DHS Inspector General Finds That TSA is Not Properly Safeguarding Passenger Facial Recognition Data

EFF legal intern Gabrielle Ladun was the principal author of this post.  The Department of Homeland Security Office of Inspector General (DHS OIG) has published a summary of findings from its audit of the Transportation Security Administration’s (TSA) facial recognition technology. While the detailed findings are classified, the summary states that the OIG’s audit uncovered […]

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D.C. Circuit Must Vacate a Drone Flight Restriction That Criminalized Recording Immigration Agents

EFF joined an amicus brief with ACLU, ACLU of D.C., National Press Photographers Association, and Professional Photographers of America to urge the D.C. Circuit to vacate an FAA drone flight restriction that violated the First Amendment right to record law enforcement. This is an important case—Levine v. FAA—challenging the ability of the government to punish […]

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EFF Guide to Recording Law Enforcement

This post is available as a printable one page handout in English and Spanish. Recordings of law enforcement, whether by bystanders or by those directly encountering officers, can be powerful tools of government accountability and can support movements for social change. But recording officers can come with risks. Below are important legal and practical considerations […]

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Ninth Circuit Ruling Will Force Online Platforms That Host User Speech to Fight Lengthy and Costly Lawsuits Before They Are Dismissed Under Section 230

A federal appeals court just made it harder for online services, big and small, to get lawsuits over user speech dismissed early. In California v. Meta, a Ninth Circuit three-judge panel held that the lower court’s denial of Section 230 immunity to Meta is not immediately appealable. The misguided ruling has the potential to have […]

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EFF to 9th Circuit (Again): App Stores Shouldn’t Be Liable for Processing Payments for User Content

EFF filed an amicus brief for the second time in the U.S. Court of Appeals for the Ninth Circuit, arguing that allowing cases against the Apple, Google, and Facebook app stores to proceed could lead to greater censorship of users’ online speech. Our brief argues that the app stores should not lose Section 230 immunity […]

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EFF to Fourth Circuit: Electronic Device Searches at the Border Require a Warrant

EFF, along with the national ACLU, the ACLU affiliates in Maryland, North Carolina, South Carolina, and Virginia, and the National Association of Criminal Defense Lawyers (NACDL) filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit urging the court to require a warrant for border searches of electronic devices under the […]

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EFF to Third Circuit: Electronic Device Searches at the Border Require a Warrant

EFF, along with the national ACLU and the ACLU affiliates in Pennsylvania, Delaware, and New Jersey, filed an amicus brief in the U.S. Court of Appeals for the Third Circuit urging the court to require a warrant for border searches of electronic devices, an argument EFF has been making in the courts and Congress for […]

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