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経済産業省は、工場を建設する目的で平成27年（1月～12月期）に1,000平方メートル以上の用地を取得した製造業、ガス業、熱供給業、電気業の事業者を対象に「工場立地動向調査」を実施し、結果を取りまとめました。

4月5日から9日まで、韓国のソウルにおいて、日中韓自由貿易協定(FTA)交渉の第10回交渉会合(局長/局次長会合)が開催されます。

経済産業省は、昨年10月に「活力あふれる『ビンテージ・ソサエティ』の実現に向けた取組に係る研究会」を立ち上げ、検討を重ね、今般報告書をとりまとめました。

交通事故の削減や渋滞緩和、環境負荷低減等の課題解決が期待される協調ITS（※）の実現普及に必要とされる地図データベースの整備や維持・更新のコスト削減に役立つ日本発の国際規格が制定されました。

平成28年3月4日に、東京電力からありました改正電気事業法に基づく会社分割に係る申請について、このたび申請のとおり認可しました。

電気通信紛争処理委員会（第249回）

Court Confirms That, If Proven, DOGE’s Ongoing Access to Personnel Records Is Illegal

NEW YORK—A lawsuit seeking to stop the U.S. Office of Personnel Management (OPM) from disclosing tens of millions of Americans’ private, sensitive information to Elon Musk’s “Department of Government Efficiency” (DOGE) can continue, a federal judge ruled Thursday. 

Judge Denise L. Cote of the U.S. District Court for the Southern District of New York partially rejected the defendants’ motion to dismiss the lawsuit, which was filed Feb. 11 on behalf of two labor unions and individual current and former government workers across the country. This decision is a victory: The court agreed that the claims that OPM illegally disclosed highly personal records of millions of people to DOGE agents can move forward with the goal of stopping that ongoing disclosure and requiring that any shared information be returned. 

Cote ruled current and former federal employees "may pursue their request for injunctive relief under the APA [Administrative Procedure Act]. ...  The defendants’ Kafkaesque argument to the contrary would deprive the plaintiffs of any recourse under the law." 

"The complaint plausibly alleges that actions by OPM were not representative of its ordinary day-to-day operations but were, in sharp contrast to its normal procedures, illegal, rushed, and dangerous,” the judge wrote.  

The Court added: “The complaint adequately pleads that the DOGE Defendants 'plainly and openly crossed a congressionally drawn line in the sand.'" 

OPM maintains databases of highly sensitive personal information about tens of millions of federal employees, retirees, and job applicants. The lawsuit by EFF, Lex Lumina LLP, State Democracy Defenders Fund, and The Chandra Law Firm argues that OPM and OPM Acting Director Charles Ezell illegally disclosed personnel records to DOGE agents in violation of the federal Privacy Act of 1974, a watershed anti-surveillance statute that prevents the federal government from abusing our personal information. 

The lawsuit’s union plaintiffs are the American Federation of Government Employees AFL-CIO and the Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1 AFL-CIO. 

“Today’s legal victory sends a crystal-clear message: Americans’ private data stored with the government isn't the personal playground of unelected billionaires,” said AFGE National President Everett Kelley. “Elon Musk and his DOGE cronies have no business rifling through sensitive data stored at OPM, period. AFGE and our allies fought back – and won – because we will not compromise when it comes to protecting the privacy and security of our members and the American people they proudly serve.” 

As the federal government is the nation’s largest employer, the records held by OPM represent one of the largest collections of sensitive personal data in the country. In addition to personally identifiable information such as names, social security numbers, and demographic data, these records include work information like salaries and union activities; personal health records and information regarding life insurance and health benefits; financial information like death benefit designations and savings programs;  nondisclosure agreements; and information concerning family members and other third parties referenced in background checks and health records.  

OPM holds these records for tens of millions of Americans, including current and former federal workers and those who have applied for federal jobs. OPM has a history of privacy violations—an OPM breach in 2015 exposed the personal information of 22.1 million people—and its recent actions make its systems less secure.  

With few exceptions, the Privacy Act limits the disclosure of federally maintained sensitive records on individuals without the consent of the individuals whose data is being shared. It protects all Americans from harms caused by government stockpiling of our personal data. This law was enacted in 1974, the last time Congress acted to limit the data collection and surveillance powers of an out-of-control President. The judge ruled that the request for an injunction under the Privacy Act claims can go forward under the Administrative Procedures Act, but not directly under the Privacy Act.  

For the order denying the motion to dismiss: https://www.eff.org/document/afge-v-opm-opinion-and-order-motion-dismiss 

For the complaint: https://www.eff.org/document/afge-v-opm-complaint 

For more about the case: https://www.eff.org/cases/american-federation-government-employees-v-us-office-personnel-management 

Contacts 

Electronic Frontier Foundation: press@eff.org 

Lex Lumina LLP: Managing Partner Rhett Millsaps, rhett@lex-lumina.com 

EFF has joined the American Civil Liberties Union and other legal advocacy organizations across the ideological spectrum in filing an amicus brief asking a federal judge to strike down President Donald Trump’s executive order targeting law firm Perkins Coie for its past work on voting rights lawsuits and its representation of the President’s prior political opponents. 

As a legal organization that has fought in court to defend the rights of technology users for almost 35 years, including numerous legal challenges to federal government overreach, EFF unequivocally supports Perkins Coie’s challenge to this shocking, vindictive, and unconstitutional executive order. In punishing the law firm for its zealous advocacy on behalf of its clients, the March 6 order offends the First Amendment, the rule of law, and the legal profession broadly in numerous ways. We commend Perkins Coie and other targeted law firms that have chosen to do so (and their legal representatives) for fighting back.  

“If allowed to stand, these pressure tactics will have broad and lasting impacts on Americans' ability to retain legal counsel in important matters, to arrange their business and personal affairs as they like, and to speak their minds,” our brief says. 

Lawsuits against the federal government are a vital component of the system of checks and balances that undergirds American democracy. They reflect a confidence in both the judiciary to decide such matters fairly and justly, and the executive to abide by the court’s determination. They are a backstop against autocracy and a sustaining feature of American jurisprudence since Marbury v. Madison, 5 U.S. 137 (1803).   

The executive order, if enforced, would upend that system and set an appalling precedent: Law firms that represent clients adverse to a given administration can and will be punished for doing their jobs.   

This is a fundamental abuse of executive power.   

The constitutional problems are legion, but here are a few:   

• The First Amendment bars the government from “distorting the legal system by altering the traditional role of attorneys” by controlling what legal arguments lawyers can make. See Legal Services Corp. v. Velasquez, 531 U.S. 533, 544 (2001). “An informed independent judiciary presumes an informed, independent bar.” Id. at 545.  

• The executive order is also unconstitutional retaliation for Perkins Coie’s engaging in constitutionally protected speech during the course of representing its clients. See Lozman v. City of Riviera Beach, 585 U.S. 87, 90 (2018). 

• The executive order violates fundamental precepts of separation of powers and the Fifth and Sixth Amendment rights of litigants to select the counsel of their choice. See United States v. Gonzalez-Lopez, 548 U.S. 140, 147–48 (2006).  

An independent legal profession is a fundamental component of democracy and the rule of law. As a nonprofit legal organization that frequently sues the federal government, we well understand the value of this bedrock principle and how it – and First Amendment rights more broadly – are threatened by President Trump’s executive orders targeting Perkins Coie and other law firms. It is especially important that the whole legal profession speak out against the executive orders in light of the capitulation by a few large law firms. 

The order must be swiftly nullified by the U.S. District Court for the District of Columbia, and must be uniformly vilified by the entire legal profession. 

The ACLU’s press release with quotes from fellow amici can be found here.

　だだっ広い殺風景な部屋に簡易ベッドが１０余り。素泊まり専用のロンドンの安宿だ。その日の客は、青い目の白人青年と日本人学生の二人だけだった。　日本人が「どこの国から来たの？」と聞くと、相手は「ユークレイン」と答えた。え、どこだって？と聞き直すが、長身の青年は遠くを見る目で、「ユークレイン！」と繰り返した。英語力の貧しい日本人学生は「ウクライナ」の英語読みだとその時は分からなかった。　　５０年余り前の筆者の経験だ。　ウクライナは当時はソ連の一部。青年が答えに込めたのは、民族とし..

Technologists play a huge role in building alternative tools and resources when our right to privacy and security are undermined by governments and major corporations. This direct resistance ensures that even in the face of powerful adversaries, communities can find some safety and autonomy through community-built tools.

One of the most renowned names in this work is the Calyx Institute, a New York based 501(c)3 nonprofit founded by Nicholas Merrill, after a successful and influential constitutional challenge to the National Security Letter (NSL) statute in the USA Patriot Act. Today Calyx’s mission is to defend digital privacy, advance connectivity, and strive for a future where everyone has access to the resources and tools they need to remain securely connected. Their work is made possible thanks to the generous donations of their over 12,000 grassroots members.

More recently, Calyx joined EFF’s network of grassroots organizations across the US, the Electronic Frontier Alliance (EFA). Members of the alliance are not-for-profit local organizations dedicated to EFA’s five guiding principles: privacy, free expression, access to knowledge, creativity, and security. Calyx has since been an exceptional ally, lifting up and collaborating with fellow members.

If you’re inspired by Calyx to start making a difference in your community, you can get started with our organizer toolkits. Once you’re ready, we hope you consider applying to join the alliance.

JOIN EFA

Defend Digital Rights Locally

We corresponded with Calyx over email to discuss the group's ambitious work, and what the future holds for Calyx. Here are excerpts from our conversation:

Thanks for chatting with us, to get started could you tell us a bit about Calyx’s current work?

Calyx focuses on three areas: (1) developing a privacy-respecting software ecosystem, (2) bridging the digital divide with affordable internet access, and (3) sustaining our community through grants, and research, and educational initiatives.

We build and maintain a digital ecosystem of free and open-source software (FOSS) centering on CalyxOS, an Android operating system that encrypts communications, combats invasive metadata collection, and protects users from geolocation tracking. The Calyx Internet Membership Program offers mobile hotspots so people have a way to stay connected despite limited resources or a lack of viable alternatives. Finally, Calyx actively engages with diverse stakeholder groups to build a shared understanding of privacy and expand digital-security literacy and provide grants to directly support aligned organizations. By partnering with our peers, funders, and service providers, we hope to drive collective action toward a privacy-and-rights-respecting future of technology.

Calyx projects work with a wide range of technologies. What are some barriers Calyx runs into in this work?

Our biggest challenge is one shared by many tech communities, particularly FOSS advocates: it is difficult to balance privacy and security with usability in tool development. On the one hand, the current data-mining business model of the tech sector makes it extremely hard to provide FOSS solutions to proprietary tech while keeping the tool intuitive and easy to use. On the other, there is a general lack of momentum for funding and growing an alternative digital ecosystem.

As a result, many digital rights enthusiasts are left with scarce resources and a narrow space within which to work on technical solutions. We need more people to work together and collectively advocate for a privacy-respecting tech ecosystem that cares about all communities and does not marginalize anyone.

Take CalyxOS, for example. Before it became a tangible project, our founder Nick spent years thinking about an alternative mobile operating system that put privacy first. Back in 2012, Nick spoke to Moxie Marlinspike, the creator of the Signal messaging app, about his idea. Moxie shared several valid concerns that almost led Nick to stop working on it. Fortunately, these warnings, which came from Moxie’s experience and success with Signal, made Nick even more determined, and he recruited an expert global team to help realize his idea.

What do you see as the role of technologists in defending civil liberties with local communities?

Technologists are enablers—they build tools and technical infrastructures, fundamental parts of the digital ecosystem within which people exercise their rights and enjoy their lives. A healthy digital ecosystem consists of technologies that liberate people. It is an arena where people willingly and actively connect and share their expertise, confident in the shared protocols that protect everyone’s rights and dignity. That is why Calyx builds and advocates for people-centered, privacy-focused FOSS tools.

How has Calyx supported folks in NYC? What have you learned from it?

It’s a real privilege to be part of the NYC tech community, which has such a wealth of technologists, policy experts, human rights watchdogs, and grassroots activists. In recent years, we joined efforts led by multiple networks and organizations to mobilize against unjustifiable mass surveillance and other digital threats faced by millions of people of color, immigrants, and other underrepresented groups.

We’re particularly proud of the support we provided to another EFA member, Surveillance Technology Oversight Project, on the Ban the Scan campaign to ban facial recognition in NYC, and CryptoHarlem to sustain their work bringing digital privacy and cybersecurity education to communities in Harlem and beyond. Most recently, we funded Sunset Spark—a small nonprofit offering free education in science and technology in the heart of Brooklyn—to develop a multipurpose curriculum focused on privacy, internet infrastructure, and the roles of the public and private sectors in our digital world.

These experiences deeply inspired us to shape a funding philosophy that centers the needs of organizations and groups with limited resources, helps local communities break barriers and build capacity, and grows reciprocal relationships between each member of the community.

You mentioned a grantmaking program, which is a really unique project for an EFA member. Could you tell us a bit about your theory of change for the program?

Since 2020, the Calyx Institute has been funding the development of digital privacy and security tools, research on mass surveillance systems, and training efforts to equip people with the knowledge and tools they need to protect their right to privacy and connectivity. In 2022, Calyx launched the Fusion Center Research Fund to aid investigations into law enforcement harvesting of personal data through intelligence-sharing centers. This effort, with nearly $200,000 disbursed to grantees, helped reveal the deleterious impact of surveillance technology on privacy and freedom of expression.

These efforts have led to the Sepal Fund, Calyx’s pilot program to offer small groups unrestricted and holistic grants. This program will provide five organizations, collectives, or projects a yearly grant of up to $50,000 for a total of three years. In addition, we will provide our grantees opportunities for professional development, as well as other resources. Through this program, we hope to sustain and elevate research, tool development, and education that will support digital privacy and defend internet freedom.

Could you tell us a bit about how people can get involved?

All our projects are, at their core, community projects, and we welcome insights and involvement from anyone to whom our work is relevant. CalyxOS offers a variety of ways to connect, including a CalyxOS Matrix room and GitLab repository where users and programmers interact in real time to troubleshoot and discuss improvements. Part of making CalyxOS accessible is ensuring that it’s as widely available as possible, so anyone who would like to be part of that translation and localization effort should visit our weblate site.

What does the future look like for Calyx?

We are hoping that the future holds big things for us, like CalyxOS builds on more affordable and globally available mobile devices so that people in different locations with varied resources can equally enjoy the right to privacy. We are also looking forward to updating our visual communication—we have been “substance over style” for so long that it will be exciting to see how a refreshed look will help us reach new audiences.

Finally, what’s your “moonshot”? What’s the ideal future Calyx wants to build?

The Calyx dream is accessible digital privacy, security, and connectivity for all, regardless of budget or tech background, centering communities that are most in need.

We want a future where everyone has access to the resources and tools they need to remain securely connected. To get there, we’ll need to work on building a lot of capacity, both technological and informational. Great tools can only fulfill their purpose if people know why and how to use them. Creating those tools and spreading the word about them requires collaboration, and we are proud to be working toward that goal alongside all the organizations that make up the EFA.

Our thanks to the Calyx Institute for their continued efforts to build private and secure tools for targeted groups, in New York City and across the globe. You can find and support other Electronic Frontier Alliance affiliated groups near you by visiting eff.org/fight.

ロシアによるウクライナ侵攻開始から３年間でウクライナ側は４万５０００人以上の兵士が亡くなり、１万２０００人を超える市民の命も失われた。犠牲者があまりに多く、普段の報道では一人ひとりの死に光が当たることは少ない。本号では戦 […]

　伊藤詩織さんが監督した『Black Box Diaries』（以下、ＢＢＤ）の日本公開が決まらない。上映は57の国と地域に広がり、米国のサンダンス映画祭でお披露目されて１年２カ月がたつ。米アカデミー賞の長編ドキュメンタ […]

国内では未公開ながら、その手法も含めてさまざまな議論の只中にある『Black Box Diaries』。事件のあった２０１５年４月のあの日からもうすぐ10年──。パリからリモートでいまの思いを語ってもらった。 伊藤詩織・ […]

ドキュメンタリー作家であり、本年度ベルリン国際映画祭ドキュメンタリー賞の審査員も務めた想田監督は、映画が持つ力の大きさゆえに、作り手には高い倫理、誠実さ、透明性が必要だと語る。 　映画界、とくにドキュメンタリーの世界は狭 […]

　東京都の公立学校で働いてきたスクールカウンセラー（ＳＣ）が不当な雇い止めを受けたとして、都に対し職員としての地位確認と損害賠償などを求めた訴訟が東京地裁で進行中だ。２月15日夕刻、裁判を支援する労組の主催による「原告を […]