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E P I C A l e r t
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Volume 10.05 March 10, 2003
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Published by the
Electronic Privacy Information Center (EPIC)
Washington, D.C.
http://www.epic.org/alert/EPIC_Alert_10.05.html
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Table of Contents
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[1] EPIC Obtains Total Information Awareness Contractor Documents
[2] Appeals Court Strikes Down Internet Censorship Law (Again)
[3] Supreme Court Upholds Megan's Laws, Passes on FOIA Case
[4] Disclosure of Air Travel Passenger Data Violates EU Privacy Laws
[5] EPIC Comments on Biometrics Specification, Air Travel Database
[6] National Intelligence Systems Used for Diplomatic Surveillance
[7] EPIC Bookstore: Federal Access to Info. and Privacy Legislation
[8] Upcoming Conferences and Events
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[1] EPIC Obtains Total Information Awareness Contractor Documents
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[2] Appeals Court Strikes Down Internet Censorship Law (Again)
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The U.S. Court of Appeals for the Third Circuit has, for the second
time, ruled that the Child Online Protection Act (COPA) is
unconstitutional. In a decision issued on March 6, the court found
that the law violates the First Amendment because it improperly
restricts access to a substantial amount of online speech that is
lawful for adults to receive. The decision follows a Supreme Court
decision issued in May 2002 that sent the case back to the appeals
court, which had previously ruled that COPA was unconstitutional.
COPA, signed into law in October 1998, makes it a federal crime to use
the Internet to communicate "for commercial purposes" material
considered "harmful to minors," with penalties of up to $150,000 for
each day of violation and up to six months in prison. Civil liberties
groups, including the American Civil Liberties Union and EPIC,
challenged the law shortly after its passage, arguing that COPA
violates the First Amendment. In February 1999, the federal district
court in Philadelphia issued an injunction preventing the government
from enforcing COPA. The Third Circuit Court of Appeals affirmed in
June 2000, but the Supreme Court questioned the validity of the only
conclusion reached by the appellate court -- that COPA's reliance on
"community standards" renders the law unconstitutional.
Compliance with COPA would require Web sites to obtain identification
and age verification from visitors, a feature of the law that EPIC has
argued threatens online privacy and anonymity. In its new decision,
the appeals court specifically addressed this issue:
We agree . . . that COPA will likely deter many adults
from accessing restricted content, because many Web users
are simply unwilling to provide identification information
in order to gain access to content, especially where the
information they wish to access is sensitive or
controversial. People may fear to transmit their personal
information, and may also fear that their personal,
identifying information will be collected and stored in
the records of various Web sites or providers of adult
identification numbers.
The Supreme Court has disapproved of content-based
restrictions that require recipients to identify themselves
affirmatively before being granted access to disfavored
speech, because such restrictions can have an impermissible
chilling effect on those would-be recipients.
It is likely that the Justice Department will again seek Supreme Court
review of the case.
The Third Circuit decision is available at:
http://www.ca3.uscourts.gov/recentop/week/991324.pdf
EPIC's COPA Litigation Page:
http://www.epic.org/free_speech/copa/
<snip>
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[8] Upcoming Conferences and Events
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** Uniting Privacy and the First Amendment in the 21st Century **
May 9-10, 2003
Oakland, CA
EPIC, the First Amendment Project, and the California Office of
Privacy Protection are sponsoring this activist symposium designed to
explore the interplay between privacy and First Amendment rights, with
the goal of developing strategies for optimizing both.
If you are interested in making a presentation or leading a Working
Group, please submit a letter outlining your proposed presentation and
including a brief explanation of the issue to be addressed, a list of
possible presenters, and the desired outcome of the session to:
<dgreene@thefirstamendment.org>
For more information: http://www.epic.org/events/unitingsymposium/
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Identity Theft: Current Enforcement and Prevention Efforts. New York
City Bar Association, Committee on Consumer Affairs. March 12, 2003.
New York, NY. For more information: <jgreenbaum@fkkslaw.com>
P&AB's Privacy Practitioners' Workshop and Ninth Annual National
Conference. Privacy & American Business. March 12-14, 2003.
Washington, DC. For more information:
http://www.pandab.org/postcard.pdf
Big Brother Technologies. A Choices and Challenges Forum. Center for
Interdisciplinary Studies, Virginia Polytechnic Institute and State
University. March 27, 2003. Blacksburg, VA. For more information:
http://www.cddc.vt.edu/choices/2003/
Symposium on Security, Technology, and Individual Rights: the
convergence of our history, our ideals, and our innovative spirit.
Georgetown Journal of Law and Public Policy. March 27-28, 2003.
Washington, DC. For more information: <gjlpp@law.georgetown.edu>
CFP2003: 13th Annual Conference on Computers, Freedom, and Privacy.
Association for Computing Machinery (ACM). April 1-4, 2003. New York,
NY. For more information: http://www.cfp2003.org/
28th Annual AAAS Colloquium on Science and Technology Policy. American
Association for the Advancement of Science. April 10-11, 2003.
Washington, DC. For more information:
http://www.aaas.org/spp/rd/colloqu.htm
Integrating Government With New Technologies '03: E-Government, Change
and Information Democracy. Riley Information Services. April 11, 2003.
Ottawa, Canada. For more information: http://www.rileyis.com/seminars/
RSA Conference 2003. RSA Security. April 13-17, 2003. San Francisco,
CA. For more information: http://www.rsaconference.com/
**POSTPONED UNTIL MID-JUNE.** Building the Information Commonwealth:
Information Technologies and Prospects for Development of Civil
Society Institutions in the Countries of the Commonwealth of
Independent States. Interparliamentary Assembly of the Member States
of the Commonwealth of Independent States (IPA). April 22-24, 2003.
St. Petersburg, Russia. For more information:
http://www.communities.org.ru/conference/
O'Reilly Emerging Technology Conference. April 22-25, 2003. Santa
Clara, CA. For more information: http://conferences.oreilly.com/etcon/
Mid Canada Information Security Conference. Information Protection
Association of Manitoba. April 30, 2003. Winnipeg, Manitoba, Canada.
For more information: http://www.ipam.mb.ca/mcisc/
Little Sister 2003: Community Resistance, Security, Law and
Technology. May 9-11, 2003. Vancouver, British Columbia, Canada. For
more information: http://www.littlesister2003.org/
Technologies for Protecting Personal Information. Federal Trade
Commission. Workshop 1: The Consumer Experience. May 14, 2003.
Workshop 2: The Business Experience. June 4, 2003. Washington, DC. For
more information: http://www.ftc.gov/techworkshop/
O'Reilly Open Source Convention. July 7-11, 2003. Portland, OR. For
more information: http://conferences.oreilly.com/oscon/
Privacy2003. Technology Policy Group. September 30 - October 2, 2003.
Columbus, OH. For more information:
http://www.privacy2000.org/privacy2003/
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