Wal-Mart has announced that it will begin inserting Radio Frequency Identification (RFID) chips into some of its men's clothing, including jeans, underwear, and socks, starting August 1. The retailer has stated that its goal is to expand the use of the tags to its other merchandise as well. Previously RFID tags have only been used in larger packages for warehouse and distribution use, but this will be the first time the tags are used in the stores for individual products that will be taken home by consumers. The tags will remain readable from a short range even after they are removed from the store. For more information, see EPIC RFID Systems.
In prepared testimony (PDF) for a Congressional hearing on "Online Privacy, Social Networking and Crime Vicitimization," EPIC Executive Director Marc Rotenberg urged lawmakers to update federal law to protect the privacy of Facebook users. Mr. Rotenberg said that Facebook's constant changes to the privacy settings of users have made it virtually impossible for users to control who gets access to their personal information. He also said that the failure of the Federal Trade Commission to investigate Facebook's business practices means that Congress must now amend the federal privacy law to limit the ability of Social Network companies to disclose user information to third parties without informed and explicit consent. Also testifying at the hearing are witnesses from the FBI, the Secret Service, Symantec, and Facebook. For more information, see EPIC Social Networking Privacy, EPIC Facebook, and EPIC In re Google Buzz.
Privacy Advocate Betty Ostergren has won in federal appeals court in her challenge to a state law designed to prosecute her for drawing attention to the state's online publication of SSNs. In Ostergren v. Cuccinelli, the court ruled that the Commonwealth of Virginia may not prosecute Ostergren for publishing the SSNs of state officials available in public land records until the Commonwealth itself stops making these unredacted documents available. EPIC filed a "friend of the court" brief in support of Ostergen, urging the court to hold that the First Amendment protects Ostergren's speech. For more information, see EPIC Ostergren v. McDonnell, EPIC Social Security Numbers, and EPIC Identity Theft.
New York Governor David Paterson signed a bill into law last week requiring the NYPD to expunge the names and addresses in a database of people who had been stopped and questioned by police but never charged with any crimes. In signing the bill, Governor Paterson said that "simple justice as well as common sense suggest that those questioned by police and not even accused of a crime should not be subjected to perpetual suspicion." For more information, see EPIC New York Stop-and-Frisk Database
In a recent study by Foresee Results and the University of Michigan, Facebook has scored extremely low in the area of customer satisfaction. The 2010 American Customer Satisfaction Index E-Business Report included social networking companies for the first time, and Facebook scored a 64, putting it "in the bottom 5% of all measured private sector companies and in the same range as airlines and cable companies." The polling company attributed Facebook's low scores to "privacy concerns, frequent changes to the website, and commercialization and advertising." For more information, see EPIC Facebook Privacy and EPIC Public Opinion on Privacy.
Connecticut Attorney General Richard Blumenthal announced in a press release that 38 states and the District of Columbia are seeking additional information about Google's collection of Wi-Fi data from private, residential computer networks. Blumenthal also sent a letter to Google, asking for information about Google's packet-sniffing software, the testing and review procedures, and the internal investigation of the code that "accidentally" recorded unencrypted Wi-Fi traffic in 30 countries over a three-year period. In May, EPIC wrote to the Federal Communications and recommended an investigation, noting that the collection of Wi-Fi data likely violates several federal privacy laws. Google has since suspended its Wi-Fi data collection activities. For more information, see EPIC: Street View Investigations.
On July 20, 2010, the Department of Homeland Security announced a substantial change in the deployment of body scanners in US airports. According to the DHS Secretary, the devices, which had once been part of a pilot program for seconary screening, will now be deployed in 28 additional airports. The devices are designed to capture and store photographic images of naked air travelers. EPIC has filed an emergency motion in federal court, urging the suspension of the program and citing violations of several federal statutes and the Fourth Amendment. Public opposition to the program is also growing. For more information, see EPIC v. DHS (Body scanners) and EPIC Body Scanners.
According to a new study by the Ponemon Institute, public trust in the United States government's commitment to protect privacy has fallen to a new all-time low. The survey of 75 federal organization examined the protection of personal information by federal agencies as well as the commitment to keep secure personal information. For 2010, the average privacy trust score across the United States government fell to 38%, from 50% in 2009. The top-rated government entities included the Postal Service, the Federal Trade Commissions, and the IRS, while the least-trusted agencies were the National Security Agency, the Department of Homeland Security, and the Department of Justice. The largest decline in trust over privacy matters came for the Census Bureau, which is preparing the 2010 census. The largest favorable change was at the Department of State. For more information, see EPIC Public Opinion on Privacy.
Today, EPIC filed a reply in its case against the Department of Homeland Security, EPIC v. DHS,10-1157. EPIC had previously filed a petition and motion for emergency stay, asking the court to suspend the use of the machines. EPIC argued that the use of body scanners for primary screening in U.S. airports violates several federal laws and the Fourth Amendment. In its reply to the government's motion, EPIC also cited the growing public opposition to the program, the decision of major airports not to use body scanners, as well as the agency's failure to adequately address Constitutional concerns. For more information, see EPIC: Body Scanners and EPIC v. DHS.
EPIC has filed a Freedom of Information Act request with the National Security Agency regarding the new secret cybersecurity program known as "Perfect Citizen." According to the Wall Street Journal, the program "would rely on a set of sensors deployed in computer networks for critical infrastructure that would be triggered by unusual activity suggesting an impending cyber attack," although the agency has claimed that there "is no monitoring activity involved, and no sensors are employed in this endeavor" but has refused to release the details of the program. In its request, EPIC has sought contracts, memoranda, and other records relating to "Perfect Citizen." For more information, see EPIC Cybersecurity and Privacy.
EPIC Executive Director Marc Rotenberg testified today before the House Committee on Science and Technology regarding Planning for the Future of Cyber Attack Attribution. In his prepared statement, Mr. Rotenberg discussed "the risks and limitations of a mandatory Internet ID that may be favored by some as a way to address the risk of cyber attack." He explained how such a proposal would implicate human rights and online freedom, and questioned the constitutionality of such a measure. EPIC recommended that efforts continue to focus on improving security standards, deploying encryption, and requiring federal agencies to remain transparent as they develop cyber security policies. For more information, see EPIC Cybersecurity and Privacy.
Today EPIC filed a Freedom of Information Act request with the Department of Homeland Security for studies conducted by the agency and third parties concerning radiation and health testing of body scanners. The EPIC request follows a recent report by Dr. David Brenner to the Congressional Biomedical Caucus that radiation exposure may be up to twenty times greater than the DHS acknowledged. In April 2010, several scientists urged Presidential Science Adviser Dr. John P. Holdren to conduct further evaluation of the health risks of body scanners. EPIC is pursuing FOIA litigation against the DHS regarding full body scanners, and has also filed a lawsuit to halt the use of the devices. For more information, see: EPIC: Body Scanners and EPIC v. DHS.
EPIC FOIA Note #16: 
