PERA Remains a Serious Threat to Efforts Against Bad Patents

1 hour 46 minutes ago

As all things old are new again, a bill that would make obtaining bad patents easier and harder to challenge is being considered in the Senate Judiciary Committee. The Patent Eligibility Restoration Act (PERA) would reverse over a decade of progress in fighting patent trolls and making the patent system more balanced.

PERA would overturn long-standing court decisions that have helped keep some of the most problematic patents in check. This includes the Supreme Court’s Alice v. CLS Bank decision, which bars patents on abstract ideas. While Alice has not completely solved the problems of the patent system or patent trolling, it has led to the rejection of hundreds of low-quality software patents and, as a result, has allowed innovation and small businesses to grow.

Thanks to the Alice decision, courts have invalidated a rogue’s gallery of terrible software patents—such as patents on online photo contests, online bingo, upselling, matchmaking, and scavenger hunts. These patents didn’t describe real inventions—they merely applied old ideas to general-purpose computers. But PERA would wipe out the Alice framework and replace it with vague, hollow exceptions, taking us back to an era where patent trolls and large corporate patent-holders aggressively harassed software developers and small companies.

This bill, combined with recent changes that have restricted access to the Patent Trial and Appeal Board (PTAB), would create a perfect storm—giving patent trolls and major corporations with large patent portfolios free rein to squeeze out independent inventors and small businesses.

EFF is proud to join a letter, along with Engine, the Public Interest Patent Law Institute, Public Knowledge, and R Street, to the Senate Judiciary Committee opposing this poorly-timed and concerning bill. We urge the committee to instead focus on restoring the PTAB as the accessible, efficient check on patent quality that Congress intended.

Katharine Trendacosta

Opt Out October: Daily Tips to Protect Your Privacy and Security

5 hours 32 minutes ago

Trying to take control of your online privacy can feel like a full-time job. But if you break it up into small tasks and take on one project at a time it makes the process of protecting your privacy much easier. This month we’re going to do just that. For the month of October, we’ll update this post with new tips every weekday that show various ways you can opt yourself out of the ways tech giants surveil you.

Online privacy isn’t dead. But the tech giants make it a pain in the butt to achieve. With these incremental tweaks to the services we use, we can throw sand in the gears of the surveillance machine and opt out of the ways tech companies attempt to optimize us into advertisement and content viewing machines. We’re also pushing companies to make more privacy-protective defaults the norm, but until that happens, the onus is on all of us to dig into the settings.

All month long we’ll share tips, including some with the help from our friends at Consumer Reports’ Security Planner tool. Use the Table of Contents here to jump straight to any tip.

Table of Contents

Tip 1: Establish Good Digital Hygiene

Before we can get into the privacy weeds, we need to first establish strong basics. Namely, two security fundamentals: using strong passwords (a password manager helps simplify this) and two-factor authentication for your online accounts. Together, they can significantly improve your online privacy by making it much harder for your data to fall into the hands of a stranger.

Using unique passwords for every web login means that if your account information ends up in a data breach, it won’t give bad actors an easy way to unlock your other accounts. Since it’s impossible for all of us to remember a unique password for every login we have, most people will want to use a password manager, which generates and stores those passwords for you.

Two-factor authentication is the second lock on those same accounts. In order to login to, say, Facebook for the first time on a particular computer, you’ll need to provide a password and a “second factor,” usually an always-changing numeric code generated in an app or sent to you on another device. This makes it much harder for someone else to get into your account because it’s less likely they’ll have both a password and the temporary code.

This can be a little overwhelming to get started if you’re new to online privacy! Aside from our guides on Surveillance Self-Defense, we recommend taking a look at Consumer Reports’ Security Planner for ways to help you get started setting up your first password manager and turning on two-factor authentication.

Tip 2: Learn What a Data Broker Knows About You

Hundreds of data brokers you’ve never heard of are harvesting and selling your personal information. This can include your address, online activity, financial transactions, relationships, and even your location history. Once sold, your data can be abused by scammers, advertisers, predatory companies, and even law enforcement agencies.

Data brokers build detailed profiles of our lives but try to keep their own practices hidden. Fortunately, several state privacy laws give you the right to see what information these companies have collected about you. You can exercise this right by submitting a data access request to a data broker. Even if you live in a state without privacy legislation, some data brokers will still respond to your request.

There are hundreds of known data brokers, but here are a few major ones to start with:

Data brokers have been caught ignoring privacy laws, so there’s a chance you won’t get a response. If you do, you’ll learn what information the data broker has collected about you and the categories of third parties they’ve sold it to. If the results motivate you to take more privacy action, encourage your friends and family to do the same. Don’t let data brokers keep their spying a secret.

You can also ask data brokers to delete your data, with or without an access request. We’ll get to that later this month and explain how to do this with people-search sites, a category of data brokers.

Tip 3: Disable Ad Tracking on iPhone and Android

Picture this: you’re doomscrolling and spot a t-shirt you love. Later, you mention it to a friend and suddenly see an ad for that exact shirt in another app. The natural question pops into your head: “Is my phone listening to me?” Take a sigh of relief because, no, your phone is not listening to you. But advertisers are using shady tactics to profile your interests. Here’s an easy way to fight back: disable the ad identifier on your phone to make it harder for advertisers and data brokers to track you.

Disable Ad Tracking on iOS and iPadOS:

  • Open Settings > Privacy & Security > Tracking, and turn off “Allow Apps to Request to Track.”
  • Open Settings > Privacy & Security > Apple Advertising, and disable “Personalized Ads” to also stop some of Apple’s internal tracking for apps like the App Store. 
  • If you use Safari, go to Settings > Apps > Safari > Advanced and disable “Privacy Preserving Ad Measurement.”

Disable Ad Tracking on Android:

  • Open Settings > Security & privacy > Privacy controls > Ads, and tap “Delete advertising ID.”
  • While you’re at it, run through Google’s “Privacy Checkup” to review what info other Google services—like YouTube or your location—may be sharing with advertisers and data brokers.

These quick settings changes can help keep bad actors from spying on you. For a deeper dive on securing your iPhone or Android device, be sure to check out our full Surveillance Self-Defense guides.

Tip 4: Declutter Your Apps

Decluttering is all the rage for optimizers and organizers alike, but did you know a cleansing sweep through your apps can also help your privacy? Apps collect a lot of data, often in the background when you are not using them. This can be a prime way companies harvest your information, and then repackage and sell it to other companies you've never heard of. Having a lot of apps increases the peepholes that companies can gain into your personal life. 

Do you need three airline apps when you're not even traveling? Or the app for that hotel chain you stayed in once? It's best to delete that app and cut off their access to your information. In an ideal world, app makers would not process any of your data unless strictly necessary to give you what you asked for. Until then, to do an app audit:

  • Look through the apps you have and identify ones you rarely open or barely use. 
  • Long-press on apps that you don't use anymore and delete or uninstall them when a menu pops up. 
  • Even on apps you keep, take a swing through the location, microphone, or camera permissions for each of them. For iOS devices you can follow these instructions to find that menu. For Android, check out this instructions page.

If you delete an app and later find you need it, you can always redownload it. Try giving some apps the boot today to gain some memory space and some peace of mind.

Tip 5: Disable Behavioral Ads on Amazon

Happy Amazon Prime Day! Let’s celebrate by taking back a piece of our privacy.

Amazon collects an astounding amount of information about your shopping habits. While the only way to truly free yourself from the company’s all-seeing eye is to never shop there, there is something you can do to disrupt some of that data use: tell Amazon to stop using your data to market more things to you (these settings are for US users and may not be available in all countries).

  • Log into your Amazon account, then click “Account & Lists” under your name. 
  • Scroll down to the “Communication and Content” section and click “Advertising preferences” (or just click this link to head directly there).
  • Click the option next to “Do not show me interest-based ads provided by Amazon.”
  • You may want to also delete the data Amazon already collected, so click the “Delete ad data” button.

This setting will turn off the personalized ads based on what Amazon infers about you, though you will likely still see recommendations based on your past purchases at Amazon.

Of course, Amazon sells a lot of other products. If you own an Alexa, now’s a good time to review the few remaining privacy options available to you after the company took away the ability to disable voice recordings. Kindle users might want to turn off some of the data usage tracking. And if you own a Ring camera, consider enabling end-to-end encryption to ensure you’re in control of the recording, not the company. 

Tip 6: Install Privacy Badger to Block Online Trackers

Every time you browse the web, you’re being tracked. Most websites contain invisible tracking code that lets companies collect and profit from your data. That data can end up in the hands of advertisers, data brokers, scammers, and even government agencies. Privacy Badger, EFF’s free browser extension, can help you fight back.

Privacy Badger automatically blocks hidden trackers to stop companies from spying on you online. It also tells websites not to share or sell your data by sending the “Global Privacy Control” signal, which is legally binding under some state privacy laws. Privacy Badger has evolved over the past decade to fight various methods of online tracking. Whether you want to protect your sensitive information from data brokers or just don’t want Big Tech monetizing your data, Privacy Badger has your back.

Visit privacybadger.org to install Privacy Badger.

It’s available on Chrome, Firefox, Edge, and Opera for desktop devices and Firefox and Edge for Android devices. Once installed, all of Privacy Badger’s features work automatically. There’s no setup required! If blocking harmful trackers ends up breaking something on a website, you can easily turn off Privacy Badger for that site while maintaining privacy protections everywhere else.

When you install Privacy Badger, you’re not just protecting yourself—you’re joining EFF and millions of other users in the fight against online surveillance.

Tip 7: Review Location Tracking Settings

Data brokers don’t just collect information on your purchases and browsing history. Mobile apps that have the location permission turned on will deliver your coordinates to third parties in exchange for insights or monetary kickbacks. Even when they don’t deliver that data directly to data brokers, if the app serves ad space, your location will be delivered in real-time bid requests not only to those wishing to place an ad, but to all participants in the ad auction—even if they lose the bid. Location data brokers take part in these auctions just to harvest location data en masse, without any intention of buying ad space.

Luckily, you can change a few settings to protect yourself against this hoovering of your whereabouts. You can use iOS or Android tools to audit an app’s permissions, providing clarity on who is providing what info to whom. You can then go to the apps that don’t need your location data and disable their access to that data (you can always change your mind later if it turns out location access was useful). You can also disable real-time location tracking by putting your phone into airplane mode, while still being able to navigate using offline maps. And by disabling mobile advertising identifiers (see tip three), you break the chain that links your location from one moment to the next.

Finally, for particularly sensitive situations you may want to bring an entirely separate, single-purpose device which you’ve kept clean of unneeded apps and locked down settings on. Similar in concept to a burner phone, even if this single-purpose device does manage to gather data on you, it can only tell a partial story about you—all the other data linking you to your normal activities will be kept separate.

For details on how you can follow these tips and more on your own devices, check out our more extensive post on the topic.

Come back tomorrow for another tip!

Thorin Klosowski

EFF and Other Organizations: Keep Key Intelligence Positions Senate Confirmed

1 day 2 hours ago

In a joint letter to the ranking members of the House and Senate intelligence committees, EFF has joined with 20 other organizations, including the ACLU, Brennan Center, CDT, Asian Americans Advancing Justice, and Demand Progress, to express opposition to a rule change that would seriously weaken accountability in the intelligence community. Specifically, under the proposed Senate Intelligence Authorization Act, S. 2342, the general counsels of the Central Intelligence Agency (CIA) and the Office of the Director of National Intelligence (ODNI) would no longer be subject to Senate confirmation.

You can read the entire letter here

In theory, having the most important legal thinkers at these secretive agencies—the ones who presumably tell an agency if something is legal or not—approved or rejected by the Senate allows elected officials the chance to vet candidates and their beliefs. If, for instance, a confirmation hearing had uncovered that a proposed general counsel for the CIA thinks it's not only legal, but morally justifiable for the agency to spy on US persons on US soil because of their political or religious beliefs–then the Senate would have the chance to reject that person. 

As the letter says, “The general counsels of the CIA and ODNI wield extraordinary influence, and they do so entirely in secret, shaping policies on surveillance, detention, interrogation, and other highly consequential national security matters. Moreover, they are the ones primarily responsible for determining the boundaries of what these agencies may lawfully do. The scope of this power and the fact that it occurs outside of public view is why Senate confirmation is so important.” 

It is for this reason that EFF and our ally organizations urge Congress to remove this provision from the Senate Intelligence Authorization Act.

Matthew Guariglia

How to File a Privacy Complaint in California

1 day 23 hours ago

Privacy laws are only as strong as their enforcement. In California, the state’s privacy agency recently issued its largest-ever fine for violation of the state’s privacy law—and all because of a consumer complaint.

The state’s  privacy law, the California Consumer Privacy Act or CCPA, requires many companies to respect California customers' and job applicants' rights to know, delete and correct information that businesses collect about them, and to opt-out of some types of sharing and use. It also requires companies to give notice of these rights, along with other information, to customers, job applicants, and others. (Bonus tip: Have a complaint about something else, such as a data breach? Go to the CA Attorney General.)

If you’re a Californian and think a business isn’t obeying the law, then the best thing to do is tell someone who can do something about it. How? It’s easy. In fewer than a dozen questions, you can share enough information to get the agency started.

Start With the Basics

First, head to the California Privacy Protection Agency’s website at cppa.ca.gov. On the front page, you’ll see an option to “File a Complaint.” Click on that option.

That button takes you to the online complaint form. You can also print out the agency’s paper complaint form here.

The complaint form starts, fittingly, by explaining the agency’s own privacy practices. Then it gets down to business by asking for information about your situation.

The first question offers a list of rights people have under the CCPA, such as a right to delete or a right to correct sensitive personal information. So, for example, if you’ve asked ABC Company to delete your information, but they have refused, you’d select “Right to Delete.” This helps the agency categorize your complaint and tie it directly to the requirements in the law.  The form then asks for the names of businesses, contractors, or people you want to report.

It also asks whether you’re a California resident. If you’re unsure, because you split residency or for other reasons, there is an “Unsure” option.

Adding the Details

From there, the form asks for more detailed information about what’s happened. There is a character limit on this question, so you’ll have to choose your words carefully. If you can, check out the agency’s FAQ on how to write a successful complaint before you submit the form. This will help you be specific and tell the agency what they need to hear to act on your complaint.

In the next question, include information about any proof you have supporting your complaint. So, for example, you could tell the agency you have your email asking ABC Company to delete your information, and also a screenshot of proof that they haven’t erased it. Or, say “I spoke to a person on the phone on this date.” This should just be a list of information you have, rather than a place to paste in emails or attach images.

The form will also ask if you’ve directly contacted the business about your complaint. You can just answer yes or no to this question. If it’s an issue such as a company not posting a privacy notice, or something similar, it may not have made sense to contact them directly. But if you made a deletion request, you probably have contacted them about it.

Anonymous or Not?

Finally, the complaint form will ask you to make either an “unsworn complaint” or a “sworn complaint.” This choice affects how you’ll be involved in the process going forward. You can file an anonymous unsworn complaint. But that will mean the agency can’t contact you about the issue in the future, since they don’t have any of your information.

For a sworn complaint, you have to provide some contact information and confirm that what you’re saying is true and that you’d swear to it in court.

Just because you submit contact information, that doesn’t mean the agency will contact you. Investigations are usually confidential, until there’s something like a settlement to announce. But we’ve seen that consumer complaints can be the spark for an investigation. It’s important for all of us to speak up, because it really does make a difference.

Hayley Tsukayama

California Targets Tractor Supply's Tricky Tracking

1 day 23 hours ago

The California Privacy Protection Agency (CPPA) issued a record fine earlier this month to Tractor Supply, the country’s self-proclaimed largest “rural lifestyle” retailer, for apparently ducking its responsibilities under the California Consumer Privacy Act. Under that law, companies are required to respect California customers’ and job applicants’ rights to know, delete, and correct information that businesses collect about them, and to opt-out of some types of sharing and use. The law also requires companies to give notice of these rights, along with other information, to customers, job applicants, and others. The CPPA said that Tractor Supply failed several of these requirements. This is the first time the agency has enforced this data privacy law to protect job applicants. Perhaps best of all, the company's practices came to light all thanks to a consumer complaint filed with the agency.

Your complaints matter—so keep speaking up. 

Tractor Supply, which has 2,500 stores in 49 states, will pay for their actions to the tune of $1,350,000—the largest fine the agency has issued to date. Specifically, the agency said, Tractor Supply violated the law by:

  • Failing to maintain a privacy policy that notified consumers of their rights;
  • Failing to notify California job applicants of their privacy rights and how to exercise them;
  • Failing to provide consumers with an effective mechanism to opt-out of the selling and sharing of their personal information, including through opt-out preference signals such as Global Privacy Control; and
  • Disclosing personal information to other companies without entering into contracts that contain privacy protections.

In addition to the fine, the company also must take an inventory of its digital properties and tracking technologies and will have to certify its compliance with the California privacy law for the next four years.

It may surprise people to see that the agency’s most aggressive fine isn’t levied on a large technology company, data broker, or advertising company. But this case merely highlights what anyone who uses the internet knows: practically every company is tracking your online behavior. 

The agency may be trying to make exactly this point by zeroing in on Tractor Supply. In its press release on the fine, the agency's top enforcer was clear that they'll be casting a wide net. 

 “We will continue to look broadly across industries to identify violations of California’s privacy law,” said Michael Macko, the Agency’s head of enforcement. “We made it an enforcement priority to investigate whether businesses are properly implementing privacy rights, and this action underscores our ongoing commitment to doing that for consumers and job applicants alike.”

It is encouraging to see the agency stand up for Californians’ rights. For years, we have said privacy laws are only as strong as their enforcement. Ideally we'd like to see privacy laws—including California’s—include a private right to action to let anyone sue for privacy violations, in addition to enforcement actions like this one from regulators. Since individuals can't stand up for the majority of their own privacy rights in California, however, it's even more important that regulators such as the CPPA are active, strategic, and bold. 

It also highlights why it's important for people like you to submit complaints to regulators. As the agency itself said, “The CPPA opened an investigation into Tractor Supply’s privacy practices after receiving a complaint from a consumer in Placerville, California.” Your complaints matter—so keep speaking up

Hayley Tsukayama

Flock Safety and Texas Sheriff Claimed License Plate Search Was for a Missing Person. It Was an Abortion Investigation.

2 days 8 hours ago

New documents and court records obtained by EFF show that Texas deputies queried Flock Safety's surveillance data in an abortion investigation, contradicting the narrative promoted by the company and the Johnson County Sheriff that she was “being searched for as a missing person,” and that “it was about her safety.” 

The new information shows that deputies had initiated a "death investigation" of a "non-viable fetus," logged evidence of a woman’s self-managed abortion, and consulted prosecutors about possibly charging her. 

Johnson County Sheriff Adam King repeatedly denied the automated license plate reader (ALPR) search was related to enforcing Texas's abortion ban, and Flock Safety called media accounts "false," "misleading" and "clickbait." However, according to a sworn affidavit by the lead detective, the case was in fact a death investigation in response to a report of an abortion, and deputies collected documentation of the abortion from the "reporting person," her alleged romantic partner. The death investigation remained open for weeks, with detectives interviewing the woman and reviewing her text messages about the abortion. 

The documents show that the Johnson County District Attorney's Office informed deputies that "the State could not statutorily charge [her] for taking the pill to cause the abortion or miscarriage of the non-viable fetus."

An excerpt from the JCSO detective's sworn affidavit.

The records include previously unreported details about the case that shocked public officials and reproductive justice advocates across the country when it was first reported by 404 Media in May. The case serves as a clear warning sign that when data from ALPRs is shared across state lines, it can put people at risk, including abortion seekers. And, in this case, the use may have run afoul of laws in Washington and Illinois.

A False Narrative Emerges

Last May, 404 Media obtained data revealing the Johnson County Sheriff’s Office conducted a nationwide search of more than 83,000 Flock ALPR cameras, giving the reason in the search log: “had an abortion, search for female.” Both the Sheriff's Office and Flock Safety have attempted to downplay the search as akin to a search for a missing person, claiming deputies were only looking for the woman to “check on her welfare” and that officers found a large amount of blood at the scene – a claim now contradicted by the responding investigator’s affidavit. Flock Safety went so far as to assert that journalists and advocates covering the story intentionally misrepresented the facts, describing it as "misreporting" and "clickbait-driven." 

As Flock wrote of EFF's previous commentary on this case (bold in original statement): 

Earlier this month, there was purposefully misleading reporting that a Texas police officer with the Johnson County Sheriff’s Office used LPR “to target people seeking reproductive healthcare.” This organization is actively perpetuating narratives that have been proven false, even after the record has been corrected.

According to the Sheriff in Johnson County himself, this claim is unequivocally false.

… No charges were ever filed against the woman and she was never under criminal investigation by Johnson County. She was being searched for as a missing person, not as a suspect of a crime.

That sheriff has since been arrested and indicted on felony counts in an unrelated sexual harassment and whistleblower retaliation case. He has also been charged with aggravated perjury for allegedly lying to a grand jury. EFF filed public records requests with Johnson County to obtain a more definitive account of events.

The newly released incident report and affidavit unequivocally describe the case as a "death investigation" of a "non-viable fetus." These documents also undermine the claim that the ALPR search was in response to a medical emergency, since, in fact, the abortion had occurred more than two weeks before deputies were called to investigate. 

In recent years, anti-abortion advocates and prosecutors have increasingly attempted to use “fetal homicide” and “wrongful death” statutes – originally intended to protect pregnant people from violence – to criminalize abortion and pregnancy loss. These laws, which exist in dozens of states, establish legal personhood of fetuses and can be weaponized against people who end their own pregnancies or experience a miscarriage. 

In fact, a new report from Pregnancy Justice found that in just the first two years since the Supreme Court’s decision in Dobbs, prosecutors initiated at least 412 cases charging pregnant people with crimes related to pregnancy, pregnancy loss, or birth–most under child neglect, endangerment, or abuse laws that were never intended to target pregnant people. Nine cases included allegations around individuals’ abortions, such as possession of abortion medication or attempts to obtain an abortion–instances just like this one. The report also highlights how, in many instances, prosecutors use tangentially related criminal charges to punish people for abortion, even when abortion itself is not illegal.

By framing their investigation of a self-administered abortion as a “death investigation” of a “non-viable fetus,” Texas law enforcement was signaling their intent to treat the woman’s self-managed abortion as a potential homicide, even though Texas law does not allow criminal charges to be brought against an individual for self-managing their own abortion. 

The Investigator's Sworn Account

Over two days in April, the woman went through the process of taking medication to induce an abortion. Two weeks later, her partner–who would later be charged with domestic violence against her–reported her to the sheriff's office. 

The documents confirm that the woman was not present at the home when the deputies “responded to the death (Non-viable fetus).” As part of the investigation, officers collected evidence that the man had assembled of the self-managed abortion, including photographs, the FedEx envelope the medication arrived in, and the instructions for self-administering the medication. 

Another Johnson County official ran two searches through the ALPR database with the note "had an abortion, search for female," according to Flock Safety search logs obtained by EFF. The first search, which has not been previously reported, probed 1,295 Flock Safety networks–composed of 17,684 different cameras–going back one week. The second search, which was originally exposed by 404 Media, was expanded to a full month of data across 6,809 networks, including 83,345 cameras. Both searches listed the same case number that appears on the death investigation/incident report obtained by EFF. 

After collecting the evidence from the woman’s partner, the investigators say they consulted the district attorney’s office, only to be told they could not press charges against the woman. 

An excerpt from the JCSO detective's sworn affidavit.

Nevertheless, when the subject showed up at the Sheriff’s office a week later, officers were under the impression that she came to “to tell her side of the story about the non-viable fetus.” They interviewed her, inspected text messages about the abortion on her phone, and watched her write a timeline of events. 

Only after all that did they learn that she actually wanted to report a violent assault by her partner–the same individual who had called the police to report her abortion. She alleged that less than an hour after the abortion, he choked her, put a gun to her head, and made her beg for her life. The man was ultimately charged in connection with the assault, and the case is ongoing. 

This documented account runs completely counter to what law enforcement and Flock have said publicly about the case. 

Johnson County Sheriff Adam King told 404 media: "Her family was worried that she was going to bleed to death, and we were trying to find her to get her to a hospital.” He later told the Dallas Morning News: “We were just trying to check on her welfare and get her to the doctor if needed, or to the hospital."

The account by the detective on the scene makes no mention of concerned family members or a medical investigator. To the contrary, the affidavit says that they questioned the man as to why he "waited so long to report the incident," and he responded that he needed to "process the event and call his family attorney." The ALPR search was recorded 2.5 hours after the initial call came in, as documented in the investigation report.

The Desk Sergeant's Report—One Month Later

EFF obtained a separate "case supplemental report" written by the sergeant who says he ran the May 9 ALPR searches. 

The sergeant was not present at the scene, and his account was written belatedly on June 5, almost a month after the incident and nearly a week after 404 Media had already published the sheriff’s alternative account of the Flock Safety search, kicking off a national controversy. The sheriff's office provided this sergeant's report to Dallas Morning News

In the report, the sergeant claims that the officers on the ground asked him to start "looking up" the woman due to there being "a large amount of blood" found at the residence—an unsubstantiated claim that is in conflict with the lead investigator’s affidavit. The sergeant repeatedly expresses that the situation was "not making sense." He claims he was worried that the partner had hurt the woman and her children, so "to check their welfare," he used TransUnion's TLO commercial investigative database system to look up her address. Once he identified her vehicle, he ran the plate through the Flock database, returning hits in Dallas.

Two abortion-related searches in the JCSO's Flock Safety ALPR audit log

The sergeant's report, filed after the case attracted media attention, notably omits any mention of the abortion at the center of the investigation, although it does note that the caller claimed to have found a fetus. The report does not explain, or even address, why the sergeant used the phrase "had an abortion, search for female” as the official reason for the ALPR searches in the audit log. 

It's also unclear why the sergeant submitted the supplemental report at all, weeks after the incident. By that time, the lead investigator had already filed a sworn affidavit that contradicted the sergeant's account. For example, the investigator, who was on the scene, does not describe finding any blood or taking blood samples into evidence, only photographs of what the partner believed to be the fetus. 

One area where they concur: both reports are clearly marked as a "death investigation." 

Correcting the Record

Since 404 Media first reported on this case, King has perpetuated the false narrative, telling reporters that the woman was never under investigation, that officers had not considered charges against her, and that "it was all about her safety."

But here are the facts: 

  • The reports that have been released so far describe this as a death investigation.
  • The lead detective described himself as "working a death investigation… of a non-viable fetus" at the time he interviewed the woman (a week after the ALPR searches).
  • The detective wrote that they consulted the district attorney's office about whether they could charge her for "taking the pill to cause the abortion or miscarriage of the non-viable fetus." They were told they could not.
  • Investigators collected a lot of data, including photos and documentation of the abortion, and ran her through multiple databases. They even reviewed her text messages about the abortion. 
  • The death investigation was open for more than a month.

The death investigation was only marked closed in mid-June, weeks after 404 Media's article and a mere days before the Dallas Morning News published its report, in which the sheriff inaccurately claimed the woman "was not under investigation at any point."

Flock has promoted this unsupported narrative on its blog and in multimedia appearances. We did not reach out to Flock for comment on this article, as their communications director previously told us the company will not answer our inquiries until we "correct the record and admit to your audience that you purposefully spread misinformation which you know to be untrue" about this case. 

Consider the record corrected: It turns out the truth is even more damning than initially reported.

The Aftermath

In the aftermath of the original reporting, government officials began to take action. The networks searched by Johnson County included cameras in Illinois and Washington state, both states where abortion access is protected by law. Since then: 

  • The Illinois Secretary of State has announced his intent to “crack down on unlawful use of license plate reader data,” and urged the state’s Attorney General to investigate the matter. 
  • In California, which also has prohibitions on sharing ALPR out of state and for abortion-ban enforcement, the legislature cited the case in support of pending legislation to restrict ALPR use.
  • Ranking Members of the House Oversight Committee and one of its subcommittees launched a formal investigation into Flock’s role in “enabling invasive surveillance practices that threaten the privacy, safety, and civil liberties of women, immigrants, and other vulnerable Americans.” 
  • Senator Ron Wyden secured a commitment from Flock to protect Oregonians' data from out-of-state immigration and abortion-related queries.

In response to mounting pressure, Flock announced a series of new features supposedly designed to prevent future abuses. These include blocking “impermissible” searches, requiring that all searches include a “reason,” and implementing AI-driven audit alerts to flag suspicious activity. But as we've detailed elsewhere, these measures are cosmetic at best—easily circumvented by officers using vague search terms or reusing legitimate case numbers. The fundamental architecture that enabled the abuse remains unchanged. 

Meanwhile, as the news continued to harm the company's sales, Flock CEO Garrett Langley embarked on a press tour to smear reporters and others who had raised alarms about the usage. In an interview with Forbes, he even doubled down and extolled the use of the ALPR in this case. 

So when I look at this, I go “this is everything’s working as it should be.” A family was concerned for a family member. They used Flock to help find her, when she could have been unwell. She was physically okay, which is great. But due to the political climate, this was really good clickbait.

Nothing about this is working as it should, but it is working as Flock designed. 

The Danger of Unchecked Surveillance

Flock Safety ALPR cameras

This case reveals the fundamental danger of allowing companies like Flock Safety to build massive, interconnected surveillance networks that can be searched across state lines with minimal oversight. When a single search query can access more than 83,000 cameras spanning almost the entire country, the potential for abuse is staggering, particularly when weaponized against people seeking reproductive healthcare. 

The searches in this case may have violated laws in states like Washington and Illinois, where restrictions exist specifically to prevent this kind of surveillance overreach. But those protections mean nothing when a Texas deputy can access cameras in those states with a few keystrokes, without external review that the search is legal and legitimate under local law. In this case, external agencies should have seen the word "abortion" and questioned the search, but the next time an officer is investigating such a case, they may use a more vague or misleading term to justify the search. In fact, it's possible it has already happened. 

ALPRs were marketed to the public as tools to find stolen cars and locate missing persons. Instead, they've become a dragnet that allows law enforcement to track anyone, anywhere, for any reason—including investigating people's healthcare decisions. This case makes clear that neither the companies profiting from this technology nor the agencies deploying it can be trusted to tell the full story about how it's being used.

States must ban law enforcement from using ALPRs to investigate healthcare decisions and prohibit sharing data across state lines. Local governments may try remedies like reducing data retention period to minutes instead of weeks or months—but, really, ending their ALPR programs altogether is the strongest way to protect their most vulnerable constituents. Without these safeguards, every license plate scan becomes a potential weapon against a person seeking healthcare.

Dave Maass

What Europe’s New Gig Work Law Means for Unions and Technology

6 days 2 hours ago

At EFF, we believe that tech rights are worker’s rights. Since the pandemic, workers of all kinds have been subjected to increasingly invasive forms of bossware. These are the “algorithmic management” tools that surveil workers on and off the job, often running on devices that (nominally) belong to workers, hijacking our phones and laptops. On the job, digital technology can become both a system of ubiquitous surveillance and a means of total control.

Enter the EU’s Platform Work Directive (PWD). The PWD was finalized in 2024, and every EU member state will have to implement (“transpose”) it by 2026. The PWD contains far-reaching measures to protect workers from abuse, wage theft, and other unfair working conditions.

But the PWD isn’t self-enforcing! Over the decades that EFF has fought for user rights, we’ve proved that having a legal right on paper isn’t the same as having that right in the real world. And workers are rarely positioned to take on their bosses in court or at a regulatory body. To do that, they need advocates.

That’s where unions come in. Unions are well-positioned to defend their members – and all workers (EFF employees are proudly organized under the International Federation of Professional and Technical Engineers).

The European Trade Union Confederation has just published “Negotiating the Algorithm,” a visionary – but detailed and down-to-earth – manual for unions seeking to leverage the PWD to protect and advance workers’ interests in Europe.

The report notes the alarming growth of algorithmic management, with 79% of European firms employing some form of bossware. Report author Ben Wray enumerates many of the harms of algorithmic management, such as “algorithmic wage discrimination,” where each worker is offered a different payscale based on surveillance data that is used to infer how economically desperate they are.

Algorithmic management tools can also be used for wage theft, for example, by systematically undercounting the distances traveled by delivery drivers or riders. These tools can also subject workers to danger by penalizing workers who deviate from prescribed tasks (for example, when riders are downranked for taking an alternate route to avoid a traffic accident).

Gig workers live under the constant threat of being “deactivated” (kicked off the app) and feel pressure to do unpaid work for clients who can threaten their livelihoods with one-star reviews. Workers also face automated de-activation: a whole host of “anti-fraud” tripwires can see workers de-activated without appeal. These risks do not befall all workers equally: Black and brown workers face a disproportionate risk of de-activation when they fail facial recognition checks meant to prevent workers from sharing an account (facial recognition systems make more errors when dealing with darker skin tones).

Algorithmic management is typically accompanied by a raft of cost-cutting measures, and workers under algorithmic management often find that their employer’s human resources department has been replaced with chatbots, web-forms, and seemingly unattended email boxes. When algorithmic management goes wrong, workers struggle to reach a human being who can hear their appeal.

For these reasons and more, the ETUC believes that unions need to invest in technical capacity to protect workers’ interests in the age of algorithmic management.

The report sets out many technological activities that unions can get involved with. At the most basic level, unions can invest in developing analytical capabilities, so that when they request logs from algorithmic management systems as part of a labor dispute, they can independently analyze those files.

But that’s just table-stakes. Unions should also consider investing in “counter apps” that help workers. There are workers that act as an external check on employers’ automation, like the UberCheats app, which double-checked the mileage that Uber drivers were paid for. There are apps that enable gig workers to collectively refuse lowball offers, raising the prevailing wage for all the workers in a region, such as the Brazilian StopClub app. Indonesian gig riders have a wide range of “tuyul” apps that let them modify the functionality of their dispatch apps. We love this kind of “adversarial interoperability.” Any time the users of technology get to decide how it works, we celebrate. And in the US, this sort of tech-enabled collective action by workers is likely to be shielded from antitrust liability even if the workers involved are classified as independent contractors.

Developing in-house tech teams also gives unions the know-how to develop the tools for organizers and workers to coordinate their efforts to protect workers. The report acknowledges that this is a lot of tech work to ask individual unions to fund, and it moots the possibility of unions forming cooperative ventures to do this work for the unions in the co-op. At EFF, we regularly hear from skilled people who want to become public interest technologists, and we bet there’d be plenty of people who’d jump at the chance to do this work.

The new Platform Work Directive gives workers and their representatives the right to challenge automated decision-making, to peer inside the algorithms used to dispatch and pay workers, to speak to a responsible human about disputes, and to have their privacy and other fundamental rights protected on the job. It represents a big step forward for workers’ rights in the digital age.

But as the European Trade Union Confederation’s report reminds us, these rights are only as good as workers’ ability to claim them. After 35 years of standing up for people’s digital rights, we couldn’t agree more.

Cory Doctorow

Tile’s Lack of Encryption Is a Danger for Users Everywhere

6 days 3 hours ago

In research shared with Wired this week, security researchers detailed a series of vulnerabilities and design flaws with Life360’s Tile Bluetooth trackers that make it easy for stalkers and the company itself to track the location of Tile devices.

Tile trackers are small Bluetooth trackers, similar to Apple’s Airtags, but they work on their own network, not Apple’s. We’ve been raising concerns about these types of trackers since they were first introduced and provide guidance for finding them if you think someone is using them to track you without your knowledge.

EFF has worked on improving the Detecting Unwanted Location Trackers standard that Apple, Google, and Samsung use, and these companies have at least made incremental improvements. But Tile has done little to mitigate the concerns we’ve raised around stalkers using their devices to track people.

One of the core fundamentals of that standard is that Bluetooth trackers should rotate their MAC address, making them harder for a third-party to track, and that they should encrypt information sent. According to the researchers, Tile does neither.

This has a direct impact on the privacy of legitimate users and opens the device up to potentially even more dangerous stalking. Tile devices do have a rotating ID, but since the MAC address is static and unencrypted, anyone in the vicinity could pick up and track that Bluetooth device.

Other Bluetooth trackers don’t broadcast their MAC address, and instead use only a rotating ID, which makes it much harder for someone to record and track the movement of that tag. Apple, Google, and Samsung also all use end-to-end encryption when data about the location is sent to the companies’ servers, meaning the companies themselves cannot access that information.

In its privacy policy, Life360 states that, “You are the only one with the ability to see your Tile location and your device location.” But if the information from a tracker is sent to and stored by Tile in cleartext (i.e. unencrypted text) as the researchers believe, then the company itself can see the location of the tags and their owners, turning them from single item trackers into surveillance tools.

There are also issues with the “anti-theft mode” that Tile offers. The anti-theft setting hides the tracker from Tile’s “Scan and Secure” detection feature, so it can’t be easily found using the app. Ostensibly this is a feature meant to make it harder for a thief to just use the app to locate a tracker. In exchange for enabling the anti-theft feature, a user has to submit a photo ID and agree to pay a $1 million fine if they’re convicted of misusing the tracker.

But that’s only helpful if the stalker gets caught, which is a lot less likely when the person being tracked can’t use the anti-stalking protection feature in the app to find the tracker following them. As we’ve said before, it is impossible to make an anti-theft device that secretly notifies only the owner without also making a perfect tool for stalking.

Life360, the company that owns Tile, told Wired it “made a number of improvements” after the researchers reported them, but did not detail what those improvements are.

Many of these issues would be mitigated by doing what their competition is already doing: encrypting the broadcasts from its Bluetooth trackers and randomizing MAC addresses. Every company involved in the location tracker industry business has the responsibility to create a safeguard for people, not just for their lost keys.

Thorin Klosowski

Hey, San Francisco, There Should be Consequences When Police Spy Illegally

6 days 3 hours ago

A San Francisco supervisor has proposed that police and other city agencies should have no financial consequences for breaking a landmark surveillance oversight law. In 2019, organizations from across the city worked together to help pass that law, which required law enforcement to get the approval of democratically elected officials before they bought and used new spying technologies. Bit by bit, the San Francisco Police Department and the Board of Supervisors have weakened that law—but one important feature of the law remained: if city officials are caught breaking this law, residents can sue to enforce it, and if they prevail they are entitled to attorney fees. 

Now Supervisor Matt Dorsey believes that this important accountability feature is “incentivizing baseless but costly lawsuits that have already squandered hundreds of thousands of taxpayer dollars over bogus alleged violations of a law that has been an onerous mess since it was first enacted.” 

Between 2010 and 2023, San Francisco had to spend roughly $70 million to settle civil suits brought against the SFPD for alleged misconduct ranging from shooting city residents to wrongfully firing whistleblowers. This is not “squandered” money; it is compensating people for injury. We are all governed by laws and are all expected to act accordingly—police are not exempt from consequences for using their power wrongfully. In the 21st century, this accountability must extend to using powerful surveillance technology responsibly. 

The ability to sue a police department when they violate the law is called a “private right of action” and it is absolutely essential to enforcing the law. Government officials tasked with making other government officials turn square corners will rarely have sufficient resources to do the job alone, and often they will not want to blow the whistle on peers. But city residents empowered to bring a private right of action typically cannot do the job alone, either—they need a lawyer to represent them. So private rights of action provide for an attorney fee award to people who win these cases. This is a routine part of scores of public interest laws involving civil rights, labor safeguards, environmental protection, and more.

Without an enforcement mechanism to hold police accountable, many will just ignore the law. They’ve done it before. AB 481 is a California state law that requires police to get elected official approval before attempting to acquire military equipment, including drones. The SFPD knowingly ignored this law. If it had an enforcement mechanism, more police would follow the rules. 

President Trump recently included San Francisco in a list of cities he would like the military to occupy. Law enforcement agencies across the country, either willingly or by compulsion, have been collaborating with federal agencies operating at the behest of the White House. So it would be best for cities to keep their co-optable surveillance infrastructure small, transparent, and accountable. With authoritarianism looming, now is not the time to make police less hard to control—especially considering SFPD has already disclosed surveillance data to Immigration and Customs Enforcement (ICE) in violation of California state law.  

We’re calling on the Board of Supervisors to reject Supervisor Dorsey’s proposal. If police want to avoid being sued and forced to pay the prevailing party’s attorney fees, they should avoid breaking the laws that govern police surveillance in the city.

Related Cases: Williams v. San Francisco
Matthew Guariglia

#StopCensoringAbortion: What We Learned and Where We Go From Here

6 days 14 hours ago

This is the tenth and final installment in a blog series documenting EFF's findings from the Stop Censoring Abortion campaign. You can read additional posts here. 

When we launched Stop Censoring Abortion, our goals were to understand how social media platforms were silencing abortion-related content, gather data and lift up stories of censorship, and hold social media companies accountable for the harm they have caused to the reproductive rights movement.

Thanks to nearly 100 submissions from educators, advocates, clinics, researchers, and individuals around the world, we confirmed what many already suspected: this speech is being removed, restricted, and silenced by platforms at an alarming rate. Together, our findings paint a clear picture of censorship in action: platforms’ moderation systems are not only broken, but are actively harming those seeking and sharing vital reproductive health information.

Here are the key lessons from this campaign: what we uncovered, how platforms can do better, and why pushing back against this censorship matters more now than ever.

Lessons Learned

Across our submissions, we saw systemic over-enforcement, vague and convoluted policies, arbitrary takedowns, sudden account bans, and ignored appeals. And in almost every case we reviewed, the posts and accounts in question did not violate any of the platform’s stated rules.

The most common reason Meta gave for removing abortion-related content was that it violated policies on Restricted Goods and Services, which prohibit any “attempts to buy, sell, trade, donate, gift or ask for pharmaceutical drugs.” But most of the content submitted simply provided factual, educational information that clearly did not violate those rules. As we saw in the M+A Hotline’s case, this kind of misclassification deprives patients, advocates, and researchers of reliable information, and chills those trying to provide accurate and life-saving reproductive health resources.

In one submission, we even saw posts sharing educational abortion resources get flagged under the “Dangerous Organizations and Individuals” policy, a rule intended to prevent terrorism and criminal activity. We’ve seen this policy cause problems in the past, but in the reproductive health space, treating legal and accurate information as violent or unlawful only adds needless stigma and confusion.

Meta’s convoluted advertising policies add another layer of harm. There are specific, additional rules users must navigate to post paid content about abortion. While many of these rules still contain exceptions for purely educational content, Meta is vague about how and when those exceptions apply. And ads that seem like they should have been allowed were frequently flagged under rules about “prescription drugs” or “social issues.” This patchwork of unclear policies forces users to second-guess what content they can post or promote for fear of losing access to their networks.

In another troubling trend, many of our submitters reported experiencing shadowbanning and de-ranking, where posts weren’t removed but were instead quietly suppressed by the algorithm. This kind of suppression leaves advocates without any notice, explanation, or recourse—and severely limits their ability to reach people who need the information most.  

Many users also faced sudden account bans without warning or clear justification. Though Meta’s policies dictate that an account should only be disabled or removed after “repeated” violations, organizations like Women Help Women received no warning before seeing their critical connections cut off overnight.

Finally, we learned that Meta’s enforcement outcomes were deeply inconsistent. Users often had their appeals denied and accounts suspended until someone with insider access to Meta could intervene. For example, the Red River’s Women’s Clinic, RISE at Emory, and Aid Access each had their accounts restored only after press attention or personal contacts stepped in. This reliance on backchannels underscores the inequity in Meta’s moderation processes: without connections, users are left unfairly silenced.

It’s Not Just Meta

Most of our submissions detailed suppression that took place on one of Meta’s platforms (Facebook, Instagram, Whatsapp and Threads), so we decided to focus our analysis on Meta’s moderation policies and practices. But we should note that this problem is by no means confined to Meta.

On LinkedIn, for example, Stephanie Tillman told us about how she had her entire account permanently taken down, with nothing more than a vague notice that she had violated LinkedIn’s User Agreement. When Stephanie reached out to ask what violation she committed, LinkedIn responded that “due to our Privacy Policy we are unable to release our findings,” leaving her with no clarity or recourse. Stephanie suspects that the ban was related to her work with Repro TLC, an advocacy and clinical health care organization, and/or her posts relating to her personal business, Feminist Midwife LLC. But LinkedIn’s opaque enforcement meant she had no way to confirm these suspicions, and no path to restoring her account.

Screenshot submitted by Stephanie Tillman to EFF (with personal information redacted by EFF)

And over on Tiktok, Brenna Miller, a creator who works in health care and frequently posts about abortion, posted a video of her “unboxing” an abortion pill care package from Carafem. Though Brenna’s video was factual and straightforward, TikTok removed it, saying that she had violated TikTok’s Community Guidelines.

Screenshot submitted by Brenna Miller to EFF

Brenna appealed the removal successfully at first, but a few weeks later the video was permanently deleted—this time, without any explanation or chance to appeal again.

Brenna’s far from the only one experiencing censorship on TikTok. Even Jessica Valenti, award-winning writer, activist, and author of the Abortion Every Day newsletter, recently had a video taken down from TikTok for violating its community guidelines, with no further explanation. The video she posted was about the Trump administration calling IUDs and the Pill ‘abortifacients.’ Jessica wrote:

Which rule did I break? Well, they didn’t say: but I wasn’t trying to sell anything, the video didn’t feature nudity, and I didn’t publish any violence. By process of elimination, that means the video was likely taken down as "misinformation." Which is…ironic.

These are not isolated incidents. In the Center for Intimacy Justice’s survey of reproductive rights advocates, health organizations, sex educators, and businesses, 63% reported having content removed on Meta platforms, 55% reported the same on TikTok, and 66% reported having ads rejected from Google platforms (including YouTube). Clearly, censorship of abortion-related content is a systemic problem across platforms.

How Platforms Can Do Better on Abortion-Related Speech

Based on our findings, we're calling on platforms to take these concrete steps to improve moderation of abortion-related speech:

  • Publish clear policies. Users should not have to guess whether their speech is allowed or not.
  • Enforce rules consistently. If a post does not violate a written standard, it should not be removed.
  • Provide real transparency. Enforcement decisions must come with clear, detailed explanations and meaningful opportunities to appeal.
  • Guarantee functional appeals. Users must be able to challenge wrongful takedowns without relying on insider contacts.
  • Expand human review. Reproductive rights is a nuanced issue and can be too complex to be left entirely to error-prone automated moderation systems.
Practical Tips for Users

Don’t get it twisted: Users should not have to worry about their posts being deleted or their accounts getting banned when they share factual information that doesn’t violate platform policies. The onus is on platforms to get it together and uphold their commitments to users. But while platforms continue to fail, we’ve provided some practical tips to reduce the risk of takedowns, including:

  • Consider limiting commonly flagged words and images. Posts with pill images or certain keyword combinations (like “abortion,” “pill,” and “mail”) were often flagged.
  • Be as clear as possible. Vague phrases like “we can help you get what you need” might look like drug sales to an algorithm.
  • Be careful with links. Direct links to pill providers were often flagged. Spell out the links instead.
  • Expect stricter rules for ads. Boosted posts face harsher scrutiny than regular posts.
  • Appeal wrongful enforcement decisions. Requesting an appeal might get you a human moderator or, even better, review from Meta’s independent Oversight Board.
  • Document everything and back up your content. Screenshot all communications and enforcement decisions so you can share them with the press or advocacy groups, and export your data regularly in case your account vanishes overnight.
Keep Fighting

Abortion information saves lives, and social media is the primary—and sometimes only—way for advocates and providers to get accurate information out to the masses. But now we have evidence that this censorship is widespread, unjustified, and harming communities who need access to this information most.

Platforms must be held accountable for these harms, and advocates must continue to speak out. The more we push back—through campaigns, reporting, policy advocacy, and user action—the harder it will be for platforms to look away.

So keep speaking out, and keep demanding accountability. Platforms need to know we're paying attention—and we won't stop fighting until everyone can share information about abortion freely, safely, and without fear of being silenced.

This is the tenth and final post in our blog series documenting the findings from our Stop Censoring Abortion campaign. Read more at https://www.eff.org/pages/stop-censoring-abortion.  

Affected by unjust censorship? Share your story using the hashtag #StopCensoringAbortion. Amplify censored posts and accounts, share screenshots of removals and platform messages—together, we can demonstrate how these policies harm real people. 

Molly Buckley

Tips to Protect Your Posts About Reproductive Health From Being Removed

1 week ago

This is the ninth installment in a blog series documenting EFF’s findings from the Stop Censoring Abortion campaign. You can read additional posts here.  

Meta has been getting content moderation wrong for years, like most platforms that host user-generated content. Sometimes it’s a result of deliberate design choices—privacy rollbacks, opaque policies, features that prioritize growth over safety—made even when the company knows that those choices could negatively impact users. Other times, it’s simply the inevitable outcome of trying to govern billions of posts with a mix of algorithms and overstretched human reviewers. Importantly, users shouldn’t have to worry about their posts being deleted or their accounts getting banned when they share factual health information that doesn’t violate the platforms' policies. But knowing more about what the algorithmic moderation is likely to flag can help you to avoid its mistakes. 

We analyzed the roughly one-hundred survey submissions we received from social media users in response to our Stop Censoring Abortion campaign. Their stories revealed some clear patterns: certain words, images, and phrases seemed to trigger takedowns, even when posts didn’t come close to violating Meta’s rules. 

For example, your post linking to information on how people are accessing abortion pills online clearly is not an offer to buy or sell pills, but an algorithm, or a human content reviewer who doesn’t know for sure, might wrongly flag it for violating Meta’s policies on promoting or selling “restricted goods.” 

That doesn’t mean you’re powerless. For years, people have used “algospeak”—creative spelling, euphemisms, or indirection—to sidestep platform filters. Abortion rights advocates are now forced into similar strategies, even when their speech is perfectly legal. It’s not fair, but it might help you keep your content online. Here are some things we learned from our survey: 

Practical Tips to Reduce the Risk of Takedowns 

While traditional social media platforms can help people reach larger audiences, using them also generally means you have to hand over control of what you and others are able to see to the people who run the company. This is the deal that large platforms offer—and while most of us want platforms to moderate some content (even if that moderation is imperfect), current systems of moderation often reflect existing societal power imbalances and impact marginalized voices the most. 

There are ways companies and governments could better balance the power between users and platforms. In the meantime, there are steps you can take right now to break the hold these platforms have:   

  • Images and keywords matter. Posts with pill images, or accounts with “pill” in their names, were flagged often—even when the posts weren’t offering to sell medication. Before posting, consider whether you need to include an image of, or the word “pill,” or whether there’s another way to communicate your message. 
  • Clarity beats vagueness. Saying “we can help you find what you need” or “contact me for more info” might sound innocuous, but to an algorithm, it can look like an offer to sell drugs. Spell out what kind of support you do and don’t provide—for example: “We can talk through options and point you toward trusted resources. We don’t provide medical services or medication.” 
  • Be careful with links. Direct links to organizations or services that provide abortion pills were often flagged, even if the organizations operate legally. Instead of linking, try spelling out the name of the site or account. 
  • Certain word combos are red flags. Posts that included words like “mifepristone,” “abortion,” and “mail” together were frequently removed. You may still want to use them—they’re accurate and important—but know they make your post more likely to be flagged. 
Alternatives and Backups 

Big platforms give you reach, but they also set the rules—and those rules usually favor corporate interests over human rights. You don’t have to accept that as the only way forward: 

  • Keep a backup. Export your data regularly so you’re not left empty-handed if your account disappears overnight. 
  • Build your own space. Hosting a website isn’t free, but it puts you in control. 
  • Push for interoperability. Imagine being able to take your audience with you when you leave a platform. That’s the future we should be fighting for. (For more on interoperability and Meta, check out this video where Cory Doctorow explains what an interoperable Facebook would look like.) 
Protect Your Privacy 

If you’re working in abortion access—whether as a provider, activist, or volunteer—your privacy and security matter. The same is true for patients. Check out EFF’s Surveillance Self-Defense for tailored guides. Look at resources from groups like Digital Defense Fund and learn how location tracking tools can endanger abortion access. If you run an organization, consider some of the ways you can minimize what information you collect about patients, clients, or customers, in our guide to Online Privacy for Nonprofits. 

Platforms like Meta insist they want to balance free expression and safety, but their blunt systems consistently end up reinforcing existing inequalities—silencing the very people who most need to be heard. Until they do better, it’s on us to protect ourselves, share our stories, and keep building the kind of internet that respects our rights. 

This is the ninth post in our blog series documenting the findings from our Stop Censoring Abortion campaign. Read more in the series: https://www.eff.org/pages/stop-censoring-abortion 

Affected by unjust censorship? Share your story using the hashtag #StopCensoringAbortion. Amplify censored posts and accounts, share screenshots of removals and platform messages—together, we can demonstrate how these policies harm real people.  

Jason Kelley

Flock’s Gunshot Detection Microphones Will Start Listening for Human Voices

1 week ago

Flock Safety, the police technology company most notable for their extensive network of automated license plate readers spread throughout the United States, is rolling out a new and troubling product that may create headaches for the cities that adopt it: detection of “human distress” via audio. As part of their suite of technologies, Flock has been pushing Raven, their version of acoustic gunshot detection. These devices capture sounds in public places and use machine learning to try to identify gunshots and then alert police—but EFF has long warned that they are also high powered microphones parked above densely-populated city streets. Cities now have one more reason to follow the lead of many other municipalities and cancel their Flock contracts, before this new feature causes civil liberties harms to residents and headaches for cities. 

In marketing materials, Flock has been touting new features to their Raven product—including the ability of the device to alert police based on sounds, including “distress.” The online ad for the product, which allows cities to apply for early access to the technology, shows the image of police getting an alert for “screaming.” 

It’s unclear how this technology works. For acoustic gunshot detection, generally the microphones are looking for sounds that would signify gunshots (though in practice they often mistake car backfires or fireworks for gunshots). Flock needs to come forward now with an explanation of exactly how their new technology functions. It is unclear how these devices will interact with state “eavesdropping” laws that limit listening to or recording the private conversations that often take place in public. 

Flock is no stranger to causing legal challenges for the cities and states that adopt their products. In Illinois, Flock was accused of violating state law by allowing Immigration and Customs Enforcement (ICE), a federal agency, access to license plate reader data taken within the state. That’s not all. In 2023, a North Carolina judge halted the installation of Flock cameras statewide for operating in the state without a license. When the city of Evanston, Illinois recently canceled its contract with Flock, it ordered the company to take down their license plate readers–only for Flock to mysteriously reinstall them a few days later. This city has now sent Flock a cease and desist order and in the meantime, has put black tape over the cameras. For some, the technology isn’t worth its mounting downsides. As one Illinois village trustee wrote while explaining his vote to cancel the city’s contract with Flock, “According to our own Civilian Police Oversight Commission, over 99% of Flock alerts do not result in any police action.”


Gunshot detection technology is dangerous enough as it is—police showing up to alerts they think are gunfire only to find children playing with fireworks is a recipe for innocent people to get hurt. This isn’t hypothetical: in Chicago a child really was shot at by police who thought they were responding to a shooting thanks to a ShotSpotter alert. Introducing a new feature that allows these pre-installed Raven microphones all over cities to begin listening for human voices in distress is likely to open up a whole new can of unforeseen legal, civil liberties, and even bodily safety consequences.

Matthew Guariglia

Privacy Harm Is Harm

1 week ago

Every day, corporations track our movements through license plate scanners, building detailed profiles of where we go, when we go there, and who we visit. When they do this to us in violation of data privacy laws, we’ve suffered a real harm—period. We shouldn’t need to prove we’ve suffered additional damage, such as physical injury or monetary loss, to have our day in court.

That's why EFF is proud to join an amicus brief in Mata v. Digital Recognition Network, a lawsuit by drivers against a corporation that allegedly violated a California statute that regulates Automatic License Plate Readers (ALPRs). The state trial court erroneously dismissed the case, by misinterpreting this data privacy law to require proof of extra harm beyond privacy harm. The brief was written by the ACLU of Northern California, Stanford’s Juelsgaard Clinic, and UC Law SF’s Center for Constitutional Democracy.

The amicus brief explains:

This case implicates critical questions about whether a California privacy law, enacted to protect people from harmful surveillance, is not just words on paper, but can be an effective tool for people to protect their rights and safety.

California’s Constitution and laws empower people to challenge harmful surveillance at its inception without waiting for its repercussions to manifest through additional harms. A foundation for these protections is article I, section 1, which grants Californians an inalienable right to privacy.

People in the state have long used this constitutional right to challenge the privacy-invading collection of information by private and governmental parties, not only harms that are financial, mental, or physical. Indeed, widely understood notions of privacy harm, as well as references to harm in the California Code, also demonstrate that term’s expansive meaning.

What’s At Stake

The defendant, Digital Recognition Network, also known as DRN Data, is a subsidiary of Motorola Solutions that provides access to a massive searchable database of ALPR data collected by private contractors. Its customers include law enforcement agencies and private companies, such as insurers, lenders, and repossession firms. DRN is the sister company to the infamous surveillance vendor Vigilant Solutions (now Motorola Solutions), and together they have provided data to ICE through a contract with Thomson Reuters.

The consequences of weak privacy protections are already playing out across the country. This year alone, authorities in multiple states have used license plate readers to hunt for people seeking reproductive healthcare. Police officers have used these systems to stalk romantic partners and monitor political activists. ICE has tapped into these networks to track down immigrants and their families for deportation.

Strong Privacy Laws

This case could determine whether privacy laws have real teeth or are just words on paper. If corporations can collect your personal information with impunity—knowing that unless you can prove bodily injury or economic loss, you can’t fight back—then privacy laws lose value.

We need strong data privacy laws. We need a private right of action so when a company violates our data privacy rights, we can sue them. We need a broad definition of “harm,” so we can sue over our lost privacy rights, without having to prove collateral injury. EFF wages this battle when writing privacy laws, when interpreting those laws, and when asserting “standing” in federal and state courts.

The fight for privacy isn’t just about legal technicalities. It’s about preserving your right to move through the world without being constantly tracked, catalogued, and profiled by corporations looking to profit from your personal information.

You can read the amicus brief here.

Adam Schwartz

The UK Is Still Trying to Backdoor Encryption for Apple Users

1 week 1 day ago

The Financial Times reports that the U.K. is once again demanding that Apple create a backdoor into its encrypted backup services. The only change since the last time they demanded this is that the order is allegedly limited to only apply to British users. That doesn’t make it any better.

The demand uses a power called a “Technical Capability Notice” (TCN) in the U.K.’s Investigatory Powers Act. At the time of its signing we noted this law would likely be used to demand Apple spy on its users.

After the U.K. government first issued the TCN in January, Apple was forced to either create a backdoor or block its Advanced Data Protection feature—which turns on end-to-end encryption for iCloud—for all U.K. users. The company decided to remove the feature in the U.K. instead of creating the backdoor.

The initial order from January targeted the data of all Apple users. In August, the US claimed the U.K. withdrew the demand, but Apple did not re-enable Advanced Data Protection. The new order provides insight into why: the U.K. was just rewriting it to only apply to British users.

This is still an unsettling overreach that makes U.K. users less safe and less free. As we’ve said time and time again, any backdoor built for the government puts everyone at greater risk of hacking, identity theft, and fraud. It sets a dangerous precedent to demand similar data from other companies, and provides a runway for other authoritarian governments to issue comparable orders. The news of continued server-side access to users' data comes just days after the UK government announced an intrusive mandatory digital ID scheme, framed as a measure against illegal migration.

A tribunal hearing was initially set to take place in January 2026, though it’s currently unclear if that will proceed or if the new order changes the legal process. Apple must continue to refuse these types of backdoors. Breaking end-to-end encryption for one country breaks it for everyone. These repeated attempts to weaken encryption violates fundamental human rights and destroys our right to private spaces.

Thorin Klosowski

❌ How Meta Is Censoring Abortion | EFFector 37.13

1 week 1 day ago

It's spooky season—but while jump scares may get your heart racing, catching up on digital rights news shouldn't! Our EFFector newsletter has got you covered with easy, bite-sized updates to keep you up-to-date.

In this issue, we spotlight new ALPR-enhanced police drones and how local communities can push back; unpack the ongoing TikTok “ban,” which we’ve consistently said violates the First Amendment; and celebrate a privacy win—abandoning a phone doesn't mean you've also abandoned your privacy rights.

Prefer to listen in? Check out our audio companion, where we interview EFF Staff Attorney Lisa Femia who explains the findings from our investigation into abortion censorship on social media. Catch the conversation on YouTube or the Internet Archive.

LISTEN TO EFFECTOR

EFFECTOR 37.13 - ❌ HOW META IS CENSORING ABORTION

Since 1990 EFF has published EFFector to help keep readers on the bleeding edge of their digital rights. We know that the intersection of technology, civil liberties, human rights, and the law can be complicated, so EFFector is a great way to stay on top of things. The newsletter is chock full of links to updates, announcements, blog posts, and other stories to help keep readers—and listeners—up to date on the movement to protect online privacy and free expression. 

Thank you to the supporters around the world who make our work possible! If you're not a member yet, join EFF today to help us fight for a brighter digital future.

Christian Romero

EFF Is Standing Up for Federal Employees—Here’s How You Can Stand With Us

1 week 1 day ago

Federal employees play a key role in safeguarding the civil liberties of millions of Americans. Our rights to privacy and free expression can only survive when we stand together to push back against overreach and ensure that technology serves all people—not just the powerful. 

That’s why EFF jumped to action earlier this year, when the U.S. Office of Personnel Management (OPM) handed over sensitive employee data—Social Security numbers, benefits data, work histories, and more—to Elon Musk’s Department of Government Efficiency (DOGE). This was a blatant violation of the Privacy Act of 1974, and it put federal workers directly at risk. 

We didn’t let it stand. Alongside federal employee unions, EFF sued OPM and DOGE in February. In June, we secured a victory when a judge ruled we were entitled to a preliminary injunction and ordered OPM to provide accounting of DOGE access to employee records. Your support makes this possible. 

Now the fight continues—and your support matters more than ever. The Office of Personnel Management is planting the seeds to undermine and potentially remove the Combined Federal Campaign (CFC), the main program federal employees and retirees have long used to support charities—including EFF. For now, you can still give to EFF through the CFC this year (use our ID: 10437) and we’d appreciate your support! But with the program’s uncertain future, direct support is the best way to keep our work going strong for years to come. 

DONATE TODAY

SUPPORT EFF'S WORK DIRECTLY, BECOME A MEMBER!

When you donate directly, you join a movement of lawyers, activists, and technologists who defend privacy, call out censorship, and push back against abuses of power—everywhere from the courts to Congress and to the streets. As a member, you’ll also receive insider updates, invitations to exclusive events, and receive conversation-starting EFF gear. 

Plus, you can sustain our mission long-term with a monthly or annual donation! 

Stand with EFF. Protect privacy. Defend free expression. Support our work today. 

Related Cases: American Federation of Government Employees v. U.S. Office of Personnel Management
Christian Romero

Platforms Have Failed Us on Abortion Content. Here's How They Can Fix It.

1 week 1 day ago

This is the eighth installment in a blog series documenting EFF's findings from the Stop Censoring Abortion campaign. You can read additional posts here. 

In our Stop Censoring Abortion series, we’ve documented the many ways that reproductive rights advocates have faced arbitrary censorship on Meta platforms. Since social media is the primary—and sometimes the only—way that providers, advocates, and communities can safely and effectively share timely and accurate information about abortion, it’s vitally important that platforms take steps to proactively protect this speech.

Yet, even though Meta says its moderation policies allow abortion-related speech, its enforcement of those policies tells a different story. Posts are being wrongfully flagged, accounts are disappearing without warning, and important information is being removed without clear justification.

So what explains the gap between Meta’s public commitments and its actions? And how can we push platforms to be better—to, dare we say, #StopCensoringAbortion?

After reviewing nearly one-hundred submissions and speaking with Meta to clarify their moderation practices, here’s what we’ve learned.

Platforms’ Editorial Freedom to Moderate User Content

First, given the current landscape—with some states trying to criminalize speech about abortion—you may be wondering how much leeway platforms like Facebook and Instagram have to choose their own content moderation policies. In other words, can social media companies proactively commit to stop censoring abortion?

The answer is yes. Social media companies, including Meta, TikTok, and X, have the constitutionally protected First Amendment right to moderate user content however they see fit. They can take down posts, suspend accounts, or suppress content for virtually any reason.

The Supreme Court explicitly affirmed this right in 2023 in Moody v. Netchoice, holding that social media platforms, like newspapers, bookstores, and art galleries before them, have the First Amendment right to edit the user speech that they host and deliver to other users on their platforms. The Court also established that the government has a very limited role in dictating what social media platforms must (or must not) publish. This editorial discretion, whether granted to individuals, traditional press, or online platforms, is meant to protect these institutions from government interference and to safeguard the diversity of the public sphere—so that important conversations and movements like this one have the space to flourish.

Meta’s Broken Promises

Unfortunately, Meta is failing to meet even these basic standards. Again and again, its policies say one thing while its actual enforcement says another.

Meta has stated its intent to allow conversations about abortion to take place on its platforms. In fact, as we’ve written previously in this series, Meta has publicly insisted that posts with educational content about abortion access should not be censored, even admitting in several public statements to moderation mistakes and over-enforcement. One spokesperson told the New York Times: “We want our platforms to be a place where people can access reliable information about health services, advertisers can promote health services and everyone can discuss and debate public policies in this space. . . . That’s why we allow posts and ads about, discussing and debating abortion.”

Meta’s platform policies largely reflect this intent. But as our campaign reveals, Meta’s enforcement of those policies is wildly inconsistent. Time and again, users—including advocacy organizations, healthcare providers, and individuals sharing personal stories—have had their content taken down even though it did not actually violate any of Meta’s stated guidelines. Worse, they are often left in the dark about what happened and how to fix it.

Arbitrary enforcement like this harms abortion activists and providers by cutting them off from their audiences, wasting the effort they spend creating resources and building community on these platforms, and silencing their vital reproductive rights advocacy. And it goes without saying that it hurts users, who need access to timely, accurate, and sometimes life-saving information. At a time when abortion rights are under attack, platforms with enormous resources—like Meta—have no excuse for silencing this important speech.  

Our Call to Platforms

Our case studies have highlighted that when users can’t rely on platforms to apply their own rules fairly, the result is a widespread chilling effect on online speech. That’s why we are calling on Meta to adopt the following urgent changes.

1. Publish clear and understandable policies.

Too often, platforms’ vague rules force users to guess what content might be flagged in order to avoid shadowbanning or worse, leading to needless self-censorship. To prevent this chilling effect, platforms should strive to offer users the greatest possible transparency and clarity on their policies. The policies should be clear enough that users know exactly what is allowed and what isn’t so that, for example, no one is left wondering how exactly a clip of women sharing their abortion experiences could be mislabeled as violent extremism.

2. Enforce rules consistently and fairly.

If content doesn’t violate a platform’s stated policies, it should not be removed. And, per Meta’s own policies, an account should not be suspended for abortion-related content violations if it has not received any prior warnings or “strikes.” Yet as we’ve seen throughout this campaign, abortion advocates repeatedly face takedowns or even account suspensions of posts that fall entirely within Meta’s Community Standards. On such a massive scale, this selective enforcement erodes trust and chills entire communities from participating in critical conversations. 

3. Provide meaningful transparency in enforcement actions.

When content is removed, Meta tends to give vague, boilerplate explanations—or none at all. Instead, users facing takedowns or suspensions deserve detailed and accurate explanations that state the policy violated, reflect the reasoning behind the actual enforcement decision, and ways to appeal the decision. Clear explanations are key to preventing wrongful censorship and ensuring that platforms remain accountable to their commitments and to their users.

4. Guarantee functional appeals.

Every user deserves a real chance to challenge improper enforcement decisions and have them reversed. But based on our survey responses, it seems Meta’s appeals process is broken. Many users reported that they do not receive responses to appeals, even when the content did not violate Meta’s policies, and thus have no meaningful way to challenge takedowns. Alarmingly, we found that a user’s best (and sometimes only) chance at success is to rely on a personal connection at Meta to right wrongs and restore content. This is unacceptable. Users should have a reliable and efficient appeal process that does not depend on insider access.   

5. Expand human review.

Finally, automated systems cannot always handle the nuance of sensitive issues like reproductive health and advocacy. They misinterpret words, miss important cultural or political context, and wrongly flag legitimate advocacy as “dangerous.” Therefore, we call upon platforms to expand the role that human moderators play in reviewing auto-flagged content violations—especially when posts involve sensitive healthcare information or political expression.

Users Deserve Better

Meta has already made the choice to allow speech about abortion on its platforms, and it has not hesitated to highlight that commitment whenever it has faced scrutiny. Now it’s time for Meta to put its money where its mouth is.

Users deserve better than a system where rules are applied at random, appeals go nowhere, and vital reproductive health information is needlessly (or negligently) silenced. If Meta truly values free speech, it must commit to moderating with fairness, transparency, and accountability.

This is the eighth post in our blog series documenting the findings from our Stop Censoring Abortion campaign. Read more at https://www.eff.org/pages/stop-censoring-abortion   

Affected by unjust censorship? Share your story using the hashtag #StopCensoringAbortion. Amplify censored posts and accounts, share screenshots of removals and platform messages—together, we can demonstrate how these policies harm real people. 

Molly Buckley

Gate Crashing: An Interview Series

1 week 1 day ago

There is a lot of bad on the internet and it seems to only be getting worse. But one of the things the internet did well, and is worth preserving, is nontraditional paths for creativity, journalism, and criticism. As governments and major corporations throw up more barriers to expression—and more and more gatekeepers try to control the internet—it’s important to learn how to crash through those gates. 

In EFF's interview series, Gate Crashing, we talk to people who have used the internet to take nontraditional paths to the very traditional worlds of journalism, creativity, and criticism. We hope it's both inspiring to see these people and enlightening for anyone trying to find voices they like online.  

Our mini-series will be dropping an episode each month closing out 2025 in style.

  • Episode 1: Fanfiction Becomes Mainstream – Launching October 1*
  • Episode 2: From DIY to Publishing – Launching November 1
  • Episode 3: A New Path for Journalism – Launching December 1

Be sure to mark your calendar or check our socials on drop dates. If you have a friend or colleague that might be interested in watching our series, please forward this link: eff.org/gatecrashing

Check Out Episode 1

For over 35 years, EFF members have empowered attorneys, activists, and technologists to defend civil liberties and human rights online for everyone.

Tech should be a tool for the people, and we need you in this fight.

Donate Today


* This interview was originally published in December 2024. No changes have been made

Katharine Trendacosta

Wave of Phony News Quotes Affects Everyone—Including EFF

1 week 1 day ago

Whether due to generative AI hallucinations or human sloppiness, the internet is increasingly rife with bogus news content—and you can count EFF among the victims. 

WinBuzzer published a story June 26 with the headline, “Microsoft Is Getting Sued over Using Nearly 200,000 Pirated Books for AI Training,” containing this passage:  winbuzzer_june_26.png

That quotation from EFF’s Corynne McSherry was cited again in two subsequent, related stories by the same journalist—one published July 27, the other August 27

But the link in that original June 26 post was fake. Corynne McSherry never wrote such an article, and the quote was bogus. 

Interestingly, we noted a similar issue with a June 13 post by the same journalist, in which he cited work by EFF Director of Cybersecurity Eva Galperin; this quote included the phrase “get-out-of-jail-free card” too. 

winbuzzer_june_13.png

Again, the link he inserted leads nowhere because Eva Galperin never wrote such a blog or white paper.  

When EFF reached out, the journalist—WinBuzzer founder and editor-in-chief Markus Kasanmascheff—acknowledged via email that the quotes were bogus. 

“This indeed must be a case of AI slop. We are using AI tools for research/source analysis/citations. I sincerely apologize for that and this is not the content quality we are aiming for,” he wrote. “I myself have noticed that in the particular case of the EFF for whatever reason non-existing quotes are manufactured. This usually does not happen and I have taken the necessary measures to avoid this in the future. Every single citation and source mention must always be double checked. I have been doing this already but obviously not to the required level. 

“I am actually manually editing each article and using AI for some helping tasks. I must have relied too much on it,” he added. 

AI slop abounds 

It’s not an isolated incident. Media companies large and small are using AI to generate news content because it’s cheaper than paying for journalists’ salaries, but that savings can come at the cost of the outlets’ reputations.  

The U.K.’s Press Gazette reported last month that Wired and Business Insider had to remove news features written by one freelance journalist after concerns the articles are likely AI-generated works of fiction: “Most of the published stories contained case studies of named people whose details Press Gazette was unable to verify online, casting doubt on whether any of the quotes or facts contained in the articles are real.” 

And back in May, the Chicago Sun-Times had to apologize after publishing an AI-generated list of books that would make good summer reads—with 10 of the 15 recommended book descriptions and titles found to be “false, or invented out of whole cloth.” 

As journalist Peter Sterne wrote for Nieman Lab in 2022: 

Another potential risk of relying on large language models to write news articles is the potential for the AI to insert fake quotes. Since the AI is not bound by the same ethical standards as a human journalist, it may include quotes from sources that do not actually exist, or even attribute fake quotes to real people. This could lead to false or misleading reporting, which could damage the credibility of the news organization. It will be important for journalists and newsrooms to carefully fact check any articles written with the help of AI, to ensure the accuracy and integrity of their reporting. 

(Or did he write that? Sterne disclosed in that article that he used OpenAI’s ChatGPT-3 to generate that paragraph, ironically enough.) 

The Radio Television Digital News Association issued guidelines a few years ago for the use of AI in journalism, and the Associated Press is among many outlets that have developed guidelines of their own. The Poynter Institute offers a template for developing such policies.  

Nonetheless, some journalists or media outlets have been caught using AI to generate stories including fake quotes; for example, the Associated Press reported last year that a Wyoming newspaper reporter had filed at least seven stories that included AI-generated quotations from six people.  

WinBuzzer wasn’t the only outlet to falsely quote EFF this year. An April 19 article in Wander contained another bogus quotation from Eva Galperin: 

April 19 Wander clipping with fake quote from Eva Galperin

An email to the outlet demanding the article’s retraction went unanswered. 

In another case, WebProNews published a July 24 article quoting Eva Galperin under the headline “Risika Data Breach Exposes 100M Swedish Records to Fraud Risks,” but Eva confirmed she’d never spoken with them or given that quotation to anyone. The article no longer seems to exist on the outlet’s own website, but it was captured by the Internet Archive’s Wayback Machine

07-24-2025_webpronews_screenshot.png  

A request for comment made through WebProNews’ “Contact Us” page went unanswered, and then they did it again on September 2, this time misattributing a statement to Corynne McSherry: 

09-02-2025_webpronews_corynne_mcsherry.png
No such article in The Verge seems to exist, and the statement is not at all in line with EFF’s stance. 

Our most egregious example 

The top prize for audacious falsity goes to a June 18 article in the Arabian Post, since removed from the site after we flagged it to an editor. The Arabian Post is part of the Hyphen Digital Network, which describes itself as “at the forefront of AI innovation” and offering “software solutions that streamline workflows to focus on what matters most: insightful storytelling.” The article in question included this passage: 

Privacy advocate Linh Nguyen from the Electronic Frontier Foundation remarked that community monitoring tools are playing a civic role, though she warned of the potential for misinformation. “Crowdsourced neighbourhood policing walks a thin line—useful in forcing transparency, but also vulnerable to misidentification and fear-mongering,” she noted in a discussion on digital civil rights. 

muck_rack_june_19_-_arabian_post.png

Nobody at EFF recalls anyone named Linh Nguyen ever having worked here, nor have we been able to find anyone by that name who works in the digital privacy sector. So not only was the quotation fake, but apparently the purported source was, too.  

Now, EFF is all about having our words spread far and wide. Per our copyright policy, any and all original material on the EFF website may be freely distributed at will under the Creative Commons Attribution 4.0 International License (CC-BY), unless otherwise noted. 

But we don't want AI and/or disreputable media outlets making up words for us. False quotations that misstate our positions damage the trust that the public and more reputable media outlets have in us. 

If you're worried about this (and rightfully so), the best thing a news consumer can do is invest a little time and energy to learn how to discern the real from the fake. It’s unfortunate that it's the public’s burden to put in this much effort, but while we're adjusting to new tools and a new normal, a little effort now can go a long way.  

As we’ve noted before in the context of election misinformation, the nonprofit journalism organization ProPublica has published a handy guide about how to tell if what you’re reading is accurate or “fake news.” And the International Federation of Library Associations and Institutions infographic on How to Spot Fake News is a quick and easy-to-read reference you can share with friends: 

how_to_spot_fake_news.jpg

Josh Richman

Decoding Meta's Advertising Policies for Abortion Content

1 week 2 days ago

This is the seventh installment in a blog series documenting EFF's findings from the Stop Censoring Abortion campaign. You can read additional posts here. 

For users hoping to promote or boost an abortion-related post on Meta platforms, the Community Standards are just step one. While the Community Standards apply to all posts, paid posts and advertisements must also comply with Meta's Advertising Standards. It’s easy to understand why Meta places extra requirements on paid content. In fact, their “advertising policy principles” outline several important and laudable goals, including promoting transparency and protecting users from scams, fraud, and unsafe and discriminatory practices. 

But additional standards bring additional content moderation, and with that comes increased potential for user confusion and moderation errors. Meta’s ad policies, like its enforcement policies, are vague on a number of important questions. Because of this, it’s no surprise that Meta's ad policies repeatedly came up as we reviewed our Stop Censoring Abortion submissions. 

There are two important things to understand about these ad policies. First, the ad policies do indeed impose stricter rules on content about abortion—and specifically medication abortion—than Meta’s Community Standards do. To help users better understand what is and isn’t allowed, we took a closer look at the policies and what Meta has said about them. 

Second, despite these requirements, the ad policies do not categorically block abortion-related posts from being promoted as ads. In other words, while Meta’s ad policies introduce extra hurdles, they should not, in theory, be a complete barrier to promoting abortion-related posts as boosted content. Still, our analysis revealed that Meta is falling short in several areas. 

What’s Allowed Under the Drugs and Pharmaceuticals Policy? 

When EFF asked Meta about potential ad policy violations, the company first pointed to its Drugs and Pharmaceuticals policy. In the abortion care context, this policy applies to paid content specifically about medication abortion and use of abortion pills. Ads promoting these and other prescription drugs are permitted, but there are additional requirements: 

  • To reduce risks to consumers, Meta requires advertisers to prove they’re appropriately licensed and get prior authorization from Meta.  
  • Authorization is limited to online pharmacies, telehealth providers, and pharmaceutical manufacturers.  
  • The ads also must only target people 18 and older, and only in the countries in which the user is licensed.  

Understanding what counts as “promoting prescription drugs” is where things get murky. Crucially, the written policy states that advertisers do not need authorization to run ads that “educate, advocate or give public service announcements related to prescription drugs” or that “promote telehealth services generally.” This should, in theory, leave a critical opening for abortion advocates focused on education and advocacy rather than direct prescription drug sales. 

But Meta told EFF that advertisers “must obtain authorization to post ads discussing medical efficacy, legality, accessibility, affordability, and scientific merits and restrict these ads to adults aged 18 or older.” Yet many of these topics—medical efficacy, legality, accessibility—are precisely what educational content and advocacy often address. Where’s the line? This vagueness makes it difficult for abortion pill advocates to understand what’s actually permitted. 

What’s Allowed Under the Social Issues Policy?  

Meta also told EFF that its Ads about Social Issues, Elections or Politics policy may apply to a range of abortion-related content. Under this policy, advertisers within certain countries—including the U.S.—must meet several requirements before running ads about certain “social issues.” Requirements include: 

  • Completing Meta’s social issues authorization process
  • Including a verified "Paid for by" disclaimer on the ad; and 
  • Complying with all applicable laws and regulations. 

While certain news publishers are exempt from the policy, it otherwise applies to a wide range of accounts, including activists, brands, non-profit groups and political organizations. 

Meta defines “social issues” as “sensitive topics that are heavily debated, may influence the outcome of an election or result in/relate to existing or proposed legislation.” What falls under this definition differs by country, and Meta provides country-specific topics lists and examples. In the U.S. and several other countries, ads that include “discussion, debate, or advocacy for or against...abortion services and pro-choice/pro-life advocacy” qualify as social issues ads under the “Civil and Social Rights” category.

Confusingly, Meta differentiates this from ads that primarily sell a product or promote a service, which do not require authorization or disclaimers, even if the ad secondarily includes advocacy for an issue. For instance, according to Meta's examples, an ad that says, “How can we address systemic racism?” counts as a social issues ad and requires authorization and disclaimers. On the other hand, an ad that says, “We have over 100 newly-published books about systemic racism and Black History now on sale” primarily promotes a product, and would not require authorization and disclaimers. But even with Meta's examples, the line is still blurry. This vagueness invites confusion and content moderation errors.

What About the Health and Wellness Policy? 

Oddly, Meta never specifically identified its Health and Wellness ad policy to EFF, though the policy is directly relevant to abortion-related paid content. This policy addresses ads about reproductive health and family planning services, and requires ads regarding “abortion medical consultation and related services” to be targeted at users 18 and older. It also expressly states that for paid content involving “[r]eproductive health and wellness drugs or treatments that require prescription,” accounts must comply with both this policy and the Drugs and Pharmaceuticals policy. 

This means abortion advocates must navigate the Drugs and Pharmaceuticals policy, the Social Issues policy, and the Health and Wellness policy—each with its own requirements and authorization processes. That Meta didn’t mention this highly relevant policy when asked about abortion advertising underscores how confusingly dispersed these rules are. 

Like the Drugs policy, the Health and Wellness policy contains an important education exception for abortion advocates: The age-targeting requirements do not apply to “[e]ducational material or information about family planning services without any direct promotion or facilitation of the services.”  

When Content Moderation Makes Mistakes 

Meta's complex policies create fertile ground for automated moderation errors. Our Stop Censoring Abortion survey submissions revealed that Meta's systems repeatedly misidentified educational abortion content as Community Standards violations. The same over-moderation problems are also a risk in the advertising context.  

On top of that, content moderation errors even on unpaid posts can trigger advertising restrictions and penalties. Meta's advertising restrictions policy states that Community Standards violations can result in restricted advertising features or complete advertising bans. This creates a compounding problem when educational content about abortion is wrongly flagged. Abortion advocates could face a double penalty: first their content is removed, then their ability to advertise is restricted. 

This may be, in part, what happened to Red River Women's Clinic, a Minnesota abortion clinic we wrote about earlier in this series. When its account was incorrectly suspended for violating the “Community Standards on drugs,” the clinic appealed and eventually reached out to a contact at Meta. When Meta finally removed the incorrect flag and restored the account, Red River received a message informing them they were no longer out of compliance with the advertising restrictions policy. 

Screenshot submitted by Red River Women's Clinic to EFF

How Meta Can Improve 

Our review of the ad policies and survey submissions showed that there is room for improvement in how Meta handles abortion-related advertising. 

First, Meta should clarify what is permitted without prior authorization under the Drugs and Pharmaceuticals policy. As noted above, the policies say advertisers do not need authorization to “educate, advocate or give public service announcements,” but Meta told EFF authorization is needed to promote posts discussing “medical efficacy, legality, accessibility, affordability, and scientific merits.” Users should be able to more easily determine what content falls on each side of that line.  

Second, Meta should clarify when its Social Issues policy applies. Does discussing abortion at all trigger its application? Meta says the policy excludes posts primarily advertising a service, yet this is not what survey respondent Lynsey Bourke experienced. She runs the Instagram account Rouge Doulas, a global abortion support collective and doula training school. Rouge Doulas had a paid post removed under this very policy for advertising something that is clearly a service: its doula training program called “Rouge Abortion Doula School.” The policy’s current ambiguity makes it difficult for advocates to create compliant content with confidence.

Third, and as EFF has previously argued, Meta should ensure its automated system is not over-moderating. Meta must also provide a meaningful appeals process for when errors inevitably occur. Automated systems are blunt tools and are bound to make mistakes on complex topics like abortion. But simply using an image of a pill on an educational post shouldn’t automatically trigger takedowns. Improving automated moderation will help correct the cascading effect of incorrect Community Standards flags triggering advertising restrictions. 

With clearer policies, better moderation, and a commitment to transparency, Meta can make it easier for accounts to share and boost vital reproductive health information. 

This is the seventh post in our blog series documenting the findings from our Stop Censoring Abortion campaign. Read more at https://www.eff.org/pages/stop-censoring-abortion   

Affected by unjust censorship? Share your story using the hashtag #StopCensoringAbortion. Amplify censored posts and accounts, share screenshots of removals and platform messages—together, we can demonstrate how these policies harm real people. 

Lisa Femia
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1 hour 8 minutes ago
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