EFFector 37.4
Congress Moves Closer to Risky Internet Takedown Law
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In our 821st issue:
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Protect Online Privacy and Free Speech. Become an EFF member today!
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Top Features
The TAKE IT DOWN Act, a House bill that seeks to speed up the removal of certain kinds of troubling online content, is now expected to receive a floor vote in the coming weeks before heading to President Trump’s desk for his signature. While the bill is meant to address a serious problem—the distribution of non-consensual intimate imagery (NCII)—the notice-and-takedown system it creates is an open invitation for powerful people to pressure websites into removing content they dislike. Trump himself has shown just how this system can be abused, saying earlier this year that he would personally use
the takedown provisions to censor speech critical of the president. Tell your Member of Congress to oppose censorship and to oppose TAKE IT DOWN.
EFF's lawsuit seeking to stop the U.S. Office of Personnel Management (OPM) from disclosing tens of millions of Americans’ private, sensitive information to Elon Musk’s “Department of Government Efficiency” (DOGE) can continue, a federal judge ruled earlier this month. Judge Denise L. Cote of the U.S. District Court for the Southern District of New York partially rejected the defendants’ motion to dismiss the lawsuit, which was filed Feb. 11 on behalf of two labor unions and individual current and former government workers across the country. This decision is a
victory: The court agreed that the claims that OPM illegally disclosed highly personal records of millions of people to DOGE agents can move forward with the goal of stopping that ongoing disclosure and requiring that any shared information be returned.
EFF Updates
More than a decade ago, Congress tried to pass SOPA and PIPA—two sweeping bills that would have allowed the government and copyright holders to quickly shut down entire websites based on allegations of piracy. The backlash was immediate and massive. Thirteen years later, members of Congress in both parties are ready to try this again. The Foreign Anti-Digital Piracy Act (FADPA), along with at least one other bill still in draft form, would revive this reckless strategy. Lawmakers claim they’re targeting “pirate” sites—but what they’re really doing is building an internet kill switch.
Last month, the genetic testing company 23andMe filed for bankruptcy, which means the genetic data the company collected on millions of users is now up for sale. With this bankruptcy, the concerns we expressed last year remain the same. It is unclear what will happen with your genetic data if 23andMe finds a buyer, and that uncertainty is a clear indication that you should consider deleting your data.
Every time you browse the web, you're being tracked. Most websites contain invisible tracking code that allows companies to collect and monetize data about your online activity. Since we first released Privacy Badger in 2014, online tracking has only gotten more invasive and Privacy Badger has evolved to keep up. Whether this is your first time using it or you’ve had it installed since day one, here’s a primer on how Privacy Badger protects you.
EFF joined 30 civil society groups and academics in warning about the law enforcement risks contained within the UK's draft Data Use and Access Bill (DUA Bill). The Home Secretary must address the lack of safeguards governing law enforcement use of automated decision-making tools before time runs out.
EFF’s “How to Fix the Internet” podcast is a nominee in the Webby Awards 29th Annual People's Voice competition – and we need your support to bring the trophy home! Submit your vote by Thursday, April 17th. And head to our site to catch up on past seasons of the podcast to become deeply informed on vital technology issues and join the movement working to build a better technological future.
Here’s an audio version of EFFector. We hope you enjoy it!
Announcements
EFF members are invited to join EFF staff in-person for our Bay Area Members' Speakeasy on April 23! This event is a free, casual gathering to give you a chance to mingle with local EFF supporters and meet the activists, lawyers, and technologists behind the world's leading digital civil liberties organization. It is also our chance to thank you, the EFF members who make this work possible.
EFF is excited to be back for BSides San Francisco April 26-27! We'll be in the expo area, where you can stop by the EFF booth to chat with our team and learn about the latest developments in fighting for privacy and security online. You can even pick up a special gift as a token of our thanks when you take advantage of our membership specials or donate!
On Thursday, June 5th, the Bay Area's best legal minds gather in support of online freedom as we celebrate our 17th Annual Cyberlaw Trivia Night! EFF’s crack team of legal experts will challenge participants to delve into their knowledge of obscure tech law minutiae–all in the pursuit of this year's coveted EFF Cyberlaw Quiz Cup. Who will bask in the glory of ultimate victory? Register your team today!
EFF is also excited to be back in New York for HOPE August 15-17! Interested in going to HOPE_16 this summer? Through the month of April, our friends at 2600 are donating 10% of HOPE ticket sales to EFF. Grab your ticket now—hack the planet while benefiting EFF!
Head over to the EFF shop to check out the latest in freedom-supporting swag, including pins, a Braille sticker, tabletop gaming dice, playing cards, and a new heat-changing mug that reveals its secret slogan when hot. Sip in style and support EFF’s work defending your privacy and digital rights, one cup at a time.
EFF thanks the organizations who support our work. Learn how your team can join the fight for digital rights at eff.org/thanks.
MiniLinks
Prospective travelers "need to have a plan about how to protect their data, and what they are going to do if they're pulled into secondary inspection and asked to unlock their device," EFF’s Sophia Cope told Reason. "You cannot be in secondary inspection like, oh crap, what am I supposed to be doing? That's the most important thing. The second most important point is that one size doesn't fit all."
EFF’s Adam Schwartz warned 404 Media about the dangers of government data collection and misuse. “For half a century or more, one of the first principles of data privacy has been if government collects data for one purpose, government should not use that data for another purpose without permission of the data subject,” he said. “One of the reasons this has been so central to data privacy is that it’s not just what the advocates want, but if you don’t follow this rule, really bad things happen. In 1942, the U.S. Census Bureau had information about the addresses of Japanese Americans,
and they gave that info to the Department of Defense, who used it for the purposes of rounding up and detaining innocent Japanese Americans.”
"To truly reduce the supply of data that foreign adversaries can obtain, we need federal privacy legislation that limits how all companies collect and share our personal data," EFF’s Babette Ngene told Context News, explaining how the TikTok ban’s privacy justifications fail.
EFF’s Dave Maass told The Intercept how AI is just the latest wasteful and invasive surveillance technology being thrust on border communities. “For more than two decades, surveillance towers at the border have proven to be a boondoggle, and adding AI isn’t going to make it any less of a boondoggle — it will just be an AI-powered boondoggle,” he said.
EFF’s Matthew Guariglia explained to The Appeal how the use of high-tech surveillance to fight retail theft exposes the insidious nature of law enforcement mission creep. “If the tools being purchased to fight terrorism are now being used to find a turnstile jumper,” he said. “Then tools being used to fight organized retail theft are gonna go the same way.”
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