Privacy & New Media

Shoshanna Saxe
NYT
July 16, 2018

Like a classroom full of overachieving students, cities around the world are racing to declare themselves “smart” — using sensors, data and ubiquitous cameras to make themselves more efficient, safe and sustainable. Perhaps the most famous initiative is here in Toronto, where Sidewalk Labs, a sibling company to Google, recently released a 1,500-page master plan to remake two neighborhoods with things like snow-melting roads and an underground pneumatic-tube network. 

Smart cities make two fundamental promises: lots of data, and automated decision making based on that data. The ultimate smart city will require a raft of existing and to-be-invented technologies, from sensors to robots to artificial intelligence. For many this promises a more efficient, equitable city; for others, it raises questions about privacy and algorithmic bias.

But there is a more basic concern when it comes to smart cities: They will be exceedingly complex to manage, with all sorts of unpredictable vulnerabilities. There will always be a place for new technology in our urban infrastructure, but we may find that often, “dumb” cities will do better than smart ones.

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Natasha Singer
NYT
May 20, 2019
“

Facial recognition software is coming under increasing scrutiny from civil liberties groups and lawmakers. Now Amazon, one of the most visible purveyors of the technology, is facing pressure from another corner as well: its own shareholders.

As part of Amazon’s annual meeting in Seattle on Wednesday, investors are voting on whether the tech giant’s aggressive push to spread the surveillance software threatens civil rights — and, as a consequence, the company’s reputation and profits.

Shareholders have introduced two proposals on facial recognition for a vote. One asks the company to prohibit sales of its facial recognition system, called Amazon Rekognition, to government agencies, unless its board concludes that the technology does not facilitate human rights violations. The other asks the company to commission an independent report examining the extent to which Rekognition may threaten civil, human and privacy rights, and the company’s finances.”

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By David Pogue
NYT
Published Oct. 4, 2019 Updated Oct. 8, 2019
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https://www.nytimes.com/2019/10/04/smarter-living/10-tips-internet-privacy-crowdwise.html

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April 25, 2018
Epic.org
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.
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Proskauer-Block Chain and the Law
Nicole Kramer
April 17, 2018

The effective date of the EU’s General Data Protection Regulation (GDPR) is fast approaching (May 25, 2018), and its impacts are already being felt across various industries. Specifically, the conflicts between the GDPR and the technical realities of blockchains raise important legal considerations for companies seeking to implement blockchain solutions that involve the personal data of EU data subjects.

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https://www.blockchainandthelaw.com/2018/04/blockchain-personal-data-and-the-gdpr-right-to-be-forgotten/

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June 4, 2018

PEW research
By A.W. Geiger
Here are some key findings about Americans’ views of government information-gathering and surveillance, drawn from Pew Research Center surveys since the NSA revelations:
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June 22, 2018
In a landmark ruling, the U.S. Supreme Court held that the Fourth Amendment protects location records generated by mobile phones. The government in Carpenter v. United States had obtained more than 6 months of location records without a warrant. EPIC filed a “friend-of-the-court” brief in Carpenter, signed by thirty-six technical experts and legal scholars, urging the Court to recognize that the “world has changed since Smith v. Maryland” was decided. EPIC argued that “Cell phones are now as necessary to the life of Americans as they are ubiquitous” and that users expect their location data will remain private. The Court agreed, in a decision by the Chief Justice, emphasizing the importance of protecting privacy as technology advances: “As technology has enhanced the Government’s capacity to encroach upon areas normally guarded from inquisitive eyes, this Court has sought to ‘assure[ ] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.'” The Court held that “an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through” a cell phone. Dissenting opinions were filed by Justices Kennedy, Thomas, Alito, and Gorsuch.

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August 23, 2018
A federal appeals court has ruled that smart meters perform a “search” under the Fourth Amendment but found that their collection of household energy data is “reasonable.”
Smart meters periodically transmit information to public utilities about home energy consumption, which can reveal personal behavior patterns and enable real-time surveillance. “The ever-accelerating pace of technological development carries serious privacy implications,” the Seventh Circuit wrote. “Smart meters are no exception.” The Court held that the searches performed by smart meters are justified by cost reductions and service improvements, but the Court warned that “our conclusion could change” if the meters sent data more frequently or if law enforcement were given easier access to the data. EPIC has long warned about the privacy implications of the smart grid and filed an amicus brief in United States v. Carpenter, a recent Supreme Court case that recognized Fourth Amendment protections for cell phone location data.

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September 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.

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