Privacy News Highlights
23 February—01
March 2007
Contents:
US – Airport
Scanner That Sees Through Clothes Tested at Arizona SHIA
EU – From Schengen to Prüm: Data Protection under 3rd
pillar a Prerequisite
CA – Canada Rejects Anti-Terror Laws
CA – PIAC Publishes Report on National
Identity Cards, Biometrics and the Consumer
CA – PIAC Publishes Report “RFID and
Privacy: Shopping into Surveillance”
CA – PIAC Publishes Report: “Spyware:
Looking Out for Consumers”
CA – Canadian Privacy Commissioner Rules on
Domain Name ID Disclosure
WW – New Ad Technology Might Keep Tabs on Consumers
US – New Zealand Passes Anti-Spam Law
US – Accenture Study: Patients Favor Doctors that Use
Electronic Medical Records
EU – Governments Seek Stricter Rules Against Online
Anonymity
EU – Article 29 Working Party Adopts Transparency
Declaration
EU – Hustinx: Increased Europol Powers Need Increased
Data Protection Policies
US – One-Third of Net Users in U.S. Have Used Wireless
US – CDT Analyzes Data Retention, Other Proposals for
Protecting Kids Online
EU – SWIFT Sides With US in Data Spat With EU
US – Banks Look To Bolster Data Security
US – Federal Health IT Advisory Group Member Resigns over
Lack of Privacy Progress
US – Data Thieves Hit Stop & Shop, Card Readers
Tampered With, PIN Numbers Stolen
US – TJX Says Customer Data Breach Began In 2005
CA – Canada/U.S. Partnership Calls For
Exploration of Passport Options
CA – New Ontario Licence May Double As
Passport
WW – Bandit and Higgins Projects Bridge Multiple Identity
Systems
US – Extortion Charges Dropped as Two Take Deal in
Myspace Case
CA – RCMP Seeks Easier Access to Personal
Information
US – FTC Report: Law Protects Children’s Privacy
WW – Bebo and MySpace Teens Confused Over Privacy: Survey
US – White House Set to Release REAL ID Requirements
US – Lawmaker Probes TSA Website Gaffe
US – Report Raps Congress’s Web sites
WW – RFID Security Broken: Company Muzzles Security
Researcher
US – Consumer Group Offers New Materials for Understanding
RFID
JP – Hitachi Unveils World’s Tiniest RFID “Powder” Tag
US – Wisconsin Lawmakers Revise Policy in Wake of Data
Theft
US – U.S. agency CIOs: IT Security Remains Top Concern
WW – Tor Open to Attack: Report
WW – Second Google Desktop Attack Reported.
AU – Australia Access Card Will Be Forged, Says MP
AU – No Headscarf for Australian Access Card Photo
AU – Australian Government Could Tighten Access Card Laws
AU – Haste Needed on Card, says Australia Government
US – Privacy Concerns a Major Roadblock for
Location-based Services: Survey
US – EFF Suit Demands Details on Secret Court’s Wiretap
Ruling
EU – EU Moves Forward on Regulation of Electronic
Communications
US – New DHS Profiling Program Raises Privacy Concerns
US – Six Additional State Data Security Breach
Notification Laws Effective in 2007
US – Mass. Bill Would Require Stores to Pay for Data
Breaches
US – New Jersey Considers New Rules for Online Dating
Sites
CA – Ontario Company Introduces
Pre-Employment Background Checking Service
An X-ray security scanner that can see through
clothing was put into its first operational use last Friday at
One of the main priorities of the current German
presidency, the inclusion of the Prüm’s
Treaty into the EU legal framework, is likely to be achieved before its end
in 30 June 2007. During its last meeting on 15 February the EU
JHA Council agreed on incorporating into EU legislation most of the Treaty
provisions falling into the third pillar. This decision will create the largest
pan-European network of police database, including DNA profiles, fingerprints
and other personal and non personal data. [More]
The Canadian parliament has voted against renewing two
controversial anti-terror measures that had been adopted after the 11 September
attacks. The measures allowed suspects to be detained without charge for three
days and could compel witnesses to testify. The minority Conservative
government accused the opposition Liberals of being soft on terror. The vote
comes days after the Supreme Court revoked a law allowing foreign suspects to
be detained indefinitely. Neither measure has ever been used since they were
brought in by the then ruling Liberals in 2001. [Source]
As
The Public Interest Advocacy Centre (PIAC) has
published a 62-page report on RFID and privacy, concluding that “[a]s RFID
implementation is moving forward quickly, it is recommended that immediate
action be undertaken by the OPCC to provide RFID-specific guidelines which
explain the constraints on the use of the technology for consumer surveillance
and profiling, at least in the absence of very clear, and informed consumer
consent. Ideally, the OPCC should ask that RFID- or surveillance-specific provisions
be added to PIPEDA during the Parliamentary review of the legislation slated
for 2006.” [Source]
[Report]
The Public Interest Advocacy Centre has published a
report on spyware that examines consumer concerns in the Canadian regulatory
context, concluding with “recommendations for a multi-facted approach to
controlling spyware that includes regulation of certain aspects of spyware,
including spyware-specific legislation. [Source]
[Report]
The Privacy Commissioner of
Electronic advertising boards could soon sense how you
react to them and change their display to grab your attention, researchers say.
The developers are negotiating to trial the new advertising technology in
shops. “We have a concept called ‘agile retail’,” Mike Wu said, who is in
charge of the project at government-funded National ICT Australia. “The message
will respond to the body of the customer.” Mr Wu emphasises after the
information is analysed it will be destroyed immediately. Regardless of what
advertisers say will happen to the information after it is collected, some
ethicists are concerned about the new technology. [Source]
The New Zealand Parliament has passed a new anti-spam
law. The Unsolicited Electronic Messages Act 2007 aims to prevent
Doctors looking to attract new patients may want to
buy an electronic medical record system because a new survey released Monday
found that a majority of consumers said the technology plays a role in their
selection of a physician. Only 10% of doctors surveyed said they had the
technology, according to a survey by Accenture, a consulting, technology
services and outsourcing company. 86% of the doctors cited the cost of
implementing and/or maintaining the system as a concern. Physicians also
worried about the time it would take to implement a program and potential
privacy risks for patient information. [Source]
[Source]
[Accenture
Press Release]
The cloak of online anonymity could be lifted in parts
of
The Register this week reported that the Article 29
Working Party has adopted a declaration of transparency. However, the article
pointedly takes aim at the group of European data protection authorities for
its failure to publicly reveal the details of the transparency pledge. The
group has been discussing strategies to better communicate its work for years,
according to this article. [Source]
[summary
of the proceedings]
Peter Hustinx, the European Data Protection Supervisor
(EDPS) considers that the changes on the legal basis of
A survey by the Pew Internet & American Life
Project discovered that 34% of Internet users in the
One in five children is sexually solicited online,
according to a study that U.S. Attorney General Alberto Gonzales cited during a
speech last year. Few would dispute the severity of the problem, but a free
speech and privacy group is scrutinizing several plans to combat it. Congress
has introduced a slew of bills to deal with the problem. Some legislation would
hold technology and communications companies responsible for predatory
activities that take place through their services. Others would increase
funding for safety initiatives focusing on empowering parents and educating
children. The Center for Democracy and Technology has analyzed several of the
proposals to protect children on the Internet and concluded that most would be
ineffective and violate the U.S. Constitution. The privately-funded policy
group says it supports protection of children online, but the best way to do it
is through education and filtering tools -- not through blacklisting, data
retention, or mandatory labeling. [Source]
[CDT
policy analysis]
The Belgian firm stuck in the middle of a
transatlantic spat over the
Eastern Bank this week is requiring an extra measure
of security before customers can access their online accounts. According to
this Patriot Ledger story, the Boston-based bank will require customers to
enter a “pass phrase” that matches an image, in addition to user names and
passwords. This story also explores the efforts of the retail industry to
improve data security. [Source]
The leader of a federal panel charged with providing
privacy recommendations for the national health information network resigned
last week, thwarted, he said, in efforts to develop adequate standards. The
resignation comes amid complaints from others about the speed with which
standards are being written. Paul Feldman, deputy director of the nonprofit
Health Privacy Project, stepped down from his position as co-chair of the
American Health Information Community’s Confidentiality, Privacy, and Security
Workgroup, created in May 2006. In a letter sent Wednesday to 15 members of
Congress, Department of Health and Human Services Secretary Michael Leavitt and
HHS Interim National Coordinator for Health Information Technology Robert
Kolodner, Feldman said the workgroup’s efforts to establish standards for the
nation’s developing healthcare IT network, are “a far cry from a comprehensive
and timely approach that would give privacy policy equal and necessary footing
with interoperability and systems development efforts.” Janlori Goldman,
director of the Health Privacy Project, also signed the letter. “We already
know that the majority of people in this country fear that their health
information is more prone to misuse in electronic form,” Feldman said. “We must
not shirk our duty to protect them from such harm.” [Source]
Quincy, Massachusetts-based Stop & Shop
Supermarkets reports that several of its stores have been hit by thieves who
tampered with checkout-lane card readers in order to steal shoppers’
information. A bank notified Stop & Shop management that fraudulent
purchases had been made using data from cards that had been used for shopping
at its stores. Stop & Shop executives investigated and found that the
keypads shoppers use to submit PIN-based transactions had been broken into,
tampered with, and then reinstalled. Stop & Shop called in the U.S. Secret
Service to help with the investigation, and found tampered keypads at four
additional stores. The bank which had found the fraudulent purchases was not
identified. The stolen data included customer PINs (Personal Identification
Numbers). The thieves had altered the PIN readers to steal the data. Stop &
Shop stated that it had since “bolted down” PIN keypads to prevent any further
breaches. Stop & Shop posted a notice providing information about the
breach on the company’s Web site. [Source]
[Mastercard
Inc.: TJX Companies Not In Compliance With PCI At Time Of Breach]
Retail giant TJX, whose stores include discount
clothing chains T.J. Maxx and Marshalls, said yesterday that a
computer-security breach stretched back 10 months earlier than the company
originally thought, compromising credit and debit card data, drivers’ license
numbers, and names and addresses. TJX said that while it first thought the
intrusion took place from May 2006 to January 2007, it now thinks its computer
system was also hacked in July 2005 and on “various subsequent dates” that
year. [Source]
A group of Canadian politicians, who include Shawn
Graham of New Brunswick, Dalton McGuinty of Ontario, and Gary Doer of Manitoba,
are teaming up with American business leaders to urge the departments of State
(State) and Homeland Security (DHS) to explore alternatives to a passport
before implementing the Western Hemisphere Travel Initiative (WHTI) passport
requirement at land and sea entry points. Three Canadian premiers and leaders
from the American travel industry are concerned that the WHTI will diminish
trade and tourism, cost jobs, and disrupt the daily lives of Canadian and
American citizens if not properly implemented. The group is calling upon State
and DHS to use the extended deadline of June 1, 2009, granted by Congress, to
allow for the development and testing of options other than a passport, and to
ensure that the necessary infrastructure, training and technology are funded
and in place along the Canada-U.S. border. The group is also calling for
greater bilateral co-operation between the two federal governments in exploring
and testing options. [Source] [Secure
Border Initiative: SBInet Planning and Management Improvements Needed to
Control Risks]
The
The Bandit and Eclipse Higgins Projects have announced
the achievement of a key milestone in the development of open source identity
services. Based on working code from the two projects and the larger community
of open source developers, the teams have created a reference application that
showcases open source identity services that are interoperable with Microsoft’s
Windows CardSpace identity management system and enable Liberty Alliance-based
identity federation via Novell Access Manager. This reference application is a
first-of-its-kind open source identity system that features interoperability
with leading platforms and protocols. This ground-breaking work was
demonstrated at the upcoming RSA Conference in
Two
The RCMP is calling for lowering the bar in PIPEDA to
allow greater access to personal information in the course of investigations.
The Act, as it is currently in
force, allows organizations to provide personal information without consent to
law enforcement in certain circumstances where the law enforcement agency has
“lawful authority to obtain the information.” Representatives of the RCMP told a
Parliamentary committee this requirement is the force’s largest single
impediment in child exploitation investigations. The force would like the
ability to get personal information even in circumstances where they don’t have
enough to justify a warrant. The Privacy
Commissioner disagrees. [PIPEDA
Review] [Source]
More than half of teenagers across
The White House is warning Congress not to further
delay or oppose the REAL ID Act, saying the federal effort to tighten security
measures for driver’s licenses came about as a result of a recommendation from
the Sept. 11 Commission. However, states are balking at the unfunded federal
mandate, including the state of
The U.S. House Committee on Oversight and Government
Reform is investigating a Transportation Security Administration Web site that
promised to help air travelers caught up in terrorist watch lists, after a
Wired News blog revealed that the site was potentially exposing user’s personal
information to eavesdroppers. The Traveler Verification Identity Program Web
site was intended to allow domestic airline travelers whose names are similar
to entries on the government’s No Fly List and other watch lists to submit a
complaint online, instead of calling TSA and requesting a form be sent to them
by mail. [Source]
[Source]
[Source]
[Waxman:
Online ‘no-fly’ list endangers privacy] [DHS Launches
Traveler Redress Inquiry Program]
In the past, Web sites kept by congressional offices
haven’t enjoyed the most gleaming track record for fulfilling visitor privacy
expectations or even staying online. Now a new report has attempted to quantify
and catalogue who is and isn’t getting it right. In its “2006
Gold Mouse Report: Recognizing the Best Sites on Capitol Hill“ released this
week, the Congressional Management Foundation, a 30-year-old non-profit
organization that bills itself as “dedicated to promoting a more effective
Congress,” reaches one major conclusion: The quality of congressional Web
sites, in general, is “disappointing.” Among the findings are that about half of
the House Web sites and 73% of the Senate Web sites post privacy statements.
Less than half of House Web sites and 62% of Senate Web sites post a privacy
statement on every page. Much of this year’s 100-page document is also devoted
to a series of seemingly common-sense do’s and don’ts for congressional Web
managers. Among the advice: “Don’t fail to keep your information fresh and
updated” and do “Foster trust in your Web site by protecting citizens’ privacy.”
[Source]
New research into security vulnerabilities in RFID
access cards made by technology giant HID Global has been pulled from the lineup
at an East Coast security conference this week. Researchers from Seattle-based
security provider IOActive were planning to detail a technique they developed
to clone the credentials stored on certain RFID cards made by HID. A criminal
could use such a device to copy an electronic door key and gain access to
secured areas. “The concepts behind this attack are not new. Indeed, most of
our efforts in validating the effectiveness and ease of this attack involved
reviewing research already performed by others in this area,” said IOActive
president Joshua Pennell. The company was expected to present the findings
Wednesday at the Black Hat Federal security conference in
The National Consumers League, the oldest consumer
advocacy group in the
The world’s smallest RFID tags have been unveiled by
Japanese electronics firm
As a result of a Jan. 31 data theft affecting 109
legislative representatives and staff members, the Wisconsin Legislature
enacted a new policy that prohibits legislative employees from taking documents
that contain sensitive personal information away from the office. Employees who
violate the policy face possible termination. [Source]
IT security is at the top of the priority list for
An anonymous Slashdot reader writes “A group of
researchers have written a paper that lays out an attack against Tor (PDF) in enough detail to cause
Roger Dingledine a fair amount of heartburn. The essential avenue of attack is
that Tor doesn’t verify claims of uptime or bandwidth, allowing an attacker to
advertise more than it need deliver, and thus draw traffic. If the attacker
controls the entry and exit node and has decent clocks, then the attacker can
link these together and trace someone through the network.” [Source]
Google Desktop is vulnerable to a Web-based attack
that could give an attacker access to data indexed by the software, say
security researchers. [Source]
The government’s controversial new access card will
undoubtedly be forged, a Liberal backbencher says. Queensland MP Steven Ciobo’s
comments, made in parliament, are at odds with the government’s claim that the
card is a solution to welfare fraud. “I have no doubt that the access card will
and can be fraudulently reproduced in the future,” Mr Ciobo said. “The notion
that in some way this card is unable to be forged is wrong, it of course can be
and will be forged and in that respect, production of the access card as a form
of identity verification is of no consequence whatsoever.” Mr Ciobo was
refuting suggestions the access card could become a national identity card, one
of a number of issues Labor raised as debate on the card began in parliament. [Source] [Hacking new smartcard ‘not
impossible’]
Muslim women who wear headscarves will have to make
sure their face is fully visible when they have a photograph taken for the
government’s new access card. The proposed system will replace the Medicare
card and be compulsory for any Australian who wants to access up to 16 other
government health and welfare services. In its submission to a Senate inquiry
examining the access card legislation, which is currently before parliament,
the government provided examples of a how a photograph would be taken of a
person wearing a headscarf. [Source]
Human Services Minister Ian Campbell has left open the
possibility of tightening laws protecting the privacy of people using the
federal government’s new access card. The introduction of the card passed its
first parliamentary hurdle in the lower house last week and will now go to the
Senate for approval. Amid continuing concerns about its privacy implications,
Senator Campbell said current laws could be tightened if the new smart card was
abused. “I am very keen to ensure that all Australians know that their privacy
will be protected ... I retain an open mind in terms of enhancing privacy
around the use of the card,” Senator Campbell told parliament. [Source]
The Access Card Bill must be passed immediately to “provide
certainty for contract negotiations” for procurement of critical elements of
the system, the Australian federal Government has said. “If passage of the Bill
were to be significantly delayed, this would reduce the time available to
properly implement the new system (to meet the Government’s 2008 deadline for
the start of registration),” the Government says in a submission to the Senate
inquiry into the scope and purposes of the card. “This could jeopardise contract
negotiations and would not allow adequate time to fully inform the Australian
community of these important changes. “Nor would there be sufficient time to
put in place the necessary infrastructure and administrative arrangement, given
these are dependent on the legal framework being in place.” A tender process is
currently underway for the first two contracts - systems integrator and cards
issuance. [Source]
Results of a survey released last week by Harris
Interactive shows that most
A privacy rights group sued the Justice Department
this week to try to pry loose a ruling by a secret court that the Bush
administration says approved its clandestine wiretapping program. The suit, if
it succeeds, should answer an important question about the future of the
program: whether the court will require individual warrants, with specific evidence,
before allowing the government to intercept phone calls and e-mails between
Americans and alleged terrorists in foreign countries. [Source]
[AT&T Can
Continue Hiding Surveillance Secrets]
The EU’s Telecom and Media Commissioner Viviane
Reding, and Roberto Viola, chairman of the European Regulators Group (ERG),
released a joint statement yesterday following a meeting on reform of the EU’s
regulatory framework for electronic communications. The statement says that the
regulatory framework -- expected to take effect by 2010 -- will enable the development
of pan-European and cross-border services. It goes on to say that the ERG will
be transformed into a “federal system” of national regulators, possibly modeled
on the European system of central Banks. A letter by the ERG to the Commission
said:”If
The Department of Homeland Security is testing a
data-mining program (Analysis, Dissemination, Visualization, Insight and
Semantic Enhancement – ADVISE ) that would attempt to spot terrorists by combing
vast amounts of information about average Americans, such as flight and hotel
reservations. Similar to a Pentagon program killed by Congress in 2003 over
concerns about civil liberties, the new program could take effect as soon as
next year. But researchers testing the system are likely to already have violated
privacy laws by reviewing real information, instead of fake data, according to
a source familiar with a congressional investigation into the $42.5 million
program. [Source]
With heightened awareness of the value and
vulnerability of personal and financial information collected by businesses and
governments, more states are enacting legislation to require consumer notification
when there are security breaches involving this information. In 2006, 35 states
and the
Businesses would have to reimburse banks for costs
stemming from data security breaches, under a
Amid growing concern about child safety on the
computer,
ISB Corporate Services, announces VST-CHECK, a
volunteer, teacher, social worker [domestic caregiver, and other employee]
background checking service. VST-CHECK is a reduced-rate, hassle-free way to
obtain Criminal Record Checks, Vulnerable Sector Checks, Driver Record Checks
and more for volunteers and workers. The company offers various ‘packages’ of
Canadian and
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