Daily updates on privacy stories in the news.

November 2001 Archives

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Making ID Theft Easy in the West

Two stories from Oregon and California highlight the growing problems with Identity Theft. In Hillsboro, Oregon a man was found with computer discs containing DMV data on thousands of drivers in Oregon. It is not clear if he might have sold this information to other identity thieves. In California the State is responsible for selling the birth records of more than 24 million Californians to a web site that has posted it on the Internet, offering easy access to critical information needed to create fake identities. Senator Cantwell from Washington is introducing legislation in Congress to give consumers more control over their credit record.

Update: Company Agrees to remove birth record data from Internet, but only if the affected Californian asks them.

Privacy concerns lead Web site to delete birth data by request San Jose Mercury News, November 30, 2001

Alleged ID Theft Could Affect Thousands In Oregon Yahoo News, November 28, 2001

State sells birth data to Web site, raising ID theft fears San Jose Mercury News, November 29, 2001

Cantwell proposes ID-theft law Seattle Times, November 27, 2001

Health Privacy Act : Not Enough Protection

The Health Privacy Project released a report funded by the Pew Internet & American Life Project that examines how the new federal health privacy regulation covers - and does not cover - consumer-oriented health Web sites and Internet-based health care. The report found that: (1) the regulation does not apply to most health Web sites; (2) different rules may to different sites offering the same services; and (3) even at Web sites owned or operated by organizations that are covered by the privacy regulation, it is not clear which activities at those sites are subject to the regulation.

Pew Internet Project Report (pdf)

Health Privacy Project

Privacy Act Doesn't Apply To Most Health Sites - Pew Newsbytes, November 19, 2001

New FBI Keylogging Program Reported

MSNBC is reporting that the FBI is developing software capable of inserting a computer virus onto a suspect's machine and obtaining encryption keys, The software, known as "Magic Lantern," enables agents to read data that had been encrypted. The controversial software called Carnivore (renamed DCS 1000), has been ineffective against suspects who encrypt their files. Magic Lantern installs so-called "keylogging" software on a suspect's machine that is capable of capturing keystrokes typed on a computer and thereby getting the password that encrypts the message. Magic Lantern is supposedly one of a series of enhancements currently being developed for the FBI's Carnivore project, under the umbrella project name of Cyber Knight. MSNBC.com has filed a Freedom of Information Act request with the bureau to get more information.

"Magic Lantern" part of new "Enhanced Carnivore Project" MSNBC.com, November 21, 2001

EPIC Carnivore page

EPIC's Carnivore FOIA Documents

FBI's Carnivore site

Successful FTC Enforcement of Privacy Policy

The FTC has settled charges with an Internet operation RhinoPoint.com owned by New Millenium Concepts, Inc. that misled consumers into paying membership fees and turning over sensitive personal and financial information by claiming that it would pay for the consumer's Internet access. The company's privacy policy had stated that it would never share information with third parties. As part of the settlement, the company agreed to destroy all personally identifying information. The FTC used its power under section 5 to pursue unfair and deceptive trade practices to bring this case against the Operator. We hope we will see more such aggressive enforcement of consumer privacy from the FTC in the future.

FTC Press Release

FTC Act, 15 U.S.C. � 45(a)

Report Violations to FTC FTC Complaint Form

EPIC Holds National ID Shred In

EPIC is holding a public shredding of national ID cards on the East House Lawn of the Capitol Building at 1 PM on Friday, November 16. EPIC will be joined by Brad Jansen of Free Congress Foundation and Lori Cole of Eagle Forum to discuss the threats to civil liberties posted by National ID Systems. This shredding is being held in response to a House Government Reform Committee Hearing on national ID cards.

EPIC Identity Cards Page.
Privacy International National ID Cards Page.

Supreme Court Places Time Limits on Right to Sue in ID Theft Cases

The Supreme Court ruled in 9-0 decision that Federal law gives people whose credit ratings have been damaged by a credit reporting company's mistake only two years from the date of the mistake to file a lawsuit, even if the mistake does not come to light until later. The Bush Administration and consumer groups advocated that the statute of limitations clock should start ticking when the victim becomes aware of the theft, rather than when the theft occurs. The Court was unable to find support for this view in their reading of the statute. It might be time now for Congress to clarify their intentions. It also serves as a reminder to all consumers to be vigilant about what goes on their credit report.

Justices Uphold 2-Year Deadline on Suing Credit Raters New York Times, November 14, 2001

TRW, Inc. v. Andrews Findlaw

Privacy Rights Clearinghouse ID Theft page

Justice Department to Spy on Detainees' Attorney Phone Calls

In a remarkable move, the Justice department announced that it would listen in on the conversations of lawyers with clients in federal custody, including people who have been detained but not charged with any crime, whenever that is deemed necessary to prevent violence or terrorism. The eavesdropping rule was adopted on an emergency basis last week, without the usual waiting period for public comment. The rule raises serious constitutional problems and will face a severe challenge.

U.S. Will Monitor Calls to Lawyers Washington Post, November 9, 2001

Power Grab Allows Government Eavesdropping on Inmate-Attorney Conversations ACLU Press Release, November 9, 2001

House Questions FTC Chairman on Privacy Issues

FTC Chairman Timothy Muris was the sole witness at a hearing organized by the Subcommittee on Commerce, Trade, and Consumer Protection on November 7, 2001. This was his first hearing before Congress and the Subcommittee members questioned him closely on his proposals to protect consumer privacy both online and offline. While the hearings did not get too far into the specifics, the Subcommittee did send a signal that consumer privacy is one of the top items in their agenda. Muris told the subcommittee that his agency is working hard to implement the major themes of the privacy agenda he announced last month, including a national do-not-call telemarketing list, and a crackdown on identity theft and on- and offline scams.

Hearing on Challenges Facing the Federal Trade Commission November 7, 2001

FTC Chief Grilled On Privacy At 1st Congressional Hearing Newbytes, November 7, 2001

Protecting Consumers' Privacy: 2002 and Beyond Timothy Muris, October 4, 2001

Microsoft's Passport System Deeply Flawed

Marc Slemko, a software developer, developed a technique to steal a person's Microsoft Passport, credit card numbers -- and all, simply by getting the victim to open a Hotmail message. He cobbled together this technique in just half an hour. Slemko withheld publication of the flaws until Microsoft had an opportunity to correct it. The attack renews questions about the inherent security of Passport, which is being positioned by Microsoft as the lynch pin of its .NET e-commerce service initiative. Slemko argues that, "Passport's greatest marketing strength -- the single sign-on -- is also its chief technical weakness."

Stealing MS Passport's Wallet , Wired News, November 2, 2001

Risks of the Passport Single Signon Protocol, AT&T Labs - Research

EPIC's FTC Complaint Re: Microsoft .NET Initiative (pdf)

USA PATRIOT Act Contains ID Card Proposal

A provision in the recently passed anti-terrorism legislation may create a scheme where all non-citizens would have to use an identification card to enter the country. The provision calls upon the Attorney General to create an �integrated entry and exit� system that could include biometric identifiers and improved identity documents.

The USA PATRIOT Act, THOMAS Database.
New law contains ID-card proposal, Washington Times, November 1, 2001.