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Wednesday, November 21, 2012

Attorneys: Obama’s ‘secret’ cyber security law may allow ‘military deployment within the U.S.’

The White House on Wednesday receieved a Freedom of Information Act (FOIA) request (PDF link) from two attorneys with the Electronic Privacy Information Center (EPIC), demanding that President Barack Obama release the text of what they called a “secret” new cyber security law that appears to enable “military deployment within the United States.”
The FOIA was filed in response to an article that appeared in The Washington Post this week, claiming that Obama issued a secret directive shortly before the elections that empowers the military to “vet any operations outside government and defense networks” for cyber security purposes.
However, because the exact text of the directive remains a secret, nobody can really say exactly what it does. That was somewhat disconcerting to American Civil Liberties Union legislative counsel Michelle Richardson, who told Raw Story on Wednesday that without the text, “it’s hard to see what they mean.”


 President Obama has signed a secret directive that effectively enables the military to act more aggressively to thwart cyber­attacks on the nation’s web of government and private computer networks.

Presidential Policy Directive 20 establishes a broad and strict set of standards to guide the operations of federal agencies in confronting threats in cyberspace, according to several U.S. officials who have seen the classified document and are not authorized to speak on the record. The president signed it in mid-October.


Pew Survey Finds Most Parents Concerned About Children's Online Privacy

A new report from the Pew Research Center and the Berkman Center for Internet & Society finds that 81% of parents are concerned about how much information advertisers can learn about their child's online behavior. Also, 69% of parents of online teens are concerned about how their child’s online activity might affect their future academic or employment opportunities. And 63% of parents of teens ages 12-13 say they are "very" concerned about their child's interactions with people they do not know online. Many parents reported taking steps to address these risks, such as talking to their children or helping them configure privacy settings. The Federal Trade Commission is considering new privacy rules to strengthen the Children’s Online Privacy Protection Act. EPIC strongly supports the proposed changes. For more information, see EPIC: Children's Online Privacy and EPIC: Federal Trade Commission.

NSA Withholds Cybersecurity Directive, EPIC to Appeal

The National Security Agency has responded to a Freedom of Information Act Request from EPIC, seeking the public release of Presidential Policy Directive 20. The Directive, first reported by the Washington Post, is believed to expand the NSA's cybersecurity authority. In response to EPIC, the NSA argued that the Agency does not have to release the document because it is a confidential presidential communication and it is classified by the NSA. EPIC is litigating similar claims against the NSA, including the release of NSPD 54, a 2008 presidential directive setting out the NSA’s cybersecurity authority. In an official statement to Congress earlier this year, EPIC explained that the NSA was a “black hole for public information about cybersecurity.” EPIC plans to appeal the NSA's determination. For more information, see EPIC: Cybersecurity Privacy Practical Implications, EPIC: EPIC v. NSA - Cybersecurity Authority.

FTC Releases 2012 Performance Report

The Federal Trade Commission has released its performance and accountability report for 2012. The report summarizes the agency’s activities, shows how the agency has managed its resources, and explains how it plans to address future changes. Regarding consumer privacy, the agency cites the release of a new privacy report, the adoption of a consent order with Facebook, and a $22.5 million fine against Google as its primary accomplishments . The Commission reported that it acted on 90.6% of all consumer complaints that it received, though it did not indicate how many of these actions concerned consumer privacy. The agency’s goals for the coming year include “promot[ing] stronger privacy protections through policy initiatives on a range of topics such as data brokers, mobile devices, and comprehensive online data collection.” Earlier this year, EPIC brought suit against the Federal Trade Commission for its failure to enforce a 2011 consent order. EPIC has also routinely urged the FTC to take account of public comments when the agencies sets out proposed settlements and asks for public comments. For more information, see EPIC: Federal Trade Commission and EPIC: EPIC v. FTC (Enforcement of Google Consent Order).

EPIC Submits Comments to FTC on Consumer Tracking Settlement

EPIC submitted comments to the Federal Trade Commission on a recent settlement with Compete, Inc. The settlement arises from allegations that Compete failed to adopt reasonable data security practices and deceived consumers about the amount of personal information that its toolbar and survey panel would collect. The FTC also charged Compete with deceptive practices for falsely claiming that the data it kept was anonymous. The proposed settlement requires Compete to obtain consumers’ express consent before collecting any data through its software, to delete personal information already collected, and to provide directions for uninstalling its software. EPIC expressed support for the settlement, but recommended that the FTC also require the Compete to implement Fair Information Practices similar to the Consumer Privacy Bill of Rights, make the compliance reports publicly available, and develop a best practices guide to de-identification techniques, as anonymization has become more critical for online privacy. For more information, see EPIC: Federal Trade Commission and EPIC: Re-Identification.

EPIC Argues for Privacy of Driver's Records in Supreme Court Case

In a "friend of the court" brief, EPIC has urged the U.S. Supreme Court to limit the disclosure of personal information covered by the Driver's Privacy Protection Act. At issue in Maracich v. Spears is a lower court's decision to allow disclosure of information stored in state departments of motor vehicles. EPIC's amicus brief details the staggering amount of personal information in driver's records, particularly as a consequence of the REAL ID regulations. In Reno v. Condon, the Supreme Court upheld the Constitutionality of the federal law. EPIC filed an amicus brief in that case and said "The Drivers Privacy Protection Act safeguards the personal information of licensed drivers from improper use or disclosure. It is a valid exercise of federal authority in that it seeks to protect a fundamental privacy interest." For more information, see EPIC: Maracich v. Spears and EPIC: The Driver's Privacy Protection Act.

Senate Reauthorizes SAFE WEB Act

The Senate has approved a House bill to reauthorize the SAFE WEB Act. The SAFE WEB Act gives the Federal Trade Commission additional tools to combat cross-border fraud, spam, and spyware. EPIC previously testified before both the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science and Transportation on the SAFE WEB Act. EPIC said that it supported legislation that safeguards privacy and ensures government oversight while enabling the FTC to work more closely with consumer protection agencies in other countries. For more information, see EPIC: Federal Trade Commission.

Congress to Scrutinize TSA's "Scanner Shuffle"

The House Subcommittee on Transportation Security is holding an oversight hearing this week, "TSA's Recent Scanner Shuffle: Real Strategy or Wasteful Smokescreen?" The hearing announcement follows a decision by the TSA to remove the backscatter x-ray devices from major US airports. In a statement for the record, EPIC highlighted public concerns about the use of body scanners, including health and privacy risks, and the failure of the TSA to take public comments on the program. In July 2011, the federal appeals court in Washington, DC ruled that that the Department of Homeland Security must "act promptly" to receive public comments. For more information, see EPIC: EPIC v. DHS (Suspension of Body Scanner Program), EPIC: Whole Body Imaging Technology and Body Scanners ("Backscatter" X-Ray and Millimeter Wave Screening) and EPIC: EPIC: Body Scanner FAQ.

President Issues Secret Cybersecurity Directive, EPIC Seeks Public Release

Following a Washington Post report of a new cyber security directive, EPIC has filed a Freedom of Information Act request for the release of Presidential Policy Directive 20. The Directive is believed to expand cyber security authority for the National Security Agency. EPIC is pursuing several FOIA cases, including the release of NSPD-54, an earlier Directive that gave NSA authority to conduct surveillance within the United States. EPIC has also sought public release of the technical arrangement between the NSA and Google that was adopted in January 2010. Federal law prevents the National Security Agency, a component of the Department of Defense, from conducting operations within the United States. For more information, see EPIC: Cybersecurity Privacy Practical Implications, EPIC: EPIC v. NSA - Cybersecurity Authority, and EPIC v. NSA: Google / NSA Relationship.

EPIC Urges the Interior Department to Preserve Strong Open Government Rules

In comments the Department of the Interior, EPIC has urged the federal agency not to weaken the Freedom of Information Act (FOIA) as it has proposed. The Interior Department is considering regulations that would place new burdens on FOIA requesters by: (1) terminating FOIA requests, (2) denying FOIA requests without providing justifications as required by law, and (3) withholding the identity of agencies to which the Department refers FOIA requests. EPIC said that the Interior Department's proposal would undermine the open government law, is contrary to law, and the views expressed by the President and the Attorney General about the FOIA. EPIC routinely comments on agency proposals that impact the rights of FOIA requesters. In 2011, EPIC submitted extensive comments to the Department of Justice, warning the agency not to erect new obstacles for FOIA requesters. For more information, see EPIC: Open Government.

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