Privacy News Highlights

20—26 January 2006

Contents:

US – TSA Announces Key Elements of Registered Traveler Program.. 2

US – Iris Scanning for New Jersey Grade Schools. 2

CA – Survey: Consumers Select IBM and Bell Canada as Most Trusted Companies. 2

CA – Ontario Police Using ‘Production Order’ to Access Reporter’s Notes. 2

AB – Alberta Privacy Commissioner Scold Staples in Computer Privacy Case. 2

US – ID Theft Complaints Top 2005 Consumer Complaints List 3

WW – Consumer Study: Loss of Personal Data is #1 Fear 3

US – Poll: Most Say Google Should Not Respond to Subpoena. 3

UK – Resident First to Win Legal Case Against Spam.. 3

US – U.S. Computers Responsible for Most Spam, Company Says. 3

US – Washington State Sues Over Spam, Spyware. 4

UK – Police Stop and Search 100 People a Day Under New Anti-Terror Laws. 4

WW – OECD Report: Use of Authentication Across Borders in OECD Countries. 4

WW – Do Web Filters Protect Your Child?. 4

UK – Study: Consumers To Blame For Not Preventing Online Fraud. 4

US – EPIC Sues Justice Department for Release of Domestic Surveillance Documents. 5

UK – Government Defends Recording 24,000 Childrens’ DNA Profiles. 5

US – Privacy Concerns With CDC’s New HIV Data Reporting System.. 5

US – Stolen Ameriprise Laptop Had Data on 230,000 People. 5

US – Thief Steals Briefcase Containing Personal Information of Officers. 5

US – University of Notre Dame Probing Electronic Break-In. 6

UK – Study: Poor Call-Centre Security Poses ID Theft Risk. 6

UK –  UK Info Commissioner to Probe Tax Credit ID Theft of 8,800 Identities. 6

US – CDT Files Complaints Against Major Adware Distributor 6

WW – DMA Bans Members From Pushing Spyware. 6

WW – Internet Coalition Sets Up Anti-’Badware’ Site. 6

US – FBI Says Computer Crime Costs $67 Billion Annually. 7

US – U.S. Obtains Internet Users’ Search Records from Yahoo, MSN, AOL, Others. 7

WW – Google Battles Federal Subpoena For Search Data. 7

WW – Survey: 77% of Google Users Don’t Know it Records Personal Data. 7

US – Judge Orders Web Site Operator to Disclose Authors’ Identities. 7

US – Internet Users Lack Privacy in Subscriber Info, Judge Says. 8

WW – More People Interested in Having Anonymity Online. 8

UK – Blair Under Fire On ID Cards. 8

US – Congressman Seeks Surveillance Info from Internet Companies. 8

US – T-Mobile Seeks Injunction Against Online Data Brokers. 8

US – New Hampshire Reps Approve RFID ‘Tracking Device’ Bill 8

US – Coalition Objects to RFID chips for Driver’s Licenses. 9

US – FTC Levies Highest-Ever Civil Fine Against ChoicePoint 9

WW – OECD Promotes Culture of Security for Information Systems and Networks. 9

US – Army Mandates PKI Log-on for Access to NIPRnet 10

US – Poll Finds Majority Want Warrants for Wiretapping. 10

CA – CIPPIC: Privacy Laws Not Protecting Phone Records. 10

US – Missouri Targets Cell Phone Data Companies. 10

US – GAO Study: Stronger Protections Needed When Contractors Have Access to SSNs. 10

US – Patriot Act Renewal Negotiations Reach Stalemate 11

US – Shafer, Wiles Introduce Legislation Banning Sale of Cell Phone Calling History. 11

US – West Virginia Miners to Get Electronic Tracking Devices. 11

 

 


 

US – TSA Announces Key Elements of Registered Traveler Program

The Transportation Security Administration (TSA) last week announced several parameters for a nationwide private sector Registered Traveler (RT) program, including the biometrics to be used on Smart Cards for identification purposes and the redress process for individuals who are denied access to the program. Airline passengers who buy a pre-approved security pass could have their credit histories and property records examined as part of the U.S. government’s plan to turn over the Registered Traveller program to private companies. The program will begin June 20. [Source] [Source]

 

US – Iris Scanning for New Jersey Grade Schools

When a parent arrives to pick up their child at one of 3 grade schools in the Freehold Borough School District, they’ll need to look into a camera that will take a digital image of their iris. That photo will establish positive identification to gain entrance into the school. Funding for the project, more than $369,000, was made possibly by a school safety grant through the National Institute of Justice, a research branch of the U.S. Department of Justice. “The idea is to improve school safety for the children,” said the Freehold Borough School District Superintendant, “We had a swipe-card system that operated the doors, but the technology was obsolete.” Installation of the iris technology began in October. The Teacher-Parent Authorization Security System (T-PASS), a software application developed by Eyemetric Identity Systems, was installed on the front office computers at each of the three schools. School participation in the 18-month study is voluntary. [Source]

 

CA – Survey: Consumers Select IBM and Bell Canada as Most Trusted Companies

The Ponemon Institute’s 2nd annual online survey found that IBM and Bell Canada remain the most trusted companies for protecting customer privacy. The survey also found that ID theft topped the list of privacy concerns – up from 46% in 2004. The survey also detected increased concern in Canada over telemarketing calls. Larry Ponemon, chairman of the Ponemon Institute, said Canadians typically trust Canadian companies over global enterprises – with the exception of IBM. [Source]

 

CA – Ontario Police Using ‘Production Order’ to Access Reporter’s Notes.

It’s the first time police have used a new Criminal Code provision called a production order to obtain information from the media. Police want a Hamilton Spectator reporter to turn over all records of his interviews with a convicted drug dealer between 2001 and 2005. The Spectator Editor-In-Chief is concerned production orders will become a tool of choice for prosecutors and police intent on getting at reporters’ work. The new Criminal Code provision came into force in September 2004 and allows a judge to compel a person not under investigation to turn over documents or data relevant to the commission of an offence. Not complying is punishable by a fine up to $250,000 or up to six months in jail, or both. While there may be compelling reasons on occasion to seek such orders, “a free press cannot be willy-nilly turned into a tool of the police,” said the Editor. [Source] [CAJ Press Release]

 

AB – Alberta Privacy Commissioner Scold Staples in Computer Privacy Case

Alberta’s privacy commissioner handed down a heavy ruling against an office supply store after it re-sold a computer containing a customer’s personal information to a third party. The commissioner lambasted Staples Business Depot for re-selling a computer that held a woman’s resume, tax return data, social insurance number, as well as family photos and contact information, said Office of the Information and Privacy Commissioner director Elizabeth Denham. “There needs to be more due diligence around reselling and recycling computers that may contain personal information,” she said. [Source]

 

US – ID Theft Complaints Top 2005 Consumer Complaints List

In 2005, consumers filed more than 255,000 ID theft complaints, according to the FTC. Internet-related complaints were responsible for 46 percent of all fraud reports. However, studies have indicated that most ID theft does not involve the Internet. The highest per capita rates of ID theft occurred in the metro regions of Phoenix, Las Vegas and San Bernardino, Calif., according to the FTC. [Source]

 

WW – Consumer Study: Loss of Personal Data is #1 Fear

Visa International reveals in a new global survey that the theft or loss of personal and financial information is the No. 1 concern of consumers worldwide. Most striking, the theft or loss of personal and financial information ranks as the top concern of consumers worldwide (64%), surpassing environmental degradation (62%), terrorism (58%), job loss (57%) and disease or epidemics (55%), among other major issues. In the research, consumers report changes in behavior, particularly when shopping online:

• 63% of consumers say they are more careful when disposing of financial statements;

• 50% look at the privacy policies of companies with which they do business;

• 62% of online shoppers are more discriminate about the sites at which they make purchases; and

• 24% report shopping less online and 26% less via the telephone.

Actual e-commerce figures for Visa show global sales growth of 27% in 2005 over 2004. [Source]

 

US – Poll: Most Say Google Should Not Respond to Subpoena

A poll finds that a majority of those surveyed believe Google should not release information to the government about its users’ search habits, and more than a third said they would even stop using the world’s most popular search engine if the company did so. The survey results, released by the Ponemon Institute, a think tank that studies privacy in businesses and government, also indicate that a vast majority of respondents do not believe that Google collects information that can personally identify who they are. [Source] [Source] [Source]

 

UK – Resident First to Win Legal Case Against Spam

Nigel Roberts used the European Union’s E-Privacy Directive law to win £300 (US$500) in compensation from Media Logistics (UK) Ltd., becoming the first person in the country to use European legislation to defeat spammers. Roberts had originally complained to the company after receiving unsolicited e-mail advertising from a contract car firm and fax broadcasting business. He also used Section 7 of the Directive to force the company to reveal how it obtained his contact details without his consent. After receiving an apology, Media Logistics refused to pay him compensation, resulting in Roberts making a claim for damages to the Small Claims Court. This case was won in October, but judgement on the scale of damages was deferred until the first week in January. Roberts has now come to an out-of-court settlement with Media Logistics, stating “This may be a tiny victory but perhaps now spammers will begin to realize that people don’t have to put up with their e-mail inboxes being filled with unwanted junk.” [Source]

 

US – U.S. Computers Responsible for Most Spam, Company Says

Almost a quarter of the world’s spam in the last three months of 2005 was sent from computers in the United States, according to U.K. antivirus company Sophos. The U.S. is closely followed by China, with 22.3% . South Korea rounds out the top three with 9.7%, according to Sophos, which said the level of non-English language spam is rising. [Source]

 

US – Washington State Sues Over Spam, Spyware

The Washington state attorney general’s office has sued a New York company and individuals in New York, New Hampshire, Oregon and India under state and federal anti-spam and spyware laws, saying they induced computer users to download software that weakened their computers’ security. [Source]

 

UK – Police Stop and Search 100 People a Day Under New Anti-Terror Laws

Charles Clarke, the U.K. Home Secretary, is facing an onslaught over the Government’s anti-terror laws after figures showed nearly 36,000 people were stopped and searched under the emergency powers last year. The number of people stopped and searched each year has soared since the Act came into force in 2001, when 10,200 people were stopped. It rose to 33,800 in 2003-04. Despite the high number of people stopped, only 455 were arrested. Campaigners will mount a legal challenge in the House of Lords this week, as they attempt to limit the laws giving police sweeping powers to stop people even if they have no grounds to suspect them of a crime. [Source]

 

WW – OECD Report: Use of Authentication Across Borders in OECD Countries

The purpose of this survey was to:
• Identify examples of current offerings and actual implementation of authentication across borders.
• Identify actual or potential barriers to the current cross-border use of digital signatures from the supplier/user perspective (taking into account input from other stakeholders as well).
• Explore the extent to which the cross-border offerings of authentication meet transaction needs.
The questionnaire was addressed to governments and to the private sector. The survey is part of the ongoing work of the Working Party on Information Security and Privacy on authentication that is aimed at:
• Assessing the need to develop mechanisms to “bridge” varying legislative/legal/policy frameworks to provide for cross-jurisdictional authentication and for legal effect of electronic signatures.
• Promoting the use of authentication as an integral element of a safer, more secure Internet.
• Developing linkages so as to use the authentication work as an element for addressing other issues such as online identity theft, management of digital identities, spam, travel security, biometrics etc. [
Source]

 

WW – Do Web Filters Protect Your Child?

Millions of parents rely on Web filtering software to shield their children from the nasty side of the Internet—porn, predators and other unseemly phenomena. But according to the U.S. Justice Department, Web filters are not enough to protect minors. The agency voiced its concern about the technology last week as it geared up to defend an antiporn law that’s under attack from civil liberties advocates. The case, which deals with the 1998 Child Online Protection Act, grabbed attention last week after the department subpoenaed Internet search companies, including Google and Yahoo, for millions of search records. [Source]

 

UK – Study: Consumers To Blame For Not Preventing Online Fraud

Britain’s Financial Services Authority presented research this week that shows that more than half of 1,508 customers surveyed were “extremely” or “very” concerned about the potential fraud risks of online banking. The survey found that 95% of those surveyed indicated that banks should take some of the responsibility for online security, while 45% said banks should take all the responsibility for keeping customers safe online. According to the report, the blame for online banking insecurity is due as much to user ignorance as banking inadequacy. According to the survey, if the banks attempted to move all liability for online banking losses to customers, 77% say they would abandon Internet banking completely. The authority’s report makes only veiled criticism of banks themselves. [Source] [Source]

 

US – EPIC Sues Justice Department for Release of Domestic Surveillance Documents

Seeking to compel the immediate disclosure of information concerning the Administration’s warrantless domestic surveillance program, EPIC has filed a Freedom of Information Act lawsuit against the U.S. Department of Justice. The suit asks the federal court in Washington to issue a preliminary injunction requiring the release of relevant documents within 20 days. According to President Bush, the Justice Department has played a key role in authorizing, implementing and overseeing the warrantless surveillance program. Attorney General Alberto Gonzales and other Justice officials have been in the forefront of Administration efforts to justify the program and assert its legality. EPIC’s lawsuit seeks the disclosure of internal DOJ documents about the program to facilitate the current and ongoing public debate on the propriety of the warrantless surveillance. EPIC argues in its court papers that the debate “cannot be based solely upon information that the Administration voluntarily chooses to disseminate.” [Source]

 

UK – Government Defends Recording 24,000 Childrens’ DNA Profiles

The government has defended storing the DNA profiles of about 24,000 children and young people aged 10 to 18. The youngsters’ details are held on the UK database, despite them never having been cautioned, charged or convicted of an offence, a Conservative MP found. [Source]

 

US – Privacy Concerns With CDC’s New HIV Data Reporting System

Some AIDS groups are objecting to a new HIV data reporting system implemented by the federal Centers for Disease Control and Prevention (CDC) that they charge is burdensome and intrudes into the personal lives of clients. The CDC is requiring the 65 state or local health departments and roughly 130 community-based AIDS groups that are directly funded by the federal health agency to use its Program Evaluation and Monitoring System (PEMS), a Web browser-based software application, to report on how they are fulfilling their contracts. [Source]

 

US – Stolen Ameriprise Laptop Had Data on 230,000 People

Ameriprise Financial, the investment advisory unit spun off from American Express, said this week that lists containing the personal information of about 230,000 customers and advisers had been compromised. A security breach occurred in late December, Ameriprise said, after a company laptop was stolen from an employee’s parked car. The laptop contained a list of reassigned customer accounts that was being stored unencrypted, a violation of Ameriprise’s rules. The information on the laptop included the names and Social Security numbers of about 70,000 current and former financial advisers and the names and internal account numbers of about 158,000 customers, about 6% of its 2.8 million clients. [Source]

 

US – Thief Steals Briefcase Containing Personal Information of Officers

A briefcase containing the names, SSNs and birth dates of hundreds of National Guardsmen has fallen into the wrong hands after someone broke into a car earlier this month in California. The National Guard has sent notices to the affected officers warning them about the potential for ID theft. [Source]

 

US – University of Notre Dame Probing Electronic Break-In

Two computer-forensic companies are helping the University of Notre Dame investigate an electronic break-in that may have exposed the personal and financial information of school donors. The hackers may have made off with Social Security numbers, credit card information and check images. [Source]

 

UK – Study: Poor Call-Centre Security Poses ID Theft Risk

Poor security checks in UK call centres are leaving banking customers exposed to the risk of identity fraud, according to a new study. Call centres operated by the UK’s top 20 financial services companies were investigated to find out how robust identity checks on customers calling up were. A password was found to be the most widely used security check when customers get through to a call centre but agents at nine of the institutions were persuaded to accept less secure methods of verifying the identity of callers claiming to have forgotten their password. [Source]

 

UK UK Info Commissioner to Probe Tax Credit ID Theft of 8,800 Identities

The UK’s data protection watchdog has launched an investigation into the tax credit fraud fiasco that resulted from the theft of the identities and personal details of almost 13,000 staff at the Department for Work and Pensions (DWP) and Network Rail. The government admitted that 8,800 staff identities at the DWP had been stolen in 2003/04, with 6,800 used in attempts by criminal gangs to make false tax credits claims last summer. Meanwhile 4,000 Network rail staff had personal details stolen and used by fraudsters to exploit security weaknesses on the tax credits claim website. Although HM Revenue and Customs claims to have stopped many of the fraudulent claims before any money was paid, it admits to losing £2.7m from those that slipped through the net. The tax credits website was closed down in December and is still offline while the criminal investigation is ongoing. [Source] [Source]

 

US – CDT Files Complaints Against Major Adware Distributor

The Center for Democracy &Technology (CDT) has asked the FTC to put an end to the illegal and deceptive practices of 180solutions Inc., one of the world’s largest developers of Internet advertising software. In a detailed complaint, CDT outlines a pattern whereby 180Solutions, through a complicated web of affiliate relationships, deliberately and repeatedly attempted to dupe Internet users into downloading intrusive advertising software. The complaint illustrates how 180solutions continued this pattern of practice even after being warned by technology experts, privacy advocates and its own auditors that its practices were unethical, and in several cases, illegal. [Source] [Source]

 

WW – DMA Bans Members From Pushing Spyware

The Direct Marketing Association has set up its first requirements governing members’ use of software distribution. The rules are designed to curb unethical installation practices, the industry group said, as well as to draw a line in the sand it hopes will preserve the legitimate uses of downloaded software. Many online marketers have been experimenting with using downloadable software as part of their marketing plans. The guidelines say marketers “should not install, have installed, or use...software that initiates deceptive practices or interferes with a user’s expectation of the functionality of the computer and its programs.” They single out as unacceptable software that relays spam, serves “endless loop pop-up advertising,” or deceptively modifies security or browser settings. [Source]

 

WW – Internet Coalition Sets Up Anti-’Badware’ Site

A group including Google and institutes at Harvard and Oxford universities plans to unveil a campaign against spyware and other malicious computer programs that can steal personal information, snoop on your Web surfing and bombard you with pop-up ads. The coalition, which is receiving unpaid advice from Consumer Reports WebWatch, is launching a Web site -- http://www.stopbadware.org/ -- to catalogue programs that infect unsuspecting users and to let them check whether something is dangerous before downloading it. The group also will spotlight firms that make the software in an effort to shame them and will gather data that could lay the groundwork for class-action lawsuits against them. [Source]

 

US – FBI Says Computer Crime Costs $67 Billion Annually

Dealing with viruses, spyware, PC theft and other computer-related crimes costs U.S. businesses a staggering $67.2 billion a year, according to the FBI. The FBI calculated the price tag by extrapolating results from a survey of 2,066 organizations. [Source]

 

US – U.S. Obtains Internet Users’ Search Records from Yahoo, MSN, AOL, Others

Federal investigators have obtained potentially billions of Internet search requests made by users of major websites run by Yahoo Inc., Microsoft Corp. and America Online Inc., raising concerns about how the massive data trove will be used. The information turned over to Justice Department lawyers reveals a week’s worth of online queries from millions of Americans — the Internet Age equivalent of eavesdropping on their inner monologues. The Internet companies said that the information did not violate their users’ privacy because the data did not include names or computer addresses. The disclosure nonetheless alarmed civil liberties advocates, who fear that the government could seek more detailed information later. A Justice Department spokesman said the government was not interested in ferreting out names — only in search trends as part of its efforts to regulate online pornography. But the search-engine subpoenas come amid broader concerns over how much information the government collects and how the data are used. [Source] [Source] [Source] [DOJ Submission]

 

WW – Google Battles Federal Subpoena For Search Data

The government’s battle with Google to obtain search query records comes as federal officials are targeting Internet evidence to bolster law enforcement investigations in several areas, including domestic security and cybercrime. Justice Department officials contend that it needs the Google records – not to investigate individuals – but to defend the Child Online Protection Act of 1998. The Justice Department argues the evidence would help prosecutors determine how much users are searching for pornography and how well filtering software works to block that content. [Source] [Source] [Source]

 

WW – Survey: 77% of Google Users Don’t Know it Records Personal Data

More than three quarters of web surfers don’t realize Google records and stores information that may identify them, results of a new opinion poll show. The phone poll, which sampled over 1000 internet users, was conducted by the Ponemon Institute following the DoJ subpoenas last week. This suggests that the battle for internet privacy is far from over. Google maintains a lifetime cookie that expires in 2038, and records the user’s IP address. But more recently it has begun to integrate services which record the user’s personal search history, email, shopping habits, and social contacts. After first promising not to tie its email service to its search service, Google went ahead and opted its users in anyway. It’s all part of CEO Eric Schmidt’s promise to create a “Google that knows more about you”. [Source]

 

US – Judge Orders Web Site Operator to Disclose Authors’ Identities

Ruling on one of the most important First Amendment issues of the day, a Philadelphia judge has ruled that a valid defamation claim trumps any right to speak anonymously on the Internet. In his 19-page opinion in Klehr Harrison Harvey Branzburg & Ellers v. JPA Development Inc., Common Pleas Judge Albert W. Sheppard Jr. ordered the operator of two now-defunct Web sites to turn over the identities of the anonymous authors of comments on the sites that allegedly defamed a Philadelphia law firm. [Source]

 

US – Internet Users Lack Privacy in Subscriber Info, Judge Says

Internet users surrender any privacy rights they have to their subscriber information when they sign up for online service, a New Haven Superior Court judge has ruled in a matter of first impression in Connecticut. The decision by Judge Nicola E. Rubinow rejects a motion to suppress evidence that was brought by a Southbury family whose computer was seized by police investigating the alleged online harassment of a Quinnipiac University student.

 

WW – More People Interested in Having Anonymity Online

Interest in software that allows people to send e-mail messages that cannot be traced to their source or to maintain anonymous blogs has quietly increased over the last few years, say experts who monitor Internet security and privacy. “People in the world are more interested in anonymity now than they were in the 1990’s,” when the popularity of the Internet first surged, said Chris Palmer, technology manager at the Electronic Frontier Foundation, a nonprofit group in San Francisco dedicated to protecting issues like free speech on the Web. [Source]

 

UK – Blair Under Fire On ID Cards

Tony Blair’s plans for a national identity card scheme could end up as being a “monument to the failure of big government”, the opposition leader has warned. The Tory leader attacked the proposed scheme as new research came to light suggesting it could cost more than £14bn to run. [Source] [IT industry prepares for the worst over ID cards]

 

US – Congressman Seeks Surveillance Info from Internet Companies

The ranking Democrat on the House Judiciary Committee is seeking information from 20 phone, cable and Internet company executives about whether they provided information to the federal government for a secret domestic surveillance program. Michigan Democratic Rep. John Conyers, a leading critic of President Bush’s surveillance program, sent a letter to the chief executives of the Bell phone companies such as Verizon Communications Inc. and AT&T Inc., wireless companies such as Cingular Wireless and cable companies including Comcast Corp., as well as Google Inc. and Yahoo Inc., among others. [Source]

 

US – T-Mobile Seeks Injunction Against Online Data Brokers

T-Mobile is seeking an injunction in Washington state against several online data brokers that allegedly use fraudulent means to obtain and sell its customers’ telephone records. Federal lawmakers are pursuing legislation that would make it illegal to obtain the records or sell them. [Source] [See also Cingular Wireless Wins Injunction Against Data Brokers]

 

USNew Hampshire Reps Approve RFID ‘Tracking Device’ Bill

The New Hampshire House of Representatives approved a bill, HB-203, that would require warning labels on consumer goods and identity documents that contain RFID tags or other tracking devices, regulate the use RFID or other technology for tracking individuals, and establish a commission on the use of tracking devices in government and business. The bill now heads to the New Hampshire Senate, where it will be assigned a committee for hearing. At least two industry groups, the American Electronics Association (AeA) and the Retail Merchants Association of New Hampshire, oppose the bill, claiming that despite amendments that soften the restrictions originally placed on the use of tracking devices such as RFID, the bill remains too limiting of the technology and places overly onerous requirements on companies that want to use the technology. Despite the opposition, New Hampshire Representative Neal Kurk (D, R), one of the bill’s supporters, stands behind the proposed law. “This is a simple notification bill, which is something that industry groups keep saying they support,” says Kurk, who was surprised to hear that industry groups still object to the bill after numerous amendments. In addition to requiring notice of tracking devices on consumer goods, HB203 would prohibit the state of New Hampshire or any of its political subdivisions or agencies from using RFID to track individuals, with exceptions such as incarcerated prisoners or patients in hospitals, nursing homes or assisted-living facilities. It also states that no state-issued identity document could contain, transmit or enable the remote reading of any personal information other than a unique personal identifier number issued by the state. The bill’s latest amendments also says it would prohibit the implantation of an RFID tag into any person without that person’s consent or that of his legal guardian. And it calls for a commission to study RFID devices in government and business and monitor their effect on the economy and society. At least 12 states in 2005 introduced privacy legislation relating to the use of RFID, according to the National Conference of State Legislatures. Last year, the California Senate and House of Representatives approved the Identity Information Protection Act of 2005, which would put a three-year moratorium on the use of RFID in California-issued identity documents (see Calif. RFID Bill Assumes New Identity). The full state assembly is set to vote on it some time this year. Washington has also introduced legislation aimed at regulating the use of RFID in IDs. [Source]

 

US – Coalition Objects to RFID chips for Driver’s Licenses

A coalition of conservative groups and privacy advocates is urging the Homeland Security Department not to include the use of radio frequency identification contactless chips in its regulations for implementing the Real ID Act for state driver’s licenses. In a letter to Secretary Michael Chertoff, the groups assert that RFID costs a lot, lacks standardized technology and poses potential dangers to privacy from unauthorized reading of the chips. [Source]

 

US – FTC Levies Highest-Ever Civil Fine Against ChoicePoint

ChoicePoint has agreed to pay $15 million – a $10 million civil penalty and $5 million to consumers – to settle charges that its security and record-handling procedures violated consumers’ privacy rights and federal laws. The Federal Trade Commission (FTC) said a data breach at the company involved the personal information of 163,000 consumers. ChoicePoint, which also has agreed to independent audits, did not admit any wrongdoing. [Source] [Source]

 

WW – OECD Promotes Culture of Security for Information Systems and Networks

A recent OECD report is a major information resource on governments’ effective efforts to foster a shift in culture as called for in the 2002 OECD Guidelines for the Security of Information Systems and Networks: Towards a Culture of Security. It includes a detailed inventory of initiatives to implement the Guidelines in the following 18 OECD member countries, including Canada. It also highlights main findings based on an analysis of common current trends in those countries and progress made since 2003.  The report is structured in two parts, including: 1) the main policy messages based on an analysis of the responses; and 2) a synthesis of the responses, question per question. More detailed country summaries and the questionnaire are to be found in Annexes 1 and 2. [Source]

 

US – Army Mandates PKI Log-on for Access to NIPRnet

Complying with a recent Defense mandate, the Army has announced it will require users to use a public-key infrastructure to log on to the service’s unclassified network. The Army is implementing the Common Access Card Cryptographic Logon, which requires a smart card and a personal identification number to gain access to the Non-Classified IP Router Network (NIPRnet). The Defense Department’s Joint Task Force for Global Network Operations (JTF-GNO), headed by Air Force Lt. Gen. Charles Croom, set a July 31 date for all of the services and agencies to fully install a PKI to help ward off network intrusions. [Source] [Source]

 

US – Poll Finds Majority Want Warrants for Wiretapping

A majority of Americans want the Bush administration to get court approval before eavesdropping on people inside the U.S., even if those calls might involve suspected terrorists, an AP-Ipsos poll shows. President Bush and top aides have defended the electronic monitoring program they secretly launched shortly after Sept. 11, 2001, as a vital tool to protect the nation from al-Qaida and its affiliates. Yet 56% of respondents in an AP-Ipsos poll said the government should be required to first get a court warrant to eavesdrop on the overseas calls and e-mails of U.S. citizens when those communications are believed to be tied to terrorism. Agreeing with the White House, some 42% of those surveyed do not believe the court approval is necessary. According to the poll, age matters in how people view the monitoring. Nearly two-thirds of those between age 18–29 believe warrants should be required, while people 65 and older are evenly divided. Party affiliation is a factor, too. Almost three-fourths of Democrats and one-third of Republicans want to require court warrants. [Source]

 

CA – CIPPIC: Privacy Laws Not Protecting Phone Records

Canadian privacy legislation is powerless to protect cellphone records and other personal information that is being obtained and sold by U.S.-based data brokers, the Canadian Internet Policy and Public Interest Clinic charged last week. While the United States’ Federal Communications Commission said it is investigating the sale of private cellphone records, in Canada the protection of privacy legislation appears to stop at the border, leaving companies outside Canada free to trade in personal information. [Source]

 

US – Missouri Targets Cell Phone Data Companies

Missouri Attorney General Jay Nixon is on the case of the cell-phone data burglars. Nixon filed a request in Cole County Circuit Court late last week for a temporary restraining order against Data Find Solutions Inc. and 1st Source Information Specialists. The companies, Nixon said, are thought to operate Web sites such as http://www.locatecell.com/ that promote the sale of personal phone records. [Source]

 

US – GAO Study: Stronger Protections Needed When Contractors Have Access to SSNs

Extract: Recent data breaches highlight how identity theft may occur when businesses share individuals’ personal information, including Social Security Numbers (SSNs), with contractors. Because private sector entities are more likely to share consumers’ personal information via contractors, members of Congress raised concerns about the protection of this information in contractual relationships. In response, GAO examined (1) how entities within certain industries share SSNs with contractors; (2) the safeguards and notable industry standards in place to ensure the protection of SSNs when shared with contractors; and (3) how federal agencies regulate and monitor the sharing and safeguarding of SSNs between private entities and their contractors. Banks, securities firms, telecommunication companies, and tax preparation companies share SSNs with contractors for limited purposes. Firms GAO interviewed routinely obtain SSNs from their customers for authentication and identification purposes, and contract out various services, such as data processing and customer service functions. Although these companies may share consumer information, such as SSNs, with contractors, company officials said that they only share such information with their contractors when it is necessary or unavoidable. Companies in the four business sectors GAO studied primarily relied on accepted industry practices and used the terms of their contracts to protect the personal information shared with contractors. Most company officials stated that their contracts had provisions for auditing and monitoring to assure contract compliance. Some noted that their industry associations have also developed general guidance for their members on sharing personal information with third parties. Federal regulation and oversight of SSN sharing varied across the four industries GAO reviewed, revealing gaps in federal law and agency oversight in the four industries GAO reviewed that share SSNs with contractors. [Source]

 

US – Patriot Act Renewal Negotiations Reach Stalemate

Efforts to reach an agreement on a long-term renewal of the USA Patriot Act appear stalled as House Judiciary Committee Chairman Rep. James Sensenbrenner, the House’s chief negotiator, has said his chamber is finished negotiating. Sixteen key provisions of the Patriot Act were set to expire at the end of last year. Members of Congress were unable to reach an agreement on a long-term extension before Christmas, and instead passed a one-month extension set to expire February 3. Senate Democrats and four Republican senators are pressing for more civil liberties protections to be incorporated in the renewal legislation, but Sensenbrenner has said that the proposal in December’s conference report provides adequate safeguards. Senate Judiciary Chairman Arlen Specter said Tuesday that there are likely only two options at this point: the conference report or another short-term extension. Republican Sen. John Sununu, one of the four who have joined Senate Democrats in opposition to the conference report, said however that discussions with the Bush administration on possible changes are continuing. [Source]

 

US – Shafer, Wiles Introduce Legislation Banning Sale of Cell Phone Calling History

Senators David Shafer (R-Duluth) and John Wiles (R-Marietta) this week announced that they have introduced legislation aimed at prohibiting the sale of cell phone records without the consent of the consumer. Senate Bills 455 and 456 were filed with the Secretary of the Senate’s office this week. SB 455, if passed, would prohibit cell phone companies from selling or releasing cell phone records without the consent of the customer. It also would ban information brokers from obtaining and selling this information. Shafer’s bill would require cell phone companies to implement measures to protect cell phone records from unauthorized disclosure. SB 456, authored by Wiles, would provide for penalties for those that engage in the sell and trade of cell phone records. Under Wiles’ legislation, those who are found guilty of illegally selling this information could face felony charges and up to 10 years in prison and/or $100,000 fine. [Source]

 

US – West Virginia Miners to Get Electronic Tracking Devices

West Virginia lawmakers unanimously passed legislation Jan. 23 requiring miners to wear electronic tracking devices and carry wireless emergency communications equipment when working underground. Swift passage of the bill was in direct response to the deaths of 14 miners in two separate incidents since the beginning of this year. Gov. Joe Manchin, who unveiled the legislation Monday morning, is expected to sign the bill into law. The bill includes a provision to protect miners’ privacy when they’re wearing the monitoring technology. It states that no one “shall discharge or discriminate against any miner based on information gathered by a wireless tracking device during nonemergency monitoring.” [Source]

 

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