Heres what the staff of the Technology and Press Freedom Project at the Reporters Committee for Freedom of the Press is tracking this week.
Last Wednesday, the Senate passed an amendment to the Foreign Intelligence Surveillance Act that would addimportant protections for the news media.
The amendment, sponsored by Sens. Mike Lee (R-Utah) and Patrick Leahy (D-Vt.), would specifically expand the use of amicus curiae court-appointed experts who represent the interests of individual privacy and civil liberties in the Foreign Intelligence Surveillance Court. While current law requires the appointment of an amicus curiae only when the court is presented with a novel or significant interpretation of the law, the amendment would expand mandatory appointment to other scenarios, including the rare case that presents or involves an investigative matter involving the activities of the domestic news media. (The court could decline to appoint an amicus if it issues a finding that such an appointment would not be appropriate.)
Before the Senate vote, the Reporters Committee sent aletterto the Senate in support of the Lee-Leahy amendment. The amendment passed with broad bipartisan support, 77 to 19. It will now be added to the broader intelligence bill theUSA FREEDOM Reauthorization Act and introduced for a vote in the House of Representatives.
Another amendment, which the Reporters Committee also supported,failedby just one vote. Sponsored by Sens. Steve Daines (R-Mont.) and Ron Wyden (D-Ore.), it would have prohibited applications under the FISA business records provision that seek internet website browsing information or internet search history information.
Echoing theargumentit made inUnited States v. Carpenter the Supreme Court case that imposed a warrant requirement for more than a week of cell site location information the Reporters Committee explained in its letter that web browsing information can likewise expose sources and journalistic methods [and] can put sources jobs and lives at risk, compromise the integrity of the newsgathering process, and have a chilling effect on reporting.
Jordan Murov-Goodman
The Reporters Committee, represented by the First Amendment Amicus Brief Clinic at the UCLA School of Law, recently filed afriend-of-the-court briefin a case involving a public records request by Georgetown law schools Center on Privacy & Technologyto the New York Police Department for records regarding the departments use of facial recognition technology. The NYPD released some records but later said that certain records were mistakenly disclosed. Not only did the trial court order CPT to return some of the inadvertently disclosed records, it also prohibited the think tank from referring to or referencing the documents, which the appellate division affirmed. The Reporters Committees briefarguesthat CPT should be granted leave to appeal to the New York Court of Appeals because the order is an unconstitutional prior restraint.
TechCrunchreportedlast week that the workplace messenger app Slack has confirmed that it has started to remove metadata, including location information, from photos shared on the platform. The move could provide additional security for users such as journalists who might have to rely on the messaging service to correspond with sensitive sources.
Social media platforms continue to grapple with how to address the rapid spread of misinformation about COVID-19, with Facebook and Instagramremovinga conspiracy-focused video called Plandemic from their platforms and rejecting ads that include it. YouTube has similarly removed uploads of the video for violating Community Guidelines. Twitter alsoannouncedlast Monday that it will label and potentially remove misleading, disputed, or unverified tweets about COVID-19.
The Department of Homeland Security recentlyannouncedthat Chinese journalists working for non-American news outlets and seeking to report from the U.S. would be limited to 90-day work visas, with the possibility of extensions. Previously, DHS granted open-ended, single-entry stays to such journalists. Some have noted the change is likely a result of mounting tension between the Trump administration and China, particularly around COVID-19, that has resulted in retaliation by both countries against journalists from the other country.
Surveillance software company NSO Groups North American branch attempted to sell its phone-hacking technology to at least one U.S. police department, Vices Motherboardreported. An anonymous former employee explained to Motherboard that this technology was the same as that used by foreign governments, including Saudi Arabia in surveilling associates of murdered Washington Post Global Opinions contributing columnist Jamal Khashoggi.
Responding to public scrutiny and several lawsuits, facial recognition technology firm Clearview AIstatedthat it will terminate its contracts with private companies, instead selling its software solely to government and law enforcement customers. Lawyers representing plaintiffs in at least one lawsuit, as well as privacy advocates, say the companys move does not go far enough, leaving in place a system that exposes nearly everyone to continued privacy harms.
Smart reads
The Washington Post Magazine published anadapted excerptfrom reporter Barton Gellmans upcoming book about how he met National Security Agency whistleblower Edward Snowden and broke the news about the U.S. surveillance program.
The MIT Technology Review has developed aCovid Tracing Trackerdatabase to increase public awareness of the privacy practices of different apps purporting to assist in contact tracing.
Gif of the Week:This weeks newsletter is just the surveillance-heavy newsletter.
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The Technology and Press Freedom Project at the Reporters Committee for Freedom of the Press uses integrated advocacy combining the law, policy analysis, and public education to defend and promote press rights on issues at the intersection of technology and press freedom, such as reporter-source confidentiality protections, electronic surveillance law and policy, and content regulation online and in other media. TPFP is directed by Reporters Committee Attorney Gabe Rottman. He works with Stanton Foundation National Security/Free Press Fellow Linda Moon and Legal Fellows Jordan Murov-Goodman and Lyndsey Wajert.
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This Week in Technology + Press Freedom: May 17, 2020 - Reporters Committee for Freedom of the Press
- College sued for stopping students from handing out Constitution - April 26th, 2014 [April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony - April 26th, 2014 [April 26th, 2014]
- China toughens environment law to target polluters - April 26th, 2014 [April 26th, 2014]
- 1st Amendment - Laws - April 26th, 2014 [April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video - April 26th, 2014 [April 26th, 2014]
- Supreme Court Preview/Review #2 - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video - April 26th, 2014 [April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video - April 26th, 2014 [April 26th, 2014]
- Political Correctness vs First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video - April 26th, 2014 [April 26th, 2014]
- The First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- [USA] First Amendment abused - Video - April 27th, 2014 [April 27th, 2014]
- Cliven Bundy and the First Amendment - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video - April 27th, 2014 [April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video - April 27th, 2014 [April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech - April 28th, 2014 [April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video - April 28th, 2014 [April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video - April 28th, 2014 [April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage - April 29th, 2014 [April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns - April 29th, 2014 [April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights - April 29th, 2014 [April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes - April 29th, 2014 [April 29th, 2014]
- PBL in Journalism I, 2014 - Video - April 29th, 2014 [April 29th, 2014]
- John Dukes on First Amendment - Video - April 29th, 2014 [April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. - April 30th, 2014 [April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding - May 1st, 2014 [May 1st, 2014]
- What happened to Sterling was morally wrong - May 1st, 2014 [May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution - May 1st, 2014 [May 1st, 2014]
- Donald Sterling is my HERO - Video - May 1st, 2014 [May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video - May 1st, 2014 [May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video - May 1st, 2014 [May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video - May 1st, 2014 [May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video - May 1st, 2014 [May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video - May 1st, 2014 [May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 1st, 2014 [May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial - May 1st, 2014 [May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video - May 1st, 2014 [May 1st, 2014]
- First Amendment common sense - May 2nd, 2014 [May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video - May 3rd, 2014 [May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video - May 3rd, 2014 [May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video - May 4th, 2014 [May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video - May 4th, 2014 [May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video - May 4th, 2014 [May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video - May 4th, 2014 [May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video - May 5th, 2014 [May 5th, 2014]
- Endangered Speeches - Video - May 5th, 2014 [May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video - May 6th, 2014 [May 6th, 2014]
- first amendment rights - Video - May 6th, 2014 [May 6th, 2014]
- News media challenges ban on journalism drones - May 6th, 2014 [May 6th, 2014]
- WHAT FIRST AMENDMENT - Video - May 6th, 2014 [May 6th, 2014]
- Letter: First Amendment rights trampled - May 8th, 2014 [May 8th, 2014]
- News outlets say US drone ban breaches First Amendment - May 8th, 2014 [May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme - May 8th, 2014 [May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video - May 8th, 2014 [May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video - May 8th, 2014 [May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video - May 9th, 2014 [May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video - May 9th, 2014 [May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington - May 9th, 2014 [May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video - May 10th, 2014 [May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video - May 10th, 2014 [May 10th, 2014]
- History Project: First Amendment. - Video - May 10th, 2014 [May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video - May 11th, 2014 [May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video - May 11th, 2014 [May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment - May 12th, 2014 [May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video - May 12th, 2014 [May 12th, 2014]
- City Charter amendment passes 581-556 - May 15th, 2014 [May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video - May 15th, 2014 [May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video - May 15th, 2014 [May 15th, 2014]
- Facebook SUCKS! - Video - May 15th, 2014 [May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment - May 16th, 2014 [May 16th, 2014]
- Reid backs campaign spending limit - May 16th, 2014 [May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video - May 16th, 2014 [May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment - May 18th, 2014 [May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video - May 18th, 2014 [May 18th, 2014]