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Posted by Joe Mullin

Government invasion of a reporter’s home, and seizure of journalistic materials, is exactly the kind of abuse of power the First Amendment is designed to prevent. It represents the most extreme form of press intimidation. 

Yet, that’s what happened on Wednesday morning to Washington Post reporter Hannah Natanson, when the FBI searched her Virginia home and took her phone, two laptops, and a Garmin watch. 

The Electronic Frontier Foundation has joined 30 other press freedom and civil liberties organizations in condemning the FBI’s actions against Natanson. The First Amendment exists precisely to prevent the government from using its powers to punish or deter reporting on matters of public interest—including coverage of leaked or sensitive information. Searches like this threaten not only journalists, but the public’s right to know what its government is doing.

In the statement published yesterday, we call on Congress: 

To exercise oversight of the DOJ by calling Attorney General Pam Bondi before Congress to answer questions about the FBI’s actions; 

To reintroduce and pass the PRESS Act, which would limit government surveillance of journalists, and its ability to compel journalists to reveal sources; 

To reform the 108-year-old Espionage Act so it can no longer be used to intimidate and attack journalists. 

And to pass a resolution confirming that the recording of law enforcement activity is protected by the First Amendment. 

We’re joined on this letter by Free Press Action, the American Civil Liberties Union, PEN America, the NewsGuild-CWA, the Society of Professional Journalists, the Committee to Protect Journalists, and many other press freedom and civil liberties groups.

Further Reading:

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Posted by ARRAY(0x55d515512b68)

EFF asked a California appeals court to uphold a lower court’s decision to strike a tech CEO’s lawsuit against a journalist that sought to silence reporting the CEO, Maury Blackman, didn’t like.

The journalist, Jack Poulson, reported on Maury Blackman’s arrest for felony domestic violence after receiving a copy of the arrest report from a confidential source. Blackman didn’t like that. So, he sued Poulson—along with Substack, Amazon Web Services, and Poulson’s non-profit, Tech Inquiry—to try and force Poulson to take his articles down from the internet.

Fortunately, the trial court saw this case for what it was: a classic SLAPP, or a strategic lawsuit against public participation. The court dismissed the entire complaint under California’s anti-SLAPP statute, which provides a way for defendants to swiftly defeat baseless claims designed to chill their free speech.

The appeals court should affirm the trial court’s correct decision.  

Poulson’s reporting is just the kind of activity that the state’s anti-SLAPP law was designed to protect: truthful speech about a matter of public interest. The felony domestic violence arrest of the CEO of a controversial surveillance company with U.S. military contracts is undoubtedly a matter of public interest. As we explained to the court, “the public has a clear interest in knowing about the people their government is doing business with.”

Blackman’s claims are totally meritless, because they are barred by the First Amendment. The First Amendment protects Poulson’s right to publish and report on the incident report. Blackman argues that a court order sealing the arrest overrides Poulson’s right to report the news—despite decades of Supreme Court and California Court of Appeals precedent to the contrary. The trial correctly rejected this argument and found that the First Amendment defeats all of Blackman’s claims. As the trial court explained, “the First Amendment’s protections for the publication of truthful speech concerning matters of public interest vitiate Blackman’s merits showing.”

The court of appeals should reach the same conclusion.

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Posted by Beryl Lipton

The Baton Rouge Police Department announced this week that it will begin using a drone designed by military equipment manufacturer Lockheed Martin and Edge Autonomy, making it one of the first local police departments to use an unmanned aerial vehicle (UAV) with a history of primary use in foreign war zones. Baton Rouge is now one of the first local police departments in the United States to deploy an unmanned aerial vehicle (UAV) with such extensive surveillance capabilities — a dangerous escalation in the militarization of local law enforcement.

This is a troubling development in an already long history of local law enforcement acquiring and utilizing military-grade surveillance equipment. It should be a cautionary tale that prods  communities across the country to be proactive in ensuring that drones can only be acquired and used in ways that are well-documented, transparent, and subject to public feedback. 

Baton Rouge bought the Stalker VXE30 from Edge Autonomy, which partners with Lockheed Martin and began operating under the brand Redwire this week. According to reporting from WBRZ ABC2 in Louisiana, the drone, training, and batteries, cost about $1 million. 

Baton Rouge Police Department officers stand with the Stalker VXE30 drone in a photo shared by the BRPD via Facebook.

All of the regular concerns surrounding drones apply to this new one in use by Baton Rouge:

  • Drones can access and view spaces that are otherwise off-limits to law enforcement, including backyards, decks, and other areas of personal property.
  • Footage captured by camera-enabled drones may be stored and shared in ways that go far beyond the initial flight.
  • Additional camera-based surveillance can be installed on the drone, including automated license plate readers and the retroactive application of biometric analysis, such as face recognition.

However, the use of a military-grade drone hypercharges these concerns. Stalker VXE30's surveillance capabilities extend for dozens of miles, and it can fly faster and longer than standard police drones already in use. 

“It can be miles away, but we can still have a camera looking at your face, so we can use it for surveillance operations," BRPD Police Chief TJ Morse told reporters.

Drone models similar to the Stalker VXE30 have been used in military operations around the world and are currently being used by the U.S. Army and other branches for long-range reconnaissance. Typically, police departments deploy drone models similar to those commercially available from companies like DJI, which until recently was the subject of a proposed Federal Communications Commission (FCC) ban, or devices provided by police technology companies like Skydio, in partnership with Axon and Flock Safety

Additionally troubling is the capacity to add additional equipment to these drones: so-called “payloads” that could include other types of surveillance equipment and even weapons. 

The Baton Rouge community must put policies in place that restrict and provide oversight of any possible uses of this drone, as well as any potential additions law enforcement might make. 

EFF has filed a public records request to learn more about the conditions of this acquisition and gaps in oversight policies. We've been tracking the expansion of police drone surveillance for years, and this acquisition represents a dangerous new frontier. We'll continue investigating and supporting communities fighting back against the militarization of local police and mass surveillance. To learn more about the surveillance technologies being used in your city, please check out the Atlas of Surveillance.

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Posted by Joe Mullin

Lawmakers in Washington are once again focusing on kids, screens, and mental health. But according to Congress, Big Tech is somehow both the problem and the solution. The Senate Commerce Committee held a hearing today on “examining the effect of technology on America’s youth.” Witnesses warned about “addictive” online content, mental health, and kids spending too much time buried in screen. At the center of the debate is a bill from Sens. Ted Cruz (R-TX) and Brian Schatz (D-HI) called the Kids Off Social Media Act (KOSMA), which they say will protect children and “empower parents.” 

That’s a reasonable goal, especially at a time when many parents feel overwhelmed and nervous about how much time their kids spend on screens. But while the bill’s press release contains soothing language, KOSMA doesn’t actually give parents more control. 

Instead of respecting how most parents guide their kids towards healthy and educational content, KOSMA hands the control panel to Big Tech. That’s right—this bill would take power away from parents, and hand it over to the companies that lawmakers say are the problem.  

Kids Under 13 Are Already Banned From Social Media

One of the main promises of KOSMA is simple and dramatic: it would ban kids under 13 from social media. Based on the language of bill sponsors, one might think that’s a big change, and that today’s rules let kids wander freely into social media sites. But that’s not the case.   

Every major platform already draws the same line: kids under 13 cannot have an account. Facebook, Instagram, TikTok, X, YouTube, Snapchat, Discord, Spotify, and even blogging platforms like WordPress all say essentially the same thing—if you’re under 13, you’re not allowed. That age line has been there for many years, mostly because of how online services comply with a federal privacy law called COPPA

Of course, everyone knows many kids under 13 are on these sites anyways. The real question is how and why they get access. 

Most Social Media Use By Younger Kids Is Family-Mediated 

If lawmakers picture under-13 social media use as a bunch of kids lying about their age and sneaking onto apps behind their parents’ backs, they’ve got it wrong. Serious studies that have looked at this all find the opposite: most under-13 use is out in the open, with parents’ knowledge, and often with their direct help. 

A large national study published last year in Academic Pediatrics found that 63.8% of under-13s have a social media account, but only 5.4% of them said they were keeping one secret from their parents. That means roughly 90% of kids under 13 who are on social media aren’t hiding it at all. Their parents know. (For kids aged thirteen and over, the “secret account” number is almost as low, at 6.9%.) 

Earlier research in the U.S. found the same pattern. In a well-known study of Facebook use by 10-to-14-year-olds, researchers found that about 70% of parents said they actually helped create their child’s account, and between 82% and 95% knew the account existed. Again, this wasn’t kids sneaking around. It was families making a decision together.

A 2022 study by the UK’s media regulator Ofcom points in the same direction, finding that up to two-thirds of social media users below the age of thirteen had direct help from a parent or guardian getting onto the platform. 

The typical under-13 social media user is not a sneaky kid. It’s a family making a decision together. 

KOSMA Forces Platforms To Override Families 

This bill doesn’t just set an age rule. It creates a legal duty for platforms to police families.

Section 103(b) of the bill is blunt: if a platform knows a user is under 13, it “shall terminate any existing account or profile” belonging to that user. And “knows” doesn’t just mean someone admits their age. The bill defines knowledge to include what is “fairly implied on the basis of objective circumstances”—in other words, what a reasonable person would conclude from how the account is being used. The reality of how services would comply with KOSMA is clear: rather than risk liability for how they should have known a user was under 13, they will require all users to prove their age to ensure that they block anyone under 13. 

KOSMA contains no exceptions for parental consent, for family accounts, or for educational or supervised use. The vast majority of people policed by this bill won’t be kids sneaking around—it will be minors who are following their parents’ guidance, and the parents themselves. 

Imagine a child using their parent’s YouTube account to watch science videos about how a volcano works. If they were to leave a comment saying, “Cool video—I’ll show this to my 6th grade teacher!” and YouTube becomes aware of the comment, the platform now has clear signals that a child is using that account. It doesn’t matter whether the parent gave permission. Under KOSMA, the company is legally required to act. To avoid violating KOSMA, it would likely  lock, suspend, or terminate the account, or demand proof it belongs to an adult. That proof would likely mean asking for a scan of a government ID, biometric data, or some other form of intrusive verification, all to keep what is essentially a “family” account from being shut down.

Violations of KOSMA are enforced by the FTC and state attorneys general. That’s more than enough legal risk to make platforms err on the side of cutting people off.

Platforms have no way to remove “just the kid” from a shared account. Their tools are blunt: freeze it, verify it, or delete it. Which means that even when a parent has explicitly approved and supervised their child’s use, KOSMA forces Big Tech to override that family decision.

Your Family, Their Algorithms

KOSMA doesn’t appoint a neutral referee. Under the law, companies like Google (YouTube), Meta (Facebook and Instagram), TikTok, Spotify, X, and Discord will become the ones who decide whose account survives, whose account gets locked, who has to upload ID, and whose family loses access altogether. They won’t be doing this because they want to—but because Congress is threatening them with legal liability if they don’t. 

These companies don’t know your family or your rules. They only know what their algorithms infer. Under KOSMA, those inferences carry the force of law. Rather than parents or teachers, decisions about who can be online, and for what purpose, will be made by corporate compliance teams and automated detection systems. 

What Families Lose 

This debate isn’t really about TikTok trends or doomscrolling. It’s about all the ordinary, boring, parent-guided uses of the modern internet. It’s about a kid watching “How volcanoes work” on regular YouTube, instead of the stripped-down YouTube Kids. It’s about using a shared Spotify account to listen to music a parent already approves. It’s about piano lessons from a teacher who makes her living from YouTube ads.

These aren’t loopholes. They’re how parenting works in the digital age. Parents increasingly filter, supervise, and, usually, decide together with their kids. KOSMA will lead to more locked accounts, and more parents submitting to face scans and ID checks. It will also lead to more power concentrated in the hands of the companies Congress claims to distrust. 

What Can Be Done Instead

KOSMA also includes separate restrictions on how platforms can use algorithms for users aged 13 to 17. Those raise their own serious questions about speech, privacy, and how online services work, and need debate and scrutiny as well. But they don’t change the core problem here: this bill hands control over children’s online lives to Big Tech.

If Congress really wants to help families, it should start with something much simpler and much more effective: strong privacy protections for everyone. Limits on data collection, restrictions on behavioral tracking, and rules that apply to adults as well as kids would do far more to reduce harmful incentives than deputizing companies to guess how old your child is and shut them out.

But if lawmakers aren’t ready to do that, they should at least drop KOSMA and start over. A law that treats ordinary parenting as a compliance problem is not protecting families—it’s undermining them.

Parents don’t need Big Tech to replace them. They need laws that respect how families actually work.

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Posted by Josh Richman

EFF last summer asked a federal judge to block the federal government from using Medicaid data to identify and deport immigrants.  

We also warned about the danger of the Trump administration consolidating all of the government’s information into a single searchable, AI-driven interface with help from Palantir, a company that has a shaky-at-best record on privacy and human rights. 

Now we have the first evidence that our concerns have become reality. 

“Palantir is working on a tool for Immigration and Customs Enforcement (ICE) that populates a map with potential deportation targets, brings up a dossier on each person, and provides a “confidence score” on the person’s current address,” 404 Media reports today. “ICE is using it to find locations where lots of people it might detain could be based.” 

The tool – dubbed Enhanced Leads Identification & Targeting for Enforcement (ELITE) – receives peoples’ addresses from the Department of Health and Human Services (which includes Medicaid) and other sources, 404 Media reports based on court testimony in Oregon by law enforcement agents, among other sources. 

This revelation comes as ICE – which has gone on a surveillance technology shopping spree – floods Minneapolis with agents, violently running roughshod over the civil rights of immigrants and U.S. citizens alike; President Trump has threatened to use the Insurrection Act of 1807 to deploy military troops against protestors there. Other localities are preparing for the possibility of similar surges. 

Different government agencies necessarily collect information to provide essential services or collect taxes, but the danger comes when the government begins pooling that data and using it for reasons unrelated to the purpose it was collected.

This kind of consolidation of government records provides enormous government power that can be abused. Different government agencies necessarily collect information to provide essential services or collect taxes, but the danger comes when the government begins pooling that data and using it for reasons unrelated to the purpose it was collected. 

As EFF Executive Director Cindy Cohn wrote in a Mercury News op-ed last August, “While couched in the benign language of eliminating government ‘data silos,’ this plan runs roughshod over your privacy and security. It’s a throwback to the rightly mocked ‘Total Information Awareness’ plans of the early 2000s that were, at least publicly, stopped after massive outcry from the public and from key members of Congress. It’s time to cry out again.” 

In addition to the amicus brief we co-authored challenging ICE’s grab for Medicaid data, EFF has successfully sued over DOGE agents grabbing personal data from the U.S. Office of Personnel Management, filed an amicus brief in a suit challenging ICE’s grab for taxpayer data, and sued the departments of State and Homeland Security to halt a mass surveillance program to monitor constitutionally protected speech by noncitizens lawfully present in the U.S. 

But litigation isn’t enough. People need to keep raising concerns via public discourse and Congress should act immediately to put brakes on this runaway train that threatens to crush the privacy and security of each and every person in America.  

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Posted by Erica Portnoy

This blog also appears in our Age Verification Resource Hub: our one-stop shop for users seeking to understand what age-gating laws actually do, what’s at stake, how to protect yourself, and why EFF opposes all forms of age verification mandates. Head to EFF.org/Age to explore our resources and join us in the fight for a free, open, private, and yes—safe—internet.

EFF is against age gating and age verification mandates, and we hope we’ll win in getting existing ones overturned and new ones prevented. But mandates are already in effect, and every day many people are asked to verify their age across the web, despite prominent cases of sensitive data getting leaked in the process.

At some point, you may have been faced with the decision yourself: should I continue to use this service if I have to verify my age? And if so, how can I do that with the least risk to my personal information? This is our guide to navigating those decisions, with information on what questions to ask about the age verification options you’re presented with, and answers to those questions for some of the top most popular social media sites. Even though there’s no way to implement mandated age gates in a way that fully protects speech and privacy rights, our goal here is to help you minimize the infringement of your rights as you manage this awful situation.

Follow the Data

Since we know that leaks happen despite the best efforts of software engineers, we generally recommend submitting the absolute least amount of data possible. Unfortunately, that’s not going to be possible for everyone. Even facial age estimation solutions where pictures of your face never leave your device, offering some protection against data leakage, are not a good option for all users: facial age estimation works less well for people of color, trans and nonbinary people, and people with disabilities. There are some systems that use fancy cryptography so that a digital ID saved to your device won’t tell the website anything more than if you meet the age requirement, but access to that digital ID isn’t available to everyone or for all platforms. You may also not want to register for a digital ID and save it to your phone, if you don’t want to take the chance of all the information on it being exposed upon request of an over-zealous verifier, or you simply don’t want to be a part of a digital ID system

If you’re given the option of selecting a verification method and are deciding which to use, we recommend considering the following questions for each process allowed by each vendor:

    • Data: What info does each method require?
    • Access: Who can see the data during the course of the verification process?
    • Retention: Who will hold onto that data after the verification process, and for how long?
    • Audits: How sure are we that the stated claims will happen in practice? For example, are there external audits confirming that data is not accidentally leaked to another site along the way? Ideally these will be in-depth, security-focused audits by specialized auditors like NCC Group or Trail of Bits, instead of audits that merely certify adherence to standards. 
    • Visibility: Who will be aware that you’re attempting to verify your age, and will they know which platform you’re trying to verify for?

We attempt to provide answers to these questions below. To begin, there are two major factors to consider when answering these questions: the tools each platform uses, and the overall system those tools are part of.

In general, most platforms offer age estimation options like face scans as a first line of age assurance. These vary in intrusiveness, but their main problem is inaccuracy, particularly for marginalized users. Third-party age verification vendors Private ID and k-ID offer on-device facial age estimation, but another common vendor, Yoti, sends the image to their servers during age checks by some of the biggest platforms. This risks leaking the images themselves, and also the fact that you’re using that particular website, to the third party. 

Then, there’s the document-based verification services, which require you to submit a hard identifier like a government-issued ID. This method thus requires you to prove both your age and your identity. A platform can do this in-house through a designated dataflow, or by sending that data to a third party. We’ve already seen examples of how this can fail. For example, Discord routed users' ID data through its general customer service workflow so that a third-party vendor could perform manual review of verification appeals. No one involved ever deleted users' data, so when the system was breached, Discord had to apologize for the catastrophic disclosure of nearly 70,000 photos of users' ID documents. Overly long retention periods expose documents to risk of breaches and historical data requests. Some document verifiers have retention periods that are needlessly long. This is the case with Incode, which provides ID verification for Tiktok. Incode holds onto images forever by default, though TikTok should automatically start the deletion process on your behalf.

Some platforms offer alternatives, like proving that you own a credit card, or asking for your email to check if it appears in databases associated with adulthood (like home mortgage databases). These tend to involve less risk when it comes to the sensitivity of the data itself, especially since credit cards can be replaced, but in general still undermine anonymity and pseudonymity and pose a risk of tracking your online activity. We’d prefer to see more assurances across the board about how information is handled.

Each site offers users a menu of age assurance options to choose from. We’ve chosen to present these options in the rough order that we expect most people to prefer. Jump directly to a platform to learn more about its age checks:

Meta – Facebook, Instagram, WhatsApp, Messenger, Threads

Inferred Age

If Meta can guess your age, you may never even see an age verification screen. Meta, which runs Facebook, Threads, Instagram, Messenger, and WhatsApp, first tries to use information you’ve posted to guess your age, like looking at “Happy birthday!” messages. It’s a creepy reminder that they already have quite a lot of information about you.

If Meta cannot guess your age, or if Meta infers you're too young, it will next ask you to verify your age using either facial age estimation, or by uploading your photo ID. 

Face Scan

If you choose to use facial age estimation, you’ll be sent to Yoti, a third-party verification service. Your photo will be uploaded to their servers during this process. Yoti claims that “as soon as an age has been estimated, the facial image is immediately and permanently deleted.” Though it’s not as good as not having that data in the first place, Yoti’s security measures include a bug bounty program and annual penetration testing. Researchers from Mint Secure found that Yoti’s app and website are filled with trackers, so the fact that you’re verifying your age could be not only shared to Yoti, but leaked to third-party data brokers as well. 

You may not want to use this option if you’re worried about third parties potentially being able to know you’re trying to verify your age with Meta. You also might not want to use this if you’re worried about a current picture of your face accidentally leaking—for example, if elements in the background of your selfie might reveal your current location. On the other hand, if you consider a selfie to be less sensitive than a photograph of your ID, this option might be better. If you do choose (or are forced to) use the face check system, be sure to snap your selfie without anything you'd be concerned with identifying your location or embarrassing you in the background in case the image leaks.

Upload ID

If Yoti’s age estimation decides your face looks too young, or if you opt out of facial age estimation, your next recourse is to send Meta a photo of your ID. Meta sends that photo to Yoti to verify the ID. Meta says it will hold onto that ID image for 30 days, then delete it. Meanwhile, Yoti claims it will delete the image immediately after verification. Of course, bugs and process oversights exist, such as accidentally replicating information in logs or support queues, but at least they have stated processes. Your ID contains sensitive information such as your full legal name and home address. Using this option not only runs the (hopefully small, but never nonexistent) risk of that data getting leaked through errors or hacking, but it also lets Meta see the information needed to tie your profile to your identity—which you may not want. If you don’t want Meta to know your name and where you live, or rely on both Meta and Yoti to keep to their deletion promises, this option may not be right for you.

Google – Gmail, YouTube 

Inferred Age

If Google can guess your age, you may never even see an age verification screen. Your Google account is typically connected to your YouTube account, so if (like mine) your YouTube account is old enough to vote, you may not need to verify your Google account at all. Google first uses information it already knows to try to guess your age, like how long you’ve had the account and your YouTube viewing habits. It’s yet another creepy reminder of how much information these corporations have on you, but at least in this case they aren’t likely to ask for even more identifying data.

If Google cannot guess your age, or decides you're too young, Google will next ask you to verify your age. You’ll be given a variety of options for how to do so, with availability that will depend on your location and your age.

Google’s methods to assure your age include ID verification, facial age estimation, verification by proxy, and digital ID. To prove you’re over 18, you may be able to use facial age estimation, give Google your credit card information, or tell a third-party provider your email address.

Face Scan

If you choose to use facial age estimation, you’ll be sent to a website run by Private ID, a third-party verification service. The website will load Private ID’s verifier within the page—this means that your selfie will be checked without any images leaving your device. If the system decides you’re over 18, it will let Google know that, and only that. Of course, no technology is perfect—should Private ID be mandated to target you specifically, there’s nothing to stop it from sending down code that does in fact upload your image, and you probably won’t notice. But unless your threat model includes being specifically targeted by a state actor or Private ID, that’s unlikely to be something you need to worry about. For most people, no one else will see your image during this process. Private ID will, however, be told that your device is trying to verify your age with Google and Google will still find out if Private ID thinks that you’re under 18.

If Private ID’s age estimation decides your face looks too young, you may next be able to decide if you’d rather let Google verify your age by giving it your credit card information, photo ID, or digital ID, or by letting Google send your email address to a third-party verifier.

Email Usage

If you choose to provide your email address, Google sends it on to a company called VerifyMy. VerifyMy will use your email address to see if you’ve done things like get a mortgage or paid for utilities using that email address. If you use Gmail as your email provider, this may be a privacy-protective option with respect to Google, as Google will then already know the email address associated with the account. But it does tell VerifyMy and its third-party partners that the person behind this email address is looking to verify their age, which you may not want them to know. VerifyMy uses “proprietary algorithms and external data sources” that involve sending your email address to “trusted third parties, such as data aggregators.” It claims to “ensure that such third parties are contractually bound to meet these requirements,” but you’ll have to trust it on that one—we haven’t seen any mention of who those parties are, so you’ll have no way to check up on their practices and security. On the bright side, VerifyMy and its partners do claim to delete your information as soon as the check is completed.

Credit Card Verification

If you choose to let Google use your credit card information, you’ll be asked to set up a Google Payments account. Note that debit cards won’t be accepted, since it’s much easier for many debit cards to be issued to people under 18. Google will then charge a small amount to the card, and refund it once it goes through. If you choose this method, you’ll have to tell Google your credit card info, but the fact that it’s done through Google Payments (their regular card-processing system) means that at least your credit card information won’t be sitting around in some unsecured system. Even if your credit card information happens to accidentally be leaked, this is a relatively low-risk option, since credit cards come with solid fraud protection. If your credit card info gets leaked, you should easily be able to dispute fraudulent charges and replace the card.

Digital ID

If the option is available to you, you may be able to use your digital ID to verify your age with Google. In some regions, you’ll be given the option to use your digital ID. In some cases, it’s possible to only reveal your age information when you use a digital ID. If you’re given that choice, it can be a good privacy-preserving option. Depending on the implementation, there’s a chance that the verification step will “phone home” to the ID provider (usually a government) to let them know the service asked for your age. It’s a complicated and varied topic that you can learn more about by visiting EFF’s page on digital identity.

Upload ID

Should none of these options work for you, your final recourse is to send Google a photo of your ID. Here, you’ll be asked to take a photo of an acceptable ID and send it to Google. Though the help page only states that your ID “will be stored securely,” the verification process page says ID “will be deleted after your date of birth is successfully verified.” Acceptable IDs vary by country, but are generally government-issued photo IDs. We like that it’s deleted immediately, though we have questions about what Google means when it says your ID will be used to “improve [its] verification services for Google products and protect against fraud and abuse.” No system is perfect, and we can only hope that Google schedules outside audits regularly.

TikTok

Inferred Age

If TikTok can guess your age, you may never even see an age verification notification. TikTok first tries to use information you’ve posted to estimate your age, looking through your videos and photos to analyze your face and listen to your voice. By uploading any videos, TikTok believes you’ve given it consent to try to guess how old you look and sound.

If TikTok decides you’re too young, appeal to revoke their age decision before the deadline passes. If TikTok cannot guess your age, or decides you're too young, it will automatically revoke your access based on age—including either restricting features or deleting your account. To get your access and account back, you’ll have a limited amount of time to verify your age. As soon as you see the notification that your account is restricted, you’ll want to act fast because in some places you’ll have as little as 23 days before the deadline passes.

When you get that notification, you’re given various options to verify your age based on your location.

Face Scan

If you’re given the option to use facial age estimation, you’ll be sent to Yoti, a third-party verification service. Your photo will be uploaded to their servers during this process. Yoti claims that “as soon as an age has been estimated, the facial image is immediately and permanently deleted.” Though it’s not as good as not having that data in the first place, Yoti’s security measures include a bug bounty program and annual penetration testing. However, researchers from Mint Secure found that Yoti’s app and website are filled with trackers, so the fact that you’re verifying your age could be leaked not only to Yoti, but to third-party data brokers as well.

You may not want to use this option if you’re worried about third parties potentially being able to know you’re trying to verify your age with TikTok. You also might not want to use this if you’re worried about a current picture of your face accidentally leaking—for example, if elements in the background of your selfie might reveal your current location. On the other hand, if you consider a selfie to be less sensitive than a photograph of your ID or your credit card information, this option might be better. If you do choose (or are forced to) use the face check system, be sure to snap your selfie without anything you'd be concerned with identifying your location or embarrassing you in the background in case the image leaks.

Credit Card Verification

If you have a credit card in your name, TikTok will accept that as proof that you’re over 18. Note that debit cards won’t be accepted, since it’s much easier for many debit cards to be issued to people under 18. TikTok will charge a small amount to the credit card, and refund it once it goes through. It’s unclear if this goes through their regular payment process, or if your credit card information will be sent through and stored in a separate, less secure system. Luckily, these days credit cards come with solid fraud protection, so if your credit card gets leaked, you should easily be able to dispute fraudulent charges and replace the card. That said, we’d rather TikTok provide assurances that the information will be processed securely.

Credit Card Verification of a Parent or Guardian

Sometimes, if you’re between 13 and 17, you’ll be given the option to let your parent or guardian confirm your age. You’ll tell TikTok their email address, and TikTok will send your parent or guardian an email asking them (a) to confirm your date of birth, and (b) to verify their own age by proving that they own a valid credit card. This option doesn’t always seem to be offered, and in the one case we could find, it’s possible that TikTok never followed up with the parent. So it’s unclear how or if TikTok verifies that the adult whose email you provide is your parent or guardian. If you want to use credit card verification but you’re not old enough to have a credit card, and you’re ok with letting an adult know you use TikTok, this option may be reasonable to try.

Photo with a Random Adult?

Bizarrely, if you’re between 13 and 17, TikTok claims to offer the option to take a photo with literally any random adult to confirm your age. Its help page says that any trusted adult over 25 can be chosen, as long as they’re holding a piece of paper with the code on it that TikTok provides. It also mentions that a third-party provider is used here, but doesn’t say which one. We haven’t found any evidence of this verification method being offered. Please do let us know if you’ve used this method to verify your age on TikTok!

Photo ID and Face Comparison

If you aren’t offered or have failed the other options, you’ll have to verify your age by submitting a copy of your ID and matching photo of your face. You’ll be sent to Incode, a third-party verification service. In a disappointing failure to meet the industry standard, Incode itself doesn’t automatically delete the data you give it once the process is complete, but TikTok does claim to “start the process to delete the information you submitted,” which should include telling Incode to delete your data once the process is done. If you want to be sure, you can ask Incode to delete that data yourself. Incode tells TikTok that you met the age threshold without providing your exact date of birth, but then TikTok wants to know the exact date anyway, so it’ll ask for your date of birth even after your age has been verified.

TikTok itself might not see your actual ID depending on its implementation choices, but Incode will. Your ID contains sensitive information such as your full legal name and home address. Using this option not only runs the (hopefully small, but never nonexistent) risk of that data getting accidentally leaked through errors or hacking. If you don’t want TikTok or Incode to know your name, what you look like, and where you live—or if you don't want to rely on both TikTok and Incode to keep to their deletion promises—then this option may not be right for you.

Everywhere Else

We’ve covered the major providers here, but age verification is unfortunately being required of many other services that you might use as well. While the providers and processes may vary, the same general principles will apply. If you’re trying to choose what information to provide to continue to use a service, consider the “follow the data” questions mentioned above, and try to find out how the company will store and process the data you give it. The less sensitive information, the fewer people have access to it, and the more quickly it will be deleted, the better. You may even come to recognize popular names in the age verification industry: Spotify and OnlyFans use Yoti (just like Meta and Tiktok), Quora and Discord use k-ID, and so on. 

Unfortunately, it should be clear by now that none of the age verification options are perfect in terms of protecting information, providing access to everyone, and safely handling sensitive data. That’s just one of the reasons that EFF is against age-gating mandates, and is working to stop and overturn them across the United States and around the world.


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Posted by ARRAY(0x56040091d330)

This year, we fought back against the return of a terrible idea that hasn’t improved with age: site blocking laws. 

More than a decade ago, Congress tried to pass SOPA and PIPA—two sweeping bills that would have allowed the government and copyright holders to quickly shut down entire websites based on allegations of piracy. The backlash was massive. Internet users, free speech advocates, and tech companies flooded lawmakers with protests, culminating in an “Internet Blackout” on January 18, 2012. Turns out, Americans don’t like government-run internet blacklists. The bills were ultimately shelved.  

But we’ve never believed they were gone for good. The major media and entertainment companies that backed site blocking in the US in 2012 turned to pushing for site-blocking laws in other countries. Rightsholders continued to ask US courts for site-blocking orders, often winning them without a new law. And sure enough, the Motion Picture Association (MPA) and its allies have asked Congress to try again. 

There were no less than three Congressional drafts of site-blocking legislation. Representative Zoe Lofgren kicked off the year with the Foreign Anti-Digital Piracy Act (FADPA). Fellow House of Representatives member Darrell Issa also claimed to be working on a bill that would make it offensively easy for a studio to block your access to a website based solely on the belief that there is infringement happening. Not to be left out, the Senate Judiciary Committee produced the terribly named Block BEARD Act 

None of these three attempts to fundamentally alter the way you experience the internet moved too far after their press releases. But the number tells us that there is, once again, an appetite among major media conglomerates and politicians to resurrect SOPA/PIPA from the dead.  

None of these proposals fixes the flaws of SOPA/PIPA, and none ever could. Site blocking is a flawed idea and a disaster for free expression that no amount of rewriting will fix. There is no way to create a fast lane for removing your access to a website that is not a major threat to the open web. Just as we opposed SOPA/PIPA over ten years ago, we oppose these efforts.  

Site blocking bills seek to build a new infrastructure of censorship into the heart of the internet. They would enable court orders directed to the organizations that make the internet work, like internet service providers, domain name resolvers, and reverse proxy services, compelling them to help block US internet users from visiting websites accused of copyright infringement. The technical means haven’t changed much since 2012. - tThey involve blocking Internet Protocol addresses or domain names of websites. These methods are blunt—sledgehammers rather than scalpels. Today, many websites are hosted on cloud infrastructure or use shared IP addresses. Blocking one target can mean blocking thousands of unrelated sites. That kind of digital collateral damage has already happened in Austria, Italy, South Korea, France, and in the US, to name just a few.  

Given this downside, one would think the benefits of copyright enforcement from these bills ought to be significant. But site blocking is trivially easy to evade. Determined site owners can create the same content on a new domain within hours. Users who want to see blocked content can fire up a VPN or change a single DNS setting to get back online.  

The limits that lawmakers have proposed to put on these laws are an illusion. While ostensibly aimed at “foreign” websites, they sweep in any website that doesn’t conspicuously display a US origin, putting anonymity at risk. And despite the rhetoric of MPA and others that new laws would be used only by responsible companies against the largest criminal syndicates, laws don’t work that way. Massive new censorship powers invite abuse by opportunists large and small, and the costs to the economy, security, and free expression are widely borne. 

It’s time for Big Media and its friends in Congress to drop this flawed idea. But as long as they keep bringing it up, we’ll keep on rallying internet users of all stripes to fight it. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

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State and federal lawmakers have introduced multiple proposals in 2025 to curtail or outright block children and teenagers from accessing legal content on the internet. These lawmakers argue that internet and social media platforms have an obligation to censor or suppress speech that they consider “harmful” to young people. Unfortunately, in many of these legislative debates, lawmakers are not listening to kids, whose experiences online are overwhelmingly more positive than what lawmakers claim. 

Fortunately, EFF has spent the past year trying to make sure that lawmakers hear young people’s voices. We have also been reminding lawmakers that minors, like everyone else, have First Amendment rights to express themselves online. 

These rights extend to a young person’s ability to use social media both to speak for themselves and access the speech of others online. Young people also have the right to control how they access this speech, including a personalized feed and other digestible and organized ways. Preventing teenagers from accessing the same internet and social media channels that adults use is a clear violation of their right to free expression. 

On top of violating minors’ First Amendment rights, these laws also actively harm minors who rely on the internet to find community, find resources to end abuse, or access information about their health. Cutting off internet access acutely harms LGBTQ+ youth and others who lack familial or community support where they live. These laws also empower the state to decide what information is acceptable for all young people, overriding parents’ choices. 

Additionally, all of the laws that would attempt to create a “kid friendly” internet and an “adults-only” internet are a threat to everyone, adults included. These mandates encourage an adoption of invasive and dangerous age-verification technology. Beyond creepy, these systems incentivize more data collection, and increase the risk of data breaches and other harms. Requiring everyone online to provide their ID or other proof of their age could block legal adults from accessing lawful speech if they don’t have the right form of ID. Furthermore, this trend infringes on people’s right to be anonymous online, and creates a chilling effect which may deter people from joining certain services or speaking on certain topics

EFF has lobbied against these bills at both the state and federal level, and we have also filed briefs in support of several lawsuits to protect the First Amendment Rights of minors. We will continue to advocate for the rights of everyone online – including minors – in the future.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

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Posted by Cooper Quintin

Read more about how ICE has spent hundreds of millions of dollars on surveillance technology to spy on anyone—and potentially everyone—in the United States, and how to follow the Homeland Security Spending Trail..

ICE has been invading U.S. cities, targeting, surveilling, harassing, assaulting, detaining, and torturing people who are undocumented immigrants. They also have targeted people with work permits, asylum seekers, permanent residents (people holding “green cards”), naturalized citizens, and even citizens by birth. ICE has spent hundreds of millions of dollars on surveillance technology to spy on anyoneand potentially everyonein the United States. It can be hard to imagine how to defend oneself against such an overwhelming force. But a few enterprising hackers have started projects to do counter surveillance against ICE, and hopefully protect their communities through clever use of technology. 

Let’s start with Flock, the company behind a number of automated license plate reader (ALPR) and other camera technologies. You might be surprised at how many Flock cameras there are in your community. Many large and small municipalities around the country have signed deals with Flock for license plate readers to track the movement of all cars in their city. Even though these deals are signed by local police departments, oftentimes ICE also gains access

Because of their ubiquity, people are interested in finding out where and how many Flock cameras are in their community. One project that can help with this is the OUI-SPY, a small piece of open source hardware. The OUI-SPY runs on a cheap Arduino compatible chip called an ESP-32. There are multiple programs available for loading on the chip, such as “Flock You,” which allows people to detect Flock cameras and “Sky-Spy” to detect overhead drones. There’s also “BLE Detect,” which detects various Bluetooth signals including ones from Axon, Meta’s Ray-Bans that secretly record you, and more. It also has a mode commonly known as “fox hunting” to track down a specific device. Activists and researchers can use this tool to map out different technologies and quantify the spread of surveillance. 

There’s also the open source Wigle app which is primarily designed for mapping out Wi-Fi, but also has the ability to make an audio alert when a specific Wi-Fi or Bluetooth identifier is detected. This means you can set it up to get a notification when it detects products from Flock, Axon, or other nasties in their vicinity. 

One enterprising YouTuber, Benn Jordan, figured out a way to fool Flock cameras into not recording his license plate simply by painting some minor visual noise on his license plate. This is innocuous enough that any human will still be able to read his license plate, but it completely prevented Flock devices from recognizing his license plate as a license plate at the time. Some states have outlawed drivers obscuring their license plates, so taking such action is not recommended. 

Jordan later went on to discover hundreds of misconfigured Flock cameras that were exposing their administrator interface without a password on the public internet. This would allow anyone with an internet connection to view a live surveillance feed, download 30 days of video, view logs, and more. The cameras pointed at parks, public trails, busy intersections, and even a playground. This was a massive breach of public trust and a huge mistake for a company that claims to be working for public safety.

Other hackers have taken on the task of open-source intelligence and community reporting. One interesting example is deflock.me and alpr.watch, which are crowdsourced maps of ALPR cameras. Much like the OUI-SPY project, this allows activists to map out and expose Flock surveillance cameras in their community. 

There have also been several ICE reporting apps released, including apps to report ICE sightings in your area such Stop ICE Alerts, ICEOUT.org, and ICE Block. ICEBlock was delisted by Apple at the request of Attorney General Pam Bondi, a fact we are suing over. There is also Eyes Up, an app to securely record and archive ICE raids, which was taken down by Apple earlier this year. 

Another interesting project documenting ICE and creating a trove of open-source intelligence is ICE List Wiki which contains info on companies that have contracts with ICE, incidents and encounters with ICE, and vehicles ICE uses. 

People without programming knowledge can also get involved. In Chicago, people used whistles to warn their neighbors that ICE was present or in the area. Many people 3D-printed whistles along with instructional booklets to hand out to their communities, allowing a wider distribution of whistles and consequently earlier warnings for their neighbors. 

Many hackers have started hosting digital security trainings for their communities or building web sites with security advice, including how to remove your data from the watchful eyes of the surveillance industry. To reach a broader community, trainers have even started hosting trainings on how to defend their communities and what to do in an ICE raid in video games, such as Fortnight

There is also EFF’s own Rayhunter project for detecting cell-site simulators, about which we have written extensively. Rayhunter runs on a cheap mobile hotspot and doesn’t require deep technical knowledge to use.

It’s important to remember that we are not powerless. Even in the face of a domestic law enforcement presence with massive surveillance capabilities and military-esque technologies, there are still ways to engage in surveillance self-defense. We cannot give into nihilism and fear. We must continue to find small ways to protect ourselves and our communities, and when we can, fight back. 

EFF is not affiliated with any of these projects (other than Rayhunter) and does not endorse them. We don’t make any statements about the legality of using any of these projects. Please consult with an attorney to determine what risks there may be. 

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Posted by Cooper Quintin

Read more about how enterprising hackers have started projects to do counter surveillance against ICE, and learn how to follow the Homeland Security spending trail.

U.S. Immigration and Customs Enforcement (ICE) has a new budget under the current administration, and they are going on a surveillance tech shopping spree. Standing at $28.7 billion dollars for the year 2025 (nearly triple their 2024 budget) and at least another $56.25 billion over the next three years, ICE's budget would be the envy of many national militaries around the world. Indeed, this budget would put ICE as the 14th most well-funded military in the world, right between Ukraine and Israel.  

There are many different agencies under U.S. Department of Homeland Security (DHS) that deal with immigration, as well as non-immigration related agencies such as Cybersecurity and Infrastructure Security Agency (CISA) and Federal Emergency Management Agency (FEMA). ICE is specifically the enforcement arm of the U.S. immigration apparatus. Their stated mission is to “[p]rotect America through criminal investigations and enforcing immigration laws to preserve national security and public safety.” 

Of course, ICE doesn’t just end up targeting, surveilling, harassing, assaulting, detaining, and torturing people who are undocumented immigrants. They have targeted people on work permits, asylum seekers, permanent residents (people holding “green cards”), naturalized citizens, and even citizens by birth. 

While the NSA and FBI might be the first agencies that come to mind when thinking about surveillance in the U.S., ICE should not be discounted. ICE has always engaged in surveillance and intelligence-gathering as part of their mission. A 2022 report by Georgetown Law’s Center for Privacy and Technology found the following:

  • ICE had scanned the driver’s license photos of 1 in 3 adults.
  • ICE had access to the driver’s license data of 3 in 4 adults.
  • ICE was tracking the movements of drivers in cities home to 3 in 4 adults.
  • ICE could locate 3 in 4 adults through their utility records.
  • ​​ICE built its surveillance dragnet by tapping data from private companies and state and local bureaucracies.
  • ICE spent approximately $2.8 billion between 2008 and 2021 on new surveillance, data collection and data-sharing programs. 

With a budget for 2025 that is 10 times the size of the agency’s total surveillance spending over the last 13 years, ICE is going on a shopping spree, creating one of the largest, most comprehensive domestic surveillance machines in history. 

How We Got Here

The entire surveillance industry has been allowed to grow and flourish under both Democratic and Republican regimes. For example, President Obama dramatically expanded ICE from its more limited origins, while at the same time narrowing its focus to undocumented people accused of crimes. Under the first and second Trump administrations, ICE ramped up its operations significantly, increasing raids in major cities far from the southern border and casting a much wider net on potential targets. ICE has most recently expanded its partnerships with sheriffs across the U.S., and deported more than 1.5 million people cumulatively under the Trump administrations (600,000 of those were just during the first year of Trump’s second term according to DHS statistics), not including the 1.6 million people DHS claims have “self-deported.” More horrifying is that in just the last year of the current administration, 4,250 people detained by ICE have gone missing, and 31 have died in custody or while being detained. In contrast, 24 people died in ICE custody during the entirety of the Biden administration.

ICE also has openly stated that they plan to spy on the American public, looking for any signs of left-wing dissent against their domestic military-like presence. Acting ICE Director Todd Lyons said in a recent interview that his agency “was dedicated to the mission of going after” Antifa and left-wing gun clubs. 

On a long enough timeline, any surveillance tool you build will eventually be used by people you don’t like for reasons that you disagree with.

On a long enough timeline, any surveillance tool you build will eventually be used by people you don’t like for reasons that you disagree with. A surveillance-industrial complex and a democratic society are fundamentally incompatible, regardless of your political party. 

EFF recently published a guide to using government databases to dig up homeland security spending and compiled our own dataset of companies selling tech to DHS components. In 2025, ICE entered new contracts with several private companies for location surveillance, social media surveillance, face surveillance, spyware, and phone surveillance. Let’s dig into each.

Phone Surveillance Tools 

One common surveillance tactic of immigration officials is to get physical access to a person’s phone, either while the person is detained at a border crossing, or while they are under arrest. ICE renewed an $11 million contract with a company called Cellebrite, which helps ICE unlock phones and then can take a complete image of all the data on the phone, including apps, location history, photos, notes, call records, text messages, and even Signal and WhatsApp messages. ICE also signed a $3 million contract with Cellebrite’s main competitor Magnet Forensics, makers of the Graykey device for unlocking phones. DHS has had contracts with Cellebrite since 2008, but the number of phones they search has risen dramatically each year, reaching a new high of 14,899 devices searched by ICE’s sister agency U.S. Customs and Border Protection (CBP) between April and June of 2025. 

If ICE can’t get physical access to your phone, that won’t stop them from trying to gain access to your data. They have also resumed a $2 million contract with the spyware manufacturer, Paragon. Paragon makes the Graphite spyware, which made headlines in 2025 for being found on the phones of several dozen members of Italian civil society. Graphite is able to harvest messages from multiple different encrypted chat apps such as Signal and WhatsApp without the user ever knowing. 

Our concern with ICE buying this software is the likelihood that it will be used against undocumented people and immigrants who are here legally, as well as U.S. citizens who have spoken up against ICE or who work with immigrant communities. Malware such as Graphite can be used to read encrypted messages as they are sent, other forms of spyware can also download files, photos, location history, record phone calls, and even discretely turn on your microphone to record you. 

How to Protect Yourself 

The most effective way to protect yourself from smartphone surveillance would be to not have a phone. But that’s not realistic advice in modern society. Fortunately, for most people there are other ways you can make it harder for ICE to spy on your digital life. 

The first and easiest step is to keep your phone up to date. Installing security updates makes it harder to use malware against you and makes it less likely for Cellebrite to break into your phone. Likewise, both iPhone (Lockdown Mode) and Android (Advanced Protection) offer special modes that lock your phone down and can help protect against some malware.

The first and easiest step is to keep your phone up to date.

Having your phone’s software up to date and locked with a strong alphanumeric password will offer some protection against Cellebrite, depending on your model of phone. However, the strongest protection is simply to keep your phone turned off, which puts it in “before first unlock” mode and has been typically harder for law enforcement to bypass. This is good to do if you are at a protest and expect to be arrested, if you are crossing a border, or if you are expecting to encounter ICE. Keeping your phone on airplane mode should be enough to protect against cell-site simulators, but turning your phone off will offer extra protection against cell-site simulators and Cellebrite devices. If you aren’t able to turn your phone off, it’s a good idea to at least turn off face/fingerprint unlock to make it harder for police to force you to unlock your phone. While EFF continues to fight to strengthen our legal protections against compelling people to decrypt their devices, there is currently less protection against compelled face and fingerprint unlocking than there is against compelled password disclosure.

Internet Surveillance 

ICE has also spent $5 million to acquire at least two location and social media surveillance tools: Webloc and Tangles, from a company called Pen Link, an established player in the open source intelligence space. Webloc gathers the locations of millions of phones by gathering data from mobile data brokers and linking it together with other information about users. Tangles is a social media surveillance tool which combines web scraping with access to social media application programming interfaces. These tools are able to build a dossier on anyone who has a public social media account. Tangles is able to link together a person’s posting history, posts, and comments containing keywords, location history, tags, social graph, and photos with those of their friends and family. Penlink then sells this information to law enforcement, allowing law enforcement to avoid the need for a warrant. This means ICE can look up historic and current locations of many people all across the U.S. without ever having to get a warrant.

These tools are able to build a dossier on anyone who has a public social media account.

ICE also has established contracts with other social media scanning and AI analysis companies, such as a $4.2 million contract with a company called Fivecast for the social media surveillance and AI analysis tool ONYX. According to Fivecast, ONYX can conduct “automated, continuous and targeted collection of multimedia data” from all major “news streams, search engines, social media, marketplaces, the dark web, etc.” ONYX can build what it calls “digital footprints” from biographical data and curated datasets spanning numerous platforms, and “track shifts in sentiment and emotion” and identify the level of risk associated with an individual. 

Another contract is with ShadowDragon for their product Social Net, which is able to monitor publicly available data from over 200 websites. In an acquisition document from 2022, ICE confirmed that ShadowDragon allowed the agency to search “100+ social networking sites,” noting that “[p]ersistent access to Facebook and Twitter provided by ShadowDragon SocialNet is of the utmost importance as they are the most prominent social media platforms.”

ICE has also indicated that they intend to spend between 20 and 50 million dollars on building and staffing a 24/7 social media monitoring office with at least 30 full time agents to comb every major social media website for leads that could generate enforcement raids. 

How to protect yourself 

For U.S. citizens, making your account private on social media is a good place to start. You might also consider having accounts under a pseudonym, or deleting your social media accounts altogether. For more information, check out our guide to protecting yourself on social media. Unfortunately, people immigrating to the U.S. might be subject to greater scrutiny, including mandatory social media checks, and should consult with an immigration attorney before taking any action. For people traveling to the U.S., new rules will soon likely require them to reveal five years of social media history and 10 years of past email addresses to immigration officials. 

Street-Level Surveillance 

But it’s not just your digital habits ICE wants to surveil; they also want to spy on you in the physical world. ICE has contracts with multiple automated license plate reader (ALPR) companies and is able to follow the driving habits of a large percentage of Americans. ICE uses this data to track down specific people anywhere in the country. ICE has a $6 million contract through a Thomson Reuters subsidiary to access ALPR data from Motorola Solutions. ICE has also persuaded local law enforcement officers to run searches on their behalf through Flock Safety's massive network of ALPR data. CBP, including Border Patrol, also operates a network of covert ALPR systems in many areas. 

ICE has also invested in biometric surveillance tools, such as face recognition software called Mobile Fortify to scan the faces of people they stop to determine if they are here legally. Mobile Fortify checks the pictures it takes against a database of 200 million photos for a match (the source of the photos is unknown). Additionally, ICE has a $10 million contract with Clearview AI for face recognition. ICE has also contracted with iris scanning company BI2 technologies for even more invasive biometric surveillance. ICE agents have also been spotted wearing Meta’s Ray-Ban video recording sunglasses. 

ICE has acquired trucks equipped with cell-site simulators (AKA Stingrays) from a company called TechOps Specialty Vehicles (likely the cell-site simulators were manufactured by another company). This is not the first time ICE has bought this technology. According to documents obtained by the American Civil Liberties Union, ICE deployed cell-site simulators at least 466 times between 2017 and 2019, and ICE more than 1,885 times between 2013 and 2017, according to documents obtained by BuzzFeed News. Cell-site simulators can be used to track down a specific person in real time, with more granularity than a phone company or tools like Webloc can provide, though Webloc has the distinct advantage of being used without a warrant and not requiring agents to be in the vicinity of the person being tracked. 

How to protect yourself 

Taking public transit or bicycling is a great way to keep yourself off ALPR databases, but an even better way is to go to your local city council meetings and demand the city cancels contracts with ALPR companies, like people have done in Flagstaff, Arizona; Eugene, Oregon; and Denver, Colorado, among others. 

If you are at a protest, putting your phone on airplane mode could help protect you from cell-site simulators and from apps on your phone disclosing your location, but might leave you vulnerable to advanced targeted attacks. For more advanced protection, turning your phone completely off protects against all radio based attacks, and also makes it harder for tools like Cellebrite to break into your phone as discussed above. But each individual will need to weigh their need for security from advanced radio based attacks against their need to document potential abuses through photo or video. For more information about protecting yourself at a protest, head over to SSD.

There is nothing you can do to change your face, which is why we need more stringent privacy laws such as Illinois Biometric Information Privacy Act.

Tying All the Data Together 

Last but not least, ICE uses tools to combine and search all this data along with the data on Americans they have acquired from private companies, the IRS, TSA, and other government databases. 

To search all this data, ICE uses ImmigrationOS, a system that came from a $30-million contract with Palantir. What Palantir does is hard to explain, even for people who work there, but essentially they are plumbers. Palantir makes it so that ICE has all the data they have acquired in one place so it’s easy to search through. Palantir links data from different databases, like IRS data, immigration records, and private databases, and enables ICE to view all of this data about a specific person in one place. 

Palantir makes it so that ICE has all the data they have acquired in one place so it’s easy to search through.

The true civil liberties nightmare of Palantir is that they enable governments to link data that should have never been linked. There are good civil liberties reasons why IRS data was never linked with immigration data and was never linked with social media data, but Palantir breaks those firewalls. Palantir has labeled themselves as a progressive, human rights centric company historically, but their recent actions have given them away as just another tech company enabling surveillance nightmares.

Threat Modeling When ICE Is Your Adversary 

 Understanding the capabilities and limits of ICE and how to threat model helps you and your community fight back, remain powerful, and protect yourself.

One of the most important things you can do is to not spread rumors and misinformation. Rumors like “ICE has malware so now everyone's phones are compromised” or “Palantir knows what you are doing all the time” or “Signal is broken” don’t help your community. It’s more useful to spread facts, ways to protect yourself, and ways to fight back. For information about how to create a security plan for yourself or your community, and other tips to protect yourself, read our Surveillance Self-Defense guides.

How EFF Is Fighting Back

One way to fight back against ICE is in the courts. EFF currently has a lawsuit against ICE over their pressure on Apple and Google to take down ICE spotting apps, like ICEBlock. We also represent multiple labor unions suing ICE over their social media surveillance practices

We have also demanded the San Francisco Police Department stop sharing data illegally with ICE, and issued a statement condemning the collaboration between ICE and the malware provider Paragon. We also continue to maintain our Rayhunter project for detecting cell-site simulators. 

Other civil liberties organizations are also suing ICE. ACLU has sued ICE over a subpoena to Meta attempting to identify the owner of an account providing advice to protestors, and another coalition of groups has thus far successfully sued the IRS to stop sharing taxpayer data with ICE

We need to have a hard look at the surveillance industry. It is a key enabler of vast and untold violations of human rights and civil liberties, and it continues to be used by aspiring autocrats to threaten our very democracy. As long as it exists, the surveillance industry, and the data it generates, will be an irresistible tool for anti-democratic forces.

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Posted by Melissa Srago

Age verification mandates are spreading fast, and they’re ushering in a new age of online surveillance, censorship, and exclusion for everyone—not just young people. Age-gating laws generally require websites and apps to collect sensitive data from every user, often through invasive tools like ID checks, biometric scans, or other dubious “estimation” methods, before granting them access to certain content or services. Lawmakers tout these laws as the silver-bullet solution to “kids’ online safety,” but in reality, age-verification mandates wall off large swaths of the web, build sweeping new surveillance infrastructure, increase the risk of data breaches and real-life privacy harms, and threaten the anonymity that has long allowed people to seek support, explore new ideas, and organize and build community online.

Join EFF's Rindala Alajaji and Alexis Hancock along with Hana Memon from Gen-Z for Change and Cynthia Conti-Cook from Collaborative Research Center for Resilience for a conversation about what we stand to lose as more and more governments push to age-gate the web. We’ll break down how these laws work, who they exclude, and how these mandates threaten privacy and free expression for people of all ages. The conversation will be followed by a live Q&A. 

EFFecting Change Livestream Series:
The Human Cost of Online Age Verification
Thursday, January 15th
12:00 PM - 1:00 PM Pacific
This event is LIVE and FREE!


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Posted by ARRAY(0x55d51555f230)

This guide was co-written by Andrew Zuker with support from the Heinrich Boell Foundation.

The U.S. government publishes volumes of detailed data on the money it spends, but searching through it and finding information can be challenging. Complex search functions and poor user interfaces on government reporting sites can hamper an investigation, as can inconsistent company profiles and complex corporate ownership structures. 

This week, EFF and the Heinrich Boell Foundation released an update to our database of vendors providing technology to components of the U.S. Department of Homeland Security (DHS), such as Immigration and Customs Enforcement (ICE) and Customs and Border Protections (CBP). It includes new vendor profiles, new fields, and updated data on top contractors, so that journalists and researchers have a jumping-off point for their own investigations.

Access the dataset through Google Sheets (Google's Privacy Policy applies) or download the Excel file here

This time we thought we would also share some of the research methods we developed while assembling this dataset.

This guide covers the key databases that store information on federal spending and contracts (often referred to as "awards"), government solicitations for products and services, and the government's "online shopping superstore," plus a few other deep-in-the-weeds datasets buried in the online bureaucracy. We have provided a step-by-step guide for searching these sites efficiently and help tips for finding information. While we have written this specifically with DHS agencies in mind, it should serve as a useful resource for procurement across the federal government. 


1. Procurement Sites: FPDS.gov and USASpending.Com 

Federal Procurement Data System - fpds.gov

The Federal Procurement Data System (FPDS) is the best place to start for finding out what companies are working with DHS. It is the official system for tracking federal discretionary spending and contains current data on contracts with non-governmental entities like corporations and private businesses. Award data is up-to-date and includes detailed information on vendors and awards which can be helpful when searching the other systems. It is a little bit old-school, but that often makes it one of the easiest and quickest sites to search, once you get the hang of it, since it offers a lot of options for narrowing search parameters to specific agencies, vendors, classification of services, etc. 

How to Use FDPS
To begin searching Awards for a particular vendor, click into the “ezSearch” field in the center of the page, delete or replace the text “Google-like search to help you find federal contracts…” with a vendor name or keywords, and hit Enter to begin a new search. 

The EZ Search landing page for FPDS.gov

A new tab will open automatically with exact matches at the top. 

A page of results for Google's contracts with the federal government.

Four “Top 10” modules on the left side of the page link to top results in descending order: Department Full Name, Contracting Agency Name, Full Legal Business Name, and Treasury Account Symbol. These ranked lists help the user quickly narrow in on departments and agencies that vendors do business with. DHS may not appear in the “Top 10” results, which may indicate that the vendor hasn’t yet been awarded DHS or subagency contracts.

For example, if you searched the term “FLIR”, as in Teledyne FLIR who make infrared surveillance systems used along the U.S.-Mexico border, DHS is the 2nd result in the “Top 10: Department Full Name” box. 

FDPS.gov results for FLIR with the agency full name sidebar highlighted.

To see all DHS contracts awarded to the vendor, click “Homeland Security, Department of” from the “Top 10 Department Full Name” module. When the page loads, you will see the subcomponents of DHS (e.g., ICE, CBP, or the U.S. Secret Service) in the lefthand menu. You can click on each of those to drill down even further. You can also drill down by choosing a company. 

Sorting options can be found on the right side of the page which offer the ability to refine and organize search results. One of the most useful is "Date Signed," which will arrange the results in chronological order. 

FPDS.gov results for FLIR with the sort by sidebar highlighted

You don't have to search by a company name. You can also use a product keyword, such as "LPR" (license plate reader). However, because keywords are not consistently used by government agencies, you will need to try various permutations to gather the most data. 

Each click or search filter adds a new term to the search both in the main field at the top and in the Search Criteria module on the right. They can be deleted by clicking the X next to the term in this module or by removing the text in the main search field.

FPDS.gov results with the sidebar for deselecting terms highlighted with an arrow.

For each contract item, you can click "View" to see the specific details. However, these pages don't have permalinks, so you'll want to print-to-pdf if you need to retain a permanent copy of the record. 

Often the vendor brand name we know from their marketing or news media is not the same entity that is awarded government contracts. Foreign companies in particular rely on partnerships with domestic entities that are established federal contractors. If you can’t find any spending records for a vendor, search the web for information on the company including acquisitions, partnerships, licensing agreements, parent companies, and subsidiaries. It is likely that one of these types of related companies is the contract holder. 

USA Spending - usaspending.gov

The Federal Funding and Accountability Act (FFATA) of 2006 and the DATA Act of 2014 require the government to publish all spending records and contracts on a single, searchable public website, including agency-specific contracts, using unified reporting standards to ensure consistent, reliable, searchable data. This led to the creation of USA Spending (usaspending.gov). 

USA Spending is populated with data from multiple sources including the Federal Procurement Data System (fpds.gov) and the System for Awards Management (sam.gov - which we'll discuss in the next section). It also compiles Treasury Reports and data from the financial systems of dozens of federal agencies. We relied heavily on Awards data from these systems to verify vendor information including contracts with the DHS and its subagencies such as CBP and ICE. 

USA Spending has a more modern interface, but is often very slow with the information often hidden in expandable menus. In many ways it is duplicative of FPDS, but with more features, including the ability to bookmark individual pages. We often found ourselves using FPDS to quickly identify data, and then using the "Award ID" number to find the specific record within USA Spending. 

USA Spending also has some visualizations and ways to analyze data in chart form, which is not possible with the largely text-based FPDS. 

How to Use USA Spending

To begin searching for DHS awards, click on either “Search Award Data” on the navigation bar, or the blue “Start Searching Awards”button. 

The landing page of USA Spending with arrows pointing to the search links.

On the left of the Search page are a list of drop down menus with options. You can enter a vendor name as a keyword, or expand the “Recipient” menu if you know the full company name or their Unique Entity Identifier (UEI) number. Expand the “Agency Tab” and enter DHS which will bring up the Department of Homeland Security Option.

USA Spending page with arrows pointing to the key search filters.

In the example below, we entered “Palantir Technologies” as a keyword, and selected DHS in the Agency dropdown:

Search results showing Palantir contracts

For vendors with hundreds of contracts that return many pages of results, consider adding more filters to the search such as a specific time period or specifying a Funding Agency such as ICE or CBP. In this example, the filters “Palantir Technologies” and “DHS” returned 13 results (at the time of publication). It is important to note that the search results table is larger than what displays in that module. You can scroll down to view more Awards and scroll to the right to see much more information. 

Scroll down outside of that module to reveal more info including modules for Results by Category, Results over Time, and Results by Geography, all of which can be viewed as a list or graph. 

USA Spending page with graphs and charts

Once you've identified a contract, you can click the "Prime Award ID" to see the granular details for each time. 

From the search, you can also select just the agency to see all the contracts on file. Each agency also has its own page showing a breakdown for every fiscal year of how much money they had to spend and which components spent the most. For example, here's DHS's page.

2. Contracting Opportunities  - SAM.gov  

So far we've talked about how to track contracts and spending, but now let's take a step back and look at how those contracts come to be. The System for Award Management, SAM.gov, is the site that allows companies to see what products and services the government intends to buy so they can bid on the contract. But SAM.gov is also open to the public, which means you can see the same information, including a detailed scope of a project and sometimes even technical details. 

How to Use Sam.gov

SAM.gov does not require an account for its basic contracting opportunity searches, but you may want to create one in order to save the things you find and to receive keyword- or agency-based alerts via email when new items of interest are posted. 

First you will click "Search" in the menu bar, which will bring you to this page: 

Search page on Sam.gov

We recommend selecting both "Active" and "Inactive" in the Status menu. Contracts quickly go inactive, and besides, sometimes the contracts you are most interested in are several years old. 

If you are researching a particular technology such as unmanned aerial vehicles, you might just type "unmanned" in the Simple Search bar. That will bring up every solicitation with that keyword across the federal government.

One of the most useful features is filtering by agency, while leaving the keyword search blank. This will return a running list of an agency's calls for bids and related procurement activities. It is worth checking regularly. For example, here's what CBP's looks like on a given day: 

Sam.gov results for Customs and Border Patrol

If you click on an item, you should next scroll down to see if there are attachments. These tend to contain the most details. Specifically, you should look for the term "SOW," the abbreviation for "Statement of Work." For example, here are the attachments for a CBP contracting opportunity for "Cellular Covert Cameras": 

Links for attachments

The first document is the Statement of Work, which tells you the exact brand, model, and number of devices they want to acquire: 

Line items for hundreds of Hyperfire cameras and related components.

The attachments also included a "BNO Justification." BNO stands for "Brand Name Only," and this document explains in even more detail why CBP wants that specific product:

Explanation of why the government wants to purchase this particular model of camera.

If you see the terms "Sole Source" in a listing, that also means that an agency has decided that only one product meets its requirements and it will not open bidding to other companies. 

In addition to contracting, many agencies announce "Industry Day" events, usually virtual, that members of the public can join. This is a unique opportunity to listen in on what contractors are being told by government purchasing officials. The presentation slides are also often later uploaded to the SAM.gov page. Occasionally, the list of attendees will also be posted, and you'll find several examples of those lists in our dataset.

3. The Government's "Superstore" - gsaadvantage.gov

Another way to investigate DHS purchasing is by browsing the catalog of items and services immediately available to them. The General Services Administration operates GSA Advantage, which it describes as "the government's central online shopping superstore." The website's search is open, allowing members of the public to view any vendors' offerings–including both products and services– easily as they would with any online marketplace. 

For example, you could search for "license plate reader" and produce a list of available products: 

Search results that show a license plate reader for sale for $995.

If you click "Advanced Search," you can also isolate every product available from a particular manufacturer. For example, here are the results when you search for products available from Skydio, a drone manufacturer.

Search results for 50 Skydio drone-related products

If you switch from "Products" to "Services" you can export datasets for each company about their offerings. For example, if you search for "Palantir" you'll get results that look like this:

Search results with companies offering Palantir-related services.

This means all these companies are offering some sort of Palantir-related services. If you click "Matches found in Terms and Conditions," you'll download a PDF with a lot of details about what the company offers. 

For example, here's a a screengrab from Anduril's documentation

A menu of surveillance towers with prices.

If you click "Matches Found in Price List" you'll download a spreadsheet that serves as a blueprint of what the company offers, including contract personnel. Here's a snippet from Palantir's: 

A spreadsheet with prices for various Palantir services.

4. Other Resources

Daily Public Report of Covered Contract Awards - Maybe FPDS isn't enough for you and you want to know every day what contracts have been signed. Buried in the DHS website are links to a daily feed of all contracts worth $4 million or more. It's available in XML, JSON, CSV and XLSX formats. 

DHS Acquisition Planning Forecast System (APFS) - DHS operates a site for vendors to learn about upcoming contracts greater than $350,000. You can sort by agency at a granular level,  such as upcoming projects by ICE Enforcement & Removal Operations. This is one to check regularly for updates. 

Results for a proposed contract for open source intelligence

DHS Artificial Intelligence Use Case Inventory - Many federal agencies are required to maintain datasets of "AI Use Cases." DHS has broken these out for each of its subcomponents, including ICE and CBP. Advanced users will find the spreadsheet versions of these inventory more interesting. 

Use case summary for surveillance towers

NASA Solutions for Enterprise-Wide Procurement (SEWP) - SEWP is a way for agencies to fast track acquisition of "Information Technology, Communication and Audio Visual" products through existing contracts. The site provides an index of existing contract holders, but the somewhat buried "Provider Lookup" has a more comprehensive list of companies involved in this type of contracting, illustrating how the companies serve as passthroughs for one another. Relatedly, DHS's list of "Prime Contractors" shows which companies hold master contracts with the agency and its components. 

List of resellers of Palantir technology

TechInquiry - Techinquiry is a small non-profit that aggregates records from a wide variety of sources about tech companies, particularly those involved in government contracting.