February 2016

DHS-Supported Scans of Private Networks Prompt Suspicions of Domestic Surveillance

A new Department of Homeland Security-supported information security service that scans private sector networks could expand domestic surveillance, civil liberties groups say, citing documents associated with the activity. Under the "Enhanced Cybersecurity Services" program, DHS feeds government intelligence about network threats to approved Internet Service Providers so they can immunize corporate subscribers. The program, made available nationwide last June, is voluntary. Now, DHS has announced a new service under the program that ISPs can offer called "netflow analysis."

A November 2015 privacy impact assessment of the added feature is short on details about what kind of customer information may be shared with the government, and critics have spotted loopholes that, they say, may allow the National Security Agency to spy on Internet users. Andy Ozment, assistant secretary for DHS cybersecurity and communications, said in a Jan. 26 blog post the new function will allow ISPs "to more effectively identify and analyze malicious activity transiting their customers’ networks.” The participating providers currently include AT&T, CenturyLink, Lockheed Martin and Verizon.

UC-Berkeley students sue Google, alleging their e-mails were illegally scanned

Four students and alumni from the University of California-Berkeley have sued Google in federal court, alleging that the company — which runs the university’s e-mail accounts — illegally intercepted and scanned e-mails for advertising purposes without students’ knowledge or consent. Google’s Gmail service is a core feature of Google Apps for Education, which is provided for free to thousands of K-12 schools and universities and is used by more than 30 million students and teachers nationwide, according to the complaint.

The lawsuit alleges that Google misled Berkeley and other institutions into believing that school e-mail accounts would not be subject to scanning for commercial purposes. The schools, in turn, assured their students and staff of their privacy. But, the complaint alleges, Google was scanning and analyzing e-mails to serve targeted advertisements to students until April 30, 2014, when the company announced via a blog post that it had “permanently removed all ads scanning” in its e-mail service for schools, “which means that Google cannot collect or use student data in Apps for Education services for advertising purposes.” That announcement amounted to a tacit acknowledgement that Google had been using information from student e-mails to target ads, according to the plaintiffs, who allege that Google violated the Electronic Communications Privacy Act. They are asking the court to force the company to delete any information derived from the scanned e-mails and pay damages. Under the law, the plaintiffs could collect up to $10,000 each, or $100 for each day that the law was broken, whichever is greater.

Commissioner Rosenworcel Announces Staff Changes

Commissioner Jessica Rosenworcel of the Federal Communications Commission announced the appointment of Marc Paul as Legal Advisor, with primary responsibility for media issues.

Paul previously served as Of Counsel at Lukas, Nace, Gutierrez & Sachs LLP, where he practiced communications law. Prior to that, Paul was Senior Counsel to US Sen Frank Lautenberg (D-NJ). In that role, he was responsible for all media, telecommunications, and Internet issues, including issues arising in the Senate Committee on Commerce, Science, and Transportation. Prior to serving on Capitol Hill, Paul practiced law in the Telecom, Media, and Internet group of Steptoe & Johnson LLP. He graduated Phi Beta Kappa from Cornell University and earned his law degree from the University of Pennsylvania Law School.