EFFector Volume 37, Issue 17

✋ Get a Warrant!

Welcome to an all-new EFFector, your regular digest on everything digital rights from the Electronic Frontier Foundation.

In our 834th issue: A new lawsuit challenging the warrantless mass surveillance of drivers, politicians' attacks on VPNs, and a proposal that would make bad patents untouchable.

When you lose your rights online, you lose them in real life. Become an EFF member today!

‌Featured Story: Our Lawsuit Challenging Warrantless ALPR Surveillance

It would be pretty creepy if a police officer followed your car 24 hours a day, tracking the daily movements that reveal where you go, what you do, and who you see. But Automated License Plate Readers (ALPR) enable this kind of mass surveillance in cities across the country every day. These are camera networks that take pictures of every passing vehicle, putting the location information of millions of drivers into databases where police can instantly reconstruct their movements.

Worse yet, authorities have been allowed to perform these searches without a warrant. In the city of San Jose, for instance, police aren't required to have any suspicion of wrongdoing before searching ALPR databases. Now, two nonprofits, represented by EFF and the ACLU of Northern California, are suing to stop San Jose's warrantless ALPR surveillance.

The lawsuit, filed on behalf of SIREN and CAIR California, challenges San Jose police officers’ practice of searching for location information collected by ALPRs without first getting a warrant. It asks the court to order San Jose and its police department to end this practice, which violates the California Constitution and undermines the privacy rights of every person who drives through the city.

As stated in the lawsuit, San Jose’s ALPR program is especially invasive. The city has blanketed its roadways with nearly 500 ALPRs – indiscriminately collecting millions of records per month about people’s movements – and keeps this data for an entire year. Over the course of just 30 days in October, records show officers conducted 5,040 retrospective searches. This is an unchecked police power to scrutinize the movements of San Jose’s residents and visitors as they lawfully travel to work, to the doctor, or to a protest.

The threat ALPR searches pose to privacy are not theoretical. Just last week, an EFF investigation uncovered more than 50 federal, state, and local agencies that conducted ALPR searches in connection with protest activity. As this report helps illustrate, ALPR networks may be marketed as safety systems, but they're designed to capture information on every vehicle that passes by their cameras. That means they don't just track "criminals" but everyone, all the time.

READ MORE…

‌EFF Updates

🛡 VPN BANS: Politicians have apparently discovered that people are using Virtual Private Networks (VPNs) to protect their privacy and bypass invasive new age-verification laws. Their proposed solution? Ban the use of VPNs entirely. On our blog, we explain just why this is a terrible idea.

📱 APP TAKEDOWNS: Following communications with federal officials, tech platforms removed ICEBlock and several similar ICE-spotting apps last month, raising important questions about government coercion and the First Amendment. EFF is now suing to get answers. Last week, we filed a FOIA lawsuit against the departments of Justice and Homeland Security to find out just what the government told tech companies.

👹 BAD PATENTS: The U.S. Patent and Trademark Office has proposed new rules that would effectively end the public’s ability to challenge improperly granted patents at their source—the Patent Office itself. If these rules take effect, they will hand patent trolls exactly what they’ve been chasing for years: a way to keep bad patents alive and out of reach. That's why we're asking EFF supporters to file public comments opposing these rules by December 2.

🙌 PRIVACY VICTORY: Last week, a California judge ordered the end of a dragnet surveillance program that spied on thousands of Sacramento residents through their power meters. EFF and our co-counsel sued to stop the mass surveillance scheme on behalf of the Asian American Liberation Network and two Sacramento County residents. The lawsuit argued that the program created a host of privacy harms—including criminalizing innocent people, creating menacing encounters with law enforcement, and disproportionately harming the Asian community.

Don’t Let Tyrants Co-opt Tech

Technology is supercharging the attack on democracy by making it easier to spy on people, block free speech, and control what we do. The Electronic Frontier Foundation’s activists, lawyers, and technologists are fighting back.

Join the movement to Take Back CTRL. For a limited time, join EFF for as little as $20. As our thanks, you’ll get a Take Back CTRL Camera Cover Set with any member gift.

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The Electronic Frontier Foundation is the leading nonprofit defending online civil liberties. We promote digital innovation, defend free speech, fight illegal surveillance, and protect rights and freedoms for all as our use of technology grows. Find out more at https://www.eff.org/.

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