Category: Privacy

EPIC Amicus Filing White Castle

EPIC Tells Court Not to Weaken Enforcement of Illinois Biometric Privacy Law

EPIC has filed an amicus brief in Cothron v. White Castle, a case about when violations of Illinois’s Biometric Information Privacy Act (“BIPA”) can be vindicated in court. Cothron alleges that White Castle collected and disclosed her fingerprints for a decade in violation of BIPA. White Castle is trying to scuttle the case, claiming that an individual is only able to sue the first time a company violates their BIPA rights because it is only then that an individual “loses control” of their biometric data and suffers a legal injury. White Castle argues that, even if the company continued to violate BIPA to this day, they shouldn’t be held liable because the first violation was long enough ago that it falls outside the statute of limitations. But the Illinois Supreme Court held in Rosenbach v. Six Flags that every violation of BIPA confers the right to sue. The district court accordingly rejected White Castle’s argument, but certified the question to a federal appeals court. EPIC filed an amicus brief in the appeals court and argued that White Castle’s proposed rule would effectively “overrule the Illinois Supreme Court on a question of state law” by attempting “to import arguments about Article III standing into the BIPA statutory injury analysis.” EPIC also argued that White Castle is “mistaken about the underlying purpose of BIPA” and that White Castle’s rule “would in fact undermine BIPA’s purposes” because it “would remove the key incentive for companies who previously violated BIPA to come into compliance, adopt responsible biometric data practices, and seek informed consent.” EPIC has filed amicus briefs in other BIPA cases, including Rosenbach v. Six Flags and Patel v. Facebook, and regularly participates as amicus in cases concerning the right to sue for privacy violations.

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ABSTRACT: Isaiah Berlin made the distinction between negative liberty and positive liberty. Since then, prominent contemporary philosophers including Charles Taylor and Martha Nussbaum have declared negative liberty insufficient or incoherent. This is a critique of those declarations, which have been unduly accepted to a large extent. The critique primarily focuses on Taylor, who made the most direct and complete argument against negative liberty. His argument is shown to be ineffective. And further, his conception of positive liberty is shown to be incoherent.

Keywords: negative liberty, positive liberty, isaiah berlin, martha nussbaum, charles taylor

Stuart Doyle ([email protected]) is in the US Marine Corps and holds a M.S. degree in criminology from the University of Pennsylvania.

Many conceptions of freedom have been formulated over the centuries. As Isaiah Berlin (1969, 4) pointed out, there are two basic contrasting categories into which most of these conceptions may be seen to fit: theories of negative liberty and theories of positive liberty. Negative theories define freedom exclusively in terms of the independence of the individual from interference by others. Lockean theories are prominent examples. In contrast, the positive theories contend that freedom resides at least in part in collective control over common life toward some positive goal. Theories descending from Rousseau exemplify this category.

In the decades since negative and positive liberty were clearly delineated, the most lauded contemporary philosophers, such as Charles Taylor and Martha Nussbaum, have categorically denounced all concepts of negative liberty. In an essay titled, “What’s Wrong with Negative Liberty,” Taylor argues that a negative definition of freedom cannot be adequate and that we should understand freedom as a positive ability to fulfil our purposes. Nussbaum has not dedicated an entire writing to the topic per se, but in her book Creating Capabilities she declares the idea of negative liberty to be “incoherent” (Nussbaum 2011, 65). Though she does not form an argument in support of this claim, I bring it up only to emphasize a blind spot needing attention. Denouncing negative liberty seems to have become so fashionable that when it is done in a work of philosophy apparently no substantiating argument is needed. This is a strange state of affairs considering that the best arguments which have been made against negative liberty are severely defective. I see Taylor’s essay as the most prominent example. So, my goal here is to show that Taylor’s conception of freedom is incoherent. After we briefly observe the conspicuous absence of Nussbaum’s argument, I will address Taylor’s argument, which seems to have made philosophers comfortable in dismissing negative liberty out of hand.

Nussbaum writes:

Fundamental rights are only words unless and until they are made real by government action. The very idea of “negative liberty,” often heard in this connection, is an incoherent idea: all liberties are positive, meaning liberties to do or to be something; and all require the inhibition of interference by others. This is a point that must be emphasized particularly in the United States, where people sometimes imagine that government…

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ABSTRACT: There have been many calls for reforming the gold standard since the end of the classical gold standard and especially since the end of Bretton Woods. While these calls have somewhat abated in recent years, this article will attempt to show that the gold standard is still a superior monetary system, and that the reform of the monetary system is still a desirable policy.

Key Words: gold standard, monetary policy, austrian economics, populism

Kristoffer Mousten Hansen ([email protected]) is a research assistant at the Institute for Economic Policy at Leipzig University and a PhD candidate at the University of Angers. He is also a Mises Institute research fellow.

The author thanks Dr. Joseph Salerno for comments as well as an anonymous referee.

We will proceed by first analyzing the shortcomings of the present fiat-money order, indicating how it distorts the market and society through inflation, redistribution, by artificially increasing the importance of financial markets, and by hampering US industrial production in international trade. Then we will show that these problems would cease to exist under the gold standard, and we will indicate a possible reform for returning to gold in the US. Finally, we will argue that such a reform in order to be successful must become a popular crusade—i.e., it must become a populist issue.

INTRODUCTION

Politics have become increasingly populist throughout the Western world since the Great Recession. Both left-wing and right-wing parties thunder against political and other elites, suggesting that their specific programs and ideologies will put an end to what they see as unfair exploitation of the people by an unaccountable and increasingly out-of-touch elite. In the United States recent populist movements are the Tea Party movement and Occupy Wall Street, and both Donald Trump and Bernie Sanders used populist rhetoric in their presidential campaigns.

The rise of populism is, in hindsight, perfectly understandable. The war in Iraq would be a “cakewalk”; “if you like your health insurance, you can keep it”; my opponent’s voters are a “basket of deplorables”—mainstream politicians have again and again shown themselves to be out of touch with reality and increasingly, it seems, also with more and more of their voters. Most important for our purposes, the Federal Reserve, charged with managing the money supply and securing low inflation and low unemployment, was oblivious to all dangers on the eve of the Great Recession, and seemed to do what it could to help big banks and investors weather the storm, no matter what the price would be for the rest of the country.

Indeed, the Federal Reserve has proven unable to achieve the goals set for it since its establishment and especially since the final end of the gold standard and the introduction of the fiat dollar in 1971, when its control over the money supply was vastly expanded. The Fed did manage to break the inflationary expectations that had led to double-digit inflation in the 1970s, but this slight improvement has not canceled out the many evil effects of fiat…

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Facebook WhatsApp

Facebook Backs Down from Forced WhatsApp Privacy Changes

WhatsApp previously threatened sanctions against users who would not accept the company’s new terms of use with weaker privacy protections, but backed down late Friday after a coalition of groups from around the world protested. Burcu Kilic, digital rights program director for Public Citizen, released the following statement in response: “Thank you for stopping what you never should have started. Now please also undo what you coerced millions of people into accepting.” In 2014, EPIC and the Center for Digital Democracy warned the FTC that Facebook routinelyincorporates user data from companies it acquires and that WhatsApp users objected to the acquisition. The FTC approved the merger but told EPIC and CDD that “if the acquisition is completed and WhatsApp fails to honor these promises, both companies could be in violation of Section 5 of the FTC Act and potentially the FTC’s order against Facebook.”

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facial recognition surveillance

EPIC, Coalition Call for Ban on Law Enforcement Use of Facial Recognition

In a statement of concerns, EPIC and a coalition of more than 40 privacy, civil liberties, immigrants rights, and good government groups stated that “the most comprehensive approach to addressing the harms of face recognition would be to entirely cease its use by law enforcement.” The statement lists six concerns with police use of the technology that can only be addressed by halting its use. The coalition calls for a moratorium or ban on use of facial recognition and urges Congress to not preempt state or local bans in any federal legislation addressing facial recognition. EPIC recently organized a coalition letter that led to the shutdown of a DC-area facial recognition system previously used on Black Lives Matter protesters. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.

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EPIC Amicus Filing Van Buren

Supreme Court Rules Officer’s Improper Access to License Plate Record Does Not Violate Computer Crimes Law

In today’s decision in Van Buren v. United States, the Supreme Court determined that a police officer who improperly accessed a license plate record could not be held liable under a federal computer crimes law, the Computer Fraud and Abuse Act. EPIC highlighted the serious privacy concerns with government employees’ improper access to sensitive personal information in government databases in the amicus brief we filed in this case, and several justices echoes these concerns during oral argument. The outcome of this case highlights the urgent need for comprehensive privacy legislation. We need enforceable rules to prevent improper access to and misuse of personal information contained in both government and private databases.

The Court also did not resolve what it means for someone to have “authorization” to access a computer or to be “entitled” to access information in the computer. The Court endorsed a general “gates-up-or-down approach”—meaning an individual either has authorization to access the computer or specific information within the computer or it does not—but explicitly left open the question whether the prohibitions on access must be technical or whether they can be contract-based. The range of criminalized activities may, in some respects, still be much broader than even the Government was advocating. Certain website terms of service that prohibit specific individuals or groups from accessing the website may still be enforceable even if the individuals have no knowledge of the restrictions and the website owners do nothing else to limit access. An 18 year-old who accesses a website restricted to those over the age of 21 may violate the CFAA, but a police officer who knowingly accesses personal information to stalk and harass the individual does not.

The Court also did not clearly answer more complicated access questions about web scraping, and the Court should grant the pending petition in LinkedIn v. hiQ Labs to resolve these questions. Web scraping involves accessing a computer using a technical method that is often prohibited by a website’s terms of service and also blocked using technical barriers. EPIC filed an amicus brief in support of the petition.

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student privacy

EPIC Student Privacy Project Featured in Kennedy School Casebook

EPIC’s Student Privacy Project has been selected for inclusion in the spring 2021 Tech Spotlight Casebook, a publication of the Harvard Kennedy School’s Belfer Center for Science and International Affairs. The casebook “recognizes projects and initiatives that demonstrate a commitment to public purpose in the areas of digital, biotech, and future of work.” The book highlights EPIC’s recent efforts to halt the use of unfair, unreliable, and invasive remote proctoring tools and the D.C. consumer protection complaint EPIC filed against online proctoring firms. “Through meticulous research, the Student Privacy Project revealed the extent to which these companies collect and process student personal and biometric data,” the casebook explains. “The complaint attempts to hold the five companies accountable for their practices by demonstrating how the data collection and processing practices may violate existing law.” The casebook also recognizes recent work around census privacy protections, community control over police surveillance, racially biased speech recognition tools, and the use of “garbage” facial recognition to identify criminal suspects. A ceremony will be held Thursday, May 20 at 1 p.m. ET.

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European Court of Human Rights NSA PRISM

Top Human Rights Court Rules UK Mass Surveillance Program Violated Privacy Rights

This week, the grand chamber of the European Court of Human Rights issued a final judgement in Big Brother Watch v. UK confirming that the UK’s intelligence agency violated the right to privacy by systematically intercepting online communications without first applying necessary safeguards. The agency’s mass surveillance program was “not in accordance with [EU] law,” which only allows governments to retain data in an effort to combat “serious crime” and requires a court or administrative body to sign off on data collection. The UK law at issue was not limited to serious crime, nor did it require independent authorization; these “fundamental deficiencies” impermissibly increased the “risk of the bulk interception power being abused.” Nevertheless, the grand chamber found that the agency’s decision to operate a bulk interception program did not itself violate human rights, and the agency’s sharing of sensitive digital intelligence with foreign counterparts–including with the NSA–was legal. Several chamber judges believed this ruling did not go far enough to condemn the sharing of wrongfully collected communications with other countries, noting the chamber “missed an excellent opportunity to fully uphold the importance of private life … when faced with interference in the form of mass surveillance.” EPIC has a strong interest in protecting the human right to privacy and has continuously opposed suspicionless mass collection of personal communications by domestic and foreign governments. EPIC participated in this case as a third-party intervenor and filed a brief describing U.S. intelligence authorities that allow the NSA to access the private communications of non-U.S. persons in violation of their rights. EPIC was also chosen by the Irish High Court to make amicus submissions in a case involving the international transfer of data from European servers to the U.S. in violation of E.U. law.

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FOIA privacy impact assessment surveillance

EPIC Seeks Privacy Impact Assessment for Postal Service Covert Surveillance Program

EPIC, through a Freedom of Information Act request and letter to the USPS Privacy Office, is seeking the required Privacy Impact Assessment for the Internet Covert Operations Program (iCOP) operated by the U.S. Postal Inspection Service. First revealed by Yahoo News in April, the iCOP uses Clearview AI’s facial recognition system and a suite of social media monitoring tools to surveil individuals online, including protesters. EPIC also urged the USPS Privacy Office to fully comply with the E-Government Act of 2002 by proactively publishing privacy impact assessments online. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.

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Listen to the Audio Mises Wire version of this article.

As the decentralized revolution gains momentum and cryptocurrency adoption reaches new heights, concerns pertaining to the quality of money are too often ignored. According to a Crypto.com report, the number of bitcoin owners surpassed 71 million in January 2021, but how many of them are aware that bitcoin is not anonymous but rather pseudonymous, or recognize the pitfalls of embracing a currency lacking fungibility? While bitcoin’s provable scarcity signifies a return to the tenets of sound money, its creator’s peer-to-peer vision ultimately falls short without fungibility, because counterparty risk is created. Bitcoin’s fungibility issues come from the history that is attached to the coins. The insertion of trust into transactions by scrutinizing coin history has the potential to splinter the bitcoin network, in the process increasing fees as a result of regulatory compliance costs. More alarmingly, a transparent blockchain inevitably transforms into a surveillance chain on which reputation travels. In order to prevent censorship and protect our natural rights to privacy, a fungible currency is not a luxury, but a requirement.

Money facilitates business on the market by serving as a medium of exchange, store of value, and a unit of account. The Federal Reserve Bank of St. Louis lists six characteristics of money: durability, portability, divisibility, limited supply, uniformity, and acceptability. The latter two of these attributes are directly impacted by a currency’s fungibility.

Fungible assets at their core are interchangeable. On the nonfungible end of the spectrum are fundamentally unique assets such as real estate and artwork. Conversely, precious metals represent physical fungible assets. Gold, for example, can be melted down and swapped without complication. As noted by Menger (1892), the adoption of gold and silver as forms of money throughout history can be partially attributed to the homogeneity of these materials. In order to satisfy Berg’s (2020) fungibility criteria, “each unit of a currency, or any commodity used in a money function, should be indistinguishable from others of the same denomination,” and “an individual unit of said currency should not be reidentifiable through time and change.”

The most widely adopted digital decentralized assets designed to serve as money are bitcoin (BTC), litecoin (LTC), and bitcoin cash (BCH). All of these cryptocurrencies, however, are nonfungible in nature. Each satoshi, the smallest BTC unit, possesses an accessible history on the network’s transparent ledger. Consequently, 1 BTC ≠ 1 BTC.

Imagine selling an automobile you posted on Craigslist to a stranger who, unbeknownst to you, earned their fortune peddling contraband on the dark web. Subsequently, you attempt to deposit the proceeds of the sale, but to your surprise, your financial institution has flagged the transaction and will not accept your “tainted” bitcoin.

According to Mises (1953), “the subjective use-value of money, which coincides with its subjective exchange value, is nothing but the anticipated use-value of the things that are to be bought with it.” Economic calculations become increasingly difficult when ambiguity pervades the medium of exchange. Fungible monies maintain their purchasing power regardless of past use, thus eliminating uncertainty…

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