Daily updates on privacy stories in the news.

October 2001 Archives

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Pentagon Makes Wish List of Surveillance Technology

Pentagon officials released a list of ideas for new technologies of surveillance. The list is intended to spark innovation and bids from private-sector developers of technology systems. The list includes systems that would track persons who purchase bomb-making material, polygraph machines for airline passengers, tracking devices for monitoring civilian and military targets, and software that can recognize persons who are speaking in Middle Eastern languages.

Pentagon Makes Rush Order For Anti-Terror Technology, Washington Post, October 26, 2001.

Location Based Services Raise Privacy Issues

The advent of devices that report user location, such as cell phones that track user location via GPS, affords commercial profilers and the government more opportunities to monitor behavior. In addition to cell phones, other devices, such as the automatic toll-paying system �EZPass,� can track drivers� location.

Cell Phones Set to Track Call Locales, Los Angeles Times, October 18, 2001.
It's the Cars, Not the Tires, That Squeal, New York Times, October 25, 2001 (registration required).

Privacy, Consumer Groups Urge FTC to Act on XP

EPIC and a coalition of consumer and privacy groups have urged the Federal Trade Commission (FTC) to take action to protect consumers from Microsoft Windows XP and Passport. The groups sent a letter to the FTC requesting immediate agency action and recommended to consumers that they should not sign up for Passport.

EPIC Letter to FTC Chair Timothy Muris, EPIC Web Page, October 23, 2001.
EPIC Passport Page.
Privacy groups slam Windows XP, ZDNet (Reuters), October 23, 2001.
Commentary: The Threat Of Microsoft�s .Net, by Whitfield Diffie and Susan Landau.
Big Brother Award nomination for WPA, Passport pains MS, The Register, October 25, 2001.

Anti Terrorism Legislation Signed

President Bush has signed H.R. 3162, the USA PATRIOT Act. The Act expands the power of law enforcement to monitor communications.

HR 3162, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, THOMAS Database.
Bush Signs Sweeping Surveillance Bill Into Law, Newsbytes, October 26, 2001.
Bush Signs Anti Terrorism Bill, Tech Law Journal Daily Report, October 29, 2001.
Field Guidance on New Authorities: Enacted in the 2001 Anti Terrorism Legislation (PDF), Department of Justice.

FINCEN: ID Theft Cases Double

The U.S. Treasury Financial Crimes Enforcement Network (FINCEN) reports that from January to April of 2001, 332 reports of identity theft were reported. There were 637 cases for the entire year of 2000 and 267 in 1999.

SAR Activity Review (PDF 1.1 MB), FINCEN, October 22, 2001.
Identity theft more than doubling, ZDNet (Reuters), October 22, 2001.

Baker: FBI Will Expand Net Surveillance

According to Stewart Baker, the former general counsel to the National Security Agency, the FBI has developed a new surveillance architecture that can capture all Internet traffic.

Beyond Carnivore: FBI Eyes Packet Taps, Interactive Week, October 18, 2001.

Oakland Airport to Use Face Recognition

Oakland International Airport has announced that face recognition systems will be deployed to scan passengers as they board planes.

Oakland to be first U.S. airport to use face-recognition ID system, Mercury News, October 17, 2001.

Ashcroft Directs Agencies to Restrict FOIA Releases

Attorney General John Ashcroft has directed agencies to evaluate Freedom of Information requests with heightened sensitivity to national security and law enforcement concerns. Ashcroft also pledged support to agencies that withhold information in order to protect institutional, commercial, and personal privacy interests. Since the September terrorist attacks, a number of agencies have been restricting access to government records. Most notably, the Nuclear Regulatory Commission has removed all content from its web site.

Ashcroft FOIA Memorandum, October 12, 2001.
Ashcroft Urges Caution With FOIA Requests, Washington Post (AP), October 17, 2001.
Ashcroft Tells Agencies to Resist FOIA Releases, Secrecy News, October 17, 2001.
The Post-September 11 Environment: Access to Government Information, OMBWatch Report.

Forrester: Muris� Privacy Plan Creates Confusion

Forrester Research argues in a new report that Federal Trade Commission Chair Timothy Muris� approach to privacy will exacerbate privacy problems. Muris recently changed the agency�s approach to privacy, advocating that Congress should not pass new laws to address consumer privacy protection. Forrester argues that Muris� approach lacks an overarching framework for enforcement that will result in ill-defined standards for appropriate business behavior.

Report: U.S. Privacy Plan Bad for Business, CRM Daily, October 16, 2001.

Anthrax Scare Changes Direct Marketing Tactics

Direct marketers, in light of recent anthrax envelope attacks, are changing policies in sending solicitations through the mail. The Direct Marketing Association (DMA) has recommended that marketers include return addresses on mail solicitations. The DMA has also recommended that marketers first send e-mail or make a phone call to recipients of mail solicitations.

Anthrax Scare Forces Postal Changes, Direct Marketers Adopt New Tactics on Mailings to Avoid Losing Business, Washington Post, October 17, 2001.

McNealy, Ellison, Dershowitz Call for National ID

Scott McNealy, CEO of Sun Microsystems; Larry Ellison, CEO of Oracle; and Alan Dershowitz, Harvard Law Professor; have advocated the adoption of mandatory national ID for all Americans. McNealy and Ellison have economic interests in such systems. Dershowitz argues that the loss of anonymity caused by national ID systems could be balanced by corresponding gains in security.

Well-meaning Congress putting liberties at risk, San Jose Mercury News, October 13, 2001.
Why Fear National ID Cards?, New York Times, October 13, 2001 (registration required).
ID Cards Are de Rigueur Worldwide, Wired, September 25, 2001.
Privacy International National ID Page.
The Oracle of National ID Cards, Wired, October 27, 2001.
Larry Cards, a nod to Oracle chief executive Larry Ellison's unabashed support for national ID cards, Wired, October 27, 2001.

RIAA Fails to Attach Piracy Language to Anti-Terrorism Bills

The Recording Industry Association of America (RIAA) attempted but failed to insert anti-piracy language into the terrorism bills. The proposed language would have allowed copyright owners to mount counterattacks against piracy. Specifically, the language would have allowed content owners to engage in malicious hacking in order to prevent violations of copyright law.

Music Firms Fail to Get Anti-Piracy Proposal on Bill, Los Angeles Times, October 15, 2001.
Your Rights Online: RIAA Wants to Hack, Slashdot, October 15, 2001.

Representatives Release Outline for Privacy Legislation

A bipartisan group of Representatives have formulated an outline for consumer privacy legislation. The outline includes provisions for notice, opt-out choice, and enforcement powers with the FTC. The Representatives plan to introduce a bill in 2002.

Stearns Presents Outline for Federal Statement on Information Privacy, Rep. Stearns Press Release, October 12, 2001.
Legislators renew push for privacy rules, CNET, October 12, 2001.

Senate and House Approve Versions of Anti-Terrorism Legislation

Early Friday morning, the Senate passed the Uniting and Strengthening America (USA ) Act. On Friday, the House passed the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act. Both bills contain provisions that will implicate privacy and other civil liberties. Both bills will allow law enforcement to intercept the headers of e-mail messages without a warrant.

S 1510, the USA Act, THOMAS Database.
HR 2975, the PATRIOT Act, THOMAS Database.
EPIC Page on Counter-terrorism Proposals.

CA Passes ID Theft Law

Governor Gray Davis has signed Senate Bill 168, a measure authored by Senator Debra Bowen (D-Redondo Beach), that will increase protections against identity theft in California. SB 168 will limit businesses from printing Social Security Numbers on identification cards and bills, and it allows consumers to issue a "fraud alert" on their credit reports.

California Creates Identity Theft Law, Newsbytes, October 11, 2001.
Senate Bill 168.

CA Gov. Vetoes E-Mail Privacy Bill

California Governor Gray Davis has vetoed Senate Bill 147, a measure that have required companies to give employees notice before monitoring their e-mail. Gov. Davis reasoned that giving notice to employees would place to great of regulatory burden on businesses.

Gov. Davis Vetoes E-Mail Monitoring Bill, Tech Law Journal Daily E-Mail Alert, October 10, 2001.
California Senate Bill 147.

AOL to Use Cookies for Ad Placement

America Online (AOL) has announced that the company will employ cookies in order to more effectively present advertisements to members.

AOL to Use Cookies to Target Ads, Washington Post, October 5, 2001.

ENUM: An Emerging Privacy Threat

Electronic Numbering (ENUM) is a standard that enables contact information to be retrieved through the use of a single number. The technology can enable people to communicate via e-mail, fax, voicemail, phone, pager, and other devices through the use of a single number.

Phone number-to-e-mail service raises privacy concerns, Computerworld, October 5, 2001.
EPIC ENUM Page.

FTC Abandons Support for Privacy Legislation

Federal Trade Commission Chair Timothy Muris has announced that he does not support federal legislation to protect privacy. His announcement reverses the former FTC policy, that allowed industry to self-regulate for years before ultimately concluding that self-regulation proved ineffective. Instead of pursuing legislation, Muris plans to devote more resources to enforcing current law in the area of identity theft, pretexting, and credit reporting violations.

F.T.C. Plans to Abandon New Bills on Privacy, New York Times, October 3, 2001.

Canadian Privacy Minister: No Video Surveillance in Kelowna

Canada�s Privacy Commissioner has found that the use of video cameras in Kelowna by police violates the country�s Privacy Act.

Privacy Commissioner releases finding on video surveillance by RCMP in Kelowna, Privacy Commissioner of Canada, October 4, 2001.

Davies: National ID Plan Violates Privacy

Simon Davies, Director of Privacy International, argues in the Daily Telegraph that a system of national identification cards will lead to privacy violations. Proposals for national ID also entail requirements that citizens submit a biometric identifier, the requirement that individuals produce the ID upon request, and a linkage between the card and data held by government.

Reckless ID card plan will destroy nation's freedom, The Daily Telegraph, September 29, 2001.
Privacy International ID Card Page.
National I.D. Cards: One Size Fits All, New York Times (AP), October 7, 2001.

EU Prohibits Spam

The Council of Ministers of the European Union (EU) has voted to prohibit the use of unsolicited commercial e-mail (Spam). Companies must obtain opt-in consent in order to send commercial e-mail messages. To become effective, this prohibition must be approved by the European Parliament.

EU sets online marketing rules, CNN (IDG), September 28, 2001.