The Federal Aviation Administration published the final rule for the operation of drones over people. The rule allows drones to operate over people without first obtaining a waiver to do so. The drone must meet certain requirements (e.g. the drone can't have exposed rotating blades) and the rule doesn't generally allow sustained flight over large gatherings of people outside. EPIC, in comments to the agency, argued that all drones operating over people should broadcast identifying information. In response to comments by EPIC and others, the FAA's final rule prohibits the operation of drones over "open-air assemblies" unless the drone meets the broadcast ID requirement that takes affect in September 2023. Through lawsuits and previous comments to the FAA, EPIC has repeatedly argued the FAA has an obligation to implement privacy safeguards for drones before they are a common sight over people.
Liberty at Risk: Pre-trial Risk Assessment Tools in the U.S.
Federal, state, and local governments use Risk Assessment Tools to make key decisions about defendants in criminal cases, depriving accused individuals of their liberty based on subjective assessments of the likelihood that they will flee or commit crimes in the future. Many of these tools are opaque and not subject to independent review. "Liberty at Risk: Pre-trial Risk Assessment Tools in the U.S." provides an overview of Risk Assessment Tools that practitioners and scholars can use to understand the nature of these systems, understand the broader context in which they are used, and help focus their evaluations of the fairness of these systems.
Privacy and the Pandemic
EPIC is working to ensure that private and public sector responses to COVID-19 safeguard the privacy and civil liberties of all people. Through advocacy, oversight, and litigation, EPIC is ensuring that the coronavirus pandemic does not lead to erosion of individual rights. Visit epic.org/covid to see EPIC's resources on these issues.
Court Rules for EPIC in Mueller Case.
A federal judge has agreed to conduct an independent assessment in EPIC's case for the release of the complete Mueller Report. Judge Walton called the Attorney General's conduct in the case EPIC v. DOJ "distorted" and "misleading." EPIC has published a book about the case EPIC v. Department of Justice: The Mueller Report", available for sale at the EPIC Bookstore.
Defend Privacy. Support EPIC.
EPIC is on the front lines of the major privacy and civil liberties debates. In 2020, EPIC has worked to protect democratic institutions, promote algorithmic transparency, and defend the right to privacy. We need your support. And EPIC is a top-rated non-profit - Charity Navigator (Four Star) and Guidestar (Gold). Please donate to EPIC today.
EPIC is on the front lines of the major privacy and civil liberties debates. In 2020, EPIC has important work to do on artificial intelligence, face surveillance, data protection, and election security, among many other issues. Please donate to EPIC today to help us continue this important work.
EPIC Launches Campaign For a Data Protection Agency
EPIC Advisory Board Member Professor Ari Waldman and EPIC Policy Director Caitriona Fitzgerald with Senator Kirsten Gillibrand for introduction of Data Protection Act to establish a data protection agency in the United States.
EPIC Files Complaint with FTC about Employment Screening Firm HireVue
EPIC's Jeramie Scott: Ban Face Surveillance
EPIC Senior Counsel Jeramie Scott on CBS News discussing the dangers of face surveillance.
EPIC Launches Campaign to Ban Face Surveillance
EPIC has launched a campaign to ban face surveillance. EPIC will publish information on face surveillance laws, reports, and protests worldwide.
Today, Google announced that it "completed its acquisition of Fitbit" in a $2.1 billion, even though the Department of Justice has not yet approved the merger. DOJ said that its investigation into the deal remains ongoing and "[a]lthough the division has not reached a final decision about whether to pursue an enforcement action, the division continues to investigate whether Google's acquisition of Fitbit may harm competition and consumers in the United States." This announcement comes after Google gained EU antitrust approval for its Fitbit bid last month after agreeing to limits on how it will use consumers' data, including pledging to not use Fitbit data for advertising purposes in Europe. EPIC has long opposed this acquisition, citing concerns about Google's history of data protection and privacy violations. In November 2019, EPIC provided told the House Judiciary Committee that the FTC to block the acquisition. EPIC brought the 2012 case against the FTC for the agency's failure to enforce the 2011 consent order against Google after the company consolidated user data across multiple services.
EPIC submitted comments to the Department of Homeland Security in response to a system of records notice and proposed exemptions from Privacy Act requirements for a new counterintelligence records system. DHS's proposed records system would permit nearly limitless collection of sensitive personal information and unchecked disclosure of that information to state, local and international agencies, and to private companies. DHS's proposed exemptions would eliminate all individual rights under the Privacy Act and exempt DHS from basic Privacy Act requirements, including limiting data collection to necessary information. EPIC recently insisted that DHS rescind a proposed expansion of the use of biometrics, including facial recognition, across the agency.
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The EPIC Alert is a biweekly newsletter highlighting emerging privacy issues.
EPIC in the News
FTC Urged To Investigate Amazon Prime Over Cancelation Hurdles
January 14, 2021
Ben Winters, EPIC Equal Justice Works Fellow
Ben Winters, EPIC Equal Justice Works Fellow
John Davisson, EPIC Senior Counsel
Alan Butler, EPIC Interim Executive Director
EPIC v. DOJ: Seeking the final report by Special Counsel Robert Mueller concerning Russian interference in the 2016 U.S. presidential election.
Department of Commerce v. New York: Whether the Department of Commerce and Census Bureau violated the Administrative Procedure Act when it added a citizenship question to the 2020 Census.
EPIC provides expertise to shape strong privacy and open government laws at both the state and federal level.
EPIC recently launched a campaign to promote the creation of a Data Protection Agency in the U.S.
EPIC's Alan Butler on Location Privacy
Privacy Law Sourcebook 2020