Daily updates on privacy stories in the news.

March 2004 Archives

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DHS Announces Contract for Data-sharing Network

Verity Inc. will manage the Department of Homeland Security�s (DHS) information-sharing network, which will extend its system to include state and local governments as well as first responder agencies. The plan is to allow the sharing of secure intelligence and tactical information among local, state, and federal law enforcement agencies. Over the next few months the network will be in an expansive phase to include all 50 states and 5 territories, the District of Columbia and 50 major urban areas.


DHS taps Verity for data-sharing net
, Government Computer News, March 30, 2004

When is a MATRIX Not a MATRIX?

Utah became the 11th state to withdraw from the Multi-state Anti-terrorism Information Exchange program also known as MATRIX. The program was designed to allow the sharing of crime databases among participating states and federal agencies. The findings of a review committee appointed by the Governor of Utah to assess the state�s involvement in the program resulted in the decision to suspend participation.


Utah withdraws from anti-terrorism network
, Government Computer Week,
March 30, 2004

A Person of Interest Claim by Ashcroft Results in Suit

During the investigation of the anthrax attack a former research scientist at the facility identified as having been the source of the weaponized material used in the attack was described, by Attorney General Ashcroft, as a person of interest in the investigation. After the comment, Steven Hatfill, a former Army scientist was dismissed from a new position and has not been able to find work in his field of work. Hatfill filed suit against Aschcroft seeking unspecified damages.


A Person of Interest Claim by Ashcroft Results in Suit
, Seattle Times, March 30, 2004

RFID Tags Ready or Not Here They Come

Wal-Mart admits that its ambitious timetable for delivery of all goods by vendors will not be met. However, they are still working for all suppliers to have Radio Frequency Identification (RFID) technology on all bulk deliveries of merchandise to their stores by 2005. RFID systems use electronic readers to retrieve digital data stored in microchips embedded in plastic product tags. Because of public reaction regarding privacy concerns the application of the technology to individual sales items has been curtailed.


Wal-Mart Hits Snags in Push to Use Radio Tags to Track Goods
, New York Times, March 29, 2004

Talking the Same Language: Government Network Interoperability

The hardest thing to kill is a very bad idea. Total Information Awareness by any other name, including RAINS is still a problem. The Regional Alliance for Infrastructure and Network Security (RAINS), unveiled an �open format� system built as a multi-vendor, interoperable solution for sensitive information sharing across law enforcement jurisdictions. After September 11, 2001 the group formed to work on interoperability issues. The effort has received support from the Department of Homeland Security, but much of the group's work has been done through the Defense Department.

Group aims to set data-sharing standard, Government Executive, March 29, 2004

A Suspicious Electric Utility Bill?

A Carlsbad California family was subjected to a lot of undue attention from authorities for having, what police described as an unusually high electric utility bill. Solely based on the family�s electric utility usage local law enforcement officers were able to obtain a search warrant to gain access to the family home in search of a marijuana farm. What they found instead was a typical modern American home; with lots of laundry, kids that do not turn off lights, and power hungry computers, but no marijuana.

High Electric Bill Leads To Calif. Police Raid, Channel 10, online San Diego News, March 28, 2004

Terrorist Data Screening Center is Online

The FBI announced that on March 12 the Terrorist Screening Database went online. The new database facilitates the merging of multiple sources of computer-based information, currently managed by multiple agencies to screen for suspected terrorist. The information on the database will be available to local law enforcement officers who will be alerted if information put into the system identifies an individual as being on the terrorist list. There are no details on how citizens might be placed on the list, but the ramifications of being identified as a potential terrorist can be substantial.

Analysis: U.S. gets one terror list at last, United Press International, March 26, 2004

A House that Monitors is Residents

A smart house project designed to monitor residents, is being promoted as a way to give the elderly options for independent living. The �smart home� projectmay be an option for those who are ill or elderly and who may otherwise be left with few options other than assisted living or nursing home care. The home is open to constant internal monitoring of its occupant(s), including sensors that can be worn on clothing that measure health conditions.

A 'smart' house for the elderly, Newsday, March 26, 2004

Detroit Officers Sued Over Ethnic Profiling

Two Arab American men accused of suspicious activity were questioned for hours about whether they were members of al-Qaida and later released. Their lawsuit seeks an undetermined sum of money and alleges ethnic intimidation, defamation of character, false imprisonment and civil rights violations.


Two Men Sue Detroit Police Officers
, Associated Press State and Local Wire, March 26, 2004

Betting on a Sure thing

The eyes are on the gambler�electronic eyes counting their chips as a way of calculating the rewards that casinos will give high rollers in the form of complementary gifts. This automated method of tracking patron transactions in a casino involves the use of a device, called a MP21, which is made by MindPlay, a company based in Bellevue, Wash. The system uses an array of 14 concealed cameras as well as image-recognition software to capture and count bets in the form of chips and the cards dealt to each gambler.


Home e-filers continue to surge
, New York Times, March 25, 2004

Cameras Will Not be Deployed in Louisiana Middle School

A proposal to install video cameras at Stanley Middle School was rejected by Lafayette Louisiana school trustees. The surveillance system was advocated as a means of reducing vandalism and enhancing school safety. However, when asked by trustees to provide proof that the video cameras would have this affect, no substantiating statistics were provided.


Board nixes plans for video cameras
, Contra Costa Times (CA), March 24, 2004

Fingerprint ID System In Use at Pentagon

Nearly 1,300 Pentagon employees are using the U.are.U Pro fingerprint recognition system produced by DigitalPersona, Inc to gain access to computer-based applications. The users are senior DOD personal with most assigned to the CIO�s office. The application is designed to eliminate the need for password management to control access to digital information.

Pentagon tries fingerprint sign-on, Government Computer News, March 23, 2004

University Faculty Subjected to Background Checks

Faculty applicants at Pennsylvania State University will under go extensive background checks far beyond the requirements that would be associated with their position responsibilities. University justification for the employment related investigations rest on the case of a professor employed by the University who was later found to be on parole for three murders committed during the 1960s. The American Association of University Professors opposes the increased scrutiny.

Faculty riled by criminal checks, Penn State University, Centre Daily, March 23, 2004

What�s in a Name? The Supreme Court Will Decide

The Supreme Court heard arguments in a case brought as a result of Larry Hiibel�s refusal to provide his name upon the request of a law enforcement officer nearly 4 years ago. Mr. Hiibel, a Rancher in rural Nevada was not driving, but standing outside of a pickup truck, when approached by the policeman. The case will provide an opportunity for the Court to determine whether law enforcement officials can demand the identity of individuals whenever they deem it necessary.

High Court to rule on police requests for ID, Detroit Free Press March 23, 2004

University Faculty Subjected to Background Checks

Faculty applicants at Pennsylvania State University will under go extensive background checks far beyond the requirements that would be associated with their position responsibilities. University justification for the employment related investigations rest on the case of a professor employed by the University who was later found to be on parole for three murders committed during the 1960s. The American Association of University Professors opposes the increased scrutiny.


Faculty riled by criminal checks
, Penn State Publication, Centre Daily, March 23, 2004

NY Federal Judge Orders Turnover of Abortion Records

The Department of Justice (DOJ) in a number of attempts across the nation, which include Chicago, San Francisco and the University of Michigan, has sought access to abortion records in investigations related to enforcement of the Partial-Birth Abortion Act. The reaction from the federal bench has been a mixed bag ranging from out right denial of the DOJ�s requests to approval.

Judge orders hospital to turn over abortion records, CNN Online, March 20, 2004

Army Intelligence Gathering on Civilians Admitted

Civilian participants at a University of Texas conference titled �Islam and the Law: The Question of Sexism,� attracted the attention of US Army counterintelligence. Two agents with the Army�s Intelligence and Security Command from Fort Hood, Texas went to the law school seeking information on conference participants. The army�s action bypassed an FBI waiver requirement designed to protect citizens from military investigations.

Army Erred in Seeking Civilians' Names, Associated Press, March 15, 2004

International Students Boycott Fee to Track Them

Foreign students at the University of Massachusetts refuse to pay a $65 fee that contributes to the Student and Exchange Visitor Information Systems program, which is used to monitor them while they are in the United States. So far nearly 200 students have joined in the boycott.


International Students Refuse to Pay New Fee
, Los Angeles Times, March 22, 2004

Old Law Helps Get Access to Federal Information

Henry Waxman, Ranking Member of the House Committee on Government Reform finds a 1928 law very helpful in seeking information from Federal government Agencies. The law allows any seven members of the House Government Reform Committee to make a joint information request to any agency under the Committee�s jurisdiction. In 70 years the law had rarely been used, but Waxman has used it six times since 1998, with three of the requests coming in the past year.

Obscure rule aids Democrats in getting information from agencies, Government Executive, March 19, 2004

DOD�s Offshore Biometric Roll Out

The Department of Defense is moving ahead in South Korea, Japan, and Europe with its largest biometric smart card rollout to date. The project has registered individuals who do not qualify for DOD Common Access Cards. There are about 650,000 military users and contractors registered at Defense Biometric Identification System (DBIDS) around the world.

DOD tries out biometric smart cards overseas, Government Computer News, March 19, 2004

SPAM is Winning?

After recent enactment of a federal law placing limits on bulk e-mail it appears that life has not improved for the Internet communications user. A survey conducted by Pew Internet and the American Life Project found that 75 percent of Internet's users detect no change or register an increase in their volume of junk e-mail. Gathering the comments of 1,371 Internet users over several weeks in February of this year, the survey found that 63% of users distrusted e-mail, which is an increase from 52% in June 2003.

Junk E-Mail Is Unabated Despite Law, Survey Says, New York Times, March 18, 2004

DOJ Asks FCC for Changes in Domestic Surveillance Policy

The Department of Justice, Federal Bureau of Investigations, and the Drug Enforcement Agency delivered an 83-page petition to the Federal Communications Commission demanding new surveillance powers. The law enforcement entities would like the power to enforce redesign of ISP and VoIP architecture to facilitate the ease of wiretap and tracing of Internet communication.

More Spy Powers for the FBI? Bad Move, Business Week, March 18, 2004

IBM Wins DOD RFID Project

IBM�s Business Consulting Services will receive $8.4 million over 3 years to assist in developing a Defense-wide radio frequency identification device (RFID) policy and offer support for the policy�s execution. DOD suppliers by 2005 will be expected to provide deliverables with RFID tracking technology. The DOD�s goal is to improve management of resources.

IBM to provide RFID support, Federal Computer Week, March 17, 2004

EPIC's RFID Page

CAPPS II Hearing Raises Liability Concerns

Congresswomen Eleanor Holmes-Norton (DC-D), asked the Transportation Security Administration�s (TSA) if it was prepared to address CAPPS II errors in passenger identification that result in economic loss. In that same hearing the Government Accounting office recommended that TSA should develop realistic budgetary impact analysis and a mechanism for redress to parties wrongfully delayed or detained by the passenger screening system known as CAPPS II.

Norton raises CAPPS II liability fears, Federal Computer Week, March 17, 2004

ISPs Looking Over the Shoulders of Customers

Internet Service Providers (ISPs) are actively checking to see which of their customers are being naughty or nice as a means of combating spam. For some time Broadband companies have admitted to routinely monitoring users for signs of abuse and taking action when they deem it to be appropriate. After attacks of viruses Sobig, MyDoom and Bagle ISPs have increased their scrutiny of customer online behavior and is not likely to decrease this surveillance anytime soon.

Customers Squeezed, as ISPs Close in on Viruses, C/Net News.com, March 17, 2004

FBI Analysis Faces Trail Over Abuse of Database Access

Jeffrey D. Fudge, a former FBI Analysis will go on trial next month in Dallas, Texas for alleged misuse and unauthorized access of the Bureau �s computer network. His work involved use of the Automated Case Support system, the National Crime Information Center (NCIC), the Texas Crime Information Center, the Texas Law Enforcement Telecommunications System and the FBI Net. Judge denies any wrongdoing.

FBI Analyst Faces Trial for Surfing Law Enforcement Systems, Government Computer News, March 17, 2004

CA Legislative Proposal Challenges E-File Sharer Privacy

California Democratic State Senator Kevin Murray introduced a bill that would require file sharers of electronically disseminated commercial recordings or audiovisual work to disclose their name and address as part of the information associated with the electronic file. Should the legislation become law, violators could face up to a year of jail time and a maximum of 2,500 in fines.

Setting a Trap for Net Pirates, Los Angeles Times, March 17, 2004

CA State Bill S. 1506

Continuing Fall Out from 9/11

People living in Aberdeen, Maryland are left in the dark as to what toxins might be leaking into their water supply from the neighboring military weapons training facility. Prior to September 11, 2001 the army in acknowledgement of the resident�s fears routinely provided detailed information on potentially harmful compounds used at the facility that could contaminate the town's drinking water. In 2002, the residents discovered, perchlorate, a toxic substance derived from rocket fuel in their water supply. When they requested more information, they were given a map, but all landmarks and sources of toxic runoff were missing. The University of Maryland�s Environmental Law Clinic has come to the aid of Aberdeen residents by filing a lawsuit last year seeking detailed information facility.

SECRECY IN GOVERNMENT: Security Overrules Public Access, the Atlanta-Journal Constitution, March 16, 2004

Link to University of Maryland's Environmental Law Program>

Continuing Fall Out from 9/11

People living in Aberdeen, Maryland are left in the dark as to what toxins might be leaking into their water supply from the neighboring military weapons training facility. Prior to September 11, 2001 the army in acknowledgement of the resident�s fears routinely provided detailed information on potentially harmful compounds used at the facility that could contaminate drinking water supplied to the town. In 2002 the residents discovered, perchlorate, a toxic substance derived from rocket fuel in their water supply. When they requested more information, they were given a map, but all landmarks and sources of toxic runoff were missing. The University of Maryland�s Environmental Law Clinic has come to the aid of Aberdeen residents by filing a lawsuit last year seeking detailed information facility.

SECRECY IN GOVERNMENT: Security overrules public access, the Atlanta-Journal Constitution, March 16, 2004

Link to University of Maryland's Environmental Law Program>

Two Federally Funded Privacy Protection Programs Eliminated

Two privacy protection programs that were part of the Pentagon�s Terrorism Information Awareness (TIA) research project closed their operation although parts of the project�s data-mining research lives on in foreign intelligence R&D programs. One of the privacy protection programs shielded the identity of individuals during a search of government and commercial records until confidence in the potential for terrorist activity reached a defined point. While the other program provided privacy defense when private health records were scanned in search of evidence of potential bio-terror attacks.

Privacy Safeguards Deep-Sixed, March 15, 2004

EPIC�s Total Information Awareness Page

A Letter Sent to the US AG Requests a Probe of Senate File Break-Ins

In a letter sent to US Attorney General John Ashcroft a bipartisan group of US Senators requested an independent council to investigate charges that Senate Judiciary Republican staff stole and made public Democratic computer files related to Federal Judicial nominations. This agreement was reached after an earlier effort to formulate an official Senate Judiciary Committee response to the break-ins failed.

Senate Panel Agrees to Seek Federal Probe, March 12, 2004

The Senate Sergeant at Arms Report on the break-ins

New York and Wisconsin Reject Matrix

After cost benefit analysis both states decided not to continue their involvement with the Matrix interstate law enforcement database operated by Seisint, a private company in Boca Raton, Florida. Only five of the more than one dozen states remain involved with the Matrix project because of growing doubts about federal funding and lower expectations of the benefits of using the database. The Matrix database would allow the sharing of criminal, prison and vehicle information among participants.

N.Y. and Wis. Out of Controversial Matrix Database, USA Today, March 11, 2003

SF Library Seeks Use of RFID Tracking Technology

San Francisco Library officials held a forum to allow discussion on their plans for use of �radio frequency identification� (RFID) tags as a means of improving book inventory control. If the technology is adopted they would join other large library systems using the technology. The RFID chip poses a threat to privacy because of its potential for abuse by governments, businesses, or others with reception technology capable of reading the information transmitted. Many privacy advocates are pressing for government oversight of the technology, which would be supported by privacy guidelines for the public and private sector.


Library Officials Grilled on Plan to Put Trackers in Books
, USA Today, March 3, 2004

Plans for a DOJ Privacy Officer

The House Judiciary Committee recently passed a Justice Department reauthorization bill that includes language for the establishment of a new statutory privacy officer. If the bill becomes law the Department of Justice would become the second federal agency to require a statory privacy officer. There are other privacy officers serving in the federal government, but only one, Nuala O'Connor Kelly, with the Department of Homeland Security is required by federal law.

Justice Could Get New Privacy Boss, Federal Computer Week, March 4, 2004