10
09
2020
EPIC
September 2, 2020The 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.
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Categories : Constitutional law, Federal law, NSA, Surveillance
14
01
2019
The D.C. Circuit Court of Appeals will hear arguments Friday in a case about the 2015 data breach at the U.S. Office of Personnel and Management, which affected 22 million federal employees, their friends, and their family members. EPIC filed an amicus brief in the case, joined by forty-four technical experts and legal scholars (members of the EPIC Advisory Board). In the brief, EPIC said that “when personal data is collected by a government agency, that agency has a constitutional obligation to protect the personal data it has obtained.” In the 2011 case NASA v. Nelson, EPIC urged the Supreme Court to limit data collection by federal agencies, citing the growing risk of data breach in the federal government.
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Categories : Constitutional law, FIP 5: Protect the data you have, Judicial/Court/Trial, Privacy
14
01
2019
New Hampshire voters overwhelmingly approved a ballot measure that guarantees a constitutional right to information privacy in the state. The measure, which received 80% of the vote, amends Article 2 in the New Hampshire Bill of Rights providing that “an individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.” New Hampshire joins a growing number of states with constitutional privacy protections. EPIC Advisory Board member David Flaherty has written about the development of constitutional privacy protections. EPIC regularly files amicus briefs supporting state privacy rights. In a recent amicus brief concerning the OPM data breach, EPIC argued that the right to information privacy exists in the federal Constitution.
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Categories : Constitutional law, FIP 1: No secret collections, FIP 2: Discover, FIP 3: One use, FIP 4: Repair, FIP 5: Protect the data you have, Legislation, Privacy, State law, Surveillance
13
01
2019
A federal court has blocked a New York City law requiring home-sharing platforms to disclose detailed personal information about users, ruling that the ordinance violates the Fourth Amendment. The law would have required companies such as Airbnb to disclose the names, contact information, financial data, and rental histories of hosts, even when no unlawful conduct was suspected. . . .l The court followed a Supreme Court case Los Angeles v. Patel, which prohibited the warrantless searches of hotel records. EPIC filed an amicus brief in Patel. The federal court also cited Carpenter v. United States, Byrd v. United States, Riley v. California, and United States v. Jones, Supreme Court cases in which EPIC also filed amicus briefs. The decision in Airbnb v. New York also has implications for the data collection practices of so-called Smart Cities.
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Categories : Constitutional law, Privacy, State law
29
01
2018
A federal district court has held that firing public school teachers based on the results of a secret algorithm is unconstitutional. The case, Houston Federation of Teachers vs. Houston Independent School District, concerned a commercial software company’s proprietary appraisal system that was used to score teachers. Teachers could not correct their scores, independently reproduce their scores, or learn more than basic information about how the algorithm worked. “When a public agency adopts a policy of making high stakes employment decisions based on secret algorithms incompatible with minimum due process, the proper remedy is to overturn the policy,” the court wrote. EPIC recently filed a complaint asking the FTC to stop the secret scoring of young tennis players. EPIC has pursued several cases on “Algorithmic Transparency,” including one for rating travelers and another for assessing guilt or innocence.
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The content in this post was found at https://epic.org/2017/06/court-rules-secret-scoring-of-.html Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.
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Categories : Constitutional law, Data Mining, FIP 1: No secret collections, FIP 2: Discover, FIP 3: One use, FIP 4: Repair, Judicial/Court/Trial, Privacy
22
01
2018
The introduction of Face ID instantly led to questions among civil liberties experts, who say the technology raises the risk of abuse.
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The content in this post was found at https://www.washingtonpost.com/news/the-switch/wp/2017/09/13/what-happens-if-a-cop-forces-you-to-unlock-your-iphone-x-with-your-face/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.
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Categories : AI, Biometrics, Constitutional law, Crossed Streams: Gov + Commercial, Data Mining, FIP 3: One use, FIP 5: Protect the data you have, IoT, Privacy, Surveillance
6
03
2017
EPIC has filed an urgent FOIA request with U.S. Customs and Border Protection for details of eye scans conducted on U.S. citizens traveling internationally. The CBP has long been testing biometric identification of travelers, including U.S. citizens, and a recent report indicates U.S. citizens were subject to eye scans before traveling abroad. EPIC seeks public disclosure of the details of CBP policies for scanning U.S. citizen irises and retinas upon entry or exit to the U.S. EPIC makes frequent use of the Freedom of Information Act. As the result of a FOIA lawsuit, EPIC recently obtained several memorandum of understanding regarding the transfer of biometric identifiers between the FBI and DOD. Last month, EPIC also prevailed in EPIC v. FBI, a FOIA lawsuit public release of the FBI’s privacy assessments.
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The content in this post was found at https://epic.org/2017/03/epic-foia-epic-seeks-informati-1.html Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.
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Categories : Biometrics, Constitutional law, Federal law, FIP 3: One use, International Privacy Landscape, Privacy, Surveillance
28
02
2017
DAVID KRAVETS – 2/23/2017,
ars technica
Amazon is balking at a search warrant seeking cloud-stored data from its Alexa Voice Service. Arkansas authorities want to examine the recorded voice and transcription data as part of a murder investigation. Among other things, the Seattle company claims that the recorded data from an Amazon Echo near a murder scene is protected by the First Amendment, as are the responses from the voice assistant itself.
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The content in this post was found at https://arstechnica.com/tech-policy/2017/02/amazon-wont-disclose-if-alexa-witnessed-a-murder/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.
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Categories : Constitutional law, FIP 3: One use, FIP 5: Protect the data you have, Judicial/Court/Trial, Privacy, Surveillance
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