Cindy Cohn, 2022

Cindy Cohn

Executive Director

Cindy Cohn is the Executive Director of the Electronic Frontier Foundation. From 2000-2015 she served as EFF’s Legal Director as well as its General Counsel.  Ms. Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. 

Ms. Cohn has been named to TheNonProfitTimes 2020 Power & Influence TOP 50 list, honoring 2020's movers and shakers.  In 2018, Forbes included Ms. Cohn as one of America's Top 50 Women in Tech. The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2013, noting: "[I]f Big Brother is watching, he better look out for Cindy Cohn." She was also named in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online."  In 2007 the National Law Journal named her one of the 50 most influential women lawyers in America. In 2010 the Intellectual Property Section of the State Bar of California awarded her its Intellectual Property Vanguard Award and in 2012 the Northern California Chapter of the Society of Professional Journalists awarded her the James Madison Freedom of Information Award.  

Ms. Cohn is the co-host of EFF's award winning podcast, How to Fix the Internet.  

Issues that Ms. Cohn currently handles

Privacy Act Claims Against DOGE: Ms. Cohn is part of the legal team seeking to stop the disclosure of sensitive personal information of government employees held at the Office of Personnel Management to agents of DOGE, in violation of the Privacy Act and creating severe security risks. 

Surveillance technologies internationally: Ms. Cohn has worked to free up communications and other human-rights supportive technologies from U.S. government export control and to draw attention to the problems caused by the sale of surveillance technologies to repressive regimes around the world.

Background

Ms. Cohn is a graduate of the University of Michigan Law School. She did her undergraduate studies at the University of Iowa and the London School of Economics. For 10 years prior to joining the EFF, she was a civil litigator in private practice handling technology-related cases. Before starting private practice, she worked for a year at the United Nations Centre for Human Rights in Geneva, Switzerland. Ms. Cohn also served as counsel to the plaintiffs in Bowoto v. Chevron, two lawsuits in San Francisco arising from Chevron's involvement in human rights abuses against environmental protesters in Nigeria.

Past issues

NSA Spying: Ms Cohn served as counsel in Jewel v. NSA,  and First Unitarian Church v. NSA, each seeking to stop dragnet warrantless surveillance of millions of ordinary Americans.   Ms. Cohn also served as coordinating counsel for over forty national class action lawsuits against the telecommunications carriers and the government seeking to stop the warrantless surveillance. EFF filed the first such case, Hepting v. AT&T, in 2006 against telecom giant AT&T for violating its customers' privacy. Ms. Cohn is considered one of the experts in the legal issues arising from the secretive government spying programs work. For example, she contributed an article to the Yale Law Journal on "Protecting the Fourth Amendment in the
Information Age."

In re National Security Letter: EFF represented service providers who brought challenges the National Security Letter statute, which was dramatically expanded as part of the USA Patriot Act, including placing broad and permanent gag orders on providers.  In part due to the litigation, Congress and the Executive scaled back the impact of the gag orders. EFF previously represented the Internet Archive in a similar challenge in 2007, which was ended after the government withdrew the request and lifted the gag order.

CFAA Reform: Ms. Cohn worked to reform the Computer Fraud and Abuse Act in light of the tragic death of Internet activist Aaron Swartz.

Electronic Voting: Ms. Cohn Coordinated national litigation strategy for electronic voting machines and assisted technologists and others who are concerned about the security and accountability of those. EFF's projects included assisting grassroots activists nationwide in considering and bringing legal challenges to insecure voting machines,filing amicus briefs in support of activists nationwide, including in litigation in Maryland, California, Texas, Ohio and New Jersey, assisting members of IEEE working groups, advising those engaged in the political and legal discussions on those issues, advising technologists who wished to do research in this area.

Anonymity or John Doe cases: Ms. Cohn represented anonymous speakers in a variety of cases, including bringing In re 2TheMart.com, which helped established core legal standards for protecting the identity of online speakers sought by civil subpoena.

Misuse of Copyright Infringement notices (DMCA 512(f)): Ms. Cohn argued the OPG v. Diebold case where e-voting machine manufacturer Diebold was held liable for sending out unfounded cease and desist notices to ISPs in an effort to stop public discussion of the flaws in its electronic voting machines evidenced in a published internal e-mail archive.

Sony BMG DRM case: Represented a national class action in suing Sony BMG for placing dangerous DRM on customers' computers, as well as raising claims about Sony BMG's overreaching EULA (end user license agreement).

Email Address: 
Phone: 
+1 415 436 9333 x108
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