Victory! Individuals Can Force Government to Purge Records of Their First Amendment Activity

Victory! Individuals Can Force Government to Purge Records of Their First Amendment Activity By Aaron Mackey The FBI must delete its memo documenting a journalist’s First Amendment activities, a federal appellate court ruled this week in a decision that vindicates the right to be free from government surveillance. In Garris v. FBI, the United States Court of Appeals for the Ninth Circuit ordered the FBI to expunge a 2004 memo it created that documented the political expression of news website www.antiwar.com and two journalists who founded and ran it. The…

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If Regulators Won’t Stop The Sale of Cell Phone Users’ Location Data, Consumers Must

If Regulators Won’t Stop The Sale of Cell Phone Users’ Location Data, Consumers Must By Aaron Mackey A Motherboard investigation revealed in January how any cellphone users’ real-time location could be obtained for $300. The pervasiveness of the practice, coupled with the extreme invasion of people’s privacy, is alarming. The reporting showed there is a vibrant market for location data generated by everyone’s cell phones—information that can be incredibly detailed and provide a window into people’s most sensitive and private activities. The investigation also laid bare that cell phone carriers…

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Judge Dodges Legality of NSA Mass Spying, Citing Secrecy Claims

Judge Dodges Legality of NSA Mass Spying, Citing Secrecy Claims By Aaron Mackey EFF’s case challenging NSA spying, Jewel v. NSA, has come further than any case trying to end the government’s mass surveillance programs. Our clients have survived multiple efforts by the government to end the case, and they continue to push for their day in court. As a result, we’re no stranger to overcoming legal obstacles thrown our way. The latest obstacle came Thursday, when the court hearing our long-running case challenging NSA spying ruled that the lawsuit…

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The Foilies: Recognizing The Worst in Government Transparency From 2018

The Foilies: Recognizing The Worst in Government Transparency From 2018 By Dave Maass, Hayley Tsukayama, Camille Fischer, and Aaron Mackey The cause of government transparency finally broke through to the popular zeitgeist this year. It wasn’t an investigative journalism exposé or a civil rights lawsuit that did it, but a light-hearted sitcom about a Taiwanese American family set in Orlando, Florida, in the late 1990s. In a January episode of ABC’s Fresh Off the Boat, the Huang family’s two youngest children—overachievers Evan and Emery—decide if they sprint on all their…

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Victory: Federal Court in Seattle Will Begin Disclosing Surveillance Records

Victory: Federal Court in Seattle Will Begin Disclosing Surveillance Records By Aaron Mackey The public will learn how often federal investigators in Seattle obtain private details about your communications, such as who you called and when, as a result of a petition to unseal those records brought by EFF client The Stranger. Federal prosecutors and the U.S. District Court for the Western District of Washington clerk’s office have agreed to begin tracking and docketing various forms of warrantless surveillance requests and next year will issue reports every six months detailing…

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