بایگانی دسته: United States Legislation

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Seize a Rare Second Chance to Pass the Email Privacy Act

The Email Privacy Act we brought to your attention in past blog posts has been revived in the House-passed version of the National Defense Authorization Act (NDAA). The bill will provide warrant protections, requiring all law enforcement agents who seek access to emails, chats or online traded messages from companies like Google, Facebook, Dropbox, Apple or any other major electronic message or cloud provider for a person’s data to first obtain a probable cause warrant.
As Vice President for Policy at the Center for Democracy & Technology (CDT) Chris Calabrese explains, the Electronic Communications Privacy Act has not seen significant revisions since the late eighties, which puts U.S. law leaps and bounds behind Internet advancement. 
Golden Frog has renewed our commitment to the coalition with our signature on a letter in support of the bill, as it is virtually indistinguishable from H.R. 699. The full content of the letter to the Armed Services Committee is available here, but some notable inclusions are: 

The Act updates the Electronic Communications Privacy Act (ECPA), the law that sets standards for government access to private internet communications, to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.” 

The bill would end ECPA’s arbitrary “180-day rule,” which permits email communications to be obtained without a warrant after 180 days. The Act would also reject the Department of Justice interpretation of ECPA that the act of opening an email removes it from warrant protection. 

What Can You Do? 
Contact your Senator now and tell them to support the Email Privacy Act and urge that it be included in the final NDAA without change. You can find your senator using this tool, then click the link below their name labeled “Contact” to contact them: Find your Senator now. 
Learn more about the ECPA. 

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The Right to Privacy and Internet Freedom

We’ve long said that encryption is a right, describing it as the “second amendment for the Internet.” In addition to encryption we have other rights as Internet users, including the right to access a free and open Internet and to communicate with others online – or first amendment rights. It seems some of these rights may be at risk, so we’d like to review some fundamental rights of the Internet as prescribed by the United States constitution.
First Amendment Rights
The first amendment protects a variety of rights, including the freedom of speech and free press. These rights prevail in today’s digital age, with first amendment protections afforded to Internet users. As we explore in our Vision Paper, everyone has a right to a free and open Internet. This means an Internet devoid of restrictions or censorship, that offers equal access to all users regardless of location, carrier or income. The ability to communicate freely online – both in regards to the content of communicaitons and self-expression and in regards the ability to access the Internet, is another essential right. Many organizations promote human rights campaigns around Internet access, including Access Now’s Keep It On campaign.
Second Amendment Rights
The second amendment offers the right to protect oneself (literally, to bear arms) – and these protections can be extended to Internet users. As a company that stands for privacy, we believe that privacy is a fundamental right. Everyone has the right to protect themselves and their privacy online – and encryption is a great way to do so. In this sense, encryption is the second amendment for the Internet. Golden Frog offers tools to achieve this protection, and we are incorporated in Switzerland where privacy is respected under strong laws. These thoughts have been echoed by many others, including Open Democracy.
Fourth Amendment Rights
The fourth amendment provides protections for people and their property against unreasonable search/seizures, and includes requirement for appropriate warrants. These fourth amendment rights are also applicable in the digital age, in regards to the collection and viewing of electronic information of Internet and mobile users. People have a right to their privacy and personal information without the threat of intrusion or surveillance without a warrant. As a company we are in opposition to unwarranted mass surveillance practices, and we oppose legislation (the recently passed Rule 41, for example) which may threaten these rights. Everyone has a right to privacy without the threat of warrantless mass surveillance.
Conclusion
At Golden Frog we are pleased to offer a tool – VyprVPN – that enables people to access an unrestricted Internet and communicate in a free and private way. By utilizing encryption, we provide access to a private, secure free and open Internet, respecting the fundamental rights of Internet users in the United States and around the world.

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Email Privacy Act Reintroduced in the House: Show Your Support Now

Congressmen Kevin Yoder and Jared Polis dropped the Email Privacy Act (H.R. 699) yesterday, reintroducing the bill in the House.
The Email Privacy Act previously passed the House of Representatives in April 2016, without opposition and widely supported as a bipartisan piece of legislation. The final vote was 28-0.  The Email Privacy Act is the policy update to ECPA (Electronic Communications Privacy Act), which governs how and when the government can view electronic communications, or the privacy of these documents. The communication methods include email, as well as documents stored in the cloud. ECPA was originally written in 1986, and is grossly outdated when you consider the technological advances and shifts in communication since then.
We’re pleased to see the Email Privacy Act being pushed forward, and again affirm our support for this legislation. As the bill received widespread support last year, we hope to see it garner the same support in this Congress. We urge everyone to take into consideration the value of personal communications, and the importance of protecting privacy in today’s digital age. In addition to providing some much needed privacy protections, the Email Privacy Act also represents the importance and necessity of updating legislation to respond to changing trends and innovations in the technology industry and the world at large – especially for the cloud computing industry and businesses.
We urge the speedy passage of the Email Privacy Act, as an update to ECPA is more than long overdue. Last year, we signed on to a coalition letter organized by our friends at CDT supporting the legislation (in addition to other previous efforts on ECPA), and we will continue to support it as it moves forward. Information on how you can get involved is included below.
Get Involved
Help support the Email Privacy Act and push it into law. Contact your representative and urge them to support the Email Privacy Act now.
Visit: http://www.house.gov/representatives/
Find your representative, searching by zip code or address
Contact your representative
Tell them to support the Email Privacy Act, with its current language
What is ECPA and Why Does it Need Reform? 
ECPA sets the rules for when police and the government can read our email, look at our photos and access other content stored in the cloud. ECPA has remained unchanged since it was originally passed – in 1986. This is concerning considering the huge and widespread technological advances that have taken place since then, which have left our communications open to unwarranted government intrusion and privacy violations. As the law is currently written, government and law enforcement officials can access personal communications and documents in remote storage in the cloud after 90 days with merely a subpoena, meaning no prior consideration from a judge is necessary. This opens the door for government snooping and privacy violations, as well as threatens fourth amendment rights. Learn more about ECPA reform, legislation, and previous efforts to move the Email Privacy Act forward.
 

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Rule 41 Becomes Law, Expands FBI Hacking Powers

Rule 41 went into effect in the United States on December 1, 2016. This legislation grants the United States FBI more hacking powers, giving them the ability to search multiple computers across the USA with only a single warrant. Previously, they could only search within the district where the warrant was issued. The rule also explicitly mentions those who use means to try to mask their location or identity (Tor, VPNs, etc.), and gives the government broader authority to look into these individuals during investigations by expanding the jurisdiction of warrants. The purpose of this rule is to fight hacking and botnets, but as with many similar pieces of legislation, it has created quite a stir due to privacy concerns and the sweeping authority it grants.
Rule 41 & VPN Use
As stated above, the expanded Rule 41 powers will allow the FBI more flexibility in obtaining warrants during investigations, as the warrants are no longer limited by the jurisdiction (area) of the user or the server. Tools like VPNs were specifically mentioned as part of the legislation, as they can be used to mask physical location. Two of the main concerns about the amendments to Rule 41 include:
Because VPNs and other tools conceal information like data, it’s not possible for the FBI to determine the person’s true jurisdiction is if they are using a VPN. Without a VPN, they could more easily identify the jurisdiction of the server or user.
Rule 41 could make it easier to get a warrant, as people can seek warrants from a much larger amount of locations, even with less information (for example, they may not know the users’ true location initially, but may still obtain the warrant as the jurisdiction for using it is expanded).
Golden Frog still has the same policies in place in regards to providing information on users when requested by court order. As stated in our privacy policy, “Golden Frog will not sell or otherwise release a member’s identifying information – minimal information reasonably calculated to identify and no more – or usage information to investigators, attorneys, or agencies unless we are directed to do so by a court of competent jurisdiction in the matter.”
While Rule 41 grants the FBI greater hacking power, the actual requirement for the warrant and the way that Golden Frog responds to the warrant are not any different under the amendments to Rule 41.

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