Following a report that Google tracks user location even when users opt-out, EPIC wrote to the FTC that Google violated the 2011 consent order. EPIC said "Google's subsequent changes to its policy, after it has already obtained location data on Internet users, fails to comply with the 2011 order." EPIC also told the FTC that "The Commission's inactions have made the Internet less safe and less secure for users and consumers." The 2011 settlement with Google followed a detailed complaint brought by EPIC and a coalition of consumer organizations. The groups charged that Google had engaged in unfair and deceptive trade practices when it changed the privacy settings of Gmail users and opted them into Google Buzz. The FTC agreed with the consumer groups, Google entered into a settlement and Buzz was shuttered. FTC chairman John Liebowitz said at the time, "When companies make privacy pledges, they need to honor them. This is a tough settlement that ensures that Google will honor its commitments to consumers and build strong privacy protections into all of its operations."
A federal court in the District of Columbia has blocked EPIC's efforts to obtain a secret "Predictive Analytics Report" in a FOIA case against the Department of Justice. The court sided with the agency which had withheld the report and claimed the "Presidential communications privilege." Neither the Supreme Court nor the D.C. Circuit has never permitted a federal agency to invoke that privilege. EPIC sued the agency in 2017 to obtain records about "risk assessment" tools in the criminal justice system. These techniques are used to set bail, determine criminal sentences, and even contribute to determinations about guilt or innocence. Many criminal justice experts oppose their use. EPIC has pursued several FOIA cases to promote "algorithmic transparency," passenger risk assessment, "future crime" prediction, and proprietary forensic analysis. The case is EPIC v. DOJ (Aug. 14, 2018 D.D.C.). EPIC is considering an appeal.
EPIC and a coalition of consumer groups have asked the FTC to conclude the Facebook-Cambridge Analytica investigation by September 1, 2018. The groups said, "It is critical that the FTC conclude the Facebook matter, issue a significant fine, and ensure that the company upholds its privacy commitments to users.” Congress and the European Parliament have both conducted extensive hearings on the Cambridge Analytica matter. The U.K. Information Commissioner’s Office conducted an extensive investigation, published a substantial report, and issued a significant fine in July. The FTC announced in March that it would reopen the Facebook investigation.
