Nov 302016
 
 November 30, 2016  Posted by  Surveillance, U.S.

Sam Thielman reports:

Public and private libraries are reacting swiftly to the election of Donald Trump, promising to destroy user information before it can be used against readers and backing up data abroad.

The New York Public Library (NYPL) changed its privacy policy on Wednesday to emphasize its data-collection policies.

Read more on The Guardian.

Nov 302016
 
 November 30, 2016  Posted by  Business, Govt

Hannah Lepow writes:

On November 30, the FTC released a staff summary of its September 15, 2016 public workshop, Putting Disclosures to the Test.  Numerous goods and services, from home appliances to financial services, make use of disclosures to inform users of their privacy practices.  These disclosures—whether delivered offline or online, via text, video, or audio—are a key tool for consumers in learning the information they need to make informed decisions in the marketplace.  The FTC has previously issued guidance about making effective digital disclosures and mobile privacy notices.  The workshop went beyond these areas and discussed disclosures for a range of products through the lens of multiple disciplines.

Read more on Covington & Burling Inside Privacy.

Nov 302016
 
 November 30, 2016  Posted by  Business, Court, Featured News, Surveillance, U.S.

Mobile Provider Battled Gag Order That Forced It to Keep Customers in the Dark

SAN FRANCISCO – CREDO Mobile representatives confirmed today that their company was at the center of the long-running legal battle over the constitutionality of national security letters (NSLs), and published the letters the government sent three years ago.

The Electronic Frontier Foundation (EFF) has represented CREDO in this matter since 2013—and the case, bundled with two other NSL challenges, has reached the United States Court of Appeals for the Ninth Circuit. Until now, CREDO was under a gag order, preventing CREDO officials from identifying the company or discussing their role in the case. In March, a district court found that the FBI had failed to demonstrate the need for this gag, and struck it down pending an appeal by the government. But earlier this month, the government decided to drop its appeal of that order, leaving CREDO free to talk about why the legal challenge is important to the company and its customers.

“A founding principle of CREDO is to fight for progressive causes we believe in, and we believe that NSLs are unconstitutional. These letters, and the gag orders that came with them, infringed our free speech rights, blocking us from talking to our members about them or discussing our experience while lawmakers debated NSL reform,” said Ray Morris, CREDO CEO. “We were proud to fight these NSLs all these years, and now we are proud to publish the letters and take full part in the ensuing debate.”

The NSLs statutes have been highly controversial since their use was expanded dramatically by the PATRIOT Act in 2001. Soon after that, internal reviews by the Department of Justice found that they had been widely misused. With an NSL, the FBI—on its own, and without court approval—can issue a secret letter to a communications provider, demanding information about its customers, nearly always accompanied by a gag order. That prevents recipients from notifying users about the NSL or even discussing the letter at all.

While the government has stopped pursuing the NSL gag orders on CREDO in this case, EFF’s two other NSL challenges are still being litigated in the appeals court. EFF’s clients—who still must remain secret—argue that they are being unconstitutionally barred from discussion and debate about government use of NSLs and surveillance reform.

“The FBI issues NSL demands for customer information without a warrant or any court supervision, and slaps on a gag order to make it hard for anyone to complain,” said EFF Staff Attorney Andrew Crocker. “The years-long fight in this case demonstrates the difficulty of challenging these orders, and we’re grateful to CREDO for stepping up for its customers and the public to fight these NSLs.”

CREDO Mobile has been in business for 31 years, originally as Working Assets. CREDO believes in bringing social change through every day acts of commerce. Since its founding, it’s donated $81 million to progressive causes.

For the NSLs to CREDO:
https://www.eff.org/document/redacted-national-security-letter-1
https://www.eff.org/document/redacted-national-security-letter-2

For more on this case:
https://www.eff.org/cases/re-national-security-letter-2013-13-80089

SOURCE: EFF

Nov 302016
 
 November 30, 2016  Posted by  Featured News, Laws, Surveillance, U.S.

Damn.

Dustin Volz reports:

A last-ditch effort in the Senate to block or delay rule changes that would expand the U.S. government’s hacking powers failed Wednesday, despite concerns the changes would jeopardize the privacy rights of innocent Americans and risk possible abuse by the incoming administration of President-elect Donald Trump.

Democratic Senator Ron Wyden attempted three times to delay the changes which, will take effect on Thursday and allow U.S. judges will be able to issue search warrants that give the FBI the authority to remotely access computers in any jurisdiction, potentially even overseas. His efforts were blocked by Senator John Cornyn of Texas, the Senate’s second-ranking Republican.

Read more on Reuters.