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Internet Age Gates Are a Growing Global Threat

The internet is an essential resource for young people and adults to access information, explore community, and find themselves—both inside countries and across continents. Yet governments around the world continue to introduce and implement legislation requiring all online users to verify their ages before accessing the digital space. In some cases, politicians are going further, putting forth proposals to ban social media for younger users.  

In late 2025, Australia’s government rolled out the first complete ban on users under 16 from having social media accounts. In this sweeping regime, platforms are required to introduce age assurance tools to block under-16s, demonstrate that they have taken “reasonable steps” to deactivate accounts used by under-16s, and prevent any new accounts being created, or face fines of up to 49.5 million Australian dollars ($32 million USD). The 10 banned platforms—Instagram, Facebook, Threads, Snapchat, YouTube, TikTok, Kick, Reddit, Twitch, and X—have each said they’ll comply with the legislation, which led to young people losing access to their accounts overnight. Reddit is currently challenging the law in Australian courts on constitutional grounds. Recent research notes how the ban is preventing teenagers from accessing news in the country. 

In the United Kingdom, rules took effect in mid-2025 under the Online Safety Act that require all online services available in the country to assess whether they host content considered harmful to children; if so, these services must introduce age checks to prevent children from accessing such content. Online services are also required to change their algorithms and moderation systems to ensure that content defined as harmful, like violent imagery, is not shown to young people. 

This approach is reckless, short-sighted, and we’ve already seen it introduce more harm to the young people that it is trying to protect. The UK’s scramble to find an effective age verification method shows us that there isn't one, and we’ve spent years urging UK politicians to abandon any measures that require platforms to collect data or remove privacy protections around users’ identities. 

Earlier this year, Indonesia’s Communications and Digital Affairs Minister, Meutya Hafid, announced that users under 16 would have their accounts on “high risk” platforms deactivated from 28 March. The platforms subject to this ban are YouTube, TikTok, Facebook, Instagram, Threads, X, Bigo Live, and Roblox; with Hafid noting how this policy would make Indonesia “the first non-Western country to delay children's access to digital spaces according to age.”

Similarly, the Malaysian government has recently pushed forward with plans to ban users under 16 from having accounts on social media platforms with at least 8 million users in Malaysia, including Facebook, Instagram, TikTok, and YouTube. Users under the age of 16 are being told to download or transfer their data from these platforms in one month before the restrictions are applied. Platforms failing to comply with the ban may face penalties of up to $2.5 million USD.

In Latin America, Brazil approved a new law in 2025 establishing that providers of information technology products and services directed to children and teenagers, or likely to be accessed by them, must conduct age checks when their products and services offer risks to underage users. Regulation requires age assurance for products and services that are not allowed for children and adolescents in accordance with Brazilian legislation. App stores and operating systems are required to provide age signals for other providers. 

While the law is already in force, full compliance with its obligations is expected for early 2027, after the approval of further regulations and a transition period, and the authority responsible for enforcing the law is the Brazilian National Data Protection Agency. The list of concerns regarding the implementation of the law include: the wide scope of products and services that may fall within age-check obligations, how these obligations can affect non-proprietary operating systems and free software projects, and how effective the law's crucial data protection safeguards will be in a context of likely widespread age checks for accessing content online.

Similarly, the European Union has taken large steps towards mandatory age verification that could undermine privacy, expression, and participation rights for everyone. Politicians are promoting an EU-wide approach to age verification through its age verification “app,” which will be fully interoperable with the Digital Identity Wallet. While this mini-app has been announced as technically ready to be rolled out “for citizens to use,” it comes with its own realm of potential privacy and security concerns, such as long-term identifiers (which could result in tracking) and over-exposure of personal information. 

The European Commission also supports age verification in various legislative initiatives, from proposals that would allow or mandate companies to scan our communication (“Chat Control”) to non-binding guidelines of existing laws, such as the Digital Services Act. The EU Parliament, too, has proposed an EU digital minimum age of 16 for access to social media, a move that aligns with EU Commission’s president Ursula von der Leyen’s recent public support for measures inspired by Australia’s model. To all these initiatives EFF has provided one consistent response: mandatory age verification measures are not the right way to protect young people. 

These proposals restrict the fundamental rights of young people to speak to each other and to access information. They also force all internet users, not just those under a certain age, to upload private data—like a face scan or passport—in order to access a website or service. In considering the vast scope of privacy issues pertaining to the collection, storage, and sharing of this personal information, the problems of age verification in restricting free speech are compounded by these reckless and harmful approaches to verification. 

The problem of censorship and surveillance goes far beyond the borders of the internet. EFF continues to explore support for legislative and litigation challenges that recognize how these laws harm everyone’s rights to privacy, free expression and due process.

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LGBT Q&A Season 1 Recap: Staying Safer Online

Last year during LGBTQ+ Pride month, we launched an LGBT Q&A where we answered your most pressing digital rights questions on EFF’s Instagram and TikTok  accounts. 

Ahead of LGBT Q&A Season 2 launching next week, we’re posting a recap with some of the questions we answered. Check them out below.

  1. You wanted to know: How to stay safe when dating online.
  2. You asked: I'm a 17 year old trans woman and my address is public on the Internet. What steps can I take to mitigate this risk? 
  3. You wondered about: Tips for staying safe at Budapest Pride.
  4. You questioned: Why does homophobic content I report on social media not get removed?  
  5. You asked: What pictures are safe to use on dating apps?
  6. You wanted to know: Is it safe to have gay, trans, and Palestinian flags in my bio? 

We’re here to help build an online space where you get to decide what aspects of yourself you share with others, how you present to the world, and what things you keep private. Join us to make the internet private, safe, and full of pride.

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EFF Testifies to Congress on Protecting Americans’ Rights from Government AI

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.

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“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. 

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More License Plate Reader Mission Creep: School Residency Verification, Background Checks, and Noise Complaints

An EFF analysis of millions of searches of Flock Safety automated license plate reader (ALPR) data by police has uncovered a troubling pattern: in the absence of a warrant requirement to search ALPR databases, law enforcement agencies have moved beyond specific investigations to use these surveillance networks for virtually any whim.

Our findings suggest that the absence of a warrant requirement has fostered a culture of unrestricted access to sensitive location data, allowing agencies to leverage that data beyond the scope of specific criminal investigations.

As a refresher: Law enforcement agencies lease or purchase camera systems from Flock Safety and then mount them by the side of the road and at intersections to document every vehicle that passes, including the plate, make, model, color and distinguishing characteristics, along with the date, time and location of where it was seen. 

Law enforcement's talking points—often scripted by the company itself—trumpet their role in solving high-stakes crimes. But the data reveals a different story. What they're not saying is that ALPRs are also frequently used for extremely low-level investigations, such as verifying whether a student lives within a particular school zone. In some cases, police have even used this tech to conduct employment background checks and investigations into loud music complaints. Recently, a motorcyclist was even targeted for simply holding a cell phone while riding.

The reach of this ALPR surveillance is amplified by the nature of the indiscriminate sharing these technologies encourage. Most agencies choose to share broadly, often as part of a nationwide pool, making it common for a single city's system to be searched hundreds of thousands of times each month. By analyzing these "network audit logs," privacy advocates and journalists have uncovered evidence of the technology being used to surveil protesters, abortion-seekers, immigrants, and even ethnic Roma populations

While these high-profile abuses are shocking, the more mundane uses are also problematic, signaling a massive, unchecked mission creep that has turned an alleged “crime-fighting” tool into a universal tracker of everyone’s movements. 

Residency Checks

School systems in the U.S. conduct "residency verification" investigations of their parents or guardians to ensure enrolled children live in the district. To carry out these checks, some school districts have enlisted law enforcement officers for help, leveraging ALPR databases to track the comings and goings of families across the region. 

Buford City Schools in Georgia, which serves only about 6,000 students, illustrates the scale of this prying. Between January 2025 and March 2026, school police ran more than 375 searches where officers listed school residency verification, or simply "RV," as the reason for the search. That accounts for more than half of all ALPR searches in that period, and in those three months of 2026, three-quarters of all searches were related to residency verification. 

School officials stand by the searches. "[B]ecause Buford City Schools is a highly sought-after district, we experience ongoing challenges with residency fraud," a spokesperson told Appen Media, which shared the email with EFF. "Flock Safety is one of the tools we use to verify residency and protect the integrity of the Buford City School System for families who live within the district."

A search of ALPR data will show a lot more than whether a family lives within the right zone. In these Buford cases, officers ran some searches across more than 5,800 different networks nationwide. Every time a plate is searched, it can reveal personal information about a family: when they go to the doctor, when they go to worship, when they go out at night, and where they travel on vacation. None of that is the school district's business, and these searches are a huge invasion of privacy. 

While Buford was by the far the most prolific, it wasn't the only agency to run school residency checks. For example, Delhi Township Police Department (DTPD) in Ohio ran 35 searches related to students in five schools in a three-month period during spring 2025, and similarly stood by the practice, citing a warning given to parents that submitting a false statement of residency may be a felony. 

After EFF sent an inquiry to DTPD, the agency conducted a brief investigation and found that "these searches were not done to verify residency upon submission, but to investigate cases where it was believed the form was filled out with false information." DTPD did not say what kind of evidence was required to establish suspicion before an ALPR query, nor did it offer information on how many of these investigations turned out to be justified. 

However, the official told EFF: "in response to your inquiry, the department will be implementing a change to how these queries are documented in the Flock system and internally, to increase accountability and help avoid any confusion moving forward."

Other agencies that ran school residency searches include Cortland Police Department in Ohio and Lincoln Police Department in Alabama. Several agencies also ran searches with "residency," "residency investigation" or "residency verification" as the reason, but that could refer to a number of public services. These agencies include Ridgeland Police Department in Mississippi, Fairfield County Sheriff's Office in South Carolina, Manteno Police Department in Illinois, Illinois Department of Natural Resources, and Mora County Sheriff's Office in New Mexico. 

Background Checks

Few people would imagine that applying for a government job would open you up to an ALPR search. Yet, several law enforcement agencies ran searches through the Flock network related to employment. 

For example:

  • Jefferson County Sheriff's Office in Missouri ran six searches across 2,853 networks, documenting "employment" in the reason field.
  • Little Elm Police Department in Texas ran 10 searches across 6,306 networks, documenting "EMPLOYMENT" in the reason field.
  • Ridgeland Police Department in Mississippi ran two searches across more than 6,000 networks documenting "employment background inv" in the reason field.
  • Texas City Police Department, Texas ran three searches across 728 networks, documenting "pre employment background" in the reason field. 
  • Zion Police Department in Illinois ran a research across 585 networks documenting "Employee Background" in the reason field. 

Davidson Police Department in North Carolina logged a search listed as "Employment Background," but in response to an inquiry from EFF, the chief described this as "poor choice of words by our investigator." He further stated that the agency does not use ALPRs as part of employment background checks, but in this case, the agency shared that a potential violation of a protective order came to light during a background check, hence the reference to it in the search log.

In addition to the agencies mentioned, several agencies ran searches that simply referred to "background check" or "background checks," which could be related to employment or perhaps some other issue, such as a concealed weapons permit, for example. These include Avon Police Department in Indiana, Rockford Police Department in Illinois, San Bernardino County Sheriff's Office in California, and Seaford Police Department in Delaware.

Noise Complaints

Many people have probably been irritated at some point or another by a car blasting a deep bassline or even the infamous "whistle tip." Some may have even called the cops to complain about a neighbor’s house party. But that's a far cry from the types of serious crimes that Flock and its customers have claimed that the ALPR systems would be used to solve. 

Yet, EFF identified 26 agencies where officers felt it was appropriate to pry into a driver's life because of a noise complaint, ranging from house parties to loud exhausts to just "music": 

A table of agencies and their searches that relate to noise complaints.

Some of these agencies searched upwards of 6,500 networks’ cameras—the equivalent of launching a nationwide goose chase over a booming subwoofer or a busted muffler. 

When Mission Creep Is Just Plain Creepy

An observant reader of this report may have noticed that Ridgeland Police Department in Mississippi ran searches in all three of the categories we reported above.

However, after the city first installed the Flock Safety cameras, the then-police chief told the press that the technology helps solve cases that range from "theft to crimes of violence"—without disclosing that the range would extend much further.

When police and salespeople trot out cherry-picked cases to argue that a mass surveillance technology is an "important" tool,  they obfuscate that it's a convenient shortcut around due process. For serious crimes, police can already go through the standard legal process: making the case to a judge on why they should get a search warrant for location data, whether it's from cell phones or service providers. But police treat ALPR databases as if no such threshold exists, giving them free rein to track a person’s movements without a sliver of judicial oversight.

When police and salespeople trot out cherry-picked cases to argue that a mass surveillance technology is an "important" tool,  they obfuscate that it's a convenient shortcut around due process.

"This is the same as if I put a police officer on the side of the road with a pen and a notepad and he writes down every license plate number that drives by,” the former chief said, repeating a commonly circulated talking point. 

That rhetoric may sound reasonable if we were just talking about a single camera on a street corner, but Ridgeland now operates more than 50 cameras—the equivalent of one for every 500 residents—and maintains access to tens of thousands more. 

If the chief had stood in front of the city’s aldermen and asked for permission to search more than 20,000 cameras so his officers could investigate the high crime of "music," it’s quite unlikely that they would have been nodding their heads along. 

Ridgeland Police Department did not respond to EFF’s requests for comment.

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Microsoft Took a Step Toward Human Rights Accountability. Google and Amazon (and Others) Should Pay Attention!

For years, civil society organizations, workers, journalists, and human rights experts have warned that major technology companies risk enabling grave human rights abuses when they provide cloud computing, AI, and surveillance infrastructure to governments implicated in violations of international and humanitarian law. While many companies pay lip service to evaluating customers and contracts for human rights implications (lip service Exhibit A: Palantir!), too often those processes fail to provide any meaningful accountability when their standards are not met or are simply ignored. But recent developments at Microsoft suggest that accountability for failing to uphold the human rights standards that a company itself sets, even if incomplete, is possible. 

According to recent reporting, Microsoft’s Israel chief has departed amid an escalating ethical controversy surrounding the company’s business relationships with the Israeli Ministry of Defense. The move follows months of scrutiny, internal dissent, and sustained pressure from inside the organization along with press and civil society, especially after a report by The Guardian revealed that Microsoft technologies were used in systems connected to mass surveillance and military targeting operations in Gaza in ways that appeared to violate Microsoft’s own standards. This did not happen overnight.

In September 2025, Microsoft reportedly suspended certain services after initial investigations raised serious concerns about how its cloud and AI infrastructure may have been used. That alone distinguished Microsoft from many of its peers. Rather than simply dismissing mounting concerns or hiding behind vague claims of neutrality, Microsoft appeared to recognize that providing technology in conflict settings creates real human rights responsibilities. Now, after additional investigation and continued public scrutiny, it appears the company has taken another step, one that should send a strong signal to others that violating Microsoft’s human rights commitments could cost you your job. This is important. 

There is still much more Microsoft should do, of course. The company has yet to fully disclose the scope of its findings, explain exactly which services were suspended, or clarify what safeguards remain in place to prevent its technologies from contributing to human rights abuses in the future. We shouldn’t have to infer the connection between this employment action and the company’s investigation. 

Just prior to reports that Microsoft had fired its Israel Country General Manager, EFF joined Access Now, Amnesty International, Fight for the Future, and 7amleh in a joint May 7, 2026 letter to Microsoft leadership calling on the company to publicly release the findings of its investigation, suspend business relationships tied to serious human rights abuses, and implement meaningful safeguards to prevent its technologies from contributing to further harm. The letter detailed allegations regarding Microsoft’s reported provision of Azure cloud and AI services to Israeli military and intelligence units involved in surveillance and targeting operations, while also pressing the company to take concrete human rights due diligence measures going forward. Those demands remain urgent, even as Microsoft appears to be taking some of the steps we urged.

But even as we push for more, it is important to recognize when a company takes steps in the right direction. Because this is what it means to put human rights commitments into practice. It means acknowledging that human rights policies are not just branding exercises or transparency reports. It means accepting that companies providing cloud infrastructure and AI services have responsibilities when credible evidence emerges that their technologies may be enabling violations of international law. And it means taking concrete action when those risks become known.

The allegations facing Microsoft are serious. Human rights organizations and investigative reporting have documented claims that Microsoft Azure services were used by Israeli military and intelligence units to process large-scale surveillance data, support AI-assisted targeting systems, and sustain military cloud infrastructure during the war in Gaza. The concerns raised extend beyond ordinary business risk; they implicate potential complicity in violations of international humanitarian and human rights law.

Faced with these allegations, Microsoft could have chosen the path many tech companies take: deny everything, attack critics, suppress worker dissent, and continue business as usual. Instead, the company appears to have begun responding to the evidence.

Technology companies are not powerless bystanders. Cloud providers and AI companies make choices every day about who gets access to their infrastructure, under what conditions, and with what oversight. When companies claim to uphold human rights principles, those commitments should have operational consequences. Too many companies, in both international and domestic policing contexts, provide technology to institutions that violate people’s human rights and civil liberties, then fall back on the claim that they are merely providing a service that their customers can use how they see fit. This is an ethical failing that falls short of most companies’ publicly expressed commitments. Microsoft’s recent actions suggest that sustained public pressure, worker organizing, investigative journalism, and civil society advocacy can force even the world’s largest technology companies to respond.

Google and Amazon should especially see this as a clear example to follow. Both companies also provide services to the Israeli Ministry of Defense and have faced years of criticism over those contracts and services, including from EFF. Yet neither has demonstrated the level of responsiveness or accountability that Microsoft has shown. If Microsoft can suspend services, investigate allegations, and make leadership changes amid mounting evidence and ethical concerns, then other cloud giants can no longer pretend that meaningful action is impossible.

The technology industry has spent years insisting that ethics and human rights matter. The real test has always been whether those principles survive when profits, government contracts, and geopolitical pressure are on the line. Microsoft’s recent steps are not the end of that story, but they may mark the beginning of what real accountability can look like.

We’re looking at you, Amazon and Google. If Microsoft can do it, why can’t you?

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We Must Not Normalize Digital Surveillance Abuses. EFF’s New Guide Underlines Concrete Steps to Fight Back.

Poor accountability, feeble control mechanisms, and insufficient legal frameworks have led to systematic human rights violations in the Americas, with no consistent remedy or reparation to victims. What's needed is to materialize essential guarantees and measures to combat repeated surveillance abuses in the region. To help build a path for solutions, EFF launches the guide Tackling Arbitrary Digital Surveillance in the Americas, adding to our extensive work leveraging human rights norms to confront state privacy violations.

The document compiles privacy, data protection, and access to information guarantees established within the Inter-American Human Rights System to provide concrete, actionable guidance to governments in the Americas to curb the vicious cycle of state digital surveillance abuses. It outlines the safeguards and institutional measures necessary to protect individuals and details rules, parameters, and standards to overcome current pernicious practices and trends. 

As concerns over national and public security intensify, countries in the region seem to increasingly normalize the pervasiveness of digital surveillance technologies and their arbitrary use by security forces as a distorted form of protection. However, no actual protection can arise from arbitrary surveillance. 

When public security, intelligence, and law enforcement agencies neglect or harm settled rights in the name of national security or public order, they too become a threat. Tolerating rights violations creates the dire situation that the Freedom of Expression Special Rapporteur of the Inter-American Commission on Human Rights thoroughly analyzed in his report about the serious impacts of digital surveillance on freedom of expression in the Americas.

The great majority of states in Latin America have ratified the American Convention on Human Rights. As such, the parameters and rules our new guide describes stem directly from their obligations before international human rights law. State agents and institutions must take the necessary measures to make them a reality.

As EFF’s guide points out, states must implement clear and precise legal frameworks that:

  • define surveillance powers and limitations;
  • ensure all surveillance measures pursue legitimate aims without discriminatory ends;
  • subject interference with privacy to rigorous necessity and proportionality analysis;
  • require prior judicial authorization for digital surveillance measures;
  • maintain detailed records of surveillance operations;
  • establish independent civilian oversight institutions with technical expertise and enforcement powers;
  • guarantee individuals' right to informational self-determination and proper notification; and
  • provide effective remedies and reparation for victims of surveillance abuses.

States must also put in place the institutional processes and structures to give effect to these legal guarantees. As we stress in the document, States that embrace the guide’s recommendations will not only comply with their international obligations, but will also build more resilient, rights-respecting security architectures capable of addressing genuine threats without sacrificing the freedoms they exist to protect. 

Civil society leaders, activists, legal experts, public defenders, oversight institutions, and state officials committed to human rights must gather and ramp up the fight against the normalization of digital surveillance abuses in the Americas. We hope that EFF’s new guide can serve as a crucial tool in strengthening this fight, one that we have joined since our early days.

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Help EFF Solve an Issue That's Bigger than Creepy Ads

Millions of people around the world use EFF's Privacy Badger. This browser extension blocks the hidden trackers that twist your web browsing into a commodity for Big Tech, advertisers, scammers, and data brokers. But did you know that we’re trying to solve an issue that’s even bigger than creepy ads and user profiling? You can help.

JOIN EFF

Online tracking isn't just creepy and unethical. It also enables government surveillance. Widespread commercial surveillance and weak privacy laws allow data brokers to harvest your data and sell it to law enforcement agencies including the FBI, CBP, and ICE. The government exploits this system to buy sensitive information about you that they would ordinarily need a warrant to collect, like your location over time

With your help, EFF is fighting back. Our team is working to enact stronger laws to uphold your privacy. We’re advocating for consumer rights in the courts. We’re investigating how these technologies affect our communities. And we’re cutting off surveillance advertising at the source with tools like Privacy Badger for everyone. You can support this work as an EFF member.

End Mass Surveillance

Privacy is a human right because it gives you a fundamental measure of security and freedom. That is why we at EFF focus on your ability to have private conversations and interact with the world using technologies that you choose. But when tools that many of us must rely on serve corporate surveillance, they also feed government surveillance. We owe it to ourselves to fight the mass spying used to control and intimidate people. Let’s do this.

A person wearing a black sweatshirt with an embroidered Privacy Badger mascot on the chest over the characters for ‘privacy” in Traditional Chinese.

For a limited time, you can join EFF as a monthly or one-time donor and pick up a new Privacy Badger Crewneck sweatshirt. The embroidered Privacy Badger mascot appears above Traditional Chinese for "privacy” because human rights are universal.

You can also get a set of puffy stickers as a token of thanks. Our little Ghostie protects privacy in Arabic, English, Japanese, Persian, Russian, and Spanish.

Claw Back! This year’s member t-shirt is hot off the press featuring an orange cat swatting at the street-level surveillance equipment multiplying in our communities. You might empathize with him, but there’s a better way. Let’s end the law enforcement contracts, harmful practices, and twisted logic that enable mass spying in the first place.

You can support our mission for technology in the public interest today. Join the movement and become an EFF member.

____________________

EFF is a member-supported U.S. 501(c)(3) organization. We've received top ratings from the nonprofit watchdog Charity Navigator since 2013! Your donation is tax-deductible as allowed by law.

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Broken Promises: RIP Instagram’s End-to-End Encrypted DMs

Last week, Instagram ended its opt-in, and therefore rarely used, end-to-end encryption feature. Years after publicly promising to provide the privacy protections of end-to-end encryption across its platforms by default, it instead gave up on that technical challenge. Now, we've all lost an option for safer conversations on one of the biggest social media platforms in the world.

In an announcement in 2023, Meta bragged about how it had successfully encrypted Messenger, and teased that Instagram was in progress. Even before then, they’d talked about how important encryption was in Messenger and Instagram in a white paper published in 2022, stating: 

We want people to have a trusted private space that’s safe and secure, which is why we’re taking our time to thoughtfully build and implement e2ee by default across Messenger and Instagram DMs.

So where did the reversal come from? In a statement, Meta claimed that, “Very few people were opting in to end-to-end encrypted messaging in DMs.” This isn’t all that surprising, as turning it on was an optional four-step process that few people knew about. Defaults matter, and Meta’s choice to blame people for failing to opt into this feature is proof of how much. In that same statement, the company pointed people to WhatsApp for access to encrypted messaging. Yet if Meta truly wanted people to have a trusted private space to communicate, it would meet them everywhere they are: on WhatsApp, on Messenger, and on Instagram.

But at least Meta was straightforward about the fact that it will not continue to support or work on this feature. That's rare. Most tech company promises aren’t broken explicitly, they just remain undelivered long enough to be forgotten. 

This is particularly disappointing as other companies take even bigger swings, like Google and Apple working together to implement end-to-end encryption over Rich Communication Services (RCS), and Signal’s continued work to make its app simpler and easier to use for everyone.

Meta abandoning this principle is disheartening, especially as we are still waiting for other promised features from the company, like end-to-end encryption in Facebook Messenger group messages. Instead of blaming users for not using these sorts of features and then abandoning the promise of delivery, Meta—and other tech companies—should start by enabling strong privacy protective features by default.

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Victory! End-to-End Encrypted RCS Comes to Apple and Android Chats

This week, Apple released iOS 26.5, an update that supports end-to-end encryption for Rich Communication Services (RCS), meaning conversations between Android and iPhone will soon be encrypted in the default chat apps. This has been a long time coming, and is a welcome delivery on a promise both Google and Apple made.

With this update, conversations that take place between Apple’s Messages app and Google Messages on Android will be end-to-end encrypted by default, as long as the carrier supports both RCS and encrypted messages (you can find a list of carriers here). RCS messages are a replacement for SMS, and in 2024 Apple started supporting it, making for a marked improvement in the quality of images and other media shared between Android and iPhones. 

Now, those conversations can also benefit from the increased privacy and security that end-to-end encryption offers, making it so neither Google, Apple, nor the cellular carriers have access to the contents of messages. This feature comes courtesy of both Apple and Google supporting the GSMA RCS Universal Profile 3.0, which implements the Messaging Layer Security protocol for encryption. Metadata will likely still be collected and stored for these conversations, making alternatives like Signal still a better option for many conversations. Likewise, if you back up those conversations to the cloud, they may be stored unencrypted unless you enable Advanced Data Protection on iOS (Google Messages end-to-end encrypts the text of messages in backups, but not the media, so we’d like to see a similar offering as ADP on Android). Still, this is a significant step forward for the privacy of millions of conversations worldwide.

End-to-end encrypted RCS messaging is still marked as beta on Apple devices, likely because the rollout is dependent on carriers as well as the Android phone running the most recent version of Google Messages. 

It might take some time before you get this feature in your chats and until you do, remember that the conversations are not protected with end-to-end encryption. But once everyone in the conversation is on the right software version and the carrier support is implemented, you will see a lock icon and the text, “Encrypted” at the top of the conversation for any chats you have over RCS, as seen here:

We applaud Apple and Google for getting this across the finish line and Encrypting It Already! More companies should take these sorts of difficult but necessary steps to protect the privacy of our conversations and our data.

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Canada’s Bill C-22 Is a Repackaged Version of Last Year’s Surveillance Nightmare

Last year, the Canadian government pushed Bill C-2, which would erode Canadian digital rights in the name of “border security.” The bill was so bad it didn’t even make it to committee because of the backlash from the privacy community. Now, the spring’s worst sequel, Bill C-22, aka The Lawful Access Act, is trying it again.

As with most sequels, Bill C-22 makes some tweaks to problematic elements, but largely retains the same problems. The bill forces digital services, which could include telecoms, messaging apps, and more, to record and retain metadata for a full year, and expands information sharing with foreign governments, including the United States. Metadata can reveal a lot about who you communicate with, where you go, and when you do so. Expanding the collection of metadata would require companies to store even more information about their users than they already do, providing an incentive for bad actors to access that information. 

Worst of all, Bill C-22 erodes the privacy of millions by providing a mechanism for the Minister of Public Safety to demand companies create a backdoor to their services to provide law enforcement access to data, as long as these mandates don’t introduce a “systemic vulnerability.” These widespread surveillance backdoors would likely facilitate even more data breaches than we see already. The bill also bans companies from even revealing the existence of these orders publicly.

The definitions of both “systemic vulnerabilities” and “encryption” are not clear enough in C-22, leaving wiggle room for the government to demand that companies circumvent encryption. And the overbroad definitions in the bill can include apps as well as operating systems. Canadian officials have made it clear they believe it’s possible to add surveillance without introducing systemic vulnerabilities, which is just not true. Surveillance of encrypted communications is fundamentally a systemic vulnerability.

This resembles what happened in the UK last year, when the government demanded that Apple implement this type of backdoor into its optional Advanced Data Protection feature, which then forced Apple to revoke the feature for its UK users instead of complying with the request. To this day, UK users still do not have access to this powerful, privacy-protective feature that provides stronger protections for data stored in iCloud. Both Meta and Apple are concerned that C-22 would give the Canadian governments similar powers, and both companies have come out against the bill. The U.S. House Judiciary and Foreign Affairs committees also sent a joint letter to Canada’s Minister of Public Safety highlighting the concern around backdoors into encrypted systems.

The dangers of these sorts of backdoors are not theoretical. In 2024, the Salt Typhoon hack took advantage of a system built by Internet Service Providers to give law enforcement access to user data. When you build these systems, hackers will come.

Canadians deserve strong privacy protections, transparency into how companies handle user data, and clear safeguards around encrypted data. Bill C-22 provides none of that, instead reaching further into the digital pockets of tech companies to build broad lawful access mechanisms.

Further reading

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EFF Stands in Solidarity With RightsCon and the Global Digital Rights Community

When governments shut down spaces for dialogue, dissent, and collective organizing, the damage extends far beyond a single event. The abrupt cancellation of RightsCon 2026—the world’s largest annual global digital rights conference—is not just a logistical disruption for thousands of researchers, journalists, technologists, and activists—it is part of a growing global pattern of shrinking civic space and increasing hostility toward free expression and independent civil society.

Just days before the conference was set to begin and as participants had begun to arrive in Lusaka, organizers announced that RightsCon would no longer proceed in Zambia or online after mounting political pressure and demands that would have excluded vulnerable communities and constrained discussion. The U.N.’s World Press Freedom Day, which was set to take place just prior to the conference, was scaled down in light of the events, and its press freedom prize ceremony postponed to a later date.

RightsCon has long served as one of the few truly global convenings where civil society groups, grassroots organizers, technologists, and policymakers can meet on equal footing to confront some of the most urgent human rights challenges of the digital age—from censorship and surveillance to internet shutdowns, platform accountability, and the safety of marginalized communities online. EFF has had a presence at RightsCon since its inception in 2011, and had planned to meet with and learn from international partners and present our work during several sessions in Lusaka.

The cancellation is especially devastating because of what RightsCon represents. For many advocates—particularly those from the global majority—it is not merely another conference. It is a rare opportunity to build solidarity across borders, form lasting partnerships, learn from other regions’ experiences, secure funding and support for local work, and ensure that the people most impacted by digital repression have a seat at the table. Holding the event in southern Africa carried particular significance, promising to elevate regional voices and strengthen local digital rights networks.

What happened in Zambia sends a chilling message. According to organizers and multiple reports, the pressure surrounding the event included Chinese government demands to exclude Taiwanese participants and moderate discussions around politically sensitive topics. At a moment when governments around the world are increasingly restricting protest, targeting journalists, cutting funds for human rights work, banning young people from online communities, censoring speech, and criminalizing civil society activity, the cancellation of RightsCon reflects the broader erosion of democratic space online and offline.

Organizations from the digital rights community have spoken out forcefully against the government’s cancellation of the conference, making clear that these attacks on civic participation will not pass unnoticed. Access Now described the decision as evidence of “the far reach of transnational repression targeting civil society.” Index on Censorship’s response warned that the move represents a dangerous escalation in attempts to suppress open dialogue, while IFEX rightly described the cancellation as a blow not just to one conference, but to freedom of expression and assembly everywhere.

We are also heartened to see statements from members of the international community—including Tabani Moyo, who spoke about the impact on the southern African community, and Taiwanese participant Shin Yang, who emphasized the importance of preserving spaces where marginalized communities can safely organize and speak—underscoring that attempts to silence civil society only reinforce the importance of defending open, global spaces for organizing and debate.

Even as this cancellation represents a serious setback, it is important to remember that the digital rights community has always adapted under pressure. Around the world, advocates continue to organize in increasingly difficult environments, finding new ways to connect, collaborate, and resist censorship and repression. Upcoming events like the Global Gathering and FIFAfrica—both of which EFF plans to attend—will bring together members of the community to tackle tough issues. And in the meantime, groups from all over the world are working together to incorporate global perspectives into platform regulations, oppose age verification laws, protect against surveillance, and fight internet shutdowns, among many other efforts.

RightsCon itself emerged from a recognition that defending human rights in the digital age requires international solidarity—and that need has not disappeared.

The conversations that were supposed to happen in Lusaka will continue elsewhere: in community spaces, online gatherings, encrypted chats, and future convenings yet to come. Governments may close venues, restrict participation, or attempt to narrow the boundaries of acceptable speech, but they cannot erase the global movement working to defend a free and open internet.

RightsCon will not go on in Zambia, but we remain heartened and inspired by the strength of the global digital rights community, stand with them in solidarity, and look forward to seeing our allies at the next RightsCon and other upcoming events.

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Congress Narrowed the GUARD Act, But Serious Problems Remain

Following criticism, lawmakers have narrowed the GUARD Act, a bill aimed at restricting minors’ access to certain AI systems. The earlier version could have applied broadly to nearly every AI-powered chatbot or search tool. The amended bill focuses more narrowly on so-called “AI companions”—conversational systems designed to simulate emotional or interpersonal interactions with users. 

That change does address some of the broadest concerns raised about the original proposal, though some questions about the bill’s reach remain. Bottom line: the revised bill still creates serious problems for privacy, online speech, and parental choice.

TAKE ACTION

Tell Congress: oppose the guard act

The new GUARD Act still requires companies offering AI companions to implement burdensome age-verification systems tied to users’ real-world identities. Even parents who specifically want their teenagers to use these systems would still face significant hurdles. A family might decide that a conversational AI tool helps an isolated teenager practice social interaction, or engage in harmless creative roleplay. A parent deployed in the military might set up a persistent AI storyteller for a younger child. Under the revised bill, those users could still face mandatory age checks tied to sensitive personal or financial information before they or their children can use these services.

The revised bill also leaves important definitions unclear while sharply increasing penalties for developers and companies that get those judgments wrong. Congress narrowed the GUARD Act. But it is still trying to solve a complicated social problem with vague legal standards, heavy liability, and privacy-invasive verification systems.

Intrusive Age-Verification Remains In The Bill

The revised GUARD Act still requires companies offering AI companions to verify that users are adults through a “reasonable age verification” system. The bill allows a broader set of verification methods than the earlier version, but they are still tied to a user’s real-world identity—such as financial records, or age-verified accounts for a mobile operating system or app store. 

That approach still raises serious privacy and access concerns. Millions of Americans do not have current government ID, accounts at major banks, or stable access to the kinds of digital identity systems the bill contemplates. Even for those who do, requiring identity-linked verification to access online speech tools creates real risks for privacy, anonymity, and data security. Many people are rightly creeped out by age-verification systems, and may simply forgo using these services rather than compromise their privacy and security.

The revised definition of “AI companion” is also narrower than before, but it’s unclear at the margins. The bill now focuses on systems that “engage in interactions involving emotional disclosures” from the user, or present a “persistent identity, persona or character.” 

EFF appreciates that the authors recognized that the prior definition could reach a variety of AI systems that are not chatbots, including internet search engines. But the narrowed definition could be read to also apply to a variety of chat tools that are not AI companions. For example, many modern online conversational systems increasingly recognize and respond to users’ emotions. Customer service systems, including completely human-powered ones that existed long before AI chatbots, have long been designed to recognize frustration and respond empathetically. As conversational AI becomes more emotionally responsive, a customer service chatbot’s efforts to empathize may sweep it within the bill’s definition. 

Bigger Penalties, Bigger Incentives To Restrict Access

The revised bill also sharply increases penalties. Instead of $100,000 per violation, companies—including small developers—can face fines of up to $250,000 per violation, enforced by both federal and state officials.

That kind of liability creates incentives to over-restrict access, especially for minors. Smaller developers, in particular, may decide it is safer to block younger users entirely, disable conversational features, or avoid developing certain tools at all, rather than risk severe penalties under vague standards.

The concerns driving this bill are real. Some AI systems have engaged in troubling interactions with vulnerable users, including minors. But the right answer to that is targeted enforcement against bad actors, and privacy laws that protect us all. The revised GUARD Act instead responds with a privacy-invasive system that burdens the right to speak, read, and interact online.

Congress did improve this bill, but EFF’s core speech, privacy, and security issues remain.

TAKE ACTION

Tell Congress: oppose the guard act

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Free Signal Guide

EFF friend Guy Kawasaki* has written a book: Everybody Has Something to Hide: Why and How to Use Signal to Preserve Your Privacy, Security, and Well-Being. This guide is now available in Spanish and English as an ebook in the EPUB format that you can download here. Take a look and consider sharing it with anyone who you know who uses (or should use) Signal. 

And don't forget: EFF has two short guides on using Signal on our Surveillance Self-Defense site. An intro How to Use Signal guide, and a guide on Managing Signal Groups. 

Everybody Has Something to Hide: Why and How to Use Signal to Preserve Your Privacy, Security, and Well-Being courtesy of Guy Kawasaki. 

*Guy Kawasaki is an EFF donor.

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The SECURE Data Act is Not a Serious Piece of Privacy Legislation

The federal SECURE Data Act is not a serious consumer privacy bill, and its provisions—if enacted—would be a retreat from already insufficient state protections.

Republicans on the House Energy and Commerce Committee released a draft of the bill late last month without bipartisan support. The bill is weaker than congressional proposals in prior years, as well as most of the 21 state consumer privacy laws already on the books.

The bill could wipe out hundreds of  state privacy protections.

Most troubling for EFF: the bill would preempt dozens, if not hundreds, of state laws that regulate related topics, and it would not allow consumers to sue to protect their own rights (commonly called a private right of action). And it comes nowhere close to banning online behavioral advertising—a practice that fuels technology companies’ always increasing hunt for personal data.

The bill also suffers from many other flaws including weak opt-out defaults, inadequate data minimization requirements, and large definitional loopholes for companies.

Key Provisions

The bill would give consumers some rights to take action to control their personal data— like access, correction, deletion, and limited portability. These rights have become standard in all data privacy proposals in recent years.

The bill would also require companies to obtain your consent before processing your sensitive data, or using any of your personal data for a previously undisclosed purpose. Absent your consent, a company couldn’t do these things.

Further, the bill would allow you to opt out of (1) targeted third-party advertising, (2) the sale of your personal data, and (3) profiling of you that has a legal, healthcare, housing, or employment effect. Unfortunately, a company could keep doing these invasive things to you, unless you opted out.

The bill would also require data brokers that make at least 50 percent of their profits from the sale of personal data to register in a public database maintained by the Federal Trade Commission (FTC).

Preemption of Too Many State Laws

Federal privacy laws should allow states to build ever stronger rights on top of the federal floor. Many federal privacy laws allow this, including the Health Insurance Portability and Accountability Act, the Video Privacy Protection Act, and the Electronic Communications Privacy Act.

The SECURE Data Act would not do that. Instead, it would wipe out dozens, if not hundreds, of existing state privacy protections. Section 15 of the bill would preempt any “law, rule, regulation, requirement, standard, or other provision [that] relates to the provisions of this Act.” This would kill the 21 state consumer privacy laws passed in the past few years. These state bills aren’t strong enough, but they are still better than this federal proposal. For example, California maintains a data broker deletion tool and requires companies to comply with automatic opt-out signals—including one that is built into EFF’s Privacy Badger.

Because the SECURE Data Act has provisions that relate to data privacy and security, it could preempt all 50 state data breach laws and many others. It could also preempt state laws related to specific pieces of sensitive data, like bans on the sale of biometric or location information. Some states like California have constitutional provisions that protect an individual’s right to privacy, which can be enforced against companies. That constitutional provision, as well as state privacy torts, could also be in danger if this bill passed.

No Private Enforcement, A New Cure Period, and Vague Security Powers

Strong consumer privacy laws should allow consumers to take companies to court to defend their own rights. This is essential because regulators do not have the resources to catch every violation, and federal consumer enforcement agencies have been gutted during the current administration.

The SECURE Data Act does not have a private right of action. The FTC, along with state attorneys general, have primary enforcement authority. The law also gives companies 45 days to “cure” any violation with no penalty after they are caught.

Moreover, Section 8 of the bill creates a vaguely defined self-regulatory scheme in which companies can apply to be audited by an “independent organization” that will apply a “code of conduct.” Following this code of conduct would give companies a presumption that they are complying with the law. This provision is an implicit acknowledgement that the bill does not provide regulators with any new resources to enforce new protections.

Section 9 of the bill would give the Secretary of Commerce broad power to “take any action necessary and appropriate to support the international flow of personal data,” including assessing “security interests of the United States.” The scope of this amorphous provision is unclear, but it likely does not belong in a consumer protection bill.

Weak Privacy Defaults

Your online privacy should not depend on whether you have the time, patience, and knowledge to navigate a website and turn off invasive tracking. Good privacy laws build in data minimization requirements—meaning there should be a default standard that prevents companies from processing your data for purposes that are not needed to provide you with the service you asked for.

The SECURE Data Act puts the burden on you to opt out of invasive company practices, like targeted third-party advertising, the sale of your personal data, and profiling. The bill at least requires companies to obtain your consent before processing your sensitive data (like selling your precise location). These consent requirements, however, are often an invitation for companies to trick you into clicking a button to give away your rights in hard-to-read policies. Indeed, few people would knowingly agree to let a company sell their personal data to a broker who turns around and sells it to the government.

Section 3 of the bill uses the term “data minimization,” but it is done in name only. The provision does not limit a company’s processing of data to only what is necessary to provide the customer with the good or service they asked for. Instead, the provision limits processing of data to only what a company “disclosed to the customer”—meaning if it is in the confusing privacy policy that nobody reads, it is okay.

And the bill would not even allow you to restrict certain uses of your data. As companies seek more data for AI systems, many internet users do not want their private personal data to be used to train those models. However, the bill makes clear that “nothing in this Act may be construed to restrict” a company from collecting, using, or retaining your data to “develop” or “improve” a new technology.

Other Flawed Definitions and Loopholes

The bill has numerous loopholes that technology companies would exploit if the bill were to become law. Below is just a sampling:

  • Government contractors: Under Section 13(b)(2), government contractors are exempt from the bill, which could be wrongly interpreted to exempt certain data brokers from sale restrictions when those sales are made to the government. This type of exemption could benefit surveillance companies like Clearview AI, which previously argued it was exempt from Illinois’ strict biometric law using a similar contractor exception. This is likely not the authors’ intention, since the definition of sale includes those made “to a government entity.”
    Sale definition: The definition in Section 16(28) is defined too narrowly. A sale should mean any exchange for monetary “or other valuable” consideration, as in some other privacy laws.
  • Biometric information definition: The definition in Section 16(4) excludes data generated from a photo or video, and the definition excludes face scans not meant to “identify a specific individual.” This could be wrongly interpreted to allow biometric identification from security camera footage, or biometric use for sentiment or demographic analysis.
  • Personal data definition: The definition in Section 16(21) exempts “de-identified data” from the definition of personal data, which could allow companies to do anything with de-identified data because that data is not protected by the law. The problem with de-identified data is that many times it is not.
  • Deletion requests: With regard to data that a company obtained from a third-party, Section 2(d)(5) would treat a consumer’s deletion request merely as an opt-out request. And even if a customer requested deletion, a company might be able to retain the data for research purposes under section 11(a)(9)(A).
  • Profiling definition: Under the definition in Section 16(25), companies could profile so long as the profiling is not “solely automated.” The flimsiest human review would exempt highly automated profiling.

Congress is long overdue to enact a strong comprehensive consumer data privacy law, and we have sketched what it should look like. But the SECURE Data Act is woefully inadequate. In fact, it would cause even more corporate surveillance of our personal information, by wiping out state laws that are more protective than this federal bill. Even worse, this bill would block state legislatures from protecting their residents from the privacy threats of tomorrow that are unforeseeable today. 

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EFF and 18 Organizations Urge UK Policymakers to Prioritize Addressing the Roots of Online Harm

EFF joins 18 organizations in writing a letter to UK policymakers urging them to address the root causes of online harm—rather than undermining the open web through blunt restrictions.

The coalition, which includes Mozilla, Tor Project, and Open Rights Group, warns that proposed measures following the passage of the Children’s Wellbeing and Schools Bill risk fundamentally reshaping the internet in harmful ways. Chief among these proposals are sweeping age-gating requirements and access restrictions that would apply not only to young people, but effectively to all users.

While framed as efforts to protect children online, these policies rely heavily on age assurance technologies that are either inaccurate, privacy-invasive, or both. As the letter notes, mandating such systems across a wide range of services—from social media and video games to VPNs and even basic websites—would force users to verify their identity simply to access the web. This creates serious risks, including expanded surveillance, data breaches, and the erosion of anonymity.

Beyond privacy concerns, the signatories argue that these measures threaten the core architecture of the open internet. Age-gating at scale could fragment the web into a patchwork of restricted jurisdictions, limit access to information, and entrench the dominance of powerful gatekeepers like app stores and platform ecosystems. In doing so, policymakers risk weakening the very qualities—interoperability, accessibility, and openness—that have made the internet a global public resource.

The letter also emphasizes what’s missing from the current policy approach: meaningful efforts to address the underlying drivers of online harm. Many digital platforms are designed to maximize engagement and profit through pervasive data collection and targeted advertising, often at the expense of user safety and autonomy. Rather than imposing access bans, the coalition calls on UK policymakers to hold companies accountable for these systemic practices and to prioritize user rights by design.

Importantly, the signatories highlight that the internet remains a vital space for young people: offering access to information, support networks, and opportunities for expression that may not exist offline. Policies that restrict access risk cutting off these lifelines without meaningfully reducing harm.

The message is clear: protecting users online requires more than heavy-handed restrictions. It demands thoughtful, rights-respecting policies that tackle the business models and design choices driving harm, while preserving the open, global nature of the web.

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EFF Submission to UK Consultation on Digital ID

Last September, the United Kingdom’s Prime Minister Keir Starmer announced plans to introduce a new digital ID scheme in the country. The scheme aims to make it easier for people to prove their identities by creating a virtual ID on personal devices with information like names, date of birth, nationality or residency status, and a photo to verify their right to live and work in the country. 

Since then, EFF has joined UK-based civil society organizations in urging the government to reconsider this proposal. In one joint letter from December, ahead of Parliament’s debate around a petition signed by 2.9 million people calling for an end to the government’s plans to roll out a national digital ID, EFF and 12 other civil society organizations wrote to politicians in the country urging MPs to reject the Labour government’s proposal.

Nevertheless, politicians have continued to explore ways to build out a digital ID system in the country, often fluctuating between different ideas and conceptualisations for such a scheme. In their search for clarity, the government launched a consultation, Making public services work for you with your digital identity,’ seeking views on a proposed national digital ID system in the UK. 

EFF submitted comments to this consultation, focusing on six interconnected issues:

  1. Mission creep
  2. Infringements on privacy rights 
  3. Serious security risks
  4. Reliance on inaccurate and unproven technologies
  5. Discrimination and exclusion
  6. The deepening of entrenched power imbalances between the state and the public.

Even the strongest recommended safeguards cannot resolve these issues, and the fundamental core problem that a mandatory digital ID scheme that shifts power dramatically away from individuals and toward the state. They are pursued as a technological solution to offline problems but instead allow the state to determine what you can access, not just verify who you are, by functioning as a key to opening—or closing—doors to essential services and experiences. 

No one should be coerced—technically or socially—into a digital system in order to participate fully in public life. It is essential that the UK government listen to people in the country and say no to digital ID. 

Read our submission in full here.

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Getting Digital Fairness Right: EFF's Recommendations for the EU's Digital Fairness Act

Digital Fairness in the EU

The next few years will be decisive for EU digital policymaking. With major laws like the Digital Services Act, the Digital Markets Act, and the AI Act now in place, the EU is entering an enforcement era that will show whether these rules are rights-respecting or drift toward overreach and corporate control. With the proposed EU’s Digital Fairness Act (DFA), the Commission is now turning to increasingly visible risks for users, such as dark patterns and exploitative personalization. Its “Digital Fairness Fitness Check” makes clear that existing consumer rules need updating to reflect how digital markets operate today.

But not all proposed solutions point in the right direction. Regulators are already flirting with measures that rely on expanded surveillance, such as age verification mandates—surface-level fixes that risk undermining fundamental rights while offering little more than a false sense of protection.

For EFF, digital fairness means addressing the root causes of harm, not requiring platforms to exert more control over their users. It means safeguarding privacy, freedom of expression, and the rights of users and developers.

If the DFA is to make a real difference, it must tackle structural imbalances. Lawmakers should focus on two interlocking principles. First, prioritize privacy. Reforms should address harms driven by surveillance-based business models, alongside deceptive design practices that impair informed choices. Second, strengthen user sovereignty, which is also a necessary precondition for European digital sovereignty more broadly. Strengthening user sovereignty means taking measures that address user lock-in, coercive contract terms, and manipulative defaults that limit users’ ability to freely choose how they use digital products and services.

Together, these principles would support the EU’s objectives of consistent consumer protection, fair markets, and a more coherent legal framework. If implemented properly, the EU could address power imbalances and build trust in Europe’s digital economy.

Ban Dark Patterns

Dark patterns are practices that impair users’ ability to make informed and autonomous decisions. Many companies deploy these tactics through interface design to steer choices and influence behavior. Their impact goes beyond poor consumer decisions. Dark patterns push users to share personal data they would not otherwise disclose and undermine autonomy by making alternatives harder to access.

The DFA should address this by clearly prohibiting misleading interfaces that distort user choice in commercial contexts. While the Digital Services Act introduced a definition, it only partially bans such practices and leaves gaps across existing consumer law rules. The DFA should close these gaps by, at the very least, introducing explicit prohibitions and clearer enforcement rules, without resorting to design mandates.

Tackle Commercial Surveillance

At the core of digital unfairness lies the pervasive collection and use of personal data. Surveillance and profiling drive many of the harms regulators are trying to address, from dark patterns to exploitative personalization. The DFA should tackle these incentives directly by reducing reliance on surveillance-based business models. These practices are fundamentally incompatible with privacy and fairness, and they distort digital markets by rewarding data exploitation rather than quality of service. At a minimum, the DFA should address unfair profiling and surveillance advertising by strengthening privacy rights and banning pay-for-privacy schemes. Users should not have to trade their data or pay extra to avoid being tracked. Accordingly, the DFA should support the recognition of automated privacy signals by web browsers and mobile operating systems, which give users a better way to reject tracking and exercise their rights. Practices that override such signals through banners or interface design should be considered unfair.

Addressing surveillance and profiling also protects children, since many online harms are tied to the collection and exploitation of their data. Systems that serve ads or curate content often rely on intrusive profiling practices, raising concerns about privacy and fairness, particularly when applied to minors. Rather than turning to invasive age verification, the focus should be on limiting data use by default.

Strengthen User Sovereignty

There is a major gap in how EU law addresses user autonomy in digital markets: many digital products and services still restrict what people can do with what they pay for through opaque or one-sided licensing terms, technical protection measures, and remote controls. These mechanisms increasingly limit lawful use, modification, or access after purchase, allowing providers to revoke access, disable functionalities, or degrade performance over time. In practice, this turns ownership into a conditional rental.

Consumers must be able to use and resell digital goods without hidden limitations and with clear licensing terms. Too often, technical and contractual lock-ins, including remote lockouts and unilateral restrictions on functionality, erode that control. Recent legal reforms show that progress is possible. Rules such as those under the Digital Markets Act have begun to curb technical and contractual barriers and promote user choice. However, many restrictions persist.

The DFA must address these practices by targeting unfair post-sale restrictions and strengthening users’ ability to control and switch services. This means setting clear limits on unfair terms and misleading practices, alongside robust transparency on how digital services function over time. It should also strengthen interoperability and support user control, allowing people to access third-party applications and to let trusted applications act on their behalf, reducing lock-in and expanding meaningful choice in how users interact with digital services.

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Stop New York's Attack on 3D Printing

New York's proposed 2026-2027 budget currently includes provisions that will require all 3D printers sold in the state to run print-blocking censorware—software that surveils every print for forbidden designs. This policy would also create felony charges for possessing or sharing certain design files. The vote on the state budget could happen as early as next week, so New Yorkers need to act fast and demand that their Assemblymembers and Senators strip this provision from the budget.

Take action

Tell Your Representative to Stand with Creators

State legislators across the US are rushing to regulate 3D-printed firearms under the syllogism something must be done; there, I've done something.” The most reckless of these proposals is a mandate for manufacturers to implement print blocking on all 3D printers. We, and other experts, have already pointed out that this algorithmic print blocking is simply unfeasible and will only serve to stifle competition, free expression, and privacy. While most detrimental to the creative communities lawfully using these printers, every New Yorker will be impacted by this blow to innovation.

This policy is unfortunately buried in Part C of the New York State’s proposed budget for the 2026-2027 fiscal year (S.9005 / A.10005), which is urgently moving toward a vote after facing extensive delays. It’s also bundled with a policy that would allow felony charges to be brought against researchers and journalists for sharing design files restricted by the state.  The worst of these impacts won’t be known until after it is negotiated behind closed doors, with no safeguards for creative expression or privacy.

Researchers and Journalists Could Face Felony Charges

Part C Subpart A of the budget includes two particularly concerning provisions: §2.10 and 2.11. These threaten Class E felony charges for distributing or possessing 3D-printer files that would produce firearm parts with a 3D printer or CNC machine. 

Under these provisions merely sharing a print file with any of them could result in criminal charges

The first provision, 2.10, makes it a felony to sell or distribute files that can produce major firearm components to someone who is not a federally and NY-licensed gunsmith. Under 2.11, it’s also a felony to possess these files if you intend to illegally print a firearm or share them with someone you believe is not permitted to own or smith a firearm.

A journalist reporting on 3D-printed guns. A researcher studying printable firearms. An artist incorporating parts into a new work commenting on gun culture. Under these provisions merely sharing a print file with any of them could result in criminal charges, even if no one involved intends to assemble a firearm.

Criminalizing information doesn’t work. Someone intent on illegally printing a firearm is already subject to charges for that act. Adding felony liability for simply possessing a file or design piles on additional charges while doing nothing to stop printing. New charges for someone distributing these files won’t make them inaccessible to lawbreakers, but they will have a chilling effect on legitimate and entirely legal work. 

Unsurprisingly, a similar law was proposed and subsequently scrapped in Colorado due to First Amendment concerns. We recommend New York do the same.

Take action

Tell Your Representative to Stand with Creators

Mandated Surveillance, Less Access

Part C Subpart B would require every 3D printer and CNC machine sold in New York to include algorithms that scan your design files and block prints the system identifies as producing firearm components. Furthermore, all sales and deliveries of these machines must be made face-to-face. 

Unlike other bills we have seen, there are no exceptions to this mandate. These restrictions apply to sales to researchers, commercial manufacturers, and—oddly enough—federally and state-licensed gunsmiths.

Applying these restrictions to CNC machine sellers is particularly absurd. These cousins of 3D printers, which make 3D objects by removing materials, are often tens of thousands of dollars and used by commercial manufacturers. Automotive, aerospace, medical manufacturers, and many others industries will be subject to the in-person sales, surveillance risk, and all the other problems with these print-blocking algorithms introduce.

Industries will be subject to the in-person sales, surveillance risk, and all the other problems

Even limiting the focus to individual buyers—hobbyists and artists who use these machines at home—this restriction to face-to-face sales comes with its own issues. Beyond unnecessarily complicating the use of printers in the state, this barrier to access will hit rural New Yorkers the hardest. People in rural or remote locations can stand to benefit from the saved time and costs of printing useful parts at home. With this restriction, they will need to drive to one of the few retailers who actually sell this equipment and settle for the models they stock. 

That is, if sellers continue to stock these printers despite the risk. Subpart B §§ 2.3 and 2.5 open sellers up to liability, including anyone on the second-hand market, for selling out-of-date printers. Meanwhile, buyers hoping to illegally print firearms can simply build their own printer with widely available equipment.

The Law Won’t Work as Advertised 

Here’s what makes Subpart B of the New York budget particularly reckless: the technology it mandates is not capable of doing what it is supposed to. 

There is very little detail provided about requirements for the mandated algorithms. What the bill does outline boils down to this: the algorithms must evaluate print files to determine whether they would produce a firearm or illegal firearm parts, and if so, block the print. In an attempt to enable this, New York state would also create and maintain a library of forbidden files with tightly restricted access. 

We’ve already gone over why this idea simply won’t work. Design files are trivially easy to modify, split into segments, or otherwise alter to evade pattern detection. Even if printers fully rendered and analyzed the print with cloud-based AI, any number of design or post-print tricks can be used to dodge detection. Meanwhile, such fuzzy AI interpretation will rapidly increase the percentage of lawful prints censored. 

Firearms aren’t a highly specific design like paper currency; these proposed algorithms are futilely attempting to block an infinite number of designs capable of—or that can be made capable of—the few simple mechanical functions that make up a firearm. 

This group has no peer review requirements, so it could easily be loaded with profiteers or incumbent manufacturers

As we’ve said before: the internet always routes around censorship. Anyone determined to print a prohibited object has straightforward workarounds. The people who get surveilled and blocked are the people trying to follow the law.

The bill aims to enforce this impossible mandate by creating a working group to define the actual technical requirements of enforcement—but only after the law passes. This group has no peer review requirements, so it could easily be loaded with profiteers or incumbent manufacturers who are already lining up to participate. These incumbents stand to profit from shutting out new competitors and locking in users to their devices, and sellers into their platform, subjecting both to the type of enshittification seen with Digital Rights Management (DRM) software. There are also no safeguards in the law to prevent the most surveillance-heavy approaches to print scanning, or to stop this censorship infrastructure from being further weaponized against lawful speech.

On the other hand, unbiased experts in open-source manufacturing in the working group can at best pause the clock by showing such algorithms are unfeasible. That is, until a new snake oil company comes along to restart it. 

New York Won't Be the Last Stop 

New York is one of the largest consumer markets in the country. When it mandates a feature in hardware, manufacturers hardly ever build a New York-only version. They build the New York version and sell it globally. A print-blocking mandate adopted in New York will become the national standard in practice.

New Yorkers deserve more than this rush job buried in a budget bill. This is an unfeasible tech solution, built without the consumer protections that would be required of any serious policy proposal, and creates new costs and inconveniences amidst a protracted annual budget process. It also threatens First Amendment protections. This policy will take shape without consumer guardrails, behind closed doors, and risks the worst outcomes for grassroots innovation and creativity enabled by these machines. Worse still, these practices can become the norm across other states and among 3D-printer manufacturers worldwide. 

Your representatives could vote on this ill-conceived measure in the next week.  If you're a New Yorker, email your legislators now, and tell them to strip this measure from the budget today. 

Take action

Tell Your Representative to Stand with Creators

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Google Broke Its Promise to Me. Now ICE Has My Data.

In September 2024, Amandla Thomas-Johnson was a Ph.D. candidate studying in the U.S. on a student visa when he briefly attended a pro-Palestinian protest. In April 2025, Immigration and Customs Enforcement (ICE) sent Google an administrative subpoena requesting his data. The next month, Google gave Thomas-Johnson's information to ICE without giving him the chance to challenge the subpoena, breaking a nearly decade-long promise to notify users before handing their data to law enforcement. 

Google names a handful of exceptions to this promise (such as if Google receives a gag order from a court) that do not apply to Thomas-Johnson's case. While ICE “requested” that Google not notify Thomas-Johnson, the request was not enforceable or mandated by a court. Today, the Electronic Frontier Foundation sent complaints to the California and New York Attorneys General asking them to investigate Google for deceptive trade practices for breaking that promise. You can read about the complaints here. Below is Thomas-Johnson's account of his ordeal. 

Out of touch but not out of reach 

I thought my ordeal with U.S. immigration authorities was over a year ago, when I left the country, crossing into Canada at Niagara Falls.  

A photo of Amandla Thomas-Johnson

By that point, the Trump administration had effectively turned federal power against international students like me. After I attended a pro-Palestine protest at Cornell University—for all of five minutes—the administration’s rhetoric about cracking down on students protesting what we saw as genocide forced me into hiding for three months. Federal agents came to my home looking for me. A friend was detained at an airport in Tampa and interrogated about my whereabouts. 

I’m currently a Ph.D. student. Before that, I was a reporter. I’m a dual British and Trinadad and Tobago citizen. I have not been accused of any crime. 

I believed that once I left U.S. territory, I had also left the reach of its authorities. I was wrong. 

The email

Weeks later, in Geneva, Switzerland, I received what looked like a routine email from Google. It informed me that the company had already handed over my account data to the Department of Homeland Security. 

At first, I wasn’t alarmed. I had seen something similar before. An associate of mine, Momodou Taal, had received advance notice from Google and Facebook that his data had been requested. He was given advanced notice of the subpoenas, and law enforcement eventually withdrew them before the companies turned over his data. 

Google had already disclosed my data without telling me.

I assumed I would be given the same opportunity. But the language in my email was different. It was final: “Google has received and responded to legal process from a law enforcement authority compelling the release of information related to your Google Account.” 

Google had already disclosed my data without telling me. There was no opportunity to contest it. 

Google’s broken promise

To be clear, this should not have happened this way. Google promises that it will notify users before their data is handed over in response to legal processes, including administrative subpoenas. That notice is meant to provide a chance to challenge the request. In my case, that safeguard was bypassed. My data was handed over without warning—at the request of an administration targeting students engaged in protected political speech. 

Months later, my lawyer at the Electronic Frontier Foundation obtained the subpoena itself. On paper, the request focused largely on subscriber information: IP addresses, physical address, other identifiers, and session times and durations. 

But taken together, these fragments form something far more powerful—a detailed surveillance profile. IP logs can be used to approximate location. Physical addresses show where you sleep. Session times would show when you were communicating with friends or family. Even without message content, the picture that emerges is intimate and invasive.  

State power meets private data

What this experience has made clear is that anyone can be targeted by law enforcement. And with their massive stores of data, technology companies can facilitate those arbitrary investigations. Together, they can combine state power, corporate data, and algorithmic inference in ways that are difficult to see—and even harder to challenge. 

The consequences of what happened to me are not abstract. I left the United States. But I do not feel that I have left its reach. Being investigated by the federal government is intimidating. Questions run through your head. Am I now a marked individual? Will I face heightened scrutiny if I continue my reporting? Can I travel safely to see family in the Caribbean? 

Who, exactly, can I hold accountable?

Update: This post has been updated to include more information about Google's exceptions to their notification policy, none of which applied to the subpoena targeting Thomas-Johnson.

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Digital Hopes, Real Power: How the Arab Spring Fueled a Global Surveillance Boom

This is the third installment of a blog series reflecting on the global digital legacy of the 2011 Arab uprisings. You can read the first post here, and the second here.

When people recall the 2011 uprisings across the Middle East and North Africa (MENA), they often picture crowded squares, raised phones, and the feeling that the internet had finally shifted the balance of power toward ordinary people. But the past decade and a half is also a story about how governments, companies, and platforms turned those same tools into the backbone of a powerful state surveillance apparatus.

For activists, journalists, everyday users, that means now living with a constant threat. The phone in your pocket, the platforms you organize on, and the systems you rely on for safety and connection can be weaponized at the flip of a switch. A global surveillance industry has treated repression by many MENA governments as a growth opportunity, and the tactics refined there now shape digital authoritarianism worldwide. This essay traces how that shift unfolded: security agencies upgraded older systems of repression with new surveillance tools and permanent monitoring infrastructure; cybercrime laws and mercenary spyware markets turned digital control into standard operating procedure; and biometrics, facial recognition, and ‘smart city’ projects laid the groundwork for AI‑driven surveillance that now shapes protests, borders, and everyday life far beyond the region. 

Remembering the Arab Spring means seeing the events of 2011 as both a remarkable moment of movement history when people leveraged networked tools in their fight for freedom and the beginning of a long, grinding effort to turn those same tools into mechanisms of state control.

Old‑School Repression, New‑School Tools

Long before Facebook and Twitter, regimes in countries like Egypt and Syria already knew how to crush dissent. They leaned on informant networks, physical surveillance, and wiretaps, backed by emergency laws that let security agencies monitor and detain critics with almost no restraint. Research on the use of surveillance technology in MENA shows that, even before the Arab Spring, states were layering early digital tools like internet monitoring, deep packet inspection, and interception centers on top of that older machinery of control.

At the same time, connectivity was racing ahead. Cheap smartphones and social media suddenly let people share information at scale, coordinate protests, and broadcast abuses in real time. In 2011, EFF described both the excitement around “Facebook revolutions” and the early signs that governments were scrambling to upgrade their capacity to watch and disorganize popular dissent.

After the uprisings, Western critics endlessly debated how much credit to give social media itself. While in the background, security agencies across several MENA states reached a much simpler conclusion: if networked communication can help topple a dictator, then they needed to embed themselves deep inside those networks. Analyses of the rise of digital authoritarianism in MENA show how quickly officials pivoted from being surprised by online organizing to building systems to monitor and pre‑empt it.

In the years after 2011, governments across the region poured money into tools that let them systematically watch what people said and did on major platforms. Foreign vendors set up monitoring centers and interception systems that let security agencies block tens of thousands of sites, scrape and analyze social media at scale, monitor activist pages and online communities, and track activists in real time. They built a new, pre‑emptive model of digital control, one that assumes the state should see as much as possible, as early as possible.

As we noted in 2011, exporting permanent surveillance infrastructure to already‑abusive governments doesn’t “modernize” public safety; it locks in an architecture of control that is primed to abuse dissidents, journalists, and marginalized communities.

Domestic Lawfare and Cyber-Mercenaries

After the uprisings, a number of governments also rewrote the rules that govern online life. Cybercrime laws, “fake news” provisions, and overbroad public‑order and ‘morality’ offences gave prosecutors and security agencies legal cover to act with impunity. Governments in Saudi Arabia, Tunisia, Jordan, and Egypt combined counterterrorism, cybercrime, defamation, and protest laws into a legal thicket designed to make online dissent feel dangerous and costly. Morality laws and cybercrime provisions are used to target queer and trans people based on identity and expression.​

At the United Nations, a new global cybercrime convention now risks baking this logic into international law. The convention was adopted by the UN General Assembly in late 2024, despite serious human rights concerns raised by civil society. Echoing our partners, EFF warned at the time that the UN cybercrime draft convention remained too flawed to adopt and urged states to reject the draft language because it legitimized expansive surveillance powers and criminalized legitimate expression, security research, and everyday digital practices around the world. While on paper, these instruments gesture to “public safety” objectives, in practice they function as pathways for state security agencies to monitor, prosecute, and silence the communities most at risk. For state-targeted communities, that makes being visible online a calculated risk, not a neutral choice.​​

Criminal codes are only half the story; mercenary tech is the other. As governments worldwide looked for ways to outpace their critics, a parallel market emerged to help them infiltrate and take over devices. Companies like NSO Group marketed Pegasus and similar tools as off‑the‑shelf capabilities for governments that wanted to hack a target’s cellphones or other devices to read messages, turn on microphones, and monitor entire social networks while bypassing the courts. 

In 2019, UN Special Rapporteur David Kaye called for a global moratorium on the sale and transfer of private surveillance tools until real, enforceable safeguards exist. Two years later, forensic work by Amnesty and media partners showed how the same spyware used to hack phones of Palestinian human‑rights defenders was used to surveil journalists, activists, lawyers, and political opponents across dozens of countries

Regional groups responded by demanding an end to the sale of surveillance technology to autocratic governments and security agencies, arguing that you cannot keep selling “lawful intercept” tools into systems where law itself is an instrument of repression. Commercial spyware is at the center of digital repression, not at its margins. Surveillance vendors are not neutral suppliers. Safeguards remain weak, fragmented, or nonexistent in most of the countries buying these tools, yet vendors continue seeking new contracts and new militarized “use cases.” Put bluntly, the companies that design, market, and maintain these systems precisely because they enable this kind of control profit from (and help entrench) authoritarian power.

Biometrics, Facial Recognition, and AI‑Powered Surveillance Cities

On top of this rapidly intensifying interception and spyware stack, governments and companies began layering biometrics and face recognition into everyday systems, creating pathways for bulk data collection, automated analysis, and risk profiling. In parts of MENA, national ID schemes, border and migration controls, and centralized biometric databases have been rolled out in environments with weak or captured data‑protection laws, making it easy to link people’s movements, services, and political activity to a single, persistent identifier.​

Humanitarian programs are not exempt from this protocol. In Jordan, Syrian refugees have been required to submit iris scans and biometric data to access cash assistance and food, turning “consent” into a precondition for survival. When access to aid depends on enrollment in centralized biometric systems, any breach, misuse, or repurposing of that data can have severe, life‑altering consequences for people who have no realistic way to opt out. Investigations into surveillance‑tech firms complicit in abuses in MENA show that vendors profit from supplying biometric and surveillance tools for migration management and internal security, even when those tools are used in discriminatory or abusive ways.​

Like elsewhere, mass surveillance technologies in MENA were first piloted on people who were already criminalized or made vulnerable by poverty. But their use quickly expanded from narrow, security‑framed deployments to routine use in city streets. As hardware sensors, cameras, and data storage got cheaper, “smart city” surveillance systems promised seamless security and services, and it became easier and less politically contentious to keep these systems running everywhere, all the time.​

Unlike targeted hacking tools, these broad, city‑wide surveillance infrastructures erase any practical line between people under investigation and the broad public, normalizing bulk, indiscriminate monitoring of public space and everyday movement. In the Gulf, facial recognition and dense sensor networks are increasingly built into high‑profile “smart city” and mega‑project plans that lean heavily on biometric and AI‑driven monitoring. These are security‑first development projects where biometric and sensor infrastructures are designed from the outset to embed policing, migration control, and commercial tracking into the urban fabric. In this vision of the Gulf’s “smart city” future—often sold as seamless services and digital opportunity—“smart” is the branding, and pervasive monitoring is the operating principle.​​

EFF has consistently opposed government use of face recognition and biometric surveillance, in some instances calling for outright bans. In contexts that treat peaceful dissent as a security threat, embedding biometric surveillance into everyday infrastructure locks in a balance of power that favors militarized policing and state control. That infrastructure is now the starting point for a new set of risks. Surveillance systems built over the last decade are being repackaged as the foundation for a new generation of “AI‑enabled” defense and security products. 

Companies that once focused on video management or perimeter security now advertise “defense applications” for AI‑driven situational awareness and threat detection, using computer‑vision models to scan camera feeds, compare against existing watchlists, and flag “suspicious” people or behaviors in real time. Drone and sensor platforms are being upgraded with embedded AI that tracks and classifies targets autonomously and with “drone‑based AI threat detection and intelligent situational awareness,” turning aerial surveillance into a continuous data feed for security agencies and militaries. In smart‑city and defense expos from the Gulf to Europe and North America, similar systems are marketed as neutral efficiency upgrades or tools to “protect critical infrastructure,” even where they are explicitly designed to scale up border enforcement, protest surveillance, and internal security operations.

As these systems are folded into AI‑driven defense products, the line between “civilian” infrastructure and militarized surveillance disappears, turning streets, borders, and aid sites into continuous input for security operations. That is the landscape that human rights and accountability efforts now have to confront.

Templates of Control, Networks of Resistance

The patterns established in heavily securitized MENA states after the Arab Spring now shape how states monitor and crush more recent uprisings, from Iran’s use of location data and facial recognition to track down protesters to long‑running crackdowns elsewhere in the region. This model of “digital authoritarianism” built on spyware, data‑hungry ID systems, platform control, and emergency‑style security laws has emerged everywhere from Latin America to Eastern Europe to here in the United States. As the new UN Cybercrime Convention moves toward implementation, its broad offences and surveillance powers risk turning this ad hoc toolkit into a formal template for cross‑border data‑sharing, repression, and an all‑purpose global surveillance instrument.

For people on the ground, none of this is theoretical. Human‑rights defenders, journalists, and ordinary users across the region face arrest, long prison sentences, and exile based on their digital traces. In that context, commercial spyware is not a marginal issue but part of the core machinery of repression. Pegasus has been used to hack journalists’ phones through zero‑click exploits and compromise human‑rights defenders and watchdog organizations themselves, including staff at Amnesty’s Pegasus Project partners and Human Rights Watch. These deployments give practical effect to the “cybercrime” and “terrorism” frameworks described earlier: person‑by‑person campaigns against particular communities, contacts, and networks, rather than “neutral,” generalized security measures.

Under these conditions, everyday security becomes a second job. People describe carrying multiple phones, keeping one for relatively “clean” uses and others for riskier conversations, splitting identities across platforms, using coded language, and moving their organizing off mainstream services when possible. Pushing this burden onto users is a political choice: states, platforms, and vendors could build systems that are safe by design; instead, they externalize risk to the people they watch and punish.

Even against that backdrop, civil society organizations have refused to capitulate to security agencies and vendors. Regional coalitions have demanded strict export controls and outright bans on selling intrusive surveillance tech to autocratic governments. Advocates have also pushed companies to do more than box‑ticking “due diligence.” Work with surveillance‑tech firms in the context of migration and border control has repeatedly shown that most are still far from serious human‑rights assessments, let alone willing to turn down these lucrative contracts.

Many of the same governments that have been critical of others on the issue of human rights have hosted or licensed companies that build these tools, in some cases buying similar capabilities for their own security agencies. European authorities, for instance, have investigated FinFisher’s export of spyware “made in Germany” to Turkey and other non‑EU governments. Meanwhile, the NSO Group has at least 22 Pegasus contracts with security and law‑enforcement agencies in 12 EU countries. This is a transnational industry, not a localized problem.

Against near impossible odds, people continue finding pathways to freedom. The global surveillance sector reinforces the same hierarchies and violence that people have found ways to survive for generations. Queer activists and others at the sharpest edges of this system have had to develop their own forms of resistance, including against biometric and data‑driven targeting. Encryption, circumvention tools, and security training are not silver bullets, but they remain essential for anyone trying to organize, document abuses, or simply exist online with a bit less risk. Resources like EFF’s Surveillance Self‑Defense are one piece of that ecosystem, alongside trainers and groups who have been doing this work on the ground for years.​

Defending the Future of Digital Dissent

The Arab Spring is often remembered through images of packed squares and hopeful tweets. But contending with its aftermath means confronting the surveillance architecture built in its shadow: laws that turn online speech into a crime, spyware and biometric systems that turn phones and faces into tracking beacons, and platform practices that routinely sacrifice the people most at risk. None of that is inevitable, and none of it is confined to one part of the world.

Accountability has to reach both governments and the companies that profit from arming them with these tools. That means pushing for far stronger limits on how surveillance tech is built, sold, and deployed; demanding meaningful transparency when these systems are used; and defending the tools people rely on to communicate and organize safely, including robust encryption and secure channels. It also means taking direction from the people and communities who have been navigating and resisting this landscape for years.

Surveillance itself is transnational: tools, playbooks, and data moves across borders as easily as money. And so we, too, continue our work, documenting abuses, sharing security knowledge, and collectively organizing against these violent systems.

This is the third installment of a blog series reflecting on the global digital legacy of the 2011 Arab uprisings. Read the rest of the series here.

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