IG Report also detailed significant misrepresentations and errors made in the investigation designated "Crossfire Hurricane." The Report found that "FBI personnel fell far short of the requirement in FBI policy that they ensure that all factual statements in a FISA application are 'scrupulously accurate.'" EPIC has advocated for significant FISA reforms for more than a decade, and recently advised Congress to reform Section 702 of FISA and to sunset Section 215 of the Patriot Act.
Senators Demand Information from Amazon on Ring and Surveillance » (Nov. 21, 2019)
Five prominent Senators have demanded that Amazon provide information about Ring, the neighborhood surveillance system posing as a doorbell. Senators Wyden, Markey, Van Hollen, Coons, and Peters wrote that Amazon "holds a vast amount of deeply sensitive data and video footage detailing the lives of millions of Americans in and near their homes." The Senators pressed Amazon for Information about Ring and facial recognition, noting that the company has applied for facial recognition patents. The letter follows an investigation by Senator Markey into Ring's surveillance practices. Senator Markey has also sponsored the Privacy Bill of Rights Act, a bill that would limit some of Amazon's data collection practices. EPIC has recently launched a campaign to Ban Face Surveillance worldwide. After 9-11, EPIC also led the Observing Surveillance campaign to limit the use of surveillance cameras in DC.
EPIC to Congress: End Section 215 Surveillance Program » (Nov. 5, 2019)
In advance of a hearing on reauthorizing the Freedom Act, EPIC sent a statement to the Senate Judiciary Committee urging Congress to end the NSA's phone record collection program, known as "Section 215." EPIC wrote "events of the past few years make clear that Section 215 should not be renewed." Section 215 of the Patriot Act allowed the NSA to collect the telephone records of Americans. In 2013, following the Snowden disclosures, EPIC filed a petition with the Supreme Court, challenging the lawfulness of Section 215. Congress found the 215 program was ineffective and passed the USA Freedom Act to limit data collection. NSA has since acknowledged significant compliance problems. The Director of National Intelligence also confirmed that the program was suspended. Section 215 will sunset unless Congress chooses to reauthorize the program.
EPIC to Massachusetts Legislature: Ban Facial Recognition » (Oct. 22, 2019)
EPIC Policy Director Caitriona Fitzgerald will testify today before the Massachusetts Legislature in support of a bill to establish a moratorium on the use of facial recognition by state agencies. Under S. 1385 and H. 1538 the use of facial recognition technology by the state would be banned until privacy and security safeguards are in place. EPIC recommended eight principles that must be adhered to prior to deployment of facial recognition technology: 1) prohibition on mass surveillance; 2) provably non-discriminatory; 3) minimal retention; 4) transparency; 5) security; 6) monitoring for inappropriate uses; 7) accountability; and 8) independent auditing. EPIC noted the growing use of facial recognition technology in China and Hong Kong, as well as the bipartisan support for a facial recognition moratorium in Congress.
EPIC to Congress: Do Not Renew Section 215 Surveillance Program » (Sep. 18, 2019)
In advance of a hearing on the Foreign Intelligence Surveillance Act, EPIC has sent a statement to the House Judiciary Committee urging Congress to end the NSA's phone record collection program, known as "Section 215." Section 215 of the Patriot Act, according to White House legal advisors including now Supreme Court Justice Brett Kavanaugh, allowed the NSA to collect in bulk the telephone records of Americans. In 2013, following the Snowden disclosures, EPIC filed a petition with the Supreme Court, challenging the lawfulness of Section 215. Congress found the 215 program was ineffective and passed the USA Freedom Act to limit data collection. NSA has since acknowledged significant compliance problems with the reformed program, and the Director of National Intelligence confirmed that the limited collection program was suspended. Section 215 will sunset unless Congress chooses to renew the program.
D.C. Metro Wants to Track Riders for Advertising Revenue » (Sep. 16, 2019)
The D.C. Metro is proposing to track the cellphones of D.C. metro riders, with a network of sensors to detect Wi-Fi and Bluetooth connections. "WMATA has already begun to develop a network of digital display units and seeks to expand that network through digital place-based and location-based devices and programs," the Metro contracting document stated. After 9-11. EPIC led the Observing Surveillance campaign to limit the use of surveillance cameras in DC against residents and visitors. EPIC is pursuing a lawsuit against AccuWeather alleging that the company engaged in unlawful and deceptive practices in tracking consumers' locations in violation of the D.C. Consumer Protection Procedures Act.
Administration Seeks Reauthorization of NSA Phone Record Program » (Aug. 16, 2019)
The Administration is seeking reauthorization of the NSA phone record collection program, according to a letter from Director of National Intelligence Dan Coats published by the New York Times. The Patriot Act "Section 215" program originally allowed the bulk collection of all telephone records of Americans. In 2013, following the Snowden disclosures, EPIC filed a petition with the Supreme Court, challenging the lawfulness of the bulk collection program. Congress then held extensive hearings which found the program was ineffective and later passed the USA Freedom Act, which limited the data collection. NSA has since acknowledged significant compliance problems with the Freedom Act, and the Coats letter confirms that the program was subsequently suspended. EPIC has joined civil liberties organizations in calling for a permanent end to the NSA's phone record collection program.
EPIC Comments on Third Annual Privacy Shield Review » (Jul. 15, 2019)
EPIC provided comments to the European Commission to inform the third annual review of the EU-U.S. Privacy Shield, a framework that permits the transfer of Europeans' personal data to the U.S. EPIC detailed the latest developments in the U.S., including the failure to reform bulk surveillance under Section 702 of FISA, the absence of comprehensive federal privacy law and a data protection authority, and an executive order to collect data about non-citizens from across the federal government. EPIC also applauded appointments to the PCLOB and the U.S. endorsement of the OECD AI Principles. The Commission approved Privacy Shield last year, but urged the U.S. to adopt privacy legislation and to join the International Privacy Convention. The European Commission will make a determination about whether to renew the Privacy Shield this fall.
U.S. Courts Release 2018 FISA Report » (Jul. 11, 2019)
The Administrative Office of the U.S. Courts has issued the 2018 report on activities of the Foreign Intelligence Surveillance Court. The 2018 report reveals a significant decline in the number of total applications to the FISC. There were 1,318 FISA applications in 2018, down by three hundred applications from the total of 1,614 in 2017. The scrutiny of FISA applications by the Court remained steady after an uptick last year: 985 orders were granted, 261 orders were modified, 42 orders were denied in part, and 30 applications were denied in full. EPIC testified before Congress in 2012 on the need to improve review of FISA applications. EPIC Senior Counsel Alan Butler also recently appeared before Europe's highest court to provide expert analysis on U.S. surveillance law, including FISA authorities.
Privacy Board to Review Use of Biometrics at Airports, Privacy of Passenger Data, and FBI Surveillance » (Jun. 26, 2019)
The Privacy and Civil Liberties Oversight Board has announced three new oversight projects. The PCLOB reviews federal agency programs to ensure they do not diminish privacy and civil liberties. The Board said it will review: (1) the use of biometrics, such as facial recognition, in airports; (2) how the FBI queries data collected under the Foreign Intelligence Surveillance Act's Section 702, including searches for US person information called "backdoor searches"; and (3) oversight of passenger identity databases used by airlines. Earlier this year, EPIC sent a statement to the Board urging limits on the government use of facial recognition and and end to backdoor searches. In 2012, EPIC sent a detailed statement to PCLOB outlining priorities for the agency. In 2016, EPIC awarded former PCLOB Board Member Judge Patricia Wald with the EPIC Champion of Freedom Award.
National Archives Releases New Kavanaugh Records » (May. 20, 2019)
In response to EPIC's Freedom of Information Act lawsuit, the National Archives has released hundreds of new emails from Justice Kavanaugh's time in the White House. The emails concern the controversial surveillance programs Total Information Awareness, Computer Assisted Passenger Prescreening System II (CAPPS II), and Secure Flight. The contents of many emails were withheld in full. EPIC's FOIA lawsuit, along with a related lawsuit by Senator Richard Blumenthal, resulted in the public release of hundreds of thousands of pages about Justice Kavanaugh's work in the White House. The records include communications between Kavanaugh and John Yoo, the author of the warrantless surveillance program.
San Francisco Bans Facial Recognition » (May. 15, 2019)
The San Francisco Board of Supervisors have passed a resolution to limit the use of surveillance technology by city departments. San Francisco will now require surveillance impact reports, annual audits, and review by the city controller. EPIC led an effort - "Observing Surveillance" - in Washington, DC after 9-11 to document the growing use of surveillance cameras in the nation's capital that led to limitations on video surveillance by the City Council. EPIC is currently seeking to limit the use of facial recognition technology at the border. The Madrid Privacy Declaration called for a "moratorium on the development or implementation of new systems of mass surveillance, including facial recognition, whole body imaging, biometric identifiers, and embedded RFID tags, subject to a full and transparent evaluation by independent authorities and democratic debate."
Annual Surveillance Report Reveals Upturn in U.S. Persons Call Record Searches, Unmasking » (Apr. 30, 2019)
According to the Office of Director National Intelligence 2018 report, the use of information on U.S. persons collected under Foreign Intelligence Surveillance Act increased. The instances in which the NSA "unmasked" - revealed a U.S. person's identity in foreign intelligence data - to another agency grew from 9,529 to 16,721. In 2018, the government also searched domestic call detail records for U.S. persons at five times the rate in 2017, rising from 31,196 to 164,682. Notably, the government notifications to defendants of the use of FISA information in criminal proceedings increased from 7 in 2017 to 14 in 2018. EPIC previously testified before Congress on the need for more public reporting about the use of FISA for domestic surveillance. Several of EPIC's recommendations, including greater detail on government surveillance activities, were incorporated in the USA Freedom Act.
EPIC Files Intervention in Human Rights Court Review of UK Bulk Surveillance Program » (Apr. 22, 2019)
EPIC has filed a third-party intervention with the European Court of Human Rights in Big Brother Watch v. UK, a case concerning a bulk surveillance program of the British government. Last year the European Court ruled that the communications surveillance regime violated Article 8 of the European Convention on Human Rights, but stopped short of ruling that bulk surveillance violated the Convention. The human rights groups that brought the case requested referral to the Grand Chamber, a larger panel of judges, and urged the Court to rule mass surveillance incompatible with fundamental rights. After filing a brief in the original case explaining the broad scope of U.S. surveillance, EPIC has now filed a new brief with the Grand Chamber, arguing that the Court should carefully consider UK-U.S. intelligence transfers. U.S. surveillance does not "provide the requisite Article 8 safeguards" and transfer of intelligence to the U.K. "risks circumventing the Convention’s guarantees," EPIC explained. In an article for Just Security, EPIC called the initial ruling against UK surveillance "narrow" but "important."
EPIC Urges Congress to Press ICE on Surveillance Practices » (Apr. 9, 2019)
In a statement to the House Appropriations committee on Immigration and Customs Enforcement. EPIC urged close examination of the agency's profiling algorithms, warrantless searches of mobile devices, social media profiling, and the use of DACA application data for investigative purposes. EPIC said the committee should "limit funding pending assurances that ICE takes specific steps" to improve privacy. EPIC has filed multiple FOIA lawsuits against ICE regarding theses surveillance programs.
EPIC to Congress: Update Surveillance Safeguards » (Apr. 9, 2019)
In a statement to the House Appropriations Committee, EPIC urged the panel to ensure that the Justice Department improves reporting on surveillance orders. "Even after the Supreme Court’s decision in Carpenter," EPIC said, "there is little to no information available to Congress or the public about how frequently the government is seeking this location data." EPIC asked the Committee to halt funding for wiretap programs until the Department of Justice improves the reporting procedures. For over 20 years, EPIC has reviewed the annual reports on the use of federal wiretap authority. EPIC also filed an amicus brief in the Carpenter case. The Supreme Court held that law enforcement must get a warrant to obtain cell site location information.
Bipartisan Group of Senators, Representatives File Bill To End NSA Surveillance Program » (Apr. 3, 2019)
Sens. Ron Wyden (D-Ore.), and Rand Paul (R-Ky.), and Reps. Justin Amash (R-Mich.), and Zoe Lofgren (D-Calif.) have introduced The Ending Mass Collection of Americans' Phone Records Act. The bill would end the NSA's collection of Americans' phone records, known as "Section 215" authority, which is set to expire on December 15, 2019. EPIC recently joined civil liberties organizations in a statement calling for the end to the NSA's phone record collection program. The USA Freedom Act limited the NSA's collection program, but the NSA has acknowledged compliance problems. In 2013, EPIC filed a petition with the Supreme Court, challenging the lawfulness of the NSA program. EPIC has long called for an end to the phone record collection program.
Senators Question DOJ About Surveillance of Americans' Location Data » (Mar. 26, 2019)
A bipartisan group of Senators, including Senator Patrick Leahy, sent a series of questions last week to Attorney General William Barr about the government's surveillance of Americans' location data. The Senators specifically asked how the Supreme Court's decision in Carpenter v. United States has impacted government surveillance programs. In Carpenter, the Court ruled that the government could not collect cell phone location data without a warrant, even if that data was held by the phone company. The Senator's questions concern possible collection of location data by intelligence agencies as well as during criminal investigations. EPIC has sued the Department of Justice to obtain records of the number of surveillance applications for location data submitted by federal prosecutors in prior years. EPIC also filed a "friend of the court" brief in Carpenter, and urged the Court to extend Constitutional protection to cell phone data. EPIC also provides the public with access to and information about the federal wiretap reports, which provide important statistics about the use of other surveillance authorities. These reports have not yet been updated to address location data collection.
EPIC, Coalition Call on Congress to End NSA Surveillance Program » (Mar. 20, 2019)
EPIC joined civil liberties organizations this week in a statement to the House Judiciary Committee, calling for a permanent end to the NSA's phone record collection program. The groups asked that Congress to "hold hearings and make public information critical to permit an informed debate over the reauthorization of Section 215 and other provisions of the Patriot Act, which are set to expire December 15, 2019." The National Security Agency has reportedly ended the collection of Americans' phone records. The USA Freedom Act limited the NSA's bulk collection program. The NSA also acknowledged compliance problems and opposition to renewal is growing. In 2013, EPIC filed a petition with the Supreme Court, challenging the lawfulness of the NSA program. EPIC previously called for an end to the phone record collection program.
EPIC Urges Congress to Examine Surveillance at the Border » (Mar. 5, 2019)
In advance of a hearing on border security, EPIC sent a statement to the House Committee on Homeland Security urging an examination of surveillance programs in use at the border. EPIC asked the Committee to examine the warrantless searches of mobile devices, social media profiling, and the use of drones. EPIC has filed several FOIA lawsuits against DHS regarding these surveillance activities, warning that border surveillance programs often capture the personal data of Americans. A previous FOIA lawsuit EPIC v. CPB uncovered Palintir's role in the development of the Analytical Framework for Intelligence, a program that assigns "risk assessment" scores to travelers, including U.S. citizens.
Reports - NSA Call Record Program Shut Down » (Mar. 5, 2019)
The National Security Agency has reportedly ended the controversial collection of Americans' phone records. The USA Freedom Act limited the NSA's bulk collection program. However, the NSA has acknowledged compliance problems and doubts remain about renewal of the program later this year. Now, a senior Hill aide has said the NSA "hasn't actually been using it for the past six months" and it is not clear "that the administration will want to start that back up." In 2013, EPIC filed a petition with the U.S. Supreme Court, challenging the lawfulness of the program. EPIC and a coalition have since called attention to the NSA's failure comply with the requirements of the Freedom Act. EPIC previously called for an end to the phone record collection program.
EPIC Submits Comments on Regulation of Private Surveillance Industry » (Feb. 14, 2019)
EPIC has submitted comments the UN Special Rapporteur on Freedom of Expression for a report on the surveillance industry. The Special Rapporteur is soliciting information for a report to UN General Assembly on how surveillance technology is regulated and used around the world. EPIC's submission details a recent U.S. proposal to limit exports of surveillance technology, new limits on access to surveillance tech in the United States, and key EPIC Freedom of Information Act cases to uncover details of ICE's procurement of mobile forensics and analytics technology. EPIC pursues an extensive FOIA docket.
EPIC to Congress: Update Surveillance Safeguards » (Feb. 8, 2019)
In a statement to the House Judiciary Committee, EPIC urged the panel to ensure that the Justice Department update surveillance safeguards and prioritize transparency. EPIC recommended that the Department of Justice work with Congress after the Supreme Court's decision in Carpenter, improve reporting on surveillance orders, and protect consumers in cases before the Supreme Court. EPIC's comments follow nomination hearings in the Senate for the Attorney General. The nominee was pressed on his views on bulk surveillance and law enforcement access to records held by third parties.
EPIC to Congress: Update Surveillance Safeguards » (Feb. 7, 2019)
In a statement to the House Judiciary Committee, EPIC urged the panel to ensure that the Justice Department updates surveillance procedure after the Supreme Court's decision in Carpenter. EPIC also said the agency should improve reporting on surveillance orders and protect consumers in cases before the Supreme Court. EPIC's comments follow hearings in the Senate for the Attorney General. Senator Leahy pressed the nominee on bulk surveillance and law enforcement access to records held by third parties after the Supreme Court held that such records are protected by the Fourth Amendment.
Grand Chamber of Human Rights Court to Review UK Surveillance » (Feb. 5, 2019)
The European Court of Human Rights Grand Chamber has agreed to review Big Brother Watch v. UK, a case concerning UK surveillance power revealed by Edward Snowden. Last year the Court ruled that the communications surveillance regime narrowly violated human rights, and stopped short of ruling that bulk surveillance violated fundamental rights. The Grand Chamber, a larger panel of judges, has now agreed to hear the case again. The Chamber only agrees to review cases raising important human rights issues. The groups that brought the case requested referral and urged the Court to rule mass surveillance incompatible with human rights. EPIC filed a brief in the original case explaining that the US, which transfers intelligence data to the UK, has "technological capacities" enabling "wide scale surveillance" and that US law do not restrict surveillance of non-U.S. persons abroad. In an article, EPIC called the initial ruling against UK surveillance "narrow" but "important."
Senate to Consider Nomination of William Barr for Attorney General » (Jan. 14, 2019)
This week the Senate Judiciary Committee will begin hearings on the nomination of William Barr for Attorney General. In a statement to the Committee, EPIC warned that "Mr. Barr has consistently supported warrantless surveillance of the American people." EPIC pointed to Barr's previous Congressional testimony where he stated that FISA is "too restrictive" and that Americans have no Fourth Amendment right in records held by third parties. EPIC recommended that the Department of Justice work with Congress to update federal wiretap laws after the Supreme Court's decision in Carpenter, improve reporting on surveillance orders, and protect consumers in cases before the Supreme Court.
National Archives Releases Kavanaugh Emails on Surveillance Programs Identified in EPIC Suit » (Jan. 7, 2019)
The National Archives has released thousands of emails Justice Kavanaugh sent between January 2001 and July 2003 while working in the White House Counsel's office. The release includes hundreds of emails concerning controversial White House surveillance programs the Archives previously identified in response to EPIC's lawsuit. In October, the National Archives revealed that Kavanaugh sent 11 e-mails to John Yoo, the architect of warrantless wiretapping; 227 e-mails about "surveillance" programs and the "Patriot Act;" and 119 e-mails concerning "CAPPS II" (passenger profiling), "Fusion Centers" (government surveillance centers), and the Privacy Act. Subsequent searches revealed thousands more emails sent to Kavanaugh about mass surveillance programs.
European Court of Human Rights Rules UK Surveillance Violated Human Rights » (Sep. 13, 2018)
The European Court of Human Rights has ruled that the UK's surveillance regime, revealed by Edward Snowden, violates human rights set out in the European Convention. In consolidated cases Big Brother Watch v. UK, Bureau of Investigative Journalism v. UK, and 10 Human Rights Organizations v. UK, the Court ruled that the UK surveillance system violated Article 8, the right to privacy, because there were "inadequate" safeguards for selecting the data subject to surveillance. The Court also said "all interception regimes...have the potential to be abused," and that bulk surveillance include safeguards "to be sufficiently foreseeable to minimise the risk of abuses of power." The Court also ruled UK surveillance violated the right of free expression because the law did not sufficiently protect confidential journalistic material. EPIC filed a brief in the case explaining that the US, which transfers intelligence data to the UK, has "technological capacities" enabling "wide scale surveillance" and that US law do not restrict surveillance of non-U.S. persons abroad. EPIC casebook Privacy Law and Society explores a wide range of privacy issues, including recent decisions of the European Court of Human Rights.
U.S. Defends Privacy Shield, But Fails to Comply with Privacy Commitments » (Sep. 5, 2018)
The Department of Commerce has told the President of the European Parliament that the US is in compliance with the Privacy Shield, a pact that permits US companies to obtain the personal data of Europeans. The statement follows a resolution of Parliament to suspend the international arrangement if the U.S. did not comply in full by September 1. The Parliament cited the Cambridge Analytica data breach, the reauthorization of FISA Section 702 without reform, the failure to stand up the PCLOB, the passage of the CLOUD Act, and the absence of a Privacy Shield ombudsman. The Commerce Department disputed the Parliament's findings but failed to show progress on the issues identified. EPIC highlighted similar problems with data protection in the United States in recent comments to the European Commission. Almost six months have passed since the FTC reopened the investigation of Facebook's compliance with the 2011 consent order, which followed a complaint from EPIC and other consumer privacy organizations.
Kavanaugh White House Counsel: PATRIOT Act, "measured, careful, responsible, and constitutional approach" » (Aug. 11, 2018)
On Thursday, the Senate Judiciary Committee released the first production of records for Supreme Court nominee Brett M. Kavanaugh from his time as associate counsel for George W. Bush. Roughly 5,700 pages of documents were made available to the public. The documents show that Kavanaugh assisted in the effort to pass the Patriot Act and drafted a statement that President Bush incorporated in the bill signing. Kavanaugh wrote that the PATRIOT Act will “update laws authorizing government surveillance,” which he claimed, and President Bush then restated, were from an era of “rotary phones.” In fact, the PATRIOT Act weakened numerous U.S. privacy laws, including the subscriber privacy provisions in the Cable Act and the email safeguards in the Electronic Communications Privacy Act. Both laws were enacted after the era of rotary phones. Congress amended the Foreign Intelligence Surveillance Act after it was revealed that the White House had authorized warrantless wiretapping of Americans beginning in 2002. In an email exchange, Kavanaugh wrote that the PATRIOT Act was a "measured, careful, responsible, and constitutional approach . . . .” EPIC recently submitted two urgent Freedom of Information Act requests for Judge Kavanaugh’s records during his time serving as Staff Secretary for President Bush.
EPIC Sues Justices Dept. for Reports on Cell Phone Tracking » (Aug. 2, 2018)
EPIC has filed a Freedom of Information Act lawsuit against the Department of Justice for the release of reports on the collection and use of cell site location information. Modern cell phones generate precise location records, known as “cell site location information,” that was often accessible to law enforcement agencies. However, the Department of Justice has never produced any comprehensive reports concerning the use of cell site data. In Carpenter v. United States, the Supreme Court held that the Fourth Amendment protects location records generated and that the “police must get a warrant when collecting” cell site location information. In the complaint, EPIC stated that it “seeks to determine the use, effectiveness, cost, and necessity in the collection and use of cell site location information so that the public, lawmakers, and the courts may have a better understanding of the use of this investigative technique.” The case is EPIC v. DOJ, No. 18-1814 (D.D.C. filed August 1, 2018).
EPIC to Request Kavanaugh White House Records on Warrantless Wiretapping, Mass Surveillance Programs » (Jul. 30, 2018)
EPIC is planning to submit a Freedom of Information Act request to the Bush Library and the National Archives and Records Administration for records concerning programs of mass surveillance and Supreme Court nominee Brett M. Kavanaugh. Kavanaugh served as Assistant to the President and Staff Secretary for President George W. Bush between July 2003 and May 2006. During that time, the Bush administration undertook a wide range of mass surveillance programs, including the warrantless wiretapping of Americans, which was later deemed unlawful. On the federal appellate court, Judge Kavanaugh wrote that a suspicionless surveillance program "is entirely consistent with the Fourth Amendment." "Critical national security need outweighs the impact on privacy occasioned by the program," wrote Kavanaugh. Other programs backed by the White House when Judge Kavanaugh served as White House Staff Secretary include Total Information Awareness, airport body scanners, and Real ID.
NSA Inspector General Issues First Unclassified Report » (Jul. 25, 2018)
The NSA's Office of Inspector General issued the first unclassified semi-annual report to Congress on the National Security Agency. The report describes the internal watchdog's audits, studies, and investigations of the NSA's activities. Among other findings, the OIG uncovered improper searches through U.S. persons' data collected under the Foreign Intelligence Surveillance Act, as well as "many instances of noncompliance" with rules to secure NSA networks, systems, and data. In 2012, EPIC testified before Congress on the need for better reporting on the use of FISA authorities. EPIC also routinely highlights reporting on federal surveillance under the Wiretap Act. In EPIC v. NSA, EPIC obtained the Presidential Decision Directive, outlining the agency's authority for domestic surveillance.
After Carpenter Decision, EPIC Calls on Congress to Update Federal Wiretap Law » (Jun. 27, 2018)
In advance of a hearing on “Bolstering Data Privacy and Mobile Security” EPIC has told the House Science Committee that Congress should apply a heightened “super warrant” standard to "StingRays,” a technique for tracking cell phones users. After an EPIC FOIA lawsuit revealed that the FBI was using stingrays without a warrant, the Bureau changed its practices. EPIC filed amicus briefs in U.S. v. Jones and Carpenter v. U.S., two recent Supreme Court cases, arguing that a warrant is required to obtain location information. In a landmark ruling last week, the Supreme Court held that the Fourth Amendment protects location records generated by mobile phones. As a consequence, EPIC said, Congress should update federal privacy law.
EPIC, Coalition Call for Investigation into FBI's Inflated Encryption Statistic » (Jun. 5, 2018)
EPIC and a coalition of twenty organizations called for the Department of Justice Inspector General to investigate the FBI's "grossly inflated" statistic of encrypted devices inaccessible to law enforcement in 2017. The Washington Post reported that the FBI repeatedly stated it was locked out of 7,800 devices, but subsequent review suggested the actual number is about 1,200. The coalition wrote to the IG asking him to investigate the error, why DOJ officials used the data point after it was discovered to be incorrect, and what measures were taken to inform Congress and the public of the FBI's miscalculation. EPIC President Marc Rotenberg previously told POLITICO that the revelation was "a very serious matter" that "calls into question" the FBI's other statements about "the scope of electronic surveillance in the United States."
EPIC's Spotlight on Surveillance: Social Media Monitoring » (Jun. 1, 2018)
In 2011, EPIC uncovered the first government program to monitor social media. EPIC v. DHS revealed that a government agency was tracking posts on social media to identify critics of government. Today EPIC released a new report on the recent developments in government media monitoring. The report follows a case filed by EPIC this week concerning a new DHS program for "Media Monitoring Services." The report explores different media monitoring systems and points to the absence of effective controls. EPIC's Spotlight on Surveillance also highlights the privacy and civil liberties risks, including chilling free speech, discrimination, unreliability, and misattribution. EPIC's Spotlight on Surveillance project explores the privacy and civil liberties implications of surveillance programs in the United States. EPIC has previously released reports on drones, the FBI's Next Generation Identification program, and "enhanced" driver's licenses.
EPIC, Coalition Urge Compliance With Freedom Act Transparency Requirements » (May. 31, 2018)
EPIC and a coalition of privacy and civil liberties groups urged the Office of the Director of National Intelligence to abide by the transparency requirements of the USA FREEDOM Act. The Act ended the NSA's bulk collection of domestic call detail information. The Act also requires the public reporting of the number of unique identifiers gathered under the Foreign Intelligence Surveillance Act. A related letter to the House Judiciary Committee urged the Committee to oversee the reporting requirement. In 2012, EPIC testified before Congress on the need for better reporting on the use of FISA authorities. Several of EPIC's recommendations were incorporated in the USA FREEDOM Act.
EPIC, Coalition Oppose State Department's Plan to Collect Social Media Identifiers of Visa Applicants » (May. 30, 2018)
EPIC, the Brennan Center and 55 privacy, civil liberties, and civil rights organizations submitted comments opposing the State Department's plan to collect social media identifiers from individuals applying for visas. The coalition warned that the proposal would "undermine First Amendment rights of speech, expression, and association." Social media monitoring raises serious privacy and civil liberties issues. EPIC previously opposed the State Department's expansion of social media collection as well as a similar proposal by the Department of Homeland Security. In EPIC v. DHS, a 2011 Freedom of Information Act case, EPIC uncovered the first agency plan to monitor social media.
Annual ODNI Report Reveals Upturn in US Surveillance » (May. 7, 2018)
According to the Office of Director National Intelligence 2017 report, the number of Foreign Intelligence Surveillance Act orders to collect call records more than tripled last year, from 151 million records in 2016 to 534 million in 2017. In 2012, EPIC testified before Congress on the need for more public reporting concerning the use of FISA authorities. Several of EPIC's recommendations, including better reporting on government surveillance activities, were incorporated in the USA FREEDOM Act.
U.S. Courts Release 2017 FISA Report » (Apr. 25, 2018)
The Administrative Office of the U.S. Courts has issued the 2017 report on activities of the Foreign Intelligence Surveillance Court. Scrutiny of FISA applications increased substantially in 2017. The 2017 FISA report reveals that there were 1,614 FISA applications in 2017, of which 1,147 were granted, 391 were modified, 50 were denied in part, and 26 were denied in full. As compared to 2016, the FISA court denied nearly two times as many applications in part, and denied nearly three times as many applications in full. EPIC testified before Congress in 2012 on the need to improve review of FISA applications. In recent comments on US surveillance authority, EPIC noted the reauthorization of 702 spying authorities without sufficient safeguards.
EPIC Comments to UN Highlight Privacy Flaws in US Surveillance, Consumer Protection » (Apr. 6, 2018)
EPIC has submitted input to the UN Office of the High Commissioner for Human Rights for an upcoming report on the right to privacy in the digital age. The OHCHR is soliciting information for a report to Human Rights Council on the right to privacy around the world. EPIC's comments detail shortcomings in US privacy law, including the CLOUD Act, the reauthorization of FISA Section 702, and FTC's failure to enforce consumer privacy guarantees. EPIC also highlighted the need for the Special Rapporteur on Privacy to promote fundamental privacy rights, particularly Article 12 of the Universal Declaration of Human Rights.
State Department to Require Social Media IDs of Visa Applicants » (Mar. 30, 2018)
In a Federal Register notice released today, the State Department is proposing that all visa applicants submit social media identifiers to the federal government. EPIC previously opposed the agency’s plan, warning that "this proposal leaves the door open for abuse, mission creep, and the disproportionate targeting of Muslim and Arab Americans." Earlier this year, EPIC and a broad coalition of civil rights organizations submitted a Freedom of Information Act request seeking details of the Trump Administration’s “extreme vetting” initiative, including the collection and use of social media information.
EPIC FOIA: EPIC Obtains FBI Policy for Disseminating Biometric Info » (Mar. 22, 2018)
Through a Freedom of Information Act request, EPIC has obtained the FBI’s “Policy for Biometric Information Sharing with Domestic and International Agencies.” The documents EPIC obtained also contain details of the United States’ agreement with Iraq to exchange biometric data, including to not subject the information to any dissemination restrictions of the US or Iraq. The FBI maintains one of the world's largest biometric databases, known as the "Next Generation Identification” system, which includes facial IDs gathered from international conflicts. In 2007, EPIC, Privacy International, and Human Rights Watch warned the Secretary of Defense that the “system of biometric identification contravene international privacy standards and could lead to further reprisals and killings.” EPIC noted in 2010 "President Obama’s address on the end of the combat mission in Iraq has left open the question of what will happen to the massive biometric databases on Iraqis, assembled by the United States, during the course of the conflict."
EPIC Joins Call for Increased Oversight of Intelligence Agencies » (Feb. 9, 2018)
EPIC and other leading open government organizations urged Congress to promote transparency and accountability of the Intelligence agencies. The groups called for the release of annual public reports, all significant opinions by the Foreign Intelligence Surveillance Court, and an accounting on the number of Americans subject tp foreign intelligence surveillance. EPIC previously called on lawmakers to require federal agencies to obtain a warrant before searching information about Americans in foreign intelligence databases. Through a Freedom of Information Act lawsuit, EPIC obtained a report detailing the FBI's failure to follow procedures regarding the use of foreign intelligence data for a domestic criminal investigation. EPIC has also testified in Congress on reforms to the Foreign Intelligence Surveillance Act.
Congress Renews Controversial Surveillance Measure, EU Impacted » (Jan. 18, 2018)
In a decision that could jeopardize relations with Europe, Congress has renewed "Section 702" of the Foreign Intelligence Surveillance Act, which permits broad surveillance of individuals outside of the United States. The FISA Amendment Reauthorization Act also permits government surveillance of Americans and restarts the controversial "about" collection program. Congress rejected updates, including limits on data collection, that would preserve a privacy agreement between Europe and the United States. The European Court of Justice will also soon decide whether to allow data transfers from Ireland to the United States. EPIC served as the US NGO amicus curiae in that case.
EPIC v. NSD: EPIC Obtains Secret Report on "Backdoor Searches," FBI's Failure to Follow Procedures » (Jan. 9, 2018)
As the result of a Freedom of Information Act lawsuit EPIC v. NSD, EPIC has obtained a report from the Department of Justice National Security Division detailing the FBI's use of foreign intelligence data for a domestic criminal investigation. Section 702 of the Foreign Intelligence Surveillance Act authorizes the surveillance of foreigners located abroad. However, the FBI can also use this data to investigate Americans. The report obtained by EPIC also shows that the FBI analyst failed to follow internal guidance to notify superiors of the search, raising questions about whether the FBI is accurately reporting these searches. The USA Rights Act, now pending in Congress, would require a federal agency to obtain a warrant to search foreign surveillance data for information on Americans.
EPIC FOIA- EPIC Obtains DHS Secretary Interview Notes on Border Security » (Jan. 8, 2018)
Through a Freedom of Information Act request, EPIC has obtained former Secretary of Homeland Security John Kelly's notes for an interview with NPR about border security. The notes include talking points about southwest border security and the construction of the southwest border wall. During the interview, Mr. Kelly also described DHS's plans to increase vetting of immigrants and coordination with the White House, despite the fact these issues were not included in the talking points. EPIC previously warned the House Oversight Committee that enhanced surveillance at the border will impact the rights of U.S. citizens. As a result of an earlier FOIA lawsuit, EPIC found that the Customs and Borders Protection is already deploying drones with facial recognition technology near the border.
European Court Holds Camera Surveillance of University Lecture Halls Violates Privacy » (Nov. 29, 2017)
In the case of Antović and Mirković v. Montenegro, the European Court of Human Rights held that camera surveillance in lecture halls at the University of Montenegro's School of Mathematics violated Article 8 of the European Convention on Human Rights (the right to respect one's "private and family life"). The decision follows earlier cases of the Court which recognize privacy rights in the workplace. Some U.S. law schools have deemed all classrooms and meetings rooms as "recordable spaces" and state that voluntary participation therefore constitutes a waiver of legal claims. EPIC has protected the human right to privacy through third-party intervention in the European Court of Human Rights as well as documented the spread of CCTV surveillance technology across American cities. EPIC's Privacy Law Sourcebook provides background on US and international privacy law. The Privacy Law and Society website provides more information about international privacy law.
Senators Leahy and Lee Introduce USA Liberty Act, Reform for FISA Spying » (Nov. 20, 2017)
Senator Patrick Leahy (D-VT) and Senator Mike Lee (R-UT) have introduced the USA Liberty Act to reform surveillance under Section 702 of the Foreign Intelligence Surveillance Act. The Leahy-Lee bill would close the "backdoor search" loophole by requiring a probable cause court order before the government can review the contents of Americans' communications. The Leahy-Lee bill also codifies the ban on collecting "about" communications, mandates the appointment of amicus curiae for review of the surveillance programs, and establishes new reporting requirements. In a Freedom of Information Act lawsuit, EPIC v. NSD, EPIC is seeking the release of a Foreign Intelligence Surveillance Court report detailing the FBI’s use of section 702 data for domestic criminal purposes.
EPIC v. DOJ: Court Orders DOJ to Defend Withholding of FISA Reports » (Nov. 7, 2017)
A federal court, ruling in an EPIC FOIA lawsuit, has ordered the Department of Justice to defend the agency's refusal to release portions of its Foreign Intelligence Surveillance Act (FISA) reports. The semiannual reports, prepared for Congressional oversight committees, summarize significant FISA Court decisions and include the total number of FISA applications filed by the government and the number of U.S. persons targeted for surveillance. Though the court ruled that the DOJ can withhold some of the material requested by EPIC, the court found multiple "inconsistencies in the redactions that the government must address." Previously, EPIC's FOIA request and lawsuit led to the release of secret documents about the government's use of pen registers to collect records of private communications.
EPIC Sues Justice Department for Release of Report on 'Backdoor Searches' » (Nov. 1, 2017)
EPIC has filed a Freedom of Information Act lawsuit against the Department of Justice National Security Division for a report detailing the FBI's warrantless searches for information about U.S. citizens. Section 702 of the Foreign Intelligence Surveillance Act allows conduct warrantless searches of non-U.S. persons in foreign intelligence investigations. But there are concerns that the FBI uses this authority to conduct "backdoor searches" on Americans. In EPIC v. NSD, EPIC seeks the release of a report ordered by the Foreign Intelligence Surveillance Court detailing the FBI's use of section 702 data for domestic criminal purposes. EPIC also recently joined coalition of over 50 organizations calling on lawmakers to establish a warrant requirement before the government can search 702 databases for information about U.S. citizens and residents. The USA Rights Act, now pending in Congress, would end backdoor searches by all federal agencies.
Senators Introduce USA Rights Act, Back Significant Reforms to FISA Spying » (Oct. 24, 2017)
Eleven senators introduced bipartisan legislation to reauthorize the Foreign Intelligence Surveillance Act with significant new civil liberties protections. Among other reforms, the USA Rights Act codifies the ban on collecting "about" communications, prohibits collection of domestic communications, expands the powers of the Civil Liberties Oversight Board, and requires independent amicus review during the FISC's annual authorization. The bill does not establish certain protections sought by Europeans during the recent Privacy Shield review. Senate Intelligence Committee Chair Richard Burr bill would expand 702 surveillance authorities. EPIC and a coalition of organizations recently urged the markup hearing on the proposal be opened to the public.
EPIC, Coalition Call for Public Hearings on Surveillance Reform Proposals » (Oct. 20, 2017)
EPIC joined a coalition of privacy and civil liberty organizations urging the Senate Intelligence Committee to open to the public any markup hearing on proposals to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, which authorizes the surveillance of foreigners located abroad. "To the greatest degree possible, the consideration of legislation pertaining to Section 702...Should take place in public," the groups made clear in the letter to Senate Intelligence Committee leaders. EPIC has previously backed open public hearing on important security matters, include consideration of the Cyber Intelligence Sharing and Protection Act of 2013.
EPIC, Coalition Call for End to Warrantless Section 702 Searches of Americans' Data » (Oct. 3, 2017)
EPIC and a coalition of over 50 organizations called on lawmakers to require federal agencies to obtain a probable cause warrant before searching foreign intelligence databases for information about U.S. citizens and residents. Section 702 of the Foreign Intelligence Surveillance Act allows agencies - without a warrant and in a broad range of circumstances - to search for information about Americans among communications collected for foreign intelligence purposes. In a letter to leaders of the House Judiciary Committee, the groups explained that this practice "undermine[s] constitutional protections create an unacceptable loophole to access Americans' communications in criminal and foreign intelligence investigations alike." EPIC and a coalition also recently urged Director of National Intelligence Dan Coates to uphold a promise to give a public estimate of how many Americans are caught up in NSA surveillance of foreign targets. EPIC is currently pursuing a Freedom of Information Act request for a government report to the Foreign Intelligence Surveillance Court about FBI search of Section 702 data for domestic criminal investigations.
EPIC Files FOIA Lawsuit Over Border Biometrics, Expanded Tracking » (Jul. 20, 2017)
EPIC has filed a FOIA lawsuit against Customs and Border Protection for information about the agency’s deployment of a biometric entry/exit tracking system, including at US airports. Trump's recent Executive Order regarding immigration ordered the expedited implementation of a biometric entry/exit tracking system, which will include U.S. citizens. Biometric techniques, including facial recognition, lack proper privacy safeguards. EPIC previously sued the FBI over the Bureau’s Next Generation Identification database, which contains face prints, fingerprints, and other biometrics of millions of Americans. EPIC's lawsuit against the FBI revealed that biometric identification is often inaccurate.
EPIC Urges Senate Judiciary Committee To Restore PCLOB to Full Strength » (Jun. 23, 2017)
In advance of a hearing on the Foreign Intelligence Surveillance Act, EPIC has sent a statement to the Senate Judiciary Committee urging increased public reporting of the government's surveillance activities under section 702. EPIC also highlighted the need to restore the Privacy and Civil Liberties Board (PCLOB) to full strength. As Judge Patricia Wald recently stated in remarks at the EPIC Champions of Freedom Dinner, "an agency dedicated to protecting privacy and civil liberties inside the intelligence community with access to classified material is a uniquely valuable asset in the ever difficult search for the right balance between national security and democratic values." EPIC testified before the House Judiciary Committee in support of increased transparency during the 2012 FISA reauthorization hearings. Analysis of 702 reform by Prof. Laura Donohue.
EPIC Tells Congress US-UK Surveillance Agreement Should be Made Public » (Jun. 14, 2017)
EPIC has sent a statement to the House Judiciary Committee for a hearing on "Data Stored Abroad." According to news reports, the United States and the United Kingdom are drafting a secret agreement for transnational access to personal data that would bypass legal and judicial safeguards. In November 2016, EPIC filed a FOIA Request for the draft US-UK agreement. The Justice Department recently informed EPIC that responsive documents had been located and would be referred to the State Department for additional processing. EPIC has long pursued public release of international agreements. In 2016, EPIC obtained the "Umbrella Agreement," concerning the transfer of personal data from the EU to the US, after a successful Freedom of Information Act lawsuit.
EPIC Joins Call to Keep Surveillance Transparency Promise » (Jun. 13, 2017)
EPIC and over 30 organizations urged the Director of National Intelligence Dan Coates to uphold a promise to provide a public estimate of how many Americans are caught up in NSA surveillance of foreign targets. The coalition, including EPIC, previously pushed for the estimate. Americans' communications are "incidentally" collected under section 702 of the Foreign Intelligence Surveillance Act, and the FBI searches this data without a warrant or judicial oversight. EPIC, in testimony before Congress and comments to the Privacy and Civil Liberties Oversight Board, has repeatedly called for greater oversight and transparency of surveillance authorities.
Senator Feinstein Proposes Reforms to Broad Spying Authority » (Jun. 9, 2017)
Senator Dianne Feinstein, the former chair of the Senate Intelligence Committee, today outlined reforms to Section 702 surveillance authority. The law, which allows the NSA "PRISM" and "Upstream" surveillance programs, is set to expire at the end of this year. Senator Feinstein would end permanently the NSA's "about" searches, expand the amicus role at the intelligence court, and require the continued sunsetting of FISA authorities created in the The FISA Amendments Act of 2008. In 2012, EPIC testified before Congress on the need to establish better oversight for Section 702 prior to renewal.
EPIC Obtains Reports on Runaway Army Blimp » (Jun. 7, 2017)
As the result of a FOIA Request, EPIC has obtained nearly two hundred pages of reports about the Army surveillance blimp that broke free and crash landed in Pennsylvania. In 2015 the blimp roamed the East Coast before its crash and caused blackouts across the Pennsylvania countryside as it downed power lines. The documents obtained by EPIC include technical reports, a field investigation, and maintenance worksheets. The reports reveal the tail of the blimp failed, raising questions about the government's maintenance of the controversial and very expensive surveillance program. Through an earlier FOIA lawsuit, EPIC uncovered details about the plan to deploy the surveillance blimp over Washington, DC. The Runaway Blimp launched an Internet meme.
EPIC Urges Senate Committee To Reform Surveillance Law » (Jun. 6, 2017)
In advance of a hearing on the Foreign Intelligence Surveillance Act, EPIC has sent a Statement to the Senate Select Committee on Intelligence urging increased transparency and new public reporting of the Government's surveillance activities. EPIC also highlighted several legal challenges to an NSA bulk surveillance program abroad. The bulk surveillance program for the communications of non-U.S. persons, sunsets on December 31, 2017. EPIC testified before the House Judiciary Committee during the 2012 FISA reauthorization hearings, recommended improved public reporting, and warned pre-Snowden that the extent of mass surveillance was much greater than was known to the public.
Following EPIC Appeal, Justice Department Submits Trump Wiretap Claims for Declassification Review » (Apr. 28, 2017)
Following EPIC’s appeal of a decision to “neither confirm nor deny” the existence of a FISA application to monitor Trump Tower, the Justice Department took the unusual step of submitting the matter for declassification review. After the President tweeted allegations that President Obama “had [his] wires tapped in Trump Tower,” EPIC filed an urgent FOIA request for any FISA applications concerning Trump Tower. The Justice denied the request, but on appeal stated it was referring this matter “so that it may determine if the existence or nonexistence of any responsive records should remain classified.” The Justice Departement issued a similar response to EPIC’s related request concerning alleged surveillance of the Trump team. EPIC had explained in the appeal that “the agency may not hide behind the ‘neither confirm nor deny’ response” after FBI Director James Comey stated before Congress that the FBI and the Justice Department had “no information” to support the President’s tweets.
Proposed FY2018 Ups Spending for FBI Anti-Encryption Tools » (Mar. 17, 2017)
President Trump’s proposed budget reveals a $61 million increase in FBI funds dedicated to fighting encryption. The newly released budget for Fiscal Year 2018 directs the FBI to invest “$61 million more to fight terrorism and combat foreign intelligence and cyber threats and address public safety and national security risks that result from malicious actors’ use of encrypted products and services.” The FY2017 budget set aside $38 million to FBI anti-encryption technology and research. EPIC has advocated for strong encryption since its founding, and consistently pushed back against efforts to weaken the technology. EPIC also published the first comprehensive survey of encryption use around the world.
EPIC Seeks Release of FISA Order for Trump Tower » (Mar. 6, 2017)
EPIC has filed an urgent FOIA request with the Department of Justice for the release of the warrant for wiretapping the Trump Tower in New York city. The President has charged that President Obama "had [his] wires tapped in Trump Tower." EPIC has filed a formal Freedom of Information request of the public release of any applications filed under "FISA" for wiretapping in Trump Tower. Such an order would have been filed by the National Security Division of the Justice Department and approved by the Foreign Intelligence Surveillance Court. The complete text of the Foreign Intelligence Surveillance Act is available in the Privacy Law Sourcebook (EPIC 2016) at the EPIC Bookstore.
EPIC Urges House Committee To Ensure Transparency, Public Reporting in Surveillance Law » (Mar. 1, 2017)
In advance of a hearing on Section 702 of the Foreign Intelligence Surveillance Act, EPIC has sent a letter to the House Judiciary Committee urging increased transparency and new public reporting of the Government's surveillance activities. EPIC also highlighted that Section 702 is the central focus of multiple current legal challenges to international data transfer agreements occurring abroad. Section 702, which authorizes the bulk surveillance on the communications of non-U.S. persons, sunsets on December 31, 2017. EPIC testified before the Committee during the 2012 FISA reauthorization hearings.
EPIC Pursues FOIA Requests at DHS Concerning Aerial Surveillance, Social Media Monitoring, and ID Theft » (Feb. 8, 2017)
EPIC has submitted an urgent FOIA request to the Department of Homeland Security about aerial surveillance, social media monitoring and ID theft following statements made by DHS Secretary John Kelly in a Congressional hearing on Homeland Security. The Secretary described plans to expand the use of "aerostats" (surveillance blimps) and monitoring of social media. The Secretary also stated that he has been a victim of data breach. The EPIC FOIA request follows earlier cases brought by EPIC which revealed efforts by the DHS to expand aerial surveillance within the United States, develop techniques for "pre-crime" detection, interrupt Internet service, as well as the impermissible monitoring of social media services and news organizations.
EPIC Seeks Public Release of Secret Directive on Cybersecurity » (Jan. 28, 2017)
EPIC has filed an urgent FOIA request with the DHS, the Department of Justice, and the NSA, seeking the expedited release of NSPD-1. The National Security Presidential Directive sets out procedures for cybersecurity "policy coordination, guidance, dispute resolution, and periodic in-progress review." EPIC has previously litigated, and successfully obtained, NSPD-54, a Presidential Directive concerning the NSA's authority to conduct surveillance within the United States.
Report: Facial Recognition is Expansive, Unregulated; Coalition Calls for DOJ Review » (Oct. 18, 2016)
EPIC and a coalition of civil liberties organizations urged the Justice Department to review the disparate impact of facial recognition. The letter follows a report on law enforcement use of the technology. The report builds on work pursued by EPIC and others. Freedom of Information Act documents obtained by EPIC showed that the DHS system lacked privacy safeguards, the FBI accepts a 20% error rate for its Next Generation Identification system and has agreements to run facial recognition searches on DMV databases. In 2012, EPIC urged the Federal Trade Commission to suspend the use of facial recognition techniques pending the establishment of legal safeguards. And the 2009 Madrid Privacy Declaration, authored by NGOs and privacy experts, calls for a moratorium on the face scanning technology.
FTC Hosts Event on Drones and Privacy » (Oct. 13, 2016)
Today the Federal Trade Commission will host a panel discussion on drones and privacy as part of the agency's Fall Technology Series. The Director of EPIC's Domestic Surveillance Project, Jeramie Scott, will participate in the panel. Mr. Scott previously testified before the Pennsylvania Senate on domestic drone surveillance and submitted a statement for record regarding a Maryland bill to limit drone surveillance. EPIC and leading experts previously urged the FAA to adopt privacy rules for drones, and when the agency refused, EPIC sued. EPIC v. FAA is currently pending before the D.C. Circuit Court of Appeals.
Reuters: US Government Issued Secret Order to Yahoo to Scan All E-mails » (Oct. 4, 2016)
Reuters reported today that Yahoo scanned the private email of Yahoo users pursuant to a secret directive issued by the FBI. The email scanning technique, based on a search for key terms, recalled a similar FBI program “Carnivore” that was found to capture far more information than authorized, according to documents obtained by EPIC under the Freedom of Information Act. The news report also renews concerns about the scope of US Internet surveillance.  The European Court of Justice struck down an EU-US data transfer deal last year, following revelations that US Internet firms collaborated with the NSA to enable mass surveillance.  A related case, Irish Data Protection Commissioner v. Facebook, is now pending. The Irish High Court has selected EPIC as "a friend of the court" to "counterbalance" the submission of the United States intelligence community.
EPIC’s Rotenberg Debates FBI Director at ABA Conference » (Aug. 7, 2016)
EPIC President Marc Rotenberg and FBI Director James Comey debated "Emerging Issues in National Security and Law Enforcement" at a plenary session of the ABA annual conference in San Francisco. Comey stated that Americans have "never had absolute privacy." Rotenberg replied that the Fifth Amendment grants absolute privacy as a Constitutional right. In response to the Director's comments that the FBI has 650 phones it can not decrypt, Rotenberg pointed out that in 2013, more than 3.1 million cell phones were stolen. "Crime would be much higher in United States if cell phone users did not have strong encryption," said Rotenberg. The EPIC amicus brief in Apple v. FBI highlighted the risk of weak encryption, and noted that stolen cell phones are tied to identity theft and financial fraud.
Wiretaps Increase Sharply in 2015, No Evidence of Government Surveillance "Going Dark" » (Jul. 1, 2016)
In 2015, combined state and federal wiretap applications increased 16% from 3,555 to 4,148. But while government surveillance applications went up dramatically, the number of cases where investigators encountered encryption dropped significantly. Encryption was encountered in only 13 cases in 2015. The number of state wiretaps in which encryption was encountered decreased from 22 in 2014 to 7 in 2015. Law enforcement claims of "going dark” continue to be undermined by surveillance reports. EPIC has repeatedly cited the Wiretap Reports as a model of transparency for government surveillance activities and maintains comprehensive charts about the reports. The reports reveal, for example, that drug offenses were the most prevalent type of criminal offense investigated using wiretaps: 79 percent of all applications for intercepts (3,292 wiretaps) in 2015 cited illegal drugs as the most serious offense under investigation.
Senator Leahy Calls for FISA Reforms » (May. 13, 2016)
The Senate Judiciary Committee held a hearing on the FISA Amendments Act, a law that grants the government broad surveillance powers over Internet communications. The Act, commonly referred to as "Section 702,: is the basis for the NSA’s “PRISM” program. EPIC testified before the House Judiciary Committee in 2012 on the need to limit the scope of Section 702 surveillance and to improve transparency of the Foreign Intelligence Surveillance Court. US and EU NGOs have since called for the end of the section 702. This week Senator Patrick Leahy (D-VT) stated that "additional reforms are needed to protect Americans’ privacy, and restore global trust in the U.S. technology industry."
EPIC Urges California Supreme Court to Protect Open Records Law » (May. 6, 2016)
EPIC has urged the California Supreme Court to reverse a lower court decision that blocked public release of records about "automated license plate readers" operated by the state police. The lower court held that information about the public surveillance system was an “investigative record” under California law. EPIC’s amicus brief stated, "Public scrutiny is essential to counter the unique threats posed by these programs of broad-scale surveillance." EPIC had obtained documents about the FBI’s license plate reader program under the FOI law. Those records revealed that the FBI failed to address the system's privacy implications.
Intelligence Court Skeptical of Some FISA Applications » (May. 3, 2016)
The Department of Justice has published the 2015 FISA report, which summarizes the use of the Foreign Intelligence Surveillance Act. The report also details the number of applications rejected or modified by the FISA Court (FISC). Overall, the Government’s applications for FISA warrants has declined since 2003  but there was a slight uptick this year with 1,456 orders granted. A significant number of orders were modified by the FISC. The FISC modified 80 orders and the Government even withdrew one application. Prior to the USA FREEDOM Act, which limited bulk collection under section 215, the FISC modified many of those orders.
Supreme Court Approves Remote Computer Hacking by Police » (Apr. 28, 2016)
The U.S. Supreme Court has voted to approve changes to Rule 41 of the Federal Rules of Criminal Procedure, which will allow judges to issue "remote access" warrants. These warrants authorize mass computer searches, even when the targets are outside the jurisdiction of the court. EPIC criticized the proposal in a statement last year, arguing that the procedure enables searches outside traditional Fourth Amendment requirements and would not provide adequate notice to those subject to search.  Congress can amend or reject the proposal. Senator Ron Wyden said today he would introduce legislation to reverse the proposal.
Intelligence Court Orders Government to Report on PRISM Collection » (Apr. 20, 2016)
Three decisions by the Foreign Intelligence Surveillance Court (FISC) were made public this week. The Court identified serious “compliance and implementation issues” related to the Section 702 ("PRISM") surveillance program. The FISC found that the NSA did not purge personal data as required by minimization procedures, and also that the FBI failed to exclude attorney-client communications. In 2012, EPIC testified before Congress and recommended the publication of FISC opinions to facilitate public oversight.
U.S. Government Sued Over Refusal to Notify Users of E-mail Searches » (Apr. 14, 2016)
Microsoft has sued the Department of Justice, arguing that orders which prevent the company from notifying users about surveillance are unconstitutional. These secrecy orders, issued in connection with orders to disclose users’ private information, arise in thousands of cases each year. EPIC has supported similar challenges to “gag orders" and has opposed the expansion of “no notice” searches. EPIC has also recommended notice requirements for e-mail searches.
EU Officials Call for Changes in Privacy Agreement » (Apr. 13, 2016)
European privacy officials announced today that there must be changes in the draft proposal for EU-US data transfers. The Article 29 Working Party has "strong concerns" that the current text fails to provide adequate protection against commercial misuse and bulk surveillance. The Working Party cited the complexity of the redress mechanism, the lack of independence of the ombudsman, as well as the broad uses of personal data that would be permitted under the agreement. Privacy and consumer organizations have urged the EU to oppose the Privacy Shield proposal.
EPIC, Coalition Oppose NSA Data Transfer Plan » (Apr. 8, 2016)
EPIC and over 30 organizations have urged the Obama Administration to halt proposed changes to Executive Order 12333 that would permit the NSA to transfer raw data collected to law enforcement agencies. The NSA’s vast data collection activities are traditionally limited to intelligence purposes. The proposal will permit use of NSA data by law enforcement and make personal data more widely available across the federal government. Last year, EPIC urged the Privacy and Civil Liberties Oversight Board to increase oversight of 12333.  EPIC called for: (1) new limits on data collection and disclosure; (2) audit trails for surveillance activities; and (3) published legal justifications for surveillance programs. The Board is currently reviewing surveillance under EO 12333.
TACD Opposes "Privacy Shield," Urges Rejection by EU » (Apr. 7, 2016)
The Transatlantic Consumer Dialogue has urged the European Commission to reject the "Privacy Shield," a proposal to continue the transatlantic transfer of personal data from Europe to the United States. TACD warned that Privacy Shield "does not adequately protect consumers' fundamental rights to privacy" and that it does not provide "effective and meaningful data protection." European officials are carefully reviewing the proposal. EPIC and a coalition of NGOs have urged the US to adopt a robust data protection law and end 702 surveillance. The TACD is a forum of more than 70 consumer organizations in Europe and the United States.
Ninth Circuit Sends NSA Surveillance Case Back to Lower Court » (Mar. 24, 2016)
A Federal Appeals court has remanded a case challenging the NSA's bulk collection of telephone records. In Smith v. Obama, the Ninth Circuit Court of Appeals instructed the lower court to consider the impact of the USA Freedom Act, which ended the bulk data collection program. EPIC, joined by thirty-three technical experts and legal scholars, filed an amicus brief in the case, arguing that modern communications systems are "entirely unlike the telephone network of the 1970s" and that a 1977 case concerning "pen registers" no longer applied. EPIC also challenged the NSA bulk collection program in a petition to the Supreme Court.
EPIC Intervenes in Privacy Case before European Court of Human Rights » (Mar. 18, 2016)
Today EPIC filed a brief in a case before the European Court of Human Rights. The case involves a challenge brought by 10 human rights organizations arguing that surveillance by British and U.S. intelligence organizations violated their fundamental rights. In its brief, EPIC explained that the NSA's "technological capacities" enable "wide scale surveillance" and that U.S. statutes do not restrict surveillance of non-U.S. persons abroad. "The NSA collects personal data from around the world and transfer that data without adequate legal protections." EPIC routinely files amicus briefs in federal and state cases that raise novel privacy issues. This is EPIC's first brief for the Court of Human Rights in Strasbourg.
Drone Privacy Safeguards Move Forward in Senate » (Mar. 16, 2016)
A Senate committee has adopted several key privacy amendments concerning drone operations in the US. The amendments, sponsored by Senator Markey (D-Mass), limit the scope of drone surveillance and require more accountability for drone operators. Markey stated, "As more and more drones take flight in our skies, the need to protect Americans' privacy is paramount." EPIC urged Congress and the FAA to establish limits on drone surveillance and recommended the FAA establish a database detailing drone surveillance capabilities. EPIC has sued the FAA for its failure to establish commercial drone privacy rules.
NSA to Disclose Agency Records to Other Federal Agencies, Implicating Federal Privacy Act » (Feb. 26, 2016)
According to the New York Times, the NSA plans to disclose intercepted private communications to other federal agencies, including records of communications concerning US persons. The substantial change in agency practices "would relax longstanding restrictions on access to the contents of the phone calls and email." In 2013, EPIC and a group of legal scholars and technical experts, petitioned the NSA to undertake a public rule making on "the agency's monitoring and collection of communications traffic within the United States." EPIC has previously urged the Department of Defense to ensure that the NSA complies with the federal Privacy Act and has opposed expansion of the "Operations Records" database.
House Adds Cyber Surveillance to Budget Bill » (Dec. 16, 2015)
Today, the House added the Cybersecurity Act of 2015 to an expansive appropriations bill. The Cybersecurity Act was negotiated behind closed doors and represents a new version of the Cybersecurity Information Sharing Act (CISA). Previous versions of CISA have been opposed by a broad coalition of organizations. The current bill, like previous ones, would allow the government to obtain personal information from private companies without judicial oversight. The Act would also expand government secrecy. EPIC previously won a five-year court battle to obtain NSPD 54, a foundational legal document for U.S. cybersecurity policies that revealed the government's interest in enlisting the private sector to monitor user activity.
Obama Administration Gets Failing Grade on Surveillance Reform » (Dec. 15, 2015)
EPIC has launched a scorecard for the 46 surveillance reform recommendations made two years ago by the President's Review Group on Intelligence and Communications Technologies. Although some of the recommendations have been fully implemented, the Administration has failed to implement most of them. The recommendations set out to limit NSA surveillance, expand judicial oversight, create new transparency requirements, update federal privacy laws, and create a new privacy agency. During the review process, EPIC met with the review group and submitted extensive comments to the panel, specifically urging the end of the bulk record collection program.
FAA Requires Drone Registration but Again Fails to Limit Drone Surveillance » (Dec. 14, 2015)
The FAA has published an rule requiring drone registration by December 21st. Owners of small drones will be required to pay a small fee and provide their name, physical address, and e-mail address. The agency announced that the registration database will be searchable, but owner e-mail addresses will not be made public. EPIC filed extensive comments on the proposed registration scheme, recommending that drones broadcast registration IDs and include information about surveillance capabilities. The FAA acknowledged EPIC's comments, but failed to adopt the recommendations. EPIC previously sued the FAA for failing to establish privacy rules for commercial drones. EPIC v. FAA is pending before the D.C. Circuit Court of Appeals.
Freedom Act Goes Into Effect, NSA Bulk Data Collection Ends » (Nov. 30, 2015)
The Director of National Intelligence has announced that the NSA's bulk collection of domestic telephone records under "Section 215" ended yesterday when the USA Freedom Act took effect. The Freedom Act ended the NSA's 215 Program and established new transparency and accountability rules for the Foreign Intelligence Surveillance Court. In 2012, EPIC testified before the House Judiciary Committee on the need to reform the Surveillance Court. In 2013, EPIC filed a petition in the Supreme Court, In re EPIC, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition urged the President to end the NSA surveillance program.
EPIC Opposes NSA Plan to Expand Operations Database, Demands Privacy Act Compliance » (Nov. 23, 2015)
EPIC submitted comments to the NSA objecting to the agency's proposal to expand its "Operations Records" database. This database is already largely exempt from Privacy Act safeguards, and the proposal would vastly expand the types of information collected in the database and define new routine uses for this information. EPIC's comments addressed the privacy issues raised by the Operations Records database and NSA's proposed changes, opposed further expansion of NSA's information collection activities, and demanded that NSA narrow the Privacy Act exemptions for the system if the proposal goes forward. EPIC has previously urged NSA to conduct information collection activities in compliance with the Privacy Act.
Court Suspends NSA Phone Record Collection Program » (Nov. 10, 2015)
A federal court in Washington D.C. has ordered the National Security Administration to halt the bulk collection of domestic telephone records, ruling that the indiscriminate collection violates the Fourth Amendment. Following the USA Freedom Act, the telephone records program will expire at the end of the month. The government has moved to stay the judge's order. In 2013, EPIC brought the first challenge to the NSA surveillance program in the Supreme Court. EPIC has also testified before Congress on the need to reform the Foreign Intelligence Surveillance Court, and led a broad coalition urging the President to end the NSA surveillance program.
Privacy Groups Urge Ninth Circuit to Find NSA Metadata Program Illegal » (Nov. 5, 2015)
EPIC and other privacy groups have filed a friend of the court brief in United States v. Moalin, the first criminal case challenging the NSA's warrantless surveillance of Americans' telephone records. The lower court refused to reopen the case after it was revealed that data acquired by the NSA provided the primary evidence for the criminal conviction. EPIC and other groups argued in their brief that metadata is protected under the Fourth Amendment. EPIC previously argued in Smith v. Obama that "changes in technology and the Supreme Court's recent decision in Riley v. California favor a new legal rule that recognizes the privacy interest inherent in modern communications records." In In re EPIC, EPIC petitioned the Supreme Court to end the NSA's bulk telephone record collection program, which occurred with passage of the USA Freedom Act.
Rep. Chaffetz Bill Would End Warrantless Stingray Surveillance » (Nov. 4, 2015)
Rep. Jason Chaffetz has introduced a bill in the U.S. Congress that would prohibit government agencies from using cell-site simulators (or stingrays) without a warrant in most circumstances. The Cell-Site Simulator Act of 2015 would also explicitly exclude stingrays from the pen register statute currently used by law enforcement to conduct stingray operations with less than probable cause. The government would still be able to conduct warrantless stingray operations under the Foreign Intelligence Surveillance Act or in emergencies. An EPIC FOIA lawsuit in 2012 revealed that the FBI was using stingrays without a warrant. EPIC has also filed amicus briefs arguing that cell phone location data is protected by the Fourth Amendment.
EPIC Joins Call for Transparency on Number of Americans Caught in NSA Surveillance » (Nov. 2, 2015)
EPIC, joined by over 30 other organizations, urged the Director of National Intelligence, James Clapper, to disclose data on how many Americans are caught up in NSA surveillance of foreign targets. Americans’ communications are incidentally collected under Section 702 of the Foreign Intelligence Surveillance Act, and the FBI searches this data without a warrant or judicial oversight. EPIC, in testimony before Congress and comments to the Privacy and Civil Liberties Oversight Board, has repeatedly called for greater oversight and transparency of surveillance authorities.
Army Loses Surveillance Blimp; Blimp Roaming the East Coast » (Oct. 28, 2015)
One of the military's controversial surveillance blimps has broken free from its tether in Maryland and is now drifting over Pennsylvania. According to a report, the blimp is now floating at 16,000 feet and dragging a 6,700 foot cable. Through a FOIA lawsuit filed earlier this year, EPIC uncovered details about the Army's plan to fly two "JLENS" blimps over the Washington, DC area. The several thousand documents uncovered by EPIC describe the use of JLENS, as well as the Army's relationship with the contractor Raytheon, which has proposed a video surveillance capability.
Senator Leahy Opposes FOIA Exemptions in Cyber Security Bill » (Oct. 27, 2015)
Senator Patrick Leahy (D-VT) urged fellow Senators to remove a proposed open government exemption in a pending cybersecurity bill. The Cybersecurity Information Sharing Act (CISA), said Sen. Leahy, "contains an overly broad new FOIA exemption that is both unnecessary and harmful." Sen. Leahy called the FOIA "our nation's premier transparency law," and said that any modifications must go through the Senate Judiciary Committee. "The Senate must have an open and honest debate about the Senate Intelligence Committee's bill and its implications for Americans' privacy and government transparency," remarked the Senator. Last year, EPIC won a five-year court battle against the NSA for NSPD 54, the foundational legal document for U.S. cybersecurity policies. EPIC has also set out recommendations for FOIA reform.
House Committee to Examine Cell Phone Surveillance » (Oct. 21, 2015)
The House Subcommittee on Information Technology will examine law enforcement use of "Stingrays," a technique for tracking cell phones users. The Department of Justice adopted guidelines that require a warrant before using Stingray devices to track the location of mobile devices. Senators Grassley and Leahy recently asked DHS Secretary Jeh Johnson to adopt a similar policy for DHS. California passed a law requiring a warrant for a Stingray. Documents obtained by EPIC in a FOIA lawsuit revealed the FBI was using the cell-site simulators without a warrant. EPIC also filed amicus briefs in U.S. v. Jones and State v. Earls, arguing that a warrant is required to obtain location information from cell phone subscribers.
New Mexico Supreme Court Finds Warrantless Aerial Surveillance Violates Fourth Amendment » (Oct. 19, 2015)
The Supreme Court of New Mexico ruled in State v. Davis that the Fourth Amendment prohibits the warrantless aerial surveillance of, and interference with, a person's private property. Specifically, the court found that "prolonged hovering close enough to the ground to cause interference with Davis' property transformed this surveillance from a lawful observation of an area left open to public view to an unconstitutional intrusion into Davis' expectation of privacy." EPIC filed a friend of the court brief and presented oral argument before the Court. EPIC said that aerial surveillance threatens privacy and property interests and that surveillance in the airspace close to a home violates the Fourth Amendment. The New Mexico Supreme Court agreed. EPIC frequently amicus briefs on emerging privacy and civil liberties issues.
In Court: EPIC Challenges FAA Failure to Establish Drone Privacy Rules » (Sep. 29, 2015)
EPIC has filed the opening brief in a lawsuit against the Federal Aviation Administration. EPIC charged that the agency’s failure to establish privacy rules for commercial drones is a violation of law and should be overturned. The EPIC lawsuit followed an Act of Congress requiring a “comprehensive plan” for the integration of drones and petition, backed by more than one hundred organizations and privacy experts, calling for privacy safeguards. EPIC stated that “As the agency has determined not to issue rules, contrary to the FAA Modernization Act and EPIC’s Rulemaking Petition, the Court must now order the agency to do so.” The case is EPIC v. FAA, No. 15-1075. The United States Court of Appeals for the DC Circuit is expected to hear oral argument in the case early next year. Press Release - EPIC v. FAA
D.C. Circuit Reverses Important NSA Surveillance Ruling, Sends the Case Back to Lower Court » (Aug. 29, 2015)
A divided panel of the D.C. Circuit has reversed a lower court decision that the NSA bulk metadata collection program violated the Fourth Amendment. The judges in Klayman v. Obama agreed that the plaintiff did not have sufficient evidence that his telephone records were collected. But the majority of the panel agreed that the plaintiff should be allowed to conduct "discovery" to prove standing, and remanded the case to the lower court. In 2013, EPIC filed a petition in the Supreme Court, In re EPIC, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition urged the President to end the NSA surveillance program.
Intelligence Director Says NSA Access to Bulk Phone Record Data Will End » (Jul. 27, 2015)
The Director of National Intelligence announced today that the NSA analysis of "section 215" telephone records previously gathered will end when the USA FREEDOM Act goes into effect on November 29, 2015. Earlier this month, the U.S. Surveillance Court ruled that the NSA could continue collecting records during a 180 day transition period, despite an earlier decision finding the program was unlawful. In 2012, EPIC testified before the House Judiciary Committee on the need to reform the Surveillance Court. In 2013, EPIC filed a petition in the Supreme Court, In re EPIC, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition urged the President to end the NSA surveillance program.
Slight Decrease in Wiretaps in 2014, Encryption Not a Barrier to Investigations » (Jul. 2, 2015)
In 2014, combined state and federal wiretap applications decreased 1%, from 3,577 to 3,555. Investigators encountered encryption in only 25 cases, and were able to obtain plain text in all but four cases. This fact contradicts claims that law enforcement agencies are "going dark" as a result of new encryption technologies. Of the 3,544 arrests based on wiretaps in 2014, only 553 resulted in convictions. The annual Wiretap Report, details government surveillance and provides insight into the debate over surveillance and the use of encryption. EPIC has repeatedly cited the annual Wiretap Report as a model for greater transparency of other surveillance activities . EPIC also maintains comprehensive tables and charts on electronic surveillance.
Surveillance Court Ignores Court Ruling, Reauthorizes NSA Bulk Collection Program » (Jul. 1, 2015)
The Foreign Intelligence Surveillance Court has reauthorized the collection of domestic telephone records for 180 days. The Surveillance Court ignored the recent decision of the Federal Court of Appeals, which held that the NSA bulk collection program is unlawful. In 2012, EPIC testified before the House Judiciary Committee on the need to reform the Surveillance Court. In 2013, EPIC filed a petition in the Supreme Court, In re EPIC, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition urged the President to end the NSA surveillance program. Congress then passed the Freedom Act to end program, but the FISC didn't get the memo.
Senate Rejects User Surveillance Proposal » (Jun. 17, 2015)
The Senate has rejected an amendment to the National Defense Authorization Act for 2016 that would transfer user data from private companies to government agencies without judicial oversight. Senator Patrick Leahy (D-Vt) urged Senators to oppose the amendment, stating "we need a cyber-security bill, not a cyber-surveillance bill." Last year, EPIC won a five-year court battle against the NSA for NSPD 54-the foundational legal document for U.S. cybersecurity policies. The Directive reveals the NSA's interest in enlisting companies to monitor user activity in the United States.
EPIC Calls for Improved Oversight of "EO 12333" Surveillance Activities » (Jun. 17, 2015)
EPIC has filed extensive comments with the Privacy and Civil Liberties Oversight Board, urging enhanced oversight of Executive Order 12333. The Presidential Order was originally adopted in 1981 to limit domestic surveillance but now provides the basis for NSA mass surveillance programs. EPIC called for: (1) new limits on data collection and disclosure; (2) audit trails for surveillance activities; and (3) published legal justifications for surveillance programs. EPIC is also pursuing open government requests concerning 12333 surveillance activities with the NSA, the Attorney General, and the Director of National Intelligence. A related EPIC FOIA case, EPIC v. NSA, led to the public release of the NSA's cyber security authority.
Senate Passes FREEDOM Act, Ends NSA Bulk Collection » (Jun. 2, 2015)
The Senate has passed the USA FREEDOM Act, sponsored by Senator Patrick Leahy (D-VT) and Senator Mike Lee (R-TX). The Act, which the President is expected to sign, ends the NSA bulk collection of domestic telephone records and establishes new transparency and accountability rules for the Foreign Intelligence Surveillance Court. In 2012, EPIC testified before the House Judiciary Committee on the need to reform the Surveillance Court. In 2013, EPIC filed a petition in the Supreme Court, In re EPIC, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition urged the President to end the NSA surveillance program.
Senate to Debate End of PATRIOT Act » (May. 31, 2015)
The Senate convenes today for a rare Sunday session. Senators will consider whether to renew key provisions of the PATRIOT Act, including the NSA bulk collection program, due to expire tonight. Senator Rand Paul has said he will oppose any renewal. Also under consideration is the FREEDOM Act, sponsored by Senator Patrick Leahy (D-VT) and Senator Mike Lee (R-TX). In 2013, EPIC filed a petition in the Supreme Court, In re EPIC, supported by experts, scholars, and members of the Church Committee, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition urged the President to end the program. The Sunday debate will be broadcast live on CSPAN2 at 4 pm EDT.
Inspector General Warns: Significant Oversight of Section 215 Required » (May. 21, 2015)
The DOJ's Office of the Inspector General released a report this month detailing the FBI's use of Section 215 and warning that "significant oversight" is required. The Inspector General describes the FBI's expanding use of 215 to collect electronic information in bulk and criticized the agency for taking seven years to develop minimization procedures. The Second Circuit ruled the NSA's telephone record collection program exceeded the legal authority under Section 215. EPIC previously petitioned the Supreme Court to suspend the program. Unless Congress votes to reauthorize or modify the authority, Section 215 is set to expire on June 1.
EPIC, Coalition to President: No Encryption Backdoors » (May. 20, 2015)
EPIC and a coalition of civil society organizations and security experts urged President Obama to reject proposal to weaken encryption used in U.S. products. Administration officials, including FBI Director Comey, have advocated for broken encryption to enable law enforcement access to private communications. The letter details how weakened encryption undermines cybersecurity and economic security. EPIC previously led the effort to oppose the "Clipper Chip," the NSA's proposal for key escrow encryption that would have severely crippled the privacy and security of online communication. EPIC also recently expressed support for encryption and anonymity in a letter to a UN Rapporteur.
EPIC Warns Congress of Risks of Body Cameras » (May. 20, 2015)
EPIC submitted a statement for the record today for the Senate hearing "Can Technology Increase Protection for Law Enforcement Officers and the Public?". EPIC opposes the use of "police cams" and warned Congress that body cameras could "become the next surveillance technology disproportionately aimed at the most marginalized members of society." EPIC also pointed to the potential liability for cities if harmful images are posted online. EPIC explained that there are "more productive means to achieve police accountability that do not carry the risk of increasing surveillance." EPIC stressed that if body cameras are deployed, police departments must comply with all privacy and open government laws.
House Passes Surveillance Reform Bill, Deadline Looms for Senate » (May. 14, 2015)
The House of Representatives has passed the USA Freedom Act of 2015. The bill would end the NSA's controversial domestic telephone record collection program--a program the Second Circuit Court of Appeals recently ruled was unlawful. The Freedom Act would also establish new transparency requirements for the Foreign Intelligence Court, recommended by EPIC in testimony before the House Judiciary Committee in 2012. EPIC also opposed renewal of the NSA's Section 215 orders and petitioned the Supreme Court to suspend the program. The Senate is expected to take up the bill before the June 1 expiration of Section 215 of the Patriot Act.
EPIC Warns DC City Council of Risks of Police Body Cameras » (May. 8, 2015)
EPIC National Security Counsel Jeramie Scott testified today at a hearing before the D.C. City Council regarding police body-worn cameras. EPIC opposes deployment of "police cams" and warned the D.C. Council of the risks of mass public surveillance. EPIC also pointed to potential liability for the city if harmful images are posted online. EPIC's Scott said there are "more productive means to achieve police accountability that do not carry the risk of increasing surveillance." Scott added that if body cameras are deployed, then the Metropolitan Police Department must comply with all privacy and accountability laws.
Federal Appeals Court Strikes Down NSA Bulk Record Collection Program » (May. 7, 2015)
The Second Circuit Court of Appeals ruled today that the NSA's telephone record collection program exceeds legal authority. The government claimed that it could collect all records under the Section 215 "relevance" standard. But the court rejected that argument and held that "such an expansive concept of 'relevance' is unprecedented and unwarranted." The conclusion mirrors the argument EPIC, and a coalition of technical expert, legal scholars, and former members of the Church Committee made in Petition to the Supreme Court in 2013. EPIC explained in its petition, "It is simply not possible that every phone record in the possession of a telecommunications firm could be relevant to an authorized investigation." The Second Circuit found that Section 215 does not "authorize anything approaching the breadth of the sweeping surveillance at issue here."
House Committee Approves Surveillance Reform Bill » (May. 1, 2015)
The House Judiciary Committee voted to send the USA FREEDOM Act of 2015 to the House of Representatives for further consideration prior to the June 1 Patriot Act expiration deadline. The bill would end the NSA's controversial domestic telephone record collection program. The bill would also establish new transparency requirements for Intelligence Court Orders, recommended by EPIC in testimony before the House Judiciary Committee. EPIC also opposed renewal of the NSA's Section 215 orders and petitioned the Supreme Court to suspend the program.
Senator McConnell Seeks Renewal of NSA Bulk Collection Program » (Apr. 23, 2015)
Senate majority leader Mitch McConnell has introduced a bill that would extend the Patriot Act until 2020. Specifically, S. 1035 would renew the controversial Section 215 authorities for the NSA's telephone record collection program. The 215 authority is set to expire on June 1. EPIC urged the President and the Attorney General not to renew the 215 order after it became clear that the NSA routinely collected the telephone records of US citizens. EPIC previously petitioned the Supreme Court to suspend the program, arguing that the NSA program exceeded the section 215 legal authority.
Privacy Groups Appeal UK Surveillance Decision » (Apr. 23, 2015)
Human rights organizations have appealed a judgment concerning GCHQ spying to the European Court of Human Rights. Liberty first challenged the GHCQ in case before the UK Investigative Powers Tribunal. The Tribunal ruled in December that the GCHQ complied Article 8 of the European Convention on Human Rights, but in February 2015 the Tribunal held that the oversight rules were not made accessible to the public as required by Article 8.
European Court of Justice Hears Case Challenging "Safe Harbor" Agreement and NSA Spying » (Mar. 24, 2015)
The Court of Justice for the European Union heard arguments this week in Maximilian Schrems v. Data Protection Commissioner, a case filed in Ireland following the revelations of the NSA PRISM program. At issue is whether the disclosure of EU citizens' data by Facebook and other Internet companies to the NSA violates the EU Charter of Fundamental Rights, and whether the EU-US "Safe Harbor" agreement provides "adequate" data protection. A decision is likely later this year. Schrems is the recipient of the 2013 EPIC International Privacy Champion Award.
Wikimedia Sues NSA Over Mass Internet Surveillance » (Mar. 10, 2015)
Wikimedia filed a federal lawsuit against the NSA over the mass surveillance of Internet communications. Wikimedia asked the court to halt the government's upstream collection—the practice of directly tapping into the Internet backbone that carries communications across the U.S. Wikimedia argues that upstream collection exceeds statutory authority and violates the First and Fourth Amendments, as well as Article III of the Constitution. Explaining the case, Wikipedia founder Jimmy Wales wrote, "Privacy is an essential right. It makes freedom of expression possible, and sustains freedom of inquiry and association." In 2013, EPIC petitioned the Supreme Court to stop the NSA's bulk telephone metadata program.
EPIC Partially Prevails in FOIA Case, Wikileaks Investigation Ongoing » (Mar. 5, 2015)
A federal judge has granted in part EPIC's motion for summary judgment in a FOIA case about the government's surveillance of Wikileaks supporters. Three divisions of the Justice Department - the FBI, the National Security Division, and the Criminal Division - failed to provide any documents in response to EPIC's FOIA request. The FBI stated that there was no surveillance of supporters and that an investigation was ongoing. Judge Rothstein sided with the FBI and the Criminal Division, but held that the National Security Division had failed to justify its withholdings.
UK Privacy Groups Prevail in GCHQ Spying Case » (Feb. 9, 2015)
A British court that oversees intelligence gathering has ruled that GCHQ, the British spy agency, violated international human rights law with the mass collection of cellphone and Internet data. Last year, the same court ruled that data could lawfully be transferred between US and UK intelligence agencies. That earlier decision is on appeal to the European Court of Human Rights in Strasbourg. In 2013, following the disclosure of the "Verizon order," which authorized the NSA's routine collection of US telephone records, EPIC brought a petition to the US Supreme Court, arguing that the agency practice exceeded the "Section 215" authority. Dozens of legal scholars and former members of the Church Committee supported the EPIC petition.
Privacy Board Renews Call for President Obama to End Bulk Collection » (Jan. 30, 2015)
The Privacy and Civil Liberties Oversight Board released a report on prior recommendations regarding the NSA's domestic and global surveillance programs. The Board stated that the Obama Administration has failed to end the domestic telephone collection program. The Board stated, "the Administration can end the bulk telephone records program at any time, without congressional involvement." EPIC and a broad coalition have repeatedly urged the President end the NSA's bulk record collection program. Previously, EPIC petitioned the Supreme Court, with the support of dozens of legal experts, arguing that the NSA program was unlawful.
Schneier: Over 700 Million People Taking Steps to Avoid NSA Surveillance » (Dec. 17, 2014)
Famed technologist and EPIC Advisory Board member Bruce Schneier pushed back against media claims that Edward Snowden's revelations about the NSA have had little impact on Internet users. A recent global survey found that 39% of Internet users who have heard of Snowden have taken steps to protect their online privacy. Some news articles have characterized these users as "merely 39%" and "only 39%." But Schneier did the math and found that Snowden’s impact has been far from insignificant: "706 million people have changed their behavior on the Internet because of what the NSA and GCHQ are doing." A recent Pew survey also indicates that the NSA revelations have had a dramatic impact on Internet users. Last year, EPIC filed a petition to the U.S. Supreme Court to stop the NSA's collection of domestic telephone records, following the release of the "Verizon Order." For more information, see EPIC: In re EPIC, EPIC: Smith v. Obama, and EPIC: Foreign Intelligence Surveillance Act Reform.
British Court Upholds Mass Surveillance by UK Spy Agency » (Dec. 8, 2014)
The Investigatory Powers Tribunal, which reviews complaints of unlawful surveillance by Britain's intelligence agencies, ruled that mass collection of online communications is legal. The complaint was brought by several privacy rights groups in the UK and focused on GCHQ's electronic surveillance program, TEMPORA, and information the UK spy agency obtained through NSA's PRISM and Upstream programs. The privacy rights groups plan to appeal the decision to the European Court of Human Rights. EPIC previously challenged the NSA's mass surveillance of U.S. phone records in a 2013 petition to the Supreme Court. EPIC's petition argued that the Foreign Intelligence Surveillance Court exceeded its authority when it ordered Verizon to turn over records on all of its customers to the NSA. The EPIC petition was supported by legal scholars and former members of the Church Committee. For more information, see In re EPIC and EPIC: Foreign Intelligence Surveillance Act Reform.
Senator Leahy Calls on the President to End Bulk Collection of Phone Records » (Dec. 4, 2014)
Today Senator Patrick Leahy (D-VT) urged President Obama to end the dragnet collection of U.S. telephone records under Section 215 of the Patriot Act. The current authorization for the NSA's bulk collection program expires on Friday, December 5, 2014. Senator Leahy's comments follow the recent efforts to pass the USA FREEDOM Act of 2014, which would end the NSA's surveillance program. Senator Leahy said that ending the reauthorization of the program "would not be a substitute for comprehensive surveillance reform legislation - but it would be an important first step." In June EPIC, joined by many organizations, urged the President and Attorney General to end the bulk collection program. And in 2013 EPIC petitioned the Supreme Court, arguing that a special surveillance court exceeded its authority when it ordered Verizon to turn over records on all of its customers to the NSA. For more information, see In re EPIC and EPIC: Foreign Intelligence Surveillance Act Reform.
EPIC Seeks Reports on FISA Court Decisions » (Nov. 24, 2014)
In a Freedom of Information Act lawsuit against the Department of Justice, EPIC filed a Motion for Summary Judgment on Friday arguing that the agency improperly withheld surveillance reports sought by EPIC. The semiannual reports, prepared for Congressional oversight committees, summarize significant FISA Court decisions and include the total number of FISA applications filed by the government and the number of U.S. persons targeted for surveillance. They are similar to reports that are routinely disclosed to the public. EPIC argued that the "FISA Pen Register" reports should also be disclosed because they describe topics of "utmost importance to the public and are necessary to inform the ongoing debate over current surveillance authorities." EPIC maintains a summary of all the annual FISA statistics published by the Attorney General. For more information, see EPIC v. DOJ: FISA Pen Register Reports and EPIC: FISA Court Orders.
Senate Republicans Block US Surveillance Reform » (Nov. 19, 2014)
An effort led by Senator Patrick Leahy (D-VT) to pass the USA FREEDOM Act failed on a narrow procedural vote last night. The FREEDOM Act would have ended the NSA's bulk collection of US telephone records. The bill would also improve oversight and accountability of the Foreign Intelligence Surveillance Act. Last year, EPIC petitioned the Supreme Court to suspend the bulk collection of Americans' telephone records. EPIC's petition was supported by dozens of legal scholars and former members of the Church Committee. EPIC also testified in Congress in support of improved reporting for domestic surveillance activities. For more information, see EPIC: Foreign Intelligence Surveillance Act Reform and In re EPIC.
Senator Leahy Urges Swift Passage of USA Freedom Act » (Nov. 13, 2014)
Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, has urged swift passage of the USA FREEDOM Act, which would end the government's dragnet collection of telephone records. The bipartisan bill, which Senator Leahy introduced in July, would also improve oversight accountability for domestic surveillance activities. It has broad bipartisan support among the Intelligence Community, the technology industry, and privacy advocates. Senator Leahy said "Congress should pass the bipartisan USA FREEDOM Act without delay." Last year EPIC petitioned the US Supreme Court to end the NSA bulk record collection program. Former members of the Church Committee and dozens of legal scholars supported the EPIC petition. For more information, see EPIC: In re EPIC - NSA Telephone Record Surveillance.
Appeals Court Limits Military Surveillance of Civilian Internet Use » (Sep. 26, 2014)
The U.S. Court of Appeals for the Ninth Circuit ruled in United States v. Dreyer that an agent for the Naval Criminal Investigative Service violated Defense Department regulations and the Posse Comitatus Act when he conducted a surveillance operation in Washington state to identify civilians who might be sharing illegal files. The 1878 Act prevents the U.S. military from enforcing laws against civilians. The appeals court ruled that the NCIS intrusion into civilian networks showed “a profound lack of regard for the important limitations on the role of the military in our civilian society.” The court also ruled that the evidence obtained by NCIS should be suppressed to “deter future violations.” In a petition to the Supreme Court, EPIC challenged the NSA’s surveillance of domestic communications. The NSA is a component of the Department of Defense. For more information, see In re EPIC and EPIC v. DOJ: Warrantless Wiretapping Program.
Documents Obtained by EPIC Lawsuit Show NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges While Congressional Oversight Lagged for Years » (Aug. 12, 2014)
In a FOIA lawsuit against the Department of Justice, EPIC has obtained many documents about the NSA's Internet Metadata program. These include the Government's original FISA application seeking authorization to collect data from millions of e-mails, as well as declarations from NSA officials describing the program. The documents show that FISA Court Judge John Bates chastised the agency for "long-standing and pervasive violations of the prior [court] orders in this matter.'' The FISA Court first authorized the program in 2004, but the documents obtained by EPIC show that the legal justification was not provided to Congress until 2009. The documents also reveal that the DOJ withheld information about the program in testimony for the Senate Intelligence hearing prior to the reauthorization of the legal authority. The program was shut down in 2011 after a detailed review. For more information, see EPIC v. DOJ (FISA Pen Register) and EPIC: Foreign Intelligence Surveillance Court.
Senator Leahy Introduces Bill to End NSA Bulk Record Collection » (Jul. 29, 2014)
Today Senator Patrick Leahy (D-VT), joined by Democratic and Republican Senators, introduced legislation to end the NSA's practice of collecting telephone records of Americans. Leahy described the bill as "the most significant reform of government surveillance authorities since Congress passed the USA PATRIOT Act 13 years ago." The USA Freedom Act would require require the government to specify specific "search terms" to obtain telephone record information. The government would have to demonstrate that it has a "reasonable, articulable suspicion" that the search term is associated with a foreign terrorist organization. The bill also requires a comprehensive transparency report for the use of FISA surveillance authorities. However, the bill exempts the FBI from certain reporting requirements. Civil liberties organizations support the bill. EPIC previously filed a Petition for Mandamus with the U.S. Supreme Court, seeking to end the bulk collection of American's phone records. EPIC's petition was supported by legal scholars, technical experts, and former members of the Church Committee. For more information, see In re EPIC and EPIC: FISA Reform.
Federal and State Wiretaps Up 5% in 2013 According to Annual Report, But Stats Don't Support FBI Claims of "Going Dark" » (Jul. 29, 2014)
The Administrative Office of the U.S. Courts has issued the 2013 Wiretap Report, detailing the use of surveillance authorities by law enforcement agencies. This annual report, one of the most comprehensive issued by any agency, provides an insight into the debate over surveillance authorities and the use of privacy-enhancing technologies. In 2013, wiretap applications increased 5%, from 3,576 to 3,395. Authorities encountered encryption during 41 investigations, but encryption prevented the government from deciphering messages in only 9 cases. This statistic contradicts claims that law enforcement agencies are "going dark" as new technologies emerge. Of the 3,074 individuals arrested based on wiretaps in 2013, only 709 individuals were convicted based on wiretap evidence. EPIC has repeatedly called on greater transparency of FISA surveillance, citing the Wiretap Report as a model for other agencies. EPIC also maintains a comprehensive index of the annual wiretap reports and FISA reports. For more information, see EPIC: Title III Wiretap Orders, EPIC: Wiretapping, and EPIC: Foreign Intelligence Surveillance Act.
Coalition to President: End NSA's Bulk Collection Program Now » (Jun. 17, 2014)
EPIC and a coalition of 25 organizations urged the President and the Attorney General to end the NSA's bulk record collection program when the current authority expires on June 20. In January, the President committed to "end the Section 215 bulk metadata program as it currently exists." The coalition letter states, "[t]he NSA's Bulk Metadata program is simply not effective." Both the Privacy and Civil Liberties Oversight Board report and the President's Review Group report found the NSA's bulk collection to be ineffective. EPIC petitioned the Supreme Court to end the NSA's bulk collection of telephone records after the program was revealed last summer. EPIC's petition argued that the Foreign Intelligence Surveillance Court exceeded its authority when it ordered the production of all domestic telephone records. For more information, see In re EPIC.
House Adopts Weakened NSA Reform Bill, Senators Now Look to Improve Privacy and Transparency Protections » (May. 23, 2014)
The U.S. House of Representatives has voted to adopt a modified USA "FREEDOM" Act. The bill no longer prohibits bulk collection of communications records. Other key provisions were also removed. Senator Leahy said that the bill is "an important step towards reforming" surveillance authorities, but expressed disappointment that the current version "does not include some of the meaningful reforms contained in the original" bill. In 2013 EPIC filed a Petition to the Supreme Court seeking to end bulk collection of telephone call records. EPIC also testified before the House in 2012 that the FISA should not be renewed without adoption of new reporting requirements. For more information, see EPIC: FISA and EPIC: FISA Reform.
EPIC Sues Army for Information About DC Surveillance Blimps » (May. 7, 2014)
EPIC has filed a Freedom of Information Act lawsuit against the Department of the Army for documents about JLENS, a sophisticated surveillance system that will be deployed over Washington, DC during the next three years. JLENS is comprised of two 250' blimps. One blimp conducts aerial and ground surveillance over a 340-mile range, while the other has targeting capability including HELLFIRE missiles. The JLENS was originally deployed in Iraq. In the FOIA request, EPIC asked the Army for technical specifications as well as any policies limiting domestic surveillance. EPIC has urged Congress to establish privacy safeguards for aerial drones. For more information, see EPIC: EPIC v. Army - Surveillance Blimps, EPIC: Drones - Unmanned Aerial Vehicles, and EPIC Spotlight on Surveillance (2005) - "Unmanned Planes Offer New Opportunities for Clandestine Government Tracking."
House Judiciary Committee to Consider Bill to End Bulk Surveillance, Improve NSA Oversight » (May. 5, 2014)
The House Judiciary Committee has scheduled a markup of the USA Freedom Act. The proposed "Manager's Amendment", sponsored by James Sensenbrenner (R-WI), would prevent bulk collection of phone records and other business records, and would limit the scope of phone record searches. The bill would also (1) limit the collection of US persons communications by the NSA's PRISM program, (2) require public reports on the use of FISA surveillance, (3) require declassification of significant FISA Court opinions, and (4) create a public advocate at the FISA Court. In 2012, EPIC testified before the House Judiciary Committee on the need for public reports and the declassification of significant FISC opinions. In 2013, EPIC filed a petition with the Supreme Court, alleging that the bulk collection of telephone record was unlawful. For more information, see EPIC: FISA Reform and In re EPIC.
Annual FISA Report Shows Decrease in Surveillance Orders, Questions About Scope Remain » (May. 1, 2014)
The Department of Justice has published the 2013 FISA Report. The brief report provides summary information about the government's use of the Foreign Intelligence Surveillance Act. In 2012 the Foreign Intelligence Surveillance Court granted 1,789 FISA orders and 212 "Section 215" orders. In 2013, there were 1,588 requests to conduct FISA surveillance, with 34 modifications. The FISC also granted 178 business record orders under Section 215, with 141 modified by the court. The significant number of modified orders indicates that the government's initial applications are too broad. For example, the controversial NSA Metadata program, was authorized by the surveillance court under a modified order. It is possible that in 2013 the court authorized other bulk collection programs. For more information, see EPIC: FISC Orders 1979-2014 and EPIC: FISA Graphs.
President Obama Renews Unlawful, Ineffective Surveillance Authority » (Mar. 29, 2014)
According to the Attorney General and the Director of National Intelligence, President Obama has renewed the NSA's authority to collect all of the telephone records of all American telephone customers. The "Section 215" program exceeded Congressional authority and was found to be ineffective by two expert panels. At a speech on January 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists. However, according to DNI Clapper, the United States filed an application with the FISC to reauthorize the existing program as previously modified for 90 days, and the FISC issued an order approving the government's application. The order issued expires on June 20, 2014. EPIC and others have strongly objected to the renewal of the 215 program. For more information, see EPIC In re EPIC.
Senator Leahy Urges President to End NSA Record Collection Program on Friday » (Mar. 27, 2014)
In remarks published this week, Senator Patrick Leahy, Chairman of the Senate Judiciary Committee and co-sponsor of the USA FREEDOM Act, said "I welcome the President's statement that he plans to end the bulk collection of American’s phone records. That is a key element of what I and others have outlined in the USA FREEDOM Act, and that is what the American people have been demanding." Senator Leahy added, "the President could end bulk collection once and for all on Friday by not seeking reauthorization of this program. Rather than postponing action any longer, I hope he chooses this path." EPIC and others have urged the President not to renew the NSA telephone record collection authority when it expires this week. For more information, see In re EPIC.
Deadline Approaches for End of NSA's Telephone Record Collection Program » (Mar. 24, 2014)
March 28 marks the deadline set by President Obama to end the NSA's bulk collection of American's telephone records. Last week, Attorney General Eric Holder confirmed that the Justice Department is ready to meet the deadline that the President has set. After extensive meetings with leaders of the Intelligence Community, both the President's Review Group and the Privacy and Civil Liberties Oversight Board found the program was ineffective and likely exceeded current legal authority. Senator Leahy, who held extensive public hearings, has stated "This program is not effective. It has to end." EPIC, supported by dozens of legal scholars and former members of the Church Committee, petitioned the US Supreme Court in July 2013 to end the "215" program. For more information, see In re EPIC and EPIC: NSA Verizon Phone Record Monitoring.
EPIC Obtains Secret Attorney General Reports on Electronic Surveillance » (Mar. 19, 2014)
As a result of an FOIA lawsuit, EPIC has obtained copies of the Attorney General Reports on the government's electronic surveillance activities. These reports have been submitted to Congress every six months since 2001 but have never before been disclosed to the public. These reports include new details about government collection of telephone and Internet records. The reports include the number of US persons targeted for "Pen Register" surveillance under the Foreign Intelligence Surveillance Act. The reports also contain noncompliance incidents and significant foreign intelligence court opinions, but those details have been withheld by the Justice Department. The documents obtained by EPIC also show that the Justice Department told Congress that the collection of telephone subscriber information would decrease, even after the section 215 bulk collection program began. The case is EPIC v. Dept. of Justice, No. 13-961. For more information, see EPIC v. DOJ - FISA Pen Registers and EPIC: FISA Stats.
In FOIA Lawsuit, EPIC Obtains Secret Reports on Data Collection » (Mar. 3, 2014)
In a Freedom of Information Act lawsuit, EPIC has obtained reports that detail the number of times the Surveillance Court authorized the use of techniques that gather the telephone numbers and metadata of phone customers and Internet users. The previously secret reports obtained by EPIC cover the period between 2000 and 2013. The reports reveal a dramatic increase in the use of these techniques in 2004 and then a significant reduction in 2008, likely the consequence of a shift to other investigative techniques. The documents show that nearly all applications to the Surveillance Court were approved without modifications. In 2013, EPIC petitioned the Supreme Court to end the bulk telephone record collection program. Former members of the Church Committee and dozens of legal scholars supported the EPIC petition. For more information see: EPIC v. Department of Justice - Pen Register Reports, EPIC: Foreign Intelligence Surveillance Court Orders 1979-2012, and In re EPIC.
New Limits on NSA Telephone Record Program Established, Authority Expires March 28 » (Feb. 7, 2014)
The Foreign Intelligence Surveillance Court has granted the government’s motion to limit access by the NSA to the bulk telephone records provided by US telephone companies. Under the new rules, the government cannot "query" the telephone metadata until after the court finds that there is a "reasonable, articulable suspicion that the selection term is associated with" a terrorist organization. The new rules also limit query results to telephone numbers within "two hops" of the selector. President Obama announced the new legal requirement during his recent speech on surveillance reform, when he committed to end the NSA’s bulk record collection program. The NSA's authority to force US telephone companies to turn over records on all their customers will expire on March 28th. The President has recommended that the Intelligence Community and the Attorney General propose an alternative to the bulk collection program prior to that deadline. For more information, see EPIC: FISC and EPIC: NSA Verizon Phone Record Monitoring.
Review Group to Senate: NSA Program Has Not Prevented Threats » (Jan. 15, 2014)
Members of the President's Review Group presented their recommendations for NSA reform a Senate Judiciary Committee hearing. EPIC participated in the work of the Review Group. The export panel set out 46 recommendations on a range of issues from reforming intelligence surveillance directed at United States persons to promoting prosperity, security, and openness in the networked world. The Members stated the the NSA's bulk collection of metadata had not prevented threats against the United States and recommend that the it be ended. Acknowledging privacy concerns, former CIA Deputy Director Michael Morrell also stated that "there is quite a bit of content in metadata." Last year, EPIC filed a petition in the Supreme Court challenging the legality of the NSA's telephone record collection program. Legal scholars and former members of the Church Committee supported the EPIC petition. The Supreme Court dismissed the petition without ruling on the merits. For more information, see In re EPIC.
"there is quite a bit of content in metadata" - Morrell, former CIA Deputy Director
Federal Communications Commission Seeks Public Comment to Protect Phone Record Privacy » (Jan. 7, 2014)
The Federal Communications Commission has invited public comments on a petition requesting the FCC to rule that the sale of consumer phone records to the government is a violation of the federal Communications Act. EPIC joined the petition, which was organized by Public Knowledge. In 2013, EPIC urged the FCC to determine whether AT&T violated the Communications Act when it sold private consumer call detail information to the Drug Enforcement Administration and Central Intelligence Agency. In 2013 EPIC also wrote to the FCC to explain that Verizon had likely violated the Communications Act when it disclosed telephone records to the NSA. Public comments on the petition are due January 17, 2014 and reply comments are due February 3, 2014. For more information, see EPIC: CPNI (Customer Proprietary Network Information), and EPIC: Foreign Intelligence Surveillance Act.
NY Judge Rules NSA Program Legal, Split Emerges Among Courts » (Dec. 30, 2013)
A federal judge in New York has ruled that the NSA's telephone metadata program is legal. The ruling comes less than two weeks after a federal judge in Washington, DC issued an injunction against the telephone record collection program—calling it an "unreasonable search under the Fourth Amendment." The opinions create a split amongst the district courts as to the legality of the NSA's program. Both opinions are expected to be appealed. The President's Review Group recently released its report recommending the end of the NSA's bulk collection of telephony metadata. EPIC filed a Petition in the U.S. Supreme Court challenging the legality of the program, shortly after the disclosure earlier this summer. For more information, see In re EPIC and EPIC: FISC Verizon Order.
Federal Judge Enjoins Telephone Metadata Program, NSA Likely Violated Fourth Amendment » (Dec. 16, 2013)
A federal judge today issued an injunction against the NSA telephone record collection program. Judge Leon ruled that the plaintiffs "have a substantial likelihood of showing that their privacy interest outweigh the Governments interest in collecting and analyzing bulk telephony metadata and therefore the NSA's Bulk Metadata program is indeed an unreasonable search under the Fourth Amendment." Judge Leon also stressed that "While Congress has great latitude to create statutory schemes like FISA, it may not hang a cloak of secrecy over the Constitution." This is the first court opinion issued on the controversial surveillance program. EPIC filed a Petition in the U.S. Supreme Court challenging the legality of the the program, shortly after the disclosure earlier this summer. The decision of the district court will be stayed pending an appeal by the government to the DC Circuit Court of Appeals. For more information, see In re EPIC and EPIC: FISC Verizon Order.
Senate Confirms Judge Wald for Privacy Oversight Board » (Dec. 13, 2013)
The Senate confirmed the reappointment of Judge Patricia M. Wald to the Privacy and Civil Liberties Oversight Board. Judge Wald's current term was set to expire next month, but President Obama re-nominated her on March 21, 2013. Last year, EPIC recommended that the Oversight Board, consistent with its mandate, pursue a broad agenda, including (1) suspension of the Fusion Center Program ; (2) limiting closed-circuit television surveillance; (3) eliminating the use of body scanners; (4) establishing privacy regulations for drones; (5) improving Information Sharing Environment (ISE) and Suspicious Activity Reporting (SARS) Standards; and (6) Privacy Act adherence. More recently, EPIC addressed the Board at a workshop on NSA Surveillance. And in response to a public rulemaking, EPIC also provided extensive comments on a proposed rule governing the Board's Freedom of Information Act practices. The Board adopted nearly all of EPIC's recommendations on transparency. For more information, See EPIC: Foreign Intelligence Surveillance Act and EPIC: Open Government.
Presidential Task Force to Recommend Changes at NSA » (Dec. 13, 2013)
The Review Group on Intelligence and Communications Technologies, established to recommend surveillance reforms, will send a final report to the President this Sunday. According to one news article, the task force will recommend putting a civilian leader in charge of NSA, separating out the code-breaking "Information Assurance Directorate," and splitting the U.S. Cyber Command off into a separate military unit. The Review Group will also recommend new limits on the NSA’s ability to search telephone call records, proposing that telephone records be stored with a third party rather than the NSA. The group will also recommend safeguards for the data of European citizens, and restrictions on the use of National Security Letters. Earlier this year, EPIC filed a petition with the U.S. Supreme Court, supported by legal scholars and former members of the Church Committee, arguing that the NSA bulk collection program was unlawful. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Foreign Intelligence Surveillance Act Reform, and EPIC: In re EPIC.
EPIC Supports Petition Urging FCC to Protect Phone Record Privacy » (Dec. 11, 2013)
EPIC has joined a petition to the Federal Communications Commission, organized by Public Knowledge, that asks the FCC to rule that the sale of consumer phone records to the government is a violation of the federal Communications Act. Last month, EPIC urged the FCC to determine whether AT&T violated the Communications Act when it sold private consumer call detail information to the Drug Enforcement Administration and Central Intelligence Agency. And in June, following the initial Snowden disclosure, EPIC wrote to the FCC to explain that Verizon had likely violated the Communications Act when it disclosed telephone records to the NSA. EPIC has also long supported the FCC's consumer privacy enforcement authority, filing amicus briefs in significant cases, including US West v. FCC and NCTA v. FCC, to defend the agency’s privacy regulations. For more information, see EPIC: CPNI (Customer Proprietary Network Information), EPIC: Foreign Intelligence Surveillance Act.
EPIC Asks Federal Court to Require Immediate Release of Government Surveillance Reports » (Dec. 9, 2013)
EPIC has filed a Freedom of Information Act lawsuit for the reports that detail the NSA's collection of call record information from US telephone companies. Citing the Department of Justice's failure to comply with EPIC original EPIC's FOIA Request and the urgency to inform the public, EPIC has also filed a motion for a preliminary injunction, asking a federal judge to rule within 20 days on EPIC’s legal claims. EPIC is seeking the reports that the Justice Department has routinely prepared for Congress but never made available to the public. The Foreign Intelligence Surveillance Court, relying on these reports, has approved the bulk, suspicionless collection of Internet and e-mail data, which is now widely debated. For more information, see EPIC: EPIC v. DOJ (Pen Register / Trap and Trace).
EPIC Files Lawsuit to Determine Legal Authority For PRISM Program » (Nov. 25, 2013)
EPIC has filed a Freedom of Information Act lawsuit against the Department of Justice's Office of Legal Counsel for the secret legal analyses that justifies the use of the NSA PRISM program. PRISM is a program that allows the FBI and NSA to collect information - including the contents of internet users' communications - directly from internet service providers, and without a warrant. Through this lawsuit, EPIC seeks to clarify which, if any, legal authority would permit such extensive domestic surveillance of personal activities. The secrecy of these opinions is of increasing concern to Open Government advocates. EPIC, joined by a coalition of FOIA organizations, recently filed an amicus brief in support of a New York Times lawsuit for opinions of the Office of Legal Counsel. For more information, see EPIC v. DOJ - PRISM.
EPIC Urges FCC to Investigate AT&T’s Practice of Selling Consumer Phone Records » (Nov. 18, 2013)
In a letter to Federal Communications Commission Chairman Tom Wheeler, EPIC urged the FCC to determine whether AT&T violated the Communications Act when it sold private consumer call detail information to the Drug Enforcement Administration and Central Intelligence Agency. EPIC's letter follows an earlier letter where EPIC asked the FCC to resolve whether Verizon violated the Communications Act when it released consumer call detail information to the National Security Agency. EPIC's letter also informed the Commission that the National Association of Regulatory Utility Commissioners has issued a draft resolution underscoring the crucial role of the FCC in protecting consumer information. For more information, see EPIC: In re EPIC and EPIC: Foreign Intelligence Surveillance Act.
Supreme Court Declines EPIC's Challenge to NSA Domestic Surveillance Program, Leaves in Place Order of Surveillance Court » (Nov. 18, 2013)
Today the Supreme Court denied review of In re EPIC, a direct challenge to the NSA telephone record collection program. EPIC argued that an order of the secretive Surveillance Court that required Verizon to turn over all customer records exceeded legal authority. "It is simply not possible that every phone record in the possession of Verizon is relevant to a national security investigation," EPIC stated. EPIC asked the Supreme Court to overturn the order of the Foreign Intelligence Surveillance Court. Prominent legal scholars and members of the Church Committee who wrote the law agreed. Four groups filed amicus briefs in support and urged the Supreme Court to grant EPIC’s petition. However, the Supreme Court, without comment, declined to hear the case. For more information, see In re EPIC, In re EPIC Press Release.
Supreme Court to Consider EPIC Challenge to NSA Program This Week » (Nov. 12, 2013)
The Supreme Court is scheduled to consider EPIC's challenge to the NSA telephone record collection program at conference this week. EPIC has asked the Court to overturn an order of the Foreign Intelligence Surveillance Court that compelled Verizon to produce all of the telephone records of all of its customers to the NSA. EPIC said that this order clearly exceeded the authority of the surveillance court. The EPIC Petition was distributed to the Justices last week along with briefs by former Church committee members and prominent scholars in information law, federal jurisdiction, and constitutional law, who all urged the Supreme Court to grant the EPIC petition. For more information, see In re EPIC.
Leahy and Sensenbrenner Introduce USA FREEDOM Act » (Oct. 29, 2013)
The Democratic Chair of the Senate Judiciary Committee and the Republican author of the Patriot Act have introduced the USA FREEDOM Act, which would reform the Foreign Intelligence Surveillance Act and limit NSA surveillance activities. A bi-partisan coalition, including 17 Senators and 70 Members of Congress, have joined as original co-sponsors. Key provisions of the FREEDOM Act increase transparency of intelligence activities, prevent end-runs around the FISA Court, and improve public reporting. In 2012 EPIC testified before the House Judiciary Committee about the need to reform FISA and to improve oversight of the FISA court. The FREEDOM Act also ends the controversial bulk phone records collection program. EPIC has brought a challenge in the Supreme Court to the phone records program, explaining that it is unlawful under current law. For more information, see EPIC: In re EPIC and EPIC - Foreign Intelligence Surveillance Act.
EPIC Supports Campaign to End Mass Surveillance » (Oct. 29, 2013)
EPIC joined more than one hundred organizations at the Stop Watching Us rally October 28 in Washington DC. EPIC Counsel Khaliah Barnes told the crowd, "First they ignore us, then they laugh at us, then they fight us, and then we win." The night before the rally, EPIC organized a crypto party with Public Citizen. Featured speakers included Bruce Schneier and Libertarian Presidential candidate Gary Johnson. EPIC has filed a Supreme Court challenge to the NSA telephone record collection program. For more information, see In re EPIC - NSA Telephone Records Surveillance.
In EPIC v. NSA, Court Rules Presidential Directives are Not Subject to FOIA but Orders Release of Additional Documents to EPIC » (Oct. 23, 2013)
A federal court has issued an opinion in EPIC v. NSA, EPIC's Freedom of Information Act lawsuit concerning the government's policy for the security of American computer networks. As a result of the lawsuit, EPIC obtained documents that the National Security Agency had withheld from the public. The documents concern NSPD 54, a presidential policy directive outlining the scope of the NSA's authority over computer networks in the US. EPIC also challenged the NSA's decision to withheld several other records including the National Security Presidential Directive 54. A federal district court has now ruled that NSPD 54 is not subject to the FOIA because it was not under "the control" of the National Security Agency and the other federal agencies and officials who received the presidential directive. The Court also ordered to the NSA to identify and release other documents to EPIC.For more information, see: EPIC v. NSA - Cybersecurity Authority.
EPIC, Coalition Urge NSA to Comply with Privacy Act » (Oct. 22, 2013)
EPIC, joined by a coalition of privacy, consumer rights, and civil rights organizations, has urged the Department of Defense to require the National Security Agency to comply with the federal Privacy Act, the primary law protecting personal information held by the federal government. The comments came in response to a proposed agency rule that would amend the Defense Department's privacy program. The organizations noted that the National Security Agency is a component of the Defense Department and subject to agency regulations. EPIC and the coalition stated, "The DOD must ensure that the NSA complies with the Privacy Act by publishing additional system of records notices and otherwise adhering to the Privacy Act before it can adopt its current proposal." Although the NSA has identified twenty-six Privacy Act databases, recent revelations by the Guardian suggest that there are many other databases subject to the Privacy Act that should be identified. EPIC has also petitioned the Supreme Court, challenging to the NSA's telephone record collection program. For more information, see In re EPIC.
Government Responds to EPIC's Supreme Court Challenge of NSA Telephone Record Program » (Oct. 14, 2013)
The Solicitor General has filed a response to EPIC's challenge to the NSA's telephone record collection program. In July, EPIC petitioned the Supreme Court to vacate the order of the Foreign Intelligence Surveillance Court that requires Verizon to turn over all telephone records to the NSA. EPIC argued that the Intelligence Court exceeded its legal authority and could not compel a telephone company to disclose so much personal information unrelated to a foreign intelligence investigation. Legal scholars and former Members of Congress filed briefs in support of EPIC's petition, including privacy and national security scholars, constitutional scholars, federal courts scholars, and members of the Church Committee. Congressman James Sensenbrenner, the primary author of the Patriot Act, has said that the telephone records collection program was never authorized by Section 215. For more information, see In re EPIC.
Senator Leahy Urges FISA Reform at Georgetown Law » (Sep. 25, 2013)
Speaking at a conference hosted by the Georgetown University Law Center, the Chairman of the Senate Judiciary Committee called for an end "to the bulk collection of Americans' phone records." Senator Leahy said "the system set up in the 1970s to regulate the surveillance capabilities of our Intelligence Community is no longer working. We must recalibrate." Senator Leahy has introduced bipartisan legislation that would end the telephone record collection program, reduce secret law, and improve the structure of the Foreign Intelligence Surveillance Court. The Senate Judiciary Committee will hold an oversight hearing next week on the Foreign Intelligence Surveillance Act. EPIC has filed a petition with the US Supreme Court, arguing that the bulk collection of telephone toll records is unlawful. For more information, see EPIC - In re EPIC.
Senators Call for Public Report by IC Inspector General on NSA Surveillance » (Sep. 24, 2013)
A bipartisan group of Senators, including the Chairman and Ranking Members of the Senate Judiciary Committee, have called for a full-scale review of the use of surveillance authorities by the intelligence community. The Senators emphasized that the findings and conclusions of this review be made public to "help promote greater oversight, transparency, and public accountability." The requested report would address activities conducted under Section 215 of the USA PATRIOT Act and Section 702 of the FISA, which includes the collection of the telephone call records of hundreds of millions of Americans. Specifically, the report would review the use and implementation of 215 and 702, the applicable minimization procedures, any improper use of the authorities, and examine the effectiveness over the 2010-2013 period. EPIC is currently challenging the order for bulk collection of domestic call records in its Petition for Writ of Mandamus in the U.S. Supreme Court. For more information, see In re EPIC and EPIC: FISA Reform.
Foreign Intelligence Court Releases Controversial Opinion on Domestic Telephone Records Program » (Sep. 20, 2013)
The Foreign Intelligence Surveillance Court (FISC) has released an Opinion, justifying the NSA's telephone record collection program. In the Opinion, Judge Claire Eagan states that "there is no Fourth Amendment impediment to the collection" of all domestic call detail records. Judge Eagan also concluded that all domestic call detail records are "relevant" under Section 215 because "individuals associated with international terrorist organizations use telephonic systems to communicate" and because the government argued that bulk collection is 'necessary to create a historical repository of metadata' in order to identify 'known and unknown operatives. This FISC opinion was issued more than a month after EPIC filed its Mandamus Petition challenging the NSA domestic surveillance in the U.S. Supreme Court. The Eagan opinion has also been criticized by legal scholars. For more information, see In re EPIC.
Office of National Intelligence Releases New Documents on NSA Surveillance » (Sep. 11, 2013)
The Office of the Director of National Intelligence has just released new documents concerning the NSA's surveillance programs. The documents, which include numerous filings with the Foreign Intelligence Surveillance Court, date back to 2006. The documents specifically relate to the governments collection of information under Section 215 of the USA PATRIOT Act. In a Mandamus Petition to the United States Supreme Court, EPIC has argued that the FISA Court exceeded the statutory authority under Section 215 when it authorized bulk collection of American's telephone records in an Order concerning Verizon. Under Section 215, the FISA Court may order businesses to produce records that are "relevant" to an authorized national security investigation, but the Verizon Order requires production of all domestic telephone records on an ongoing basis. For more information, see EPIC: In re EPIC - NSA Telephone Records Surveillance.
EPIC Meets with President's Intelligence Review Group » (Sep. 9, 2013)
EPIC President Marc Rotenberg and EPIC Advisory Board Member Steve Aftergood met today with the Review Group on Intelligence and Communication Technology. The President tasked the panel with the responsibility to assess whether the "United States employs its technical collection capabilities in a manner that optimally protects our national security and advances our foreign policy while appropriately accounting for other policy considerations, such as the risk of unauthorized disclosure and our need to maintain the public trust." EPIC submitted detailed recommendations and included copies of EPIC's Supreme Court petition, arguing that the current domestic surveillance program is unlawful, as well as EPIC's Congressional testimony on the FISA Amendments Act and EPIC's 2010 letter to the Foreign Intelligence Surveillance Court concerning reform of FISA procedures. The panel will accept comments from the public until October 4, 2013. Comments are to be sent to [email protected], which oddly is the domain of the current Director of National Intelligence.
European Parliament Begins Hearings on NSA Surveillance » (Sep. 4, 2013)
The European Parliament will hold a hearing, "Electronic Mass Surveillance of EU Citizens," on September 5, 2013. The hearing is hosted by the Committee on Civil Liberties, Justice, and Home Affairs ("LIBE Committee"). Witnesses include journalists and the Editor-in-Chief of the Guardian as well as current and former government officials. The hearing will focus on surveillance conducted by the United States, but will also address EU-Member State surveillance. A live stream will be accessible. The hearings is the first in a series mandated by a resolution of the European Parliament. EPIC has filed a Petition for a Writ of Mandamus in the U.S. Supreme Court, calling the National Security Agency's practice of collecting U.S. person phone call information unlawful. For more information, see EPIC: In re EPIC - NSA Telephone Records Surveillance.
Solicitor General Seeks Second Extension for Response to EPIC in Supreme Court Challenge to Domestic Surveillance Program » (Aug. 30, 2013)
The Solicitor General of the United States has asked the clerk of the US Supreme Court for a second extension to prepare a response to EPIC's Petition, which argues that the order of the FISA Court for domestic telephone toll records was unlawful and must be overturned. EPIC filed the Petition on July 8, 2013. Subsequently, several amicus briefs in support of EPIC were filed with the Court by privacy scholars, Constitutional scholars, experts in the Court's jurisdiction, and former members of the Church Committee. The Solicitor General asked for a 30-day extension for the initial August 12, 2013 deadline which was granted. The SG has now asked for a second 30-day extension. The case is In re EPIC, Petitioner, No. 13-58. For more information, see In re EPIC - NSA Telephone Records Surveillance.
NSA Responds to EPIC's Petition Concerning Domestic Surveillance, EPIC Considers Next Steps » (Aug. 30, 2013)
Two months after EPIC formally petitioned the National Security Agency to suspend the domestic surveillance program, the NSA has responded. In the petition, EPIC stated that "NSA's collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974, and the Foreign Intelligence Surveillance Act of 1978 as amended." EPIC further stated that NSA's domestic surveillance "substantively affects the public to a degree sufficient to implicate the policy interests" that require public comment. In response to EPIC, the NSA argued "any NSA activities involving the collection of communications that may meet the description set forth in your letter, if any, would not constitute Agency actions that are subject to notice-and-comment requirements . . ." The letter from the NSA Associate Director for Policy and Records also stated the "NSA operates in accordance with the Constitution and the laws of the United States." EPIC is considering subsequent legal action. For more information, see EPIC: NSA petition.
New Surveillance Reports for Intelligence Community » (Aug. 30, 2013)
The Director of National Intelligence has announced that  the Intelligence Community will release annually "aggregate information concerning" the use of national security authorities. The reports will include the use of both FISA and National Security Letter legal authorities. EPIC has previously recommended improved reporting of FISA activities, similar to the wiretap reports issued by the Administrative Office of the U.S. Courts. News reports indicate that the Intelligence Community paid Internet companies $394 m in 2011 to provide customer data to the US government.  For more information, see EPIC: FISA Reform.
President Announces Intelligence Review Group, EPIC Presses for FISA Reform » (Aug. 28, 2013)
President Obama met this week with the members of a newly formed group of experts to review intelligence and communications technologies. The group consists of computer security advisor Richard Clark, former CIA Director Michael Morell, and legal scholars Geoffrey Stone, Cass Sunstein, and Peter Swire. The White House said the group would advise the President on how "the United States can employ its technical collection capabilities in a way that optimally protects our national security and advances our foreign policy while respecting our commitment to privacy and civil liberties, recognizing our need to maintain the public trust, and reducing the risk of unauthorized disclosure." This week, EPIC contacted each of the review group members to provide important materials regarding the protection of privacy and civil liberties. EPIC sent to the Review Group members copies of EPIC's Supreme Court petition, arguing that the current domestic surveillance program is unlawful, as well as EPIC's Congressional testimony on the FISA Amendments Act and EPIC's 2010 letter to the Foreign Intelligence Surveillance Court concerning reform of FISA procedures. For more information, see EPIC: FISA Reform.
FISA Court: NSA Violated Fourth Amendment and the FISA » (Aug. 22, 2013)
A newly released opinion by the Foreign Intelligence Surveillance Court found that the NSA violated the Fourth Amendment and the Foreign Intelligence Surveillance Act when it acquired tens of thousands of wholly-domestic Internet communications. According to the opinion of the former Presiding Judge of the FISA Court, the NSA acquired more than 250 Million Internet communications per year. Roughly 9% of these communications are obtained via "upstream collection" and more than 50,000 each year contain domestic communications. The FISC found that NSA's targeting and minimization procedures were not reasonable under the Fourth Amendment given the large number of wholly domestic communications obtained. The FISC also found that NSA's minimization procedures violated the FISA, and required that the agency adopt additional protections to ensure privacy. For more information, see EPIC: Foreign Intelligence Surveillance Court.
EPIC Submits Ninth Petition to NSA to Suspend Domestic Surveillance » (Aug. 19, 2013)
EPIC, joined by over 3,000 members of the public, leading privacy experts, and journalists, has petitioned the National Security Agency for the ninth time, urging the suspension of the NSA domestic surveillance program pending public comments. EPIC first petitioned the agency on June 17, 2013. Because the NSA has failed to respond, EPIC has renewed the petition on a weekly basis. EPIC's petition states, "NSA's collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974, and the Foreign Intelligence Surveillance Act of 1978 as amended." The petition further states that the NSA's domestic surveillance "substantively affects the public to a degree sufficient to implicate the policy interests" that require public comment, and that "NSA's collection of domestic communications absent the opportunity for public comment is unlawful." By law, the NSA is required to respond. General Keith Alexander, NSA Director, has publicly stated that the agency is interested in receiving public comments: "Help us defend this country and protect our civil liberties and privacy. And if anybody has a better way to do it than what we are doing today, we want to hear that." EPIC intends to renew its request for a public rulemaking each week until the NSA responds. For more information and to join EPIC's petition, see EPIC: NSA petition.
NSA Violated Law Thousands of Times and Intercepted American Communications » (Aug. 19, 2013)
An internal audit has revealed that the NSA violated both legal rules and privacy restrictions thousands of times each year since 2008, leading to the unauthorized surveillance of American communications. According to the 2012 report, there were 2,776 violations in the previous 12 months alone. A "large number" of calls placed from Washington DC were intercepted when its area code was confused with that of Egypt. Another document shows how NSA analysts are trained to avoid giving "extraneous information" to their "FAA overseers" when they want to target an individual. In 2006, EPIC wrote to the Senate Judiciary Committee regarding instances of intelligence gathering misconduct by the FBI that were uncovered through EPIC's Freedom of Information Act requests. EPIC is currently petitioning the NSA to suspend its domestic surveillance program pending a public comment period. EPIC has also filed a petition with the U.S. Supreme Court challenging the legal authority of the FISA Court to authorize the NSA's program.
Administration Argues NSA Domestic Surveillance is Lawful; President Supports FISA Court Adversary » (Aug. 12, 2013)
The administration released a white paper outlining its legal argument for why the Patriot Act Section 215 authorizes the NSA to collect all Americans' telephone records. The government also released a NSA memo discussing the agency's program. At a press conference on Friday, President Obama outlined proposals that would address some, but not all, problems with the domestic surveillance programs, such as appointing a special advocate to argue in favor of civil liberties before the FISA Court. EPIC has brought a lawsuit in the Supreme Court challenging the legal authority for the NSA telephone surveillance program. For more information, see In re EPIC.
Government Releases Secret Court Order Authorizing NSA Telephone Surveillance » (Jul. 31, 2013)
The Director of National Intelligence has published the "Primary Order" from the FISA Court which describes the scope of the NSA's data analysis activities for telephone call records. The order details the procedures the NSA is expected to follow when reviewing data, but is heavily redacted. The order does not include a legal analysis of the surveillance laws being applied. The government also released past reports on the NSA's domestic surveillance program. For more information, see In re EPIC - NSA Telephone Records Surveillance and EPIC: NSA Petition.
Chairman Leahy Calls For End of NSA Telephone Surveillance Program » (Jul. 31, 2013)
Senator Patrick Leahy said in an oversight hearing that the NSA's domestic telephone surveillance program should be terminated. "This program is not effective. It has to end," said the Chairman of the Senate Judiciary Committee. Senator Leahy has also introduced the FISA Accountability and Privacy Protection Act, to strengthen oversight of the government surveillance programs. Representatives from the NSA and Justice Department testified about the legality of the NSA's collection of all telephone records in the United States. But both Democratic and Republican Committee members expressed concern about the scope and secrecy of the program. EPIC has filed a petition with the U.S. Supreme Court challenging the legal authority of the FISA Court to authorize the NSA's program. For more information, see In re EPIC - NSA Telephone Records Surveillance.
House Narrowly Defeats Bill to End NSA Domestic Surveillance Program » (Jul. 25, 2013)
In a surprisingly close vote, the House of Representatives voted 217 to 205 not to suspend funding for the controversial NSA program that has resulted in the collection of all call records of all American telephone customers. The outcome followed intense lobbying by the Administration and leaders of the intelligence community. The measure was introduced by Justin Amash (R-MI) and John Conyers (D-MI). EPIC has filed a petition with the US Supreme Court, charging that the program violates section 215 of the Patriot Act. A decision by the Court is expected in early October. For more information, see EPIC - In re Electronic Privacy Information Center.
FISA Court Renews Unlawful Surveillance Program, DOJ Defends Program » (Jul. 22, 2013)
According to the Director of National Intelligence, on July 19, 2013 the Government "filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the Court renewed that authority." In a separate filing, in a July 18 response to a challenge brought by the ACLU, the Department of Justice said that a federal district court in New York could not overturn the order of the FISA court. And in a July 16 letter to Congressman Sensenbrenner the Department asserts that "because the telephony metadata must be available in bulk to allow the NSA to identify records of terrorist communications, there are 'reasonable grounds to believe' that the data is relevant to an authorized investigation. EPIC has recently filed a petition with the US Supreme Court, challenging the lawfulness of the NSA domestic surveillance program. For more information, see EPIC - In re Electronic Privacy Information Center.
EPIC Updates Congress on Organization's Response to NSA Surveillance » (Jul. 16, 2013)
EPIC has sent a letter to the House Judiciary Committee describing EPIC's response to the NSA domestic surveillance program in anticipation of a hearing on FISA oversight. "In our view, the secret court simply lacks the legal authority to authorize this program of domestic surveillance," EPIC writes. EPIC has filed a petition with the U.S. Supreme Court challenging the Verizon Order issued by the Foreign Intelligence Surveillance Court. EPIC is also petitioning the NSA to create public rules governing its surveillance authorities. For more information, see In Re EPIC and EPIC: NSA Petition.
EPIC Renews Petition to NSA to Suspend Domestic Surveillance Program » (Jul. 15, 2013)
EPIC, joined by over 2,000 members of the public, leading privacy experts, and journalists, has again petitioned the National Security Agency, urging the suspension of the NSA domestic surveillance program pending public comments. EPIC, joined by leading privacy experts including James Bamford, Whitfield Diffie, and Bruce Schneier, first petitioned the agency on June 17, 2013. Because the NSA has failed to respond, EPIC has renewed the petition on a weekly basis. EPIC's petition states "NSA's collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974, and the Foreign Intelligence Surveillance Act of 1978 as amended." EPIC's petition further states that NSA's domestic surveillance "substantively affects the public to a degree sufficient to implicate the policy interests" that require public comment, and that "NSA's collection of domestic communications absent the opportunity for public comment is unlawful." By law, the NSA is required to respond. EPIC intends to renew its request for a public rule making each week until the NSA responds. For more information and to join EPIC’s petition, see EPIC: NSA Petition also #NSApetition.
EPIC Speaks to Oversight Board, Former Judge Questions FISC » (Jul. 10, 2013)
EPIC, in a prepared statement, addressed the Privacy and Civil Liberties Oversight Board regarding NSA surveillance under the Patriot Act and the Foreign Intelligence Surveillance Act at day long workshop. Retired Judge James Robertson, who served on the FISA Court, told the panel that he was "stunned" by the news that the government was collecting all of the telephone records of Americans. EPIC, which has recently filed a challenge to the domestic surveillance program with the Supreme Court, recommended increased public reporting for FISA and new limitations on the authority of the FISA court. EPIC previously provided recommendations to the Board for future work. Several of the recommendations were incorporated in the Board's semi-annual report. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: NSA Petition.
EPIC Files Supreme Court Petition, Challenges Domestic Surveillance Program » (Jul. 8, 2013)
EPIC has filed a Petition with the U.S. Supreme Court, asking the Court vacate an unlawful order by the Foreign Intelligence Surveillance Court that enables the collection of all domestic phone record by the NSA. The order, directed to Verizon, requires the production of all "call detail records" for calls made "wholly within the United States, including local telephone calls." EPIC said "It is simply not possible that every phone record in the possession of a telecommunications firm could be relevant to an authorized investigation. . . . Such an interpretation of [the law] would render meaningless the qualifying phrases contained in the provision and eviscerate the purpose of the Act." For more information, see In re Electronic Privacy Information Center.
Privacy International Files Complaint Against NSA, GCHQ Surveillance Programs » (Jul. 8, 2013)
Privacy International, a leading privacy organization based in London, filed a legal complaint today with a UK tribunal about the recently disclosed surveillance programs. Privacy International asserts that the NSA and its United Kingdom counterpart, GCHQ, have been conducting dragnet surveillance of American and British citizens, without any public accountability. PI also charges that by accessing the NSA's information pool, the British government is acting outside the rule of law. EPIC today filed a petition in the US Supreme Court, alleging that the Foreign Intelligence Surveillance Court exceeded its legal authority when it issued the order to Verizon to turn over all of the phone records of its customers. For more information, see EPIC: NSA Petition and EPIC: NSA - Verizon Phone Record Monitoring.
EPIC Renews Call for Suspension of NSA Domestic Surveillance Program » (Jun. 28, 2013)
Almost 2,000 members of the public have joined EPIC's petition to the National Security Agency, urging the suspension of the NSA domestic surveillance program pending public comment. EPIC, joined by leading privacy experts including James Bamford, Whitfield Diffie, and Bruce Schneier, first petitioned the agency on June 17, 2013. EPIC's petition states "NSA's collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974, and the Foreign Intelligence Surveillance Act of 1978 as amended." EPIC's petition further states that NSA's domestic surveillance "substantively affects the public to a degree sufficient to implicate the policy interests" that require public comment, and that "NSA's collection of domestic communications absent the opportunity for public comment is unlawful." EPIC intends to renew its request each week until the NSA responds. For more information and to join EPIC’s petition, see EPIC: NSA Petition.
Federal and State Wiretaps Up 24%, Primary Target Mobile Devices According to 2012 Report » (Jun. 28, 2013)
The Administrative Office of the United States Courts has issued the the 2012 Wiretap Report. The annual report, provides comprehensive data on all federal and state wiretap applications, including the types of crimes investigated, as well as the costs involved and whether arrests or convictions resulted. In contrast, the annual report from the Foreign Intelligence Surveillance Court provides almost no information about a surveillance authority that is routinely directed toward the American public. According to the 2012 Wiretap Report, 3,395 intercept orders were issued in 2012. Of these orders, 3,292 (97%) targeted "portable devices" and 7 were "roving" taps to target individuals using multiple devices. The vast majority (87%) of wiretaps were issued in narcotics investigations, though some involved multiple offenses. In 2012, installed wiretaps were in operation for an average of 39 days, 3 days below the average in 2011. Encryption was reported for 15 wiretaps in 2012 and for 7 wiretaps conducted during previous years. In four of these wiretaps, officials were unable to decipher the plain text of the messages. This is the first time that jurisdictions have reported that encryption prevented officials from obtaining the plain text of the communications since the Administrative Office began collecting encryption data in 2001.There were 3,743 arrests related to these intercepts, which resulted in 455 (12%) convictions. EPIC maintains a comprehensive index of the annual wiretap reports and FISA reports. For more information, see EPIC: Title III Wiretap Orders - Stats, EPIC: Wiretapping, and EPIC: Foreign Intelligence Surveillance Act.
Senator Leahy Introduces Legislation to Limit NSA Domestic Surveillance » (Jun. 25, 2013)
Senator Patrick Leahy (D-VT), joined by several other Senators, has introduced a bill that will amend certain provisions of the USA PATRIOT ACT and the FISA Amendments Act to address recent revelations about domestic surveillance by the National Security Agency. The provisions of the bill will increase the threshold for the NSA to obtain domestic metadata and require court-approved minimization procedures. In addition, the bill will move up expiration dates on surveillance authorities to June 2015. In a statement, Senator Leahy said, "these are all commonsense, practical improvement that will ensure that the broad and powerful surveillance tools being used by the Government are subject to appropriate limitations, transparency, and oversight." EPIC recommended similar proposals in testimony last year before the House Judiciary Committee. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: NSA Petition.
NSA Targeting and Minimization Procedures Released » (Jun. 21, 2013)
The Guardian has posted the procedures used by the National Security Agency to target non-US citizens under the Foreign Intelligence Surveillance Act, as well as the minimization procedure for information collected about US citizens. The documents indicate that "[a] person whose location is not known will be presumed to be a non-United States person," and that the NSA maintains databases of the telephone numbers, email accounts, and other identifiers of US citizens. EPIC recently petitioned the NSA to suspend its domestic surveillance pending public comment. Last year, in testimony for the House Judiciary Committee, EPIC urged Congress not to reauthorize the FISA Amendments Act until adequate oversight procedures were in place. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: NSA Petition.
EPIC Joins Coalition to Demand a Congressional Investigation into NSA Surveillance » (Jun. 19, 2013)
Today, EPIC joined a coalition of over 100 civil liberties organizations and Internet companies to demand that Congress initiate a full-scale investigation into the National Security Agency's surveillance programs. In the letter sent to Congress this morning, the coalition emphasized the need for public transparency and an end to dragnet surveillance: "This type of blanket data collection by the government strikes at bedrock American values of freedom and privacy." EPIC is also leading a petition to the NSA to suspend its program of collecting information on all individuals in the United States. EPIC intends to renew its request to the Agency every week until the NSA responds. For more information see EPIC: NSA Petition.
EPIC, Bamford, Diffie, Schneier Call for Suspension of NSA Domestic Surveillance Program Pending Public Comment » (Jun. 17, 2013)
EPIC, joined by leading privacy experts including James Bamford, Whitfield Diffie, and Bruce Schneier, has petitioned the National Security Agency to suspend its domestic surveillance program pending public comment. EPIC's petition states "NSA's collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974, and the Foreign Intelligence Surveillance Act of 1978 as amended." EPIC's petition further states that NSA’s domestic surveillance "substantively affects the public to a degree sufficient to implicate the policy interests" that require public comment, and that "NSA's collection of domestic communications absent the opportunity for public comment is unlawful." EPIC intends to renew its request each week until the NSA responds. For more information and to join EPIC’s petition, see: EPIC: NSA Petition.
EPIC Calls on FCC to Investigate Unlawful Disclosure of Consumer Phone Records » (Jun. 12, 2013)
In a letter to Federal Communications Commission Chairwoman Mignon Clyburn, EPIC urged the FCC to determine whether Verizon violated the Communications Act when it released consumer call detail information to the National Security Agency. In response to an unprecedented Foreign Intelligence Surveillance Court order which focused on solely domestic communications, Verizon released telephone customer information to the NSA, including telephone numbers and time and call duration. Congress explicitly charged the Commission with investigating unauthorized disclosures of consumer call detail information. EPIC's letter stated that Verizon violated legal protections for consumer phone records when it disclosed consumer information in response to a facially invalid order. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty Int'l, and EPIC: USA Patriot Act.
Senators Push For Release of Foreign Intelligence Surveillance Court Orders » (Jun. 12, 2013)
A bipartisan group of senators, led by Senator Jeff Merkley (D-OR) and Senator Mike Lee (R-UT), has proposed a bill that would declassify the opinions of the Foreign Intelligence Surveillance Court. In 2012 testimony before the House Judiciary Committee, EPIC recommended the publication of Foreign Intelligence Surveillance Court Opinions prior to the renewal of the FISA Amendments Act. Last week, EPIC charged the Foreign Intelligence Surveillance Court with acting outside of its authority. In a letter to Congress, EPIC stated, "The Foreign Intelligence Surveillance Court ordered an American telephone company to disclose to the NSA records of wholly domestic communications. The FISC lacks the legal authority to grant this order." EPIC asked Congress to conduct hearings and determine whether the specialized court, charged with overseeing the collection of foreign intelligence, may also authorize surveillance of solely domestic communications. EPIC has also filed Freedom of Information Act request a with the Department of Justice, seeking the agency's justification for the NSA domestic surveillance program. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty, and EPIC: USA Patriot Act.
EPIC Seeks Legal Justification for NSA Domestic Surveillance Program » (Jun. 7, 2013)
EPIC has filed a Freedom of Information Act request with the Department of Justice, seeking the agency's justification for the NSA domestic surveillance program. The Department of Justice authorized a request for "all call detail records or 'telephony metadata' created by Verizon for communications . . . (ii) wholly within the United States, including local telephone calls." By statute, the scope of the Foreign Intelligence Surveillance Court is limited to investigations concerning the collection of foreign intelligence. The Department of Justice and the President have been acknowledged that the Department conveyed information about the program to Congress. EPIC has asked Congress to determine whether the special court exceeded its authority when it compelled Verizon to turn over the records of millions of telephone customers. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty Int'l, and EPIC: USA Patriot Act.
Congress Begins Investigation of NSA Domestic Surveillance Program » (Jun. 7, 2013)
Following the revelation of that the National Security Agency is monitoring domestic communications, members of Congress are initiating new oversight proceedings. The Senate Intelligence Committee will review the program's legal authority. Members of the House Judiciary Committee wrote to President Obama, saying, "We believe this type of program is far too broad and inconsistent with our nation's founding principles." During a hearing of the Senate Appropriations Committee, Sen. Mark Kirk (R-IL)asked Attorney General Eric Holder whether the NSA has spied on members of Congress. EPIC has sent a letter to leaders in Congresscalling for an investigation into the NSA's activities, and alleging that the FISC's authorization of the Verizon search was unlawful. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty Int'l, and EPIC: USA Patriot Act.

EPIC to Congress: 'NSA Domestic Surveillance Program is Unlawful' » (Jun. 7, 2013)
EPIC has sent a letter to Congress charging that the National Security Agency's demand for domestic telephone records is unlawful. EPIC stated, "The Foreign Intelligence Surveillance Court ordered an American telephone company to disclose to the NSA records of wholly domestic communications. The FISC lacks the legal authority to grant this order." EPIC's letter calls on Congress to conduct hearings and determine whether the specialized court, charged with overseeing the collection of foreign intelligence, may also authorize surveillance of solely domestic communications. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty Int'l, and EPIC: USA Patriot Act.
Sweeping NSA Domestic Surveillance Order Approved Without Any Ties to Foreign Intelligence Collection » (Jun. 6, 2013)
An unprecedented order from the Foreign Intelligence Surveillance Court indicates that the FBI and the NSA obtained vast amounts of data on Verizon customers without any ties to a foreign intelligence investigation. Last year, in testimony for the House Judiciary Committee, EPIC urged Congress not to renew the Foreign Intelligence Surveillance Act without first establishing appropriate oversight mechanisms. EPIC warned "there is simply too little known about the operation of the FISA today to determine whether it is effective and whether the privacy interests of Americans are adequately protected." For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty Int'l, and EPIC: USA Patriot Act.
EPIC Seeks Documents on Government's Authority to Search Journalists' Email » (May. 14, 2013)
EPIC has filed a Freedom of Information Act request with the Department of Justice Office of Legal Counsel, seeking documents explaining the DOJ's legal authority to search the electronic communications of reporters. Following news reports that the DOJ seized the telephone records of the Associated Press, EPIC's request seeks to discover the legal basis for the action as well as whether the DOJ could obtain the email or text messaging records of journalists. In 2005, EPIC filed the first FOIA request concerning the government's "warrantless wiretapping". EPIC eventually obtained emails and a memo (pdf) 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 (pdf) 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. For more information, see EPIC: Open Government, EPIC: New York Times v. DOJ.
Coalition of Organizations Call for Greater Accountability for E-Verify » (May. 9, 2013)
Numerous 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 an 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. EPIC also cautioned against straining the resources of the Social Security Administration and the aggregation of employment data into a central location. In June 2011, EPIC filed comments with the Department of Homeland Security in opposition of the proposed expansion of E-Verify. For more information, see EPIC: E-Verify and Privacy and EPIC: Spotlight on Surveillance - E-verify System.
2012 FISA Orders Up, National Security Letters Down, No Surveillance Request Denied » (May. 2, 2013)
According to the 2012 Foreign Intelligence Surveillance Act (FISA) Report, the Department of Justice submitted 1,856 applications to the Foreign Intelligence Surveillance Court (FISC), a 6.4% increase over 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 one was withdrawn by the Government. However, the FISC did make modifications to 40 of the 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 concerning 6,223 different U.S. persons. This is a modest decrease from the 16,511 requests sent in 2011. 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, Office of Legislative Affairs. EPIC has recommended greater reporting of FISC applications and opinions, similar to what is disclosed in the Federal Wiretap Reports. For more information, see EPIC: Foreign Intelligence Surveillance Act Court Orders 1979-2012 and EPIC: Foreign Intelligence Surveillance Act.
Supreme Court Blocks Challenge to FISA Surveillance » (Feb. 27, 2013)
The Supreme Court ruled today in Clapper v. Amnesty Int'l USA that a constitutional challenge to the Foreign Intelligence Surveillance Act (FISA) cannot go forward. A group of attorneys and journalists alleged that the U.S. government could be intercepting their communications with their foreign contacts, in violation of the Fourth Amendment. In a divided 5-4 decision, Justice Alito wrote that the group's alleged injuries were too speculative to be considered. Justice Breyer, joined by Justices Ginsburg, Kagan, and Sotomayor, dissented and said that the Court's "certainly impending" standard was inconsistent with prior decisions. Justice Breyer also cited EPIC's "friend of the court" brief which described the extraordinary capacity of the NSA to capture private communications. For more information, see EPIC: Clapper v. Amnesty Int'l USA and EPIC: FISA.
EPIC Obtains Documents on NSA's "Perfect Citizen" Program » (Jan. 2, 2013)
The NSA has turned over documents on the controversial "Perfect Citizen" program to EPIC in response to a FOIA request. "Perfect Citizen" is an NSA program that monitors private networks in the United States. The redacted documents obtained from the federal agency by EPIC state that "[t]he prevention of a loss due to a cyber or physical attack [on Sensitive Control Systems, like large-scale utilities], or recovery of operational capability after such an event, is crucial to the continuity of the [Department of Defense] , the [Intelligence Community], and the operation of SIGNIT systems." The NSA claims that Perfect Citizen is merely a research and development program. The documents obtained by EPIC suggest that the program is operational. For more information, see EPIC: Perfect Citizen.
Senate to Debate Privacy Amendments for Surveillance Law » (Dec. 26, 2012)
The Senate is scheduled to debate several proposals that would establish new safeguards for the FISA Amendments Act, a controversial law that allows surveillance of the phone and email communications of US citizens without a warrant. Earlier this year, EPIC testified before the House Judiciary Committee, and recommended increased transparency and new public reporting of the Government's surveillance activities. Currently, the FISA letter to Congress provides little information about Government conduct. "Congress should not reauthorize the FISA Amendments Act until adequate oversight procedures are in place," EPIC Executive Director Marc Rotenberg said at the May hearing. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Clapper v. Amnesty International.
UPDATED: EPIC Appeals NSA's Withholding of Cybersecurity Directive » (Nov. 27, 2012)
EPIC has appealed a decision by the National Security Agency to deny EPIC's Freedom of Information Act Request for the public release of Presidential Policy Directive 20. The Policy Directive expands the NSA's cybersecurity authority and has raised concerns about government surveillance of the Internet. EPIC's FOIA appeal points to numerous substantive and procedural defects in the NSA's response, and highlights the importance of public discussion of cyber security authority. The NSA has ten days to respond to EPIC's appeal. For more information, see EPIC: Cybersecurity Privacy Practical Implications, EPIC: EPIC v. NSA - Cybersecurity Authority.
Justices Hear Arguments in Surveillance Standing Case » (Oct. 29, 2012)
The Supreme Court heard oral arguments in Clapper v. Amnesty International, a case concerning the right to challenge illegal surveillance. A federal appeals court ruled in favor of a group of plaintiffs, including human rights advocates, journalists and attorneys, and held that their costs incurred to avoid surveillance were sufficient to establish a live controversy under the Constitution. Solicitor General Donald Verilli, arguing on behalf of the United States and the Director of National Intelligence, claimed that plaintiffs could not establish a sufficiently concrete injury because they do not know if they had been subject to surveillance. The Justices, including Justice Kennedy, seemed concerned about the possibility of government surveillance of privileged attorney-client communications. EPIC filed an amicus brief, joined by thirty-two legal scholars and technical experts, and six privacy and open government organizations, arguing that the plaintiffs concerns were well founded considering the surveillance capabilities of the NSA and the failure to establish sufficient public reporting requirements for lawful surveillance. For more information, see: EPIC: Clapper v. Amnesty Int'l USA and EPIC: Foreign Intelligence Surveillance Act.
EPIC Urges Supreme Court to Uphold Review of Wiretapping Programs » (Sep. 24, 2012)
Today EPIC filed an amicus brief with the US Supreme Court in Clapper v. Amnesty International USA, a case challenging the interception of communications of US persons under foreign intelligence surveillance laws. This case presents the issue of constitutional "standing," whether the journalists and human rights organizations who brought he lawsuit can establish an imminent threat or reasonable fear that their communications will be collected. The federal appeals court found in their favor. In urging affirmance, EPIC argued that the capacity of National Security Agency to intercept private communications combined with the failure to establish meaningful oversight underscores the concern that the interception of private communications would occur. The EPIC brief is supported by 32 legal scholars and technical experts, and six organizations devoted to privacy and open government. For more information, see EPIC: Clapper v. Amnesty, EPIC: Foreign Intelligence Surveillance Act (FISA).
House Renews Foreign Intelligence Surveillance Powers » (Sep. 12, 2012)
The House has voted to reauthorize the FISA Amendments Act (301-118). The Act authorizes programs of surveillance intended to target foreign agents, but allows collection of private communications of United States 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. Senator Ron Wyden (D-OR) and others have expressed concern about renewal of the Act. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Clapper v. Amnesty International USA.
FISA Reform Proposal Moves Forward in Senate » (Jul. 20, 2012)
The Senate Judiciary Committee has approved a bill that would established new safeguards for the Foreign Intelligence Surveillance Amendments Act. The Act provides for court approval of 'programs of surveillance' that allow for the collection of communications of US citizens. The bill, sponsored by Senator Patrick Leahy (D-VT), would renew the Act but also establish new reporting requirements to improve government accountability. In May 2012, EPIC Executive Director Marc Rotenberg testified before the House Judiciary Committee, and recommended increased oversight and reporting. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Clapper v. Amnesty International USA.
House Panel Votes to Renew Surveillance Law Without New Safeguards » (Jun. 21, 2012)
The House Judiciary Committee voted to reauthorize the FISA Amendments Act, HR 5949, through Dec. 31, 2017 without any changes. The Act authorizes "programs of surveillance" intended to target foreign agents, but also allows collection of private communications of United States citizens without individualized suspicion. EPIC Executive Director Marc Rotenberg recently testified before the Committe and recommended that Congress strengthen oversight procedures to protect privacy and limit possible misuses of the legal authority. But amendments to improve accountability introduced by Rep. John Conyers (D-MI), Rep. Jerold Nadler (D-NY), Rep. Bobby Scott (D-VA), and Rep. Sheila Jackson-Lee (D-Texas), were all defeated. In the Senate, Senator Ron Wyden (D-OR) and others have expressed concern about renewal of the Act. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Clapper v. Amnesty International USA.
House to Consider Bill to Reauthorize Expansive Surveillance Law » (Jun. 18, 2012)
The House Committee on the Judiciary will markup the FISA Amendments Act Reauthorization Act of 2012 on Tuesday, June 19, 2012. The Act authorizes government surveillance of international communications, including the private communications of United States citizens. Currently, the law provides little information to Congress or the public about these surveillance activities. EPIC Executive Director Marc Rotenberg recently testified at an oversight hearing, and called on Congress to strengthen oversight procedures and increase transparency before the Act is renewed. In a recent report by the Senate Intelligence Committee, Senators Mark Udall and Ron Wyden also said that the FISA contains a loophole that allows the government "to circumvent traditional warrant protections and search for the communications of a potentially large number of American citizens." For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Clapper v. Amnesty International.
EPIC to Congress: "Strengthen FISA Oversight" » (Jun. 1, 2012)
EPIC Executive Director Marc Rotenberg will testify before the House Judiciary Subcommittee on the FISA Amendments Act of 2008. The Act authorizes Government surveillance of international communications, including the private communications of U.S. citizens. EPIC will recommend increased transparency and new public reporting of the Government's surveillance activities. Currently, the FISA letter to Congress provides little to no information about Government conduct. "Congress should not reauthorize the FISA Act until adequate oversight procedures are in place," Rotenberg said. The hearing will be webcast. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Clapper v. Amnesty International.
EPIC to Testify on Foreign Intelligence Surveillance Act » (May. 25, 2012)
EPIC Executive Director Marc Rotenberg is scheduled to testify before the House Judiciary Committee at a hearing on May 31, 2012 regarding the FISA Amendments Act of 2008. For more information, see EPIC: Foreign Intelligence Surveillance Act and EPIC: Foreign Intelligence Surveillance Court.
Supreme Court Set to Review Wiretap Case » (May. 21, 2012)
The Supreme Court has agreed to hear Clapper v. Amnesty International USA, a challenge to the FISA Amendments Act of 2008. The Act expanded the Government's authority to engage in warrantless surveillance, and followed news of the Bush administration's program to wiretap international communications. A group of lawyers, journalists, and public interest organizations, who regularly engage in international communications, challenged the new law saying they feared that their private communications would be intercepted. The US Court of Appeals for the Second Circuit ruled that the case could proceed even though the plaintiffs had not established that they were subject to surveillance. The Government filed a petition for the Supreme Court to hear the case, which was granted today. EPIC recently filed an amicus brief in a Supreme Court case, First American v. Edwards, raising similar Article III standing issues in the context of a consumer protection statute. EPIC also filed an amicus brief along with the Stanford Constitutional Law Center and other interested groups, in Hepting v. AT&T, a case challenging AT&T's involvement in the FISA warrantless wiretapping program. For more information, see EPIC: Foreign Intelligence Surveillance Act (FISA).
Federal Appeals Courts Sides with NSA, Rejects EPIC's Arguments that Agency Should Provide Information About Collaboration with Google » (May. 11, 2012)
The DC Circuit Court of Appeals ruled today the National Security Agency need neither "confirm nor deny" the existence of any records about the agency's relationship with Google, even after such a collaboration was widely reported in the national media. EPIC filed a Freedom of Information Act (FOIA) request with the NSA following a cyber attack in January 2010 that led Google to contact the NSA. The NSA refused to either confirm or deny the existence of responsive records, claiming that such information is exempt from disclosure under the NSA Act. EPIC challenged this "Glomar" response and argued that the agency had a responsibility to locate records that could be disclosed, but a lower court ruled in favor of the NSA and the appellate court affirmed. EPIC has several other pending FOIA matters concerning the NSA, including "Perfect Citizen," Internet wiretapping, and even the NSA's own legal authority which the agency has refused to release to the public. For more information, see EPIC v. NSA: Google / NSA Relationship.
2011 FISA Orders Up, National Security Letters Down, No Surveillance Request Denied » (May. 4, 2012)
According to the 2011 Foreign Intelligence Surveillance Act (FISA) Report the Justice Department submitted 1,745 applications to the Foreign Intelligence Surveillance Court, a 10.5% increase over 2010. Of the 1,745 FISA search applications, 1,676 concerned electronic surveillance. The FISA court did not deny any applications, though it did modify 30 applications. Also in 2011, the FBI made 16,511 National Security Letter requests for information pertaining to 7,201 different U.S. persons. This is a substantial decrease from the 24,287 national security letter requests concerning 14,212 U.S. persons in 2010. The annual report on FISA, released by the Department of Justice, is far less extensive than the annual wiretap report, produced by the Administrative Office of the US Courts. EPIC has recommended greater accountability for the FISA Court. For more information, see: EPIC: Foreign Intelligence Surveillance Act Court Orders 1979-2011 and EPIC: Foreign Intelligence Surveillance Act.
EPIC Appeals Denial in Surveillance Export FOIA Request; Files Follow-Up Request » (Apr. 27, 2012)
EPIC has appealed a denial of a Freedom of Information Act request that sought records concerning the sale of surveillance technology by U.S. companies to repressive regimes like Syria and Yemen. "The failure to adequately justify the claim that no segregable portions of records exist violates FOIA, especially given the past practice of releasing aggregate data in response to substantially similar requests," the appeal states. EPIC also filed a follow-up request to the Department of Commerce seeking records related to the agency's investigation of companies like Blue Coat Systems, which sold surveillance devices to Syria. Recently, President Obama signed an executive order authorizing U.S. officials to impose sanctions against persons involved in the use of information and communications technology to facilitate human rights abuses in Syria and Iran. For more information, see EPIC: Freedom of Information Act.
Flawed Cybersecurity Bill Passes House, Headed for Senate without Privacy, FOIA Safeguards » (Apr. 27, 2012)
The House of Representatives passed the Cyber Intelligence Information Protection Act ("CISPA"), a cybersecurity bill that allows the government to obtain detailed information about Internet users from the private sector. The bill preempts established privacy protections in other federal laws and opens the door for increased surveillance of individuals in the United States. The bill also creates a new Freedom of Information Act exemption, which will reduce government transparency and accountability. Earlier this year, EPIC said in a statement to the Senate that the Freedom of Information Act provides the public important information about network security, and warned that the National Security Agency has become a “black hole” for public information about cybersecurity. For more information, see EPIC: Cybersecurity and EPIC: EPIC v. NSA (FOIA for NSA Cybersecurity Authority), and EPIC: EPIC v. NSA (FOIA for Google/NSA Relatioship).
EPIC to Argue for Disclosure of Google-NSA Agreement before Federal Appeals Court » (Mar. 19, 2012)
EPIC will pursue its Freedom of Information Act request with the National Security Agency in scheduled arguments before the Court of Appeals for the DC Circuit this Tuesday morning. EPIC submitted the FOIA request in February 2010, following a widely reported collaboration between Google and the NSA after the China hack. The agency replied that it could "neither confirm nor deny" the existence of records responsive to EPIC's request. A lower court ruled in favor of the NSA, but EPIC has challenged that opinion, and the federal appeals court will hear the case on March 20, 2012. The case is EPIC v. NSA, No. 11-5233.
Open Government Groups Oppose Cyber Security FOIA Exemption » (Mar. 14, 2012)
Open government organizations have sent a letter to Senator John McCain, opposing specific provisions in a cybersecurity bill he introduced. The SECURE IT Act would create a new Freedom of Information Act exemptions for "cyber threat information" as well as for all information shared with a cybersecurity center. FOIA exemptions limit public access to government information. The organizations stated, "Unnecessarily wide-ranging exemptions of this type have the potential to harm public safety and the national defense more than they enhance those interests." In a statement for a hearing on the FOIA and critical infrastructure information, EPIC also warned against new FOIA exemptions and said that the National Security Agency has become a "black hole" for public information about cybersecurity. For more information, see EPIC: Cybersecurity.
EPIC Urges Senate to Safeguard FOIA for Cybersecurity » (Mar. 12, 2012)
In a detailed statement to the Senate for a hearing on the "Freedom of Information Act: Safeguarding Critical Infrastructure and the Public's Right to Know," EPIC said that safeguarding FOIA was critical to ensure government oversight and accountability. EPIC described how the FOIA provides the public important information about safety and security, but also warned that the National Security Agency has become a "black hole" for public information about cyber security. EPIC described several NSA programs, including "Perfect Citizen," Internet wiretapping, and even the NSA's own legal authority which the agency has refused to release to the public. EPIC v. NSA, a challenge to the agency's "neither confirm nor deny" response to an EPIC FOIA request will be heard next week by the DC Circuit Court of Appeals. For more information, see EPIC: Cybersecurity.
Federal Court Revives Suit Over NSA Dragnet Surveillance » (Jan. 5, 2012)
A federal appeals recently revived a lawsuit, Jewel v. NSA, challenging the NSA's use of the nation's largest telecommunication providers to conduct suspicionless surveillance of Americans. The three-judge panel reversed a lower court decision that rejected claims based on lack of standing. The case will now return to the district court for a decision on the merits. The same three-judge panel also rejected a related suit against the telecommunications providers, Hepting v. AT&T, based on the "retroactive immunity" provided by Congress in 2008. EPIC, in cooperation with the Stanford Constitutional Law Center, filed a "Friend of the Court" brief in support of the plaintiffs in these cases, arguing that statutory and constitutional privacy violations are sufficient to establish standing, and that the state secrets doctrine should not bar adjudication. For more information, see EPIC: Hepting v. AT&T and EPIC: NSA Warrantless Surveillance.
EPIC Urges Appeals Court to Shed Light on Google-NSA Agreement » (Jan. 4, 2012)
EPIC filed the opening brief in EPIC v. NSA, No. 11-5233, challenging the National Security Agency’s response to EPIC's Freedom of Information Act request. EPIC is seeking information about the widely publicized cybersecurity agreement between the NSA and Google that followed the January 2010 China hack. The NSA claimed it "could neither confirm nor deny" the existence of any information about its relations with Google. After the attack, Google's implemented encryption technology for Gmail by default, a privacy safeguard EPIC and technical experts had urged in 2009. For more information, see EPIC v. NSA: Google / NSA Relationship.
Documents Obtained by EPIC Reveal Government's "Minority Report" Scanning Program » (Oct. 7, 2011)
Through a Freedom of Information Act request, EPIC has obtained documents from the Department of Homeland Security about a secretive "pre-crime" detection program. The "Future Attribute Screening Technology" (FAST) Program gathers "physiological measurements" from subjects, including heart rate, breathing patterns, and thermal activity, to determine "malintent." According to the documents obtained by EPIC, the agency is considering the use of the device at conventions and sporting events, and has already conducted field testing. CNET first reported on the EPIC FOIA request. For more information, see: EPIC: Future Attribute Screening Technology Project.
EPIC-led Coalition Calls For Suspension of Secret Government Watchlist » (Aug. 5, 2011)
EPIC and a coalition of privacy, consumer rights, and civil rights organizations filed a statement to the Department of Homeland Security. The group opposed proposed changes to the Watchlist Service, a secretive government database filled with sensitive information. The agency has solicited comments on the program, which entails developing a real-time duplicate copy of the database and expanding the groups and personnel with immediate access to the records. The groups focused on the security and privacy risks posed by the new system, as well as The Privacy Act. Passed by Congress in 1974, the Act requires DHS to notify subjects of government surveillance in addition to providing a meaningful opportunity to correct information that could negatively affect them. EPIC has testified before Congress and published a "Spotlight on Surveillance" report about the Watchlist program. For more information, see EPIC: Secure Flight and EPIC: Passenger Profiling.
EPIC v. NSA: Agency Can "Neither Confirm Nor Deny" Google Ties » (Jul. 13, 2011)
A federal judge has issued an opinion in EPIC v. NSA, and accepted the NSA's claim that it can "neither confirm nor deny" that it had entered into a relationship with Google following the China hacking incident in January 2010. EPIC had sought documents under the FOIA because such an agreement could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users. The "Glomar response," to neither confirm nor deny, is a controversial legal doctrine that allows agencies to conceal the existence of records that might otherwise be subject to public disclosure. EPIC plans to appeal this decision. EPIC is also litigating to obtain the National Security Presidential Directive that sets out the NSA's cyber security authority. And EPIC is seeking from the NSA information about Internet vulnerability assessments, the Director's classified views on how the NSA's practices impact Internet privacy, and the NSA's "Perfect Citizen" program.
EPIC v. NSA: FOIA Suit for Cybersecurity Authority Will Move Forward, though National Security Council Remains a "FOIA-Free Zone" » (Jul. 8, 2011)
A District of Columbia federal court ordered an EPIC lawsuit against the National Security Agency to proceed, holding that EPIC can "pursue its claim against the NSA for wrongfully withholding an agency record in its possession." EPIC's Freedom of Information Act suit seeks disclosure of National Security Presidential Directive 54 - the document that provides the legal basis for the NSA's cybersecurity activities. The NSA failed to disclose the document in response to EPIC's FOIA request, instead forwarding the request to the National Security Council. The Court held that the NSC is not subject to FOIA, but that the NSA's transfer of EPIC's request does not absolve the agency of its responsibility to respond to EPIC. For more, see: EPIC: EPIC v. NSA.
Congressional Leaders Strike Deal to Extend Patriot Act » (May. 20, 2011)
Lawmakers in the House and the Senate have reached an agreement that would renew key provisions of the Patriot Act, though amendments are still possible. One of the sections, known as the "lone wolf" provision, allows terrorist investigations of non-citizens without having to show connections to a terrorist organization. The Patriot Act expanded the authority of law enforcement and intelligence agencies to monitor private communications and access personal information. Among other things, the Patriot Act amended the Foreign Intelligence Surveillance Act (FISA) to allow the FBI to use National Security Letters for In place of court-approved warrants. In 2010, 24,287 NSLs were issued, up 64% from the previous year. For more Information, see EPIC: USA Patriot Act and EPIC: Foreign Intelligence Surveillance Act.
2010 FISA Orders Up 19%, No Surveillance Request Turned Down » (May. 9, 2011)
The Department of Justice has released the 2010 Foreign Intelligence Surveillance Act (FISA) report. In 2010, the Justice Department submitted 1,579 FISA search applications to the Foreign Intelligence Surveillance Court, a 19% increase over 2009. The court did not deny or modify any applications. Also in 2010 the FBI made 24,287 National Security Letter requests for information pertaining to 14,212 different U.S. persons. This is a substantial increase from the 14,788 national security letter requests concerning 6,114 U.S. persons in 2009. EPIC has recommended greater accountability for the Foreign Intelligence Surveillance Court. For more information, see: EPIC: Foreign Intelligence Surveillance Act Court Orders 1979-2010 and EPIC: Foreign Intelligence Surveillance Act.
EPIC v. DOJ: Warrantless Wiretapping Memos Disclosed » (Mar. 22, 2011)
Pursuant to EPIC v. DOJ, the Justice Deparment has turned over two legal memos concerning the Bush-era warrantless wiretapping program. EPIC sought these memos within hours after the New York Times first reported on the wiretapping program in 2005. The memos, dated November 2, 2001 and May 6, 2004, contain portions of the Bush Administration's justifications for the program, but are heavily redacted. The Obama Administration withheld three other memos in their entirety. For more information, see EPIC: Wiretapping, EPIC: Foreign Intelligence Surveillance Act (FISA), and Lawfare, "DOJ Releases Redacted Version of 2004 Surveillance Opinion."
EPIC v. NSA FOIA Lawsuit: NSA Will Neither Confirm Nor Deny Communications with Google » (Feb. 18, 2011)
In a Freedom of Information Act lawsuit filed by EPIC against the National Security Agency for information about the NSA's relationship with Google, the NSA has replied that "confirming or denying the existence of any such records would reveal information relating to its core functions and activities . . ." EPIC sought the information, including a widely discussed cooperative research agreement between NSA and Google, because the agency's practices would impact the privacy interests of millions of Internet users both in the United States and around the world. The case is EPIC v. NSA, Civ. Action No. 10-1533 (RJL). EPIC has a related release against the NSA concerning the agency's cybersecurity authority. For more information, see EPIC - EPIC v. NSA.
White House Budget Funds Surveillance, Ignores Public Concerns » (Feb. 18, 2011)
The White House Office of Management and Budget has released the federal budget for fiscal year 2012. The stated goal of the budget is to reduce the national deficit by eliminating wasteful programs. However, the budget proposal includes funding for 275 airport body scanners, which EPIC has called "invasive, unlawful, and ineffective." There is funding for federal "fusion centers," widely viewed as unregulated government databases that are used to track people suspected of new crime. The White House budget proposes expansion of the “Secure Communities” program, which has been the target of harsh criticism by civil liberties groups. For more information, see EPIC: EPIC v. DHS (Suspension of Body Scanner Program) and EPIC: Information Fusion Centers and Privacy.
EPIC Supports Proposed Reforms for Surveillance Court, Urges Additional Measures » (Oct. 4, 2010)
EPIC has submitted comments on the proposed rules for the Foreign Intelligence Surveillance Court. In comparison to the previous rules, promulgated in 2006, EPIC said that the new rules would strengthen judicial independence, improve congressional oversight, and promote, to some extent, greater transparency of the court that oversees the Foreign Intelligence Surveillance Act. EPIC also urged the Court to establish a web presence with information about the Court's activities and to publish detailed annual reports. EPIC said these measures would promote accountability and enhance public understanding of the Court and its functions. For more information, see EPIC: Foreign Intelligence Surveillance Court and EPIC: Foreign Intelligence Surveillance Act.
EPIC Files Suit For Documents Regarding Google/NSA Partnership » (Sep. 13, 2010)
Today, EPIC filed a Freedom of Information Act lawsuit against the National Security Agency in the United States District Court in the District of Columbia. The agency failed to respond to EPIC's FOIA request for documents about an "Information Assurance" partnership with Google. EPIC previously appealed to the agency to comply with its legal duty to produce the documents, but he agency failed to respond. EPIC is also seeking the Presidential Directive that grants the NSA authority to conduct electronic surveillance in the United States. For more information, see EPIC: Open Government.
Surveillance Court Seeks Public Comments on Proposed Rules » (Sep. 8, 2010)
The Foreign Intelligence Surveillance Act (FISA) authorizes a special court the Foreign Intelligence Surveillance Court (FISC) to undertake electronic surveillance in the United States for foreign intelligence information. The FISC is now seeking public comments concerning its procedures. Comments must received by Monday, October 4, 2010. EPIC previously submitted an amicus brief regarding FISA authority and national security. EPIC will be submitting comments to the FISC and endorse changes that improve accountability and transparency for FISA orders. See EPIC - Foreign Intelligence Surveillance Act (FISA) and EPIC - Foreign Intelligence Surveillance Act Orders 1979-2010
EPIC FOIAs NSA for Details of "Perfect Citizen" » (Jul. 16, 2010)
EPIC has filed a Freedom of Information Act request with the National Security Agency regarding the new secret cybersecurity program known as "Perfect Citizen." According to the Wall Street Journal, the program "would rely on a set of sensors deployed in computer networks for critical infrastructure that would be triggered by unusual activity suggesting an impending cyber attack," although the agency has claimed that there "is no monitoring activity involved, and no sensors are employed in this endeavor" but has refused to release the details of the program. In its request, EPIC has sought contracts, memoranda, and other records relating to "Perfect Citizen." For more information, see EPIC Cybersecurity and Privacy.
Coalition Letter Results in Meeting with White House Cybersecurity Coordinator » (May. 12, 2010)
EPIC, joined by over 30 organizations, launched a campaign to obtain a meeting with Howard Schmidt, the White House Cybersecurity Coordinator. Groups joining the letter included the ACLU, American Library Association, Bill of Rights Defense Committee, Liberty Coalition, NAACP, OpenTheGovernment.org, and the Lawyers Committee for Civil Rights Under Law. The White House has agreed to the meeting, which follows Senate confirmation of Keith B. Alexander, director of the National Security Agency, to lead the U.S Cyber Command. Civil society organizations have expressed concern about the growing role of the NSA in cyber security. EPIC is currently in litigation with the NSA to obtain the secret policy for NSA surveillance authority. For more information, see EPIC Sues NSA to Force Disclosure of Cybersecurity Authority, and EPIC - Cybersecurity Privacy: Practical Implications.
Busted Biometric Traveler ID May Return to US Airports » (May. 4, 2010)
"Clear," the flawed airport security program that gathered biometric data on hundreds of thousands of travelers before the company went bankrupt, may return with a new operator. The assets of Verified Identity Pass -- including the fingerprints and iris patterns of previous customers -- have been sold at auction to AlClear, which intends to restart the program.  In Congressional testimony in 2005, EPIC warned that the Registered Traveler program should be subject to the federal Privacy Act. For more information, see EPIC Spotlight On Surveillance: Registered Traveler Card, EPIC "Clear"
Applications for Court Approved Wiretaps Reach All-Time High in 2009 » (May. 3, 2010)
According to the newly released 2009 Wiretap report, federal and state courts issued 2,376 orders for the interception of wire, oral or electronic communications in 2009, up from 1,891 in 2008, an increase of more than 25%. U.S. Courts Press release.) As in the previous four years, no applications for wiretap authorizations were denied by either state or federal courts. With the exception of 2008, the total number of authorized wiretaps has grown in each of the past seven calendar years, beginning in 2003. The 2009 Wiretap Report does not include interceptions regulated by the Foreign Intelligence Surveillance Act or interceptions approved by the President outside the exclusive authority of the federal wiretap law and the FISA. See EPIC Wiretapping and EPIC Title III Order Statistics.
EPIC Demands Release of Classified Answers on Privacy and Internet Standards from Cyber Command Nominee » (Apr. 19, 2010)
EPIC has filed a Freedom of Information Act (FOIA) request with the National Security Agency (NSA) seeking the "classified supplement" that Director Lt. Gen. Keith Alexander filed with his answers to questions from the Senate Armed Services Committee regarding his nomination to be the Commander of the newly formed United States Cyber Command. Several of Lt. Gen. Alexander's classified responses were to questions regarding the privacy of Americans' communications, and EPIC's request urges the Agency to make the full responses public. EPIC is currently in litigation with the NSA to obtain the secret policy for NSA surveillance authority. For more information, see EPIC Sues NSA to Force Disclosure of Cybersecurity Authority.
Congress Considers Nomination of NSA Director to US Cyber Command, Concerns Remain » (Apr. 15, 2010)
The Senate Armed Services Committee will hold a hearing on April 15, to consider the nomination NSA Director Lt. Gen Keith B. Alexander to be the Commander of the US Cyber Command. EPIC has expressed concern about the expanded authority of the NSA within the United States and has specifically requested the public release of NSPD-54, the secret Presidential Directive that allows the NSA to conduct electronic surveillance against US citizens within the United States, prior to the confirmation of Lt. Gen. Alexander. EPIC is seeking this and related document in a Freedom of Information Act lawsuit. For more information, see EPIC Sues NSA to Force Disclosure of Cyber Security Authority.
White House Publishes Outline of Cyber Security Policies » (Mar. 2, 2010)
The White House announced today that it has made a description of the Comprehensive National Cybersecurity Initiative (CNCI) available online for public viewing. The12 CNCI initiatives cover a wide range of government activity, from cyber education to intrusion detection. However, the text of the underlying legal authority for cybersecurity still remains secret. EPIC has been involved in ongoing litigation regarding a Freedom of Information Act request for the text of the critical cybersecurity document NSPD 54 that President Bush signed in 2008. For more information, see EPIC: EPIC Sues NSA to Force Disclosure of Cyber Security Authority and EPIC: EPIC Seeks Records on Google-NSA Relationship.
EPIC Statement to Congress on Google, NSA, and Cybersecurity » (Feb. 9, 2010)
EPIC has submitted a statement for the record for a House Foreign Affairs Committee hearing on Google and U.S. Cyberspace Policy. EPIC's statement recommends investigation into the newly-announced partnership between Google and the National Security Agency and the public release of the secret document that grants the NSA broad surveillance authority in cyberspace. The EPIC statement also urges the Congressional Committee to support US ratification of the Council of Europe privacy convention. For more information, see EPIC Critical Infrastructure Protection, Experts' Letter to Secretary Clinton on the Council of Europe Convention.
EPIC Seeks Records on Google-NSA Relationship » (Feb. 4, 2010)
Today EPIC filed a Freedom of Information Act request with the National Security Agency, seeking records regarding the relationship between Google and the NSA. The press reported that Google and the NSA have entered into a partnership following a recent hacker attack on Google originating from China. The EPIC FOIA request also seeks NSA communications with Google regarding Google's failure to encrypt Gmail and cloud computing services. In March 2009, EPIC filed a complaint with the Federal Trade Commission urging it to investigate the adequacy of Google's cloud computing privacy and security safeguards. Today EPIC also filed a lawsuit against the National Security Agency and the National Security Council, seeking a key document governing national cybersecurity policy. For more information, see EPIC FOIA Litigation and EPIC Cloud Computing.
EPIC Sues NSA to Force Disclosure of Cyber Security Authority » (Feb. 4, 2010)
EPIC has filed a lawsuit against the National Security Agency and the National Security Council, seeking a key document governing national cybersecurity policy. The document, National Security Presidential Directive 54 grants the NSA broad authority over the security of American computer networks. The agencies violated the Freedom of Information Act by failing to make public the Directive and related records in response to EPIC's request. EPIC's suit asks a federal judge to require the release of the documents. Congress is currently debating cyber security policy. For more information, see EPIC FOIA Litigation, EPIC Critical Infrastructure Protection.
Inspector General Finds "Egregious Breakdown" in FBI Oversight » (Jan. 21, 2010)
The Department of Justice Office of the Inspector General has issued a report on the FBI's use of "exigent letters" and other means to obtain telephone records from three unnamed phone companies. The 300-page report concludes that many of the FBI's practices "violated FBI guidelines, Department policy," and the Electronic Communications Privacy Act. The report also found that "the FBI sought and acquired reporters' telephone toll billing records and calling activity information" through improper means. The report concludes that "the FBI's initial attempts at corrective action were seriously deficient, ill-conceived, and poorly executed" and makes several recommendations for improvement. In a 2007 letter to the Senate Judiciary Committee, EPIC recommended that the FBI's National Security Letter authority be repealed. For more information, see EPIC National Security Letters.
House Members Introduce PATRIOT and FISA Reform Bills » (Oct. 20, 2009)
Representatives Conyers, Nadler, and Scott introduced two bills today that would amend the PATRIOT Act and the Foreign Intelligence Surveillance Act. The Patriot Amendments Act of 2009 will enhance reporting and judicial oversight of law enforcement powers, including the National Security Letter process. The FISA Amendments Act of 2009 will place new limits on the government's ability to collect and store Americans' communications without a warrant and repeals retroactive immunity. For more information, see EPIC FISA, EPIC PATRIOT Act.
TSA Expands Passenger Electronic Strip Search Program » (Oct. 6, 2009)
The Transportation Security Administration (TSA) has plans to greatly expand its use of whole body imaging machines at airports around the country. The x-ray machines, which each cost over $100,000, capture detailed, graphic images of passengers' naked bodies. In June, the House of Representatives overwhelmingly passed a measure that would restrict TSA's use of these machines. The measure is pending in the Senate. The Privacy Coalition has urged the Department of Homeland Security to suspend the program until privacy and security risks can be fully evaluated. EPIC has also filed Freedom of Information Act requests for the contracts with the vendor Rapiscan. For more information, see EPIC Whole Body Imaging Technology and EPIC Spotlight on Surveillance.
PATRIOT Act Revisions Introduced in Senate » (Sep. 17, 2009)
Today, Sen. Russ Feingold (D-WI) and seven cosponsors introduced the Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act. The bill would amend the PATRIOT Act, the FISA Amendments Act, and other surveillance and intelligence laws. Among other changes, the JUSTICE Act would reform the National Security Letter process, revise the guidelines for business records orders, eliminate the catch-all provision for "sneak-and-peek" searches, and add new safeguards for FISA roving wiretaps. The JUSTICE Act would also repeal retroactive immunity for telecommunications companies, and is supported by many civil liberties organizations. For more information, see EPIC USA PATRIOT Act, EPIC FISA, EPIC Wiretapping, and EPIC National Security Letters.
European Privacy Seal Awarded to Online Ad Service and Video Anonymizer » (Sep. 11, 2009)
The European Privacy Seal (EuroPriSe) has been awarded to two privacy services, following a review by privacy experts and an independent body. The first EuroPriSe was awarded to German company nugg.ad's Predictive Targeting Networking service, an online advertising service that follows principles of data avoidance and minimization by not maintaining multi-website tracking profiles, deleting IP address records, and offering a blocking cookie for users to opt out. The second certification was awarded to Austrian company Kiwi Security's KiwiVision Privacy Protector, a software module that performs real-time anonymization of video data by obfuscating faces, license plates, and other identifying imagery. For more on Privacy Enhancing Technologies, see EPIC Practical Privacy Tools.
Homeland Security Privacy Office Okays Suspicionless Seizure of Personal Information Stored on Digital Devices of US Citizens » (Aug. 28, 2009)
The Department of Homeland Security released a Privacy Impact Assessment for searching electronic devices possessed by travelers, including US citizens, at US borders. The agency determined that laptops and cell phones are equivalent to briefcases and backpacks and granted itself broad authority to seize these devices from travelers and to copy stored data whether or not wrongdoing is suspected. The DHS policy fails to comply with the intent of the federal Privacy Act and leaves US citizens returning to the United States subject to surveillance by government and an enhanced risk of identity theft. See EPIC Traveler Privacy.
Senators Consider PATRIOT Act Reforms » (Aug. 7, 2009)
Senators Russ Feingold (D-WI) and Dick Durbin (D-IL) are drafting legislative reforms to revise the USA PATRIOT Act. The USA PATRIOT Act allows authorities to conduct surveillance without judicial review through the use of National Security Letters. The Senators asked the Attorney General and the Chairmen of the Senate Judiciary and Intelligence Committee to consider two previous bills that add protections to PATRIOT ACT. Pursuant to a EPIC lawsuit, a federal judge had ordered the Justice Department to provide for independent judicial inspection of documents relating to warrantless wiretapping. For more information, see EPIC USA PATRIOT Act, EPIC FISA, EPIC Wiretapping, and EPIC National Security Letters.
Inspector Generals Release Report on President's Surveillance Program » (Jul. 10, 2009)
The Inspector Generals of the Intelligence Community released a report on the President's Surveillance Program. The report summarizes the unclassified collective results of the reviews. The Program involved the massive, warrantless surveillance of Americans in the United States. The IG Report finds that the absence of effective oversight contributed to the ineffectiveness of the program. In December 2005, EPIC had requested the legal opinions that were prepared to justify the program. The government has refused to produce many key documents, and EPIC sued under the Freedom of Information Act. In March this year, the Attorney General released several related memos, which previously were secret, following President Obama's statement on government transparency. See EPIC FISA, EPIC Surveillance FOIA, EPIC Wiretapping, and EPIC National Security Letters.
FBI's Use of FISA Increasing » (May. 20, 2009)
In a report to Congress, the Justice Department revealed a substantial increase in the use of National Security Letters to acquire information on American citizens without court order. In 2008, the FBI made 24,744 NSL requests pertaining to 7,225 persons compared to 16,804 requests pertaining to 4,327 persons in 2007. The report also detailed 2,082 applications by the FBI to the Foreign Intelligence Surveillance Court for authority to conduct surveillance and physical searches. An earlier audit had revealed that some "blanket-NSLs" did not document the relevance of the information sought to a national security investigation and the statistics were not reported to the Congress. For more information, see EPIC's Page on Foreign Intelligence Surveillance Act, National Security Letters, and Wiretapping.
DHS Seeks Nominations to the Agency's Data Privacy and Integrity Advisory Committee » (May. 5, 2009)
The Department of Homeland Security is seeking applications for appointments to the agency's Data Privacy and Integrity Advisory Committee. The committee provides advice at the request of the Secretary of DHS and the agency's Chief Privacy Officer on privacy related matters. The agency is seeking to fill two terms that would expire in January 2012, and January 2013. Applications for the positions must be received by the agency on or before June 8, 2009. For more information, see: EPIC's Web page Spotlight on Surveillance.
Applications for Court Approved Wiretaps Down in 2008 » (Apr. 28, 2009)
According to the 2008 Wiretap report, federal and state courts issued 1,891 orders for the interception of wire, oral or electronic communications in 2008, down from 2,208 in 2007. (Dept. of Justice Press release.) As in the last three years, no applications for wiretap authorizations were denied by either state or federal courts. The total number of authorized wiretaps had grown in each of the six past calendar years, beginning in 2003. The 2008 Wiretap Report does not include interceptions regulated by the Foreign Intelligence Surveillance Act or interceptions approvedby the President outside the exclusive authority of the federal wiretap law and the FISA. See EPIC Wiretapping page and EPIC Title III Orders.
Senate to Investigate NSA "Overcollection" » (Apr. 17, 2009)
Senator Dianne Feinstein has announced that the Senate Intelligence Committee will hold a hearing on the National Security Agency's interception of phone calls and private e-mail messages of Americans. Recently, the New York Times reported that the NSA's activities went beyond the legal limits established by the Congress last year. EPIC has a related lawsuit asking a federal court to force the release of memos on the legal authority for domestic surveillance of American citizens. For more information, see EPIC's page on Freedom of Information Act Work on the National Security Agency's Warrantless Surveillance Program.
Cybersecurity Czar Steps Down, Warns of Growing NSA Influence » (Mar. 9, 2009)
Rod Beckstrom, Director of the National Cybersecurity Center, has resigned. In a letter to Homeland Security Secretary Janet Napolitano, Beckstrom warned of the increasing role of the National Security Agency in domestic security. The "intelligence culture is very different than a network operation or security culture... the threats to our democratic processes are significant if all top government network and monitoring are handled by any one organization... we have been unwilling to subjugate the NSCS under the NSA," wrote the former NCSC Director. The announcement follows Congressional testimony from the new Director of National Intelligence that the NSA should be responsible for network security. EPIC has long maintained that the NSA, though it plays a vital role in gathering foreign intelligence, should not be the lead agency for domestic network security because it also engages in extensive and unregulated spying. See EPIC Computer Security Act of 1987.
Justice Department Releases Domestic Surveillance Memos and Opinions » (Mar. 3, 2009)
Attorney General Eric Holder announced that the Department of Justice will make public memos and opinions concerning warrantless surveillance, and other controversial claims of Presidential authority, that were prepared in the wake of 9/11. The documents describe the legal basis for President Bush's domestic surveillance program. After learning of the warrantless wiretap program, EPIC sued the Department of Justice under the Freedom of Information Act to compel disclosure of legal memos concerning the program. Government lawyers subsequently disavowed the justifications for the warrantless surveillance. For more, see EPIC's "National Security Agency's Warrantless Surveillance Program" page.
Federal Intelligence Court Rules Warrantless Wiretapping Legal » (Jan. 15, 2009)
The Foreign Intelligence Surveillance Court of Review has ordered the release of a redacted opinion. The federal intelligence court ruled in August, 2008 that warrantless wiretapping of international phone calls and the interception of e-mail messages were permissible. Giving support to the Protect America Act, the Court found that "foreign intelligence surveillance possesses characteristics that qualify" for an exception in the interest of "national security". For more information, see EPIC's page on Foreign Intelligence Surveillance Act.

Background

In Freedom of Information Act lawsuit EPIC v. NSD, EPIC is seeking the public release of a report of the U.S. Government detailing the FBI's search through Americans' data collected using a foreign intelligence surveillance statute.

FBI warrantless searches of communications acquired using Section 702 to pursue routine criminal investigation of U.S. persons - often referred to as "backdoor searches" - are among the most contested federal activities carried out under the Foreign Intelligence Surveillance Act (“FISA”). Section 702 was enacted to authorize certain electronic surveillance of foreign communications without probable cause. Section 702 requires that the target of an investigation is a non-U.S. person located outside the U.S. §1881a(a-b). However, the FBI’s searches these communications, obtained under Section 702, for information about the private activities of Americans. So far, there has been no opportunity for a defendant or other individual to challenge this practice in court and questions remain about the Constitutionality of these warrantless searches.

Congress is now considering proposals to limit the practice. To inform this public debate, EPIC seeks a government report, mandated by the Foreign Intelligence Surveillance Court (“FISC”), concerning FBI use of 702 authority for criminal investigatory purposes concerning a U.S. person. The report required by the FISC, sought by EPIC, arose because of concerns about the possible misuse of Section 702 authority by the FBI.

Section 702 of the FISA Amendments Act

The Foreign Intelligence Surveillance Act of 1978 (“FISA”) was enacted to authorize and regulate surveillance of electronic communications for foreign intelligence purposes. In 2008, Congress amended the FISA to authorize electronic surveillance of certain foreign communications of non-U.S. persons located abroad, with the assistance of communications service providers in the United States. This provision is commonly referred to as Section 702

The rules for carrying out Section 702 surveillance depart significantly from the rules concerning domestic electronic surveillance. Surveillance orders under Section 702 are not subject to any prior or individualized approval by a court. Instead, the FISC conducts an annual “programmatic” review of the procedures for compliance with the statutory requirements. The FISC reviews the “targeting” procedures (procedures “reasonably designed” to ensure collection is “limited to targeting persons reasonably believed to be outside” of the U.S. and prevent “intentional” collection of entirely domestic communications) the “minimization” procedures (procedures “reasonably designed” to minimize the acquisition and retention, and prohibit the dissemination of U.S. persons information), and certifications of the Attorney General and the Director of National Intelligence that these procedures meet the statutory requirements. Unlike other provisions of the FISA, the government is not required to demonstrate “probable cause,” establish that a target is an agent of a foreign power or engaged in criminal activity, or identify the specific places or facilities that will be monitored.Section 702 prohibits the targeting of United States persons and persons inside the United States for surveillance. (stating that “acquisition…may not intentionally target any person known to be located in the United States… may not intentionally target a United States person… outside the United States,” and more)

The Government has conceded that a significant amount of U.S. persons’ communications are collected under Section 702 surveillance programs. While the Intelligence Community will not release statistics on the number of Americans whose communications are collected under 702 programs, the “NSA acquires more than two hundred and fifty million Internet communications every year using Section 702, so even if U.S. communications make up a small fraction of that total, the number of U.S. communications being collected is potentially quite large.”

Backdoor Searches Raise Concerns about Compliance with Fourth Amendment Standards

Under the DOJ’s existing policy, federal agents can search communications collected under Section 702 for information about Americans, even when this information could not lawfully be targeted at the front end. They can do so with few limitations. As described by a coalition of civil liberties organizations, "The government conducts these searches in broadly defined “foreign intelligence” investigations that may have no nexus to national security, in criminal investigations that bear no relation to the underlying purpose of collection, and even in the pre-assessment phase of investigations where there are no facts to believe someone has committed a criminal act."For instance, in 2016 there were over 5,000 government queries using search terms concerning known U.S. persons to retrieve the minimized contents of communications and 30,355 queries concerning a known U.S. person of metadata obtained under 702.

Report to the FISC on 2016 FBI Backdoor Searches

At issue in this case is a FISC-mandated government report about searches of Section 702 data conducted for purely domestic, criminal investigatory purposes where the FBI received and reviewed information about a U.S. personIn July 2015, the U.S. government sought reauthorization of the Section 702 certifications, including associated targeting and minimization procedures, from the Foreign Intelligence Surveillance Court. Because the case presented novel legal issues, the Court appointed an amicus to assist the Court's evaluation of the statutory and constitutional questions, including concerns about the validity of the FBI "backdoor searches." Amicus Amy Jefress raised concerns about these procedures’ compliance with the FISA and also concluded that, without further safeguards, the procedures were inconsistent with the Fourth Amendment.

While FISC ultimately approved the FBI’s Section 702 minimization procedures in a November 6, 2015 Memorandum Opinion and Order. Nonetheless, to monitor the FBI's backdoor searches the FISC required the government to submit reports to the Court "concerning each instance after December 4, 2015, in which FBI personnel receive and review Section 702-acquired information that the FBI identifies as concerning a United States person in response to a query that is not designed to find and extract foreign intelligence information." The report has to include a description of the information, how it will be used, the query terms used, and the reasons the query is consistent with applicable procedures.

EPIC's Interest

Prompt disclosure of this NSD report is critical for the public debate about the pending reauthorization of Section 702. As renewal of Section 702 is now pending before Congress, the public has a right to know why the FBI may obtain the private communications of Americans for ordinary criminal investigations without a warrant.

The FBI’s query and use Section 702 data in routine criminal investigations entirely unrelated to national security without a warrant - or even an individualized court order - raises concerns about compliance with Fourth Amendment standards.

EPIC has pursued similar FOIA cases involving the use of FISA authorities. previously sued the DOJ for the Bureau's release of pen register reports - reports prepared for Congressional oversight committees, summarize significant FISA Court decisions and include the total number of FISA applications filed by the government and the number of U.S. persons targeted for surveillance. As a result of EPIC's request and lawsuit, the Department of Justice has released hundreds of pages of materials related to the governments FISA applications and FISC proceedings. EPIC also recently participated as amicus curiae in Data Protection Commissioner v. Facebook, which involves privacy protections for transAtlantic data transfers, including concerns surrounding U.S. surveillance authorities like Section 702.

FOIA Documents

• EPIC's FOIA Request (May 15, 2017)
• NSD's Production Letter (July 25, 2017)

• Redacted Section 702 Query Report - FOIA Production (July 25, 2017)

• EPIC's FOIA Administrative Appeal (August 17, 2017)

Legal Documents

U.S. District Court for the District of Columbia (No.17-2274)

• EPIC Complaint (Nov. 1, 2017)

• NSD Answer (Dec. 13, 2017)

• Briefing Schedule (Dec. 21, 2017)

• Document Reprocessing

• Production Letter (January 8, 2018)
• Reprocessed Section 702 Query Report (January 8, 2018)

• Motion to Vacate Briefing Schedule (January 25, 2018)

• Joint Status Report (March 5, 2018)

• Stipulation of Dismissal (March 23, 2018)

Resources

• EPIC: Foreign Intelligence Surveillance Court (FISC)
• EPIC: Foreign Intelligence Surveillance Act (FISA)
• PCLOB Report on Section 702
• ODNI, Section 702 of the Foreign Intelligence Surveillance Act, IC on the Record
• Sen. Feinstein, Section 702 Reform Proposal
• AG Sessions & DNI Coates, Letter to Congressional Leaders (September 7, 2017)

NEWS

• Robyn Greene, How the government can read your email Politico, (June 22, 2017)
• Jake Laperruque, How Congress Should Evaluate Section 702’s Security Value When Debating Its Reauthorization, Lawfare (June 16, 2017)
• Katie Bo Williams, Sessions, Coats push for permanent renewal of controversial surveillance law, Hill (Aug. 11, 2017)