EPIC Alert 19.24
E P I C A l e r t
Volume 19.24 December 21, 2012
Published by the
Electronic Privacy Information Center (EPIC)
"Defend Privacy. Support EPIC."
Table of Contents
 Facebook Changes Governance Docs Despite Overwhelming Opposition
 FTC Updates Child Online Privacy Rule, Releases
Kids' App Report
 Instagram Backs Off Proposed Changes
 Aviation Industry to FAA: 'Ignore Privacy'
 FTC Pursues Investigation
of Data Brokers
 News in Brief
 EPIC in the News
 EPIC's Holiday Gift Guide for the Privacy Enthusiast
 Upcoming Conferences
 Facebook Changes Governance Docs Despite
Almost 600,000 Facebook users voted
to oppose Facebook's proposed
of all Facebook users who
voted. It was the largest vote in Facebook
history. Yet Facebook has gone forward with significant changes to its
and ended the voting rights for Facebook users. The
impact was almost immediate as Facebook moved quickly to change its
practices, allow the delivery of spam to users' email, and
modify the Terms of Service for Instagram users
EPIC and the Center
for Digital Democracy wrote to Facebook CEO Mark
Zuckerberg, recommending that the proposal be withdrawn. In the letter,
that the proposed changes raised privacy risks for
users, might be contrary to law, and violated Facebook's previous
to users about site governance. EPIC noted that by shifting
from a voting system that set an "unreasonably high participation
scrapping the [voting] mechanism altogether raises questions
about Facebook's willingness to take seriously the participation of
Facebook users" and undermines Facebook's purported commitment to
developing policies that reflect user feedback.
also highlighted the fact that "Facebook's proposed
changes implicate the user privacy and the terms of a recent
the Federal Trade Commission. The settlement prohibits
Facebook from misrepresenting the extent to which it maintains the
or security of covered information. Additionally, prior to any
sharing of users' personal information with a third party, Facebook
must make a clear and prominent disclosure and obtain the affirmative
express consent of its users.
"By removing users' ability
to prevent strangers from sending unwanted
messages," the letter argues, "the proposed changes are likely to
increase the amount
of spam that users receive. Facilitating spam
violates users' privacy and security, as many Facebook scams are
the messaging feature."
In a separate December 12 announcement, Facebook announced further
changes to site privacy settings, including
settings that allow users
to choose which personal information Facebook apps can access and
disclose, and a privacy shortcuts menu.
But Facebook also removed an
option that allowed users to hide themselves from strangers through
Facebook's search function.
is a leading advocate of the rights of Facebook users and has
helped organize several of the campaigns and investigations to
user privacy. In 2007, EPIC organized objections to Facebook's
"Beacon" program, which disclosed users' personal information, including
their online purchases and video rentals, similarly without their
knowledge or consent. Facebook ultimately abandoned "Beacon"
users signed a petition protesting the program.
privacy settings in 2009. Facebook made several categories of personal
data "publicly available information," including
users' names, profile
photos, lists of friends, fan pages and networks to which they
belonged. However, Facebook withdrew proposed changes to the Terms of
Service after 150,000 users, in collaboration with EPIC, formed the
Users Against the New TOS." EPIC's complaints to the FTC in
2009 and 2010 were instrumental in the agency's 2011 settlement with
EPIC: Letter to Facebook re: Governance Changes (Nov. 27, 2012)
Facebook: Changes to Privacy Controls (Dec. 12, 2012)
FTC: Settlement with Facebook re: Privacy Changes
FTC: Facebook Consent Order Press Release (Aug. 10, 2012)
EPIC: Facebook Privacy
EPIC: Social Networking Privacy
 FTC Updates Child Online Privacy Rule, Releases Kids'
The Federal Trade Commission has issued an
updated rule for industry
compliance with the Children's Online Privacy Protection Act, or COPPA.
The new rule expands the definition
of "personal information" to
include geolocational information and persistent identifiers, or
"cookies". It also forbids third-party
advertisers from secretly
collecting children's personal information for behavioral advertising
without parental consent.
requires parental consent for the collection and use of the
personal information of children under age 13, and applies to both
commercial websites and online services directed at children. These
services must also disclose when data is collected, and give
the right to delete their children's information.
EPIC provided extensive comments in support of the updated changes and,
in 2010, testified before the US Senate that COPPA was crucial to
protecting children's privacy, and that updates were necessary
of new business practices, the emergence of social media, and the
development of smartphone apps. EPIC also had testified
in 1996 in
support of the bill that became the Children Online Privacy Protection
The FTC has also issued a new report, "Mobile
Apps for Kids:
Disclosures Still Not Making the Grade," which finds little progress
on transparency for child-oriented mobile apps.
The FTC surveyed apps
from the app stores of Google's Android and Apple's iOS mobile
platforms and concluded, "[M]any apps included
interactive features or
shared kids' information with third parties without disclosing these
practices to parents." The FTC report
urges the mobile app industry to
develop best practices to protect children's privacy, include
incorporating "privacy by design"
features, giving parents clear
choices about data collection, and increasing transparency on data
collection and use practices.
The report reviewed privacy disclosures, information collection, and
information sharing practices, an analyzed in-app advertising
purchasing features, as well as links between apps and social media
platforms. According to the report, the agency has launched
non-public" investigations to determine whether certain apps engage in
unfair and deceptive trade practices.
New COPPA Rule
FTC: Mobile Apps for Kids Report (Dec. 10, 2012)
FTC: Text of Original 1998 COPPA Bill
EPIC: Comments to FTC re: COPPA Changes (Sept. 24, 2012)
EPIC: Comments to FTC Supporting COPPA Rule (Dec. 23, 2011)
EPIC: Testimony before U.S. Senate on COPPA (Apr. 29, 2010)
EPIC: Testimony before House on Original COPPA Bill (Sept. 12, 1996)
EPIC: Children's Online Privacy Protection Act (COPPA)
EPIC: Federal Trade Commission
 Instagram Backs Off Proposed Changes
Photo-sharing site Instagram Instagram announced that it will
withdraw proposed changes to the site's Terms of Service, which were
announced earlier this week. Instagram backed off a plan to use the
names, images, and photos of users for advertising purposes,
pleading to site users to let Instagram "complete our plans, and then
come back to our users and explain how we would like
advertising business to work."
The previously announced changes to Instagram's Terms of Service would
have allowed the
company to display user pictures in advertisements
without notification or compensation, and to disclose user data to
new owner, Facebook, and to third-party advertisers.
Additionally, parents of minors would have implicitly consented to the
of their children's images for advertising purposes. The changes
were due to take effect January 16, 2013, and would not have applied
photos uploaded before that date.
After an immediate public and media uproar over the changes to the
Terms of Service, Instagram
then stated that some of the language
would be modified "to make it more clear what will happen with your
to Instagram's Terms of Service shortly follows Instagram's
parent company, Facebook, changing its own terms of service to allow
more data sharing with third-party advertisers.
EPIC had recently urged Facebook users to vote for "Existing
that under Facebook's changed Terms of Service,
Facebook would loosen privacy controls, affecting Instagram as well
users. Despite the fact that 88% of voters supported the
"Existing Documents" provision, Facebook moved forward with the new
Facebook is under a 2011 consent order with the Federal Trade
Commission that prohibits the company from changing privacy
without the affirmative consent of users or misrepresenting the privacy
or security of users' personal information.
Instagram: Update on New Terms of Service (Dec. 20, 2012)
Instagram: New Terms of Service
Instagram: Blog Post re: Terms of Service Changes (Dec. 19, 2012)
FTC: Press Release on Settlement with Facebook (Aug. 10, 2012)
EPIC: "EPIC Urges Vote for EXISTING Facebook Documents" (Dec. 4, 2012)
EPIC: Facebook Privacy
EPIC: In re Facebook
 Aviation Industry to FAA: 'Ignore Privacy'
US aviation groups have sent a letter to the Federal Aviation
Administration, asking the agency to ignore the privacy implications
increased drone use in the US. The letter follows the FAA's statement
in an open letter to Congress that domestic drones "rais[e]
issues [that] will need to be addressed." In the FAA's letter, Acting
Administrator Michael P. Huerta cited the privacy
the domestic use of drones as the reason the FAA would not be able to
name test sites for drone usage by the
end of 2012.
In July 2012, EPIC testified before Congress on US drone use, warning,
"[T]here are substantial legal and constitutional
issues involved in
the deployment of aerial drones by federal agencies." EPIC stressed
that drones pose a unique threat to privacy
because of their lower
cost point compared to other aerial vehicles, their design towards
"constant, persistent surveillance,"
and their ability to be equipped
with sophisticated surveillance technology. Drone technology can
include infrared cameras, heat
sensors, automated license plate
readers, and facial recognition capabilities.
EPIC's Congressional testimony called attention
to the inadequacy of
current privacy safeguards against drones, noting in particular the
lack of regulation of governmental drone
deployment. EPIC also urged
Congress to pass targeted legislation that would include use
limitations, data retention limitations,
In February 2012, EPIC, joined by over 100 organizations, experts, and
members of the public, petitioned the
FAA to establish privacy
safeguards for drones. The petition raised the same issues as EPIC's
testimony to Congress and called
on the FAA to conduct a notice-and-
comment rulemaking to address the impact of drone use on privacy and
civil liberties in the
US. Meanwhile, Rep. Ed Markey (D-MA) has
introduced the "Drone Aircraft Privacy and Transparency Act". The bill
calls for the
FAA to complete a report on the privacy implications of
domestic drone use. The bill will also require drone operators to
a data collection and data minimization statement regarding
drones' collection of personally identifiable information.
Groups: Letter to FAA re: Privacy and Drones (Nov. 8, 2012)
FAA: Letter to Congress re: Privacy and Drone Use (Nov. 1, 2012)
EPIC: Testimony before Congress re: Privacy and Drones (Jul. 19, 2012)
EPIC: Petition to FAA re: Privacy and Drones (Feb. 24, 2012)
Rep. Ed Markey: Text of Drone Privacy and Transparency Act (Dec. 2012)
Rep. Ed Markey: Press Release on Drone Act (Dec. 18, 2012)
EPIC: UAVs and Drones
 FTC Pursues Investigation of Data Brokers
The Federal Trade Commission has issued orders requiring nine data
brokerage companies to provide the agency with information about
they collect and use consumer data. Data brokers are companies that
collect personal information about consumers from a variety
and non-public sources and resell the information to other companies.
This data is put to use in a variety of ways, including
advertising. In March 2012, the FTC called on the data broker industry
to increase transparency as part of a Commission
report. The FTC
anticipates comparing the data it collects from the orders with the
practices it recommended in the March report.
Pursuant to the orders, each of these companies will have to provide
data about their business practices, including: (1) A list
nature of the products and services"; (2) The types of data collected;
(3) The companies' customers; (4) Consumers' ability
to access the
information collected about them; (5) Promotions and policies; and
(6) Complaints or inquiries directed towards them.
The order also
contains provisions dealing specifically with data collection from
teenagers and children, including how that data
is collected and
whether it is differentiated from adult data.
The FTC plans to use the information in the order to study privacy
practices in the data broker industry, as authorized by Section 6(b)
of the FTC Act. Subsequently, the agency will use the study
identify weaknesses and areas for improvement in the data-broker
industry, and to make recommendations on whether and how the
industry could improve its privacy practices.
EPIC has been a longtime proponent of regulation of the data broker
2005, EPIC brought a complaint to the FTC against the
data broker ChoicePoint that produced a $10 million settlement,
largest in FTC history for a violation of federal privacy law.
In that complaint, EPIC urged the agency to investigate the
and sale of personal dossiers by ChoicePoint and other
data brokers. In addition to the penalty, ChoicePoint was required to
up a $5 million trust fund for individuals who might have become
victims of identity theft as a result of a major security breach
their consumer record database.
In 2009, EPIC testified in support of regulatory legislation over data
brokers. EPIC encouraged
Congress to craft forward-thinking legislation
that is "effective, flexible, and responds to the rapidly changing
By focusing on brokers' broad obligations, making clear
the incentives, and encouraging the development of the best solutions,
EPIC advised, Congress could guide states in their efforts to develop
robust data security laws.
FTC: Order to File Special Report
on Data Brokers (Dec. 18, 2012)
FTC: Data Broker Order
FTC: Press Release on Data Broker Study (Dec. 18, 2012)
EPIC: Testimony before US House on Data Brokers (May 5, 2009)
EPIC: Federal Trade Commission
 News in Brief
Senate Judiciary Committee Approves Location Privacy Bill
The US Senate Judiciary Committee has approved the Location Privacy Act
of 2011, sponsored by Senator Al Franken (D-MN). The bill requires
users' affirmative consent for the collection and disclosure
location information, a provision offering important protection for
cell phone users and users of location-based services. In
recommended similar protections for location data in a statement before
the US House Judiciary Committee, and earlier
in 2012 filed comments
with the Federal Communications Commission advocating location privacy
safeguards under the Communications
US Senate: Location Privacy Act of 2011
Senator Al Franken
EPIC: Statement before US House on Locational Privacy (June 24, 2010)
EPIC: Comments to FCC on Locational Privacy (July 13, 2012)
EPIC: Locational Privacy
EPIC: Electronic Communications Privacy Act
Federal Agency Proposes 'Black Box' Mandate for Cars
The National Highway Traffic Safety Administration (NHTSA) has
a Request for Public Comment on a proposed rule that would
mandate that all automobiles manufactured for sale in the US after
1, 2014, must include Event Data Recorders (EDRs), otherwise
known as "black boxes." The 30 seconds of event data required by NHTSA
has been outlined in agency specifications for many years, but language
in the proposed rule does not cover EDR data collection
manufacturers, repair shops, or law enforcement. Companies and law
enforcement also will not be limited to collecting
30 seconds of data,
or have restrictions on the types of data collected. The proposed
rulemaking also allows the NHTSA future expansion
of data recording
length and types of data collected. Public comments may be submitted at
Federal Register: Notice of NHTSA Rulemaking (Dec. 13, 2012)
NHTSA: Press Release on Proposed Ruling (Dec. 7, 2012)
EPIC: Automobile Event Data Recorders (Black Boxes) and Privacy
EPIC: Locational Privacy
EPIC: Electronic Communications Privacy Act (ECPA)
National Academy of Sciences to Assess Airport Body Scanners
After years of pressure on the TSA from political leaders, health
advocates, and civil liberties groups - including EPIC - the National
Academy of Sciences will undertake an independent review
of the health
risks posed by backscatter x-ray devices. A National Academy committee
will assess "whether exposures comply with
applicable health and safety
standards" for passengers and airport employees. The study is limited
to radiation and safety testing,
and will not examine the privacy
implications or effectiveness of the x-ray machines. In 2012, both the
US House and Senate introduced
legislation calling for an independent
assessment of backscatter machines. Europe has also effectively banned
the use of backscatter
x-ray devices in EU airports. EPIC has filed a
FOIA lawsuit against DHS over body scanner radiation risks. In response
EPIC lawsuit, DHS will begin a public comment process on the
airport-screening program in March 2013.
DHS: Contract to NAS for
Backscatter Machine Review (Dec. 13, 2012)
US House: Bill to Examine X-Ray Scanner Health Risks (Feb. 16, 2012)
US Senate: Bill to Examine X-Ray Scanner Health Risks (Feb. 16, 2012)
EPIC: EPIC v. DHS (Body Scanner Radiation Risks)
EPIC: EPIC v. DHS (Suspension of Body Scanner Program)
EPIC: Whole Body Imaging Technology and Body Scanners
EPIC: EPIC v. Department of Homeland Security (Body Scanners)
EPIC: Air Travel Privacy
Appeals Court Upholds Non-Harmful Phone Spoofing
The US Fifth Circuit Court of Appeals has ruled that a Mississippi
prohibiting all Caller ID spoofing is preempted by the
federal Truth in Caller ID Act of 2009. Under the Act it is only
to transmit misleading caller information with the intent to
defraud or cause harm. EPIC urged the US Senate in 2007 and the House
of Representatives twice in 2006 to establish this intent requirement
to protect the use of Privacy Enhancing Technologies, which
disclosure of actual identity. The appeals court's ruling upholds this
important privacy protection.
Court: Ruling on Caller ID Spoofing (Dec. 10, 2012)
Truth in Caller ID Act of 2009
EPIC: Senate Testimony on Truth in Caller ID Act (June 2007)
EPIC: House Testimony on Truth in Caller ID Act (May 2006)
EPIC: House Testimony on Truth in Caller ID Act (Jan. 2006)
EPIC: Comments to FCC on TCIA Rules
EPIC: Illegal Sale of Phone Records
 EPIC in the News
Dec. 18, 2012.
"What Instagram's New Terms of Service Mean for You." The New York
Times, Dec. 17, 2012.
"New Facebook Privacy Settings Change The Way You're Found By People
And On Search." International Business Times, Dec. 13, 2012.
"School District Drops Palm Scanners after Outcry." CBN News, Dec. 13,
"U.S. Terrorism Agency to Tap a Vast Database of Citizens." The Wall
Street Journal, Dec. 12, 2012.
"Facebook privacy controls changed, social network adds and subtracts
features." San Jose Mercury News, Dec. 12, 2012.
"Facebook rolling out new privacy tools." Politico, Dec. 12, 2012.
"Facebook retreats on privacy controls." Financial Times, Dec. 12,
"Internet Freedom Advocates in Tow." Letter to the Editor,
International Herald Tribune, Dec. 9, 2012.
"Black boxes in cars raise privacy concerns." AP, Dec. 7, 2012.
For More EPIC in the News:
 EPIC's Holiday Gift Guide for the Privacy Enthusiast
Spray this high gloss on your license plates, and your identity "is
invisible to traffic cameras yet completely legible to the naked
At $29.99, it's a lot cheaper than either a speeding ticket.
GSA HSM 390.3 HS L6 NSA/CSS 02-01 Office Shredder with Auto
The "NSA" in the product name is, in fact, the NSA, which approves this
$3150 machine. Level 6 on the Shredder Security scale, which
good enough to eviscerate sTop Secret documents.
Sakar Room Privacy Gear by Spy Chix
Door alarm, motion detector, and closet light, all done up in pink
sparkles. Teach your children well.
Oakley Men's Encryption
The name's origins are unclear, but how cool is it to say, "I'm wearing
my Encryption flip-flops today"?
SpoofCard Caller ID Spoofing
- 60 Minutes
Because sometimes 60 minutes of caller ID fakery, voice disguising, and
surreptitious call recording is all you need. Packaged like
timey phone calling card.
Vintage Reprint: "Historic Photo Over-the-Horizon Backscatter Radar
Network Mountain Home Air
An oddly nostalgic panorama. What backscatter machines looked like
before the TSA shrunk all that radiation into a box the size
Patriot Act Citizens Suspects ID Holder
An agitated, quill-wielding Uncle Sam sez: "The Patriot Act: Turning
Citizens into Suspects Since 2001". Stainless steel body "protects
credit cards from RFID theft and demagnetization." Made in USA.
LA100 Fully Automatic UAV - Fully Autonomous UAV Drone
Spy like the big boys for under $1000. No piloting experience required:
"Launch it. Wait 5 minutes. Enjoy your images."
The Complete First Season (2011)
Angsty-spook TV drama "Homeland" has developed a cult following amongst
privacy advocates, who feel oddly sympathetic towards the
people on the
other side of the FOIA lawsuits.
Because your pet doesn't have any privacy. And you might not either,
once you discover your cat's collar has been photographing
Customized Faraday Cage/Build to Room-Size
Now the bad folks at Google will never find you. Ever.
"Litigation Under the
Federal Open Government Laws 2010," edited by
Harry A. Hammitt, Marc Rotenberg, John A. Verdi, Ginger McCall, and Mark
S. Zaid (EPIC
2010). Price: $75
Litigation Under the Federal Open Government Laws is the most
comprehensive, authoritative discussion of the federal open access
This updated version includes new material regarding President Obama's
2009 memo on Open Government, Attorney General Holder's
March 2009 memo
on FOIA Guidance, and the new executive order on declassification. The
standard reference work includes in-depth
analysis of litigation under:
the Freedom of Information Act, the Privacy Act, the Federal Advisory
Committee Act, and the Government in the Sunshine Act. The fully updated
2010 volume is the
25th edition of the manual that lawyers, journalists
and researchers have relied on for more than 25 years.
"Information Privacy Law: Cases and Materials, Second Edition" Daniel
J. Solove, Marc Rotenberg, and Paul Schwartz. (Aspen 2005).
This clear, comprehensive introduction to the field of information
privacy law allows instructors to enliven their teaching of fundamental
concepts by addressing both enduring and emerging controversies. The
Second Edition addresses numerous rapidly developing areas of
law, including: identity theft, government data mining and electronic
surveillance law, the Foreign Intelligence Surveillance
intelligence sharing, RFID tags, GPS, spyware, web bugs, and more.
Information Privacy Law, Second Edition, builds a cohesive
for an exciting course in this rapidly evolving area of law.
"Privacy & Human Rights
2006: An International Survey of Privacy Laws
and Developments" (EPIC 2007). Price: $75.
This annual report by EPIC and Privacy International provides an
overview of key privacy topics and reviews the state of privacy
75 countries around the world. The report outlines legal protections,
new challenges, and important issues and events relating
Privacy & Human Rights 2006 is the most comprehensive report on privacy
and data protection ever published.
"The Public Voice WSIS Sourcebook: Perspectives on the World Summit on
the Information Society" (EPIC 2004). Price: $40.
This resource promotes a dialogue on the issues, the outcomes, and the
process of the World Summit on the Information Society (WSIS).
reference guide provides the official UN documents, regional and
issue-oriented perspectives, and recommendations and proposals
future action, as well as a useful list of resources and contacts for
individuals and organizations that wish to become more
involved in the
"The Privacy Law Sourcebook 2004: United States Law, International
and Recent Developments," Marc Rotenberg, editor (EPIC 2005). Price:
The Privacy Law Sourcebook, which has been called the "Physician's Desk
Reference" of the privacy world, is the leading resource
attorneys, researchers, and journalists interested in pursuing privacy
law in the United States and around the world.
It includes the full
texts of major privacy laws and directives such as the Fair Credit
Reporting Act, the Privacy Act, and the OECD
Privacy Guidelines, as
well as an up-to-date section on recent developments. New materials
include the APEC Privacy Framework, the
Video Voyeurism Prevention Act,
and the CAN-SPAM Act.
"Filters and Freedom 2.0: Free Speech Perspectives
on Internet Content
Controls" (EPIC 2001). Price: $20.
A collection of essays, studies, and critiques of Internet content
filtering. These papers are instrumental in explaining why filtering
threatens free expression.
EPIC publications and other books on privacy, open government, free
expression, and constitutional values can be ordered at:
EPIC also publishes EPIC FOIA Notes, which provides brief summaries of
interesting documents obtained
from government agencies under the
Freedom of Information Act.
Subscribe to EPIC FOIA Notes at:
 Upcoming Conferences and Events
"Computers, Privacy and Data Protection: Reloading Data Protection."
23-25 January 2013, Brussels. For More information:
22nd Annual Computers, Freedom, & Privacy Conference. 5-6 March 2013,
Washington, DC. For More Information: Contact Chris Calabrese
"Online Privacy: Consenting to your Future." 21-22 March 2013,
Portomaso, Malta. For More Information:
Join EPIC on Facebook and Twitter
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The Electronic Privacy Information Center is
a public interest research
center in Washington, DC. It was established in 1994 to focus public
attention on emerging privacy issues
such as the Clipper Chip, the
Digital Telephony proposal, national ID cards, medical record privacy,
and the collection and sale
of personal information. EPIC publishes the
EPIC Alert, pursues Freedom of Information Act litigation, and conducts
policy research. For more information, see http://www.epic.org or write
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