--------------------------------------------------------------- EPIC DIGEST AT PRIVACY.ORG EPIC-DIGEST is a weekly update of news, information, and action items posted on privacy.org. February 28-March 13, 2001 TOC------------------------------------------------------------ NEWS Justice Department Appeals COPA Decision Workplace Surveillance Increasing Medical Records, Marketing, and Privacy Radiate Settles Spyware Class Action Microsoft Biggest User of Web Bugs House Committee Holds Privacy Hearing WebMD Seeks to End Medical Data-Sharing Agreement Public Interest Advocate Pamela Samuelson Profiled in NYT Profilers Reject Profiling Medical Privacy Regs: No Consent Needed for Marketing Wireless Devices Raise Privacy Challenges Senator Nelson Introduces Privacy Legislation AOL Supports Anonymous Web Posters Web Bug Detection Software Developed Web Bug Detection Software Developed Big Brother Awards Awarded at CFP 2001 Hotmail Email Service Posts Usersı Personal Information Privacy Next Target of Recording Industry Individuals Wary of Corporate, Government Privacy Protections NSF: Avoid Remote Internet Voting Systems Cyber Vandals Steal 1 Million Credit Card Numbers Public Interest Groups Challenge CIPA Opt-out is a 'Fraud and a Sham' New Cameras Increase Ease of Monitoring in UK Privacy and Copy Protection Systems Report Finds Government Privacy Abuses Industry Attacks Privacy Legislation ACTION Support the Privacy Coalition's Privacy Pledge NEWS----------------------------------------------------------- Justice Department Appeals COPA Decision The Justice Department has attempted to gain Supreme Court review of a lower courtıs decision that held the Child Online Protection Act (COPA) unconstitutional. COPA was designed to protect minors from "harmful material" posted on commercial web sites as measured by "contemporary community standards." In 2000, a federal appellate court found that COPA impermissibly burdened free speech, and enjoined its enforcement. Govt Asks Supreme Court To Reverse COPA's Death Warrant, Newsbytes, February 28, 2001. http://www.newsbytes.com/news/01/162531.html EPIC COPA archive, EPIC Web Site. http://www.epic.org/free_speech/copa/ --------------------------------------------------------------- Workplace Surveillance Increasing According to several recent surveys, employers increasingly have engaged in active monitoring of their employees. Privacy at Work? Be Serious, Wired, March 1, 2001. http://www.wired.com/news/business/0,1367,42029,00.html --------------------------------------------------------------- Medical Records, Marketing, and Privacy Patients and doctors are increasingly aware of the privacy problems created by the collection and dissemination of medical information by health providers and marketers. Patientsı medical information may be used to deny insurance coverage or employment. Doctors report that a loss of privacy will result in patients providing inaccurate or incomplete information. Privacy's Guarded Prognosis, New York Times, March 1, 2001 (registration required). http://www.nytimes.com/2001/03/01/technology/01MEDI.html --------------------------------------------------------------- Radiate Settles Spyware Class Action Radiate, a company that creates advertising programs for shareware, has settled a class action spyware suit. Radiate created programs that were including in popular software such as CuteFTP. The programs, according to the plaintiff attorneys, monitored the users without their knowledge or permission. Radiate Settles Spyware Class Action, InternetNews, February 28, 2001. http://www.internetnews.com/bus-news/article/0,,3_701721,00.html --------------------------------------------------------------- Microsoft Biggest User of Web Bugs According to a recent web bug count report, Microsoftıs Link Exchange has spread more web bugs on Internet sites than any other organization. Web Bug Site Count Report, Security Space, February 2001. http://www.securityspace.com/s_survey/data/man.200102/webbug_site.html Microsoft: The Biggest Web Bugger, Slashdot, March 1, 2001. http://slashdot.org/yro/01/03/01/2212233.shtml --------------------------------------------------------------- House Committee Holds Privacy Hearing The House Subcommittee on Commerce, Trade and Consumer Protection held a hearing yesterday to examine privacy in the commercial world. EPIC Executive Director Marc Rotenberg testified that privacy legislation has historically been a component of American law, and that Congress has consistently passed laws to protect privacy as new technologies emerge. Privacy in the Commercial World, Subcommittee on Commerce, Trade, and Consumer Protection, March 1, 2001 http://www.house.gov/commerce/hearings/0301200143/03012001.htm Experts Raise Potential Legal Issues With Efforts to Protect Privacy Online, Wall Street Journal, March 1, 2001 (subscription required). http://interactive.wsj.com/articles/SB98347995139683728.htm Privacy Hearing, Tech Law Journal Daily Report, March 2, 2001. http://www.techlawjournal.com/alert/2001/03/02.asp Lawmakers Examine Pros, Cons of Privacy Law, Silicon Valley News (Reuters), March 2, 2001. http://www.siliconvalley.com/docs/news/reuters_wire/911744l.htm Privacy Laws: Not Gonna Happen, Wired, March 2, 2001. http://www.wired.com/news/politics/0,1283,42123,00.html --------------------------------------------------------------- WebMD Seeks to End Medical Data-Sharing Agreement WebMD is seeking to end its agreement to provide medical information to Quintiles. Since May 2000, WebMD has amassed data from its health care information site and sold it to Quintiles. Quintiles uses the data for marketing to drug companies. WebMD claims that the data could identify individuals if combined with other available databases. WebMD Asks Court to Back It In Denying Data to Quintiles, Wall Street Journal, March 2, 2001. http://interactive.wsj.com/articles/SB983488840511523149.htm WebMD Curbs Quintiles's Access To Health Data on Privacy Issues, Wall Street Journal, March 13, 2001 (subscription required). http://interactive.wsj.com/articles/SB984446373666659261.htm --------------------------------------------------------------- Public Interest Advocate Pamela Samuelson Profiled in NYT The New York Times has published an article reviewing the work of Professor Pamela Samuelson. Samuelson is a pioneer in public-interest advocacy, and she recently made a donation with Robert Glushko to EPIC to enable the development of the Internet Public Interest Opportunities Program at EPIC. Professor Finds Her Legacy in Internet Law, New York Times, March 2, 2001. http://www.nytimes.com/2001/03/02/technology/02CYBERLAW.html --------------------------------------------------------------- Profilers Reject Profiling Corporate executives who collect data from consumers oppose being profiled themselves. Junkbusters recently asked executives involved in consumer profiling whether they would mind being profiled for an upcoming FTC workshop on consumer data gathering. The corporate executives either didnıt reply to the request, or refused Junkbusters' request. Junkbustersı Profiling the Profilers, Junkbusters Web Site. http://www.junkbusters.com/profiling.html Online Business Leaders Duck U.S. Privacy Workshop, E-Commerce Times, March 1, 2001. http://www.ecommercetimes.com/perl/story/7850.html --------------------------------------------------------------- Medical Privacy Regs: No Consent Needed for Marketing Although the implementation of the new HIPAA medical privacy regulations has been delayed, controversy still follows certain provisions that allow marketers to contact patients based on their medical records. Under the rules, patients must opt-out of this marketing. Do Marketers Know You're Sick?, Wired, March 2, 2001. http://www.wired.com/news/politics/0,1283,42147,00.html?tw=wn20010303 --------------------------------------------------------------- Wireless Devices Raise Privacy Challenges Wireless devices will soon have the ability to pinpoint usersı location with a high degree of accuracy. The collection and use of this data presents privacy challenges, as tracking technology may be implemented to monitor employees, to send advertisements over wireless devices, and to profile consumers based on their travels. Locating Devices Gain in Popularity but Raise Privacy Concerns, New York Times, March 4, 2001 (registration required). http://www.nytimes.com/2001/03/04/technology/04LOCA.html? --------------------------------------------------------------- Senator Nelson Introduces Privacy Legislation Senator Bill Nelson (D-FL) has introduced two privacy bills. S. 450, the Financial Institution Privacy Protection Act of 2001, would amend the Gramm-Leach-Bliley Act (FSMA of 2000) to protect health information and provide an opt-in standard for data sharing among financial institutions. S. 451, the Social Security Number Protection Act of 2001, establishes penalties for the sale or purchase of a Social Security number. S. 450, Financial Institution Privacy Protection Act of 2001, THOMAS Database. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.00450: S. 451, Social Security Number Protection Act of 2001, THOMAS Database. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.00451: New Bills, Tech Law Journal Daily Report, March 5, 2001. http://www.techlawjournal.com/alert/2001/03/05.asp --------------------------------------------------------------- AOL Supports Anonymous Web Posters AOL Time Warner filed a brief in support of protecting the anonymity of Internet users who post messages to web bulletin boards. In the brief, the company argued that lawsuits against anonymous posters threaten free speech rights. AOL Brief, ACLU Web Site. http://www.aclu.org/court/melvin_AOLamicus.pdf AOL Blasts Cybersmear Suits As a Threat to Free Speech, Wall Street Journal, March 5, 2001 (subscription required). http://interactive.wsj.com/articles/SB98356505635637430.htm --------------------------------------------------------------- Web Bug Detection Software Developed Several companies have developed new programs to detect web bugs. Web bugs are imperceptible images placed on web sites used to track Internet browsing habits. According to a recent report by Security Space, DoubleClick, Excite, and Linkexchange are the most frequent users of web bugs. New tools hatch for sniffing out Web bugs CNET, March 5, 2001. http://news.cnet.com/news/0-1005-200-5008849.html?tag=tp_pr --------------------------------------------------------------- Big Brother Awards Awarded at CFP 2001 Privacy International unveiled the Big Brother and Brandeis Awards at the 2001 Computers, Freedom, and Privacy Conference in Cambridge, Massachusetts last week. The "winners" of the Big Brother Award included the FBI, Choicepoint, and the National Security Agency. Evan Hendricks and Julie Brill were honored with Brandeis Awards for their efforts to protect privacy. Big Brother 2001 Awards, Privacy International Web Site. http://www.privacyinternational.org/bigbrother/us2001/ Computers, Freedom and Privacy Conference. http://www.cfp.org Privacy forum to focus on crime, free speech, CNET, March 6, 2001. http://news.cnet.com/news/0-1005-201-5032165-0.html?tag=mn_hd Hail to Privacy at Confab, Wired, March 7, 2001. http://www.wired.com/news/politics/0,1283,42238,00.html --------------------------------------------------------------- Hotmail Email Service Posts Usersı Personal Information Hotmail, a free e-mail service, has posted usersı e-mail addresses, cities, and states to Infospace, a Internet white pages directory. The combination of Hotmail user information with the Infospace directory creates privacy risks, as the Infospace already directory contains individualsı addresses and phone numbers. Users of the Hotmail service must "opt-out" of this information sharing. Technology: Hotmail's subscriber information shared with public Internet directory, Nandotimes (AP), March 6, 2001. http://www.nandotimes.com/technology/story/0,1643,500460213-500700956- 503814052-0,00.html --------------------------------------------------------------- Privacy Next Target of Recording Industry Online privacy faces new challenges as the recording industry may start targeting individual users to stem the trade of pirated music. Experts predict that the Napster decision will result in increased pressure on ISPs to monitor networks and address individual users accused of trading copyright protected files. Napster Fallout: Privacy Loses?, Wired, March 6, 2001. http://www.wired.com/news/politics/0,1283,42203,00.html --------------------------------------------------------------- Individuals Wary of Corporate, Government Privacy Protections A new poll to be released by Harris Interactive points to Americansı distrust of corporate and governmental efforts to protect privacy. Online insecurity: Firms aim to ease fears about personal data, privacy, Boston Globe, March 6, 2001. http://www.boston.com/dailyglobe2/065/business/Online_insecurity+.shtml --------------------------------------------------------------- NSF: Avoid Remote Internet Voting Systems A study commissioned by the National Science Foundation urged election officials not to adopt remote Internet voting systems. Such systems allow a voter to cast a ballot from any location with Internet access. According to the report, these systems present significant security, reliability, and social effect issues. However, Internet voting systems deployed at polling sites could provide benefits and be implemented soon. Internet Voting Results, Internet Policy Institute Web Site. http://www.internetpolicy.org/research/results.html Report Pans Internet Voting, Wired (AP), March 6, 2001. http://www.wired.com/news/politics/0,1283,42229,00.html --------------------------------------------------------------- Cyber Vandals Steal 1 Million Credit Card Numbers Exploiting a well-known hole in the Microsoft operating system, a group of cyber vandals has stolen over one million credit card numbers from commercial web sites. Hackers Feast On Complacency, Security Holes Well Known, Washington Post, March 8, 2001. http://www.washingtonpost.com/wp-dyn/articles/A43993-2001Mar8.html --------------------------------------------------------------- Public Interest Groups Challenge CIPA The ACLU, EPIC, and several library associations will file suit to challenge the Childrenıs Internet Protection Act (CIPA). CIPA requires schools and libraries that receive federal funds to implement Internet content filters for their web-connected computers. The groups will challenge CIPA on First Amendment and Due Process grounds. Child Net Protection Act Will Be Put to Legal Test, The Standard, March 9, 2001. http://www.thestandard.net/article/display/0,1151,22766,00.html --------------------------------------------------------------- Opt-out is a 'Fraud and a Sham' In an opinion-editorial in the New York Times, William Safire writes in favor of an opt-in approach for the collection and use of consumer data. Age of Consent, New York Times, March 12, 2001 (registration required). http://www.nytimes.com/2001/03/12/opinion/12SAFI.html --------------------------------------------------------------- New Cameras Increase Ease of Monitoring in UK New wireless surveillance cameras in Britain will enable police to monitor individuals with portable computers. Since the technology does not require cable, it will allow police to increase monitoring of rural and suburban areas. Currently, individuals in Britain are likely to be monitored by up to 300 cameras a day. New camera extends watch on crime, Sunday Times, March 11, 2001. http://www.sunday-times.co.uk/news/pages/sti/2001/03/11/stinwenws02016.html Even More Surveillance Cameras For England, Slashdot, March 13, 2001. http://slashdot.org/article.pl?sid=01/03/13/020208&mode=thread --------------------------------------------------------------- Privacy and Copy Protection Systems Copy protection systems present challenges to privacy rights, as authentication of ownership usually requires that the user reveal his or her identity. A new copy-protection system called "InTether" illustrates this problem. InTether has the ability to determine the identity of potential recipients of a copy-protected file. If a user attempts to circumvent InTether, the program destroys the copy-protected documents. Copy This! Can 'Military' Technology Beat Digital Piracy?, Inside.com, March 12, 2001. http://www.inside.com/jcs/Story?article_id=25476 Document-Destroying Copy Protection, Slashdot, March 12, 2001. http://slashdot.org/article.pl?sid=01/03/12/1613223&mode=thread --------------------------------------------------------------- Report Finds Government Privacy Abuses A new report released by Privacilla claims that government agencies routinely share personal information on citizens. The report recommends that Congress make a comprehensive review of government information practices Privacy and Federal Agencies: Government Exchange and Merger of Personal Information is Systematic and Routine, Privacilla Web Site. http://www.privacilla.org/Government_Data_Merger.pdf Group Charges Government Agencies Trade Personal Data, Newsbytes, March 12, 2001. http://www.newsbytes.com/news/01/163042.html Privacy, Tech Law Journal Daily Report, March 13, 2001. http://www.techlawjournal.com/alert/2001/03/13.asp --------------------------------------------------------------- Industry Attacks Privacy Legislation The Online Privacy Alliance, an industry group with membership including Microsoft, AOL Time Warner, and IBM, has launched an attack on privacy legislation. The group released four industry-funded reports yesterday claiming that privacy legislation would impede business by imposing billions in costs to consumers. Industry Groups Launch Attack On Internet-Privacy Legislation, Wall Street Journal, March 13, 2001 (subscription required). http://interactive.wsj.com/articles/SB984446508732053549.htm ACTION--------------------------------------------------------- Support the Privacy Coalition's Privacy Pledge The Privacy Coalition, a nonpartisan coalition of consumer, civil liberties, educational, library, labor, and family-based groups unveiled the Privacy Pledge last week. The Pledge calls upon legislators to promulgate laws that effectively protection personal privacy. The Privacy Pledge http://www.privacypledge.org/ --------------------------------------------------------------- Privacy.org is a joint project of the Electronic Privacy Information Center (http://www.epic.org) and Privacy International (http://www.privacyinternational.org). 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