Daily updates on privacy stories in the news.

March 2006 Archives

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Foreign Intelligence Surveillance Court Judges Testify About NSA Spy Program

Five former judges on the nation's most secretive court, including one who resigned in apparent protest over President Bush's domestic eavesdropping, urged Congress on Tuesday to give the court a formal role in overseeing the surveillance program. Judge Harold A. Baker, a sitting federal judge in Illinois who served on the intelligence court until last year, said the president was bound by the law "like everyone else." If a law like the Foreign Intelligence Surveillance Act is duly enacted by Congress and considered constitutional, Judge Baker said, "the president ignores it at the president's peril."

Judges on Secretive Panel Speak Out on Spy Program, New York Times, March 29, 2006

FBI Monitors Political Activists

The FBI, while waging a highly publicized war against terrorism, has spent resources gathering information on antiwar and environmental protesters and on activists who feed vegetarian meals to the homeless, the agency's internal memos show. For years, the FBI's definition of terrorism has included violence against property, such as the window-smashing during the 1999 Seattle protests against the World Trade Organization. That definition has led FBI investigations to online discussion boards, organizing meetings and demonstrations of a wide range of activist groups.

FBI Keeps Watch on Activists, Los Angeles Times, March 27, 2006.

IRS Plans To Allow Sale of Taxpayer Data

The IRS is quietly moving to loosen the once-inviolable privacy of federal income-tax returns. If it succeeds, accountants and other tax-return preparers will be able to sell information from individual returns - or even entire returns - to marketers and data brokers. The change is raising alarm among consumer and privacy-rights advocates. It was included in a set of proposed rules that the Treasury Department and the IRS published in the Dec. 8 Federal Register, where the official notice labeled them "not a significant regulatory action."

IRS plans to allow preparers to sell data, Philadelphia Inquirer, March 21, 2006.

Federal Court: Fliers Must Complete Search Process Once Begun

The Ninth Circuit Court of Appeals ruled Friday that travelers who walk through the airport metal detector implicitly consent to a search of their persons and bags, and they can't revoke that consent once the process has started. Domestic airline searches are still legally limited to screening for items the TSA has declared to be a threat to airline safety -- such as guns and cigarette lighters. However, if drugs or other contraband are found during screening, the evidence can be used in a criminal prosecution.

Fliers Can't Balk at Search, Wired News, March 20, 2006.

Proposed Bill Would Allow Warrantless Spying

The Bush administration could continue its policy of spying on targeted Americans without obtaining warrants, but only if it justifies the action to a small group of lawmakers, under legislation introduced yesterday by key Republican senators. The bill would allow the NSA to eavesdrop, without a warrant, for up to 45 days per case, at which point the Justice Department would have three options. It could drop the surveillance, seek a warrant from FISA's court, or convince a handful of House and Senate members that although there is insufficient evidence for a warrant, continued surveillance "is necessary to protect the United States," according to a summary the four sponsors provided yesterday.

Bill Would Allow Warrantless Spying, Washington Post, March 17, 2006.

Dept. of Homeland Security Again Fails in Computer Security

Most federal agencies that play key roles in the war on terror are doing a dismal job of protecting their computers and information networks from hackers and viruses, according to portions of a report to be released by a key congressional oversight committee Thursday. The Department of Homeland Security, which is charged with setting the government's cyber security agenda, earned a grade of F for the third straight year from the House Government Reform Committee. Other agencies whose failing marks went unchanged from 2004 include the departments of Agriculture, Defense, Energy, State, Health and Human Services, Transportation, and Veterans Affairs.

DHS Gets Another F in Computer Security, Washington Post, March 15, 2006.

California Sues Firm, Alleges Illegal Cell-Phone Records Sales

California filed a $10-million lawsuit Tuesday accusing a Florida company of illegally selling cellular telephone call records. The suit accuses Data Trace of unfair business practices and of falsely advertising that its services were legal. Last week, Missouri's attorney general filed a similar lawsuit against the firm and its Hollywood, Fla.-based owners.

California Files Suit Against Data Firm, Los Angeles Times, March 15, 2006.

Study: RFID Chips Are Vulnerable to Viruses

A group of European computer researchers have demonstrated that it is possible to insert a software virus into radio frequency identification tags, part of a microchip-based tracking technology in growing use in commercial and security applications. Until now, most computer security experts have discounted the possibility of using such tags, known as RFID chips, to spread a computer virus because of the tiny amount of memory on the chips.

Study Says Chips in ID Tags Are Vulnerable to Viruses, New York Times, March 15, 2006.

White House Briefs Senate Panel on NSA Eavesdropping Program

The new seven-senator intelligence subcommittee created to review the Bush administration's domestic surveillance program had its first White House briefing yesterday and is scheduled to visit the National Security Agency's headquarters Monday to gather additional information, according to congressional and administration officials. The surveillance program, which became public in December, allows the NSA to monitor phone calls and e-mails between the United States and abroad that involve, at least on one end, terrorists or persons associated with them.

Panel on Eavesdropping Is Briefed by White House, Washington Post, March 10, 2006.