In response to EPIC's Freedom of Information Act lawsuit, the FTC has released communications about Facebook's biennial audits. The audits are required by the FTC's 2011 Consent Order with Facebook, which followed a detailed complaint by EPIC and other consumer privacy organizations. The emails show that the FTC had concerns about the scope of Facebook's 2015 assessment, stating "PwC's report does not demonstrate whether and how Facebook addressed the impact of acquisitions on its Privacy Program." In other email, the FTC expressed similar concerns about the 2017 assessment and whether the audit evaluated the company's acquisitions impact on Facebook's privacy program. EPIC had previously opposed Facebook's acquisition of WhatsApp and submitted detailed comments for the FTC's review of the merger remedy process. In March 2018, following the Cambridge Analytica breach, the FTC announced it was reopening the Facebook investigation, but still there is no announcement, no report, and no fine.
EPIC and a coalition of civil society organizations told the Australian Parliament that pending legislation would weaken digital security and increase the risks to human rights. The proposal is one of several that promotes weak encryption for digital services. In 2016, Apple refused a demand by the FBI to redesign iPhones to enable law enforcement access. The FBI sued Apple, and EPIC filed an amicus brief in support of Apple, arguing that the FBI's demand "places at risk millions of cell phone users across the United States." The FBI eventually dropped the case.
EPIC has appealed a federal district court decision for the release of a "Predictive Analytics Report." The district court backed the Department of Justice when the agency claimed the "presidential communications privilege." But neither the D.C. Circuit Court of Appeals nor the Supreme Court has ever permitted a federal agency to invoke that privilege in a FOIA case. EPIC sued the agency in 2017 to obtain records about "risk assessment" tools in the criminal justice system. These controversial techniques are used to set bail, determine criminal sentences, and even contribute to determinations about guilt or innocence. EPIC has pursued numerous FOIA cases concerning algorithmic transparency, passenger risk assessment, "future crime" prediction, and proprietary forensic analysis. The D.C. Circuit will likely hear EPIC's appeal next year.
