Tag Archives: email privacy

What Do You Do When You Are Up for Sale?

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Under an executive order issued on February 28, 2024, specific classes of Americans’ sensitive data, including genomic, biometric, personal health, geolocation, financial and certain types of personal identifiers, will generally be barred from being sold or transferred in vast tranches to “countries of concern” or vendors known to supply data to them. The countries of concern are China, Russia, North Korea, Iran, Cuba and Venezuela, and have a record of misusing data on Americans, an official said.

In 2023, the U.S. intelligence community issued a groundbreaking report acknowledging that the vast amount of Americans’ personal data available for sale, which are often bought and repackaged by data brokers and then resold through a labyrinthine ecosystem of vendors and resellers, has provided a valuable stream of intelligence for the U.S. government and adversaries alike. The report, commissioned by Director of National Intelligence Avril Haines, admitted that such streams created significant threats to privacy, and had rapidly grown in scale such that they had begun to replicate the results of intrusive surveillance techniques, such as hacking, that are typically more targeted.

The executive order is notably silent on the purchasing of commercially available data sets by the U.S. government.

Excerpts from Dustin Volz, U.S. Limits Sales of Americans’ Personal Data to China, Other Adversaries, WSJ, Feb. 129, 2024

Chevron, 50 Activists and their Email Accounts

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The Electronic Frontier Foundation (EFF) and EarthRights International (ERI) asked judges in California and New York today to quash subpoenas issued by Chevron Corporation to three email providers demanding identifying information about the users of more than 100 email accounts, including environmental activists, journalists, and attorneys. The information Chevron wants could be used to create a detailed map of the individuals’ locations and associations over nearly a decade.

The subpoenas are the latest salvo in the long-running battle over damage caused by oil drilling in Ecuador. After years of litigation, an Ecuadorian court last year imposed a judgment of over $17 billion on Chevron for dumping toxic waste into Amazon waterways and causing massive harm to the rainforest. Instead of paying, Chevron sued more than 50 people who were involved in the Ecuador lawsuit, claiming they were part of a conspiracy to defraud the oil giant. None of the individuals represented by EFF and ERI has been sued by Chevron or accused of wrongdoing.

“Environmental advocates have the right to speak anonymously and travel without their every move and association being exposed to Chevron,” said Marcia Hofmann, EFF Senior Staff Attorney. “These sweeping subpoenas create a chilling effect among those who have spoken out against the oil giant’s activities in Ecuador.”

The motions to quash filed today asked the courts to reject the subpoenas, pointing out that anonymous speakers who are not parties in a lawsuit receive particularly strong First Amendment protections. EFF first won court recognition of this protection in Doe v. 2theMart.com in 2001. Chevron’s subpoenas also violate the legal protections for the right of association for political action that were developed during the civil rights era.

“The courts have long recognized that forcing activists to reveal their names and political associations will chill First Amendment rights and can only be done in the most extreme situations,” added Marco Simons, Legal Director of ERI, which has provided legal assistance to third parties affected by the Chevron litigation in two international proceedings. “We look forward to having those longstanding principles applied in this case so that people can engage in journalism and political activism and assist in litigation against environmental destruction without fear that their identities and personal email information will be put at risk.”

EFF and ERI are challenging the subpoenas to Google and Yahoo! in the U.S. District Court for the Northern District of California and the subpoena to Microsoft in the U.S. District Court for the Northern District of New York. .

EFF and ERI Fight to Quash Speech-Chilling Subpoenas from Chevron, Press Release of Electronic Frontier Foundation, Oct. 22, 2012