The government’s surveillance powers grew rapidly after Sept. 11, 2001, some in public view and some in secret. EFF suspected but couldn’t prove that the National Security Agency was spying on Americans' communications. The New York Times sat on a story about it for over a year, finally publishing it in December 2005. Then, in January 2006, a retired AT&T technician named Mark Klein walked into EFF's office with a manila folder of documents that blew the story wide open. 

Welcome to the third episode of “Privacy’s Defenders,” a podcast about the people – lawyers, journalists, hackers, and others – who’ve fought to secure your digital liberties since before most people even knew what the internet was.

Privacy info. This embed will serve content from simplecast.com

(You can also find this episode on YouTube.)

In this episode, former EFF Executive Director Cindy Cohn talks with former EFF lawyer Kevin Bankston, who was at his desk drafting a lawsuit against AT&T when Klein showed up. Less than two weeks later, EFF sued the phone company on behalf of its own customers in Hepting v. AT&T. Cindy speaks again with now-retired Justice Department lawyer Tony Coppolino, who asked for the opportunity to defend the case. He called EFF with a warning after Klein’s documents were filed in court: If they were classified, EFF would be in big trouble. You’ll also hear from Klein himself, and from Carolyn Jewel, a romance novelist and AT&T customer who became the lead plaintiff in EFF's related case against the NSA. 

It's the story of a secret room in a San Francisco phone company building, a heroic whistleblower, and the people who refused to let mass surveillance stay hidden. 

The “Privacy’s Defenders” podcast is a follow-up to Cindy’s book, “Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance,” bringing to life pivotal moments in the voices of those who fought for your rights. Sales of “Privacy’s Defender” benefit EFF, so pick up your copy today!  

Joanne Elgart Jennings co-produced and created this podcast.   

Jarrod Sport co-produced, mixed, and mastered it.   

Corinne Ruff is our story editor. 

We had additional help from Rachel Estabrook and Alison Broverman. 

The original music was composed and performed by Nat Keefe of Hot Buttered Rum with Ben Andrews on the fiddle. 

SAN FRANCISCO – The Electronic Frontier Foundation (EFF) has published “Online Privacy for Parents and Youth,” a new guide to help families protect themselves online. 

"Parents don’t need to be technology experts to help their children navigate the digital world safely” said EFF Public Interest Technology Director Babette Ngene. “At EFF, we believe in empowering families with the knowledge and confidence to make informed decisions about their digital lives. It’s about meeting families where they are and giving parents the guidance they need to have meaningful conversations with their children about digital safety, based on what works best for their families.” 

EFF launches this crucial resource as state and local governments consider enacting well-meaning but ill-advised laws that cut young people off from essential information and experiences, particularly harming vulnerable youth and marginalized groups who often find safety in supportive online communities they can't access offline. Such laws also entail age gating, which compromises the privacy of all internet users and stifles young users’ ability to learn, grow, and express themselves. 

“Deciding how to help your young people use the internet—including engaging with video games, social media, web search, and everything else—is a complicated topic that touches on many different skillsets and ideas,” said EFF Senior Security and Privacy Activist Thorin Klosowski. “But ultimately it's up to families – not governments – to decide when and how to engage with these sorts of questions.” 

Each young person has unique needs, and, just like their wardrobe, that changes as they age. Parents can engage in thoughtful planning to find the best, most efficient solutions that evolve along with their children.  

EFF’s guide is about helping parents explore their concerns and identify the threats their children face – like trusting AI chatbots or sharing personal information with strangers – and then determine steps they and their children can take to mitigate those risks while still using the games, educational materials, and communication platforms that help them grow. 

The guide also compiles links to parental control setup documentation for a variety of popular devices and platforms, and advises parents on quick, easy tasks they can perform to advance their children’s online privacy. 

For the guide: https://ssd.eff.org/module/online-privacy-for-parents-and-youth

Barry Steinhardt, a lifelong privacy champion and an early leader in the battle for digital civil liberties who served as EFF’s president in 1998-99, died last week at age 73. 

A Connecticut native, Steinhardt led the Vermont and Pennsylvania affiliates of the American Civil Liberties Union before becoming associate director of the national ACLU. There, he helped spearhead the fight to overturn much of the Communications Decency Act, resulting in the U.S. Supreme Court’s landmark Reno v. ACLU ruling in 1997. 

When the internet was still young, Steinhardt became one of the first attorneys to specialize in the intersection of technology and privacy. In early 1998 he took a leave of absence from the ACLU to become EFF’s president, and then returned to the ACLU in 1999. 

In 2002 he founded the ACLU’s Program on Technology and Liberty. After retiring from the ACLU, he continued on as a senior advisor to London-based Privacy International. 

Steinhardt chaired the 2003 Computer Freedom and Privacy Conference and served on a wide variety of significant panels and boards, including the Department of Transportation’s Negotiated Rule Making on national driver’s license standards, the Advisory Committee to the US Census, and the Blue Ribbon Panel on Genetics of the National Conference of State Legislatures. He also was selected to be a member of the US delegation to the G-8 Government and Private Sector Tokyo conference on Cyber Crime and served as an advisor to the Czech Helsinki Committee.  

“Barry led many critical technology and civil liberties fights and was an important mentor to me and others in the field,” said EFF Executive Director Nicole Ozer. “Barry’s influential work across strategy to defend and advance privacy rights and safeguard people against surveillance has made its mark on the law and policy of our digital world and protected the rights and safety of people across the United States and around the world.”   

When we communicate online today – from your personal emails and DMs to secure international commerce – we usually do so with encryption. Encryption converts readable data into unreadable gibberish to protect our privacy and security. This didn’t just happen organically. Three decades ago, the U.S government treated encryption like a weapon, and it took some unlikely heroes to set it free: a grad student, a junior lawyer, and a fledgling digital rights group who sued the federal government. 

The ruling in Bernstein v. Department of Justice held that code is speech and so is protected by the First Amendment – a precedent that underpins the internet as we know it today. This landmark case was led by Cindy Cohn, then a young pro bono lawyer working on behalf of EFF, who went on to become EFF’s legal director and then executive director. 

Welcome to the second episode of “Privacy’s Defenders,” a podcast about the people – lawyers, journalists, hackers, and others – who’ve fought to secure your digital liberties since before most people even knew what the internet was. 

Privacy info. This embed will serve content from simplecast.com

(You can also find this episode on the Internet Archive and on YouTube.)

In this episode, Cindy – who left EFF in June – speaks with Dan Bernstein, who was a Cal Berkeley grad student when he developed a simple encryption algorithm called “Snuffle.” Because federal law classified encryption as a war munition, publishing Snuffle meant submitting it to the government for review, getting a license as an arms dealer, and being granted a license the government had no intention of granting. Bernstein felt this violated his free-speech rights and in 1995 he sued, represented by Cindy working with EFF. 

Cindy also talks with Tony Coppolino, the Justice Department lawyer she battled in court – who admits she intimidated him from their very first phone call, and who offers a surprising perspective on the case all these years later. 

The “Privacy’s Defenders” podcast is a follow-up to Cindy’s book, “Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance,” bringing to life pivotal moments in the voices of those who fought for your rights. Sales of “Privacy’s Defender” benefit EFF, so pick up your copy today!

Joanne Elgart Jennings co-produced and created this podcast.   

Jarrod Sport co-produced, mixed, and mastered it.   

Corinne Ruff is our story editor. 

We had additional help from Rachel Estabrook and Alison Broverman. 

The original music was composed and performed by Nat Keefe of Hot Buttered Rum with Ben Andrews on the fiddle.

People are increasingly concerned about the ways in which mass surveillance is tracking our every move: from Flock license plate readers to face recognition to creepy ads that – based on what we see and do online – seem to know everything we’re thinking and planning. It didn’t have to be this way, and since the early days of the internet, a dedicated band of activists, lawyers and technologists have fought for a better, more secure and private digital future – a future that’s still attainable.  

Cindy Cohn, who just finished a 26-year run with the Electronic Frontier Foundation including 11 years as its executive director, has lived this fight. She says privacy isn’t just about secrecy: It's ultimately about power – who has it, and who has the ability to protect themselves from it.   

Welcome to the first episode of “Privacy’s Defenders,” a podcast about the people – lawyers, journalists, hackers, and others – who’ve fought to secure your digital liberties since before most people even knew what the internet was.

Privacy info. This embed will serve content from simplecast.com

(You can also find this episode on the Internet Archive and on YouTube.)

In this episode, Cindy talks with EFF cofounder John Gilmore about how he – an early employee at Sun Microsystems – came together with Lotus Development cofounder Mitch Kapor and cattle rancher, philosopher and Grateful Dead lyricist John Perry Barlow to create EFF as a bulwark against government investigation and prosecution of early internet users.  

It’s a story of the Secret Service’s “Operation Sundevil,” jet-setting tech titans, tie-dyed cypherpunks, and a fateful house party in San Francisco’s Haight-Ashbury district amid the earliest days of online communications, setting the stage for the battles that created the internet as we know it and issues we still grapple with today. 

The “Privacy’s Defenders” podcast is a follow-up to Cindy’s book, “Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance,” bringing to life pivotal moments in the voices of those who fought for your rights. Sales of “Privacy’s Defender” benefit EFF, so pick up your copy today! 

Joanne Elgart Jennings co-produced and created this podcast.  

Jarrod Sport co-produced, mixed, and mastered it.  

Corinne Ruff is our story editor.

We had additional help from Rachel Estabrook and Alison Broverman.

The original music was composed and performed by Nat Keefe of Hot Buttered Rum with Ben Andrews on the fiddle.  

And other archival sound came from the Internet Archive's amazing collection, including the snippet of the Grateful Dead song “Cassidy” that John Perry Barlow co-wrote. 

The Electronic Frontier Foundation (EFF) is honored to announce today that Alexander “amac” Macgillivray — a former White House official who also served in top legal capacities at Twitter and Google — has joined EFF’s Board of Directors. 

Macgillivray served in the Biden Administration as Deputy Assistant to the President and Principal Deputy U.S. Chief Technology Officer in the Office of Science and Technology Policy, and earlier had held a similar position in the Obama Administration. Macgillivray was one of the co-authors of the Biden Administration’s Blueprint for an AI Bill of Rights and oversaw many of the Administration’s AI initiatives, such as organizing its AI CEO convening, leading its working group on federal AI policy, and overseeing the creation of the National AI Research and Development Strategic Plan and National AI Research Resource. 

He was Twitter's General Counsel from 2009 to 2013, leading the Corporate Development, Public Policy, Communications, and Trust & Safety teams. Before that he was Deputy General Counsel at Google from 2003 to 2009, where he created the Product Counsel team.  

“One of the things I am currently focused on is positively impacting AI development,” Macgillivray said. “The EFF is uniquely situated for that purpose because it combines top-notch legal, technical and advocacy staff with a long history of fighting for people’s rights while encouraging the positive development of technology. I’m thrilled to be joining the board.”

Macgillivray joins a dynamic EFF Board led by Board Chair Gigi Sohn and Vice Chair Brian Behlendorf, and including fellow Board Members Erica Astrella, Anil Dash, Sarah Deutsch, Tadayoshi Kohno, Pamela Samuelson, Bruce Schneier, James Vasile, Tarah Wheeler, and Jonathan Zittrain.

“The EFF Board is thrilled to have Alex join our ranks,” Sohn said. “I’ve worked with Alex for over two decades and have always been impressed not only with his intelligence and grace, but also his ability to think outside the box. His deep experience with non-profit boards will be invaluable as EFF enters a new and exciting chapter.”

Macgillivray currently also serves on the boards of The Trust & Safety Foundation, The Trust & Safety Professional Association and Public Resource. He is an affiliate at the Berkman Klein Center for Internet & Society at Harvard University. Macgillivray earned a law degree from Harvard, a bachelor’s degree in Reasoning & Decision Making from Princeton University, and a New Jersey Teaching Certificate. 

“The vanguard leadership of EFF Board members to ensure technology supports rights, justice, freedom, and innovation for all people has never been more critical,” EFF Executive Director Nicole Ozer said. “Many of the threats that once seemed hypothetical are now reality and the work of our EFF community is fundamental to the future of our countries, our livelihoods, and literally our lives. I feel fortunate to have amac join as a Board member as I begin my tenure as Executive Director. His diverse expertise will be invaluable to make sure that EFF is stronger than ever to meet this moment.” 

Members of the Board of Directors ensure the managerial and financial health of the organization.  EFF is the leading nonprofit organization defending civil liberties in the digital world. Learn more about our cutting-edge work on AI issues, and please donate today to help keep us fighting for a brighter digital future.

Donate to EFF

SAN FRANCISCO - Technology and the laws that regulate it should support and empower young people. California’s AB 1709 - signed into law today by Gov. Gavin Newsom - falls far short of this goal, say the Electronic Frontier Foundation (EFF) and its allies.   

Using technology is how we learn and build community in today’s world. Laws such as AB 1709, a functional ban on social media use for people under the age of 16, instead cut young people off from essential information and experiences. That particularly harms those already facing increased challenges, who often find safety in supportive online communities that they can’t always access in the physical world.  

"California should be passing laws to ensure that technology really works for people of all ages, not enacting social media bans that cut young people off from digital lifelines, communities, and speech," said EFF Associate Director of State Affairs Rindala Alajaji. "Denying minors access to digital forums - or stripping out basic tools needed to navigate them - is not going to help make young people safer or healthier in the AI age."  

Research shows social media bans are ineffectual, while also denying young people opportunities to develop their own voices and perspectives—to share their art, practice religion or engage in politics.   

Age-gating requirements also force everyone to give up more personal information. To verify who can pass through their online gates, companies will collect even more data, and this further concentrates power in the hands of companies, rather than protecting people.  

AB 1709 is also inconsistent with rights to free expression and California will be spending resources to defend a law tied up in court. Instead, we should redouble our efforts to get technology laws right—and support the passage of new robust privacy laws that target surveillance business models. That’s how we protect everyone in the AI age.   

Young people should be able to use technology in safe and healthy ways. The Golden State should model the gold standard laws that ensure technology works for everyone, rather than shut down access to digital forums in ways that do more harm than good. 

"Social media bans like AB1709 make kids less safe, while undermining privacy and freedom of expression for everyone,” said Evan Greer, Director of Fight for the Future. “Young people have been on the forefront of every social movement throughout history that has led to positive social change. We need policies that empower young people rather than silencing them. These kid-focused bans are a gift to Big Tech giants, allowing them to continue operating their harmful business model while incentivizing them to collect even more data. California lawmakers should be ashamed. They didn't do anything to protect the kids, they just used kids as pawns to make good headlines."  

“In a world of increasing stigma and marginalization for LGBTQ+ families, AB 1709 continues that trend by stripping people with LGBTQ+ parents of the ability to meet and build community with one another on the internet” said Jordan Wilson, Executive Director of COLAGE. “Beyond obstructing the right of youth with LGBTQ+ parents to access information, this bill places an undue burden on all Californians by forcing age verification at a time when digital privacy rights are being eroded globally. We cannot ‘protect children’ by stripping them of their primary avenue for connection.” 

EFF is pleased to announce that Access Now, 7amleh – The Arab Center for the Advancement of Social Media, DeFlock, and New Media Rights have received 2026 EFF Awards for their vital work in ensuring that technology supports freedom, justice, and innovation for all people. 

The EFF Awards recognize specific and substantial technical, social, economic, or cultural contributions in diverse fields including journalism, art, digital access, legislation, technology development, and law. 

For the past 30 years, the EFF Awards—previously known as the Pioneer Awards—have recognized and honored key leaders in the fight for freedom and innovation online. Started when the internet was new, the Awards now reflect the fact that the online world has become both a necessity in modern life and a continually evolving set of tools for communication, organizing, creativity, and increasing human potential.  

Supporting a global community advancing digital rights, defending digital access in crisis zones, empowering communities to take action against surveillance, and providing free legal assistance for creators and consumers to fight back against digital threats are high callings that help bring about a better tech future for all. We are pleased to honor these organizations with 2026 EFF Awards. 

Access Now – Fostering Change in Human Rights and Technology

Access Now, founded in 2009 as an emergency response team helping Iranian activists get back online and communicate safely, has grown into one of the world’s foremost organizations defending and extending the digital rights of people and communities at risk and supporting the global fight against technological repression.  

Its 24/7 Digital Security Helpline offers real-time, direct technical assistance and advice to civil society groups and activists, media organizations, journalists and bloggers, and human rights defenders. It provides grants to frontline organizations working with people and communities most impacted by digital rights violations. It educates decision makers and pressures the powerful. And it organizes RightsCon, a leading annual summit on human rights in the digital age, where activists, technologists, policymakers, business leaders, journalists, philanthropists, researchers, and artists can connect, collaborate, and drive change at the intersection of human rights and technology. 

7amleh – The Arab Center for the Advancement of Social Media – Defending and Advancing Digital Access and Rights Across the MENA Region

7amleh - The Arab Center for the Advancement of Social Media protects and expands digital access and rights for Palestinians and across the MENA region. The nonprofit investigates and monitors challenges to digital rights, focusing on internet access, privacy, freedom of expression and association online. It builds the capacity of activists, human rights defenders, and civil society organizations to provide training about digital rights, gender sensitive digital security, and effective online advocacy.  

7amleh also advocates for changes to the digital rights policies and practices of governments, corporations and other influential institutions and individuals locally, regionally and internationally. It plans and manages advocacy and awareness-raising campaigns and builds networks and coalitions to promote access to safe, fair and free online spaces. For example, 7amleh has led the #ReconnectGaza campaign, supported by dozens of international NGOs including EFF, to restore full internet access in Gaza – a crucial lifeline for residents, journalists, activists, and first responders.  

DeFlock – Exposing the ALPR Surveillance Network

DeFlock is an open-source, volunteer-powered project that maps surveillance devices across the world, helping communities hold their governments and surveillance vendors accountable and understand where and how they're being watched. Founded in 2024 by software engineer and privacy advocate Will Freeman, DeFlock shines a light on the widespread use of automated license plate reader (ALPR) technology and the threats it poses to personal privacy and civil liberties.  

DeFlock resources help people request public records, speak to local lawmakers, and take action against ALPR surveillance. Its work has helped foster a national grassroots community of anti-surveillance activists fighting back against this dangerous surveillance technology. 

New Media Rights – Helping Creators Fight Back Against IP Bullies

New Media Rights (NMR) is a San Diego-based nonprofit program of California Western School of Law dedicated to defending digital rights through legal services, education, and public policy advocacy. Since its inception, NMR has been at the forefront of protecting creators, entrepreneurs, and internet users from digital threats such as copyright abuse, online harassment, and privacy violations. 

In addition to providing free legal assistance, NMR has produced hundreds of freely available video and written legal education guides for creators and consumers, including the Fair Use App for filmmakers and video creators. It has participated in regulatory proceedings on net neutrality, Digital Millennium Copyright Act anti-circumvention, and copyright reform. Its work has also helped support access to public information and greater business and government accountability. 

SAN FRANCISCO – Some software development kits (SDKs) provided by advertising companies to help developers monetize their apps are automatically feeding users’ location data into systems that location data brokers use to track people, an Electronic Frontier Foundation (EFF) report found. 

EFF began investigating the location-sharing practices of various advertising SDKs to better understand the pipeline from mobile apps to location data brokers. The probe revealed how such SDKs can facilitate and encourage location data sharing – without users’ knowledge or meaningful consent – through privacy-invasive defaults, financial incentives, and unclear documentation.    

“Defaults matter, not just for users, but for app developers as well. If app developers don’t pay close attention to the location-sharing settings of their advertising tools, they could inadvertently expose users’ location information,” EFF Staff Technologist Lena Cohen said. “Users can take extra steps to defend their location privacy, but they shouldn’t have to. Developers, regulators, and legislators must act to stop apps from leaking users’ location to advertising companies and data brokers.” 

Cohen and EFF Senior Staff Technologist Bill Budington reviewed the public developer documentation of dozens of widely used advertising SDKs to identify how they handle and communicate with developers about location data.  

In their analysis, they highlighted four advertising SDKs that collect and share a user's location by default for ad targeting whenever the user has given the app location permissions: InMobi, BidMachine, Verve’s HyBid, and Huawei’s Petal Ads. But EFF’s focus on these four does not mean that other SDKs adequately protect location data or that developers never choose to share location data when it’s not the default. In fact, advertising SDKs not discussed in this investigation have been criticized and sued for collecting location data without valid user consent.  

“When developers let advertising SDKs collect location data, they’re putting users at risk of more than just creepy ads,” Budington said. “Location information sourced from the advertising industry has been used for ICE investigations, global spy tools, outing a gay priest, tracking union organizers, and tracking US military personnel. Developers have a responsibility to protect their users’ from these harms, regardless of advertising SDKs’ default settings.” 

For the EFF report: https://www.eff.org/deeplinks/2026/07/developers-beware-ad-libraries-betray-your-users-location-privacy

For more on location data brokers: https://www.eff.org/issues/location-data-brokers 

For more on SDKs: https://www.eff.org/deeplinks/2022/06/how-federal-government-buys-our-cell-phone-location-data   

What do EFF staffers Sarah Chen, Javier Morales, Caitlin Chin, Emma Rodriguez, and Mikko Kopponen have in common? 

For one thing, they don’t exist. 

For another, all have been quoted as EFF experts in articles published in the past two months on a site called News-USA Today, which describes itself as “an independent news publisher focused on clear, accurate, and useful journalism.” 

Uh… 

(Please don’t confuse this site with USA Today, in which real EFF experts are accurately quoted on a regular basis.) 

News-USA Today is hardly the only slagheap that’s hallucinating or fabricating EFF personnel and quotes; as we wrote last September, media companies large and small are using AI to generate news content because it’s cheaper than paying for journalists’ salaries, but that savings can come at the cost of the outlets’ reputations— assuming they care about reputation at all. 

But this many fake EFF sources in two months? That’s making a play for the championship title of bogus news content. 

News-USA Today’s site proclaims, “Our goal is simple: give readers the facts and the context they need to make informed decisions.” It then defines its mission:

• “Deliver timely, factual reporting grounded in verifiable sources and public documents.”
• “Make complex topics understandable without losing nuance or accuracy.”
• “Serve the public interest by surfacing stories that affect lives, institutions, and communities.”
• “Maintain a clear separation between news, analysis, opinion, and sponsored content.” 

Attempts to reach contacts listed on the site went unanswered. In fact, after we reached out to them, they published a story on June 9 with quotes from Electronic Frontier Foundation Executive Director Jared Cohen — who also doesn’t exist. 

As we noted last year, EFF is all about having our words spread far and wide. Per our copyright policy, any and all original material on the EFF website may be freely distributed at will under the Creative Commons Attribution 4.0 International License (CC-BY), unless otherwise noted.  

However, we don't want disreputable sites making up words (or false identities!) for us, whether or not they’re using AI. False quotations that misstate our positions damage the trust that the public and reputable media outlets have in us.  

The best thing a news consumer can do is invest a little time and energy to learn how to discern the real from the fake. It’s unfortunate that it's the public’s burden to put in this much effort, but while we're adjusting to new tools and a new normal, a little effort now can go a long way.   

As we’ve noted before in the context of election misinformation, the nonprofit journalism organization ProPublica has published a handy guide about how to tell if what you’re reading is accurate or “fake news,” as has FactCheck.org. 

President Trump’s highly politicized appointment of an entirely unqualified acting Director of National Intelligence (DNI) underscores why the government’s warrantless mass spying power must be reformed. 

Congress now faces a deadline of Friday, June 12 to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, an unconstitutional program rife with problems, loopholes, and compliance issues. Section 702 allows the National Security Agency to collect communications from targets overseas – including communications with Americans in the U.S. – and stores them in massive databases. The NSA then allows other agencies, including the Federal Bureau of Investigation, to access untold amounts of that information.  

Under current practice, the FBI can query and even read the U.S. side of that communication without a warrant. What’s more, victims won’t even know and have very few ways of finding out that their communications have been surveilled. EFF and other civil liberties advocates have been trying for years to know how data collected through Section 702 is used in domestic investigations and prosecutions.  

Our advocacy to reform Section 702 has been consistent across administrations, including when the federal Intelligence Community was run by people with experience in the relevant agencies. In fact, the 2004 law creating the position of DNI – which coordinates America’s 18 spy agencies – requires those who hold it to have “extensive national security expertise.” 

Enter Bill Pulte. 

Trump on Tuesday named Pulte – currently director of the Federal Housing Finance Agency (FHFA) and chairman of Fannie Mae and Freddie Mac – to replace current DNI Tulsi Gabbard, who announced her resignation last month. Pulte lacks any intelligence, military, or congressional experience.  

“William has deep experience managing the most sensitive matters in America, the safety and soundness of the Markets, and over 10 Trillion Dollars at Fannie Mae/Freddie Mac, a substantial increase from where it was just 12 months ago,” Trump wrote on his Truth Social platform.

Pulte isn't a qualified intelligence administrator. He does, however, seem to be unquestioningly loyal to President Trump and willing to use his position to attack and smear the President’s political foes.   

Because Trump named him acting DNI, Pulte isn’t subject to Senate confirmation. And under the Vacancies Act, Pulte could remain in the role for about seven months. 

This is particularly concerning because of Pulte’s history of using private information held by the government as a political weapon. In his FHFA role, he has accused several of the President’s political foes and targets – including New York State Attorney General Letitia James, U.S. Sen. Adam Schiff, D-Calif., and Federal Reserve governor Lisa Cook – of mortgage fraud based on private data held by his agency.  

All these targets and others have denied wrongdoing. A federal criminal complaint filed against James in Virginia imploded after a judge found prosecutor Lindsey Halligan had been unlawfully appointed, and prosecutors twice failed to convince a grand jury to indict James. Pulte’s accusations against Schiff, Cook, and others have not led to criminal charges. 

Pulte also used his FHFA pulpit to attack then-Federal Reserve Chair Jerome Powell and dismantle internal oversight. 

Pulte isn't a qualified intelligence administrator. He does, however, seem to be unquestioningly loyal to President Trump and willing to use his position to attack and smear the President’s political foes. As acting DNI, Pulte would have access to every scrap of classified information the Intelligence Community holds, and under Section 702, that includes massive amounts of information about Americans. 

Even lawmakers who are typically friendly to the intelligence community acknowledge that this is a disaster in the making. U.S. Sen. Mark Warner, D-Va., who is the Senate Intelligence Committee’s ranking Democrat, told NPR that Pulte has "no experience in the military, no experience in Congress, no experience in the intel community or law enforcement" and was chosen because he is "100% loyal to doing anything and everything President Trump demands." 

And Senate Majority Leader John Thune, R-S.D., told reporters “we don’t need a weaponized” national intelligence director. Asked about fears that Pulte might pursue Trump’s political opponents, Thune said: “We need professionals there.” 

Congress already has had trouble reauthorizing Section 702 as Freedom Caucus Republicans and many Democrats joined forces to demand reforms including the common-sense requirement that federal agencies get a probable cause warrant from a judge before searching any data involving Americans. Pulte’s appointment exemplifies why no administration should have the power granted by Section 702 without the independent judicial review required in seeking a warrant. 

Governments must not adopt emerging and powerful AI technologies without also adopting strong and clear safeguards to protect Constitutional rights, EFF Senior Policy Analyst Dr. Matthew Guariglia testified today to the House Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection. 

During the hearing on “The AI Security Landscape: How Frontier Models, Agentic AI, and AI Coding Tools Are Reshaping Cybersecurity and Critical Infrastructure Resilience,” he explained that the use of generative AI for the purposes of mass government surveillance would supercharge unconstitutional violations of civil liberties. He also highlighted how government secrecy, in addition to the black box of for-profit proprietary technology, prevents the public and lawmakers from knowing when AI models make mistakes, including errors that seriously impact the cybersecurity of critical infrastructure and the lives of individuals.  

“AI also has a track record of getting things wrong—from false citations on legal briefs to a major AI mistake that sent DHS recruits to the field without proper training. There are likely more consequential examples that we do not even know about because of classification that would prevent a more thorough accounting," he said in his opening remarks.

Privacy info. This embed will serve content from youtube.com

“At this level the question is not how do we rein in AI, it’s how do we rein in the agencies that would unleash AI on the American public,” Matthew said in response to a question by Subcommittee Ranking Member Delia Ramirez, D-Ill.  

You can read his full testimony as prepared here. 

EFF welcomes our new Executive Director Nicole Ozer today! 

Nicole is a legal expert on privacy and surveillance, artificial intelligence, and digital speech who previously served as the inaugural executive director of the Center for Constitutional Democracy at UC Law San Francisco. From 2004-2025, she was founding director of the Technology and Civil Liberties Program at the American Civil Liberties Union of Northern California. 

Nicole has long been a partner of EFF’s in the fight to defend civil liberties in the digital world. Many of us already know her, and she’s basically as close to EFF “family” as someone can be without actually having worked here.   

Over her more than two decades leading public interest technology work, Nicole has:  

• spearheaded passage of the California Electronic Communications Privacy Act – working with EFF to enact the nation’s strongest electronic surveillance law, requiring a warrant for government access to electronic information; 
• modernized California law to protect reading records in the digital age by helping, along with EFF, to craft the Reader Privacy Act, requiring a “super warrant” for government access; 
• created a groundbreaking model law for local democratic oversight of surveillance systems which inspired 25 laws across the country that help safeguard the rights and safety of more than 17 million people; 
• litigated civil liberties cases, including work with EFF on the NSA cases, and drafted influential amicus briefs on technology issues at all levels of state and federal court, including the U.S. Supreme Court and California Supreme Court; and 
• developed multi-year campaigns to strengthen the anti-surveillance policies related to social media surveillance and face recognition of major technology companies and foster stronger privacy and free expression protection for billions of people worldwide. 

And that's just the TL;DR! You can read more about her bona fides here. 

EFF’s work to ensure technology supports freedom, justice, and innovation is more urgent than ever. And with Nicole’s decades of leadership in public interest technology work, EFF is poised to be stronger than ever to meet this moment and build for the fights ahead. 

Nicole succeeds Cindy Cohn, who has been with EFF for more than 25 years and served as executive director since 2015. Cindy is leaving EFF later this month – not to retire, but to find a role that puts her back in the courtroom doing what she does best: suing the government! She’ll still be part of the EFF community. 

We are living digital lives, using technology to connect, communicate, and mobilize for change. And we need you in these critical fights to defend and advance rights in the digital world – so join EFF today, and sign up for our EFFector newsletter to make sure you’re updated on the latest EFF news including upcoming events to help you get to know Nicole. 

Welcome Nicole! 

SAN FRANCISCO – U.S. technology companies should be legally accountable in U.S. courts for building tools that purposefully and actively facilitate human rights abuses by foreign governments, the Electronic Frontier Foundation argued in a brief filed Friday to the U.S. Supreme Court. 

The brief filed in the case of Cisco Systems, Inc., et al., v. Doe I, et al. urges the high court to uphold the U.S. Court of Appeals for the 9th Circuit’s 2023 ruling that U.S. corporations can be held liable under the Alien Tort Statute (ATS) – a law that lets noncitizens bring claims in U.S. federal court for international law violations – for taking actions in the U.S. that aided and abetted persecution and torture abroad. 

“This is not a case about a company that merely provided routers or other general-purpose technologies to a foreign government. It is about a company that purposefully and actively assisted in the persecution of a religious group,” the brief says. “There is a growing set of companies—including American companies—that provide surveillance technologies that are vulnerable to, and indeed are being used to, support gross human rights abuses. Because of this, the outcome of this case will have profound implications for millions of people who rely on digital technologies in their everyday lives, including to practice their religion.” 

The “Golden Shield” system that Cisco custom-built for the Chinese government was an essential component of persecution against the Falun Gong religious group—persecution that included online spying and tracking, detention, and torture. Victims reported that intercepted communications were used during torture sessions aimed at forcing them to renounce their religion. Falun Gong victims and their families sued Cisco in 2011 and a federal district judge dismissed the case in 2014. The case was delayed three times as the Supreme Court considered three prior ATS cases.   

The 9th Circuit appeals court – after proceedings including an amicus brief from EFF – reversed that lower decision, holding that U.S. corporations can be held liable under the ATS for aiding and abetting human rights abuses abroad. It also held that a company does not need to have the “purpose” to facilitate human rights abuses in order to be held liable; it only needs to have “knowledge” that its assistance helped in such abuses. It then held that the plaintiffs’ allegations showed that Cisco’s actions met both standards. The court also held that the fact that a technology has legitimate uses does not shield a company from liability for other uses that led to human rights abuses when the standards of international law are met. Taken cumulatively, Cisco’s actions in the U.S. were sufficient to allow the case to proceed, the 9th Circuit ruled.  

Cisco appealed to the Supreme Court, which granted review in January. The case, No. 24-856, is scheduled for argument on April 28. 

Cisco Systems is just one of many U.S. companies that make surveillance systems, spyware, and other products used by governments to violate people’s human rights. 

“This Court must not shut the courthouse door to victims of human rights abuses that are actively powered by American corporations,” the brief says. “In the digital age, repressive governments rarely act alone to violate human rights. They have accomplices—including technology companies that have the sophistication and technical know-how that those repressive governments lack.” 

For EFF’s amicus brief to the U.S. Supreme Court:  https://www.eff.org/document/2026-03-27-eff-amicus-brief-cisco-v-doe-scotus

For EFF’s Doe I v. Cisco case page: https://www.eff.org/cases/doe-i-v-cisco  

For the U.S. Supreme Court docket: https://www.supremecourt.gov/docket/docketfiles/html/public/24-856.html  

SAN FRANCISCO – Nicole Ozer has been appointed as executive director of the Electronic Frontier Foundation effective June 1. 

Ozer is a legal expert on privacy and surveillance, artificial intelligence, and digital speech. She currently serves as the inaugural executive director of the Center for Constitutional Democracy at the University of California College of the Law in San Francisco. From 2004-2025, she was founding director of the Technology and Civil Liberties Program at the American Civil Liberties Union of Northern California. Ozer will succeed Cindy Cohn, who has been with EFF for more than 25 years and served as its executive director since 2015. 

EFF champions user privacy, free expression, and innovation through impact litigation, policy analysis, grassroots activism, and technology development, with a mission to ensure that technology supports freedom, justice, and innovation for all people of the world. The organization celebrated its 35th anniversary in 2025. 

"I am honored to lead EFF forward in these critical times. EFF’s global work to defend and advance rights, justice, and democracy in the digital age is fundamental to the future of our countries, our livelihoods, and literally our lives,” Ozer said. “I am ready to hit the ground running with EFF’s exceptional staff, board, and broad base of supporters and ensure that EFF is stronger than ever. Together, we can meet this moment and build a future where technology works for the people.”  

“I couldn’t be happier to pass EFF’s reins over to Nicole,” Cohn said. “She has been our stalwart partner for many years in standing up for privacy, free speech and innovation online. I’m confident that she understands both the strong heart and the future potential of EFF especially as our work is more critical than ever.”   

“Nicole Ozer is the ideal person to lead EFF during this unprecedented time in our nation’s history,” said EFF Board Chair Gigi Sohn. “She possesses all of the qualities necessary to lead the organization: great vision, strong management skills and deep substantive knowledge. The fact that she has worked alongside EFF for over two decades is icing on the cake. The EFF Board is excited to welcome Nicole and begin a new chapter in our history.” 

Over her more than two decades leading public interest technology work, Ozer: 

• spearheaded passage of the California Electronic Communications Privacy Act – the nation’s strongest electronic surveillance law, requiring a warrant for government access to electronic information;
• modernized California law to protect reading records in the digital age by helping to craft the Reader Privacy Act requiring a “super warrant” for government access;
• created a groundbreaking model law for local democratic oversight of surveillance systems which inspired 25 laws across the country that help safeguard the rights and safety of more than 17 million people;
• litigated civil liberties cases and drafted influential amicus briefs on technology issues at all levels of state and federal court, including the U.S. Supreme Court and California Supreme Court; and
• developed multi-year campaigns to strengthen the anti-surveillance policies related to social media surveillance and face recognition of major technology companies and foster stronger privacy and free expression protection for billions of people worldwide. 

Ozer is a lecturer at the University of California, Berkeley School of Law; was a 2024-2025 technology and human rights fellow with the Carr-Ryan Center for Human Rights Policy at the Harvard Kennedy School; and in 2019 was a visiting researcher at the Berkeley Center for Law and Technology and a non-residential fellow with the Digital Civil Society Lab at the Stanford Center on Philanthropy and Civil Society.  

Ozer's work has earned accolades including the Fearless Advocate Award from the American Constitution Society Bay Area, the James Madison Freedom of Information Award from the Society of Professional Journalists of Northern California, and a 2025 California Senate Members resolution commending her “unwavering dedication to defending and promoting civil liberties in the digital world.” Her writings on privacy and constitutional law have been published widely, and she regularly provides expert testimony for government proceedings, offers commentary in the press, speaks at academic conferences, and presents at national and global forums including South by Southwest and the Centre for European Policy Studies. She holds a law degree from the University of California, Berkeley School of Law and a bachelor’s in American Studies from Amherst College. 

"It is incredibly exciting to welcome Nicole Ozer as our new leader at EFF at a time when the organization's mission couldn't be more essential,” said entrepreneur, activist, writer, and EFF Board member Anil Dash. "Nicole's unique skills promise to build on the foundation that Cindy Cohn established as Executive Director, preparing EFF to serve an even more vital role in protecting privacy and innovation." 

Cohn first became involved with EFF in 1993 when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. She served as EFF’s legal director and general counsel from 2000 through 2015, and as executive director since then. She also co-hosted EFF’s award-winning “How to Fix the Internet” podcast. Her memoir, Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance, was published March 10 by MIT Press, and she is now conducting a national book tour. 

EFF's Board of Directors last year assembled a committee which undertook a wide search for Cohn’s successor with assistance from leadership advisory firm Russell Reynolds Associates. 

Contact: press@eff.org

While How to Fix the Internet is on hiatus, we wanted to share a great conversation with you from last week. EFF Executive Director Cindy Cohn spoke with bestselling novelist, journalist, and EFF Special Advisor Cory Doctorow about Cindy’s new book, “Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance” (MIT Press).

Privacy info. This embed will serve content from simplecast.com

You can also listen to this episode on the Internet Archive or watch the video on YouTube.

Part memoir, part battle cry, “Privacy’s Defender” is the story of Cindy’s fights alongside the visionaries who looked at the early internet and understood that the legal and political battles over this new technology - the Crypto Wars, the NSA’s dragnet, the FBI gag orders - were really over the future of free speech, privacy, and power for all. 

Cindy Cohn and Cory Doctorow at City Lights.jpg

And finally, stay tuned to this feed; we’re working on a special podcast series featuring key players and moments from the book! 

Resources: 

• The Crypto Wars: Bernstein v. US Department of Justice
• NSA Spying: Hepting v. AT&T
• NSA Spying: Jewel v. NSA
• EFF’s National Security Letter lawsuits 

SAN FRANCISCO – Electronic Frontier Foundation Executive Director Cindy Cohn will launch her memoir, Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance (MIT Press, March 10), with events in San Francisco and Berkeley before embarking on a national book tour. 

In Privacy’s Defender, Cohn weaves her own personal story with her role as a leading legal voice representing the rights and interests of technology users, innovators, whistleblowers, and researchers during the Crypto Wars of the 1990s, battles over NSA’s dragnet internet spying revealed in the 2000s, and the fight against FBI gag orders.  

The book will be Cohn’s swansong at EFF as she’s stepping down as executive director later this year after 25 years with the organization. And there’s no timelier topic: Everyone should be concerned about privacy right now, as the federal government consolidates and weaponizes data, companies track our every click, and law enforcement from local police to ICE keep tabs on all of us, everywhere we go, every day. 

The Privacy’s Defender tour will begin with a free event at San Francisco’s famed City Lights Bookstore (261 Columbus Ave., San Francisco, CA 94133) moderated by bestselling author and EFF Special Advisor Cory Doctorow, at 7pm PST Tuesday, March 10.  

Then EFF will host a launch party at Berkeley’s Ciel Creative Space (940 Parker St., Berkeley, CA 94710) moderated by bestselling author Annalee Newitz at 7 p.m. PT on Thursday, March 12; tickets cost $12.50-$20. 

The book tour will also include events in Portland, OR; Seattle; Denver; Cambridge, MA; Ann Arbor, MI; and Iowa City, IA. Later events are being planned in New York City and Washington, D.C., as well as a May 13 event at Commonwealth Club World Affairs in San Francisco. 

Proceeds from sales of the book benefit EFF. 

“These beautifully written stories show why the fight for privacy is worth having and reveal all that Cindy Cohn and EFF have done to establish the modern privacy doctrine as the essential core of a free society.” -- Lawrence Lessig, Harvard University; author of How to Steal a Presidential Election 

“Cindy Cohn gives readers a first-person window into some of the pivotal legal disputes of the digital era and reminds us that action and activism are crucial to preserving Americans’ freedom.” -- U.S. Sen. Ron Wyden, D-OR, author of It Takes Chutzpah: How to Fight Fearlessly for Progressive Change 

“Privacy’s Defender is a compelling account of a life well lived and an inspiring call to action for the next generation of civil liberties champions.” -- Edward Snowden, whistleblower; author of Permanent Record 

For the San Francisco event: https://citylights.com/events/cindy-cohn-launch-party-for-privacys-defender/ 

For the Berkeley event: https://www.eff.org/event/privacys-defender-book-launch-party  

For more on Privacy’s Defender and the book tour: https://www.eff.org/Privacys-Defender 

SAN FRANCISCO — A new report released today offers journalists tips on cutting through the sales hype about police surveillance technology and report accurately on costs, benefits, privacy, and accountability as these invasive and often ineffective tools come to communities across the nation. 

The “Selling Safety” report is a joint project of the Electronic Frontier Foundation (EFF), the Center for Just Journalism (CJJ), and IPVM. 

Police technology is often sold as a silver bullet: a way to modernize departments, make communities safer, and eliminate human bias from policing with algorithmic objectivity. Behind the slick marketing is a sprawling, under-scrutinized industry that relies on manufacturing the appearance of effectiveness, not measuring it. The cost of blindly deferring to advertising can be high in tax dollars, privacy, and civil liberties. 

“Selling Safety” helps journalists see through the spin. It breaks down how policing technology companies market their tools, and how those sales claims — which are often misleading — get recycled into media coverage. It offers tools for asking better questions, understanding incentives, and finding local accountability stories. 

“The industry that provides technology to law enforcement is one of the most unregulated, unexamined, and consequential in the United States,” said EFF Senior Policy Analyst Matthew Guariglia. “Most Americans would rightfully be horrified to know how many decisions about policing are made: not by public employees, but by multi-billion-dollar surveillance tech companies who have an insatiable profit motive to market their technology as the silver bullet that will stop crime. Lawmakers often are too eager to seem ‘tough on crime’ and journalists too often see an easy story in publishing law enforcement press releases about new technology. This report offers a glimpse into how the police-tech sausage gets made so reporters and lawmakers can recognize the tactics of glossy marketing pitches, manufactured effectiveness numbers, and chumminess between companies and police.” 

“Surveillance and other police technologies are spreading faster than public understanding or oversight, leaving journalists to do critical accountability work in real time. We hope this report helps make that work easier,” said Hannah Riley Fernandez, CJJ’s Director of Programming. 

"The surveillance technology industry has a documented pattern of making unsubstantiated claims about technology,” said Conor Healy, IPVM's Director of Government Research. “Marketing is not a substitute for evidence. Journalists who go beyond press releases to critically examine vendor claims will often find solutions are not as magical as they may seem. In doing so, they perform essential accountability work that protects both taxpayer dollars and civil liberties." 

EFF also maintains resources for understanding various police technologies and mapping those technologies in communities across the United States. 

For the “Selling Safety” report:  https://www.eff.org/document/selling-safety-journalists-guide-covering-police-technology

For EFF’s Street-Level Surveillance hub: https://sls.eff.org/ 

For EFF’s Atlas of Surveillance: https://www.atlasofsurveillance.org/ 

SAN FRANCISCO – California must revoke permits allowing federal agencies such as Customs and Border Patrol (CBP) and the Drug Enforcement Administration (DEA) to put automated license plate readers along border highways, a coalition led by the Electronic Frontier Foundation (EFF) and Imperial Valley Equity & Justice (IVEJ) demanded today. 

In a letter to Gov. Gavin Newsom and California Department of Transportation (Caltrans) Director Dina El-Tawansy, the coalition notes that this invasive mass surveillance – automated license plate readers (ALPRs) often disguised as traffic barrels – puts both residents and migrants at risk of harassment, abuse, detention, and deportation.  

“With USBP (U.S. Border Patrol) Chief Greg Bovino reported to be returning to El Centro sector, after leading a brutal campaign against immigrants and U.S. citizens alike in Los Angeles, Chicago, and Minneapolis, it is urgent that your administration take action,” the letter says. “Caltrans must revoke any permits issued to USBP. CBP, and DEA for these surveillance devices and effectuate their removal.” 

Coalition members signing the letter include the California Nurses Association; American Federation of Teachers Guild, Local 1931; ACLU California Action; Fight for the Future; Electronic Privacy Information Center; Just Futures Law; Jobs to Move America; Project on Government Oversight; American Friends Service Committee U.S./Mexico Border Program; Survivors of Torture, International; Partnership for the Advancement of New Americans; Border Angels; Southern California Immigration Project; Trust SD Coalition; Alliance San Diego; San Diego Immigrant Rights Consortium; Showing Up for Racial Justice San Diego; San Diego Privacy; Oakland Privacy; Japanese American Citizens League and its Florin-Sacramento Valley, San Francisco, South Bay, Berkeley, Torrance, and Greater Pasadena chapters; Democratic Socialists of America- San Diego; Center for Human Rights and Privacy; The Becoming Project Inc.; Imperial Valley for Palestine; Imperial Liberation Collaborative; Comité de Acción del Valle Inc.; CBFD Indivisible; South Bay People Power; and queercasa. 

California law prevents state and local agencies from sharing ALPR data with out-of-state agencies, including federal agencies involved in immigration enforcement. However, USBP, CBP, and DEA are bypassing these regulations by installing their own ALPRs. 

EFF researchers have released a map of more than 40 of these covert ALPRs along highways in San Diego and Imperial counties that are believed to belong to federal agencies engaged in immigration enforcement.  In response to a June 2025 public records request, Caltrans has released several documents showing CBP and DEA have applied for permits for ALPRs, with more expected as Caltrans continues to locate records responsive to the request. 

“California must not allow Border Patrol and other federal agencies to use surveillance on our roadways to unleash violence and intimidation on San Diego and Imperial Valley residents,” the letter says. “We ask that your administration investigate and release the relevant permits, revoke them, and initiate the removal of these devices. No further permits for ALPRs or tactical checkpoints should be approved for USBP, CBP, or DEA.” 

"The State of California must not allow Border Patrol to exploit our public roads and bypass state law," said Sergio Ojeda, IVEJ’s Lead Community Organizer for Racial and Economic Justice Programs.  "It's time to stop federal agencies from installing hidden cameras that they use to track, target and harass our communities for travelling between Imperial Valley, San Diego and Yuma." 

For the letter: https://www.eff.org/document/coalition-letter-re-covert-alprs

For the map of the covert ALPRs: https://www.eff.org/covertALPRmap

For high-res images of two of the covert ALPRs: https://www.eff.org/node/111725

For more about ALPRs: https://sls.eff.org/technologies/automated-license-plate-readers-alprs 

U.S. Homeland Security Secretary Kristi Noem last week posted a photo of the arrest of Nekima Levy Armstrong, one of three activists who had entered a St. Paul, Minn. church to confront a pastor who also serves as acting field director of the St Paul Immigration and Customs Enforcement (ICE) office. 

A short while later, the White House posted the same photo – except that version had been digitally altered to darken Armstrong’s skin and rearrange her facial features to make it appear she was sobbing or distraught. The Guardian one of many media outlets to report on this image manipulation, created a handy slider graphic to help viewers see clearly how the photo had been changed.  

This isn’t about “owning the libs” — this is the highest office in the nation using technology to lie to the entire world. 

The New York Times reported it had run the two images through Resemble.AI, an A.I. detection system, which concluded Noem’s image was real but the White House’s version showed signs of manipulation. "The Times was able to create images nearly identical to the White House’s version by asking Gemini and Grok — generative A.I. tools from Google and Elon Musk’s xAI start-up — to alter Ms. Noem’s original image." 

Most of us can agree that the government shouldn’t lie to its constituents. We can also agree that good government does not involve emphasizing cruelty or furthering racial biases. But this abuse of technology violates both those norms. 

“Accuracy and truthfulness are core to the credibility of visual reporting,” the National Press Photographers Association said in a statement issued about this incident. “The integrity of photographic images is essential to public trust and to the historical record. Altering editorial content for any purpose that misrepresents subjects or events undermines that trust and is incompatible with professional practice.” 

This isn’t about “owning the libs” — this is the highest office in the nation using technology to lie to the entire world.

Reworking an arrest photo to make the arrestee look more distraught not only is a lie, but it’s also a doubling-down on a “the cruelty is the point” manifesto. Using a manipulated image further humiliates the individual and perpetuate harmful biases, and the only reason to darken an arrestee’s skin would be to reinforce colorist stereotypes and stoke the flames of racial prejudice, particularly against dark-skinned people.  

History is replete with cruel and racist images as propaganda: Think of Nazi Germany’s cartoons depicting Jewish people, or contemporaneously, U.S. cartoons depicting Japanese people as we placed Japanese-Americans in internment camps. Time magazine caught hell in 1994 for using an artificially darkened photo of O.J. Simpson on its cover, and several Republican politcal campaigns in recent years have been called out for similar manipulation in recent years. 

But in an age when we can create or alter a photo with a few keyboard strokes, when we can alter what viewers think is reality so easily and convincingly, the danger of abuse by government is greater.   

Had the Trump administration not ham-handedly released the retouched perp-walk photo after Noem had released the original, we might not have known the reality of that arrest at all. This dishonesty is all the more reason why Americans’ right to record law enforcement activities must be protected. Without independent records and documentation of what’s happening, there’s no way to contradict the government’s lies. 

This incident raises the question of whether the Trump Administration feels emboldened to manipulate other photos for other propaganda purposes. Does it rework photos of the President to make him appear healthier, or more awake? Does it rework military or intelligence images to create pretexts for war? Does it rework photos of American citizens protesting or safeguarding their neighbors to justify a military deployment? 

In this instance, like so much of today’s political trolling, there’s a good chance it’ll be counterproductive for the trolls: The New York Times correctly noted that the doctored photograph could hinder the Armstrong’s right to a fair trial. “As the case proceeds, her lawyers could use it to accuse the Trump administration of making what are known as improper extrajudicial statements. Most federal courts bar prosecutors from making any remarks about court filings or a legal proceeding outside of court in a way that could prejudice the pool of jurors who might ultimately hear the case.” They also could claim the doctored photo proves the Justice Department bore some sort of animus against Armstrong and charged her vindictively. 

In the past, we've urged caution when analyzing proposals to regulate technologies that could be used to create false images. In those cases, we argued that any new regulation should rely on the established framework for addressing harms caused by other forms of harmful false information. But in this situation, it is the government itself that is misusing technology and propagating harmful falsehoods. This doesn't require new laws; the government can and should put an end to this practice on its own. 

Any reputable journalism organization would fire an employee for manipulating a photo this way; many have done exactly that. It’s a shame our government can’t adhere to such a basic ethical and moral code too.