Congress’ unfounded plan to ban TikTok under the guise of protecting our data is back, this time in the form of a new bill—the “Protecting Americans from Foreign Adversary Controlled Applications Act,” H.R. 7521 — which has gained a dangerous amount of momentum in Congress. This bipartisan legislation was introduced in the House just a week ago and is expected to be sent to the Senate after a vote later this week.

A year ago, supporters of digital rights across the country successfully stopped the federal RESTRICT Act, commonly known as the “TikTok Ban” bill (it was that and a whole lot more). And now we must do the same with this bill. 

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TELL CONGRESS: DON'T BAN TIKTOK

As a first step, H.R. 7521 would force TikTok to find a new owner that is not based in a foreign adversarial country within the next 180 days or be banned until it does so. It would also give the President the power to designate other applications under the control of a country considered adversarial to the U.S. to be a national security threat. If deemed a national security threat, the application would be banned from app stores and web hosting services unless it cuts all ties with the foreign adversarial country within 180 days. The bill would criminalize the distribution of the application through app stores or other web services, as well as the maintenance of such an app by the company. Ultimately, the result of the bill would either be a nationwide ban on the TikTok, or a forced sale of the application to a different company.

The only solution to this pervasive ecosystem is prohibiting the collection of our data in the first place.

Make no mistake—though this law starts with TikTok specifically, it could have an impact elsewhere. Tencent’s WeChat app is one of the world’s largest standalone messenger platforms, with over a billion users, and is a key vehicle for the Chinese diaspora generally. It would likely also be a target. 

The bill’s sponsors have argued that the amount of private data available to and collected by the companies behind these applications — and in theory, shared with a foreign government — makes them a national security threat. But like the RESTRICT Act, this bill won’t stop this data sharing, and will instead reduce our rights online. User data will still be collected by numerous platforms—possibly even TikTok after a forced sale—and it will still be sold to data brokers who can then sell it elsewhere, just as they do now. 

The only solution to this pervasive ecosystem is prohibiting the collection of our data in the first place. Ultimately, foreign adversaries will still be able to obtain our data from social media companies unless those companies are forbidden from collecting, retaining, and selling it, full stop. And to be clear, under our current data privacy laws, there are many domestic adversaries engaged in manipulative and invasive data collection as well. That’s why EFF supports such consumer data privacy legislation. 

Congress has also argued that this bill is necessary to tackle the anti-American propaganda that young people are seeing due to TikTok’s algorithm. Both this justification and the national security justification raise serious First Amendment concerns, and last week EFF, the ACLU, CDT, and Fight for the Future wrote to the House Energy and Commerce Committee urging them to oppose this bill due to its First Amendment violations—specifically for those across the country who rely on TikTok for information, advocacy, entertainment, and communication. The US has rightfully condemned other countries when they have banned, or sought a ban, on specific social media platforms.

Montana’s ban was as unprecedented as it was unconstitutional

And it’s not just civil society saying this. Late last year, the courts blocked Montana’s TikTok ban, SB 419, from going into effect on January 1, 2024, ruling that the law violated users’ First Amendment rights to speak and to access information online, and the company’s First Amendment rights to select and curate users’ content. EFF and the ACLU had filed a friend-of-the-court brief in support of a challenge to the law brought by TikTok and a group of the app’s users who live in Montana. 

Our brief argued that Montana’s ban was as unprecedented as it was unconstitutional, and we are pleased that the district court upheld our free speech rights and blocked the law from going into effect. As with that state ban, the US government cannot show that a federal ban is narrowly tailored, and thus cannot use the threat of unlawful censorship as a cudgel to coerce a business to sell its property. 

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TELL CONGRESS: DON'T BAN TIKTOK

Instead of passing this overreaching and misguided bill, Congress should prevent any company—regardless of where it is based—from collecting massive amounts of our detailed personal data, which is then made available to data brokers, U.S. government agencies, and even foreign adversaries, China included. We shouldn’t waste time arguing over a law that will get thrown out for silencing the speech of millions of Americans. Instead, Congress should solve the real problem of out-of-control privacy invasions by enacting comprehensive consumer data privacy legislation.

The U.S. Senate is moving forward with two bills that would enrich patent trolls, patent system insiders, and a few large companies that rely on flimsy patents, at the expense of everyone else. 

One bill, the Patent Eligibility Restoration Act (PERA) would bring back some of the worst software patents we’ve seen, and even re-introduce types of patents on human genes that were banned years ago. Meanwhile, a similar group of senators is trying to push forward the PREVAIL Act (S. 2220), which would shut out most of the public from even petitioning the government to reconsider wrongly granted patents. 

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Tell Congress: No New Bills For Patent Trolls

Patent trolls are companies that don’t focus on making products or selling services. Instead, they collect patents, then use them to threaten or sue other companies and individuals. They’re not a niche problem; patent trolls filed the majority of patent lawsuits last year and for all the years in which we have good data. In the tech sector, they file more than 80% of the lawsuits. These do-nothing companies continue to be vigorous users of the patent system, and they’ll be the big winners under the two bills the U.S. Senate is considering pushing forward. 

Don’t Bring Back “Do It On A Computer” Patents 

The Patent Eligibility Restoration Act, or PERA, would overturn key legal precedents that we all rely on to kick the worst-of-the-worst patents out of the system. PERA would throw out a landmark Supreme Court ruling called the Alice v. CLS Bank case, which made it clear that patents can’t just claim basic business or cultural processes by adding generic computer language. 

The Alice rules are what—finally—allowed courts to throw out the most ridiculous “do it on a computer” software patents at an early stage. Under the Alice test, courts threw out patents on “matchmaking”, online picture menus, scavenger hunts, and online photo contests. 

The rules under Alice are clear, fair, and they work. It hasn’t stopped patent trolling, because there are so many patent owners willing to ask for nuisance-value settlements that are far below the cost of legal defense. It’s not perfect, and it hasn’t ended patent trolling. But Alice has done a good job of saving everyday internet users from some of the worst patent claims. 

PERA would allow patents like the outrageous one brought forward in the Alice v. CLS Bank case, which claimed the idea of having a third party clear financial transactions—but on a computer. A patent on ordering restaurant food through a mobile phone, which was used to sue more than 100 restaurants, hotels, and fast-food chains before it was finally thrown out under the Alice rules, could survive if PERA becomes law. 

Don’t Bring Back Patents On Human Genes 

PERA goes further than software. It would also overturn a Supreme Court rule that prevents patents from being granted on naturally occurring human genes. For almost 30 years, some biotech and pharmaceutical companies used a cynical argument to patent genes and monopolize diagnostic tests that analyzed them. That let the patent owners run up the costs on tests like the BRCA genes, which are predictive of ovarian and breast cancers. When the Supreme Court disallowed patents on human genes found in nature, the prices of those tests plummeted. 

Patenting naturally occurring human genes is a horrific practice and the Supreme Court was right to ban it. The fact that PERA sponsors want to bring back these patents is unconscionable. 

Allowing extensive patenting of genetic information will also harm future health innovations, by blocking competition from those who may offer more affordable tests and treatments. It could affect our response to future pandemics. Imagine if the first lab to sequence the COVID-19 genome filed for patent protection, and went on to threaten other labs that seek to create tests with patent infringement. As an ACLU attorney who litigated against the BRCA gene patents has pointed out, this scenario is not fantastical if a bill like PERA were to advance. 

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Tell Congress To Reject PERA and PREVAIL

Don’t Shut Down The Public’s Right To Challenge Patents

The PREVAIL Act would bar most people from petitioning the U.S. Patent and Trademark Office (USPTO) to revoke patents that never should have been granted in the first place. 

The U.S. Patent and Trademark Office (USPTO) issues hundreds of thousands of patents every year, with less than 20 hours, on average, being devoted to examining each patent. Mistakes happen. 

That’s why Congress created a process for the public to ask the USPTO to double-check certain patents, to make sure they were not wrongly granted. This process, called inter partes review or IPR, is still expensive and difficult, but faster and cheaper than federal courts, where litigating a patent through a jury trial can cost millions of dollars. IPR has allowed the cancellation of thousands of patent claims that never should have been issued in the first place. 

The PREVAIL Act will limit access to the IPR process to only people and companies that have been directly threatened or sued over a patent. No one else will have standing to even file a petition. That means that EFF, other non-profits, and membership-based patent defense companies won’t be able to access the IPR process to protect the public. 

EFF used the IPR process back in 2013, when thousands of our supporters chipped in to raise more than $80,000 to fight against a patent that claimed to cover all podcasts. We won’t be able to do that if PREVAIL passes. 

And EFF isn’t the only non-profit to use IPRs to protect users and developers. The Linux Foundation, for instance, funds an “open source zone” that uses IPR to knock out patents that may be used to sue open source projects. Dozens of lawsuits are filed each year against open source projects, the majority of them brought by patent trolls. 

IPR is already too expensive and limited; Congress should be eliminating barriers to challenging bad patents, not raising more.

Congress Should Work For the Public, Not For Patent Trolls

The Senators pushing this agenda have chosen willful ignorance of the patent troll problem. The facts remain clear: the majority of patent lawsuits are brought by patent trolls. In the tech sector, it’s more than 80%. These numbers may be low considering threat letters from patent trolls, which don’t become visible in the public record. 

These patent lawsuits don’t have much to do with what most people think of when they think about “inventors” or inventions. They’re brought by companies that have no business beyond making patent threats. 

The Alice rules and IPR system, along with other important reforms, have weakened the power of these patent trolls. Patent trolls that used to receive regular multi-million dollar paydays have seen their incomes shrink (but not disappear). Some trolls, like Shipping and Transit LLC finally wound up operations after being hit with sanctions (more than 500 lawsuits later). Trolls like IP Edge, now being investigated by a federal judge after claiming its true “owners” included a Texas food truck owner who turned out to be, essentially, a decoy. 

There’s big money behind bringing back the patent troll business, as well as a few huge tech and pharma companies that prefer to use unjustified monopolies rather than competing fairly. Two former Federal Circuit judges, two former Directors of the U.S. Patent and Trademark Office, and many other well-placed patent insiders are all telling Congress that Alice should be overturned and patent trolls should be allowed to run amok. We can’t let that happen. 

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Tell Congress: Don't Work For Patent Trolls

Nevada Makes Backward Argument That Insecure Communication Makes Children Safer

LAS VEGAS — The Electronic Frontier Foundation (EFF) and a coalition of partners urged a court to protect default encrypted messaging and children’s privacy and security in a brief filed today.

The brief by the American Civil Liberties Union (ACLU), the ACLU of Nevada, the EFF, Stanford Internet Observatory Research Scholar Riana Pfefferkorn, and six other organizations asks the court to reject a request by Nevada’s attorney general to stop Meta from offering end-to-end encryption by default to Facebook Messenger users under 18 in the state. The brief was also signed by Access Now, Center for Democracy & Technology (CDT), Fight for the Future, Internet Society, Mozilla, and Signal Messenger LLC.

Communications are safer when third parties can’t listen in on them. That’s why the EFF and others who care about privacy pushed Meta for years to make end-to-end encryption the default option in Messenger. Meta finally made the change, but Nevada wants to turn back the clock. As the brief notes, end-to-end encryption “means that even if someone intercepts the messages—whether they are a criminal, a domestic abuser, a foreign despot, or law enforcement—they will not be able to decipher or access the message.” The state of Nevada, however, bizarrely argues that young people would be better off without this protection.

“Encryption is the best tool we have for safeguarding our privacy and security online — and privacy and security are especially important for young people,” said EFF Surveillance Litigation Director Andrew Crocker. “Nevada’s argument that children need to be ‘protected’ from securely communicating isn’t just baffling; it’s dangerous.”

As explained in a friend-of-the-court brief filed by the EFF and others today, encryption is one of the best ways to reclaim our privacy and security in a digital world full of cyberattacks and security breaches. It is increasingly being deployed across the internet as a way to protect users and data. For children and their families especially, encrypted communication is one of the strongest safeguards they have against malicious misuse of their private messages — a safeguard Nevada seeks to deny them.

“The European Court of Human Rights recently rejected a Russian law that would have imposed similar requirements on services that offer end-to-end message encryption – finding that it violated human rights and EU law to deny people the security and privacy that encryption provides,” said EFF’s Executive Director Cindy Cohn. “Nevada’s attempt should be similarly rejected.”

In its motion to the court, Nevada argues that it is necessary to block end-to-end encryption on Facebook Messenger because it can impede some criminal investigations involving children. This ignores that law enforcement can and does conduct investigations involving encrypted messages, which can be reported by users and accessed from either the sender or recipient’s devices. It also ignores law enforcement’s use of the tremendous amount of additional information about users that Meta routinely collects.

The brief notes that co-amicus Pfeffercorn recently authored a study that confirmed that Nevada does not, in fact, need to block encryption to do its investigations. The study found that “content-oblivious” investigation methods are “considered more useful than monitoring the contents of users’ communications when it comes to detecting nearly every kind of online abuse.” 

“The court should reject Nevada’s motion,” said EFF’s Crocker. “Making children more vulnerable in just to make law enforcement investigators’ jobs slightly easier is an uneceesary and dangerous trade off.”

For the brief: https://www.eff.org/document/nevada-v-meta-amicus-brief

Contact:  AndrewCrockerSurveillance Litigation Directorandrew@eff.org

The First Amendment requires courts to apply a robust balancing test before unmasking anonymous online speakers, EFF explained in an amicus brief it filed recently in a New York State appeal.

In the case on appeal, GSB Gold Standard v. Google, a German company that sells cryptocurrency investments is seeking to unmask an anonymous blogger who criticized the company. Based upon a German court order, the company sought a subpoena that would identify the blogger. The blogger fought back, without success, and they are now appealing.

Like speech itself, the First Amendment right to anonymity fosters and advances public debate and self-realization. Anonymity allows speakers to communicate their ideas without being defined by their identity. Anonymity protects speakers who express critical or unpopular views from harassment, intimidation, or being silenced. And, because powerful individuals or entities’ efforts to punish one speaker through unmasking may well lead others to remain silent, protecting anonymity for one speaker can promote free expression for many others.

Too often, however, corporate or human persons try to abuse the judicial process to unmask anonymous speakers. Thus, courts should apply robust evidentiary and procedural standards before compelling the disclosure of an anonymous speaker’s identity. 

Under these standards, parties seeking to unmask anonymous speakers must first show they have meritorious legal claims, to help ensure that the litigation isn’t a pretext for harassment. Those parties that meet this first step must then also show that their interests in unmasking an anonymous speaker outweigh the speaker’s interests in retaining their anonymity. In this case, the trial court didn’t require the German company to meet this standard, and it could not have in any event.

Courts around the United States have adopted various forms of this test, with EFF often participating as amicus or counsel. We hope that New York follows their lead.

「郵便局を活用した地方活性化 先進事例パッケージ」の公表

畜舎等に係る基準の特例の細目の一部を改正する件（案）に対する意見公募の結果及び改正告示の公布

「地域デジタル基盤活用推進事業」―『計画策定支援』・『実証』・『補助』の公募説明会を実施―

情報通信行政・郵政行政審議会　電気通信事業部会　接続委員会（第69回）

情報通信行政・郵政行政審議会　電気通信事業部会（第142回）

電波監理審議会　有効利用評価部会（第27回）会議資料

固定ブロードバンドサービスの品質測定手法の確立に関するサブワーキンググループ（第8回）

ICTサイバーセキュリティ政策分科会（第3回）

競争ルールの検証に関するWG（第53回）

第8回　企画小委員会（会議資料）

We’ve been saying it for 20 years, and it remains true now more than ever: the internet is an essential service. It enables people to build and create communities, shed light on injustices, and acquire vital knowledge that might not otherwise be available. And access to it becomes even more imperative in circumstances where being able to communicate and share real-time information directly with the people you trust is instrumental to personal safety and survival. More specifically, during wartime and conflict, internet and phone services enable the communication of information between people in challenging situations, as well as the reporting by on-the-ground journalists and ordinary people of the news. 

Unfortunately, governments across the world are very aware of their power to cut off this crucial lifeline, and frequently undertake targeted initiatives to do so. These internet shutdowns have become a blunt instrument that aid state violence and inhibit free speech, and are routinely deployed in direct contravention of human rights and civil liberties.

And this is not a one-dimensional situation. Nearly twenty years after the world’s first total internet shutdowns, this draconian measure is no longer the sole domain of authoritarian states but has become a favorite of a diverse set of governments across three continents. For example:

In Iran, the government has been suppressing internet access for many years. In the past two years in particular, people of Iran have suffered repeated internet and social media blackouts following an activist movement that blossomed after the death of Mahsa Amini, a woman murdered in police custody for refusing to wear a hijab. The movement gained global attention and in response, the Iranian government rushed to control both the public narrative and organizing efforts by banning social media, and sometimes cutting off internet access altogether. 

In Sudan, authorities have enacted a total telecommunications blackout during a massive conflict and displacement crisis. Shutting down the internet is a deliberate strategy blocking the flow of information that brings visibility to the crisis and prevents humanitarian aid from supporting populations endangered by the conflict. The communications blackout has extended for weeks, and in response a global campaign #KeepItOn has formed to put pressure on the Sudanese government to restore its peoples' access to these vital services. More than 300 global humanitarian organizations have signed on to support #KeepItOn.

And in Palestine, where the Israeli government exercises near-total control over both wired internet and mobile phone infrastructure, Palestinians in Gaza have experienced repeated internet blackouts inflicted by the Israeli authorities. The latest blackout in January 2024 occurred amid a widespread crackdown by the Israeli government on digital rights—including censorship, surveillance, and arrests—and amid accusations of bias and unwarranted censorship by social media platforms. On that occasion, the internet was restored after calls from civil society and nations, including the U.S. As we’ve noted, internet shutdowns impede residents' ability to access and share resources and information, as well as the ability of residents and journalists to document and call attention to the situation on the ground—more necessary than ever given that a total of 83 journalists have been killed in the conflict so far. 

Given that all of the internet cables connecting Gaza to the outside world go through Israel, the Israeli Ministry of Communications has the ability to cut off Palestinians’ access with ease. The Ministry also allocates spectrum to cell phone companies; in 2015 we wrote about an agreement that delivered 3G to Palestinians years later than the rest of the world. In 2022, President Biden offered to upgrade the West Bank and Gaza to 4G, but the initiative stalled. While some Palestinians are able to circumvent the blackout by utilizing Israeli SIM cards (which are difficult to obtain) or Egyptian eSIMs, these workarounds are not solutions to the larger problem of blackouts, which the National Security Council has said: “[deprive] people from accessing lifesaving information, while also undermining first responders and other humanitarian actors’ ability to operate and to do so safely.”

Access to internet infrastructure is essential, in wartime as in peacetime. In light of these numerous blackouts, we remain concerned about the control that authorities are able to exercise over the ability of millions of people to communicate. It is imperative that people’s access to the internet remains protected, regardless of how user platforms and internet companies transform over time. We continue to shout this, again and again, because it needs to be restated, and unfortunately today there are ever more examples of it happening before our eyes.

　太平洋戦争開戦の１９４１年12月８日、北海道帝国大学（現・北海道大学）工学部の学生・宮澤弘幸は同大の英語教師ハロルド・レーンとポーリン・レーン夫妻らとともに軍機保護法違反のスパイとされ特高警察に検挙された。裁判で宮澤と […]

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　３月３日に投開票された長崎県対馬市長選挙は、原発の使用済み核燃料から出る高レベル放射性廃棄物（いわゆる「核のごみ」）の最終処分場に関する「文献調査」を受け入れるかどうかが大きな争点となり（※注）、受け入れに反対する比田 […]