--------------------------------------------------------------- EPIC DIGEST AT PRIVACY.ORG EPIC-DIGEST is an update of news, information, and action items posted on privacy.org. June 6, 2002-August 14, 2002 TOC------------------------------------------------------------ NEWS Supreme Court Appeal Denied in Profiling Case ND: 72% Opt for Opt-In Top 10 Police Database Abuses Released Popular Science: All Eyes Are On You Microsoft Announces Hailstorm 2.0: The Palladium System Supreme Court Upholds Student Drug Tests Several Cities Reject PATRIOT Act Dr. Koop.com Breaks Promise, Agrees to Sell Customer Data Your Grocery List Could Spark a Terror Probe Office of Homeland Security Advocates Biometrics Push to make juvenile records open Oregon Woman Gets $5.3 Million for Credit Reporting Company Errors Britain’s Patriot Act type snooping laws may be illegal GAO Releases Report on ID Theft Enforcement Results Fighting for Internet Privacy in Pakistan FCC: Fax.com Liable for $5.3M in Junk Faxing Fines NEWS----------------------------------------------------------- Supreme Court Appeal Denied in Profiling Case The U.S. Supreme Court has denied the appeal of Trans Union to hear a case involving the sale of "tradelines," credit information that includes name, address, date of birth, telephone number, Social Security number, account type, opening date of account, credit limit, account status, and payment history. The Circuit Court had ruled that the company could not sell tradelines for marketing purposes because they constituted a credit report for purposes of the Fair Credit Reporting Act (FCRA). The Circuit Court also rejected Trans Union's claims that target marketing based on credit reports is protected by the First and Fifth Amendments. Trans Union v. FTC, No. 01-1080 (US 2002). http://a257.g.akamaitech.net/7/257/2422/10jun20021130/www.supremecou rtus.gov/opinions/01pdf/01-1080.pdf Trans Union v. FTC, No. 00-1141 (D.C. Cir. 2001). http://pacer.cadc.uscourts.gov/common/opinions/200104/00-1141a.txt EPIC Profiling Page. http://www.epic.org/privacy/profiling/ --------------------------------------------------------------- ND: 72% Opt for Opt-In In a statewide referendum yesterday, North Dakota voters chose to reestablish opt-in privacy protections for financial information. A "No" vote on Constitutional Measure Two rejected an opt-out standard for financial privacy that was adopted after the same weak standard passed Congress in 1999. Banks in opposition to opt-in raised over $100,000 to defeat the measure. N.D. voters say 'no' to bank bill, Bismarck Tribune, June 12, 2002. http://www.bismarcktribune.com/display/inn_newscurrent/nws-0.txt Bank privacy measure fails, Grand Forks (AP), June 12, 2002. http://www.grandforks.com/mld/grandforks/3450535.htm North Dakota 2002 Primary Results, North Dakota Secretary of State. http://www.state.nd.us/sec/elections/2002/primary/results/ Constitutional Measure Two (PDF), North Dakota Secretary of State. http://www.state.nd.us/sec/pdf/referredmeasureno2ballotlang2002.pdf --------------------------------------------------------------- Top 10 Police Database Abuses Released TechTV has published a "Top 10" list of police database abuses. They include using police data to influence elections, to stalk and harass women, and to plan a murder. Top 10 List of Police Database Abuses, TechTV, June 11, 2002. http://www.techtv.com/cybercrime/privacy/story/0,23008,3387549,00.ht ml --------------------------------------------------------------- Popular Science: All Eyes Are On You Popular Science Magazine has published a detailed account of consumer profiling focusing on individuals' daily activities. The article exposes the risks to privacy that we all encounter on a daily basis. All Eyes Are On You, Popular Science Magazine, July 2002. http://www.popsci.com/popsci/science/article/0,12543,260388,00.html --------------------------------------------------------------- Microsoft Announces Hailstorm 2.0: The Palladium System Through its subsidiary news company, MSNBC, Microsoft has sketched the details of Palladium, an authentication system bundled with Digital Rights Management Controls. Details of the system are not fully known, however, the system appears to be a repackaged version of Hailstorm. As described by Microsoft, Palladium would make the company the gatekeeper for authentication and the use of digital content. Why Intel loves Palladium, The Register, June 25, 2002. http://www.theregister.co.uk/content/3/25892.html The Big Secret: An exclusive first look at Microsoft's ambitious- and risky-plan to remake the personal computer to ensure security, privacy and intellectual property rights. Will you buy it?, MSNBC, July 1, 2002. http://www.msnbc.com/news/770511.asp?cp1=1 Digital Rights Management Operating System, Patent Number 6,330,670, December 11, 2001. http://patft.uspto.gov/netacgi/nph- Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r= 1&f=G&l=50&s1='6,330,670'.WKU.&OS=PN/6,330,670&RS=PN/6,330,670 Loading and Identifying a Digital Rights Management operating system, Patent Number 6,327,652, December 4, 2001. http://patft.uspto.gov/netacgi/nph- Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r= 1&f=G&l=50&s1=%276,327,652%27.WKU.&OS=PN/6,327,652&RS=PN/6,327,652 --------------------------------------------------------------- Supreme Court Upholds Student Drug Tests In a 5-4 decision, the Supreme Court upheld suspicionless drug testing for students engaged in any type of extracurricular activity. Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls, No. 01-332 (2002). http://a257.g.akamaitech.net/7/257/2422/27jun20021045/www.supremecou rtus.gov/opinions/01pdf/01-332.pdf Supreme Court Upholds School Drug Tests, Washington Post, June 27, 2002. http://www.washingtonpost.com/wp-dyn/articles/A54482-2002Jun27.html --------------------------------------------------------------- Several Cities Reject PATRIOT Act A number of cities have passed resolutions to reject the USA PATRIOT Act because they believe that the federal law gives the government too much power. Patriot Revolution? Cities From Cambridge to Berkeley Reject Anti- Terror Measure, ABC News, July 1, 2002. http://abcnews.go.com/sections/us/DailyNews/usapatriot020701.html --------------------------------------------------------------- Dr. Koop.com Breaks Promise, Agrees to Sell Customer Data Dr. Koop.com, a medical information website founded by the esteemed Surgeon General C. Everett Koop, is selling customer data as a result of bankruptcy to vitacost.com. The privacy policy of the site promises opt-in protections before information is passed to third parties—a quote on the site by Dr. Koop reads "Privacy is Central to the Doctor-Patient Relationship." However, the company has broken its promise, and vitacost.com will receive personal information unless individuals opt-out by Sunday, July 7, 2002. Dr. Koop.com Privacy Policy. http://drkoop.com/aboutus/policies/privacy.html Dr. Koop.com Privacy Center. http://drkoop.com/aboutus/privacy/ Is Drkoop taking care of privacy?, ZDNET, July 1, 2002. http://zdnet.com.com/2100-1106-941028.html --------------------------------------------------------------- Your Grocery List Could Spark a Terror Probe In a chilling article Village Voice reporter Erik Baard details how customer information such as grocery purchases, which were once collected for marketing purposes are now increasingly being used for law enforcement purposes. Companies are voluntarily turning over information to the government without even informing consumers, let alone obtaining their consent. The story also discusses the government's effort to use data-mining software to finger potential criminals and terrorists. Buying Trouble Village Voice, July 30, 2002 http://villagevoice.com/issues/0230/baard.php --------------------------------------------------------------- Office of Homeland Security Advocates Biometrics "Biometrics show great promise" says Steve Cooper, chief information officer of the Office of Homeland Security. Speaking to Congressional staffers and corporate lobbyists, he described how the Bush administration plans on extensively using biometric identification technology in applications ranging from airport travel documents to building access control. He claims, however, that the technology will not be used to infringe on privacy and civil liberties. Privacy still a priority, officials say Federal Computer Week, July 29, 2002. http://www.fcw.com/fcw/articles/2002/0729/pol-priv-07-29-02.asp EPIC Biometrics Page. http://www.epic.org/privacy/biometrics --------------------------------------------------------------- Push to make juvenile records open William "Todd" Adams was arrested on June 14 after being accused of molesting four young girls at a martial-arts center. Adams was hired by the state after an FBI background check, which came clean. The girls’ parents believe that Adams has sealed juvenile records held information that would have prevented him from being hired. They are petitioning lawmakers to open juvenile records but experts caution that a judge must decide to release information on a case by case basis. "The idea is that delinquent behavior when a child is young should not be held against them for the rest of their lives," said Mark Soler of the Youth Law Center, a nonprofit law office that works to protect abused and at risk children. The campaign in Maryland is part of a growing national trend to open up juvenile records. Nine states now open juvenile records to the public without any restrictions, according to the National Center for Juvenile Justice. The group said another 29 states do so under certain conditions, for example, if the offender was older than 14, or if the crime was serious, such as murder or rape. Maryland parents push to open juvenile records CNN, July 29, 2002. http://www.cnn.com/2002/LAW/07/29/maryland.record.check/index.html National Center for Juvenile Justice FAQ on Confidentiality Issues http://brendan.ncjfcj.unr.edu/homepage/ncjj/ncjj2/faq/faq.htm Youth Law Center http://www.youthlawcenter.com/ --------------------------------------------------------------- Oregon Woman Gets $5.3 Million for Credit Reporting Company Errors Thomas of Klamath Falls, Oregon first discovered problems with her credit report in 1996 when a number of unfamiliar, unpaid debts appeared. She traced the bad debts to Upton, then of Stevenson, Wash., and reported her discovery to Trans Union. She also contacted the creditors who furnished the information to Trans Union. In 1999, when she applied for a mortgage, the incorrect information reappeared on her Trans Union report. The incorrect reports delayed her mortgage by three months. She had to work hard to get the reports cleared again without any assistance from Trans Union. Trans Union had deleted some incorrect accounts in 1996, but by 1999 had reinstated most of them, according to her attorneys. In a lawsuit, she was awarded over $300,000 in regular damages and a $5 million punitive award damage was awarded. Klamath Falls woman awarded $5.3 million in credit dispute. http://oregonlive.com/business/oregonian/index.ssf?/xml/story.ssf/ht ml_stand ard.xsl?/base/business/1028030203179750.xml Mistakes Do Happen: Credit Report Errors Mean Consumers Lose Public Interest Research Group, March 1998. http://www.pirg.org/consumer/credit/mistakes/index.htm --------------------------------------------------------------- Britain’s Patriot Act type snooping laws may be illegal Sweeping powers enabling law-enforcement and intelligence agencies to demand the communications records of British telephone and internet users may be illegal, according to legal advice obtained by the Information Commissioner. The Commissioner warned the Home Office that the new powers may breach human rights law because website, email or phone logs available strictly for national security investigations can be accessed by police or intelligence officers for more minor cases such as public health and tax collection. Assistant Commissioner David Smith said that, “The upshot of it all is someone who uses Ripa powers to get access to retained data may be breaching human rights law." He added: "There is agreement generally that the Home Office was in a hurry. They wanted to respond to the events of September 11 and they were under pressure, but they could have thought these issues through more." Snooping laws may be illegal Guardian, July 31, 2002. http://politics.guardian.co.uk/homeaffairs/story/0,11026,766811,00.h tml --------------------------------------------------------------- GAO Releases Report on ID Theft Enforcement Results The General Accounting Office released a report on Identity Theft today. The report provides information on how Identity Theft laws are being enforced at the Federal and State level. The report found no comprehensive data on enforcement results, but finds that it is increasingly being seen as a serious crime. Some police departments, however, still consider ID theft to be a non traditional crime and because it happens across several jurisdictions they see it as someone else’s problem. Additionally, the report finds that state and federal agencies are not making use of existing data sources such as the Federal Trade Commission’s Consumer Sentinel Network, which collects ID Theft data in one central database. Investigative departments have been reluctant to use this information because they have limited resources and ID theft cases take a lot of effort for relatively light sentences. The upshot of the report for consumers is that while the government is taking some steps to crack down on ID thieves, it is clear that consumers need to be ever vigilant about guarding their personal information. Identity Theft: Greater Awareness and Use of Existing Data Are Needed GAO Report 02-766, June 2002. http://www.gao.gov/new.items/d02766.pdf FTC ID Theft Site. http://www.consumer.gov/idtheft/ --------------------------------------------------------------- Fighting for Internet Privacy in Pakistan The government of Pakistan is drafting rules to regulate cybercafes. Under the rules, Pakistan's thousands of unregulated cybercafes will be required to register with the government. Then, starting a month from now, the cafes will have to ask every customer for proof of identity. The idea is to provide a way of tracking terrorists and deny them the use of computers in perfect anonymity. But critics say that the Internet in Pakistan provides a vital new zone of privacy for young people to communicate and to learn things the socially strict society severely limits. Experts also note that terrorists are likely to easily find loopholes in the system, and in any event their communications are not dependent on cybercafes. Most people, however, access the Internet through cybercafes in South Asia and it is their browsing habits that will be recorded. Neighboring India attempted to pass similar rules last year, but that measure failed after widespread public criticism. Cybercafe Crackdown May Trip Up Leering Boys New York Times, August 1, 2002 http://www.nytimes.com/2002/08/01/international/asia/01LAHO.html?8hp ib --------------------------------------------------------------- FCC: Fax.com Liable for $5.3M in Junk Faxing Fines The Federal Communications Commission has just issued a notice alleging that notorious Junkfax company, Fax.com, is liable for $5,379,000 in fines. According to the FCC, Fax.com sent unsolicited ads 489 times to fax machines in violation of the Telephone Consumer Protection Act (TCPA) of 1991. That law requires opt-in consent before commercial advertisements can be sent to fax machines. Complaint Against Fax.com (.DOC), FCC, August 7, 2002. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-226A1.doc EPIC Telemarketing Page. http://www.epic.org/privacy/telemarketing/ --------------------------------------------------------------- How to unsubscribe from EPIC-DIGEST: You can leave the EPIC-DIGEST by entering the subscription e-mail address at http://www.privacy.org/digest.php and selecting "unsubscribe." 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