EFF in the News
"These problems arose because Google attempted to overcome its market disadvantage in competing with Twitter and Facebook by making a secondary use of your information," wrote Kurt Opsahl of the EFF in a statement. "Next week Google will face a federal judge and ask for approval of the Google Books settlement. EFF has raised privacy concerns, including the possibility that Google might make secondary uses of the Books information. Buzz's disastrous product launch highlights the danger posed by this possibility, and showcases the need for firm enforceable commitments to protecting user privacy."
"The underlying issue is that your email and chat contacts are not necessarily people you want to advertise as friends via a public social network," wrote Kurt Opsahl, a staff attorney for the Electronic Frontier Foundation, on Friday.
Kevin Bankston, an attorney for Electronic Frontier Foundation, a San Francisco-based nonprofit, cautioned the appeals panel about the effect of its ruling on future cases.
“I’m concerned the government would obtain information that people would expect should have a reasonable amount of privacy,” Bankston said.
The appeal heard Friday stems from a Pittsburgh drug-trafficking case, in which the Bureau of Alcohol, Tobacco, Firearms and Explosives sought the data as an investigative tool because the suspects frequently changed vehicles and residences.
Magistrate Lisa Pupo Lenihan denied the 2008 request, calling the information "extraordinarily personal and potentially sensitive."
The Electronic Frontier Foundation and the American Civil Liberties Union asked that Lenihan's ruling stand.
But Kevin Bankston, an EFF attorney, called on Philadelphia's 3rd Circuit Court of Appeals to uphold the 2008 ruling.
"If the courts do side with the government, that means that everywhere we go, in the real world and online, will be an open book to the government unprotected by the Fourth Amendment," he warned in an interview with CNET.com.
Danny O'Brien, an international outreach coordinator for the Electronic Frontier Foundation, said that after Google said its popular Web email service had been attacked by Chinese hackers, the company began encrypting, or protecting, all of its email messages and chats. This makes monitoring more difficult.
Many people have no idea how much data their cellphones collect about them. Phones, for example, report back to the carriers on where the users are at any given time — in some cases even when the phone is not in use. When you carry a cellphone, you are “essentially carrying a tracking device,” says Jennifer Granick, the civil liberties director of the Electronic Frontier Foundation.
The Electronic Frontier Foundation, along with several other groups including the American Library Association, urged an appeals court to uphold a ruling in a long-running suit related to secondhand software sales.
"This is a critical question for privacy in the 21st century," says Kevin Bankston, an attorney at the Electronic Frontier Foundation who will be arguing on Friday. "If the courts do side with the government, that means that everywhere we go, in the real world and online, will be an open book to the government unprotected by the Fourth Amendment."
If you own a cell phone, you should care about the outcome of a case scheduled to be argued in federal appeals court in Philadelphia tomorrow. It could well decide whether the government can use your cell phone to track you - even if it hasn't shown probable cause to believe it will turn up evidence of a crime.
The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology will ask the court to require that the government at least show probable cause before it can track your whereabouts.