Release of the 2004
Privacy & Human Rights Report

Congress Enacts One-Month Patriot Act Extension
Following widespread public debate, intense negotiation, and political maneuvering, the Congress has extended the Patriot Act until February 3, 2006. More information about the Patriot Act can be found at EPIC's FISA page, Patriot Act page, Patriot Act Sunset page, and Patriot Act FOIA page. (Dec. 23)

Gallup Poll: Americans Oppose Violation of Civil Rights In Fight Against Terrorism
A CNN/USA Today/Gallup poll finds "65% of Americans saying that while the government should make efforts to fight terrorism, it should not take steps that violate basic civil liberties." When asked specifically about the Patriot Act, Gallup reports that "34% of Americans say the law goes too far in restricting people's civil liberties, 41% say it is about right, and 18% say it doesn't go far enough. These views are little changed from a similar measure last June." See EPIC's Public Opinion and Privacy page. (Dec. 21)

EPIC Urges Suspension of Passenger Profiling System
About 30,000 air passengers have reported being wrongly matched to federal watch lists. These frustrating problems flow from the failure to fully apply privacy protections to watchlist databases, especially the right of individuals to access and correct their records, EPIC said in comments (pdf) to the Transportation Security Administration. EPIC urged the suspension of the Registered Traveler program, one version of which is administered by a private contractor not subject to any Privacy Act obligations, until security and privacy problems can be resolved. For more information, see EPIC's Passenger Profiling and Spotlight on Surveillance pages. (Dec. 15)

President Bush States the Obvious
President Bush issued an executive order today directing federal agencies to comply with the Freedom of Information Act. The order also requires each agency to appoint a chief FOIA officer and at least one public liaison, and to establish a requester service center. Chief FOIA officers must review agencies' FOIA operations and report findings, as well as plan for improvement. The order does not repeal a memo issued by Attorney General Ashcroft a month after 9/11 that discouraged free release of information under the FOIA. For more information, see EPIC's Open Government page. (Dec. 14)

Court Hears Arguments in Air Travel ID Case
The Ninth Circuit Court of Appeals recently heard arguments in Gilmore v. Gonzales, a case challenging an unpublished federal rule that passengers show ID before boarding commercial airplanes. EPIC filed a "friend of the court" brief (pdf) stating that secret law violates constitutional due process rights. (Dec. 14)

EPIC Documents Show FBI "Bypass" of Oversight Office
EPIC held a press conference on Capitol Hill today to release PATRIOT Act documents obtained in EPIC V. DOJ, a Freedom of Information Act lawsuit. The documents included internal e-mails (pdf) and memoranda (part 1 | part 2, both pdf) in which FBI officials expressed frustration that the Office of Intelligence Policy and Review, an internal check on FBI authority, had not approved applications for Section 215 orders, the so-called "library records" provision. A 2004 memo (pdf) refers to "recent changes" allowing the FBI to "bypass" the Office of Intelligence and Policy Review. The FBI is under court order to provide further information to EPIC about the Patriot Act sunset provisions. EPIC's statement on the disclosure and the significance for Patriot Act renewal is available here (pdf). For more information, see EPIC's PATRIOT FOIA page. (Dec. 13)

FTC Fines Directv $5.3M for Telemarketing Violations
The Federal Trade Commission today announced an agreement with satellite television provider Directv where the company agreed to pay $5.3 million to settle violations of the Do-Not-Call Telemarketing Registry. Directv was using telemarketing agents to call individuals on the Do-Not-Call Registry, and these agents were "abandoning" calls, that is, initiating a call and hanging up before the consumer can answer. Today's settlement was the largest amount levied against any company for violations of the Do-Not-Call rules. For more information, see EPIC's Telemarketing Page. (Dec. 13)

Groups Comment on Parent Locator Database
EPIC was joined by the Privacy Rights Clearinghouse and World Privacy Forum in suggesting accountability and accuracy improvements for government access to "parent locator services." These services, which were first implemented to locate "deadbeat dads," have expanded to include an incredible array of personal information. The comments explain the need for audit logs and for the ability for individuals to correct information in the database. (Dec. 13)

EPIC Uncovers Government Documents that Reveal Passport Problems
According to documents (pdf) obtained by EPIC under the Freedom of Information Act, a government report found significant problems with new hi-tech passports. Tests conducted last year revealed that "contactless" RFID passports impede the inspection process. At a meeting of a Privacy Advisory Committee today in Washington, EPIC urged (pdf) the Department of Homeland Security to abandon the use of RFID technology in E-Passports and the US-VISIT program. For more information, see EPIC's RFID and US-VISIT pages. (Dec. 6)

EPIC Sues For Data on Tax Record Requests
EPIC has asked (pdf) a federal court to order the Internal Revenue Service to release documents about law enforcement and intelligence requests for taxpayer records since 9/11. EPIC has been seeking the information since July 2004, but the agency has failed to disclose any documents. For more information, see EPIC's IRS page. (Nov. 28)