--------------------------------------------------------------- EPIC DIGEST AT PRIVACY.ORG EPIC-DIGEST is a weekly update of news, information, and action items posted on privacy.org. November 6-28, 2001 TOC------------------------------------------------------------ NEWS House Questions FTC Chairman on Privacy Issues Justice Department to Spy on Detainees' Attorney Phone Calls Supreme Court Places Time Limits on Right to Sue in ID Theft Cases EPIC Holds National ID Shred In Successful FTC Enforcement of Privacy Policy New FBI Keylogging Program Reported Health Privacy Act : Not Enough Protection ACTION Oppose National ID NEWS----------------------------------------------------------- House Questions FTC Chairman on Privacy Issues FTC Chairman Timothy Muris was the sole witness at a hearing organized by the Subcommittee on Commerce, Trade, and Consumer Protection on November 7, 2001. This was his first hearing before Congress and the Subcommittee members questioned him closely on his proposals to protect consumer privacy both online and offline. While the hearings did not get too far into the specifics, the Subcommittee did send a signal that consumer privacy is one of the top items in their agenda. Muris told the subcommittee that his agency is working hard to implement the major themes of the privacy agenda he announced last month, including a national do-not-call telemarketing list, and a crackdown on identity theft and on- and offline scams. Hearing on Challenges Facing the Federal Trade Commission November 7, 2001 http://energycommerce.house.gov/107/hearings/11072001Hearing403/hearing.htm FTC Chief Grilled On Privacy At 1st Congressional Hearing Newbytes, November 7, 2001 http://www.newsbytes.com/cgi-bin/udt/im.display.printable?client.id= newsbytes&story.id=171954 Protecting Consumers' Privacy: 2002 and Beyond Timothy Muris, October 4, 2001 http://www.ftc.gov/speeches/muris/privisp1002.htm --------------------------------------------------------------- Justice Department to Spy on Detainees' Attorney Phone Calls In a remarkable move, the Justice department announced that it would listen in on the conversations of lawyers with clients in federal custody, including people who have been detained but not charged with any crime, whenever that is deemed necessary to prevent violence or terrorism. The eavesdropping rule was adopted on an emergency basis last week, without the usual waiting period for public comment. The rule raises serious constitutional problems and will face a severe challenge. U.S. Will Monitor Calls to Lawyers Washington Post, November 9, 2001 http://www.washingtonpost.com/ac2/wp-dyn/A64663-2001Nov8?language=printer Power Grab Allows Government Eavesdropping on Inmate-Attorney Conversations ACLU Press Release, November 9, 2001 http://www.aclu.org/news/2001/n110901a.html --------------------------------------------------------------- Supreme Court Places Time Limits on Right to Sue in ID Theft Cases The Supreme Court ruled in 9-0 decision that Federal law gives people whose credit ratings have been damaged by a credit reporting company's mistake only two years from the date of the mistake to file a lawsuit, even if the mistake does not come to light until later. The Bush Administration and consumer groups advocated that the statute of limitations clock should start ticking when the victim becomes aware of the theft, rather than when the theft occurs. The Court was unable to find support for this view in their reading of the statute. It might be time now for Congress to clarify their intentions. It also serves as a reminder to all consumers to be vigilant about what goes on their credit report. Justices Uphold 2-Year Deadline on Suing Credit Raters New York Times, November 14, 2001 http://www.nytimes.com/2001/11/14/national/14SCOT.html?pagewanted=print TRW, Inc. v. Andrews, Findlaw http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=00-1045 Privacy Rights Clearinghouse ID Theft page http://www.privacyrights.org/identity.htm --------------------------------------------------------------- EPIC Holds National ID Shred In EPIC is holding a public shredding of national ID cards on the East House Lawn of the Capitol Building at 1 PM on Friday, November 16. EPIC will be joined by Brad Jansen of Free Congress Foundation and Lori Cole of Eagle Forum to discuss the threats to civil liberties posted by National ID Systems. This shredding is being held in response to a House Government Reform Committee Hearing on national ID cards. EPIC Identity Cards Page. http://www.epic.org/privacy/id_cards/ Privacy International National ID Cards Page. http://www.privacyinternational.org/issues/idcard/ --------------------------------------------------------------- Successful FTC Enforcement of Privacy Policy The FTC has settled charges with an Internet operation RhinoPoint.com owned by New Millenium Concepts, Inc. that misled consumers into paying membership fees and turning over sensitive personal and financial information by claiming that it would pay for the consumer's Internet access. The company's privacy policy had stated that it would never share information with third parties. As part of the settlement, the company agreed to destroy all personally identifying information. The FTC used its power under section 5 to pursue unfair and deceptive trade practices to bring this case against the Operator. We hope we will see more such aggressive enforcement of consumer privacy from the FTC in the future. FTC Press Release http://www.ftc.gov/opa/2001/11/newmillennium.htm FTC Act, 15 U.S.C. § 45(a) http://www4.law.cornell.edu/uscode/15/45.html Report Violations to FTC FTC Complaint Form https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01 --------------------------------------------------------------- New FBI Keylogging Program Reported MSNBC is reporting that the FBI is developing software capable of inserting a computer virus onto a suspect's machine and obtaining encryption keys, The software, known as "Magic Lantern," enables agents to read data that had been encrypted. The controversial software called Carnivore (renamed DCS 1000), has been ineffective against suspects who encrypt their files. Magic Lantern installs so-called "keylogging" software on a suspect's machine that is capable of capturing keystrokes typed on a computer and thereby getting the password that encrypts the message. Magic Lantern is supposedly one of a series of enhancements currently being developed for the FBI's Carnivore project, under the umbrella project name of Cyber Knight. MSNBC.com has filed a Freedom of Information Act request with the bureau to get more information. "Magic Lantern" part of new "Enhanced Carnivore Project" MSNBC.com, November 21, 2001 http://www.msnbc.com/news/660096.asp?cp1=1 EPIC Carnivore page http://www.epic.org/privacy/carnivore/ EPIC's Carnivore FOIA Documents http://www.epic.org/privacy/carnivore/foia_documents.html FBI's Carnivore site http://www.fbi.gov/hq/lab/carnivore/carnivore.htm --------------------------------------------------------------- Health Privacy Act : Not Enough Protection The Health Privacy Project released a report funded by the Pew Internet & American Life Project that examines how the new federal health privacy regulation covers - and does not cover - consumer-oriented health Web sites and Internet-based health care. The report found that: (1) the regulation does not apply to most health Web sites; (2) different rules may to different sites offering the same services; and (3) even at Web sites owned or operated by organizations that are covered by the privacy regulation, it is not clear which activities at those sites are subject to the regulation. Pew Internet Project Report (pdf) http://www.healthprivacy.org/usr_doc/PIP%5FHPP%5FHealthPriv%5Freport%2Epdf Health Privacy Project http://www.healthprivacy.org Privacy Act Doesn't Apply To Most Health Sites - Pew Newsbytes, November 19, 2001 http://www.newsbytes.com/news/01/172291.html ACTION--------------------------------------------------------- Oppose National ID National ID systems historically have been used by repressive governments to track citizens. For instance, the South African Government used national identification to enforce apartheid. Now, proposals in the US House and Senate would impose national ID systems on all non-citizens. Soon enough, those national ID systems will be expanded to citizens. Read more about National ID at the EPIC Identity Cards Page http://www.epic.org/privacy/id_cards/ Privacy Internationalıs National ID Cards Page http://www.privacyinternational.org/issues/idcard/ Read legislative proposals for national ID systems, including: Senator Feinsteinıs (D-CA) S.1627 Visa Entry Reform Act of 2001 http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.1627: Senator Kennedyıs (D-MA) S.1618 Enhanced Border Security Act of 2001 http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.1618: Representative Greenıs (R-TX) Visa Information Security Act of 2001 http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.3052:H.R.3052: --------------------------------------------------------------- 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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