May 2015

Candidates running for President in 2016 released divided statements following an appeals court ruling that found the National Security Agency's mass collection of US phone records is illegal. The reaction fell into three camps: those who called for Congress to pass a reform bill, those who called for the Supreme Court to finish the job, and those who remain supportive of the program.

Sen Rand Paul (R-KY), who has filed his own lawsuit over the program, said he was "pleased" with the ruling and called on the "Supreme Court to strike down the NSA's illegal spying program." "To celebrate today's ruling, we've lowered the cost of the NSA spy blocker in our campaign store," Sen Paul tweeted, referencing the simple device that covers up a computer's webcam when not in use. Democratic presidential front-runner Hillary Clinton did not speak about the decision directly but said Congress should pass the USA Freedom Act, a reform bill that would effectively end the program, by requiring that phone records be stored with telephone companies. Three of the four senators who are running for president released laudatory statements. Sen Marco Rubio (R-FL) continued to support the spy program and called for its reauthorization. "The solution is not to get rid of a program at a time when we know that the risk of homegrown violent extremism is the highest it's ever been," Sen Rubio said on the Senate floor. Sen Ted Cruz (R-TX) said the ruling confirmed what the public already knew. He also called for the Senate to pass the reform bill. "The USA FREEDOM Act ends the NSA’s unfettered data collection program once and for all, while at the same time preserving the government's ability to obtain information to track down terrorists when it has sufficient justification and support for doing so," Sen Cruz said.

Federal Trade Commission Chairwoman Edith Ramirez announced that Katherine Race Brin will serve as the FTC’s Chief Privacy Officer (CPO), succeeding Peter Miller. “I am very pleased to announce Katie Race Brin’s appointment as the FTC’s new Chief Privacy Officer,” Chairwoman Ramirez said. “Katie has served as Acting CPO since December 2014; it’s an important role, and I look forward to continuing to work with her to ensure that the FTC complies with our privacy obligations.” The FTC’s CPO coordinates efforts to implement and review the agency’s policies and procedures for safeguarding all sensitive information, and chairs its Privacy Steering Committee and the Breach Notification Response Team. Before becoming Acting CPO, Brin was Senior Advisor to the Director of the FTC’s Bureau of Consumer Protection, where she worked on legislative and policy matters involving privacy, security, and technology. From 2007 to 2014, Brin was a staff attorney in the Division of Privacy and Identity Protection. She played a key role in many of the FTC’s most significant privacy and data security cases and in 2011 received a Bureau Director’s Award.

The Government Accountability Office reviewed the Federal Communications Commission's new rule on protecting and promoting the open Internet. GAO found that:

1) the final rule establishes rules to protect and promote the open Internet. Specifically, the Open Internet Order adopts bright-line rules that prohibit blocking, throttling, and paid prioritization; a rule preventing broadband providers from unreasonably interfering or disadvantaging consumers or edge providers from reaching one another on the Internet; and provides for enhanced transparency into network management practices, network performance, and commercial terms of broadband Internet access service. These rules apply to both fixed and mobile broadband Internet access services. The Order reclassifies broadband Internet access service as a telecommunications service subject to title II of the Communications Act. Finally, the Order forbears from the majority of title II provisions, leaving in place a framework that will support regulatory action while simultaneously encouraging broadband investment, innovation, and deployment; and

2) the FCC complied with the applicable requirements in promulgating the rule.

A federal court ruled the National Security Agency’s bulk collection of American phone data is illegal and not authorized by the Patriot Act, striking down an argument made by both the Bush and Obama Administrations. Privacy advocates are celebrating, but the NSA isn’t likely to miss it if it ultimately goes away. That’s because it may not actually have been that effective.

Then-NSA Director Keith Alexander told lawmakers in 2013 that the program has stopped only one or two attacks; he urged President Barack Obama that same year to store phone data with telecommunications companies, not within the government. Also in 2013, a presidential panel reviewing the extent of NSA surveillance recommended the President stop bulk collection of data and allow a third-party to hold it. Others have said the program’s cost -- $33.3 million per year -- isn’t worth the meager results its produced. Still, some privacy advocates are praising the decision, which comes nearly two years after former NSA contractor Edward Snowden spilled many of the the NSA’s secrets to the world. The ruling specifically strikes down Section 215 of the Patriot Act. It leaves in place Section 706, which allows the government to collect internet traffic and email information. The latter provision allows the NSA to collect data on people outside of the United States.