Missouri's Voter ID Law Struck Down
Judge Richard Callahan of Cole County Circuit Court ruled that Missouri's voter photo ID law created an unconstitutional burden on the right to vote. Missouri citizens challenged the voting ID law that required proof of lawful presence, proof of identity, and proof of residence to obtain a state ID. Although there was no cost for the state-issued ID document, the court found there were significant costs to complete the application process. In other voter ID news, Georgia's third attempt to establish a photo ID requirement was also declared unconstitutional by a federal court judge. For more information, see EPIC's page on Voting Privacy. (Sept. 15)

European and US Consumer Groups Urge Privacy Safeguards for Air Travel Information
The Trans Atlantic Consumer Dialogue has written to Homeland Security Secretary Michael Chertoff and European Commissioner Franco Frattini recommending the establishment of legal protections for passenger information collected by the US government. The letter follows an earlier statement from TACD that identified numerous risks to consumers that would result from the disclosure of detailed personal information. The TACD letter responds to Secretary Chertoff's recent call for increased government snooping. EPIC has filed a Freedom of Information Act request with the Department of Homeland Security regarding the program and whether adequate privacy safeguards have been established. The European Court of Justice earlier held that there was no legal basis for the Homeland Security program. For more information, see EPIC's air travel privacy page. (Sep. 13)

Arizona's Voter ID Law Known as the Strictest in the Nation Upheld
U.S. District Judge Roslyn O. Silver upheld Arizona's voter ID law in a
decision issued yesterday-one day before the law would be used for the
first time in a statewide election. That state imposes proof of citizenship
requirements on voters in the registration process and on Election Day.
The judge requested additional briefs and scheduled a hearing for October 19, but did not provide her reasoning behind the decision. The new voter ID requires is a result of Proposition 200 placed on a statewide ballot in 2004. According to the National Conference of State Legislatures 24 states have some form of ID requirement with only seven with a photo ID provision. This list does not include the state of Georgia whose voter photo ID law was ruled unconstitutional earlier this year. On Capitol Hill the House Committee on Administration is planning to hold a markup this Thursday of H.R. 4844, a bill to require voters to prove their citizenship and present photo ID prior to voting in any federal election. For more information, see EPIC'S Voting Privacy page. (Sept. 12)

HP Pretexting Fiasco Underscores Need for Clear Standards to Protect Phone Record Privacy
For more than a year, EPIC has urged policymakers in Washington to
address the growing problem of "pretexting," obtaining someone else's
personal information by fraudulent means. In a petition to the FCC in
2005, EPIC recommended that the FCC establish strong security standards for customer records. EPIC had also filed a complaint with the FTC urging a crackdown on the data broker industry. Earlier this year, EPIC testified in the House (pdf) and the Senate on the need for strong federal legislation to stop pretexting. More information at the EPIC page on Illegal Sale of Phone Records. (Sept.12)

EPIC, Privacy International Publish 2005 Privacy and Human Rights Report.
At a hearing of the Eminent Jurists Panel in Washington, DC, EPIC and PI released "Privacy and Human Rights: An International Survey of Privacy Laws and Developments." The 1,200 page report explores privacy developments around the globe and provides detailed information on emerging privacy topics. Executive summaries are available in Spanish, Russian, and Arabic. The report is available for sale. (Sep. 8)

5th Circuit to Hear DNA Dragnet Appeal
The Fifth Circuit Court of Appeals will be hearing oral arguments in Kohler v. Englade on September 7. The case involves a DNA dragnet, in which police demanded that over 1,200 men provide DNA samples in an investigation. When Shannon Kohler, one of the men caught in the dragnet, refused to give a sample, police obtained a warrant to seize a sample and notified the media that Kohler was a suspect in a series of rapes and murders. The police later cleared Kohler as a suspect in the investigation. Kohler then filed suit against the police department, alleging violations of his Fourth Amendment rights. Kohler asked for his DNA profile to be removed from any state or federal database and has requested damages for the invasion of his privacy. After a district court ruled against him, Kohler appealed to the Fifth Circuit. EPIC has filed a "friend of the court" brief (pdf) highlighting the ineffectiveness of DNA dragnets, as well as the constitutional violations they create. EPIC Executive Director Marc Rotenberg will be arguing before the court in support of Kohler's position. (Sep 5)

Senate Subcommittee Holds hearings on Airline Passenger Screening
On September 7, the Senate Subcommittee on Terrorism, Technology, and Homeland Security will hold a hearing on pre-screening international travelers who are flying into the United States. A Homeland Security program that acquired European passenger name records for pre-screening was opposed for its privacy violations by the European Parliament, and struck down by the European Court of Justice earlier this year. Homeland Security Secretary Chertoff has announced plans not only to revive the program, but also to expand certain aspects of it. For more information, see EPIC's Passenger Data page. (Sep. 5)

House Subcommittee Holds Hearings on Domestic Surveillance
On Wednesday, September 6, the Crime Subcommittee of the House Judiciary Committee will hold a hearing (pdf) on several proposals amending the Foreign Intelligence Surveillance Act ("FISA"). The proposals stem from revelations of a secret domestic surveillance program approved by the Bush administration in violation of FISA. Several bills are to be discussed, ranging from those that amend FISA to authorize the program to those that indicate that the program violates FISA. Another bill would require the administration submit a report to Congress requesting additional surveillance powers, while yet another would create a congressional commission to investigate the domestic surveillance programs and report upon their legality. (Sep. 5)

California RFID Bill Nears Approval
The California legislature has recently passed the Identity Information Protection Act, which requires that state-issued IDs that contain remotely-readable RFID chips must contain adequate security features to prevent them from being read by unauthorized parties. The bill now goes to Governor Schwarzenegger for approval. California civil liberties groups are urging residents to write the governor, encouraging him to sign the bill. (Sep. 1)

Government to Require Cars Warn of Data Recording
Car buyers will have to be notified if their car contains an Event Data Recorder (EDR), according to a new rule by the National Highway Traffic Safety Administration. EDRs, like "black boxes" used in airplanes, record information about a car's operation in the moments before a crash. The new rule, which goes into effect 2010, requires that cars equipped with EDRs must mention the usage in the owner's manual. The new rule also requires that all EDRs must record the same information and that they be more durable, but stops short of requiring them in all new vehicles. EPIC earlier filed comments urging stronger privacy safeguards. (Aug. 22)

DHS Seeks Expanded Access to Travelers' Data
The Department of Homeland Security recently proposed expanding a program that would transfer detailed airline passenger recordsbetween European airlines and the US government. In 2003, the Department secretly entered into an agreement with European governments to obtain personal information on European travelers to the United States. The European Parliament challenged the agreement and the European Court of Justice recently ruled that the agreement lacked a legal basis. Negotiators have until September 30 to come up with a program that complies with European privacy law. (Aug. 22)

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