Tag Archives | Students

EFF Week 3: The First and Fourth Amendments — down, but hopefully not out

It was a busy week at EFF. The phones have been ringing almost non-stop with journalists, supporters, and concerned people. The news outlets wanted interviews with attorneys. The supporters wanted to commiserate. The concerned people wanted answers — how can the government do this, and what does it mean? Of course, the fact that the National Security Agency has been spying on Americans’ phone records was the big story, but that’s not the only threat to our rights to privacy and free speech that we suffered this week.

Warrantless DNA searches

On Monday, the Supreme Court ruled that police can take a DNA sample from someone who is arrested — not even convicted of a crime — without a warrant. A DNA swab is a search under the Fourth Amendment, and this is the first time the Court has allowed an exception to the need for a warrant for general crime solving and investigative purposes. The majority held that the “search” was only the cheek swab to collect the DNA, not the subsequent steps of extracting the DNA profile and comparing it to an FBI database of DNA left at crime scenes.

Revenge porn

Also on Monday, new legislation passed the California State Senate’s Public Safety Committee that would make the electronic distribution of revenge porn a misdemeanor. Revenge porn is the practice of posting pictures of former romantic or sexual partners online. EFF Staff Attorney Nate Cardozo was interviewed by ABC about the bill’s First Amendment implications.

Nate being interviewed by ABC News. The interns were filmed for some B-roll, but we didn’t make the cut.

Nate being interviewed by ABC News. The interns were filmed for some B-roll, but we didn’t make the cut.

 Nate said that while revenge porn is a “serious issue,” the California bill is not narrowly tailored enough to pass First Amendment scrutiny because it punishes not only the “bad actor” (the person who posts pornographic pictures) but also everyone who distributes the images once they are posted.

NSA phone and Internet data collection

On Wednesday and Thursday, The Guardian published leaks from Edward Snowden revealing that the National Security Administration has been operating a broad, untargeted phone and Internet spying regime for at least seven years. Wednesday’s leak revealed that the NSA has been collecting the phone records of millions of Verizon customers, including all calls made into, within, and out of the United States. Thursday’s leak revealed that the NSA has been intercepting certain information from major Internet companies including Google, Microsoft, Apple, Facebook, and Skype.

These leaks confirm that the government has been using secret law to justify warrantless spying on Americans. The Fourth Amendment generally protects us from warrantless, suspicionless searches by the government. The NSA derives its authority to collect phone records from secret opinions and orders from the Foreign Intelligence Surveillance Court interpreting the Patriot Act. Unlike other courts, whose opinions are public, FISA Court opinions and orders are kept secret.

Why we should care that the government is collecting our phone records

In a statement on Thursday, President Obama said we shouldn’t worry about the NSA’s data collection because the government is not listening to our phone calls. It’s true that the NSA needs to obtain a warrant, based on reasonable suspicion, to listen to the content of someone’s phone call. But even without hearing your conversation, the NSA can obtain an alarming amount of data about you based on whom you called, where you called to and from, and when the calls were made. This information is commonly referred to as “metadata,” and EFF Senior Staff Attorney Kurt Opsahl’s new blog post explains why it matters. These are some of Kurt’s examples illustrating what your phone records might reveal to the NSA:

  • They know you called the suicide prevention hotline from the Golden Gate Bridge. But the topic of the call remains a secret.
  • They know you spoke with an HIV testing service, then your doctor, then your health insurance company in the same hour. But they don’t know what was discussed.
  • They know you received a call from the local NRA office while it was having a campaign against gun legislation, and then called your senators and congressional representatives immediately after. But the content of those calls remains safe from government intrusion.

President Obama also said that we can’t have 100 percent privacy and 100 percent security. He believes the government has struck the correct balance. He said he welcomes a national debate about how much privacy we want to give up in the name of fighting terrorism. However, he also said he does not welcome leaks about the NSA’s spying programs. How can we have a real debate about how much spying is too much, and how can the American people have a say in the so-called balance between privacy and security, when the government does all it can to hide the details of and justifications for its data collection programs?

Woody comes to California!

Me and Woody at a reception for the Privacy Law Scholars Conference.

Me and Woody at a reception for the Privacy Law Scholars Conference.

Woodrow Hartzog, brilliant privacy scholar, law professor, UNC J-School alumnus (Ph.D. 2011), and the best mentor a nerd could ask for, came to town this week for the annual Privacy Law Scholars Conference. Woody presented a working paper with Daniel Solove on privacy law and the FTC. It was so great to catch up!

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EFF Internship Week 2: Facial Recognition and Privacy

[Ed: This is the second in a series of posts by Natasha Duarte, who is blogging about her summer internship experience at EFF.] This week I researched how state law enforcement agencies use facial recognition software to track individuals. I’m helping EFF prepare public records requests to gather more information on the facial recognition and biometric tracking programs being deployed throughout the United States.

If you’ve ever had your picture taken for a driver’s license or other photo ID, your face is probably in a database used by the DMV, state law enforcement agencies, and the FBI for almost limitless tracking purposes.  Some agencies use mobile systems in the field to detect a person’s facial measurements, fingerprints, and other biometrics. The system automatically scans a database and matches the person’s face with any other information the government has access to.

The U.S. Department of Homeland Security is reportedly developing systems that will scan crowds in stadiums or other areas, matching faces in the crowd with these extensive databases. While it might help track criminal suspects, the curre

nt technology is susceptible to mismatches, and the databases include photos of individuals who have never been arrested, charged, or convicted.

Despite its dangerous privacy implications, the use of facial recognition technology by the government remains unregulated. In Arizona, facial recognition systems developed to find “terrorists” reportedly have been used to track protestors associated with the Occupy movement and to do instant immigration background checks at traffic stops.

But the most detailed facial recognition database is not the FBI’s—it’s Facebook’s. Facebook already uses facial recognition software (that’s how it knows whom to tag when you upload a photo). Some proponents of facial recognition programs have suggested that the government should incorporate social network photos into its databases. Unlike most frontal driver’s license photos, Facebook photos reveal what a person looks like from different angles, how tall she is, how she dresses, whom she hangs out with, and where she hangs out. Facebook has not indicated that it would cooperate with requests to search its database, but access to social network data could be a powerful and dangerous tool for law enforcement.

Living in San Francisco:

 

Dancers in a parade at Carnaval, an annual Latin American and Caribbean festival that takes place in San Francisco’s Mission District.

Dancers in a parade at Carnaval, an annual Latin American and Caribbean festival that takes place in San Francisco’s Mission District.

Carnaval, a Latin American and Caribbean festival, took place in my neighborhood last weekend. I love how many different cultures intersect in San Francisco, especially in the Mission District. Here’s a photo I took of some of the dancers in the Carnaval parade.

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Center Staffers Honored

Three students who work in the UNC Center for Media Law and Policy were honored at the School of Journalism and Mass Communication’s annual awards ceremony on April 22, 2013.

Liz Woolery, a second-year Ph.D. student, won the John B. Adams Award for Excellence in Mass Communication Law.  Liz plans events and does communications work for the center

John Remensperger was honored as the year’s outstanding master’s graduate.  He designed and maintains the center’s website.

Julia Wall received the Stuart Sechriest Award, which is given to the top undergraduate photojournalism student.  She was the center’s photographer this semester.

Congratulations to our wonderful students!

 

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Summer Public Interest Grants for Law and Graduate Students

Each year, the UNC School of Law provides summer grants to law students taking unpaid or low-paying summer public interest jobs. Funding for these grants comes from several sources including: the Carolina Public Interest Law Organization (CPILO), private funds given through generous donors, law school funds allocated by the Dean, and student organizations that fundraise to support students working in a particular area of interest.  This year the Center for Media Law and Policy is also contributing funds to assist students (both UNC law and graduate students) who have a summer job in the field of media law or media policy.

For UNC law students, the deadline for applying for a summer grant is March 21, 2013 at 5:00 p.m.  The application process (and general requirements) for these funds is the same as for the law school’s Summer Public Interest Grant.  Simply check the box on the general application for “Media Law or Policy” under the heading “Substantive Areas Your Summer Employment Will Involve” and you will be automatically considered for these funds.  If you have already filled out an application, just log back in and check the box for “Media Law or Policy”; you can make changes to your application until the application deadline at 5pm today (3/21).

For UNC graduate students, the deadline for applying for a summer grant is March 25, 2013 at 5:00 p.m.  Please download the application form and send it directly to us at medialaw [at] unc.edu along with the other supporting material described below.  Students will be notified of a decision in early April.

Requirements and Information on How to Apply

You must have a job offer from one of the following types of organizations to be eligible: a nonprofit organization (an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of the Code), a legal aid office, a state or federal government agency, a public defender office, or a district attorney office.

Applications will be evaluated based on (a) your demonstrated commitment to public service and (b) the quality of your essays (each essay must not be more than 500 words).

Required documents include:

  1. Resume (without grade information)
  2. Offer letter from your employer
  3. Essays (no more than 500 words each) *

* Essay questions:

  • Essay #1: Describe your work responsibilities and the community needs you will be addressing.
  • Essay #2: Describe your commitment to public service. How have your past interests and work experiences contributed to your proposed summer internship responsibilities?
  • Essay #3: How do you see this summer work experience contributing to your long-term career goals?

Be sure to check out 10 Tips for Writing a Strong Grant Application.

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Paid Internship at the NPPA Writing About Media Law

This just dropped into my inbox from the National Press Photographers Association, located just up the road in Durham:

The National Press Photographers Association is searching for a paid intern to help promote our advocacy efforts and assist with legal writing, news stories and press releases. Topics that you will write about will primarily include legal issues facing photojournalists, in particular First Amendment and copyright issues, and NPPA’s response to those issues. Some of the issues can be complex, so a willingness to learn and an ability to break down complicated issues into readable stories is critical. You may also be asked to write about non-legal issues facing photojournalists. NPPA’s two attorneys will supervise, providing legal knowledge and information but you will be expected to be able to work independently. We are willing to work with schools who will allow credit for the internship. You will be working remotely and must provide your own computer with Microsoft Word, and internet access.

Required:
Previous writing experience is required with a preference for writing about media industry or legal issues.
Copy editing experience
Ability to work 10 to 15 hours per week.
Basic understanding of the law, the media and photography industry
Ability to work independently, with and without supervision

Desired:
Photography experience.
Proximity to Durham, North Carolina.

To apply:

Send cover letter explaining why you are well suited for this position, along with a resume, three references and three to five published writing samples to:

Mindy Hutchison
Executive Director
National Press Photographers Association
3200 Croasdaile Dr Ste 306
Durham NC 27705

Or via email to: director@nppa.org

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