Deeplinks

When we give our private information to the government to pay taxes, apply for a job, or vote, we should be able to trust that our data won't later be used against us. But in a betrayal of that trust, the federal government has been pooling the information it has about us on an unprecedented scale—and using it for purposes we never agreed to.

EFF and other groups are fighting back. In our latest EFFector newsletter, we're talking about a recent victory in our lawsuit against the government for sharing federal workers' confidential personnel files with DOGE.

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For over 35 years, EFFector has been your guide to understanding the intersection of technology, civil liberties, and the law. This issue covers our free tracker blocker coming to Safari, a call to action for net neutrality in California, and a big win in our lawsuit against the DOGE data grab.

Prefer to listen in? EFFector is now available on all major podcast platforms. This time we're talking to EFF's F. Mario Trujillo about the dangers of government data grabs—and what defenders of privacy are doing to stop it. You can find the episode and subscribe on your podcast platform of choice:

Want to protect your right to digital privacy? Sign up for EFF's EFFector newsletter for updates, ways to take action, and new merch drops. You can also fuel the fight for privacy and free speech online when you support EFF today!

Everyone knows, or should, that perfect (balanced, targeted, transparent, swift and swiftly appealable) content moderation at scale is impossible. That doesn’t mean powerful social platforms don’t have to try to get at least reasonably close, especially when access to good information can have a profound effect on political participation and speech.

That’s why so many people, including the Meta Oversight Board, criticized Meta for suspending a major political Instagram account for hours during a huge early voting push on October 17; and for allegedly boosting one candidate in Brazil’s recent presidential election. Meta denies deliberate interference in either instance, blaming “mistakes” in its automated content moderation systems (including AI tools that can’t tell the difference between enthusiastic follower engagement and a bot attack).

Mistakes or not, with early voting in the U.S. midterms already underway, these events serve as a stark reminder that all major social media platforms need to have stronger systems in place to ensure that they serve, rather than impede, democratic communication.

Access to good information can have a profound effect on political participation and speech.

This is not inherently an “AI” problem: automated systems can process content at a scale that humans never could, potentially enabling better moderation at scale and alleviating the psychological load on ill-paid moderators whose jobs require them to view incredibly disturbing content. But automated systems also reproduce existing biases, struggle to understand context, and often make mistakes that disproportionately affect journalists, activists, artists, and other vulnerable and marginalized communities. And moderation errors are even more likely when the language is spoken principally by the global majority. In 2020, leaked documents showed that Meta’s algorithms incorrectly deleted nonviolent Arabic-language content 77 percent of the time, while failing to detect hate speech under the company’s own policies in many instances. Where these systems are faltering in Arabic, they’re positively failing in less-resourced languages. As a 2025 report from the Center for Democracy and Technology found, labeled datasets in certain languages and dialects such as Maghrebi Arabic and Kiswahili contain inconsistencies, bias, and inaccuracies due to the limited hiring of annotators who actually speak the languages as well as shifts in the languages themselves. An investigation into ChatGPT’s outputs in several low-resource languages demonstrates the depth of problem.

But language disparities are just one of several concerns as automated moderation becomes more widespread. From the systemic suppression of content from Palestine to the repeated misclassification of LGBTQ+ content as adult or explicit material, these varied examples demonstrate the risks of overreliance on automated moderation—and the need for stronger safeguards.

Fortunately, there is a great deal companies, policymakers, and civil society can do to help ensure that highly automated systems operate in ways that respect human rights, minimize predictable harms, and provide meaningful accountability when they fail. If companies are going to continue relying on automation to moderate users’ speech—and there is little reason to believe they won’t—then accountability must evolve alongside these technologies.

That work should start with publicly committing to the Santa Clara Principles 2.0. Specifically:

These recommendations understand that automated content moderation isn’t just a technical problem for clever engineers and product teams to solve. Because content moderation shapes public discourse and fundamental rights, its design and oversight must respond to the concerns of policymakers, civil society, independent researchers, and the communities most affected by these systems.

One other distinct and enduring problem makes transparency, checks, and accountability all the more urgent: too few companies have far too much power over our political communication and organizing. Social media gave people the ability to wrest some control over political messaging away from media oligopolies. But we’ve met the new boss and while it’s not the same as the old boss, the song is pretty familiar. The real promise of the web to democratize communication is not likely to be met by social media oligarchs, no matter how sophisticated their content moderation practice.

New records obtained by EFF expose additional issues with Medicare’s AI-driven prior authorization program and show why we need stronger legal limits around government use of automated decision-making. 

EFF sued the government back in March for information about the Wasteful and Inappropriate Service Reduction (WISeR) model, a new Medicare program that uses AI to evaluate prior authorization requests for certain medical services. We previously released records showing that WISeR has resulted in delays and denials of care, operational chaos, and reports of patient harm. Today, we’re publishing over 800 new pages of records, including:

Documents obtained through EFF’s lawsuit are available here.

These newly released documents show that the WISeR rollout was rushed and rocky from the start, highlighting the dangers that arise when governments treat AI like a silver bullet for complex problems. The documents also highlight the need for more transparency about safeguards against inappropriate, AI-driven denials. The public still lacks the information needed to assess whether clinician review is providing meaningful oversight of AI systems and whether appropriate data is being used to evaluate prior authorization requests. 

EFF has long argued that AI has no place in consequential government decisions about peoples’ rights or access to benefits, such as immigration enforcement and policing decisions. That’s because using automated decision-making in these contexts risks decisions that violate people’s rights or deprive them of benefits they’re entitled to based on biased or inappropriate considerations and without proper due process or accountability if there is an error. 

By outsourcing decision-making to private AI companies without sufficient transparency, testing, or legal limits, WISeR jeopardizes seniors’ access to medical care. Congress should step in to place greater legal limits on the use of automated decision-making in Medicare. 

CMS launched the WISeR program just six months after announcing it, ignoring calls from medical providers to delay its rollout. In records previously released by EFF, CMS acknowledged this “extremely condensed timeline.” 

New records suggest that WISeR’s unusually rapid rollout contributed to widespread problems in the first few months of the program. CMS did not disclose the extent of these issues to the public, even as agency employees privately contacted vendors about potential noncompliance with program requirements. 

In the first three months of the program, CMS sent RFIs or requests for CAPs to at least four of the six WISeR vendors. These requests, which describe delays, technical failures, and a lack of communication with providers, suggest that widespread problems during the program’s rollout were not limited to one vendor or state. 

These letters underscore the severity of the problems with the program. For example, CMS requested information from one vendor, Virtix, about numerous reported issues, including “determination turnaround times that exceed established guidelines,” “denials that appear inaccurate or inconsistent with applicable criteria,” and “inadequate customer service.” CMS’s RFI to Zyter–a vendor that uses Palantir software infrastructure–observed that the agency had received reports that “Zyter is not issuing determination letters in a timely manner” and communications indicating that it “may lack adequate processes for responding to and escalating provider/supplier concerns.” The vendor Innovaccer received two CAP requests and a “Performance Notice of Non-Compliance” over its failure to implement a fully functional portal for WISeR providers and suppliers.

Excerpts from CMS’ letters to vendors describe problems during WISeR’s rollout:

Vendors’ responses to CMS provide further evidence that WISeR’s rushed rollout contributed to its problems. Innovaccer claimed it warned CMS months in advance that it might not be ready to provide full portal functionality by the launch date, even before signing a Participation Agreement. Another vendor claimed that “technical and workflow stabilization challenges were encountered due to the compressed implementation timeframe” it faced after joining the WISeR program a month after the other vendors. 

Excerpt from Innovaccer’s Proposed CAP, January 16, 2026

The issues reflected in CMS’s letters to vendors, and the vendors’ responses, illustrate the risks of deploying automated decision-making systems without proper testing or safeguards. While vendors’ responses describe fixes for the problems CMS identified, after-the-fact remedies cannot undo the harms that patients and providers already experienced during WISeR’s rushed rollout. 

The public still knows far too little about any safeguards that WISeR vendors may have adopted—in part because the government chose to conceal some of this information. Transparency about these safeguards is critical to protecting patients, especially because WISeR’s payment structure gives vendors, as the government put it, “an incentive to deny as many claims as possible.” 

The public has limited means to evaluate the effectiveness of even the safeguards that weren’t redacted from records released to EFF. For example, one vendor’s application touts safeguards like “Human-in-the-loop (HITL) workflows,” “Continuous model monitoring,” and “Transparent audit trails.” Yet it remains unclear whether these measures effectively prevent improper prior authorization denials. Some evidence suggests they may not: the company denied more requests than it approved in the first few months of the program, and CMS inquired about “denials that appear inaccurate or inconsistent with applicable criteria.”

Ultimately, the records obtained by EFF raise more questions than they answer about the safeguards used by WISeR vendors. 

CMS has emphasized having a human in the loop as a key safeguard against inappropriate, AI-driven denials. The WISeR FAQ page on the CMS website states that “Non-affirmations will require the review of a human clinician and cannot be performed solely by technology.” But whether human review provides any meaningful protection depends on the details of its implementation, such as whether human reviewers have enough time to evaluate requests and practical authority to override AI recommendations. We still lack many of those details for WISeR vendors. 

A growing body of scholarship points to the substantial limitations of “human in the loop” policies as guardrails for AI systems. AI-generated recommendations can unduly influence human decisions, leading reviewers to over-rely on automated judgements and rubber stamp them as correct. Even worse, at least one health insurance company actively pressured clinical reviewers to accept its AI systems’ recommendations. Another company built a system that allowed clinical reviewers to reject claims without opening patient files; clinical reviewers using this system spent an average of just 1.2 seconds on each case.

Some WISeR vendors’ applications offer general descriptions of the types of data informing their decisions. But far more details are needed to allow medical professionals to assess whether the data inputs to these AI systems are appropriate for evaluating prior authorization requests. 

Inappropriate training data or input data can lead to biased, unfair, or inaccurate decisions. CMS guidance for Medicare Advantage organizations using AI to make coverage decisions emphasizes the importance of basing decisions on individual patients’ circumstances. It cautions against using “an algorithm that determines coverage based on a larger data set instead of the individual patient's medical history, the physician’s recommendations, or clinical notes.” 

WISeR vendors’ applications reference data sources like “provider behavior,” “patient demographics,” “utilization management datasets,” “provider and payer performance metrics,” and “historical claims data.” Whether these sources could introduce bias or give too much weight to population-level patterns depends on how vendors use them to inform individual decisions. But we don’t yet have these important details about vendors’ data and algorithms. By outsourcing decision-making to private companies’ AI systems, the government has made it harder for the public to evaluate whether decisions are being made fairly.

As the government expands its use of automated decision-making, the potential for consequential mistakes increases rapidly. The records we’ve obtained so far raise questions about the rushed rollout and lack of guardrails for automated decision-making by the U.S. government. EFF urges transparency, oversight, and legal limits to protect people from the harms of automated decision-making in high risk systems.  

A nonprofit service that protects internet users’ privacy is leaving France. Quad9, a free DNS resolver, has said it will reluctantly stop serving users in France on November 24. This follows a French court order that Quad9 must block access to websites that are accused of infringing the copyrights of a sports broadcaster. Forcing a responsible privacy service out of an important market is a predictable result of trying to force infrastructure providers to be copyright police.

When you visit a website, a DNS resolver reads the domain name you type in—like eff.org— and translates it into a numerical IP address that’s used to direct data across the internet. A DNS resolver can see the names of websites you connect to, so its privacy policies are important. Quad9 is an NGO that’s incorporated in Switzerland, in part to protect its users from data demands. The company also helps protect users from malware and phishing by blocking domains that are known to be malicious. Services like Quad9 offer an alternative to the DNS resolvers of local internet service providers and wireless carriers, which are vulnerable to demands from law enforcement, censorship, and commercial surveillance.

In a blog post explaining its decision, Quad9 explains that the French court’s order forces it to make a decision that, either way, is bad for users. It could either “extend French law to the whole world (blocking globally)” or try to identify and block users only in France—something that it can’t do reliably, and a move that could leave the company facing massive fines if it fails to block websites perfectly within France. Quad9 says it is facing about 20 other lawsuits in France seeking similar blocking orders. 

Rather than accept these demands, Quad9 has decided to withdraw its service from France. That is a real loss for French users who rely on the service to protect their privacy and security. It is also the right thing to do, when faced with the alternative: making promises it can’t keep, or abandoning users’ rights worldwide. 

Quad9’s decision will not remove any allegedly infringing material from the internet. The organization doesn’t host websites. Users looking for particular websites can  easily switch to another DNS resolver. So the material targeted by copyright holders will remain online and accessible, even while they drive a privacy-protecting service out of France. 

These events matter beyond the borders of France, and U.S. lawmakers should pay attention. Congress is considering multiple site-blocking proposals, which would require ISPs and other intermediaries, including DNS resolvers, to block access to websites in the name of protecting copyright. These bills threaten speech and our ability to access information online, and they are invitations to abuse. The Quad9 withdrawal shows another cost: if internet services get forced into being copyright cops, users can lose services that they rely on for privacy and security. 

Worse still, if neutral services like Quad9 are forced to build site-blocking systems for the benefit of copyright holders, it becomes far easier for other powerful interests, including repressive governments, to demand the same systems be used to censor speech they dislike, globally. 

Congress should reject site-blocking bills. They’re a threat to the open internet, and don’t help creators or creativity. 

Last week, researchers at Citizen Lab revealed a horrifying new malware campaign, dubbed “AdFection.” It used an ad network to distribute spyware to journalist’s devices to infect them without the target ever needing to click anything. This sort of attack on journalists is dangerous and incredibly concerning, especially since it’s built on the backbone of a technology we already object to: behavioral advertising. Although this type of attack has only been described targeting journalists, you can take a few steps we outline in the next section to mitigate the risk no matter who you are.

A few factors combined to make this attack a noteworthy first-of-its-kind. First, it utilized the surveillance ad-tech ecosystem to specially target the malicious code. Second, the spyware it delivered was so-called “zero-click,” meaning it required no interaction from the user to be infected: all that is required is for the ad to be delivered and code bundled along with it to be run, which happens automatically. Neither malvertising nor zero-click attacks are new on their own. What’s novel about the AdFection attack is combining them, creating a highly targeted, extremely dangerous attack which is difficult to defend against and even harder to detect.

Let’s take a deeper look from the perspective of one of the Windows devices supplied to the researchers from Al Jazeera. Here’s how the report describes the infection happening: 

So far, nothing particularly unusual has happened. Ads that contain JavaScript code and reach back out to their servers with lots of information on your device—and by extension you—are commonplace. It’s all part of the data-driven advertising ecosystem. What happens next is more interesting:

Companies targeting zero-click malware attacks against journalists might seem like the plot of a blockbuster spy thriller. But this attack was enabled by the everyday practices of ad-tech companies, which unfortunately have extreme latitude in the collection of users’ data. By leveraging the tracking identifiers and data collected on devices for the purpose of delivering targeted ads to specific individuals, mercenary spyware companies can repurpose this data in order to fine-tune who they infect—and hide that they’re doing it from everyone else. 

Most ads are not delivered directly by the ad creators, but rather by intermediaries that facilitate Real-Time Bidding auctions. Nonetheless, winning bidders are given the ability to execute JavaScript code in the browser of the person who receives the targeted ad. This allows for interactive ads to be displayed, but also (as we’ve seen) for the compromise of a device just by delivery of malicious code.

While the different components in this attack chain are not novel on their own, the exposure of this combined attack is significant because it reveals a technique to hyper-target individuals and organizations for infection. Luckily, there are steps you can take to protect yourself from the myriad of dangers presented by the ad-tracking industry. Here’s how.

As we work towards fundamental fixes to the ad ecosystem and banning online behavioral ads altogether, the onus is on all of us to protect ourselves. This is especially important for higher risk individuals or journalists working in states with heavy surveillance. Citizen Lab outlines several steps, depending on your threat model, to take to help protect yourself:

These steps can be very helpful in protecting yourself, but there is only so much you can do as an individual. Banning behavioral ads like this would be a good place to start. Behavioral ads aren’t just a privacy nightmare as designed. They are the perfect vehicle for malvertising and similar threats, just as we see here.

The vast amount of information on the open web requires researchers and journalists to adapt with new tools to make sense of it all. Checking facts, gauging public opinion, and other lines of inquiry depend on being able to analyze the overwhelming amount of material posted online every day. Unfortunately, responding to the AI industry’s voracious appetite for data, companies stewarding this public data are looking to cash in and block access to the open web. This makes the web harder to navigate, and threatens all kinds of important research.

Reddit’s lawsuit against SerpAPI[1] and Perplexity threatens to do exactly that.

Reddit was once a very open platform, fostering a community of alternative apps and extensions putting users in control of their experience. Since the rise of AI however, it changed tack. Over the last three years Reddit has closed APIs to users, limited UI features, and otherwise restrained access without login. By making the voices on the platform harder to access, the company has positioned itself as a gatekeeper, and has since struck a lucrative data-sharing arrangement with Google.

SerpAPI, in contrast, is a tool which offers automated access to Google’s search engine results pages. It’s used by Perplexity, an AI-based search tool. Reddit sued to stop SerpAPI and Perplexity from bypassing Reddit’s own arrangement with Google. (Google brought a similar suit, which was dismissed by another court.)

It comes as little surprise that the legal weapon Reddit employed in this case is Section 1201 of the Digital Millennium Copyright Act, the same “anti-circumvention” law that has caused so much trouble for artists, innovators, and researchers over the years—and that EFF has fought against from the beginning. Reddit’s suit claimed that SerpAPI’s use of widely used techniques to access Google search results amounted to “circumventing” access controls on copyrighted works. 

There are major problems with this argument. 

First, Reddit doesn’t own the copyright in its users’ posts—the users do, and they grant Reddit the right to distribute the posted content freely.

Second, there’s no meaningful copyright infringement going on here. Perplexity functions like a search engine, responding to users’ queries with relevant links and optionally an AI-generated summary. Crawling and indexing the web to create a search engine was long ago ruled a fair use under copyright law.

And third, Google’s efforts to put rate limits on search queries and block some kinds of automated querying aren’t the sort of “access controls” that Section 1201 was written for. The law was passed in 1998 and targeted things like breaking the encryption on DVDs and other digital media. In contrast to physical or paywalled media, Reddit posts are visible to everyone, without a paywall and generally without a login. 

Unfortunately, a federal district judge ruled in July that the suit could proceed, concluding that Section 1201 applied. That’s a dangerous ruling, because it casts a cloud of legal uncertainty over lots of important research, including efforts to study public sentiment through social media and to preserve records of historical events. Without tools that can look at the web at scale, many kinds of research are simply impossible today. But if employing those tools risks Section 1201 liability, only the wealthiest institutions will be able to use them.

We cannot let the internet be rebuilt such that information is divided up among a handful of gatekeepers and sold back to us like cable subscription packages. If our knowledge of the online world comes only through wealthy institutions, the cost of knowledge will only increase and access to unbiased answers diminishes. 

[1] SerpAPI is an EFF donor. EFF donors do not influence our agenda or our positions.

If you use the internet at all, you may have noticed that a large percentage of sites suddenly went down earlier this week—and all your nerdiest friends were talking about "The Vulnerability Apocalypse” and this thing called PHP that powers nearly 70% of the websites on the internet. You may find yourself wondering: what is PHP, what just happened, what is the vulnerability apocalypse, and what do I need to do?  

To find out what you can personally do read the first blog post in this series!  

PHP is a programming language used mainly to create interactive websites. Facebook, Wordpress, Wikipedia, Etsy, and other major sites all use or were originally built on PHP. It is a long-established mainstay of web development. But because it is open-source, maintenance of these critical systems depends on a small number of volunteers working on this in their free time. The disaster scenario that happened this past week is the perfect example of why we need more money and people supporting open-source projects. Corporations should be contributing both. 

Common Vulnerabilities and Exposures (CVEs) are the way that security professionals file reports about vulnerabilities in software. The National Vulnerability Database (NVD), run by NIST, is the official national database of CVEs. In other words, CVE reports managed by NIST are the closest thing we have to a canonical database of security vulnerabilities in software. The NVD currently has around 400,000 CVEs that have been filed and accepted since 1988. In just the month of October, 13,000 new CVEs have been submitted. This means that 3% of critical software security bugs that have ever been officially logged were found in the last month alone. And it's likely that by the end of the year over a quarter of the software vulnerabilities that have ever been found will be from 2026.  

Computer vulnerabilities reported are rising exponentially. Source: CVE Tracker

This research is being driven almost entirely by the cybersecurity capabilities of major AI models from companies like Anthropic, OpenAI, and Google. Historically it has been popularly assumed by cybersecurity experts that finding unknown (zero-day) exploits in any specific project and turning them into exploits was expensive. The knowledge to discover them was not widespread, and it was a hard task even for those initiated into the arcane ways of vulnerability hunting. Google even dedicated an entire team to it.  

But now thanks to major AI models, vulnerabilities are cheap, and anyone of moderate technical skill with a few dollars and access to a frontier AI model can find vulnerabilities in a few minutes. For example, recent vulnerabilities in PHP were found with a prompt to an AI model that literally said "find bad vulnerabilities in PHP."  

In 2024, a potentially severe vulnerability in PHP was discovered during an external security audit. PHP’s maintainers couldn’t agree on a solution, but more importantly, they couldn’t find a way to exploit the vulnerability. Because it didn’t seem like an active threat, they ended up deprioritizing a fix in favor of working on more urgent security issues. Then, in August 2026, security researchers working with the latest models from OpenAI and Anthropic independently discovered the vulnerability again, and another one—and now, with a way to exploit them.  

We now know that the vulnerabilities were so severe that they would have allowed even moderately inventive hackers to take over any website that uses PHP and then steal customer data, launch further malware attacks, spy on users, take websites offline, or launch a massive denial of service attack.[1] 

Because of the severity of these vulnerabilities, several of the involved researchers got together with the makers of PHP to patch the vulnerabilities and disclose them in a coordinated manner. The idea was that hopefully everyone would get a chance to quietly release and then apply fixes for the vulnerabilities before the whole world found out about it. 

But news already started to leak on October 20th. There was a post on a widely read forum “Hacker News” and other posts elsewhere. One of the researchers accidentally published a video early. Companies reported seeing active exploitation of the vulnerabilities going back as far as October 17th. On October 21st, six hours before the planned press embargo, one company, Chainguard, jumped the gun and released a patch early, essentially giving anyone instructions about exactly where to find the vulnerabilities and how to weaponize them. This sent system administrators everywhere scrambling to patch their systems before they were taken over by hackers. And it’s going to take a long time to patch all these systems. At the time of this writing over 33 million websites are still running on vulnerable versions of PHP.  

The internet is run largely on open-source software, mostly maintained by a small handful of skilled volunteers occasionally getting a small stipend, not by major corporations and highly paid engineers. These are projects you have perhaps never heard of, like PHP, OpenSSL, and SQLite, but these programs run on nearly every computer in the world and are maintained by teams as small as one person. When a vulnerability is found in these projects, it can be devastating.  

PHP isn’t the only critical open-source software with a high severity vulnerability this week either. Other widespread open-source projects like Node.js and GitLab also had severe security bugs reported.  

The small number of already overworked open-source maintainers are now facing a deluge of vulnerability reports, some of which are false, but many of which are very real. Burnout in open source has never been higher.  

Much of the foundation for the modern multibillion-dollar internet industry is built on open-source products that were created and still maintained—for free—by dedicated volunteers in their spare time. It’s an imperfect system, and it can lead to errors.  

One of those critical, under resourced open-source products is PHP. And while vulnerabilities in PHP were privately found years ago, they were left unfixed because they didn’t seem as impactful as other bugs at the time. These same vulnerabilities were recently rediscovered and proved to be trivially exploitable by security researchers using advanced AI models. While in the middle of the widespread, global effort to correct this mistake and deploy fixes, the problem was leaked by some of the security researchers who had gotten early access to the fixes. Unfortunately, this left millions of websites, ranging from personal blogs to government sites, vulnerable to hacking that could result in data theft, malware distribution, and worse.  

Open-source projects like PHP and others are the backbone of the entire internet. If they don’t get the resources they need, they and the internet they power, are at risk of falling apart. Corporations (whose products would not exist without these products) should be actively contributing to their maintenance. 

1. A technical analysis of the vulnerabilities is out of scope for this post and has already been written by the original researchers.

It is a commonly held truth among computer geeks that there is no such thing as bug-free software, or a secure computer. Any piece of software that anyone actually uses will have a security vulnerability somewhere in the code. The more complex that software is, the more likely there will be a vulnerability. Fortunately for everyone, finding severe vulnerabilities was generally considered an expensive and difficult task requiring years of training and deep knowledge of how computers and software worked. Until recently there was a steady background hum of vulnerabilities being found and patched, with major vulnerabilities that could cripple the entire internet only happening every few years. Now that is no longer the case.  

You may have noticed your nerdiest friends freaking out about the “Vulnerability Apocalypse” this week and waving their arms in panic about something called PHP. You may have also noticed that some of your favorite websites were down for a bit. In the last two weeks of October alone, there have been multiple, potentially internet-breaking vulnerabilities reported and patched. Many of those vulnerabilities were in the open-source software that is the foundation of the vast majority of the internet.

For more detailed information on what happened, and why supporting open-source projects matters, check out our other blog.

This is all because frontier AI models, such as those created by OpenAI, Anthropic, and others, have made it incredibly cheap and easy to find previously unknown vulnerabilities (zero-days) in open- and closed-source code. Three percent of all software vulnerabilities ever found in history were found just in the month of October. This year alone researchers have found nearly a quarter of all software security issues which have ever been discovered. 

If exploiting critical software is now cheaper and easier than ever, what does that mean for us as individuals and what does that mean for society as a whole? TL; DR: It’s going to get worse before it gets better. But you can protect yourself with basic digital security hygiene that is now more important than ever.  

There absolutely needs to be a bigger conversation about how we got here and how to fix the systemic issues involved, including how corporations that depend on open-source code should contribute to their upkeep, and how big tech should be regulated.  

But for now, this news is a compelling reason to tighten up your digital hygiene. A lot of computers are going to get hacked a lot more often, and unfortunately, it isn’t going to get better any time soon. Thankfully, EFF has compiled a comprehensive set of security advice in our Surveillance Self-Defense guides. To start, we recommend making sure your browser and all applications are always up to date with the latest patches.   

You should also consider installing a tracker blocking tool, like EFF’s Privacy Badger (now on Safari), and remain vigilant for phishing attempts. Additionally, install a password manager and use unique passwords for each website, so that if one site is compromised, the rest of your passwords are safe. You should also be aware that data breaches may now be more likely, and the websites you visit may experience more attacks than usual, which means that some services may be disrupted.  

If you host a blog or other website, make sure that either you or your hosting provider has patched this particular issue.  

For additional tips on protecting yourself and others, head over to our Surveillance Self-Defense site. Additionally, if you’d like to support any of EFF’s open-source projects like Privacy Badger, Rayhunter, and Certbot, visit our donate page. 

Last week, two federal appeals courts issued opinions that will allow Florida and Georgia to start enforcing laws that will age-gate and block young people from accessing social media. The laws do not adequately respect minors’ rights to play, speak, and learn online. More fundamentally, these laws don’t help young people stay safe online—a goal that lawmakers should pursue.

Age-Gated? Email EFF at [email protected]. 

Because of the new laws, some young people will lose their ability to access lawful information, find their online communities, and even engage with school board members. Others will need parental permission to stay online. And adults will face increased demands to prove their age, which will put their privacy at increased risk simply to continue to use the services they already use. 

We opposed these laws because they threaten the free expression and privacy of both minors and adults.  Even though these lawsuits are not over, the injunctions that paused enforcement have been lifted, and the states of Florida and Georgia will now be able to enforce broad restrictions on social media use. 

The restrictions that these states will start enforcing are a setback for the rights of all internet users, but they are not written in stone. That’s why EFF is encouraging internet users - and particularly young people – to start keeping a record of how they are affected. If you are a teenager who loses access to an online discussion, can’t participate in a political campaign, or stop seeking information because you don’t want to upload personal information, document what happened. The same is true for adults who may be mistakenly blocked by age checks, and parents who may encounter obstacles to authorizing their children's use of online services. These experiences matter. They can help us show courts, policymakers, and the public what government restrictions on online expression actually cost the people who live under them. 

Hopefully, with enough proof of the expressive harms these laws cause, we can push lawmakers to rescind them. That’s why we’re encouraging folks to reach out to EFF once they’ve documented these harms. You can write to us about this issue at the email address [email protected]. 

These two opinions, issued by the same panel from the U.S. Court of Appeals for the 11th Circuit, allow Florida and Georgia to enforce restrictions on social media accounts for people under 16 years old. The requirements differ by state. 

In Florida, the judges allowed that state’s H.B. 3 to move forward, which requires covered platforms to ban anyone under 14 from opening or keeping accounts—even with parental permission. Teenagers who are 14 or 15 can have accounts only with parental consent. To be covered, a platform has to use algorithms, allow content uploads or the viewing of other peoples’ content, and have at least one feature on a list of features the state considers bad, including livestreaming, engagement metrics, autoplay, infinite scrolling, or push notifications. These requirements effectively apply to every major social media service that young people use.

To the extent there is a silver lining in the ruling on Florida’s law, it’s that the panel recognized that H.B. 3 targets expression protected by the First Amendment. The problem is that the ruling uncritically accepts the idea that a social media service is addictive in a clinical sense, even if just 10% of users under 16 are using the platform for two or more hours per day (the standard set in H.B. 3). The court simply accepts that time spent online is a proxy for harm. The bill doesn’t distinguish doomscrolling or compulsive use from organizing a campaign, making art, or talking with friends. 

In Georgia, S.B. 351 can now be enforced. That law requires parental consent for anyone under 16 to hold an account on social media platforms. It also requires platforms to make “commercially reasonable efforts” to check users’ ages, which creates a hurdle for adults as well as under-16s. 

The ruling acknowledges that S.B. 351 “overwhelmingly applies to platforms that overwhelmingly host protected speech.” But the ruling faults the plaintiffs for not being able to show that “invalid applications substantially outweigh the valid ones.” That asks the groups challenging the law to meet a virtually impossible standard—to make their case, they would have to measure and evaluate the content hosted by all online services affected by the law. 

Both of these cases may be further appealed, and are likely to continue in the lower courts. But people in Georgia and Florida can no longer count on court injunctions to protect their access to the web. What the effects will be going forward depends on how platforms implement these new restrictions, including how they check ages and parental consent, as well as state officials’ views on these efforts. 

If you hit an age-gate while online, check out our blog post about how you might want to proceed, and our age-gating resource hub. If you want to speak out about your experience, you can talk to us at [email protected].

Some youth who lose their social media accounts will lose contact with friends. Others will lose access to a support group, the ability to speak out on current issues, or an audience for their artwork. More young people will be shut out of discussions about what’s going on in their school and their community. U.S. law has long recognized that people under 18 have their own rights to speak and receive information. These new laws interfere with those rights. 

The Florida opinion suggests that young people can browse the internet without an account, or use a parent’s account. But that doesn’t help those who might participate in a private group, send a personal message, or speak to an audience they have built up. Nor does it recognize the reality that in many households, young people may not have the ability to use a parent’s device, or even have healthy relationships with their parents. For parents of children under 14, the Florida law also overrides parental autonomy—even if parents wanted to allow their child on these services, they cannot do so by law. 

These laws won’t just harm younger kids. Adults and older teens will bear the cost of the new rules. In order to figure out who is young enough to not be able to join, or who needs parental consent to join, services will have to check users’ ages. That likely means asking people to submit ID or other sensitive information. Some people will be mis-classified as too young; others will decide that they’d simply rather stop participating instead of handing over even more personal data. 

Between the recent Meta settlement and these 11th Circuit decisions, despite widespread opposition, age-gating is becoming a reality for the American internet. As these laws are enforced, we need to understand what they mean for the people who have to deal with them. And we need to create a record of their effects on everyone’s speech so we can push to repeal them.

If you encounter a restriction due to these laws that affects you, keep a record, ideally while the details are still fresh in your mind. Screenshots, along with notes about the date and time, the service involved, and the task you were trying to accomplish, will all be helpful. 

Did you lose an account or can’t participate? Describe what you lost. Were you using a group to organize a club, volunteer in your community, or keep in touch with friends? Did losing your account cut you off from people you wouldn’t otherwise be able to be in touch with? Even if you just used the account to access local news or follow your favorite content creator, that’s still a significant loss of your right to access information online.

Record problems with age checks and parental consent. What information did the service request from you? Were you able to provide it? Did it reject your age proof, or classify you incorrectly? If you’re a parent, were you able to give permission, and what did you have to provide? What promises did the service make about what it did with the data it collected from you? Save explanations given by the platforms or any services they employ to age gate, including any law they cite. If you are to appeal a result and choose to, keep track of those attempts as well. 

You can also document choosing to drop out. If you abandon an account or service because you’re unwilling to provide ID or other personal data, write down what you gave up, and why. You don’t need to submit sensitive information to show that you are burdened by new rules. 

If these restrictions affect you, we encourage you to reach out to EFF by emailing [email protected] and telling us more about what happened. 

EFF will continue to oppose laws that prevent adults and minors from expressing themselves online, or that push people to give up their privacy to participate in the digital world. These recent court decisions are setbacks, but they don’t settle the debate. By keeping track of people who lose access, age-check failures, and the online conversations that can no longer happen, we’ll be in a better position to challenge the worst of these restrictions, in both legislatures and courts. 

And in the meantime, EFF will keep fighting for laws that actually make us safer online—like stopping social media companies’  harmful surveillance of all internet users. We’ll continue to push for laws that empower parents, children, and all internet users to have meaningful choice and control over their online services. Those goals can make everyone safer online, while preserving our ability to speak and access information. 

Canada’s Parliament is debating a massive expansion of surveillance powers that will threaten the privacy and security of millions of people. Bill C-22, also called the Lawful Access Act, has already passed the House of Commons, and is now before the Canadian Senate. 

Canadians still have an opportunity to speak out and stop this dangerous legislation. The Canadian Civil Liberties Association (CCLA) is urging all Canadians to sign its petition opposing the bill. (The petition on CCLA’s website is governed by CCLA’s privacy policy.) 

Take action

Tell the canadian senate to stop C-22

As we wrote earlier this year, Bill C-22 gives the government new powers to force digital services—including telecom companies, messaging apps, and more—to help with government surveillance. Worse, it allows Canada’s Minister of Public Safety to order companies to create a backdoor to their services for law enforcement, as long as it doesn’t lead to a “systemic vulnerability.” That’s a clear recipe for weakening the encryption we all rely on. 

It also requires services to retain metadata for up to a year, which reveals who people communicate with, where they go, and what services they use, even when they are not suspected of any crime. 

Researchers at CCLA and Citizen Lab published a detailed analysis of C-22 and its serious constitutional and cybersecurity problems. The analysis points out that the bill needs more than cosmetic changes—it calls for entirely withdrawing Part 2 of Bill C-22, the section that establishes the surveillance and data retention regime. 

Bill C-22 could also expand the sharing of Canadians’ personal data with foreign law enforcement, including the United States. Canada has been negotiating a cross-border data-sharing agreement with the U.S. that would allow American police to get information about Canadian internet users with limited safeguards and oversight. 

Some Canadian senators have already expressed concerns about the bill, and rightly suggested, as CCLA and Citizen Lab have, that it may not be compatible with privacy protections in the Canadian constitution. 

If you’re in Canada, read and sign CCLA’s petition opposing Bill C-22 today. Don’t let the Senate allow this dangerous expansion of government surveillance to become Canada’s new reality. 

Take action

Canadians: defend your privacy and security

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