============================================================== @@@@ @@@@ @@@ @@@@ @ @ @@@@ @@@@ @@@@@ @ @ @ @ @ @ @ @ @ @ @ @ @@@@ @@@ @ @ @@@@@ @ @@@ @@@ @ @ @ @ @ @ @ @ @ @ @ @ @@@@ @ @@@ @@@@ @ @ @@@@ @@@@ @ @ @ ============================================================== Volume 6.03 February 19, 1999 -------------------------------------------------------------- Published by the Electronic Privacy Information Center (EPIC) Washington, D.C. http://www.epic.org ======================================================================= Table of Contents ======================================================================= [1] Feds Funded Private Driver's Photo Database [2] Groups Urge Congress to Examine Federal Databases [3] EPIC Seeks Government Records on Intel Identifier [4] Library Commission Rejects Internet Filtering [5] Computers, Freedom and Privacy: Register Now [6] EPIC Bookstore - The End of Privacy [7] EPIC Bill-Track: New Bills in Congress [8] Upcoming Conferences and Events ======================================================================= [1] Feds Funded Private Driver's Photo Database ======================================================================= The Washington Post reported on February 18 that the U.S. Secret Service provided money and technical assistance to the New Hampshire company that purchased 22 million digital driver's license photographs from three states before public protests stopped the transfers (see EPIC Alert 6.02). Image Data LLC received $1.46 million in funding and technical assistance from the Secret Service following a request by eight members of Congress that money be set aside in the appropriations bill for the effort. State officials who had previously supported the project were not told of the federal funds. The support was provided in the hopes that photos could be used by law enforcement agencies to combat terrorism, immigration abuses and other "identity crimes." A state judge in South Carolina rejected a request filed by State Attorney General Charles Condon demanding the return of 3.5 million photographs. Condon is currently appealing the decision. A Florida judge blocked the transfer of photos in that state last week, and activists in Florida and South Carolina are planning to file class action suits. EPIC has filed a Freedom of Information Act request with the Secret Service asking for all information relating to the database and any other similar projects currently being pursued by the agency. ======================================================================= [2] Groups Urge Congress to Examine Federal Databases ======================================================================= EPIC joined with a diverse coalition of organizations on February 17 in a letter to Congress requesting public hearings on the growth and misuse of federal databases. The groups wrote that "the proliferation of massive federal databases with virtually no safeguards amounts to a piecemeal erosion of the American people's privacy and undermines our civil liberties." The request was submitted on the eve of press disclosures that the U.S. Secret Service was involved in a plan to build a national database of driver's license photographs (see above). The letter, which was sent to the leadership of the House Government Reform Committee, said "We are concerned about proposals that the federal government use database information, initially gathered for one purpose, for completely unrelated purposes, without the consent of the person to whom the data relates. Uses and content of many of the databases authorized by Congress, despite privacy objections, are being expanded without Congressional or public debate." The groups cited as examples the "New Hires" database, the national worker database and the proposed national health care ID number. The coalition letter proved to be very timely. The day after it was sent to Capitol Hill, news reports revealed that Congress had quietly authorized nearly $1.5 million in federal funds and technical assistance to Image Data LLC of New Hampshire, a firm involved in purchasing state driver's license photographs. The Image Data flap is just the latest in a series of incidents that have resulted in vocal grassroots concern over the misuse of personal information. The text of the coalition letter to Congress is available at: http://www.epic.org/privacy/databases/joint_letter_2_99.html ======================================================================= [3] EPIC Seeks Government Records on Intel Identifier ======================================================================= EPIC has filed a series of Freedom of Information Act (FOIA) requests to federal agencies requesting documentation of any role the government may have played in persuading Intel Corporation to include a Processor Serial Number (PSN) in each of its Pentium III chips (see EPIC Alert 6.02). The requests were submitted to more than a dozen agencies, including the Federal Bureau of Investigation, the National Security Agency, the Central Intelligence Agency, the Department of Commerce and various Pentagon components. Government involvement in the Intel PSN decision would not be unprecedented. FOIA requests filed by EPIC in 1993 revealed that the Justice Department pressured AT&T to install the controversial Clipper Chip in the company's secure telephone unit, rather than a DES chip that did not provide law enforcement with "spare key" access to encrypted communications. The Department also assured AT&T that it would purchase a substantial number of the wiretap-friendly devices; DOJ ended up buying 10,000 Clipper phones, with only a handful purchased by other buyers. As a major purchaser of desktop computers, the federal government could have similar influence with respect to hardware features like the PSN. Law enforcement agencies -- most notably the FBI -- have expressed a strong interest in encouraging the development of technical means to identify Internet users and limit the ability to communicate anonymously. The PSN has been widely criticized as a potentially invasive tool that would significantly damage online privacy. More information on the Pentium III and the PSN is available at: http://www.bigbrotherinside.com/ ======================================================================= [4] Library Commission Rejects Internet Filtering ======================================================================= In a significant setback for proponents of mandatory filtering software in public libraries, the National Commission on Libraries and Information Science (NCLIS) has recommended the adoption of local library "acceptable use" policies rather than national filtering requirements. The recommendation follows an NCLIS public hearing last November that was dominated by library filtering proponents and featured descriptions of the "dark side of the Internet." Despite the rhetoric of the hearing, the NCLIS findings adopt many of the approached suggested by EPIC and other members of the Internet Free Expression Alliance in a joint submission to the Commission last December, noting that "decisions must be local ones, based on the culture, customs and character of each community." "NCLIS believes that libraries and their governing boards can take effective action at the local level to mitigate the perils facing children using the Internet," the Commission concluded. "Thus, the Commission recommends strongly that each library have a written 'acceptable use policy,' approved by its governing structure and reviewed periodically to adjust to the continuous changes in the Internet." Notably, the NCLIS's mandate is to advise the President and Congress on library and information policy. The only pending legislation in Congress addressing the issue is contrary to the Commission's recommendations. Sen. John McCain (R-AZ) and Rep. Bob Franks (R-NJ) have introduced bills that would require libraries and schools to install filtering software as a condition of receiving federal Internet funds. The NCLIS recommendations (in PDF format) are available at: http://www.nclis.gov/info/kid_inter.pdf The Internet Free Expression Alliance submission to the Commission is available at: http://www.ifea.net/joint_nclis_statement.html ======================================================================= [5] Computers, Freedom and Privacy: Register Now ======================================================================= [Circulate until March 15, 1999] Register now for the cyber event of the year: C COMPUTERS, FREEDOM, AND PRIVACY F THE GLOBAL INTERNET P 9 WASHINGTON, DC 9 Omni Shoreham Hotel . April 6-8, 1999 O R G For almost a decade, the conference on Computers, Freedom and Privacy has shaped the public debate on the future of privacy and freedom in the online world. Register now for the number one Internet policy conference. Join a diverse audience from government, industry, academics, the non-profit sector, the hacker community and the media. Enjoy the U.S. Capital in the Spring at one of Washington's premier hotels. * Keynote speakers include Tim Berners-Lee (Director, World Wide Web Consortium), Vint Cerf (President, Internet Society), Congressman Ed Markey (sponsor of "The Electronic Bill of Rights Act"), Congressman Ron Paul (sponsor of the Freedom and Privacy Restoration Act), Henrikas Yushkiavitshus (Associate Director, UNESCO) * Lively and thought-provoking panels on -- "the Creation of a Global Surveillance Network," "Access and Equity on the Global Internet," "Anonymity and Identity in Cyberspace," "Free Speech and Cyber Censorship," "Is Escrow Dead? And what is Wassenaar?", "Self-Regulation Reconsidered" and more * Tutorials -- "The Electronic Communications Privacy Act" (Mark Eckenwiler); "Cryptography: Basic Overview & Nontraditional Uses" (Matt Blaze and Phil Zimmermann), "Free Speech, The Constitution and Privacy in Cyberspace" (Mike Godwin), "Techniques for Circumventing Internet Censorship" (Bennett Haselton and Brian Ristuccia) Early Registration Deadline - March 15, 1999 -------------------------------------------- Register on-line at http://www.regmaster.com/cfp99.html or call +1 407 628 3602. Registration inquiries may also be sent to mann@regmaster.com. - Mark the dates - April 6-8, 1999 - Note the place - Washington, DC - Make your hotel reservations. See you at CFP99. For more information about CFP99, visit http://www.cfp99.org/ or call +1 401 628 3186 Sponsored by the Association for Computing Machinery ======================================================================= [6] EPIC Bookstore - The End of Privacy ======================================================================= Just off the presses is a new book by Canadian political science professor Reg Whitaker that has been generating a buzz in the privacy community and beyond. The End of Privacy: How Total Surveillance is Becoming a Reality by Reg Whitaker (http://www.epic.org/bookstore/amazon_books.html). Hailed as "a brilliant portrayal and analysis of the dangers of the new information technology," The End of Privacy examines the causes and implications of today's surveillance, which is no longer the sole monopoly of the state. Whitaker ably makes the point that we have much to fear from the private sector, where computers can monitor our work lives, spy satellites can track our every move, private e-mail can be read and huge dossiers of personal information can be created that are far more intrusive than the files formerly built up by state police and security agencies. Whitaker's writing is clear and intelligent, and what he has to say is thought provoking. Highly recommended. This and other book titles and videos are available for purchase online at the EPIC Bookstore: http://www.epic.org/bookstore/ ======================================================================= [7] EPIC Bill-Track: New Bills in Congress ======================================================================= * House Bills * H.R. 438. Wireless Communications and Public Safety Act of 1999. Mandates location information for cellular phones for 911 calls. Limits use of information. Sponsored by Rep. John Shimkus (R-IL). Referred to the House Committee on Commerce on 2/2/99. Subcommittee Hearings Held on 2/3/99. Ordered to be Reported (Amended) by Voice Vote on 2/11/99. H.R. 448. Patient Protection Act of 1999. Sets rules on confidentiality of health care information. Sponsored by Rep. Michael Bilirakis (R-FL). Referred to the Committee on Commerce, and in addition to the Committees on Education and the Workforce, Ways and Means, and the Judiciary. H.R. 514. Wireless Privacy Enhancement Act of 1999. Prohibits interception of wireless communications, scanners. Sponsored by Rep. Heather Wilson (R-NM). Referred to the Committee on Commerce. Referred to the House Committee on Commerce on 2/2/99. Subcommittee Hearings Held on 2/3/99. Ordered to be Reported (Amended) by Voice Vote on 2/11/99. H.R. 516. Know Your Customer' Sunset Act. Prohibits government from implementing the "Know Your Customer" rules. Sponsored by Rep. Ron Paul (R-TX). Referred to the Committee on Banking and Financial Services. H.R. 517. FinCen Public Accountability Act. Requires FinCen to be subject to the Privacy Act. Sponsored by Rep. Ron Paul (R-TX). Referred to the Committee on Banking and Financial Services , and in addition to the Committee on Government Reform. H.R. 518. Bank Secrecy Sunset Act. Prohibits government from implimenting the "Know Your Customer" rules, ends provisions of Bank Secrecy Act that requires disclosure of info to government. Sponsored by Rep. Ron Paul (R-TX). Referred to the Committee on Banking and Financial Services. H.R. 522. Parent-Child Privilege Act of 1999. Creates new privilege for parent-child communications to prevent their use in court cases. Referred to the Committee on the Judiciary. H.R. 530. American Financial Institutions' Privacy Act. Prohibits Know Your Customer Regulations for going into effect without Act of Congress. Sponsored by Rep. Bob Barr (R-GA) and Majority Whip Tom DeLay (R-TX). Referred to the Committee on Banking and Financial Services. H.R. 543. Children's Internet Protection Act. Requires the installation and use by schools and libraries of a technology for filtering or blocking material on the Internet on computers with Internet access to be eligible to receive or retain universal service assistance. Sponsored by Rep. Bob Franks (R-NJ). Referred to the House Committee on Commerce. H.R. 545. SSI Fraud Prevention Act of 1999. Expands access to state, bank, and Medicare information for data matching purposes. Sponsored by Rep. Nancy L. Johnson (R-CT). Referred to the House Committee on Ways and Means. H.R. 575. Know Your Customer Regulations Termination Act. Prohibits government from implimenting the "Know Your Customer" rules. Sponsored by Rep. Richard H. Baker (R-LA). Referred to the Committee on Banking and Financial Services. H.R. 621. Know Your Customer Program Abolishment Act. Prohibits government from implimenting the "Know Your Customer" rules. Sponsored by Rep. Van Hilleary (R-TN). Referred to the Committee on Banking and Financial Services. H.R. 631. SSI Fraud Prevention Act of 1999. Expands access to state, bank, and Medicare information for data matching purposes. Sponsored by Rep. Nancy L. Johnson (R-CT). Referred to the House Committee on Ways and Means. H.R. 640. To authorize appropriations for the United States Customs Cybersmuggling Center. Creates Customs Service center to fight child porn. Sponsored by Rep. Nick Lampson (D-TX). Referred to the Committee on Ways and Means. H.R. 649. Real Estate Transaction Privacy Promotion Act. Prohibits a lender from requiring a borrower in a residential mortgage transaction to provide the lender with unlimited access to the borrower's tax return information. Sponsored by Rep. Lynn N. Rivers (D-MI). Referred to the Committee on Banking and Financial Services. H. R. 654. Congressional Research Accessibility Act. Makes reports of the Congressional Research Service available directly to the public in electronic form. Sponsored by Rep. Christopher Shays (R-CT). Referred to the House Committee on House Administration. * Senate Bills * S. 393. Congressional Openness Act. To provide Internet access to Congressional documents, including certain Congressional Research Service publications, Senate lobbying and gift report filings, and Senate and Joint Committee documents. Sponsored by Sen. John McCain (R-AZ). Referred to the Committee on Rules and Administration. S. 403. Prohibits implementation of "Know Your Customer" regulations by the Federal banking agencies. Sponsored by Sen. Wayne Allard (R-CO). Referred to the Committee on Banking, Housing, and Urban Affairs. More information on pending bills is available at: http://www.epic.org/privacy/bill_track.html ======================================================================= [8] Upcoming Conferences and Events ======================================================================= FC '99: Third Annual Conference on Financial Cryptography. February 22-25, 1999. Anguilla, B.W.I. Contact: http://fc99.ai/ Electronic Commerce and Privacy Legislation -- Building Trust and Confidence. February 23, 1999. Ottawa, Canada. Sponsored by Riley Information Services. http://www.rileyis.com/seminars/Feb99/ Communitarian Summit. February 27-28, 1999. Arlington, Virginia. Contact: http://www.gwu.edu/~ccps 1999 ASAP Western Regional FOIA and Privacy Training Conference. February 28 - March 3, 1999. Portland, Oregon. Contact: http://www.podi.com/asap/ CYBERSPACE 1999: Crime, Criminal Justice and the Internet. March 29 & 30, 1999. York, UK. Sponsored by the British and Irish Legal Education Technology Association (BILETA). http://www.bileta.ac.uk/ Computers, Freedom and Privacy (CFP) '99. April 6-8, 1999. Washington, DC. Sponsored by ACM. Call for proposals available. Contact: http://www.cfp99.org/ Encryption Controls Workshop. May 13, 1999. Raleigh, NC. Sponsored by the U.S. Dep't of Commerce. Contact: (202) 482-6031 1999 EPIC Cryptography and Privacy Conference. June 14, 1999. Washington, DC. Sponsored by EPIC. Contact: info@epic.org Cryptography & International Protection of Human Rights (CIPHR'99). August 9-13, 1999. Lake Balaton, Hungary. Contact: http://www.cryptorights.org/ ======================================================================= Subscription Information ======================================================================= The EPIC Alert is a free biweekly publication of the Electronic Privacy Information Center. To subscribe or unsubscribe, send email to epic-news@epic.org with the subject: "subscribe" (no quotes) or "unsubscribe". A Web-based form is available at: http://www.epic.org/alert/subscribe.html Back issues are available at: http://www.epic.org/alert/ ======================================================================= About EPIC ======================================================================= The Electronic Privacy Information Center is a public interest research center in Washington, DC. It was established in 1994 to focus public attention on emerging privacy issues such as the Clipper Chip, the Digital Telephony proposal, national ID cards, medical record privacy, and the collection and sale of personal information. EPIC is sponsored by the Fund for Constitutional Government, a non-profit organization established in 1974 to protect civil liberties and constitutional rights. EPIC publishes the EPIC Alert, pursues Freedom of Information Act litigation, and conducts policy research. For more information, e-mail info@epic.org, http://www.epic.org or write EPIC, 666 Pennsylvania Ave., SE, Suite 301, Washington, DC 20003. +1 202 544 9240 (tel), +1 202 547 5482 (fax). If you'd like to support the work of the Electronic Privacy Information Center, contributions are welcome and fully tax-deductible. Checks should be made out to "The Fund for Constitutional Government" and sent to EPIC, 666 Pennsylvania Ave., SE, Suite 301, Washington, DC 20003. Your contributions will help support Freedom of Information Act and First Amendment litigation, strong and effective advocacy for the right of privacy and efforts to oppose government regulation of encryption and expanding wiretapping powers. Thank you for your support. ---------------------- END EPIC Alert 6.03 -----------------------
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