Daily updates on privacy stories in the news.

August 2001 Archives

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Rental Car Agencies Install Tracking Devices

Rental car companies are installing tracking devices in cars that monitor drivers� travels. "Telematic" systems combine GPS location technology and a wireless phone to track drivers who may be unaware that such devices even exist in the car. The systems raise the possibility that the rental car company can track a driver�s trip, and automatically call the driver if there is a deviation from travel plans. Other location tracking devices being developed are marketed to parents who wish to monitor their children as they drive. These devices can automatically report the whereabouts of a vehicle and whether the driver exceeded certain boundaries set by the parent.

Car-Rental Companies Install Devices That Can Monitor Driver's Whereabouts, Wall Street Journal, August 28, 2001 (subscription required).

States Expanding Use of Offender DNA Databases

Increasingly states have been compelling all convicted felons to submit a DNA sample to an offender database. All 50 states collect DNA samples from convicted sex offenders.

DNA Backlog Hampers Use of New Crime-Fighting Tool, Stateline, August 30, 2001.

US Will Support Private Web Access for Chinese

The International Broadcasting Bureau, which governs the Voice of America, has confirmed plans to support the Safeweb network, a system of servers that provides privacy to those accessing the web. Safeweb's Triangle Boy servers allow individuals to circumvent filtering and other tools of censorship.

U.S. May Help Chinese Evade Net Censorship, New York Times, August 30, 2001 (registration required).
Safeweb.
Safeweb Triangle Boy.

Lessig: IP Law Crushing Innovation

In and address to the LinuxWorld Conference and Expo, Stanford Law Professor Larry Lessig argued that Intellectual Property Law is stifling innovation and even academic inquiry. Lessig proposed a new copyright system, where protection in law would last for five years with the option to renew for up to seventy-five years.

Rallying cry in open-source war, ZDNet, August 29, 2001.
Keep Digital Copyright Law Intact, Agency Says, Washington Post, August 30, 2001.

Online Financial Privacy Criticized

A new study by the Center for Democracy and Technology (CDT) demonstrates that online financial services often have inadequate means of controlling personal data use. CDT also filed a complaint with the Federal Trade Commission (FTC) alleging that several financial institutions are collecting information from customers without posting a privacy policy.

Online Banking Privacy: A Slow Confusing Start to Giving Customers Control Over Their Information, CDT Report (7 MB PDF).
CDT complaint to the FTC.
Online Privacy Policies Decried, Washington Post, August 30, 2001.

Borders Books Spying on UK Customers

Borders Book shop, a large bookselling retail chain, has employed facial recognition technology to monitor its customers at UK stores. The facial recognition cameras are being used to identify known shoplifters present in the stores.

Big Borders bookshop is watching you, Sunday Herald, August 26, 2001.
Borders Books kills face-scanning plan amid criticism, Computerworld, August 27, 2001.

Egghead Attempting to Transfer Customer List to Fry�s

Egghead.com, an online electronics store currently in bankruptcy, is attempting to sell its customer lists to Fry�s Electronics. The transfer violates the Egghead.com privacy policy, and Fry�s may cancel the sale if 10% of former Egghead.com customers opt out of the information sharing.

Egghead sale could crack on privacy issues, CNET, August 24, 2001.

Poll: AOL, MS Not Trusted

Polling firm Harris Interactive reports that Internet consumers harbor distrust against America Online (AOL) and Microsoft (MS), and The poll found that 37% of respondents had a high level of distrust for AOL. 29% reported a high level of distrust for MS.

Poll: Many Distrust AOL, Washington Post, August 24, 2001.

Judge Warns that Monitoring Will Endanger Confidentiality

Edith H. Jones, a Federal Judge on the 5th Circuit Court of Appeals, has written a letter to the Judicial Conference objecting to plans to routinely monitor all Internet use of the federal courts. Judge Jones warns that this monitoring may compromise confidentiality and cause unease among judicial employees.

Letter to Judicial Conference, Cryptome.
Judge Slams Monitoring Of Court Staff Web Use, Newsbytes, August 23, 2001.

Consumers Reject MS Passport

The Gartner research firm has found that Internet users are rejecting the Microsoft Passport system because they believe that it could lead to a loss of privacy. Gartner found that only 11% of Internet users believe that Passport will enhance user experience. Further, the group found that 90% of online consumer are not interested in exchanging personal information for personalization.

Report: Consumers Nix Microsoft Passport, Yahoo News, August 23, 2001.
Privacy and Security Still Challenge Microsoft Passport, Gartner Group, September 24, 2001.

Carnivore to Target Wireless Messaging

Federal law enforcement officials may expand the Carnivore Internet monitoring system to include the ability to capture wireless telephone messages. If Carnivore is expanded, it will likely result in the FBI capturing many messages that are not germane to law enforcement investigations.

FBI's Carnivore Might Target Wireless Text, Washington Post, August 24, 2001.

NYC Voter Registration Records Online

New York City voter registration records that include voters� home addresses and party affiliations are now online. Many New Yorkers have requested that their information be removed from the online database.

As Public Records Go Online, Some Say They're Too Public, New York Times, August 24, 2001.
Registered to Vote or Not.com.
Connecting the Dots Between Public Records Databases, Privacy Foundation, August 28, 2001.

Info Brokers Profit from Personal Information

Business and information brokers are selling individuals� personal information on their prescription drug purchases, credit information, civil and criminal legal information, professional licenses, property ownership, marriage and divorce records, and retail purchases. This information is culled from public records, catalog and online purchases, credit reports, product warranty cards, and consumer surveys. Jason Catlett, of Junkbusters, estimates that a typical consumer�s name and address is held by 500 different companies.

Customer Data Means Money, Information Week, August 20, 2001.

Gartner Research: P3P Will Not Fix Passport Privacy Problems

Arabella Hallawell, a Gartner research analyst writes that enabling P3P on Passport sites will offer no real benefit to consumers. Further, the inclusion of P3P in Microsoft Internet Explorer 6 was intended to prevent privacy legislation from Congress.

Commentary: Passport needs better privacy, CNET (Gartner), August 23, 2001.

MS Lobbies Washington on Passport

Microsoft (MS) has made an appearance in Washington with the Center for Democracy and Technology in order to quell notions that the Passport system will harm privacy and security.

Microsoft defends Passport in Washington, CNET, August 22, 2001.

Federal Judge Allows Release of Cable Records

A Federal Judge in New York has ordered a cable company to provide a subscriber�s records to law enforcement officials without notifying the subscriber. The court held that the Cable Communications Policy Act of 1984 does not require notice to the subscriber before law enforcement receives information on when the subscriber accessed the Internet and the volume of data transferred over the cable connection.

Cable-Based Internet Provider Cannot Reveal Federal Probe, New York Law Journal, August 23, 2001 (cookies required).

Judge Orders Removal of Medical Records from the Net

A Illinois state judge has ordered three anti-abortion activists to remove from the medical records of a patient from the Internet. The patient had experienced complications from an abortion, and the anti-abortion activists had obtained medical records of the incident and posted them online.

Judge Keeps Woman's Records Off Net, Yahoo News (AP), August 23, 2001.

FBI Harassed Senator Gore Sr.

New documents released from the FBI show that agency used its powers to monitor and spread rumors about Senator Albert Gore, Sr.

Hoover's FBI, Taking Aim At Al Gore Sr. Years-Long Vendetta Waged Over Senator's Hostility, Washington Post, August 23, 2001.
The COINTELPRO Papers, Documents From the FBI's Secret Wars Against Dissent in the United States by Ward Churchill & Jim Vander Wall.

CA Privacy Bills Moving in Assembly

Two California Assembly committees voted to approve new legislation that would restrict the sale of personal financial information and telemarketing business practices.

Consumer privacy bills get a boost in Assembly, San Francisco Chronicle, August 22, 2001.
Davis bids to weaken consumer privacy bill, San Francisco Chronicle, August 29, 2001.
California E-Mail Privacy Bill Clears Legislature , Newsbytes, August 30, 2001.
Consumer privacy bill mired in debate, Mercury News, August 31, 2001.

CCHC Releases Medical Privacy Forms

Citizens� Council on Health Care (CCHC) has published privacy declaration forms for public use. The forms explain individuals� rights under law and contain a statement to give to companies detailing preferences for handling health, medical, and financial data privacy.

Medical Privacy Declaration Forms, CCHC Web Site.

Official Secrets Act Considered Again by Congress

The Senate Intelligence Committee again is considering the Official Secrets Act, legislation that prohibits the disclosure of classified information by federal employees. Thomas Blanton, Director of the National Security Archive, argues in the New York Times that the Act will close government from citizen scrutiny and chill speech.

Keeping Secrets at Too High a Price, New York Times, August 22, 2001 (registration required).
National Security Archive.

ID Theft: Guide to Becoming a Victim

Michael Hyatt has published an article detailing the prevalence, costs, and high-risk behaviors associated with identity theft. The high-risk behaviors include: sharing the Social Security Number (SSN), losing one�s wallet or purse, receiving bills and credit card offers at a home mailbox, discarding paper with personal information in the trash, neglecting to check credit reports, failing to opt-out of financial information sharing, and choosing poor passwords to secure bank accounts and personal data.

How to Become a Victim of Identity Theft, Moreprivacy.com, August 19, 2001.
Avoid an Identity Crisis, Washington Post, August 29, 2001.

Bess Censorware Loophole Discovered

According to a recent report by Seth Finkelstein, N2H2�s Bess Internet filtering software contains a loophole that blocks certain sites due to program limitations. The loophole automatically blocks sites that provide anonymity, privacy, language and language translation services.

BESS's Secret LOOPHOLE (censorware vs. privacy & anonymity), by Seth Finkelstein.

States Taking Action to Limit Telemarketing

Two dozen states have enacted laws that create telemarketing do not call lists or restrict telemarketers from blocking caller id.

States Ring In Do Not Call Laws, Stateline, August 16, 2001.

Andersen Survey Finds Low Privacy Performance Among US Businesses

A survey of 75 cooperate web sites performed by Andersen Consulting found that none was in compliance with international privacy standards.
Web Sites Fail Global Privacy Test, CNET (Reuters), August 16, 2001.

UK Resident to Bring Safe Harbor Complaint Against MS

A UK resident is planning to ask the Federal Trade Commission (FTC) to investigate whether the Microsoft Passport system violates the EU-US safe harbor agreement.

U.K. Resident To Name Microsoft In FTC Privacy Complaint, Newsbytes, August 16, 2001.

EPIC Renews Objections to Windows XP and Passport

EPIC and 13 other civil liberties and consumer protection groups renewed objections to the Microsoft Windows XP operating system and the Passport identification and authentication system. In supplement to the original complaint, the groups alleged that Microsoft�s new operating system and identification system will be privacy invasive, weaken user control over data, and result in the degradation of Internet anonymity.

Supplemental Materials in Support of Pending Complaint and Request for Injunction, Request for Investigation and for Other Relief, EPIC Web Site.
Groups to detail privacy complaints about Windows XP to FTC , Mercury News, August 14, 2001.
Groups expand XP privacy complaint, USA Today (Reuters), August 15, 2001.
Microsoft's One-ID Plan Again Draws Fire Over Privacy, Washington Post, August 16, 2001.

Judicial Conference to Protect Electronic Case Files

The Administrative Offices of the US Courts has released a proposed policy that will increase privacy protections of electronic case files. The policy requires that personal identifiers, such as Social Security Numbers, be removed from electronic documents to prevent aggregation and identity theft. The proposed policy will be reviewed by the Judicial Conference at a September convention.

Report on Privacy and Public Access to Electronic Case Files, Administrative Offices of the US Courts.
Know Your Neighbor's Court Case, Wired (AP), August 15, 2001.

Panel Approves Electronic Monitoring of Judges

A panel of federal judges has recommended that all judicial branch computers should be electronically monitored. In May, a group of judges in the Ninth Circuit ordered their technical staff to disable monitoring systems, claiming that the monitoring violated privacy and the Electronic Communications Privacy Act.

Monitoring of Judiciary Computers Is Backed, New York Times, August 14, 2001 (registration required).
Judges committee: Computer monitoring should continue in all federal courts, Silliconvalley.com, August 13, 2001.

Geocities Places Web Bugs on Personal Web Pages

Geocities and other providers of free personal web pages have placed web bugs on others� pages in order to track Internet users.

Web Bugs Are Tracking Use of Internet, New York Times, August 14, 2001 (registration required).
Web Bugs, A Study of the Presence and Growth Rate of Web Bugs on the Internet, Cyveillance, August, 2001 (requires identification for access).

Swire Responds to Cato

Professor Peter Swire has written a report in response to a Cato position paper that was critical of privacy protections in law. Swire argues that self-help remedies for privacy protection are ineffective, and that the Cato paper misstated the relevant law governing privacy protection.

Internet Privacy and Self-Regulation Lessons from the Porn Wars, Cato Institute Briefing Paper.
Cato Privacy Paper Not Persuasive, Peter Swire Web Page.

Filters and Freedom 2.0 Review

Spiked Magazine has published a review of Filters and Freedom 2.0: Free Speech Perspectives on Internet Content Controls.

Filters and Freedom 2.0: Free Speech Perspectives on Internet Content Controls, EPIC Book Store.
Not in front of the children?, Spiked, August 9, 2001.

Surveys Finds Privacy Important Among Australians

The Australian Privacy Commissioner has announced the results of three surveys assessing attitudes on privacy. The studies focused on community, business, and government attitudes towards privacy. Among other things, the studies show that when Australians purchase products, they consider respect for personal information as important as product quality.

Research into Community, Business and Government attitudes towards Privacy in Australia, Australia Privacy Commissioner.

Technology Imposing New Challenges to Privacy

Heather Green writes in BusinessWeek that emerging technologies, such as E-ZPass, Keystroke logging, and facial recognition are posing new challenges to protecting privacy.

Technology's Creeping Threats to Privacy, Business Week, August 13, 2001.
Big Brother Logs On, Technology Review, September 2001.

South Africa Considering Repressive Monitoring Legislation

South Africa is considering granting new powers to security services to monitor citizens in an effort to fight terrorism and crime. A bill recently passed by the Cabinet provides for state monitoring of all telecommunications systems. Opponents claim that the new bill will eliminate anonymous Internet access and extend new powers to police that exceed those used by the former apartheid government.

Republic of South Africa Interception and Monitoring Bill.
Protests over SA snooping bill, BBC News, August 13, 2001.
South Africa moves to increase Net-surveillance, limit encryption, Declan McCullagh�s Politechbot.com, August 13, 2001.

Toll Info Released to Police in Mass.

The Massachusetts Turnpike Authority (MTA) has released information from its automatic toll-collection system to police investigators. The system, called "Fast Lane," bills drivers for their use of toll highways. Since Fast Lane records the date and time of each passage through the system, it can also be used to track vehicles as they travel.

MTA gives court toll-use data, Boston Globe, August 13, 2001.

EPIC Motions for Carnivore Discovery

EPIC has filed a motion to compel the Department of Justice to begin discovery in the Carnivore case. Through discovery, EPIC will be able to determine the adequacy of the document search performed by the agency. Carnivore is a surveillance tool used by law enforcement that can capture Internet communications. Last year, EPIC filed a Freedom of Information Act request to obtain all records regarding the system. Since filing the request, EPIC has received documents on Carnivore, however, it is clear from the documents that the search performed by the agency was incomplete.

EPIC Motion to Stay Proceedings Pending Discovery, EPIC Web Site, August 9, 2001.
EPIC Carnivore litigation page.
EPIC Seeks Discovery from DOJ in its Carnivore FOIA Suit, Tech Law Journal Daily Report, August 10, 2001.
Group Asks Court To Get Info On FBI E-Mail Snooping Tool, Newsbytes, August 10, 2001.

MS Plans Changes to Passport

Microsoft (MS) is planning changes to the Passport authentication service. Specifically, the company plans to reduce the amount of information required for registering a Passport account and to move user profiles outside Passport into the Hailstorm service. MS will also include the Platform for Privacy Preferences (P3P) in Internet Explorer 6, which will be bundled with the Windows XP operating system.

Microsoft Doesn't Satisfy Critics With Changes to Passport System, Wall Street Journal, August 10, 2001 (subscription required).
Microsoft to alter Passport, MSNBC (WSJ), August 10, 2001.

Judges Disable Monitoring Systems on Office Computers

A group of federal judges has disabled monitoring systems on their work computers, claiming that the surveillance violates ethical principles and the Electronic Communications Privacy Act.

Rebels in Black Robes Recoil at Surveillance of Computers, New York Times, August 8, 2001 (registration required).

Scarfo Update: DOJ Must Reveal Keystroke Logger Techniques

A federal judge hearing the case of Little Nicky Scarfo Jr. has ruled that the DOJ must submit testimony on the use of Keystroke logging devices. Previously, DOJ has argued that revealing any information on Keystroke logging would endanger the lives of law enforcement officers.

Judge Says FBI Must Reveal Computer Snooping Technique, Yahoo News (Reuters), August 7, 2001.
EPIC Scarfo Archive.
Privacy Advocates Question FBI's Keystroke Logging, Washington Post, August 13, 2001. Security of U.S. cited in mob trial, New Jersey Star Ledger, August 24, 2001.
Scarfo Judge: Private Hearing OK, Wired (AP), September 7, 2001.

ABA Changes Ethics Rules on Client Confidentiality

The American Bar Association (ABA) rejected a proposed rule that would have enabled attorneys to disclose information to police where a client uses the lawyer to commit a crime or fraud. However, the ABA did adopt a rule allowing attorneys to inform officials where a client plans to take an action that will cause "reasonably certain death or substantial bodily harm." The ABA ethics rules are not binding on attorneys. But, they are often used as model law by state legislatures and bar associations.

ABA Grapples With Questions of Privilege, Law.com, August 8, 2001 (cookies required).
Lawyers May Reveal Secrets of Clients, Bar Group Rules, New York Times, August 8, 2001 (registration required).

Yankee Group: 83% of Public Concerned About Privacy

The Yankee Group in a new poll has concluded that 83% of consumers are somewhat or very concerned about privacy on the Internet.

Online Privacy Continues to Be a Major Concern for Consumers, Yankee Group, August 7, 2001.

State Copyright Can Limit FOI Material

The U.S. Court of Appeals for the Second Circuit has held that states may assert copyright protection to prevent the distribution of public records obtained with freedom of information laws. Public records are commonly used for profiling and building dossiers on citizens.

Suffolk County v. First American, U.S. Circuit Court for the Second Circuit.
FOI Material Limited by State Copyright, Tech Law Journal Daily Report, August 7, 2001.

DOJ: Keystroke Logger Secret

Attorneys from the Justice Department have argued in court that introducing evidence on a keystroke-logging device will compromise national security. In the case being tried, the FBI employed a device to capture all the text entered into the computer via the keyboard. Privacy advocates argue that allowing the DOJ to enter the keystroke evidence without explanation may result in a new wave of manufactured evidence.

Feds: Spy Tool Is a Secret, Wired, August 7, 2001.
EPIC Scarfo Archive.

Viral Marketing Infects Schoolyards

Marketers increasingly are relying on "viral marketing" to entice children to purchase more products. Viral marketing is the practice where marketers target and then observe popular children using new toys and video games. The popular children are then urged to entice others to use or purchase the product.

Electronic Game Maker Lets Kids Do Their Marketing for Them, New York Times, August 5, 2001 (registration required).

Microsoft Develops Surveillance Program for eBooks

As part of Microsoft�s strategy to foster respect for intellectual property, the company has developed an Internet surveillance program for illegal eBook content. The program, according to Microsoft, searches for unauthorized distribution of eBooks constantly.

Anti-Piracy Efforts, Microsoft.com.
Microsoft's position on eBook encryption, anti-piracy efforts, Declan McCullagh�s Politechbot.com, August 6, 2001.
MS Security: On A Path As Clear As It Is Reliable, Slashdot, August 30, 2001.
Breaking Microsoft's e-Book Code, MIT Tech Review, August 30, 2001.

State, DOJ Officials Consider Blocking XP

State and Department of Justice officials are considering blocking the release of Microsoft Windows XP. The D.C. Circuit Court of Appeals has held that Microsoft is a monopolist company that used its market power unfairly to maintain dominance in the operating system market.

Not So Fast, Washington Post, August 4, 2001.
Justice Department, states consider blocking Windows XP, Declan McCullagh�s Politechbot.com, August 4, 2001.

PRC Offers 200 Opt-Out Numbers

The Privacy Rights Clearinghouse has compiled a list of 200 phone numbers that individuals can use to opt-out of information sharing.

PRC Opt Out Address List, Privacy Rights Clearinghouse.

FBI Nominee Supports Carnivore

FBI Nominee Robert Muller expressed support for the Carnivore Internet surveillance tool in his confirmation hearing.

FBI Nominee Promises Respect For Online Privacy, Newsbytes, July 31, 2001.

PF: DMCA Bad for Privacy, Research

The Privacy Foundation has printed an article arguing that the Digital Millennium Copyright Act harms both privacy and research. The DMCA prohibits the use and distribution of tools that circumvent access controls of digital content.

Digital Copyright Act Harms Research, Privacy Foundation, July 30, 2001.