Privacy Digest

No-go on GOFA - Via CDT - PolicyBeta:

Today, CDT posted an updated memorandum on the most recent version of the Global Online Freedom Act (”GOFA”). GOFA was first introduced by Rep. Christopher Smith (R-NJ) several years ago in response to troubling reports of company complicity in Internet censorship and cooperation in prosecutions of dissidents who posted political material online. The late Rep. Tom P. Lantos, (D-Ca) took up the cause last year and the bill was reported out of the Committee on Foreign Affairs late last year. Industry opposition to the bill has been fierce and efforts to bring the bill to the floor on suspension have thus far been thwarted.

CDT strongly believes that technology companies doing business in countries that broadly surveil and censor the Internet must take serious steps to identify and minimize the human rights risks associated with providing services and technology solutions in those countries. For several years, we have been co-facilitating a multi-stakeholder initiative aimed at developing global principles to guide ICT companies facing free expression and privacy challenges.  We remain hopefully that these principles will grow into a global industry standard that will give the industry a road map for collective action in this area.

We also believe that companies must not hide from these challenges. They should advocate for changes in public policy that protect the rights of their users, challenge laws where possible and collaborate with human rights groups and other stakeholders to build support for an open Internet that supports human rights.  read more »

ACLU Commends Net Neutrality Hearing - Via American Civil Liberties Union:

WASHINGTON – The American Civil Liberties Union commends Chairman Edward Markey (D-MA) of the Subcommittee on Telecommunications and the Internet for holding a hearing today on the Internet Freedom Preservation Act of 2008 (H.R. 5353), legislation designed to keep the Internet free for open discourse.

Caroline Fredrickson, director of the ACLU Washington Legislative office said, "This legislation is a good first step in protecting the Internet from blocking, censorship and discrimination by powerful phone and cable companies." Frederickson said the hearing and the legislation are "important measures to bring net neutrality the attention it needs." She added that the ACLU, which has been fighting for First Amendment freedoms for 87 years, encourages members of Congress and the FCC to take immediate action to safeguard free speech and innovation online.  read more »

Backroom FISA Deal in the Making? - Via ACLU Blog - Government Spying:

There was chatter on the blogs last week that FISA compromise was in the works, but it wasn't until late Friday night that our lobbyists confirmed that House Majority Leader Steny Hoyer (D-Md.) is working on a compromise bill with Senator Jay Rockefeller (D-W.Va.) — yes, the same senator known for taking thousands of dollars of campaign contributions from the telecom companies he's angling to protect with immunity. Hoyer and Rockefeller may try to lock in a deal within the next few days.  read more »

One Step Forward, Two Steps Back for Genetic Privacy - Via ACLU Blog - Privacy & Technology:

Yesterday, the House passed H.R. 493, the Genetic Nondiscrimination Act (GINA), and the bill is now headed to President Bush for his signature.
This is a victory for all Americans who value their genetic privacy: GINA prevents employers and health insurance companies from discriminating against applicants based on their genetic code, which, thanks to modern science, reveals a lot about your body's predisposition towards illness and disease.  read more »

Congress, can you hear me NOW? (commentary) - Via PogoWasRIght - Privacy News Headlines:

By Dissent:

A few nights ago, I played "catch up" on breaches after the Maryland Attorney General's office started making breach notifications publicly available on the web.

It is staggering how many breaches we never learn about because there is no central registry of breaches and most states do not make their breach notices publicly available on the web. Thankfully, three states do report on notifications received, and two of them upload the reports themselves.

Since the beginning of this year, Maryland has received approximately 64 breach notifications. New Hampshire shows 43 breach reports for 2008. Of the combined pool of 74 unique breaches, 44 breaches appeared on one of the two, but not both, states' reports. Clearly we need more states uploading their reports as some breaches may be state- or region-specific.  read more »

ACLU Commends Senator Feingold for Hearing on Secret Law - Via American Civil Liberties Union:

Washington, DC – The American Civil Liberties Union today applauded a Senate subcommittee for holding a hearing on the Bush administration’s use of secrecy to institute government policy. During the hearing, entitled "Secret Law and the Threat to Democratic and Accountable Government," the Senate Judiciary Subcommittee on the Constitution and its chairman, Senator Russell Feingold (D-WI), heard testimony from legal experts and open government advocates. The hearing focused on the administration’s broad interpretation of the law as it relates to government secrecy and counterterrorism policies – including a legal opinion written by former Justice Department Official John Yoo on the use of torture in interrogations. That memo was made public through a Freedom of Information Act (FOIA) request made by the ACLU.

"Government transparency is the cornerstone of democracy," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "This administration has been rewriting the Constitution memo by memo. From what we’ve seen of the self-serving opinions issued by the Office of Legal Counsel, we can only believe that those that remain secret must equally distort the law in favor of President Bush’s agenda. An agenda built on secrecy and overclassification is antithetical to our country’s ideals."  read more »

Court-Approved Wiretapping Rose 14% in '07 - Via Threat Level:

Last year might have been a rough year for U.S. home prices, but growth in government wiretaps remained healthy, with the eavesdropping sector posting a 14% increase in court orders compared to 2006. In 2007, judges approved 4,578 state and federal wiretaps, as compared to 4,015 in 2006, according to two new reports on criminal and intelligence wiretaps.

Editor: Interesting graphic removed. Go to original site for that [...]

State police applied for 27% more wiretaps in 2007 than in 2006, with 94% of them targeting cell phones, according to figures released by the U.S. Courts' administrator. In 2007, state judges approved 1,751 criminal wiretap applications, without turning any of them down, according to  the report (.pdf). That's a near-three fold increase in state wiretaps since 1997. Federal criminal wiretaps remained fairly constant -- hovering around 500 -- though exact numbers aren't known since the Justice Department has begun withholding information from the administrators of the U.S. court regarding sensitive investigations.  read more »

Congress Must Investigate Electronic Searches at U.S. Borders - Via EFF: Breaking News:

San Francisco - The Electronic Frontier Foundation (EFF) and a broad coalition, including civil rights groups, professional associations and technologists, called on Congress today to hold oversight hearings on the Department of Homeland Security's search and seizure of electronic devices at American borders.

The press has widely reported disturbing stories about U.S. citizens subject to intrusive searches of their laptops and cell phones. But a recent court decision found that customs officials can search travelers' computers at the border without suspicion or cause. In a letter sent to the House and Senate Homeland Security and Judiciary committees today, the coalition urges lawmakers to consider passing legislation to prevent abusive search practices by border agents and to protect all Americans from suspicionless digital border inspections.

"Our computers, cell phones, and other electronic devices hold a vast amount of personal information like financial data, health histories, and personal emails and letters," said EFF Staff Attorney Marcia Hofmann. "In a free country, the government cannot have unlimited power to read, seize, and store this information without any oversight."

So far, the Department of Homeland Security has refused to release its policies and procedures for conducting these intrusive searches. EFF and the Asian Law Caucus have filed suit against the Department of Homeland Security to obtain the information through the Freedom of Information Act.  read more »

FBI wants to move hunt for criminals into Internet backbone - Via Ars Technica :

FBI director Robert Mueller's testimony to the Judiciary Committee of the House of Representatives on Wednesday gave a tiny glimpse of the future of law enforcement online, and it raised some tough questions about the evolving line between public and private in a networked world.

In a blog post on the hearing, CNet's Declan McCullagh reproduced the most relevant portion of the testimony—an exchange between Rep. Darrell Issa (R-CA) and Director Mueller on the subject of the FBI's role in detecting and stopping illegal activity on the Internet. Issa began the discussion with the analogy of an FBI raid on a bookie, where the Bureau obtains a warrant to get proof of illegal activity. He then moved to the subject of online crimes and the ongoing barrage of cyberattacks on civilian, government, and military targets, asking Mueller what types of legal powers he would need to be able to obtain proof of those attacks in order to bring a prosecution.

Mueller responded with the follow revealing nugget.  read more »

CDT Testimony: DHS, State Using Insecure RFID Technology - Via Center for Democracy and Technology:

The long-range or "vicinity" Radio Frequency Identification (RFID) technology chosen by the Departments of Homeland Security and State for government-issued ID documents poses serious risks to personal privacy and security, CDT testified today before a Senate Homeland Security Subcommittee. CDT recommended that DHS and State abandon the technology, which was originally developed to track things, not people, and that encryption be used to protect a citizen's unique ID number. CDT also urged Congress to support legislation or regulations banning unauthorized "skimming" of RFID chips and prohibiting use of the passport card and Enhanced Driver's License beyond border security.

# CDT Prepared Statement [PDF] April 29, 2008
# CDT Written Testimony [PDF] April 29, 2008

(Read Original Article - Via Center for Democracy and Technology.)

ACLU Urges Senate Committee to Pass Strong State Secrets Bill - Via American Civil Liberties Union:

Washington, DC – As the Senate Judiciary Committee meets today to mark up key legislation, the American Civil Liberties Union urged the body to pass a bill that would allow Americans to hold their government accountable. The bill, introduced by Senator Edward Kennedy (D-MA), would limit the scope of the state secrets privilege. The Bush administration, which has threatened to veto Senator Kennedy’s bill, has used the privilege to halt several important lawsuits against the government, including an ACLU case involving the extraordinary rendition of an innocent German citizen, Khaled El-Masri.

"The administration’s frequent and broad use of the state secrets privilege goes to the very root of its abuse of power," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "The privilege has been misused and abused for long enough. Senator Kennedy’s legislation will allow for a court to review the government’s national security claims and will rightly reinstate the role of the judiciary."  read more »

ACLU Urges House to Remain Firm as FISA Stalemate Continues - Via American Civil Liberties Union:

Washington, DC – In response to reports that Republicans in the House of Representatives have filed a discharge petition in order to force a vote on a Senate-passed update to the Foreign Intelligence Surveillance Act (FISA), the American Civil Liberties Union released the following statement.

The following can be attributed to Caroline Fredrickson, director of the ACLU Washington Legislative Office:  read more »

Congress Expected to Pass Health Privacy Protections - Via ACLU - Privacy:

ACLU Urges President to Sign 1st Civil Rights Bill of 21st Century

FOR IMMEDIATE RELEASE
Contact: (202) 675-2312 or media@dcaclu.org

WASHINGTON DC - After more than a decade of debates, hearings and votes, Congress is expected to pass legislation referred to as the first civil rights bill of the 21st century that is a critical step toward securing civil liberties in the emerging field of medical technology.

The ACLU urges President Bush to live by his words in support of health privacy protections and sign the Genetic Information Nondiscrimination Act of 2007 – known as GINA, into law.

GINA would provide a national framework to direct companies and states on how to protect information acquired by genetic tests and protect against genetic discrimination. It will also regulate appropriate use of such information so employers and health insurers do not misuse it in a discriminatory way.  read more »

ACLU Testifies before Senate against Real ID - Via ACLU - Privacy:

WASHINGTON – Caroline Fredrickson, director of the ACLU Washington Legislative Office testified today about the privacy and security concerns with creating a federal identity document every American will need in order to fly on commercial airlines, enter government buildings, or open a bank account. The Senate Committee on Homeland Security and Government Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia held an oversight hearing on the Real ID Act and the Western Hemisphere Travel Initiative, examining the federal government’s capacity to implement the new identification systems.  read more »

Senate Approves Vital Health Privacy Bill - Via Center for Democracy and Technology:

CDT applauds the Senate's passage of HR 293, the Genetic Information Nondiscrimination Act of 2007 (GINA) by unanimous consent. The House is expected to quickly pass the measure. The bill represents a significant step forward in protecting health privacy because it prohibits the use of genetic information by employers when making hiring decisions or by health insurers when making coverage decisions or adjusting premiums. Under GINA, employers and insurers also would not be allowed to impose genetic testing requirements. CDT is urging the President to quickly sign the bill into law.

(Read Original Article - Via Center for Democracy and Technology.)