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EFF's Deeplinks Blog: Noteworthy news from around the internet
Updated: 6 min 32 sec ago

Triple Header for Privacy’s Defender in New York

Fri, 04/03/2026 - 7:15pm

You’re invited on a journey inside the privacy battles that shaped the internet. EFF’s Executive Director Cindy Cohn has tangled with the feds, fought for your data security, and argued before judges to protect our access to science and knowledge on the internet.

Join Cindy at three events in New York discussing her bestselling new book: Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance, on sale now. All proceeds from the book benefit EFF. Find the full event details below, and RSVP to let us know if you can make it.

April 20 - With Women in Security and Privacy (WISP)

Join Women in Security and Privacy (WISP) and EFF for a conversation featuring American University Senior Professorial Lecturer Chelsea Horne and EFF Executive Director Cindy Cohn as they dive into data security, Federal access to data, and your digital rights.


Privacy's Defender with WISP
Kennedys
22 Vanderbilt Avenue, Suite 2400, New York, NY 10017
Monday, April 20, 2026
6:00 pm to 8:00 pm
REGISTER NOW


April 21 - With Julie Samuels at Civic Hall

Join Tech:NYC President and CEO Julie Samuels, in conversation with EFF Executive Director Cindy Cohn for a discussion about Cindy's work, her new book, and what we're all wondering: Can have private conversations if we live our lives online?


Privacy's Defender at Civic Hall
Civic Hall
124 E 14th St, New York, NY 10003
Tuesday, April 21, 2026
6:00 pm to 9:00 pm
REGISTER NOW


April 23 - With Anil Dash at Brooklyn Public Library

Join antitech Principal & Cofounder Anil Dash, in conversation with EFF Executive Director Cindy Cohn to discuss Cindy's new book: Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance.


Privacy's Defender at Brooklyn Public Library
Brooklyn Public Library - Central Library, Info Commons Lab
10 Grand Army Plz 1st floor, Brooklyn, NY 11238
Thursday, April 23, 2026
6:00 pm to 7:30 pm
REGISTER NOW


"Privacy’s Defender is a compelling account of a life well lived and an inspiring call to action for the next generation of civil liberties champions."
~Edward Snowden, whistleblower; author of Permanent Record

Can't make it? Look for Cindy at a city (or web connection) near you! Find the latest tour dates on the Privacy’s Defender hub or follow EFF for more.

Part memoir and part legal history for the general reader, Privacy’s Defender is a compelling testament to just how much privacy and free expression matter in our efforts to combat authoritarianism, grow democracy, and strengthen human rights. Thank you for being a part of that fight.

Want to support the cause and get a copy of the new book? New or renewing EFF members can preorder one as their annual gift!

The FAA’s “Temporary” Flight Restriction for Drones is a Blatant Attempt to Criminalize Filming ICE

Fri, 04/03/2026 - 6:25pm

Legal intern Raj Gambhir was the principal author of this post.

The Trump administration has restricted the First Amendment right to record law enforcement by issuing an unprecedented nationwide flight restriction preventing private drone operators, including professional and citizen journalists, from flying drones within half a mile of any ICE or CBP vehicle.

In January, EFF and media organizations including The New York Times and The Washington Post responded to this blatant infringement of the First Amendment by demanding that the FAA lift this flight restriction. Over two months later, we’re still waiting for the FAA to respond to our letter.

The First Amendment guarantees the right to record law enforcement. As we have seen with the extrajudicial killings of George Floyd, Renée Good, and Alex Pretti, capturing law enforcement on camera can drive accountability and raise awareness of police misconduct.

A 21-Month Long “Temporary” Flight Restriction?

The FAA regularly issues temporary flight restrictions (TFRs) to prevent people from flying into designated airspace. TFRs are usually issued during natural disasters, or to protect major sporting events and government officials like the president, and in most cases last mere hours.

Not so with the restriction numbered FDC 6/4375, which started on January 16, 2026. This TFR lasts for 21 months—until October 29, 2027—and covers the entire nation. It prevents any person from flying any unmanned aircraft (i.e., a drone) within 3000 feet, measured horizontally, of any of the “facilities and mobile assets,” including “ground vehicle convoys and their associated escorts,” of the Departments of Defense, Energy, Justice, and Homeland Security. Violators can be subject to criminal and civil penalties, and risk having their drones seized or destroyed.

In practical terms, this TFR means that anyone flying their drone within a half mile of an ICE or CBP agent’s car (a DHS “mobile asset”) is liable to face criminal charges and have their drone shot down. The practical unfairness of this TFR is underscored by the fact that immigration agents often use unmarked rental cars, use cars without license plates, or switch the license plates of their cars to carry out their operations. Nor do they provide prior warning of those operations.

The TFR is an Unconstitutional Infringement of Free Speech

While the FAA asserts that the TFR is grounded in its lawful authority, the flight restriction not only violates multiple constitutional rights, but also the agency’s own regulations.

First Amendment violation. As we highlighted in the letter, nearly every federal appeals court has recognized the First Amendment right of Americans to record law enforcement officers performing their official duties. By subjecting drone operators to criminal and civil penalties, along with the potential destruction or seizure of their drone, the TFR punishes—without the required justifications—lawful recording of law enforcement officers, including immigration agents.  

Fifth Amendment violation. The Fifth Amendment guarantees the right to due process, which includes being given fair notice before being deprived of liberty or property by the government. Under the flight restriction, advanced notice isn’t even possible. As discussed above, drone operators can’t know whether they are within 3000 horizontal feet of unmarked DHS vehicles. Yet the TFR allows the government to capture or even shoot down a drone if it flies within the TFR radius, and to impose criminal and civil penalties on the operator.

Violations of FAA regulations. In issuing a TFR, the FAA’s own regulations require the agency to “specify[] the hazard or condition requiring” the restriction. Furthermore, the FAA must provide accredited news representatives with a point of contact to obtain permission to fly drones within the restricted area. The FAA has satisfied neither of these requirements in issuing its nationwide ban on drones getting near government vehicles.

EFF Demands Rescission of the TFR

We don’t believe it’s a coincidence that the TFR was put in place in January 2026, at the height of the Minneapolis anti-ICE protests, shortly after the killing of Renée Good and shortly before the shooting of Alex Pretti. After both of those tragedies, civilian recordings played a vital role in contradicting the government’s false account of the events.

By punishing civilians for recording federal law enforcement officers, the TFR helps to shield ICE and other immigration agents from scrutiny and accountability. It also discourages the exercise of a key First Amendment right. EFF has long advocated for the right to record the police, and exercising that right today is more important than ever.

Finally, while recording law enforcement is protected by the First Amendment, be aware that officers may retaliate against you for exercising this right. Please refer to our guidance on safely recording law enforcement activities.

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