Video summary
Mobile applications frequently leak precise location data to advertisers and data brokers without the user's knowledge or meaningful consent, a practice often driven by advertising Software Development Kits (SDKs) embedded within the apps. These SDKs are designed to share location information by default whenever an app is granted permission to access location services, regardless of the developer's original intentions. Consequently, these systems can determine a user's position with up to ten feet of precision, revealing specific home addresses and daily habits. The collected data is then sold to various entities, including surveillance companies, government agencies like U.S. Immigration and Customs Enforcement (ICE), and groups targeting vulnerable populations such as union organizers or individuals seeking abortion services.
This widespread data sharing creates a significant legal loophole where law enforcement can access private location data without obtaining a warrant, effectively bypassing Fourth Amendment protections intended to safeguard citizens against unreasonable search and seizure. Even developers who claim no relationship with specific data brokers may be inadvertently implicated due to these default settings within third-party SDKs. To address these critical threats, the Electronic Frontier Foundation (EFF) advocates for a comprehensive strategy that includes banning online behavioral advertising, strengthening federal and state privacy laws, holding SDK providers accountable, and ensuring that location data is never shared by default. The EFF frames these digital rights battles as essential "kitchen table issues" that directly impact daily safety, free speech, healthcare access, employment, education, and democratic participation.
Beyond specific policy changes, the organization emphasizes the need for a unified approach where lawmakers understand the technological implications of their decisions to ensure new laws defend existing rights rather than creating nonsensical regulations. The EFF is actively working at local, state, and federal levels to oppose legislation that undermines innovation, such as bills targeting 3D printers, while providing technical and legal expertise on debates regarding age verification and social media bans. Recent Supreme Court victories concerning geolocation warrants are viewed not as isolated events but as the result of long-term strategic work, highlighting the necessity for sustained community support to protect against expanding government and corporate surveillance capabilities.
The organization invites the public to engage with these efforts through upcoming events, including Dragon Con in Atlanta, a happy hour in Washington DC featuring Executive Director Nicole Ozer, and TechCrunch Disrupt, where attendees can use a specific discount code. Produced by the nonprofit dedicated to defending online civil liberties and digital freedom, the EFF continues to fight for a future where technology serves humanity without compromising fundamental rights. By connecting with these initiatives and supporting their advocacy, individuals can help ensure that privacy remains a cornerstone of a free and democratic society in an increasingly connected world.
Read the full video transcript
Your location isn't just a pin on a map.
Once collected, this information can
expose some of the most intimate details
about your life. Location data can
reveal where we live and work, the
people we associate with, the doctors we
see, and the places where we worship.
The value of this information to
advertisers and others has turned the
location data business into a
multi-billion dollar industry. But how
do data brokers even know where we are?
And what can we do to take back our
privacy? I'm Hudson Hongo.
>> And I'm Christian Romero. This is Aector
from the Electronic Frontier Foundation.
>> Later, I'll be chatting with Nicole
Ozer, the new executive director of EFF,
about some of the key battles for our
digital rights to watch in the months
and years ahead.
>> We'll also let you know about some of
the upcoming opportunities to connect
with EFF.
>> But first, we'll be talking about a new
EFF report highlighting how location
data is harvested from apps on our
phones, potentially without the app
developers themselves even realizing it.
So, uh, we're talking about location
data today. Uh, Christian, do you get
the sense that people are starting to
understand why locationational privacy
is so important?
>> Yeah, I think so. I mean, I I go to all
these conferences and people are always
asking me like, you know, why does my
phone send me ads of like when I go to a
new place and it's like, oh, you should
check out this spot. And it's like, why
is it so accurate? And I'm like, well,
well,
>> hate to break it to you. the it's it's a
little more scary than you think it is.
Honestly,
>> I think like the push back against flock
and automated license plate readers has
put the issue just of location privacy
in general on people's radars. But like
you said, uh [laughter]
ALPR is just one of the ways that our
location can be tracked. Uh one of the
biggest, as you know, is the online
advertising industry. Um, which which
doesn't really feel like the kind of
thing that should just be for sale to
anyone our locations, does it?
>> Yeah. I mean, once you start explaining
like the advertising industry and like
data brokers specifically to people that
have never heard about it, it it truly
does sound like more sinister than you
think. Like we often get the question,
is my phone just listening to me? And
it's like, no, the the reality is
actually like a lot uh crazier than you
think it is,
>> right? getting all the sorts of data
from you, from people you associate, uh,
people you live with to triangulate
information that does feel as detailed
as if it were like listening to your
conversations. And on top of that, like
we're saying, uh, location data. All too
frequently, these dated brokers get a
hold of our physical locations, which
are not static, which I don't know about
you, Christian, but I I move around the
world throughout my day, and
broadcasting my location can reveal all
sorts of things about how I live my
life.
>> Yeah. Uh which anime stores you're going
to, you know, do you want people to know
that you're a weeb, Hudson? I don't
know. [laughter]
>> This is not fact. Christian is
speculating here. He has not yet bought
my location data. I just want to note.
So recently our colleagues uh Bill
Bington and Lena Cohen looked into how
mobile apps feed their users location
data into this data broker ecosystem. Um
specifically they conducted a survey of
some of the advertising software that's
embedded within Android apps. But what
they found wasn't great. It was it was
bad.
don't like. Um, but to dig deeper into
this, I I chatted with Lena. Uh, let's
listen in on that conversation.
Well, hi Lena. Thanks for dropping by.
>> Thanks for having me.
>> So, today we're talking about a new EFF
report which highlights a key way that
data brokers end up with our location
data. But before we get to that, I
wanted to get at why this is important.
Uh obviously it's very creepy, but what
are some of the real world dangers of
data brokers knowing where we are?
>> Yeah, I mean once location data brokers
have have information about like where
where you've been um precise details
about your location history, they can
sell it to basically anyone who's
willing to buy. Uh and they sell our
location data without our knowledge or
meaningful consent. So, it's because of
the opacity of the data broker industry,
it's hard to get ex a sense of exactly
who they're selling your location data
to. Um, but we know through
investigative reporting that they have
that location data brokers have sold
people's information for some really
dangerous uh purposes. There are
location data brokers um who sell to
surveillance companies that make uh
global spy tools. We know that location
data brokers sell to the US government
um and that location data from the
advertising industry specifically has
been used for ICE investigations. We
also know that location data brokers
have uh sold information to people
trying to track union organizers out a
gay priest even uh target people who've
who visited um who visited uh targeted
abortion seekers with anti-abortion ads.
Um so yeah the there there's a lot of uh
different harms uh beyond creepy ads
targeted based on our location. Uh, and
the core issue is that once once
location data brokers have your
information, it's almost impossible to
know and control who they're selling it
to.
>> So, so basically an opaque uh
free-for-all, right? I I know that in
the case of the government, uh, they can
do sort of location searches that in
other contexts might require a judicial
warrant, but because this is just
private information that's for sale out
there, they're allowed to use this data
without a warrant.
>> Yeah, absolutely. It's sort of a a
loophole to uh the Fourth Amendment. The
government can just buy access to
location data that normally they would
need a warrant for.
>> And and this location data, as I
understand, can be fairly precise.
Correct.
>> Yeah, absolutely. Um the location, you
know, if you if you give an app uh
precise location permissions on your
phone, it can, you know, it'll locate
you up to about 10 ft uh in accuracy. So
yeah, it's not just like [laughter] not
just uh what what city you're in or what
neighborhood you're in, but maybe maybe
your exact uh maybe your exact apartment
building.
>> Okay. So you did name uh quite a few
different ways that location information
can put people at risk. Um and you
started to talk about I'm glad uh about
how data brokers are getting this
information in the first place. One key
source is mobile apps and something
called software development kits or
SDKs. What is an SDK?
>> Yeah, so an SDK is basically just a
package of code um that is that is made
by another company that is that is made
by a company and used by many different
app developers to sort of imp implement
something that developers uh wouldn't
wouldn't want to make from scratch
themselves. So you know there are SDKs
for a lot of different purposes. There's
uh SDKs that developers use to serve ads
um to collect analytics. There's also,
you know, SDKs that developers use for
important um security features. SDKs uh
themselves aren't inherently
problematic. Um but what our report
focuses on is advertising SDKs that
developers use to sort of easily
monetize their apps. Um and these
advertising SDKs have a lot of control
over how much uh how much data is shared
[music] from apps into this like mobile
advertising ecosystem,
>> right? So maybe you're an independent
app developer. You make a calculator
app. Maybe it's a very good one and you
don't want people to pay for it. So you
have it up free with ads, but you're not
an advertising
uh software coder. So you just maybe
plug in a software development kit that
does this. And
>> yeah,
>> this is is sort of what you were looking
at.
>> Yeah. Um so we we we knew that we know
from EFF has like advocated for years
against the connection between adtech
and location data brokers. We know that
location data brokers are sort of
easedropping in in mobile advertising
systems um to collect people's data um
and advertising SDKs have a lot of
control over what data enters um this
this this data free-for-all that is the
like advertising ecosystem. Um, so once
a once a developer adds um an
advertising SDK to their app, they don't
have to like manually decide what data
they're sharing about each ad user and
how it's going to be used to target them
with ads. Um the advertising SDK
basically, you know, will automatically
collect data that it has access to um
inside of an app and share it uh and and
share it in these real time advertising
auctions that we know location data
brokers abuse.
>> So right, you and our colleague Bill
Bington looked at uh advertising
uh SDKs for this report. I understand
you reviewed the uh public documentation
for dozens of widely used AD SDKs. What
specifically did you find when you
reviewed that uh developer
documentation?
>> We found most concerningly that there
are several advertising SDKs that
automatically collect and share location
data whenever they're embedded in an app
that's been granted location
permissions. That means that a developer
using these ads SDKs doesn't have to
like turn on or opt into location
sharing just by using an ads SDK with
its default settings. Um if you know if
if their app needs location permissions
for any core functionality uh that that
location information will will could
automatically be shared um with this
dangerous ads ecosystem. Um and that
that is a big problem because defaults
matter not just for users um but for app
developers as well. U studies show that
a lot of developers tend to just stick
with the default settings of the third
party SDKs they use. Um so a developer
who's not paying careful attention to
the documentation
of the ads SDKs they're using could be
inadvertently leaking their users
location information. There's we we
found some other uh [laughter]
concerning uh characteristics of
advertising SDK's uh location sharing
behavior, but I'll I'll start with that.
These dangerous defaults.
>> Yeah. So, I know your analysis ended up
focusing on just four advertising SDKs.
Do we have a sense of how many people
just those four might impact?
>> Yeah. So these four SDKs that admit to
sharing location data by default are
embedded in tens of thousands of apps
and according to the ads SDK's companies
themselves reach billions of users. That
being said, they're not the most
prevalent SDKs uh used by developers,
but they're prevalent enough to affect
billions of users. Um, and even though
we focused on just four SDKs with
dangerous defaults, um, we found some
concerning patterns, um, in their in
their documentation that reflect broader
issues with like ad w with other ads
SDKs. Um, academic research has sort of
found that third-party SDKs can nudge
developers towards more data sharing.
Um, and that that was that was reflected
in a lot of the SDK documentation we've
reviewed. Uh, not just the documentation
of of these these four with dangerous
defaults.
>> So,
so significant scale.
We know that publicly a few have
admitted that or at least you found a
number that are publicly talking about
how they have these dangerous defaults.
But just the advert the ecosystem itself
affecting a a very very high number of
people.
>> Yes, absolutely. Um I think that there's
part of the reason we published this
report um is that you know people sort
of Yeah. Yeah. This is you know this
this these SDKs are likely embedded in
apps used by billions of people. Um, and
I think very concerningly, the location,
we actually looked at some apps that
have these SDKs. Um, and we found that
they were sharing precise location data
without any meaningful notice or consent
to the user. Um, so there's probably
billions of of of people using apps that
they don't realize. uh whenever they
grant location permissions to this app,
they're also granting location access to
sketchy third-party advertising
companies and potentially location data
brokers, too.
>> So, you mentioned this a bit before, but
I gather that part of the problem here
is that app developers themselves don't
necessarily know that these software
development kits they're plugging into
their apps are collecting this kind of
data on their users or sharing it with
third parties. Is that right?
>> Yeah. I mean, it's not to say that there
there aren't app developers who might be
intentionally selling on selling
location data to data brokers or app
developers who wouldn't um turn on
location sharing to make more money
through ads. Um, but the fact that that
that several advertising SDKs are
sharing location data by default really
increases the risks of developers
sharing location information uh without
realizing it. Um, and this isn't a
hypothetical risk. In 2025, there's this
location data broker called Gravy
Analytics. Um they're connected to
another location data broker that sells
to US law enforcement, including ICE. Um
this data broker was was hacked. Um and
the the leaked data revealed thousands
of apps that may have been uh sources of
location data. And when journalists
reached out to developers of apps on
this list, most claimed that they they
had no relationship with Gravy Analytics
or they'd never even heard of Gravy
Analytics. So I think that you know if
if they're telling the truth um I think
this really points to the fact that the
the this points to how important it is
to understand the location sharing
behavior of third party SDKs because
sometimes they're having they have more
control than the developers themselves
over what data enters the ads ecosystem
>> and whether they're aware or not
developers still have a pretty important
responsibility here right
>> absolutely regardless of of what the
default setting is of of an advertising
SDK. Developers have a responsibility to
to protect their users data, especially
data as sensitive as location data. Um,
that being said, we shouldn't have to
rely on developers reading the right
piece of documentation
um to to keep our location data safe. um
data as sensitive as as location should
should never be shared by default.
>> So are there any other really important
uh takeaways uh that our listeners
should know about?
>> Yeah. Um I think you know beyond these
dangerous defaults uh we found several
ways that these ads SDKs were really
were not just facilitating location
sharing with this dangerous ecosystem
but actively encouraging it. Uh several
of these ads SDKs explicitly highlighted
the financial incentives for developers
to request location permissions and then
by extension um share location data. A
lot of ads SDKs talked about how um you
know giving your app location
permissions which also gives these third
party SDKs location permissions. Um how
that would increase ads revenues. Um, we
also found there was one ads SDK that
told developers it it it wouldn't
collect precise location data. It would
only collect approximate location data.
And we did some technical analysis of
apps with that SDK and found that claim
was not true. We saw precise location
information being shared despite what
the documentation told developers. Um,
yeah. So, so that ads SDK ended up
updating their documentation after we
reached out. Uh, but it shouldn't it
shouldn't take it shouldn't take privacy
advocates investigating SDKs to get
these companies to tell developers the
truth about what they're doing with with
location data. I think lastly, we saw a
lot of emphasis um in these developer
docs on the fact that users location
users had to explicitly grant an app
permission to access their location. Um
and that was sort of framed as
a you know a type of of user consent. Um
but app level location permissions
really really can't signal consent um to
third-party data collection by these
SDKs. Like mo most people don't realize
that apps have third party code, let
alone the fact that the third party code
in apps um can like automatically access
all of all the same location information
as as the app itself. Um there's even,
you know, there's a lot of apps that
require location permissions to function
like mapping apps or dating apps. Um so
even though these SDKs frame the like
app level location permissions as
as as a type of of of user consent, um
it's really, you know, location data is
still being shared with advertisers
without without people's meaningful
consent or knowledge. I know that a lot
of our listeners are uh probably fairly
troubled to hear this um and aren't
necessarily satisfied to wait for other
parties to do the right thing. Uh in the
meantime, what can users do to protect
themselves?
>> Yeah. So, users can can definitely take
some steps to defend their location
privacy. First of all, be be very
careful about the apps that you share uh
location permissions with and be aware
that when you're granting an app
permission to access your location data,
you're also giving that same access to
all the third party code embedded in
that app. Um I would say, you know,
don't don't give an app location
permissions
if if it doesn't if it doesn't need it.
Um, and if you do have to give an app
location permissions, uh, give it, you
know, sometimes you have a choice to
give the approximate location
permissions instead of precise. Um, that
being said, users shouldn't have to go
through any extra steps to keep their
location permission from getting to
location data brokers. It's really on
developers, regulators, and legislators
to act um to stop our apps from leaking
location information. I'm glad you
brought that up because I think that
might be the most important party
potentially in this situation. What
should regulators and lawmakers be
doing?
>> Absolutely. Um, first of all, regulators
should continue holding app developers
accountable whenever they unlawfully
share personal data, especially location
data. Um, but that being said, they
shouldn't just focus on individual app
developers. they should um scrutinize
these companies whose SDKs actively
encourage location data sharing. Um they
should, you know, scrutinize the
companies who make location data sharing
the easiest option uh for developers.
Otherwise, we'll see adtec companies
continue to design their SDKs to make
location data sharing the default while
sort of shifting the responsibility and
consequences of any non-compliance to
the developers who just use their use
their tools as is. Um, next, we
certainly need more and stronger data
privacy laws that that give developers
and adtech companies an actual incentive
to protect people's personal data. Um,
the US is in in dire need of a federal
privacy law, especially um, one that
that that doesn't preempt stronger state
privacy laws. Um, it has a private right
of action that would lead to it actually
getting enforced. Um, but in the
meantime, while we're waiting for a a
strong federal privacy law, uh, states
can can pass strong data privacy laws if
they don't have them already, and
regulators can enforce the laws that are
on the books.
>> I I think that would be a really good
start. And uh you know, one one more one
more thing that legislators can do to
actually address the root of this
problem is banning online behavioral
advertising. Um that's advertising
that's targeted based on people's online
and offline behaviors, not just the
content that they're they're looking at
in the moment. Um, that's the system of
advertising that incentivizes almost all
the companies we interact with to track
and share our personal data. And that's
the system um that incentivizes apps and
advertisers to broadcast our location
data into these insecure uh advertising
systems. Um, and I think, you know,
unless we address the root of the
problem and move away from
surveillance-based advertising,
companies might keep uh keep finding
ways to bypass our privacy protections
and keep keep tracking our our location
data.
>> Well, thanks again for coming by, Lena.
>> Yeah. Uh, thanks for having me.
Quick break to remind you EFF is a
memberup supported nonprofit and your
support is what makes this work
possible. If you want to help EFF keep
fighting for your digital privacy, head
to eff.org/podfan.
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for everyone. That's eff.org/podfan.
One more time, eff.org/pf org/pfn.
All right, back to the show.
>> Okay, Christian. So, I actually had the
chance to conduct uh two interviews this
week. Have you been able to chat with
Nicole Ozer, EFF's new executive
director, since you started?
>> Yeah. Yeah, we uh actually worked
together on a social media video that
everyone should check out, too. But uh
yeah, she's uh been great to kind of get
to know over the past few weeks
>> and I know a lot of people who are in
this space are already familiar with her
her work um with the uh privacy in
California, some some landmark
legislation there. But in any case, I
thought my conversation with Nicole was
was really interesting. Um let's listen.
>> Well, uh hi Nicole. Thanks for dropping
by.
>> Thanks so much Hudson. It's so great to
be here on the podcast.
>> Thanks. Yeah. So, on the podcast, um,
we're often doing like pretty deep dives
into specific rights topics, but I'm
excited to have you here today because I
thought it could be a good time to take
a step back and get a little bit more of
the bigger picture. Um, a picture that
feels pretty big these days. Uh, and so
this is a big one, but I just, you know,
want to start off. What do you think
makes the moment we're in right now so
consequential when it comes to
technology and our civil liberties?
>> Yeah, I mean this is an incredibly
important time for issues about how
technology is built, how it's used, and
who gets affected by it. I mean, you
know, being the new executive director
at EFF, [laughter]
uh, there couldn't be sort of a more
important time for the work that we do
every day. Um, to really ensure that
technology is supporting rights and
justice and freedom and innovation for
all people because, you know, we're
we're all living digital lives now. You
know, when EFF was first founded in
1990, you know, a lot of people thought
that digital issues and digital rights
issues were really siloed from issues
that were sort of basic to rights and
justice and democracy. But, you know,
now these EFF issues are really the
kitchen table issues like um in terms of
our lives, our livelihoods, the future
of our democracy. Um, and you know, many
of the threats that once seemed
hypothetical, you know, 36 years ago
when EFF was founded, those threats are
now really reality. Um, you know,
government and corporations, you know,
they possess surveillance capabilities
that were certainly unimaginable 36
years ago and certainly, you know, even
just a few years ago. Um, you know, the
the current administration took office
with the most massive and sophisticated
surveillance infrastructure
in the history of our country and the
world. Um, you know, there has been a
billion dollars a year sent down by just
the US government alone to local
communities to be building surveillance
infrastructure, license plate readers
and drones and face surveillance. Um,
and then of course again we're living
digital lives. So you know we are uh you
know when we use most apps when we are
you know surfing the web there's a
massive amount of information collected
about who we are and where we go and
what we do and who we know and you know
that surveillance infrastructure that's
on our streets um that is online so much
of it is now being weaponized against
communities. So, you know, the threats
of, you know, how technology can be used
against us. We're really sort sort of
seeing um those real examples um in
terms of people's uh personal safety. Um
how their families are affected. Um I
know the the rights that we all have are
really, you know, mostly protected by
either uh law or by friction. And so we
have this, you know, huge surveillance
infrastructure. And then right at this
moment we have sort of AI really
supercharging the ability uh to mine
that information and and potentially use
it in ways that people would have never
expected, never wanted um and that
really can be used to harm them. So you
know we've got just you know massive
threats right now in terms of um you
know really wanting to make sure that
technology is supporting people rather
than threatening people. Um and so this
is just an incredibly consequential
moment um for issues of privacy,
surveillance, free expression. Um and
we've got, you know, both we've got sort
of this massive surveillance
infrastructure, but we've got also the
you know the commensurate sort of really
um greater concentrations of power by
both sort of government in terms of
executive power. you know, trying to
have greater and greater and more power
um in terms of the three branches, but
also, you know, corporate power. And
it's really shaping speech and
creativity and markets and democratic uh
institutions and and we're seeing that
power being used in ways um increasingly
to control the internet uh to try to
control people's ability to access
information and and comm communicate
freely. Um, we're seeing a rise of
social media bans in the US and
internationally. Um, from California to
the UK, Australia, Canada, uh, age
verification. So, you know, the work
that EFF is doing every day in the
courts, in the legislature, in
communities, um, it's really fundamental
uh, to the future of our countries, our
livelihoods, and and literally our
lives. So to take the helm of EFF at
this moment um it's it's incredibly uh
important. It's incredibly um
consequential um and the stakes are
higher than ever uh to do the work that
we all do every day and and for our
community to really work together to
make sure that technology uh is really
supporting rights um and freedom and
innovation uh in ways that it can and
should be.
>> Yeah. I I like the way that you put it
how these have become kitchen table
issues. I know that just even a couple
years ago talking about topics like you
know uh uh online censorship right uh
internet restrictions uh surveillance
tools like automated license plate
readers
whenever I try to speak to the people
about these things they would feel a
little ethereal it would be like okay
yeah that that sounds important but now
in especially in the last couple years
we're really seeing the fruits of all
these things that we've been watching
and how they're you know uh being
deployed in the real world having
serious consequences on people's lives.
>> Yeah. I mean, it's it's those you never
you you really don't want those
hypotheticals to become realities, but
you know, the very things that you know,
I I've been in public interest
technology work for 20 plus years. Um
and sort of right post 911 when the
surveillance infrastructure was just
being developed when you know the first
license plate readers went out on
streets or the first video camera
systems or or face surveillance. you
know, there were always these, you know,
very real concerns about, you know, that
license plate reader information, you
know, collect collects vast amounts of
information about who you are, where you
go, and what you do. Um, and you know,
that then being able to track people who
are seeking reproductive health care or,
you know, immigrant communities and we
are seeing that in action now today. Um
and so you know just really realizing
that um those threats that you know many
of us have been talking about since the
early 2000s um you know to see you know
ICE in across the country utilizing face
surveillance like really seeing the real
implications of that um it's uh you know
it's this moment where you never want to
see that happening but it's also a real
opportunity for people to really realize
what's really at stake here. Um and that
you know digital issues are not these
you know um you know fee the digital
rights issues aren't these issues that
are disconnected from our daily lives
from you know our family from our safety
from our ability to engage and speak our
mind and engage in you know fights for
justice across issues whether it be
LGBTQ rights whether it be immigrants
rights whether it be reproductive
justice
um whether it be economic justice issues
like these digital rights issues are
core to um our ability uh to be able to
speak freely um and and mobilize for
change. And we all have to be um
fighting for movements for justice um on
both the you know physical world and in
the digital world and coming together to
really understand the implications um
and work in ways collaboratively uh to
make sure that technology uh is
supporting people and working for people
right now.
>> Yeah. I I know it's like you said, you
know, these things you warn about, you
you don't like to see them come true,
but the other sort of framing that I've
heard from uh people in EFF is this is
the moment that EFF was built for,
right? This is what we've been preparing
for. And to get back to that, uh you
wrote in a recent blog post, and this
I'm sorry, I'm gonna quote you. These
are these are perilous times. It is also
a moment of extraordinary uh
possibility. And I wanted to ask you
what are some of the biggest perils and
opportunities in your eyes right now?
>> Yeah, I think that the biggest perils
are also the biggest opportunities. I'm
somebody who studied um you know history
um and social movement work in history
and there's so many parallels right now
to the late 1960s and early '7s. like
there's so many, you know, consequential
battles right now in terms of rights and
justice and um, you know, the future of
our democracy. We've got a country
that's increasingly divided and we've
also in this moment of sort of
exponential advances in technology which
was very similar moment to the late 60s
and early 70s sort of uh at during the
civil rights movement and at the rise of
um modern computerization. And so, you
know, these are our this like this is
the moment of our generation, right? A
lot of us, you know, have studied and
learned about sort of what did people do
and how did they show up and how did
they work together for change in that
moment. Like this is our moment of our
generation. Um, and I feel that, you
know, very deeply of, you know, how do
we all show up at this moment? How do we
stand together in this moment? What do
we what do we work together to do in
this moment? Because people will be
looking back at this time of history and
saying what did people like us do in
this moment when we were kind of faced
with uh you know this this trajectory of
time of sort of what are the future of
of rights and about sort of how people
are treated in this country. um you know
what is the future of how technology
will be used or misused
um and so I think that the biggest peril
is that we kind of don't come together
in this moment and really fight for
what's right and the biggest opportunity
is that we really um see this o see this
moment for what it truly is um and to
really come together to to build that
power together and you know the blog
post you quoted from was my initial blog
post ex as executive director and you
know it's titled building our future
together and that's what I really do
believe in is you know um how are we um
as the EFF community how are we as a
broader community um really standing up
in this moment you know from me as
executive director to all of our staff
here at EFF to our broader community and
how are we rippling that out further um
to really make sure that um the promise
of technology to really support people
is how it actually can be used um you
know in this current moment and and the
future that we're that we're really
building together. Yeah. I mean as as I
say like you know the future of AI is
not written and we can work together to
get it right. And so I think at this
moment where we are facing all of these
challenges, we can also really think
deeply about how do we use new
technology in a way that really uh makes
a difference right now and builds a
future that we can all be proud of.
>> Yeah, I think that sets the table pretty
well for the kind of stakes that we're
talking about here. Um, I did want to
ask, are there some other like key
battles you can point to when you're
anticipating
what individual fights are going to look
like?
>> There's a lot of separate issues, but
they really are intertwined with, you
know, the the common thread, which is,
you know, ensuring that technology
empowers rather than controls us. Um,
and so that's really a common thread of,
you know, the work that we do here at
EFF, the work that we're doing with
partners. Um, again, I started sort of
this podcast by talking about, you know,
increasingly sophisticated surveillance
systems. Um, we really do need to
challenge those systems. We need to find
ways um to ensure that we can speak
freely, move freely um you know not live
in a situation where we have to wonder
and worry you know who's watching us um
and can we actually you know engage in a
democratic society. Um you know related
to that is also of course our ability to
ensure that we can use technology to
connect and communicate and mobilize. Um
sort of preserving strong encryption
which has always been you know core work
of EFF. Um no more important time to be
able to uh communicate uh safely and
securely. Um, you know, EFF is not only,
you know, working on those issues from a
legal and policy side, but, you know,
our own, uh, technologies that we
develop and support here at EFF, like,
um, you know, privacy badger, which
makes sure that, you know, uh, what we
do online can't be tracked to certbot,
which, you know, currently supports the
encryption of more than 45 million
domains across the world. like EFF we
are working on sort of all different
types of work to ensure that there's
strong encryption that there's online
anonymity um again like this is a moment
when AI is developing exponentially
being used in so many different ways by
government and in the corporate space.
Um and you know EFF as an organization
is really a unique organization that we
bring such uh deep legal expertise, such
deep policy expertise but such deep
technical expertise as well. And so to
really bring that kind of uh nuanced
position to ensure that AI is developed
and used in ways that respect all of our
fundamental rights and also works for
those who build it, who use it, and who
are affected by it. Um, and I think that
that's a um a really important role for
EFF to play um in this moment to make
sure that we are building AI right and
using it in ways that really um are
right for the people uh who who develop
it, who use it and who are affected by
it. Um and again, you know, talked
about, you know, the concentrations of
power that we're seeing, um that, you
know, limit access to new creativity, um
and undermine potentially the rights of
developers to build and innovate. And so
sort of all across the trajectory of
work we're doing in the courts, in the
legislatores, in communities, the tech
tools we're building is really about
creating an ecosystem um that
understands sort of the legal and policy
and technical uh climate and that make
sure we we get these things right um in
this moment.
>> Yeah, I think that in encryption is a
really great illustrative example,
right? This is a uh a a privacy
protective tool that can pro protect you
from uh government spying but also
corporate surveillance.
>> Absolutely. And it and it's a place
where you know we have to continually
defend it and promote it but we have
made just amazing progress in this
space. So I think you know when we when
EFF worked with Mozilla and let's
encrypt in you know back in 2014 the
goal was you know to encrypt the web and
I think people really thought that that
was a moonshot that just like wasn't
going to be possible you know there was
such a small percentage of websites that
were encrypted at that time you know it
was not normal to see HTTPS you know
across the web now we see that like that
has become the backbone you know uh of
the web. Um it has you know it has
become sort of the norm to see that it
is what you know uh protects privacy but
also ensures that you know a lot of the
commerce can happen across the web and I
I can't remember the exact number but I
think we're upwards of more than 90%
encrypted um right now across the web.
the work we do whether it's in the
courts whether it's in the legislature
what we build in terms of public
interest technology tools um you know
Serbot is freely available you know we
you know to anyone who wants to use it
and all of that is supported by our
members you know that is the donations
of individuals small and large that
support the work of EFF every day and so
you know just ensuring that we're able
to continue our important work in the
courts in the legislature and building
these tools that really put those um
rights into practice and really protect
um people and maintain an open web um
you know the support of EFF members um
you know is is what makes all that
happen. And so just want to thank the
EFF members uh who are listening and uh
if you're not currently a member, I
really hope you'll join because that's
what enables us to do this important
work every day and to um and to move
this work forward.
>> Speaking of accomplishments, um I I did
want to ask given how much is going on,
it it's not really always very easy to
recognize the progress that's being
made. uh for you. Are there any sort of
individual victories for digital rights
that you think deserve more attention?
>> Well, I mean, right, you know, this
summer we're we're celebrating an
important US Supreme Court win uh in a
case called Chhat Tree versus the United
States. Um and that uh US Supreme Court
win reaffirmed our right to privacy and
our location information. Um and you
know that win really will help curb one
flank of sort of this supercharged
government surveillance that we've been
seeing because obviously our our
location information. Uh you know we are
most of us are using our phones carrying
our phones all the time. um a lot of
location information is collected and
Chhatri really is about making sure that
the government can't access and can't
demand that location information um with
without a warrant. Um and so you know
the Chadri decision which EFF filed a
really important amicus friend of the
court brief in in that uh in that case
is a really important decision. It's
gotten quite a lot of attention, which
is good because it's an incredibly
important decision and and one where we
actually had a win right now in this US
Supreme Court, which are becoming far
fewer uh these days. Um, but I think
what I I want to sort of highlight is I
think while people hear about the win, I
think what deserves sort of more
attention is that the wins don't just
happen like winning chhatri in the US
Supreme Court in 2026.
Um, this win was built through strategic
work over time across strategy starting
like 15 years ago. Um and so I think
what's important to understand and for
people to really recognize is that you
know it is this strategic work that you
know gets planned 10 years in advance um
to really think about how can we move
cases, how can we work in community, how
can we build legislation. Um, and that
chryer win this year was really built on
a a lot of building blocks of doing, you
know, lower, you know, doing cases in
the lower courts starting in the 2010s.
Um, you know, passing landmark
legislation in California called Calcao,
which requires a warrant for electronic
communications, including location
information. Um, which I spearheaded
with EFF lawyers before coming to EFF.
Um, if folks could actually see my
office, they'd see the signed bill right
over my shoulder for Calekba. Um, it's
about, you know, working also with
companies for for how they can better
protect location information and seeing
those policies go into place. Um, so
it's all these little it's all these
different building blocks that have to
be there successes over time that get
you to a win like the Chachri case and
um that takes strategic thinking. It
also takes sustained resources for this
type of work and it takes expertise
across you know lawyering and policy
work and technical expertise and so um
that's something that EFF you know
brings that continuity of thinking and
that strategic work that enables us um
you know to to really uh fight and win
against you know some of these really
powerful forces. Um and again, you know,
the ability to do that work over time
and to stick with that work um even when
we, you know, have challenges along the
way is because um that you know, we do
have so many um really staunch
supporters at EFF and just, you know, uh
we have we have much more to do. um and
you know need you all in the fight to to
help us to help us really um meet this
moment but also think about well what is
the win that we're building right now
for 10 years from now. Yeah, I think
that's a good point about uh chatri the
uh geoence warrants case that concerns
uh digital draget surveillance and I
know that in the news uh other places
people might just hear about this ruling
and say oh great you know this is a
positive sort of development but I know
within EFF among our lawyers this is a
thing that people you know we've been
writing friend of the court briefs for
years right as it moves all the way up
to the Supreme Court we've 've been
following and like you said, not just uh
this individual case, but the entire
space uh about warrant requirements for
digital surveillance is a a yearslong uh
and if you're not paying especially
close attention sometimes a little bit
invisible process that does build up to,
you know, big victories like this one.
>> Yeah. And I I think even just you know
EFF issues being now kitchen table
issues like all of that is happening
behind the scenes right um and you know
when I started my career and as you said
a lot of times people didn't really
understand the work that we were doing
um or or weren't sure how it sort of
intersected with you know the issues
that they were experiencing every day
but you know now how technology is built
how it's used it affects all of us. It
affects, you know, all of us of all
ages, of all backgrounds. Like, we are
all living these digital lives. And, you
know, for me, the work starts with
really recognizing that digital rights
issues are are not a siloed policy
issue. You know, we we have to fight and
win on the digital terrain to organize,
to speak freely, um to access health
care, to find work, to receive an
education, to participate fully in
democracy. Um and so you know we we have
to we have to sort of understand exactly
you know how critical these types of
issues are. Um and to you know work
together uh to really make sure that um
you know lawmakers understand the
implications
uh uh and you know that we are we are
both sort of defending the rights we
have but moving the law forward and
ensuring that there aren't laws put into
place that actually don't make sense.
You know EFF is uh working on the local
level on the state level on the federal
level. you know, there are a lot of
bills that don't make sense to pass
right now. Um, EFF's been, uh, you know,
working extensively
uh, to try to address, you know, some 3D
printer bills that would, you know,
undermine innovation and open- source
um, software. So we and again on age
verification and social media bans um
you know not not every you know EFF
really has the the nuance view to be
able to bring um deep expertise on on
the law and the technical side uh to
debates that are happening at sort of
all level of of government and in the
corporate space.
>> Well I I look forward to uh spending
more time fighting alongside you Nicole.
Uh thanks again for stopping by. Well,
thanks so much uh for having me on the
podcast and uh thank you for all the
work that you do and for the EFF
community support and all the work we do
every day at EFF.
>> And now events and opportunities.
Christian, how can people connect with
EFF in the weeks to come?
>> Yeah, on Labor Day weekend, September
3rd through the 7th, we're going to be
at Dragon Con in Atlanta, Georgia. You
can spot effers in their favorite
cosplays while speaking in the
electronic frontiers forums track. Then
later in the month, you can find EFF's
executive director Nicole Ozer for a
happy hour in Washington DC where she'll
be chatting about her vision for leading
EFF forward during this critical moment.
And last up in October, you can spot EFF
at TechCrunch Disrupt. We'll have a
membership table where you can learn
more about our work and be sure to use
our discount code TCF25
Disrupt. if you grab a ticket for
yourself. You can learn more about all
these events and other ways to see EFF
at eff.org/events.
>> Thanks, Christian. Well, that's it for
this week's Aector. Aector is a podcast
by the Electronic Frontier Foundation,
the leading nonprofit defending online
civil liberties. Our theme music is I
don't know by Grapes. EFF promotes
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