Daily updates on privacy stories in the news.

September 2009 Archives

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Facebook's Guilt By Association?

The Facebook application created by Advance Alien Technology (AAT) is the latest demonstration of how poor privacy policies and government investigations can collide. A survey, created using an application developed by AAT, asked whether "President Obama should be Killed" and offered several options for respondents. Many Facebook users were outraged, and contacted the company and the Secret Service. The survey was taken down, but not before several hundred people participated. The Secret Service is investigating the matter, but the issue may not just be about the person(s) who created the survey. An investigation could extend to the people who participated in the survey, as well as their Facebook network of contacts. The one thing that Facebook users might not anticipate is the use of all applications allows the developer to collection information on them. Unfortunately, if Facebook users practiced poor privacy hygiene and their privacy settings are not set to protect privacy, the application developer may also be collecting information on their network of contacts. In this case, how much information the Secret Service may collect and how much might be available for them to collect may leave a lot of people vulnerable to being caught up in a federal investigation related to a threat on the President's life.

Secret Service investigates Obama poll on Facebook, David G. Savage, Los Angeles Times, September 29, 2009

Netflixs v. Customer Privacy

Facebook is the latest company to fall victim to the Federal Video Privacy Act, which became law following the controversial nominations process for then Supreme Court nominee Robert Bork. The law is intended to protection video rental records from disclosure. Netflix is an online video rental service, which is attempting to develop predictive models on what movies may be of interest to which customers. They recently awarded a $1 million dollars in a contest to find new methods for predicting customer interest.

New "Irresponsible" Netflix Contest May Violate Customer Privacy, David Coursey, PC World, September 22, 2009

The Clouds Keep Getting Bigger without Cover for Privacy

The rush to join cloud computing services that provide little in the way of privacy protection or data security is continuing. According to the Pew Internet & American Life Project's released survey results reported that 69 percent of Americans who are online use Web-based e-mail, store data or use software applications over the Internet.


Cloud Computing Gains Momentum but Security and Privacy Issues Persist
, Government Technology News, September 25, 2009

What is Privacy in the Age of Facebook?

This question is pondered by Marc Rotenberg Executive Director of the Electronic Privacy Information Center. The organization is a non-partisan public policy research center based in Washington DC that focuses on technology policy as it relates to the collection, retention, sharing, use, and reuse of personally identifiable information.

What's Privacy in the Age of Facebook?, Marc Rotenberg, Huffington Post, September 25, 2009

Protecting Privacy While Using Social Networking Services

The first lesson is that users should not be responsible for making social networking services safe. No other product or service expects consumers to make them safe for use once they are make available to the public. However, there are some good rules of the road that users should be aware of so that they can be more proactive in promoting good personal information hygiene when using Facebook and Twittler.

Protect your Privacy on Facebook and Twitter, Tony Bradley, PC World, September 24, 2009

DHS Finally Publishes Annual Privacy Report

The Electronic Privacy Information Center Sent a reminder to the agency that their Annual Privacy Report was tardy. The report was published their Annual Privacy Report on September 24. The report sheds light on policy and practices that impact privacy such as laptop searches at airports. Although the Chief Privacy Office characterizes searches as infrequent the search of one digital device without due process is one too many. The history of the agency engaging in privacy invasive actions such as the use of whole body imaging technology was represented as infrequent, but at the beginning of 2009 the agency began a push to make it mandatory for all travelers.

DHS privacy report: Laptop searches at airports infrequent, Jaikumar Vijayan, IDG News Service, September 25, 2009

Facebook Looking to Close the Door on "Beacon"

Facebook is seeking immunity from further litigation arising out its adoption of an application that disclosed purchases of users to their online social network. The application tripped up the company when it violated federal law prohibiting the disclosure of video rental or purchase information to others. The privacy advocacy community strongly objected to Beacon, while the application also raised protests from Facebook users. The company's proposal to settle the case also raises some questions regarding its benefit to those affected, and what role if any that Facebook should play in filling the leadership post that will decide how $9 million in proposed settlement should be dispersed.

Privacy Advocates hail Facebook Plan to Shuttle Beacon, Jaikumar Vijaya, Computer World, September 22, 2009

Government Gives Its Internet Surveillance Program a Privacy Okay

A Justice Department Memo Dated August 14 was released this month that gives an okay to the federal wide special surveillance program called Einstein II. The program was initiated to track visitors to government agency web sites or sending e-mail to government employees personal accounts if it is accessed from work. It is stated that persons assumes the risk that their communications are being monitored. The memo failed to explain how a sender of a message would know if the recipient was at work or not or how they would control access to a message if they did not want government collection of the information.

Cybersecurity Plan Doesn't Breach Employee Privacy Administration Says, Ellen Nakashima, Washington Post, September 19, 2009

Location, Location, Location -- The New Privacy Battleground

We are going to wish for the days when the advertisers had to get you in front of a television, within hearing of a radio program, or they had to wait for use to open a magazine or newspaper before they could attempt to sell us something. Now the use of locational tracking features of cellphones and other personal digital devices may make reaching out to sell you something ubiquitous.

Locational tracking on cell phones raises privacy concerns, Troy Wolverton, Mercury News Columnist, September 25, 2009

2010 Computers Freedom and Privacy Conference is in San Jose June 15-18

The meeting will market the 20th Conference held on topics that cover the use of technology, and its privacy implications. This is one of the best meetings around that bring together academics, advocates, government and the private sector to discuss issues related to technology and privacy policy.

Computers Freedom and Privacy 20, Bruce STerling, Wired, September 27, 2009

Is that Alcohol I smell on Your Ankel?

Anklet bracelet can detect alcohol in the sweat of wearers and report the information back to monitors. New surveillance technology is making it cheaper to convict and sentence people to court supervised release programs. While many jurisdictions are seeking ways to relieve costs associated with incarceration, technology is stepping up the ability of courts to remotely monitor the conduct of person under supervised release programs.

Sweat Becomes Offenders New Snitch, Fredrick Kunkle and Derek Kravitz, The Washington Post, September 25, 2009

Cellphone Photos Confiscated During an Arrest are Shared

The court dismissed the case brought by the woman who is school teacher because she "lacked possession, control, and dominion over the phone as well as the power to exculde others from viewing the images. She and a man who were subjects in the photos because ruled that photos of a personal nature stored on a personal cellphone confiscated by police during his DWI arrest. Culpeper police officers confiscated the cellphone during an arrest, then viewed the images, alerted other police officers and people in the community that the images could be viewed online.

Judge dismisses suits over nude photos
, Fredericksburg.com, September 5, 2009

Retailers Scanning Customer Drivers Licenses to Combat Returns

Retailers are using customer returns of purchases are the excuse to collect and scan drivers licenses at the retail counter. A shopper behavioral tracking system called TRE Verify-1 Return Authorization System is leading the effort to collect data on shoppers and profile what retailers may view as unwanted conduct. The system could be used to profile shoppers, which can be used to make it more difficult for them to make purchases or return items post sell. The verdict is out on whether there is fraud or an attempt to reduce options for customers who want to return purchases.

Driver's license scanning reduces fraud, but may alienate shoppers
, Jame Bickers, Editor, Retail Customer Experience, September 1, 2009

Google Street View Now on Three Wheels

Google's Street View is now capturing images of places not very accessible by car. The company is now using bikes to capture images to include in its street view online application.

Google trike snaps views from walkways, Associated Press, Philadelphia, June 23, 2009

CDT Banking on RFID Privacy Invasion

The Center for Digital Technology is leading an effort supported by the largest investors in radio frequency identification technology that include Microsoft, Intel, Cisco Systems, Proctor & Gamble, Eli Lilly and Co., American Library Association, National Consumers League, aQuantive, VeriSign and Visa to pave the way for broad adoption. Levi Strauss Company is experimenting with tagging jeans with the devices which allow remote tracking of items. Manufacturers and retailers find the technology helpful with managing inventory. Privacy issues arise when the devices remain active once they are purchased.

Levis' New Style: RFID

Privacy of Employes Who Use Company Computer to Access Personal Email

In the case Marina Stengart v. Loving Care Agency the company issued a laptop computer to an employee, who used it to access a password protected personal e-mail account. Ms Stengart communicated with her attorney regarding a pending action against Loving Care using accessing a personal e-mail account via her company issued laptop. The Superior Court of New Jersey, Appellate Division ruled that email between Ms. Stengart and her attorney must be returned. The court allowed other communications to be retained by Loving Care. The court based its ruling on the importance of client attorney confidentiality. A electronic image of the contents of the hard drive of the laptop returned to the company by Ms. Stengart allowed the company to gain access to her person communication that was accessed. Workplace privacy in an age where companies issue portable digital devices that can record information on or about the user is creating new areas for developing the line between employer and employee rights. Other employee v. employer based cases have resulted in victories for employees regarding the privacy of communications even when they are received or sent on company issued devices.

Employers have rights in regards to personal e-mail, J. Daniel Marr, Nashua Telegraph, September 2, 2009

Locational Privacy Under Assault

Where you are and when you are at a particular place is a question of locational privacy. The tracking of location is facilitated by technology that records activity in public spaces (CCTV) or entering and leaving mass transit systems, privacy establishments like sports clubs/gyms, and the use of personal digital devices like cell phones, electronic books, and portable computers. It is very inexpensive for corporations to track customers. How they use this information can impact the way they market products to users. Government access to that information may be more easily available because of state and local information fusion centers. Because of the broad adoption of technology that can support surveillance the need for limitations on data collection, retention, sharing, use and reuse are important privacy safeguards.

A Casualty of Technology Revolution: 'Locational Privacy', Adam Cohen, New York Times, August 31, 2009

How Much Information is Too Much?

We are fast approaching a time when it will be routine for medical tests to be performed and results collected outside of a medical office. In development are medical devices designed to provide near real time feedback while a person is at home or going about their daily routine. The question of how might ubiquitous wireless systems joined with monitoring technology be used to collect data. The privacy implications are clear and the line between what is appropriate and inappropriate when deploying these systems are not well defined.

Keeping a friendly eye? The Engineer Online, September 4, 2009

MIT Experiement Reveals Sexual Orientation of Social Network Users

A student research project conducted in 2007 is said to reveal the sexual orientation of Internet users based on social network contacts. The research project was produced as part of a course assignment. Students based it upon a principle that people of like interests will form relationships. There is an effort underway to publish the research findings in a scientific journal. Analysis of social networking service users is an ongoing part of the research done by Internet service providers to place meaning and context to the behavior of users for commercial purposes and to enhance the experience of users. The lack of transparency on what is being collected about users and how that information will be used is a critical part of the privacy debate.


Project 'Gaydar'
, Carolyn Y. Johnson, Boston Globe, September 20, 2009

EPIC Gives Obama Administration Mixed Grades for Privacy

EPIC released the Privacy Report Card for the Obama Administration at a morning briefing held at the National Press Club. EPIC gave the Administration an "Incomplete" for Consumer Privacy, A- for Medical Privacy, C+ for Civil Liberties, and a B for Cyber Security. Privacy Coalition members participating in the event included US PIRG, Consumer Federation of America, the Liberty Coalition, Association of American Physicians and, Surgeons, and the Bill of Rights Defense Committee. In December 2008, the Privacy Coalition urged the new Administration to address growing public concerns about privacy protection.

Privacy Experts See Room For Improvement From Obama, Nextgov, September 9, 2009

EPIC Moves to Intervene in Google Book Settlement, Cites Absence of Privacy Safeguards

EPIC filed papers in federal district court on the proposed settlement between Google, authors, and publishers. The Google Books settlement would create a single digital library, operated by Google, but currently fails to limit Google's use of the personal information collected. EPIC stated that the settlement "mandates the collection of the most intimate personal information, threatens well-established standards that safeguard intellectual freedom, and imperils longstanding Constitutional rights, including the right to read anonymously." EPIC further warned that the Google Books deal "threatens to eviscerate state library privacy laws that safeguard library patrons in the United States." EPIC has previously participated as a "friend of the court" in many cases involving privacy issues.

FTC Addresses Google Books Settlement

Federal Trade Commission Issues Statements on Google Books Settlement and Privacy: With the Google Books Settlement now under consideration in federal court, FTC Chairman John Liebowitz today issued a statement, calling attention to privacy concerns and the vast amount of consumer information that could be collected. The Chairman expressed the Commission's commitment to evaluating the privacy issues presented by Google Books, a sentiment that was echoed by Commissioner Pamela Jones Harbour in her statement. In a separate letter, FTC Consumer Protection Director David C. Vladeck urged Google to address consumer privacy concerns and to limit the secondary use of user data.

Privacy Group Asks to Join Google Book Lawsuit As Deadline Approaches, Wired, September 4, 2009

DHS Chief Privacy Officer Approves Laptop Searches without Cause

The Department of Homeland Security released a Privacy Impact Assessment for searching electronic devices possessed by travelers, including US citizens, at US borders. The agency determined that laptops and cell phones are equivalent to briefcases and backpacks and granted itself broad authority to seize these devices from travelers and to copy stored data whether or not wrongdoing is suspected. The DHS policy fails to comply with the intent of the federal Privacy Act and leaves US citizens returning to the United States subject to surveillance by government and an enhanced risk of identity theft.

Privacy Office Approves Laptop Searches Without Suspicion, SFGate.com, August 31, 2009

Privacy Group to Grade Obama Administration on Privacy

The Privacy Coalition is releasing the Obama Administration's Privacy Scorecard on Wednesday, September 9, 2009 at the National Press Club, 8:30-10:00 am. A team of privacy experts will score the Administration's performance on a range of privacy issues, including Consumer Privacy, Medical Privacy, Civil Liberties, and Cyber Security. The public is invited to grade the Administration's privacy work. To confirm attendance at the event rsvp@epic.org.