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Last June during Pride, we launched a new initiative—LGBT Q&A—where we answered your most pressing queer-related digital rights questions on EFF’s Instagram and TikTok accounts. No question was too big or too small! You asked us things like what pictures to use on dating apps; how to remove your name from internet searches; why homophobic content doesn’t get removed after you report it; and how to stay safe at Pride marches.

And this year, we’re doing it all again. 

Both online and offline, LGBTQ+ individuals and the fight for queer liberation are under threat; and the need for guidance and protection from prying eyes and oppressive structures is increasingly pertinent. This is particularly true for those of us who face consequences when intimate details around gender or sexual identities are revealed without consent. 

But we know that it can feel overwhelming to even start thinking about how you can protect yourself online in the face of these issues. That’s why this Pride, we’re answering all your digital rights questions. 

How to submit your questions?

• If you would like to remain anonymous and away from social platforms, you can submit questions via this secure link. 
• Head to EFF’s Reddit or the r/LGBTQ subreddit and submit your questions underneath the posts. 
• Your questions can also be submitted under the linked posts on EFF’s Instagram and TikTok, as well as on our stories where you can submit questions directly. 
• If you prefer Mastodon and Bluesky, comment your questions under the linked posts. 

As always, we will not engage with comments that discriminate against marginalized groups, including the LGBTQ+ community.

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

In a voice vote earlier this week, the House of Representatives passed H.R. 6028, the “Legislative Branch Agencies Clarification Act.” The legislation is presented as a technical reorganization of some government agencies, but it’s much more than that. 

H.R. 6028 would fundamentally change the U.S. Copyright Office, and not in a good way. The bill removes the Library of Congress’ current supervisory role over the Copyright Office, transfers several powers directly to the Register of Copyrights, and makes the Register a presidential appointee, confirmed by the Senate. 

These changes would make an office that’s already hugely influential in copyright and tech policy much more political. EFF first explained why that’s a terrible idea when it came up nearly a decade ago. This bill, like the older one, weakens the few public-interest checks and balances that do exist.  We hope the Senate promptly rejects this bill. 

The Copyright Office Doesn’t Need More Politics—Or More Power

The Copyright Office’s main responsibilities are administrative and advisory. It registers copyrights, maintains records, grows the Library of Congress’s collections, and provides expertise to Congress on copyright law. But over the past two decades, the Office has also become increasingly influential in copyright policy debates that affect free expression, libraries, educators, competition—and everyday internet users. Unfortunately, it has not been a neutral advocate. The office’s recent report on the role of AI severely bungled the issue of fair use, prioritizing private licensing market “solutions” over user rights. 

Going further back, the Copyright Office supported one of the most infamous anti-internet proposals of all time—the Stop Online Piracy Act (SOPA), a disastrous internet censorship proposal that sparked one of the largest online protests in history. The Office has repeatedly advanced positions that favored large entertainment-industry interests over the public interest.

The Office also plays a major role in the Digital Millennium Copyright Act (DMCA) Section 1201 rulemaking process, which determines when the public may lawfully bypass digital locks for activities such as security research, repair, preservation, or accessibility. EFF has used this process repeatedly to mitigate some of the worst harms of the DMCA. H.R. 6028 would move rulemaking authority over 1201 from the Librarian of Congress to the Register of Copyrights, further consolidating power within the Copyright Office itself.

The bill also makes the Register of Copyrights a presidential appointee confirmed by the Senate. Each administration will be pressured to pick nominees aligned with their own policy preferences, and the powerful copyright owning industries will invest even more heavily in lobbying to get their way, and influence the selection. This position should be focused on administrative ability and actual expertise, not lobbying and politics. 

The Copyright Office Should Stay Connected To The Library of Congress

H.R. 6028 would do more than change who appoints the Register of Copyrights. It would sever the Copyright Office from Library of Congress supervision and transfer many Librarian powers directly to the Register. 

The supervisory relationship exists for good reason, as the nation’s libraries have pointed out for years. The Library, while far from perfect, at least has the mission of preserving and providing access to knowledge. That should be an important public-interest counterweight in copyright debates. Congress has not explained how weakening the ties between the Library and the Copyright Office would serve the public better, or even seriously inquired about it. 

This Bill Was Rushed Through

Back in March, EFF joined Public Knowledge, the Center for Democracy and Technology, library organizations and tech groups, urging Congress not to fast-track this legislation. We told them changes to the Copyright Office will have major consequences for the “speech rights, educational opportunities, and creative freedoms of all Americans.” 

Yet Congress moved forward without any hearings on the bill, and without meaningful examination. H.R. 6028 creates a years-long separation of the Copyright Office from the Library of Congress, transfers significant legal authority, and restructures the appointment process for the nation’s top copyright official. Changes like that deserve hearings, debate, and public scrutiny. H.R. 6028 got none of that. 

The Senate Should Stop This Bill

Copyright law exists to serve the public and “promote the progress” of science and learning. The institutions that administer copyright law should do the same. 

H.R. 6028 would move the Copyright Office further away from that goal. Congress should be strengthening public-interest oversight of copyright policymaking, not looking for ways to concentrate more authority in a single presidentially appointed official. 

The Senate should reject H.R. 6028. The Copyright Office should serve the public—not presidential administrations, and not industry lobbyists. 

For months now, Congress has been kicking the ball down the road—temporarily postponing the expiration of the mass surveillance authority Section 702 of FISA in hopes that some consensus could be reached. Now, with the deadline looming, the stakes have never been higher. Nearly every time the statute has come up for renewal, the people demanding privacy and civil liberties have had to compromise, but with current negotiations seemingly at  an impasse, it’s time for surveillance maximalist lawmakers to come to the table. 

We say to the Intelligence Community crowd: Section 702 should require a warrant before the Federal Bureau of Investigation can look at digital communications collected from Americans. If not, we should let the whole thing expire.

This is a serious proposition. The intelligence community can keep a useful national security surveillance tool if and only if they make FBI agents get a warrant signed by a judge before they sift through and read out private communications. A warrant requirement is not the only demand EFF has been making for changing Section 702, but it is the most important reform and it should happen before there is any more reauthorization of the policy. 

For too long, the FBI has been able to piggyback on a major national security tool as an unconstitutional backdoor way of reading Americans’ communications. 702 collects communications going to, from, or between people in other countries—including when they are contacted by people in the United States. Mass surveillance is just that—mass. It’s lacking any of the individualized suspicion that our legal system is based on. 

Take action

TELL congress: 702 Needs Reform

So, what’s been happening?

On one side are surveillance hawks and intelligence community-devotees who think the mass surveillance of Americans is an acceptable, even valuable, product of this authority. This bipartisan coalition of privacy deniers think that 702 should be extended without any change, and they seem to be willing to let the authority expire rather than compromise with the lawmakers and public that are demanding common-sense reforms. They’ve been given a number of chances to pass bills that would implement some key incremental reforms, but those opportunities have not moved the needle. 

On the other side of the debate is a bipartisan coalition of people who understand that this authority can no longer operate as is. Section 702 is rife with problems, loopholes, and compliance issues that need fixing. The National Security Agency collects full conversations being conducted by and with overseas targets—including conversations by and with Americans in the U.S.—and stores them in massive databases. The NSA then allows other agencies, specifically the FBI, to access untold amounts of that information. In turn, the FBI takes a “finders keepers” approach to this data: they reason that since it’s already collected under one law, it’s OK for them to see it. If the FBI wanted to get that data on their own, it would require them to get a warrant signed by a judge certifying that there is probable cause. Instead, under current practice, the FBI can query and even read the U.S. side of that communication without a warrant. What’s more, victims of this surveillance won’t know and have very few ways of finding out that their communications have been surveilled.

Complicating this matter more is that the Trump administration has announced Bill Pulte as the new Director of National Intelligence, whose job it will be to oversee and direct U.S. intelligence agencies. This is particularly concerning because of Pulte’s history of using private information held by the government as a political weapon. In his FHFA role, he has accused several of the President’s political foes and targets—including New York State Attorney General Letitia James, U.S. Sen. Adam Schiff, D-Calif., and Federal Reserve governor Lisa Cook—of mortgage fraud based on private data held by his agency. Because of his looming appointment, many Democrats have vowed not to reauthorize Section 702 unless he is removed from the position. They shouldn’t stop there—they should use that leverage to demand a warrant requirement. The integrity of the people in charge of a program should not be the only thing that stands between Americans and violations of their civil liberties. 

What happens if 702 expires? 

As the New York Times reports, “The law, however, has a built-in safety net for a temporary lapse that allows the surveillance program to endure until annual certifications issued by the nation’s intelligence court expire, though such a scenario could invite legal challenges. The court recertified the program in March, meaning the N.S.A. could continue to operate the program through March 2027 even if the statute were to expire.” 

If Section 702 does stay expired past March 2027, the United States government will likely revert to using other programs and authorities to justify the surveillance of overseas national security targets, namely 12333, a shadowy executive order from the 1980s that gives the U.S. government nearly unlimited power to spy on people overseas.  Even if this does come to pass, standing our ground on warrant requirements and allowing Section 702 to expire  is important for several reasons. First, just because the government continues surveillance under a different authority does not mean it is legally justified in doing so—this was the lesson of the post 9/11 Presidential Surveillance Program, which was only retroactively immunized by Congress. Second, seeing how the government responds to the end of Section 702 might give us opportunities to push for transparency in other parts of information collection and better understand how the inner workings of the intelligence apparatus pivot and adapt as new legal authorities take precedence. 

Where do we go from here? 

Every few years, for almost two decades now, we’ve been fighting to reform Section 702 so that it will no longer enable the warrantless mass surveillance of Americans. A bipartisan coalition in Congress supports this goal, but the White House and Congressional leadership won’t listen. It’s past time we make at least one serious reform to a mass surveillance law that has been abused for decades. Tell your elected official: Put a warrant requirement in Section 702 or let it expire.

Take action

TELL congress: 702 Needs Reform