Release of the 2004
Privacy & Human Rights Report

EPIC Files Second Lawsuit for NSA Surveillance Documents
In a Freedom of Information Act complaint (pdf) filed today in federal court, EPIC is seeking the release of National Security Agency documents detailing the Administration's warrantless domestic surveillance program. EPIC filed a similar lawsuit (pdf) last month against the Department of Justice, which has played a key role in authorizing, implementing and overseeing the NSA's warrantless surveillance activities. A hearing in that case is scheduled for February 10. For more information, see EPIC's Domestic Surveillance FOIA page. (Feb. 6)

Hearings Begin on Domestic Surveillance Program
The Congress began historic hearings today on the President's domestic spying program. The Attorney General will testify before the Senate Judiciary Committee about the legality of wiretapping US citizens without judicial approval. EPIC has compiled extensive resources on domestic surveillance (see above), and has prepared a report on the legality and cost of the NSA Secret Eavesdropping Program. EPIC makes available the full text of the Foriegn Intelligence Surveillance Act in its Privacy Law Sourcebook. EPIC is also seeking the disclosure of government records that explain the legal basis for the program. Members of the Judiciary Committee have made similar requests. (Feb. 6)

Acxiom Proposed Massive Web Monitoring Plan
Documents (pdf) obtained by EPIC under the Freedom of Information Act show that commercial data broker Acxiom proposed a system to automatically scan the Internet and identify websites "belonging to advocates of extremist views and actions..." The plan proposed to extract personal information from websites and use it for "cross-reference analysis to establish possible connections between extremist groups" and to collect data for an "Identity Verification System to be used by airlines, rental car agencies, and other business and government agencies." For more information, see EPIC's Commercial Data Broker page. (Feb. 2)

Court Upholds Air Travel ID Requirement
The Ninth Circuit Court of Appeals recently ruled (pdf) for the government in Gilmore v. Gonzales, a case that challenged an unpublished federal rule requiring passengers to show ID before boarding commercial airplanes. EPIC filed a "friend of the court" brief (pdf) in the case, stating that secret law violates constitutional due process rights. For more information, see EPIC's Passenger Profiling page. (Feb. 2)

EPIC Testifies on Pretexting and Phone Record Sales
EPIC Executive Director Marc Rotenberg testified (pdf) before the House Energy and Commerce Committee on the sale of personal phone records. EPIC called for laws that would ban pretexting (a technique used by data brokers to obtain personal information), as well as enhanced security procedures, and restrictions on the collection of customer data. "A ban on pretexting will protect consumers and make it clear to online information brokers that pretexting is unfair, deceptive, illegal, and wrong," said Rotenberg. FCC Chairman Kevin Martin and FTC Commissioner John Liebowitz also testified at the hearing, and urged stronger safeguards for phone records. For more information, see EPIC's Illegal Sale of Phone Records page. (Feb. 1)

EPIC Urges CDC to Limit Passenger Data Collection
EPIC said in comments (pdf) to the Centers for Disease Control and Prevention that it should limit a proposed rule that would require airline and shipping industries to gather passenger information, maintain it electronically for at least 60 days, and release it to the CDC within 12 hours of a request. EPIC urged the CDC to narrow the scope of data collected to that which is necessary and set strict security standards to keep passenger data secure from unauthorized access and misuse. The CDC also should require the clear and open disclosure that travelers can refuse to submit their information without facing penalties, EPIC said. For more information, see EPIC's Medical Privacy page. (Jan. 31)

Spotlight: Legality of NSA's Eavesdropping Program Is Suspect
This month, the National Security Agency, the largest intelligence organization in the federal government, is under the Spotlight. The NSA was created to conduct international surveillance - to intercept and analyze phone calls, e-mails, faxes and other communications, searching for threats to national security. Last month, it was revealed that President Bush had issued an order in 2002 allowing the NSA unprecedented power to conduct domestic surveillance. However, it is unlikely that the president has the legal authority to authorize such a program, according to the nonpartisan Congressional Research Office (pdf) and legal experts (pdf). For more information, see EPIC's Spotlight on Surveillance and FISA pages. (Jan. 31)

FTC Fines Choicepoint for $15 Million in Consumer Privacy Case Following EPIC Complaint
The Federal Trade Commission has announced a settlement (pdf) with data broker Choicepoint, under which the company will pay $10 million to the Commission and $5 million to redress consumer harms. It is the largest civil penalty in FTC history. The Commision accused (pdf) Choicepoint of violating consumers' privacy rights and federal law through its shoddy security measures and record-handling procedures. Choicepoint will also have to institute better security procedures and be audited by an independent security firm every two years until 2026. The settlement does not, however, resolve EPIC's 2004 complaint that Choicepoint has been selling personal information outside of Fair Credit Reporting Act protections. For more information, see EPIC's Choicepoint page. (Jan. 26)

EPIC Sues Justice Department for Domestic Surveillance Documents
Today EPIC filed a Freedom of Information Act lawsuit (pdf) against the Department of Justice, asking a federal court to order the disclosure of information about the Administration's warrantless domestic surveillance program within 20 days. The Justice Department has played a key role in authorizing, implementing and overseeing the National Security Agency's domestic surveillance activities. EPIC argues in its court papers (pdf) that the debate surrounding the program "cannot be based solely upon information that the Administration voluntarily chooses to disseminate." For more information, see EPIC's press release and Domestic Surveillance FOIA page. (Jan. 19)