Deeplinks

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.

“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. 

Update, June 8, 2026: Following widespread public scrutiny and WIRED’s critical reporting, Meta has stripped the unactivated facial recognition code from its latest Meta AI app update.

Meta has deployed facial recognition code to millions of their always-on surveillance glasses, according to new reporting by Wired. EFF’s Threat Lab was able to confirm that the facial recognition code is present through static analysis of the application. 

This dangerous new Meta functionality stores faceprints as a series of 2,048 numbers uniquely representing the positioning of a person’s facial features. When this feature is activated, it will convert every new face in the sightlines of the surveillance glasses into a series of numbers, and compare it to all the existing faceprints in the user’s database.

Wired and EFF confirmed that the code is present and active, though not yet exposed to consumers. Another researcher confirmed that when they manually added a face to the app database by connecting the phone to a computer in debug mode and issuing a few commands, the glasses would subsequently detect that face when it came into view. 

Meta has already paid $650 million to settle a BIPA lawsuit challenging mass facial recognition of every photo posted to its platform, a feature which it has since shut down. 

Despite the billions of reasons not to, Meta seems to have created the capacity to turn their customers into a distributed surveillance machine. This is just one more reason to think twice before buying or using Meta’s surveillance glasses. 

Considering that Meta previously wrote in an internal document that they want to launch facial recognition “during a dynamic political environment where many civil society groups that we would expect to attack us would have their resources focused on other concerns," this invasive new feature doesn't come as a surprise. But Meta's surveillance plans won't escape public scrutiny that easily, and we'll be watching if this feature is rolled out to the public. 

EFF is on the front lines of the fight against tech-enabled tyranny, but we aren't alone. Our team depends on your help to fight back against the surveillance state.

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People around the world are pushing back against the mass surveillance that undermines privacy and free expression for everyone. You can help during EFF's spring membership drive.

One of the people who joined the fight for digital rights is EFF client Will Freeman. Will created the website DeFlock.me to reveal the dangers of automated license plate readers (ALPRs)—cameras that collect location data on every vehicle they see and upload that to a massive nationwide police database. Deflock.me turns the tables by enlisting ordinary people to track the locations of tens of thousands of ALPR cameras.

But when the police spy-tech company Flock Safety went after Will's website with legal threats citing trademark law, he saw it for what it was: an attempt to silence critics and dim the light on mass surveillance.

The company will try everything it can to downplay the criticism, but EFF will be right there demanding accountability.

"I was totally unprepared to receive a cease & desist letter. I can see how most people would be bullied into submission by a threat like that. That's when I remembered Dave Maass from the EFF introduced himself via email several weeks before, so I reached out for help," Freeman says.

And that's when EFF stepped in. Recognizing DeFlock.me as a quintessential expression of grassroots advocacy and a form of criticism protected by the U.S. First Amendment, EFF's lawyers helped Will fight back. And the Big Surveillance Tech flinched.

But these battles against Flock's Spying tools rage on. In cities around the country, privacy advocates are pressuring officials to block or end contracts for ALPRs—and winning. The company will try everything it can to downplay the criticism, but EFF will be right there demanding accountability.

Get the new Claw Back member t-shirt featuring a fierce feline swatting at community surveillance. 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.

"I'm really grateful the EFF was able to step in and help. Without them, free speech would be only for those wealthy enough to defend themselves against billion dollar companies. We've grown a lot since then and are expanding our efforts to expose and push back against mass surveillance on our streets," Freeman says.

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EFF welcomes our new Executive Director Nicole Ozer today! 

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

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

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

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

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

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

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

Welcome Nicole! 

After public outrage, California lawmakers are moving closer to exempting open-source operating systems from the sweeping age-bracketing regime mandated by last year’s Digital Age Assurance Act (AB 1043). Nonetheless, the current bill still jeopardizes internet users’ speech, privacy, and security.

While the open source exemption, if passed, would improve the law, the remaining amendments proposed by AB 1856 would require all web browsers and websites to request and collect users’ ages. This is an expansion of last year's AB 1043's age-bracketing system that compounds its constitutional harms to users’ speech, privacy, and security. As AB 1856 moves on to the Senate, EFF will continue fighting for amendments that reduce those harms.

Last year, California passed AB 1043, which requires all operating systems and app stores to create age-bracketing systems that segment users based on their ages. As we’ve written, that regime is a recipe for censorship: it creates unnecessary and unconstitutional barriers to accessing lawful online speech, threatens our right to anonymity, and pressures online services to collect troves of valuable and sensitive user data. On top of that, A.B. 1043’s wide-sweeping compliance burdens impose disproportionate harms on the open-source ecosystem that underpins much of the modern web. 

Given these flaws, lawmakers introduced AB 1856 this year as a supposed “clean-up” bill for AB 1043. But instead of sticking to fixing AB 1043’s unique and serious harms (like its impact on open-source operating systems), AB 1856 also expanded the regime even further—extending its age-bracketing requirements beyond operating systems and app stores to browsers and websites. 

EFF opposed AB 1856 on two grounds, which we explained in our opposition letter to the Assembly: 

On May 28th, AB 1856 passed the Assembly in a nearly unanimous vote (68-1). 

Before that vote, however, AB 1856 was amended to relieve the compliance burden on open-source operating systems. This is a meaningful improvement and a welcome relief for open-source developers, who have been loud and clear about how much of an existential threat A.B. 1043’s age-gating mandate would pose.

The new exception reads:

“Operating system provider” does not mean a person or entity that distributes an operating system or application under license terms that permit a recipient to copy, redistribute, and modify the software.”

EFF understands this amendment to exempt open-source operating systems from the requirement to collect and transmit users’ age-bracket data. That is a definite win for open-source developers. The bill is narrower now than it was before, and lawmakers clearly responded to concerns raised by EFF and the broader open-source community. 

Some important questions still remain—for example, it is unclear how the law would apply when an open-source operating system is incorporated into a commercial product or service. And, given the structure of where the exemption is placed under the “operating system provider” definition, lawmakers could stand to clarify that the exemption applies to open-source operating systems and applications.

Nonetheless, that ambiguity aside, this amendment does substantially reduce the threat that AB 1043 could have on many open-source developers. 

Don’t get us wrong—if this bill passes, we will be very happy that AB 1043 does not pose nearly the amount of harm to our friends behind open-source operating systems. But even after these amendments, EFF remains opposed to AB 1856 because it ultimately expands California’s sweeping age-bracketing framework far beyond the original scope of AB 1043. 

In AB 1856 and its amendments, the Assembly failed to address the core problem with AB 1043’s age-bracketing regime: mandated age-gating systems threaten users’ speech, privacy, anonymity, and security. 

Even after these amendments, EFF remains opposed to AB 1856 because it ultimately expands California’s sweeping age-bracketing framework far beyond the original scope of AB 1043. 

Even though AB 1043 does not explicitly require companies to perform age verification, it nonetheless imposes a liability structure that strongly pressures companies to verify users’ ages anyway. In practice, that could lead to more ID checks, more biometric scanning, more invasive data collection and risk of breach, and more barriers to adults’ and young people’s lawful speech.

In fact, instead of narrowing AB 1043’s wide net, AB 1856 expanded it to add browser providers and website operators to the list of entities that must comply with its age-bracketing requirements. This dramatically broadens the scope of AB 1043 and pulls more services, developers, and users into an anonymity- and privacy-destroying data collection framework that has not yet been implemented or evaluated. The result would make it nearly impossible for regular internet users to avoid AB 1043’s age gates.

On those grounds, EFF will continue to oppose AB 1856. Though it has passed the Assembly, the fight is not over. As the bill moves through the Senate, we’ll continue to push for amendments that actually “clean up” and narrow the scope of AB 1043, and offer more protection to users from the harms of age-gating systems.

In the rush to block young people from certain parts of the internet, lawmakers are creating a privacy and security nightmare for everyone. This scenario is already playing out globally. Help us stop it and keep the web open and accessible for all.

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Protect the web for everyone

Even with the best intentions, every online age verification scheme has the same result: users are forced to reveal sensitive personal information to third parties simply to access the web. Once that valuable data is centralized, it becomes an immediate target for leaks, hacks, and misuse. This isn’t hypothetical: it has already happened several times.

By age gating the web, we serve up a honeypot of private info ripe for bad actors. But you can help us stop this when you join EFF.

Support digital rights in EFF's new Claw Back member t-shirt and Privacy Badger Crewneck.

Thanks to our members, EFF is on the front lines fighting against online age gating and identity verification online. We’re working with lawmakers to pass better policies, educating the public, and fighting the wildfire of age verification proposals around the world. Now all we need is you.

We all want young people to be safe online, but we don’t need to trade everyone's digital rights to achieve it. These new restrictive mandates are used to justify government-led censorship and expanded surveillance. That's no accident.

Whether you trust today’s lawmakers or not, handing anyone keys to new forms of censorship and surveillance is a serious risk. Because history shows us that these powers are always abused. It’s time to demand better.

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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. 

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. 

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:

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.

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": 

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. 

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.

When it comes to keeping our texts, chats, and other digital messages safe from prying eyes, we have a powerful tool: end-to-end encryption. Used correctly, end-to-end encryption turns our conversations online into secret messages that can only be decoded by their intended recipients. In our latest EFFector newsletter, we're covering new developments in this tool, and how you can use it to prevent tech companies, governments, and other eavesdroppers from listening in.

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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 latest issue covers the shaky science backing social media bans, Canada's surveillance nightmare bill, and a victory for keeping private messages private.

Prefer to listen in? EFFector is now available on all major podcast platforms. This time, we're chatting with EFF Senior Security and Privacy Activist Thorin Klosowski on an important step forward for encrypted messaging—as well as a notable disappointment. You can find the episode and subscribe on your podcast platform of choice:

Want to protect your private conversations? 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!

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?

“We will launch during a dynamic political environment where many civil society groups that we would expect to attack us would have their resources focused on other concerns.”-Meta Internal Document on face recognition software for smart glasses, 2025

It’s unsurprising that a company would plan to release yet another privacy-invasive product. What is surprising is that they think we aren’t watching. You can help us keep them in check.

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Meta isn't the only company actively eroding your privacy. We found that Google has broken its promise to some users to inform them about government surveillance. And Palantir is completely failing to live up to its purported human rights commitments.

Corporations bear responsibility for violating user trust and human rights, and EFF is holding them accountable with your support.

We're suing DHS and ICE to reveal their efforts to unmask online critics, creating privacy-enhancing free software, and pushing for stronger privacy laws for everyone. This is all thanks to over 30,000 EFF members—a community you can join today.

Claw back your privacy with EFF's new member t-shirt!

We’ve seen collective action rein in companies and bring them back on track to protect users. With you by our side, we can do it again.

Join EFF today and be part of the community making this work possible.

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