Privacy & New Media

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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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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.

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Senators Richard Blumental (D-CT) and Tom Udall (D-NM) have introduced the Managing Your Data Against Telecom Abuses (MY DATA) Act. The MY DATA Act would grant the FTC jurisdiction over broadband providers, as well the authority to establish rules for privacy and data security online. “In the 21st century, internet access is a basic necessity. And signing up for a basic necessity should never mean you have to sign away your rights to privacy,” said Senator Blumenthal. EPIC has previously told Congress that the FTC has not done enough to safeguard consumer privacy, citing the Commission’s failure to enforce settlement agreements or to modify proposed settlements based on public comments. EPIC has also proposed comprehensive consumer privacy laws to combat the growing threats of data breaches, identity theft, and financial fraud.

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A bipartisan group of Senators, including Senators Mark R. Warner (D-VA), Cory Gardner (R-CO), Ron Wyden (D-WA) and Steve Daines (R-MT), have introduced legislation to improve security of Internet-connected devices. The Internet of Things (IoT) Cybersecurity Improvement Act of 2017 would require “Internet of Things” devices purchased by the U.S. government to meet minimum security standards. IoT device manufacturers who sell products to the federal government must commit that their IoT devices: (1) are patchable; (2) do not contain known vulnerabilities; (3) rely on standard protocols; and (4) do not contain hard-coded passwords. “The proliferation of insecure Internet-connected devices presents an enormous security challenge,” said EPIC Advisory Board member Bruce Schneier, “The risks are no longer solely about data; they affect flesh and steel.” EPIC has been at the forefront of policy efforts to establish safeguards for IoT devices, connected cars, “smart homes,” consumer products, and “always on” devices. A 2015 report from the Aspen Institute also explores “Policies for the Internet of Things.”

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In advance of a hearing on self-driving cars, EPIC submitted a statement to the Senate on the privacy and security risks of autonomous vehicles. Researchers have been able to hack connected cars, and the vehicles have caused several accidents. EPIC told the Senate that industry self-regulation has not been effective and that “national minimum standards for safety and privacy are needed to ensure the safe deployment of connected vehicles.” EPIC has worked extensively on the privacy and data security implications of connected cars, having testified on “The Internet of Cars” and submitted numerous comments to the National Highway and Transportation Safety Agency. In a recent amicus brief to the Supreme Court, EPIC underscored the privacy risks of modern vehicles, which collect vast troves of personal data.

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The House Homeland Security Committee passed H.R. 4548, the “Border Security for America Act,” which would dramatically expand surveillance capabilities along the northern and southern borders of the U.S. The bill seeks “to achieve situational awareness and operational control of the border,” with unmanned aerial vehicles (drones), radar surveillance systems, license plate readers, and biometric databases. The Border Security Act would establish a biometric exit data system at US airports, seaports, and land ports. Biometric data would be combined with other Federal databases. The Privacy Act normally limits the government’s ability to collect personal data, but this bill would exempt the Department of Homeland Security from compliance with the Privacy Act. Previous EPIC FOIA lawsuits have revealed that border surveillance by drones would capture imagery, data, and wifi data of US citizens,

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Senators Edward Markey (D-MA) and Richard Blumenthal (D-CT) have introduced the “Security and Privacy in Your Car Act of 2017.” The SPY Car Act would establish cybersecurity and privacy standards for new passenger vehicles, and establish a privacy rating system. A 2014 report from Senator Markey “detailed major gaps in how auto companies are securing connected features in cars against hackers.” The bill would also prevent the use of driver data for marketing purposes without consent. In 2015 EPIC testified before Congress on the need for privacy and safety safeguards for connected vehicles. In 2016 EPIC filed an amicus brief in federal appeals court to protect consumers in cases involving connect vehicles.

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