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    US supreme court rules Doge can access social security data during legal challenge

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    The US supreme court on Friday permitted the so-called “department of government efficiency” (Doge), a key player in Donald Trump’s drive to slash the federal workforce, broad access to the personal information of millions of Americans in Social Security Administration data systems while a legal challenge plays out.At the request of the justice department, the justices put on hold Maryland-based US district judge Ellen Hollander’s order that had largely blocked Doge’s access to “personally identifiable information” in data such as medical and financial records while litigation proceeds in a lower court. Hollander found that allowing Doge unfettered access likely would violate a federal privacy law.The court’s brief, unsigned order did not provide a rationale for siding with Doge. The court has a 6-3 conservative majority. Its three liberal justices dissented.Doge swept through federal agencies as part of the Republican president’s effort, spearheaded by billionaire Elon Musk, to eliminate federal jobs, downsize and reshape the US government and root out what they see as wasteful spending. Musk formally ended his government work on 30 May.Two labor unions and an advocacy group sued to stop Doge from accessing sensitive data at the SSA, including social security numbers, bank account data, tax information, earnings history and immigration records.The agency is a major provider of government benefits, sending checks each month to more than 70 million recipients, including retirees and disabled Americans.In their lawsuit, the plaintiffs argued that the SSA had been “ransacked” and that Doge members had been installed without proper vetting or training and had demanded access to some of the agency’s most sensitive data systems.Hollander in a 17 April ruling found that Doge had failed to explain why its stated mission required “unprecedented, unfettered access to virtually SSA’s entire data systems”.“For some 90 years, SSA has been guided by the foundational principle of an expectation of privacy with respect to its records,” Hollander wrote. “This case exposes a wide fissure in the foundation.”Hollander issued a preliminary injunction that prohibited Doge staffers and anyone working with them from accessing data containing personal information, with narrow exceptions. The judge’s ruling did allow Doge affiliates to access data that had been stripped of private information as long as those seeking access had gone through the proper training and passed background checks.Hollander also ordered Doge affiliates to “disgorge and delete” any personal information already in their possession.Based in Richmond, Virginia, the fourth US circuit court of appeals in a 9-6 vote declined on 30 April to pause Hollander’s block on Doge’s unlimited access to SSA records.Justice department lawyers in their supreme court filing characterized Hollander’s order as judicial overreach.“The district court is forcing the executive branch to stop employees charged with modernizing government information systems from accessing the data in those systems because, in the court’s judgment, those employees do not ‘need’ such access,” they wrote.The six dissenting judges wrote that the case should have been treated the same as one in which a fourth circuit panel ruled 2-1 to allow Doge to access data at the US treasury and education departments and the office of personnel management.In a concurring opinion, seven judges who ruled against Doge wrote that the case involving social security data was “substantially stronger” with “vastly greater stakes”, citing “detailed and profoundly sensitive Social Security records”, such as family court and school records of children, mental health treatment records and credit card information. More

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      Opt out: how to protect your data and privacy if you own a Tesla

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      Welcome to Opt Out, a semi-regular column in which we help you navigate your online privacy and show you how to say no to surveillance. The last column covered how to protect your phone and data privacy at the US border. If you’d like to skip to a section about a particular tip, click the “Jump to” menu at the top of this article.At the press of a button, your Tesla pulls itself out of parking spot with no one behind the wheel using a feature called Summon. It drives itself on highways using Autopilot. When you arrive at your destination, it can record nearby activity while parked with a feature called Sentry Mode.To effectively operate any of these features, your car needs to monitor and collect a large amount of data about you. Most Tesla vehicles come equipped with nine internal and external cameras. Information from your Tesla, delivered via location trackers, sensors and more, can paint an intricate picture of your life and movement.“Teslas are truly rolling surveillance platforms,” said John Davisson, a senior counsel and director of litigation at digital rights research group Electronic Privacy Information Center. “There are some privacy safeguards that Tesla offers that at least allow you, on the face of the settings, to opt out of data sharing … provided that Tesla is actually following through on those commitments.”Tesla isn’t alone in collecting a considerable amount of data to enable a suite of advanced features on your vehicle. Any connected car collects some level of information to operate. Some Tesla owners are newly concerned, given CEO Elon Musk’s role in Donald Trump’s administration.Those concerns are not entirely unfounded, according to Reem Suleiman, the director of advocacy at Mozilla Foundation, which gave Tesla a “privacy not included” grade in its assessment of the carmaker’s data security practices. For one, the company’s track record of protecting user data is shaky. In 2023, a Reuters investigation found that employees were sharing sensitive footage that vehicles captured in internal messaging forums. A Washington Post analysis of transparency reports published by Twitter and then X after Musk took over likewise showed that X acquiesced to 20% more government requests to remove content in just the first half of 2024 than Twitter did in all of 2021 – the last time the company published the transparency report.We spoke to privacy experts, consulted Tesla’s privacy policy and even asked Tesla’s own AI chatbot how to share the least amount of data with Tesla as possible. If you own a Tesla, there are some precautions you can and, in many cases, should take with regards to your vehicle. But be forewarned: adjusting these settings so that you share the least possible amount of data with Tesla will shut off access to many of your car’s functions.“They pretty much say that, if you choose to opt out of data collection, then your car is essentially a lemon,” Suleiman said. “They essentially say that your vehicle can have reduced functionality, serious damage or inoperability. So it’s kind of a non-choice, when you think about it.”Here’s what you need to know about your privacy in Tesla vehicles:What information is your Tesla collecting about you?Tesla’s privacy policy details a wide swath of data that its vehicles collect – most of which is stored locally but is also sent to the company unless you change your settings.According to Tesla’s AI chatbot, information collected on you includes: “location data (although Tesla doesn’t record or store vehicle-specific GPS information, except in the case of a crash); driving habits and behaviors (such as speed, braking patterns, and acceleration); diagnostic and vehicle usage data (to help improve Tesla’s products and services); infotainment system data (like browsing history and voice commands) and Autopilot data (camera recordings, sensor readings, and other inputs to support advanced safety features)”.The good news is that data can be collected and stored on your vehicle’s local drives if opt out of sharing information with the company. The bad news is that data can still be accessed if law enforcement somehow gets a hold of your vehicle during a traffic stop or other circumstance, according to the Electronic Privacy Information Center’s Davisson.And it’s not just your car that’s collecting information. The Tesla mobile app, from which you can activate Sentry Mode or Summon, also collects location, contact, browsing and device information. Read on for how to dial back how much your car monitors you.Who is Tesla sharing your data with?If you opt to share your data with Tesla, all of the data it collects on you may be shared with third parties, including law enforcement. According to the company’s privacy policy, in addition to sharing data with law enforcement when the company receives a valid court order, Tesla will also share data when it is “essential to protect national security or public safety”. Davisson says that language is vague and opens the door for video footage to be shared with law enforcement for any number of reasons. Recently, for instance, the FBI has categorized vandalism of Tesla vehicles and showrooms as “domestic terrorism”.“Especially now, when everything is apparently a national emergency, it’s a very short hop from that to considering immigration enforcement to be a safety issue that requires constant sharing of real-time footage to Ice or other law enforcement officials,” said Davisson. “And it’s a scary situation.”So how do you protect your data?Consider other vehiclesEveryone has a different risk profile when it comes to their privacy. Some people may be more concerned than others about who is gaining access to their personal information. It’s not just your own privacy you need to be cognizant of, however, as Tesla’s exterior cameras can collect footage of people around the vehicle as well.If you are concerned about information gathering and don’t already have a Tesla, privacy experts say you should opt for a different car. If you do have one and want to reclaim your privacy, sell it. Even Tesla’s AI chatbot gave similar advice.“If someone is deeply concerned about their privacy, they might consider alternatives, such as: 1 Opting for a vehicle manufacturer with more restrictive data collection practices (though this might come at the cost of reduced convenience features); 2 Exploring aftermarket solutions or modifications that could potentially reduce data sharing (though this might void warranties or introduce compatibility issues).”skip past newsletter promotionafter newsletter promotionFactory-reset your car before selling itSo you’ve already bought a Tesla, and you’ve decided to sell it. Suleiman and the Mozilla Foundation highly recommend factory-resetting the car before you do. That means your car will be wiped of all of its data as if it was just coming off the lot.“Just because you sell your car off doesn’t mean that you’ve scrubbed the data,” Suleiman said. “It requires a little bit of due diligence.”So before you take the vehicle off your Tesla account, you will need to factory-reset your car from your in-car settings. Sit in the driver’s seat and follow these steps:1 Go to Controls > Service > Factory Reset.2 Enter your Tesla account username and password to verify your credentials.3 Confirm that you want to perform a factory reset.“This will erase all personal data, including saved addresses, music favorites and imported contacts, and restore your car’s settings to their factory defaults,” according to Tesla’s AI chatbot. The company also recommends deleting your “HomeLink” devices – which can allow you to control things like your garage door, lights or home security system from your Tesla. Do that by clicking on the “HomeLink” icon at the top of the “Controls” screen then going to HomeLink settings, where you can remove connections to other devices.How to share the least amount of your data with TeslaIn the settings of your vehicle and the Tesla app, you can opt not to share your data with the company. But as we’ve said before, be prepared to lose some functionality of your car.Opting out of data-sharing in your car is fairly straightforward. In your vehicle, go to Settings > Software > Data sharing. Turn off “allow data sharing”. This will disable the sharing of analytics, road segment, diagnostic and vehicle usage data. Tesla’s AI chatbot also recommended turning off “allow Autopilot analytics” to stop sharing Autopilot-related data.Opt out of mobile app location and data sharing. In the Tesla app, go to Settings (the button will either look like three horizontal lines or a gear icon). Then scroll down to Security and Privacy. Then select turn off Location Services. Click Turn off Analytics to stop sharing app usage data to the company. Then revoke access to your camera, microphone and contacts.“By following these steps, you’ll be sharing the least amount of data with Tesla while still enjoying the core features and functionalities of your vehicle and mobile app,” according to the Tesla AI chatbot.But this will affect the functionality of your car. According to Tesla’s chatbot, data sharing will affect these features:“Remote vehicle monitoring and control through the mobile app (eg, checking your vehicle’s status, location, and surroundings); navigation and routing optimization (although basic navigation will still work); geofencing and smart preconditioning (your vehicle won’t be able to anticipate your arrival or departure); some Autopilot features, such as traffic-aware cruise control and automatic emergency braking, may not function optimally; over-the-air software updates might be delayed or unavailable; certain advanced safety features, like Emergency Services, may not work seamlessly.”“I don’t think it should be a trade-off,” Davisson said. “It is true that some of the collision avoidance systems and autonomous features on Teslas like other vehicles do rely on data collection and cameras. But it should not come at the cost of the privacy, certainly of the driver or passengers of the vehicle or for people that happen to be in the area surrounding the vehicle.” More

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      Watchdog investigates seizure of Democrats’ phone data by Trump DoJ

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      The US justice department’s internal watchdog launched an investigation on Friday after revelations that former president Donald Trump’s administration secretly seized phone data from at least two House Democrats as part of an aggressive leaks inquiry related to the Russia investigation into Trump’s conduct.Democrats in Congress called the seizures a “shocking” abuse of power, while the White House labeled the revelations “appalling”.The announcement by the DoJ inspector general, Michael Horowitz, came shortly after the deputy attorney general, Lisa Monaco, made the request on Friday morning.Horowitz said he would examine whether the data turned over by Apple followed department policy and “whether any such uses, or the investigations, were based upon improper considerations”.It was revealed late on Thursday that the US justice department under Trump had taken data from the accounts of at least two members of the House of Representatives intelligence committee in 2018 as part of an aggressive crackdown on leaks related to the Russia investigation and other national security matters, according to a committee official and two people familiar with the investigation.Prosecutors from the previous president’s DoJ subpoenaed Apple for the data, according to the people, who were granted anonymity to discuss the secret seizures first reported by the New York Times.The records of at least 12 people connected to the intelligence panel were eventually shared, including the chairman, Adam Schiff, who was then the top Democrat on the committee.The California Democratic congressman Eric Swalwell was the second member, according to spokeswoman Natalie Edelstein. The records of aides, former aides and family members were also siezed, including one who was a minor, according to the committee official.Apple informed the committee last month that their records had been shared, but did not give extensive detail. The committee is aware, though, that metadata from the accounts was turned over, the official said.The records do not contain any other content from the devices, like photos, messages or emails, one of the other people said. The third person said that Apple complied with the subpoena, providing the information to the DoJ, and did not immediately notify the members of Congress or the committee about the disclosure.While the justice department routinely conducts investigations of leaked information, including classified intelligence, opening such an investigation into members of Congress is extraordinarily rare.Schiff tweeted: “Trump repeatedly demanded the DoJ go after his political enemies. It’s clear his demands didn’t fall on deaf ears. This baseless investigation, while now closed, is yet another example of Trump’s corrupt weaponization of justice. And how much he imperiled our democracy.”Trump repeatedly demanded the DOJ go after his political enemies.It’s clear his demands didn’t fall on deaf ears. This baseless investigation, while now closed, is yet another example of Trump’s corrupt weaponization of justice.And how much he imperiled our democracy.— Adam Schiff (@RepAdamSchiff) June 11, 2021
      The disclosures, as first reported by the New York Times, raise questions about what the department’s justification was for spying on another branch of government and whether it was done for political reasons.The Trump administration’s attempt to secretly gain access to data of individual members of Congress and others connected to the panel came as the president was fuming publicly and privately over investigations – in Congress and by the special counsel Robert Mueller – into his campaign’s ties to Russia. Trump called the probes a “witch-hunt”, regularly criticized Schiff and other Democrats on Twitter and repeatedly dismissed as “fake news” leaks he found personally harmful to his agenda. As the investigations swirled around him, he demanded loyalty from a justice department he often regarded as his personal law firm.The House speaker, Nancy Pelosi, said in a statement that “these actions appear to be yet another egregious assault on our democracy” waged by the former president.“The news about the politicization of the Trump administration justice department is harrowing,” she said.Schiff, now the panel’s chair, also confirmed in a statement on Thursday evening that the DoJ had informed the committee in May that the investigation was closed. Still, he said: “I believe more answers are needed, which is why I believe the inspector general should investigate this and other cases that suggest the weaponization of law enforcement by a corrupt president.”The justice department told the intelligence panel then that the matter had not transferred to any other entity or investigative body, the committee official said, and the department confirmed that to the committee again on Thursday.The panel has continued to seek additional information, but the department has not been forthcoming in a timely manner, including on questions such as whether the investigation was properly predicated and whether it only targeted Democrats, the committee official said.It is unclear why Trump’s justice department would have targeted a minor as part of the investigation. Another Democrat on the intelligence panel, the Illinois representative Mike Quigley, said he did not find it even “remotely surprising” that Trump went after committee members’ records during the Russia investigation.“From my first days as part of the Russia investigation, I expected that eventually, someone would attempt this – I just wasn’t sure if it would be a hostile government or my own,” Quigley said.And the Florida congresswoman Val Demings, an impeachment manager in Trump’s first Senate trial, and who is now challenging Republican Florida Senator Marco Rubio for his seat, tweeted: “It is outrageous but not surprising. We have a former president with no regard for the rule of law or for those who enforce the laws.” More

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      Pacific data cable not safe from China if Hong Kong included, says US

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      Justice department says ‘recent actions’ by China towards its territory indicate landing station could expose US communications to spying The US justice department wants an undersea data cable to bypass Hong Kong for fear Beijing could harvest American data. Photograph: Anthony Wallace/AFP via Getty Images The US government wants a high-capacity undersea data cable system […] More

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      The Guardian view on Trump tracking phones: it could happen here | Editorial

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      In the US, lax regulation around personal data has allowed political campaigns to track voters and their ideological leanings. The UK could follow this by unwinding current EU-modelled safeguards Donald Trump uses nativist anger to put his government beyond empirical argument. His presidency has eroded the norms of political conflict. He poses an ever-present danger […] More