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“WE APPRECIATE THAT there are times when secrecy around a government warrant is needed,” Microsoft President Brad Smith wrote in a blog post on Thursday. “But based on the many secrecy orders we have received, we question whether these orders are grounded in specific facts that truly demand secrecy. To the contrary, it appears that the issuance of secrecy orders has become too routine.” With those words, Smith announced that Microsoft was suing the Department of Justice for the right to inform its customers when the government is reading their emails. The last big fight between the Justice Department and Silicon Valley was started by law enforcement, when the FBI demanded that Apple unlock a phone used by San Bernardino killer Syed Rizwan Farook. This time, Microsoft is going on the offensive. The move is welcomed by privacy activists as a step forward for transparency — though it’s also for business reasons.

Secret government searches are eroding people’s trust in the cloud, Smith wrote — including large and small businesses now keeping massive amounts of records online. “The transition to the cloud does not alter people’s expectations of privacy and should not alter the fundamental constitutional requirement that the government must — with few exceptions — give notice when it searches and seizes private information or communications,” he wrote. According to the complaint, Microsoft received 5,624 federal demands for customer information or data in the past 18 months. Almost half — 2,576 — came with gag orders, and almost half of those — 1,752 — had “no fixed end date” by which Microsoft would no longer be sworn to secrecy. These requests, though signed off on by a judge, qualify as unconstitutional searches, the attorneys argue. It “violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations — subject only to restraints narrowly tailored to serve compelling government interests,” they wrote.

Leading civil rights groups who for many years have been heavily bankrolled by the telecom industry are signaling their support for Donald Trump’s promised rollback of the Obama administration’s net neutrality rules, which prevent internet service providers from prioritizing some content providers over others. The Obama administration’s Federal Communications Commission established net neutrality by reclassifying high-speed internet as a regulated phone-like telecommunications service, as opposed to a mostly unregulated information service. The re-classification was cheered by advocates for a free and open internet. But now Trump’s new FCC Chairman Ajit Pai, a former Verizon attorney, is pushing to repeal the net neutrality reform by rolling back that re-classification — and he’s getting help not only from a legion of telecom lobbyists, but from civil rights groups. In a little-noticed joint letter released last week, the NAACP, Asian Americans Advancing Justice, OCA (formerly known as the Organization for Chinese Americans), the National Urban League, and other civil rights organizations sharply criticized the “jurisdictional and classification problems that plagued the last FCC” — a reference to the legal mechanism used by the Obama administration to accomplish net neutrality. Instead of classifying broadband as a public utility, the letter states, open internet rules should be written by statute. What does that mean? It means the Republican-led Congress should take control of the process — the precise approach that is favored by industry.

Therein lies one of the biggest problems with traditional RSVP. Each time you see text that is not centered properly on the ORP position, your eyes naturally will look for the ORP to process the word and understand its meaning. This requisite eye movement creates a “saccade”, a physical eye movement caused by your eyes taking a split second to find the proper ORP for a word. Every saccade has a penalty in both time and comprehension, especially when you start to speed up reading. Some saccades are considered by your brain to be “normal” during reading, such as when you move your eye from left to right to go from one ORP position to the next ORP position while reading a book. Other saccades are not normal to your brain during reading, such as when you move your eyes right to left to spot an ORP. This eye movement is akin to trying to read a line of text backwards. In normal reading, you normally won’t saccade right-to-left unless you encounter a word that your brain doesn’t already know and you go back for another look; those saccades will increase based on the difficulty of the text being read and the percentage of words within it that you already know. And the math doesn’t look good, either. If you determined the length of all the words in a given paragraph, you would see that, depending on the language you’re reading, there is a low (less than 15%) probability of two adjacent words being the same length and not requiring a saccade when they are shown to you one at a time. This means you move your eyes on a regular basis with traditional RSVP! In fact, you still move them with almost every word. In general, left-to-right saccades contribute to slower reading due to the increased travel time for the eyeballs, while right-to-left saccades are discombobulating for many people, especially at speed. It’s like reading a lot of text that contains words you don’t understand only you DO understand the words! The experience is frustrating to say the least.

UK's High Court found the rushed Data Retention and Investigatory Powers Act (DRIPA) to be illegal under the European Convention on Human Rights and EU Charter of Fundamental Rights, both of which require respect for private and family life, as well as protection of personal data in the case of the latter. DRIPA was challenged by two members of Parliament (MPs), Labor's Tom Watson and the Conservative David Davis, who argued that the surveillance of communications wasn't limited to serious crimes, that individual notices for data collection were kept secret, and that no provision existed to protect those who need professional confidentiality, such as lawyers and journalists. DRIPA was pushed through in three days last year after the European Court of Justice ruled that the EU data retention powers were disproportionate, which invalidated the previous data retention law in the UK. The UK High Court also ruled that sections 1 and 2 of DRIPA were unlawful based on the fact that they fail to provide precise policies to ensure that data is only accessed for the purpose of investigating serious crimes. Another major point against DRIPA was that it didn't require judicial approval, which could limit access to only the data that is strictly necessary for investigations.

DRIPA passed in only three days, but the Court allowed it to continue for another nine months, to give the UK government enough time to draft new legislation. Although this almost doubles the time in which this law will exist, it might be better in the long term, as it gives the members of Parliament enough time to debate its successor, without having to rush yet another law fearing that the government's surveillance powers will expire. This court ruling arrived at the right time, as the UK government is currently preparing the draft for the Investigative Powers Bill (also called Snooper's Charter by many), which further expands the government's surveillance powers and may even request encryption backdoors. It also joins other recent reviews of the government's surveillance laws that called for much stricter oversight done by judges rather than the government's own members. "Campaigners, MPs across the political spectrum, the Government's own reviewer of terrorism legislation are all calling for judicial oversight and clearer safeguards," said James Welch, Legal Director for Liberty, a human rights organization.

EFF, Human Rights Watch, and Over 70 Civil Society Groups Ask Mark Zuckerberg to Provide All Users with Mechanism to Appeal Content Censorship on Facebook World’s Freedom of Expression Is In Your Hands, Groups Tell CEO San Francisco—The Electronic Frontier Foundation (EFF) and more than 70 human and digital rights groups called on Mark Zuckerberg today to add real transparency and accountability to Facebook’s content removal process. Specifically, the groups demand that Facebook clearly explain how much content it removes, both rightly and wrongly, and provide all users with a fair and timely method to appeal removals and get their content back up. While Facebook is under enormous—and still mounting—pressure to remove material that is truly threatening, without transparency, fairness, and processes to identify and correct mistakes, Facebook’s content takedown policies too often backfire and silence the very people that should have their voices heard on the platform.  Politicians, museums, celebrities, and other high profile groups and individuals whose improperly removed content can garner media attention seem to have little trouble reaching Facebook to have content restored—they sometimes even receive an apology. But the average user? Not so much. Facebook only allows people to appeal content decisions in a limited set of circumstances, and in many cases, users have absolutely no option to appeal. Onlinecensorship.org, an EFF project for users to report takedown notices, has collected reports of hundreds of unjustified takedown incidents where appeals were unavailable. For most users, content Facebook removes is rarely restored, and some are banned from the platform for no good reason. EFF, Article 19, the Center for Democracy and Technology, and Ranking Digital Rights wrote directly to Mark Zuckerberg today demanding that Facebook implement common sense standards so that average users can easily appeal content moderation decisions, receive prompt replies and timely review by a human or humans, and have the opportunity to present evidence during the review process. The letter was co-signed by more than 70 human rights, digital rights, and civil liberties organizations from South America, Europe, the Middle East, Asia, Africa, and the U.S.

Billboards targeting legislators who voted to end online privacy measures earlier this year have gone up in key districts, as promised by activists. Digital rights group Fight for the Future vowed to put up the ads against Reps. Marsha Blackburn (R-Tenn.) and John Rutherford (R-Fla.), Sens. Jeff Flake (R-Ariz.) and Dean Heller (R-Nev.), as well as other lawmakers after they voted in favor of a resolution, introduced by Flake, that overturned federal rules preventing broadband providers from selling user data to third parties without consent. Blackburn, Rutherford, Flake, and Heller took large contributions from the telecommunications industry before supporting the resolution, Fight for the Future said. The billboards—paid for through a crowdfunded campaign—encourage viewers to contact the lawmakers’ offices and ask why they voted against their constituents’ privacy rights.

Flake’s resolution was introduced under the Congressional Review Act (CRA), which gives lawmakers the authority to overturn recently-introduced agency rules with a simple majority. The Federal Communications Commission (FCC) implemented the data-sharing ban in October. Once a rule is repealed under the CRA, an agency cannot reintroduce it without specific authorization by a new law.

The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”

The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:

Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number.