Privacy News Highlights

18–24 May 2007

 

Contents:

US – FBI to Upgrade Biometric System.. 2

CA – UVic Prof Seeks to End LSAT Fingerprinting. 2

UK – Outrage Over UK Call to Add Newborns to DNA Database. 2

EU – German Authorities Use Scent Tracking to Keep Tabs on G-8 Protesters. 2

CA – Parliamentary Privacy Report a Major Disappointment (Geist Op-Ed) 2

CA – Supreme Court Case Tests Random Sniffer Dog Searches vs Privacy Rights. 3

WW – Privacy International Announces Global Privacy Invaders. 3

WW – An Empirical Approach to Understanding Privacy Valuation. 4

CA – Beware Bogus E-Mails Over EI Benefits, Feds Warn. 4

EU – German Constitution To Be Amended For Modern Communications Society. 4

EU – CNIL Fines U.S. Employer for Improper Transfers of Employee Data. 4

US – The Visible Man: An FBI Target Puts His Whole Life Online. 5

US – Libraries in Illinois Fight Plan for Computer Restrictions. 5

WW – Report: More Governments Filter Online Content 5

US – TJX Estimates Breach-Related Costs At $25M.. 5

UK – Pointless FOI Enquiries to be Curbed by New Charter: UK Info Commissioner 6

CA – NB Province Launches Personal Health Information Task Force. 6

US – New IRS Rule Implicates Medical Privacy. 6

UK – Anger at Plans for NHS Database of Gay Men. 6

AU – Memory Sticks a Privacy Threat 7

UK – UK Shuts Down Online Visa Application System.. 7

CA – Senators Push for Driver’s Licences. 7

UK – Home Office: Interference With Privacy ‘Necessary’ 7

US – New U.S. Copyright Advocacy Group Launches. 8

EU – Europe Votes to Restrict Police Data Sharing. 8

NZ – Privacy Commish Warns Information Sent Overseas Not Subject to Privacy Laws. 8

WW – Google to Track and Profile Users’ Psychologies. 8

WW – MSFT Wants to Identify All Web Surfers Based on Surfing Habits. 9

US – MySpace Agrees to Share Sex Offender Data With States. 9

US – Justice Dept. Concerned With Informant Web Site. 9

US – Ancestry.com Puts 90M War Records Online. 9

UK – PCC Issues Privacy Guidelines on Undercover Reporting. 9

US – More Than 12,000 Comments Submitted on REAL ID Draft Regulations. 10

US – Researchers, Lawmakers Fuel Growing Opposition to RFID.. 10

US - NIST releases FISMA Security Control Tools. 10

US – Border Inspectors Rarely Use Biometric Technology. 11

US – EPIC Urges Release of Documents Concerning the NSA Surveillance Program.. 11

US – CDT Urges Caution on Location Tracking Mandate for Wireless Devices. 11

US – Agencies Told to Curb Use of SS Numbers. 11

US – US Govt Issues Fact Sheet on the Terrorist Identities Datamart Environment 11

US – Work Bill Would Create Massive New ID Database. 12

US – House Approves Bill to Combat Internet Spyware, Other Scams. 12

 


 

US – FBI to Upgrade Biometric System

The FBI wants its new Next Generation Identification biometric information system to furnish faster and more high-quality links to other such repositories than its current methods provide, a senior bureau official said yesterday at a briefing attended by industry and government technologists. “Dealing with other repositories has emerged as a major problem,” said James A. “Jim” Loudermilk II, deputy assistant director at the bureau’s Information Technology Operations Division, during the briefing. The FBI technology organization has planned NGI to carry out upgrades such as improved interoperability with the IDENT system that the Homeland Security Department operates to carry out many of its immigration data processing functions. The bureau’s Integrated Automated Fingerprint Identification System already exchanges specified groups of fingerprints gathered from individuals who qualify as “the worst of the worst” among immigration law violators, known or suspected terrorists (KST) and similar wrongdoers. Secretary Michael Chertoff has mandated that IDENT end its practice of gathering only two fingerprints and shift to the bureau’s approach of gathering 10 fingerprints. That change will assist the job of achieving greater interoperability between the department’s system and IAFIS. [Source]

 

CA – UVic Prof Seeks to End LSAT Fingerprinting

Fingerprinting Canadians to deter cheating on law school entrance tests may be scrapped, thanks to a determined University of Victoria philosophy professor. Since 2005, Eike-Henner Kluge has pursued a privacy complaint against the American agency administering the test commonly referred to as the LSAT. The agency demanded that students taking it be fingerprinted to head off people having others take the test for them. About 7,000 LSATs are administered yearly in Canada. Kluge recently learned the federal Office of the Privacy Commissioner of Canada has sided with his view that the fingerprinting practice is an infringement of privacy. The privacy office has ordered the Law School Admission Council to cease collecting the fingerprints of Canadian students, and explain how it intends to implement its recommendation. [Source]

 

UK – Outrage Over UK Call to Add Newborns to DNA Database

A British peer has triggered a furious row after calling for DNA from newborn babies to be stored on the national database. Lord Mackenzie of Framwellgate, formerly Durham’s senior police officer, said the move would help in the fight against crime and terrorism. But the proposal was immediately attacked as “abusing the privacy of the innocent” by the Liberal Democrats, who oppose the Government’s plans to expand the database. DNA samples from more than 565,000 people across the North-East and North Yorkshire are already stored, a figure that has more than doubled in 18 months. About 5,700 were taken from people arrested, but never convicted of an offence - provoking fierce criticism because the innocent are recorded alongside the guilty. [Source]

 

EU – German Authorities Use Scent Tracking to Keep Tabs on G-8 Protesters

German authorities are using scent tracking to keep tabs on possibly violent protesters against next month’s Group of Eight summit - a tactic that is drawing comparisons with the methods of former East Germany’s secret police. Scent samples have been taken from an undisclosed number of people believed to be a possible danger to the upcoming summit so that police dogs can pick out the perpetrators if there is violence, the Hamburger Morgenpost reported Tuesday. [Source]

 

CA – Parliamentary Privacy Report a Major Disappointment (Geist Op-Ed)

The Standing Committee on Access to Information, Privacy and Ethics issued its much-anticipated report on the reform of Canada’s private sector privacy law earlier this month. Despite hearing from 67 witnesses, the committee followed the lead of Industry Minister Maxime Bernier and Privacy Commissioner Jennifer Stoddart - neither of whom argued forcefully for reform - by issuing a tepid report that rejects the changes that many privacy advocates believe are necessary to improve the effectiveness of the current legal framework. Instead, the final report, which includes separate dissenting opinions from the Conservative and Bloc Quebecois Members of Parliament, features 25 recommendations that at best represent little more than tinkering with the law and at worst undermine privacy protections in several key areas, most notably the use of privacy law to counter the mounting spam problem. Most of the major issues presented to the committee, including beefing up the privacy commissioner’s powers, adopting a “name and shame” approach for privacy violators and safeguarding Canadian data that is outsourced to other jurisdictions, were met with indifference, as the committee recommended no further reforms. In fact, even a mandatory security breach notification requirement - widely expected as a response to the massive data security breaches involving retail giants Winners and Homesense - was tempered with a recommendation to require notification to the privacy commissioner, not necessarily to the individuals affected by the breach. [Source]

 

CA – Supreme Court Case Tests Random Sniffer Dog Searches vs Privacy Rights

It took no time at all for a police dog to detect marijuana amongst a pile of backpacks in the gymnasium of a Sarnia, Ont., high school. The owner of the offending backpack was charged with marijuana trafficking, launching a five-year legal journey that will end this week in the Supreme Court of Canada. In a fascinating, constitutional clash between civil libertarian values and police techniques in an age of terrorism, the court must decide whether permitting sniffer dogs to conduct random searches violates the right to privacy. Lawyers opposing the technique will argue that setting a dog on a random search for drugs is highly intrusive and chillingly reminiscent of police state tactics popularized by southern U.S. slave owners and Nazi storm troopers. In a legal brief to the court, the Criminal Lawyers Association warns that, “it would follow that there are no public places where the police cannot attend with investigative dogs. This would include the workplace, places of worship, schools, shopping centres, athletic facilities, concert halls and so forth.” In 2004, the Ontario Court of Appeal agreed with this view, resulting in A.M.’s acquittal. [Source] See also: [Illinois lawmakers OK teachers’ searches of lockers] [Measure would allow random steroid testing of Texas High School athletes]

 

WW – Privacy International Announces Global Privacy Invaders

Privacy International ran the first International Big Brothers Awards ceremony at the ‘Computers, Freedom and Privacy’ conference, with over 200 attendees, PI outed the most invasive companies, projects, officials, and governments. Nominees and Winners were

Winners were given the classic BBA award, a golden statue of a boot stamping upon a human head, as promised by George Orwell in 1984 on a vision for the future. [Source] [Big Brother Awards site] See also: [Italian Big Brother Awards for 2007]

 

WW – An Empirical Approach to Understanding Privacy Valuation

Paper by Luc Wathieu, associate professor in the Marketing unit at Harvard Business School: “What do consumers value and why? Researchers on privacy remain stumped by a “privacy paradox.” Consumers declare that they value privacy highly, yet do not take steps to guard it during transactions. At the same time, consumers feel unable to enact their preferences on privacy. Clearly, scholars need a more nuanced understanding of how consumers treat information privacy in complex situations. To test the hypothesis that there is a homo economicus behind privacy concerns, not just primal fear, Wathieu and Friedman conducted an experiment based on a real-world situation about the transmission of personal information in the context of car insurance. Their experiment was based on a previous case study about marketing processes that use membership databases of trusted associations (such as alumni associations) to channel targeted deals to members through a blend of direct mail and telemarketing. Key concepts include:

[Source] [Full Working Paper Text]

 

CA – Beware Bogus E-Mails Over EI Benefits, Feds Warn

The federal government has issued a warning about phoney e-mails that ask Canadians to divulge personal details online. Service Canada, which processes things such as employment insurance benefits, says its clients have been receiving e-mails asking for data purportedly needed to expedite a claim. In reality, the e-mails form the basis for an identity theft scam. “Service Canada does not use e-mails to obtain confidential information from clients,” the department said in an advisory issued Thursday. “Please be assured that Service Canada is doing everything it can to protect users of its internet service against any type of fraudulent activity.” The details sought in the phoney e-mails including a person’s social insurance number, date of birth and credit card information. [Source] See also: [Employers Launch Fake Phishing Emails To Dupe Workers] and [New antiphishing, antispam specifications unveiled by Internet Engineering Task Force] [US Study: More spam but fewer complaints]

 

EU – German Constitution To Be Amended For Modern Communications Society

Politicians from both the SPD and CDU/CSU are planning to amend the German constitution to take modern communications into account. According to a newspaper report, a basic right for freedom on the Internet is to be established. The SPD’s home affairs reportedly hoped to have a draft completed by the end of this session of parliament. [Source] See also: [German IT industry says proposal for data retention is acceptable]

 

EU – CNIL Fines U.S. Employer for Improper Transfers of Employee Data

In what may foreshadow a new era of more aggressive enforcement, France’s data protection authority - La Commission Nationale de L’informatique et des Libertés (CNIL) - recently fined Tyco Healthcare France (THF), the local subsidiary of a U.S. multinational organization, €30,000 for, among other things, improperly transferring employee information to Tyco’s U.S. headquarters. The fine appears to be the first imposed on a U.S.-based company accused of unlawful cross-border transfers of human resources data. The French government’s enforcement action coincides with recent public declarations by other European data protection authorities, calling for more aggressive enforcement of the European Union’s strict data protection regime. [Source] [Source]

 

US – The Visible Man: An FBI Target Puts His Whole Life Online

Hasan Elahi whips out his Samsung Pocket PC phone and shows me how he’s keeping himself out of Guantanamo. He swivels the camera lens around and snaps a picture of the Manhattan Starbucks where we’re dinking coffee. Then he squints and pecks at the phone’s touchscreen. “OK! It’s uploading now,” says the cheery, 35-year-old artist and Rutgers professor, whose bleached-blond hair complements his fluorescent-green pants. “It’ll go public in a few seconds. “Sure enough, a moment later the shot appears on the front page of his Web site, TrackingTransience.net. He posts copies of every debit card transaction, so you can see what he bought, where, and when. A GPS device in his pocket reports his real-time physical location on a map Elahi’s site is the perfect alibi. Or an audacious art project. Or both. The Bangladeshi-born American says the US government mistakenly listed him on its terrorist watch list - and once you’re on, it’s hard to get off. To convince the Feds of his innocence, Elahi has made his life an open book. Whenever they want, officials can go to his site and see where he is and what he’s doing. Indeed, his server logs show hits from the Pentagon, the Secretary of Defense, and the Executive Office of the President, among others. [Source]

 

US – Libraries in Illinois Fight Plan for Computer Restrictions

Public libraries throughout Illinois took the political battle over Internet freedom directly to their own patrons on Monday, lobbying libraries’ computer users to oppose state legislation requiring software that filters out pornography. As part of a loosely coordinated, one-day statewide campaign, libraries in the Metro East area passed out fliers, bookmarks and, in one case, installed computer screensavers - all calling attention to what librarians say is an onerous proposal that would infringe on the budgets of libraries and the privacy rights of library patrons. A handful of libraries in other parts of the state made that point by shutting down their own Internet services for the day. One conservative group claims the lobbying efforts may have been an illegal use of public resources.[Source]

 

WW – Report: More Governments Filter Online Content

As more people use the Internet to inform themselves, more governments around the world want to filter what they read, according to an academic study. State-based Internet filtering is on the rise – not only in the sheer number of governments engaging in content filtering but also in the scope of the material they’re blocking, according to the report. The year-long study of thousands of websites across 120 ISPs found 25 of 41 countries blocked content, and is the work of the OpenNet Initiative (ONI), launched by four universities: Cambridge, Harvard, Oxford and Toronto. [Source] [Source] [Source] [Research OpenNet Initiative] See also: [ITU and UNCTAD publish the World Information Society Report 2007]

 

US – TJX Estimates Breach-Related Costs At $25M

TJX provided new figures for expenses related to a computer intrusion that led to the exposure of data of more than 45 million credit and debit cardholders. The company indicated in a securities filing that the company has spent $25 million so far in the aftermath of the breach. The company also said it does not yet have enough information to estimate what additional costs it faces in the months ahead. [Source] TJX reported this week that its first-quarter profits declined by 1 percent as a result of breach-related costs so far. Besides the $25 million breach-related costs incurred to date, the company said it will face additional expenses for the investigation of the intrusion into its computer system. It also predicts additional expenses to upgrade computer security as well as legal and other costs. However, the company acknowledged that it is unsure how much higher the cost will be to cover legal proceedings and other expenses in the future. [TJX Security Breach Costs Cut Into Profits] and [TJ Maxx/TK Maxx Security Breach Cost May Reach US$8.3B] see also: [PCI Standard Driving IT Security Spending] [Minnesota becomes first state to make core PCI requirement a law; Texas legislators considering a similar move]

 

UK – Pointless FOI Enquiries to be Curbed by New Charter: UK Info Commissioner

As debate continues over legislation that would exempt members of UK parliament from the Freedom of Information Act, the UK Information commissioner Richard Thomas announced plans to deter vexatious requests made under the Act. At a conference in London this week he said that such cases can waste public money and jeopardise the reputation of the Act. Thomas said that examples were a request to 10 Downing Street about the amount of toilet paper used and a request to Hampshire Police about the number of eligible bachelors in the force. His office is developing further guidelines to help public bodies resist requests which are pointless. A Charter for Responsible FOI Requests will help to prevent requests which have no serious purpose or value, impose disproportionate burdens or have the effect of harassing the public body. “I am sympathetic towards public authorities that refuse to deal with vexatious requests which clearly serve no reasonable purpose. But I am surprised that public authorities are not making more robust use of the existing provisions under the Act for excluding vexatious requests,” Thomas said. [Source][Info Commissioner to Scrutinize Repeat Efforts to Obtain Public Records] See also [MPs vote themselves exemption from Freedom of Information law] [Straw leads MPs’ plot to dodge freedom bill] and also: [Australian Right to Know Campaign on the move]

 

CA – NB Province Launches Personal Health Information Task Force

Health Minister Michael Murphy announced the creation of the Personal Health Information Task Force, to consult New Brunswickers on accessing and protecting personal health information. Murphy said government plans to introduce legislation that is specific to the use and protection of personal health information as part of the Charter for Change commitment to ‘modernize privacy and right to information laws in New Brunswick and further protect an individual’s personal information from misuse…’ Currently, access and privacy issues related to personal health information are addressed in a number of provincial and federal statutes that cover information in general. “We believe that an individual’s health information warrants stand-alone legislation, and we plan to move in this direction after we receive the input of New Brunswickers through the Personal Health Information Task Force,” he said. [Source]

 

US – New IRS Rule Implicates Medical Privacy

Initial reactions to a decision last week by the Internal Revenue Service were overwhelmingly positive. But in the passing of a few days and with sober reflection, not everyone sees the new IRS policy as an unalloyed good thing. Deborah Peel, founder of Austin, Texas-based, Patient Privacy Rights Foundation, in an e-mail, said the group “deplores” the memorandum, decrying what she called “a dirty little secret”—that many hospitals sell patient data as a revenue source. “By ‘giving’ physicians electronic records that they can data-mine, hospitals have just massively enhanced the value of the data they sell to third parties. Physicians who accept EHRs that will be data-mined by hospitals are accepting a ‘gift’ that violates medical ethics and the laws of every state.” [Source]

 

UK – Anger at Plans for NHS Database of Gay Men

An NHS database holding intimate information about the sexual behaviour of thousands of gay men is being planned by health trusts as part of a drive to encourage safer sex, a charity disclosed this week. The possibility that sensitive data could be accessed by computer hackers is causing anxiety across the gay community in London, where it will be launched later this year. [Source]

 

AU – Memory Sticks a Privacy Threat

Drug companies trying to improve their market share have put patient privacy at risk by demanding pharmacists allow them to insert memory sticks in pharmacy computers.The Pharmacy Guild has asked members to ban the practice because it could breach patient privacy - drug companies allowed to use the memory sticks could find out what drugs individual patients were taking.”This is just not on,” Pharmacy Guild president Kos Sclavos told The Daily Telegraph.[Source]

 

UK – UK Shuts Down Online Visa Application System

The UK’s Foreign and Commonwealth Office closed its online visa application Web site after a security breach last week. Officials are investigating following the discovery that applicants using the online service could view other online applications that included phone numbers, addresses and social security numbers by making a minor change in the browser’s URL. [Source] [Source] [Source] [Source] [Source]

 

Horror Story Roundup: [Stolen Laptop Contains Personal Data On NU Students] [Hackers Get E-mail Addresses from British ISP] [Confidential Illinois Student Data Exposed Online] [Two Arrested in Hospital Computer Theft] [Columbia Bank Online Customers Notified of Breach] [Illinois State Database Suffers Security Breach Affecting 300,000] [Nevada College Server Infected] [Alcatel-Lucent Trying to Find Lost Disk] [Private medical records of Colorado residents exposed on Internet] [Worker mistakenly sends personal email database] [Bank of America Sues ID Theft Victim] [Virgin exposes customers’ details down under] [UPMC mailing exposes patients to identity theft risk] [Report details BofA theft] [Stolen employee information nets no prison time, but restitution] [Private documents dumped in Issaquah recycling bin] [Columbia Bank says online hackers breached security] [Medical Records Exposed In Dumpster] [Hospitals wrongly send out information] [Israel: Database upgrade threatens mental patients’ privacy] [Substitute teachers’ Social Security numbers stolen in car break-in] [Thousands of police at risk from stolen laptop database] [Canadian Man charged with stealing 2,000 credit cards] [Ryanair check-in site exposes data]

 

CA – Senators Push for Driver’s Licences

Canada’s push for an alternative to passports at the border is getting a major endorsement from two U.S. senators who want to give U.S. citizens the option of using secure driver’s licences at land crossings. Minnesota’s Norm Coleman and Susan Collins of Maine, both Republicans, have introduced a measure to create a national licence program, saying recent technological advances have made the documents a safe bet for weeding out terrorists. Their amendment also would require U.S. officials to wait on the passport plan until a pilot project using driver’s licences at crossings between British Columbia and Washington state is evaluated. [Source] See also: [We need harmony in U.S. border security]

 

UK – Home Office: Interference With Privacy ‘Necessary’

Home Office minister Liam Byrne has responded to questions posed by the joint committee on human rights (JCHR) and defended the government’s ID card programme. “The government recognises that taking biometric or other information from a person, and storing that information and requiring a BID [biometric immigration document] to be used for specific immigration purposes may be an interference in the right to respect for private life,” he admitted. “However, we have considered, and remain of the view, that if there were any interference, we would ensure that this was necessary and proportionate.” [Source] See also: [Secret plans to turn staff into police informers]

 

US – New U.S. Copyright Advocacy Group Launches

Some of the staunchest advocates for stricter copyright laws have formed a new alliance designed to pressure Congress into preserving stronger intellectual property rights. The Copyright Alliance consists of 29 national organizations and companies that purport to represent 11 million workers in copyright-related industries. [Source]

 

EU – Europe Votes to Restrict Police Data Sharing

The European Parliament voted this week to reinstate the principles of data protection in legislation that would allow police across Europe to routinely share data about their activities. As the Parliament has no authority in the third pillar (the EU’s jurisdiction for police and judicial matters), the amendments it proposed last night have no official clout. But the European Council, which calls the shots on this framework, did formally ask the Parliament for its opinion on the matter, and the German Presidency has consulted MEPs. Voting last night to endorse amendments that would ensure firmer data protection, MEPs have restored hope that data sharing between European police forces will only be allowed if it is done with proper regard for civil liberties. The Germans have made the first concerted effort to revive the legislation since the Italian and Greek presidencies gave up on it in 2003 – largely because a few countries, most notably Britain, didn’t like the idea that the common rules would be applied to national police operations as well. They broke this deadlock by proposing that the legislation will only apply to data shared between European police forces and not to data held by national police forces. However, in three years the commission will look again to decide whether it ought to be applied nationally. [Source]

 

NZ – Privacy Commish Warns Information Sent Overseas Not Subject to Privacy Laws

New Zealand’s privacy laws do not apply to information stored and processed in overseas databases, Privacy Commissioner Marie Shroff said recently. Shroff also highlighted during remarks before the Government Information System Managers’ Forum that public sector agencies increasingly are matching data -- a trend that she said few New Zealanders know about. [Source] See also: [NZ Greens call for inquiry, fresh laws on databases]

 

WW – Google to Track and Profile Users’ Psychologies

The Guardian reports on a patent filing by Google revealing how the company could compile psychological profiles of millions of web users by covertly monitoring the way they play online games: The company thinks it can glean information about an individual’s preferences and personality type by tracking their online behaviour, which could then be sold to advertisers. Details such as whether a person is more likely to be aggressive, hostile or dishonest could be obtained and stored for future use, it says. The patent says: “User dialogue (eg from role playing games, simulation games, etc) may be used to characterise the user (eg literate, profane, blunt or polite, quiet etc). Also, user play may be used to characterise the user (eg cautious, risk-taker, aggressive, non-confrontational, stealthy, honest, cooperative, uncooperative, etc).” The information could be used to make adverts that appear inside the game more “relevant to the user”, Google says. [Source] [A Look at Google’s Plans to Stockpile Personal Data] [Michael Zimmer blog] [Why does Google remember information about searches?] [CBC’s “The Current” ran an excellent piece on the Internet’s memory (available in podcast HERE)] [Google’s goal to organise your daily life]

 

WW – MSFT Wants to Identify All Web Surfers Based on Surfing Habits

Not wanting to be outdone by Google’s recent news about profiling users based on their psychological profiles, reports have emerged that Microsoft is developing new technologies to identify users based on their browsing habits. The computing giant is developing software that could accurately guess your name, age, gender and potentially even your location, by analysing telltale patterns in your web browsing history. The software could get its raw information from a number of sources, including a new type of “cookie” program that records the pages visited. Alternatively, it could use your PC’s own cache of web pages, or proxy servers could maintain records of sites visited. So far it can only guess gender and age with any accuracy, but the team say they expect to be able to “refine the profiles which contain bogus demographic information”, and one day predict your occupation, level of qualifications, and perhaps your location. [Source] [Original MSFT White Paper] [Microsoft to Buy Online Ad Company aQuantive] See also: [Query Log Analysis: Social and Technological Challenges] and [Microsoft opens up its identity management e-wallet]

 

US – MySpace Agrees to Share Sex Offender Data With States

Faced with legal demands from state attorneys general, MySpace.com said this week it will release data on registered sex offenders it has identified and removed from the popular social networking Web site. The company, citing federal privacy laws, initially rebuffed a demand from North Carolina Attorney General Roy Cooper and colleagues in seven other states who last week asked for data on how many registered sex offenders are using the site and where they live. [Source] [Source] See also: [Citing privacy, MySpace won’t give names of sex offenders] See also: [Illinois bill calls for Web data of sex offenders: One day after the MySpace agreed to turn over to state attorneys general the names of 7,000 members who were convicted sex offenders, the Illinois Legislature voted to add offenders’ identities on MySpace and other online networking sites to the state’s sex offender registry. Source]

 

US – Justice Dept. Concerned With Informant Web Site

A new Web site devoted to exposing the identities of witnesses cooperating with the government has emerged, posting their names and mug shots, along with court documents detailing what they have agreed to do in exchange for lenient sentences. Federal prosecutors are furious, and the Justice Department has begun urging the federal courts to make fundamental changes in public access to electronic court files by removing all plea agreements from them — whether involving cooperating witnesses or not. [Source]

 

US – Ancestry.com Puts 90M War Records Online

This week, Ancestry.com unveiled more than 90 million U.S. war records from the first English settlement at Jamestown in 1607 through the Vietnam War’s end in 1975. The site also has the names of 3.5 million U.S. soldiers killed in action, including 2,000 who died in Iraq. [Source]

 

UK – PCC Issues Privacy Guidelines on Undercover Reporting

UK Newspaper regulator the Press Complaints Commission (PCC) has issued new guidelines on privacy and data protection for newspapers conducting investigations which involve subterfuge. The new rules are a reaction to the recent jailing of a News of the World reporter and a private investigator. The PCC, which is the industry’s self-regulatory body and which publishes a Code of Practice for newspapers and magazines, conducted an investigation both of the News of the World and of the newspaper industry to discover the industry’s practices in relation to subterfuge and newsgathering. At the end of its investigation it made a number of recommendations. It has now told newspapers that contracts for freelance or external contributors should require that they obey both the Data Protection Act and the PCC’s Code in the same way that staff contracts now do. [Source] [Report & Guidelines]

 

US – More Than 12,000 Comments Submitted on REAL ID Draft Regulations

The Department of Homeland Security announced that it has received more than 12,000 comments on its draft implementation regulations for the REAL ID Act, even though the comment process was marked with problems. EPIC and 24 other experts in privacy and technology jointly submitted comments warning the federal agency not to go forward with the REAL ID proposal. The group urged DHS to recommend to Congress that REAL ID is unworkable and must be repealed: “The REAL ID Act creates an illegal de facto national identification system filled with threats to privacy, security and civil liberties that cannot be solved, no matter what the implementation plan set out by the regulations,” the group said. The group said that the ill-conceived plan would increase the risk of and the damage caused by identity theft. Creating a national identification database full of personal documents such as birth and citizenship certificates, making that database accessible to thousands of people, while not requiring adequate security and privacy safeguards, will necessarily make us less secure as a nation and as individuals. REAL ID faces considerable opposition by the public, the States and in Congress. More than 60 organizations and 200 blogs joined a campaign to file comments against REAL ID. Washington and Montana passed legislation to opt-out of REAL ID completely. Colorado, Georgia and Idaho will either delay or not spend any money on implementation. Arkansas, Hawaii, Maine, Nevada, and North Dakota are calling for the repeal of REAL ID. Legislation has been introduced in both houses of Congress to repeal REAL ID. Last week, at a Senate Judiciary Committee hearing about REAL ID, Chairman Patrick Leahy said, “The days of Congress rubber-stamping any and every idea cooked up by this administration are over.” [Comments of EPIC and 24 Experts in Privacy and Technology] [Senate Judiciary Hearing, “Will REAL ID Actually Make Us Safer? An Examination of Privacy and Civil Liberties Concerns“] [Department of Homeland Security’s Notice of Proposed Rulemaking on REAL ID] [EPIC’s Page on National ID Cards and REAL ID Act] [Stop REAL ID Campaign site] see also: [States move warily on Real ID]

 

US – Researchers, Lawmakers Fuel Growing Opposition to RFID

Some privacy advocates have long raised concerns about the potential use of RFID to track individuals. But the list of potential detractors is growing as some researchers and state lawmakers are opposing the technology’s uses. Twenty-two states in the past year have introduced legislation related to RFID technology. Legislation is pending before the California state Senate that would prohibit the use of RFID in driver’s licenses and in public schools. There is no federal RFID legislation, but Sens. Byron Dorgan (D-N.D.) and John Cornyn (R-Texas) formed an RFID group nearly a year ago. RFID supporters contend that concerns about RFID use are unfounded. [Source] See also: Tracking Humans with RFID: [Arcade gamers to pay with RFID wristbands] [Single chip for Mastercard & Visa contactless payments] [RFID skin patches to act as diagnostic sensors] [ Georgia Bureau of Investigation buys into VeriTrace] [Texan county adopts electronic inmate tracking] [RFID returns to the fitting room - in a 'magic mirror']

 

US - NIST releases FISMA Security Control Tools

The National Institute of Standards and Technology has released a suite of tools to help automate vulnerability management and evaluate compliance with federal IT security requirements. The Security Content Automation Protocol is an expansion of the National Vulnerability Database. It is an automated checklist that using a collection of recognized standards for naming software flaws and configuration problems in specific products. It can help test for the presence of vulnerabilities and rank them according to severity of impact. The checklist files are mapped to NIST specifications for compliance with the Federal Information Security Management Act, so that the output can be used to document FISMA compliance. [Source] See also: [Survey: Half Of Windows Vista Adoption Driven By Security: A new study shows that IT managers are intrigued about Vista’s new on-board security, along with user account control and an overall sense of better safeguards]

 

US – Border Inspectors Rarely Use Biometric Technology

The face- and fingerprint-matching technology that has been touted over the past decade as a sophisticated new way to stop terrorists and illegal immigrants from entering the country through Mexico has one major drawback: U.S. border inspectors almost never use it. In fact, the necessary equipment is not even installed in vehicle lanes along the border. Government officials told The Associated Press that checking more people would create too big a backup at the border, where hours-long traffic jams are already common. Holders of the cards come across the border tens of millions of times each year. But on average, in only about 2% of those cases are the cardholders screened with the biometric technology to verify their identities and check law-enforcement records. [Source]

 

US – EPIC Urges Release of Documents Concerning the NSA Surveillance Program

In papers filed in Washington, DC, EPIC, the ACLU, and the National Security Archive urged a federal district court to require the Justice Department to disclose documents about the NSA Domestic Surveillance program. The motion follows the testimony of former Deputy Attorney General James Comey before the Senate Judiciary Committee that indicated that top officials at the Department of Justice believed that the program was illegal. EPIC first sought documents regarding the legal basis for the program just hours after the warrantless surveillance program was first reported in the NY Times in December 2005. [papers] [EPIC vs. DOJ] See also: FRONTLINE: Spying on the home front: video of full show is available: www.pbs.org/wgbh/pages/frontline/homefront/view/.

 

US – CDT Urges Caution on Location Tracking Mandate for Wireless Devices

The Federal Communications Commission should conduct further research and seek public comment before it adopts any rule requiring computers and other Internet access devices to include location tracking capabilities, CDT urged in comments filed May 17. The FCC has been considering how to ensure that voice services using the Internet can call 911 and report the user’s location in emergencies. CDT supports that goal, but notes to the Commission that how it is achieved has major implications for privacy, security and innovation. [CDT Comments on Location in the VoIP and IP-Enabled Contexts] [FCC Notice of Proposed Rulemaking] see also: [“Who’s Watching You Now,” article on privacy and location information]

 

US – Agencies Told to Curb Use of SS Numbers

Plagued by regular breaches in the security of personal data, federal agencies were ordered Tuesday to eliminate the unnecessary collection and use of Social Security numbers by early 2009. That order and several other new security measures against identity theft were outlined in a memo to all department and agency heads from Clay Johnson III, deputy director for management of the Office of Management and Budget. [Source]

 

US – US Govt Issues Fact Sheet on the Terrorist Identities Datamart Environment

The National Counterterrorism Center has produced the following fact sheet about US terrorism watch lists and how they are managed: “The Terrorist Identities Datamart Environment (TIDE) is the US Government’s (USG) central repository of information on international terrorist identities. TIDE supports the USG’s various terrorist screening systems or “watchlists” and the US Intelligence Community’s overall counterterrorism mission. The Terrorist Identities Group (TIG), located in NCTC’s Information Sharing & Knowledge Development Directorate (ISKD), is responsible for building and maintaining TIDE. The TIDE database includes, to the extent permitted by law, all information the U.S. government possesses related to the identities of individuals known or appropriately suspected to be or have been involved in activities constituting, in preparation for, in aid of, or related to terrorism, with the exception of purely domestic terrorism information. [Fact sheet on the Terrorist Identities Datamart Environment]

 

US – Work Bill Would Create Massive New ID Database

The U.S. Congress is poised to create a set of massive new government databases that all employers must use to investigate the immigration status of current and future employees or face stiff penalties. The Employment Eligibility Verification System would be established as part of a bill that senators began debating this week, representing the most extensive rewrite of immigration and visa laws in a generation. Because anyone who fails a database check would be out of a job, the proposed database already has drawn comparisons with the “no-fly list” and is being criticized by civil libertarians and business groups. As many as 7 million employers would be required to verify identity documents provided by both existing employees and potential hires, the legislation says. The data, including SSNs, would be provided to Homeland Security, on penalty of perjury, and the government databases would provide a work authorization confirmation within three business days. There is no privacy requirement that the federal government delete the information after work authorization is given or denied. Employers would be required to keep all the documentation in paper or electronic form for seven years “and make it available for inspection by officers of the Department of Homeland Security” and the Department of Labor. It would also open up the IRS’ databases of confidential taxpayer information to Homeland Security and its contractors. [Source] [Source] [Secure Borders, Economic Opportunity and Immigration Reform Act]

 

US – House Approves Bill to Combat Internet Spyware, Other Scams

The U.S. House passed legislation yesterday to combat the criminal use of Internet spyware and scams aimed at stealing personal information from computer users. The bill makes it a criminal offence, subject to a prison term of up to five years, to access a computer without authorization to further another federal criminal offence. Obtaining or transmitting personal information with the intent of injuring or defrauding a person or damaging a computer is punishable by up to two years in prison. [Source]

 

Other US Legislation in the news: [Credit Freeze Bill Heads to Nebraska Governor’s Desk] [New Credit Freeze Law Offers Consumers Tool To Prevent Identity Theft In Maryland] [Ohio House OKs ID-theft weapon] See also: [New U.S. State and Federal Privacy Bills Introduced, and Some New State Data Protection Laws Signed]

 

 

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