Daily updates on privacy stories in the news.

February 2002 Archives

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Change in eBay Privacy Policy Draws Protest

eBay has changed its privacy policy to warn members that it may be more willing to give out their personal information to other users or companies. Previously, eBay warned members that it would give out information about them in connection with government investigations or inquiries by companies that felt their copyrights had been violated. Under the new policy, eBay warned it could give out information "as we in our sole discretion determine necessary or appropriate to maintain a level of trust and safety in our community and to enforce our user agreement, privacy policy and any posted policies or rules applicable to services you use through our site." Jason Catlett of Junkbusters calls this an "outrageous change" in the policy and has written a letter to the FTC asking them to investigate.

Watchdogs rap eBay policy changes CNET News, Feb. 27, 2002

Open Letter to FTC from Junkbusters

NEWS FLASH: eBay reverses itself and says it will not change privacy policy
EBay Drops Controversial Plan to Amend Privacy Policy Wall Street Journal, Mar. 19, 2002 (subscription required)

Microsoft Media Player Tracks Listening, Viewing Habits

Microsoft Windows Media Player (WMP) creates a log file of all the DVD movies viewed using the program. Additionally, the program �phones home� when CDs are played to capture the disc name and titles of the songs. WMP also has a universal identifier associated with the program, so that each user could be tracked based on media consumption. Microsoft has issued a new privacy policy notifying users of the data collection.

Serious Privacy Problems in Windows Media Player for Windows XP, Computerbytesman, February 20, 2002.
Microsoft Player Logs User Info, Washington Post (AP), February 20, 2002.
EPIC Digital Rights Management Page.

Supreme Court: Peer Grading Not A FERPA Violation

The Supreme Court has ruled in Owasso v. Falvo that �peer grading� does not violate the Family Educational Rights and Privacy Act (FERPA). In the case, the plaintiff argued that the practice of having classmates grade papers violated FERPA. The Court declined to decide whether FERPA can be used to support a private suit against the government.

Owasso Independent School District v. Falvo, No. 00-1073, Supreme Court Opinion.
Student Grading by Peers Passes High Court Test, Washington Post, February 20, 2002.

Anti-Telemarketers Address Sales Call Industry Abuses

An entire industry of individuals fed-up with telemarketing have developed products and services designed to avoid telemarketing.

Anti-Telemarketers Send Out A Very Busy Signal, Washington Post, February 20, 2002.

State AGs Urge FTC to Require Better GLBA Notices

Forty-four state attorneys general have urged the Federal Trade Commission to require clear and concise financial privacy notices under the Gramm-Leach-Bliley Act (GLBA). The attorneys general have argued that businesses should send standardized notices that are easier to read. This action mirrors the movement of public interest and consumer groups that filed comments with federal agencies in July 2001 arguing that GLBA notices were too difficult to read, and that standard notices should be issued.

44 Attorneys General, the D.C. Corporation Counsel, and the Hawaii Office of Consumer Protection Submit Comments to the FTC Regarding Gramm-Leach Bliley Privacy Notices, National Association of Attorneys General, February 15, 2002.
State AGs Urge FTC To Require Stronger Privacy Notices, Newsbytes, February 15, 2002.
Privacy Rights Now GLBA Petition, July 2001.

DoD: Facial Recognition Unreliable

Despite vendor claims of 99% accuracy in facial recognition technology, in Department of Defense (DoD) tests, the Agency found that the technology only recognized people 51% of the time.

Scanning Tech a Blurry Picture, Wired, February 16, 2002.
EPIC Face Recognition Page.

Military Subject to Privacy Act

The United State Court of Appeals has held that the military is subject to the Privacy Act of 1974. This decision comes a year after a lower court barred a Privacy Act claim against the military under the �Feres� doctrine. In that case, a soldier�s training records were leaked to an author without consent.

Military Can Sue Government for Privacy Invasion, Washington Post, February 15, 2002

Security Hole in Windows/MSN Messenger

A feature in MSN and Windows Messenger that apparently is intended to identify IE users (without their knowledge or consent) on Microsoft Web sites can easily be abused by any Webmaster with a bit of Javascript or VBscript. The feature allows anyone to obtain a surfer's Messenger username and those of his contacts, according to Richard Burton in a post Monday to the BugTraq mailing list. Worse, if a username is not available, the e-mail address of the surfer and those of his contacts are displayed instead.

Major privacy hole in Windows/MSN Messenger The Register, Feb. 5, 2002

Burton's Description of Hole

Update Microsoft: We're patching MSN hole ZDNet News, Feb. 11, 2002

BBBOnline Launches New Site

According to the Better Business Bureau "For consumers shopping on the Internet, privacy is a major concern. Almost three-quarters of Internet users are concerned about having control over the release of their private information when shopping online." They have launched new site, called the Safe Shopping Site, that lets consumers locate online companies that have met BBB standards for privacy in e-commerce. It also educates online shoppers about how to protect their privacy on the Internet.

Better Business Bureau Debuts Privacy Site E-Commerce Times, Feb. 4, 2002

Safe Shopping Site

Privacy Requirements for Privacy Seal

FTC Launches New Program to Help ID Theft Victims

The FTC is launching a program that should make it easier for victims of identity theft to alert creditors and merchants to fraudulent activity on their accounts. The FTC hopes its ID Fraud Affidavit will simplify the reporting process by allowing victims to send the same form to dozens of credit issuers and merchants that have agreed to participate in the program.

FTC Launches Program To Ease ID Theft Reporting Newsbytes, Feb. 5, 2002

FTC Affidavit
FTC ID Theft Site

Trusted Passenger ID Cards

A U.S. Department of Transportation task force is moving forward with plans for a national transportation-worker identity card intended as a first step toward "trusted-traveler" cards for airline passengers. The trusted-traveler card is part of the Aviation and Transportation Security signed by President Bush Nov. 19 that authorized the Transportation Security Administration to "establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers." Trusted-traveler cards would authorize passengers to bypass extensive security screening at airport checkpoints. The electronic card would have an encoded biometric description of the owner to ensure that the person using it is the same person identified on the card. The Transportation Department task force wants the cards to be used throughout airports and transportation services internationally. The card is intended to shorten lines at airports for frequent fliers who will undergo FBI and foreign background checks. Information the owners will also be shared with law enforcement agencies around the world.

ID Card for Air Passengers Washington Times, Jan. 31, 2002

Loss of Privacy is Cost Barry Steinhardt, USA Today, Jan. 28, 2002

Airline Passenger Profiling System

Federal aviation authorities and technology companies will soon begin testing a vast air security screening system designed to instantly pull together every passenger's travel history and living arrangements, plus a wealth of other personal and demographic information. The government's plan is to establish a computer network linking every reservation system in the United States to private and government databases. The network would use data-mining and predictive software to profile passenger activity and intuit obscure clues about potential threats, even before the scheduled day of flight. A profiling system of this size and range of applications has never been contemplated and is a dramatic departure from American values and traditions.

Intricate Screening Of Fliers In Works Washington Post, Feb. 1, 2002

Corporations are now lining up to provide such a system to the TSA, as well as to other enforcement authorities.

Homeland Security New Focus of Siebel Firm Altered Software After Sept. 11 Washington Post, Feb. 8, 2002