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Subject: EPIC Alert 12.20
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E P I C A l e r t
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Volume 12.20 October 6, 2005
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Published by the
Electronic Privacy Information Center (EPIC)
Washington, D.C.
http://www.epic.org/alert/EPIC_Alert_12.20.html
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Table of Contents
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[1] EPIC FOIA Note: Travelers Struggle With Watch List Errors [2] FCC to
Apply Wiretap Law to Broadband, VoIP [3] US-VISIT's Travel ID Plan Still Has
Security, Privacy Risks [4] EPIC Unveils Page About Theme Parks and Privacy
[5] Congress Demands Limits on "Sensitive Security Information"
[6] News in Brief
[7] EPIC Bookstore: Dan Tynan's "Computer Privacy Annoyances"
[8] Upcoming Conferences and Events
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[1] EPIC FOIA Note: Travelers Struggle With Watch List Errors
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Documents obtained by EPIC under the Freedom of Information Act show nearly
a hundred complaints from airline passengers about the government's traveler
screening security measures. The most common complaint from travelers is
that they have been wrongly placed on a government watch list.
The Transportation Security Administration maintains "selectee" and "no fly"
watch lists of individuals suspected of posing a risk to air travel safety.
When a passenger checks in for a flight, he may be labeled a threat if his
name matches an entry on one of the watch lists, even if he is not the
person actually on the list. People who are identified as watch list matches
may experience long screening delays or not be allowed to board the plane.
EPIC posted the documents on its Web site in recognition of International
Right to Know Day on September 28. On that day in 2002, freedom of
information organizations from around the world established the Freedom of
Information Advocates Network. The coalition, now composed of more than 90
organizations on four continents, continues to promote the adoption of
freedom of information laws throughout the world and the recognition of the
right to know as a fundamental human right.
EPIC FOIA Note #8:
http://www.epic.org/foia_notes/note8.html
More EPIC FOIA documents on watch lists:
http://www.epic.org/privacy/airtravel/foia/watchlist_analysis.html
Freedom of Information Advocates Network:
http://www.foiadvocates.net
EPIC International Right to Know Day press release:
http://www.epic.org/press/092805.html
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[2] FCC to Apply Wiretap Law to Broadband, VoIP
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On September 23, the Federal Communications Commission issued an order and
notice of proposed rulemaking stating that the federal wiretap law applies
to broadband Internet service providers and voice over IP (VoIP) services.
The 1994 wiretap law, known as CALEA (the Communications Assistance for Law
Enforcement Act) required telephone companies to provide easy access for law
enforcement agencies to tap customers'
lines.
The new FCC order means that broadband service providers and providers of
VoIP services that are capable of connecting to the regular telephone
network ("interconnected VoIP") must also create systems that the government
can wiretap. The FCC reached this conclusion despite the fact that CALEA
originally applied only to "telecommunications carriers" and excluded
"information services"from its scope.
The FCC justified this expansion by citing a previously unused portion of
CALEA that authorized the FCC to apply CALEA to any "wire or electronic
communication switching service," so long as that service "is a replacement
for a substantial portion of the local telephone exchange service and. . .
it is in the public interest to do so." The FCC cited to this, saying many
use broadband and VoIP services to at least partially replace traditional
telephone use. The FCC also argued that the exclusion of "information
services" from CALEA does not apply because the agency interprets the
definitions of "telecommunications"
and "information services" differently for CALEA than it does for the
Communications Act.
On the same day as the Order was issued, the FCC released a policy statement
that outlined the FCC's belief that "consumers are entitled to run
applications and use services of their choice, subject to the needs of law
enforcement." This announcement indicates the potential for wiretap
provisions to expand into an even wider variety of communications methods.
The final breadth of this expansion remains to be seen.
FCC Order and Further Notice of Proposed Rulemaking (pdf):
http://ftp.fcc.gov/FCC-05-153A1.pdf
FCC Policy Statement (pdf):
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-151A1.pdf
2003 EPIC Letter to Chairman Michael Powell on VoIP Regulation:
http://www.epic.org/privacy/voip/fccltr12.15.03.html
EPIC Wiretap Page:
http://www.epic.org/privacy/wiretap/
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[3] US-VISIT's Travel ID Plan Still Has Security, Privacy Risks
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In comments to the Department of Homeland Security, EPIC again has urged the
agency to abandon a flawed proposal to embed Radio Frequency Identification
tags in the Form I-94 or Form I-94W, which is the Arrival-Departure record
issued to a traveler to the United States. The plan lacks basic privacy and
security safeguards, and these costs substantially outweigh the limited
timesaving benefits, EPIC said.
Under US-VISIT, foreign visitors are subject to biometric collection,
biographic data collection, and watch list checks. The information collected
from individuals includes name, date of birth, country of citizenship,
passport number and country of issuance, complete U.S.
destination address, and digital fingerscans.
The wireless travel ID plan contains a significant risk of unauthorized
access. Although DHS states that the RFID tags will only carry a unique
identification number, which will not contain any personally identifiable
information, the ID numbers are linked to data files, and are subject to
interception. The ID number is the key that permits access to records in the
US-VISIT system.
Another significant security risk is that of clandestine tracking. RFID is
an invisible technology. It allows a person's information to be accessed
without his or her knowledge. Anytime a visitor is carrying his
I-94 RFID-enabled form, his unique identification number, which is linked to
his individual biographic information, could be accessed by unauthorized
individuals. So long as the RFID tag or chip can be read by unauthorized
individuals, foreign visitors could be identified and tracked.
EPIC has submitted a series of comments on database proposals undertaken by
DHS regarding the development of the US-VISIT program. Most recently in
August, EPIC urged DHS abandon the RFID plan because the problems with the
proposal are very similar to the problems found in the State Department's
flawed proposal to include RFID tags in U.S. passports. The State Department
is reassessing the plan after receiving a storm of criticism from civil
liberties, security and privacy groups, including EPIC.
EPIC's recent comments (pdf):
http://www.epic.org/privacy/us-visit/100305_rfid.pdf
EPIC's Aug. 4, 2005 comments (in html and pdf):
http://www.epic.org/privacy/us-visit/comments080405.html
http://www.epic.org/privacy/us-visit/comments080405.pdf
EPIC's US-VISIT Page:
http://www.epic.org/privacy/us-visit/
EPIC's RFID Page:
http://www.epic.org/privacy/rfid/
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[4] EPIC Unveils Page About Theme Parks and Privacy
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EPIC has created an issue page on theme parks and privacy to act as a single
source of information for consumers to learn more about privacy issues
surrounding theme parks. The page provides information on theme parks'
growing use of biometrics and other surveillance technology for commercial
purposes.
For instance, fingerprint scans are now being used to keep track of visitors
who enter and exit theme parks such as Walt Disney World. On January 2, all
current Disney World admission passes began using fingerprint scans as a
means to track customers entering Disney theme parks. Each park visitor is
asked to make the peace sign and then place the fingers into a fingerprint
reader. The digital fingerprint information is stored and used to match
visitors with their park pass.
All individuals who are 10 years of age or older are asked to provide their
fingerprints for scanning. However, children younger than ten have also been
participating in this customer identification program.
Unfortunately, many visitors to the theme parks are not aware of the new
policy. They are not informed that their fingerprint information has been
scanned and retained. Customers were not provided with information on how
long the fingerprint information would be retained, nor whether the
information collected would be used for other purposes other than the
control of admission to the theme park.
Another theme park profiled on the page is DestiNY USA, which is under
construction in the state of New York. This commercial center and theme park
has been advertised as a place where marketers can study consumers
interacting within a "living laboratory." The park claims that it has "built
in the access and capacity for partner companies to monitor and continuously
improve their products and services as they are being used by millions of
visitors."
The two parks highlighted are not the only theme parks using biometrics and
surveillance technology to monitor visitor access and activity within parks.
As technologies that were once considered inappropriate for use on the
general public become more available, park visitors must be on guard for
additional threats to their privacy.
EPIC's Theme Park Page:
http://www.epic.org/privacy/themepark/
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[5] Congress Demands Limits on "Sensitive Security Information"
=======================================================================
In a conference report on the 2006 Homeland Security Appropriations Act,
Congress instructed the Department of Homeland Security to create clearer
and more consistent procedures for determining what documents are to be
considered "sensitive security information," or SSI. While such documents
are unclassified, they are still withheld as being too sensitive to release
publicly. Among the documents considered SSI are airport security plans,
specifications for screening devices, and vulnerability studies. However,
in recent years, the category has expanded to include "security directives"
and any "other information"
within an agency's discretion. For instance, Transportation Security
Administration employees have cited SSI to refuse to tell airline passengers
why they were being searched.
The Congressional report sought to curb the proliferation of SSI in areas
that should be in the public domain. The report requires each office within
Homeland Security to have a specific official who will designate documents
as SSI. Congress also requires the Secretary of Homeland Security to give
the titles of all SSI documents to Congress in an annual report.
This July, EPIC won a battle with the Department of Homeland Security and
the Transportation Security Administration over SSI designations. A federal
court found that government agencies cannot withhold information simply by
designating it SSI, without any further description. Though federal agencies
"are not required to describe the withheld portions in so much detail that
it reveals the sensitive security information itself," the court said they
are required to "provide a more adequate description" to explain why
material is not made public. EPIC filed a Freedom of Information Act suit to
force DHS, TSA and the FBI to release documents detailing the agencies'
efforts to obtain airline passenger information. Though the court found that
the FBI had conducted an adequate search for documents, and TSA and DHS had
properly withheld some material, the court ordered DHS and TSA to provide
more detailed justification for numerous withholdings.
Excerpts from the Conference Report:
http://www.fas.org/sgp/congress/2005/dhs-ssi.html
Full text of the Conference Report on the 2006 Homeland Security Act:
http://thomas.loc.gov/cgi-bin/query/F?r109:1:./temp/~r109JzAsa6:e0:
Opinion in EPIC FOIA Case (pdf):
http://www.epic.org/privacy/airtravel/passengerdata/epic_v_dhs.pdf
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[6] News in Brief
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Spotlight: Registered Traveler Program Creates Private ID System
"Spotlight on Surveillance" turns to the Registered Traveler air passenger
prescreening program run by Verified Identity Pass, Inc.
Travelers pay $80 per year and submit personal data, including Social
Security numbers, fingerprints, and iris scans, to the company for the
privilege of a "fast pass" through airport security. The program may expand
beyond airports to office buildings and stadiums. The system not only
contains significant security and privacy flaws, it also creates the risk
that people may eventually have to pay for an unregulated, privatized ID
card simply to enter an office building.
Spotlight on Surveillance:
http://www.epic.org/privacy/surveillance/spotlight/1005/
EPIC's Passenger Profiling Page:
http://www.epic.org/privacy/airtravel/profiling.html
Recent Poll Shows Widespread Concern for Consumer Privacy
A recent CBS/New York Times poll shows that Americans are increasingly
worried about their personal information being collected and shared by
private companies. 52% think the right to privacy is under serious threat,
and another 30% think it has already been lost. Only 16% think it is still
safe. The poll also reveals that 55% were very concerned about having
personal information stolen, and another 34% were somewhat concerned.
Financial institutions were seen as the biggest threat to privacy, with half
of the respondents naming banks and credit card companies as the source of
the greatest threat to privacy. The federal government was the primary
privacy threat seen by 14%. 68% of respondents felt that the federal
government should be doing more to protect their privacy. Respondents were
not asked about state or local governments.
EPIC's Public Opinion and Privacy Page:
http://www.epic.org/privacy/survey/default.html
EPIC Comments on ICANN WHOIS Proposal
EPIC has filed comments with the Internet Corporation for Assigned Names and
Numbers (ICANN) on its new WHOIS policy. Under ICANN's current policies,
those registering domain names must make public their contact information
via WHOIS. But under many local and national laws, this information is
private. The Task Force now recommends that registrars be allowed to
request exceptions to the ICANN policies if they can show a conflict with
local or national laws. The EPIC comments support this change but also
urging far more comprehensive and effective policies be explored and
implemented.
EPIC's Comments to ICANN:
http://forum.icann.org/lists/gnso-whoisprivacy-cmts/msg00007.html
ICANN WHOIS Task Force Report:
http://gnso.icann.org/issues/whois-privacy/tf-prelim-rpt-12sep05.htm
EPIC's WHOIS Page:
http://www.epic.org/privacy/whois/
Senate Adds Unrelated DNA Collection to Violence Against Women Act
A measure that would allow the collection of DNA from any person detained or
arrested by law enforcement was attached to the Violence Against Women Act.
The amendment, unrelated to the Act, would allow law enforcement to collect
DNA even from those not convicted or charged with any crime. The DNA would
then be added to a federal DNA database.
CODIS currently includes the DNA only of those who have been convicted,
indicted, or charged with crimes.
Text of the bill (DNA Fingerprint Act is under Title X):
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1197:
California to Track Parolees, Probationers by GPS
California Gov. Arnold Schwarzenegger signed legislation Tuesday that will
allow counties and the state to track people on probation or parole by
attaching global positioning system devices to their ankles. Each device
costs about $9 per day to operate and can be assigned by probation officers
without a judge's order. California has 115,000 parolees and 250,000 on
probation.
California Legislative Information on the bill (SB 619):
http://www.epic.org/redirect/SB619.html
Homeland Security's Privacy Officer Steps Down
On September 29th, Nuala O'Connor Kelly stepped down as the Chief Privacy
Officer at the Department of Homeland Security. The position was created in
an attempt to safeguard privacy rights at DHS. Although civil liberties
groups praised Ms. O'Connor Kelly for her work, which included calling
attention to several privacy breaches at DHS, they also noted that the
position of Privacy Officer lacked the independence necessary to truly
protect Americans' privacy. Ms. O'Connor Kelly leaves DHS to take a position
as head of privacy issues at General Electric. Maureen Cooney, Ms. O'Connor
Kelly's former chief of staff, has been named acting director.
Department of Homeland Security Privacy Office:
http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0338.xml
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[7] EPIC Bookstore: Dan Tynan's "Computer Privacy Annoyances"
=======================================================================
Dan Tynan, Computer Privacy Annoyances: How to Avoid the Most Annoying
Invasions of Your Personal and Online Privacy (O'Reilly 2005)
http://www.powells.com/partner/24075/biblio/0596007752
Dan Tynan's Computer Privacy Annoyances gets it right: the book provides
excellent advice on how to protect privacy without turning the reader into a
paranoid. The book has one of the best "top ten" steps to protect privacy
I've read. He covers privacy at home, work, and on the Internets. He also
covers privacy in public, an increasingly important topic in an age of
ubiquitous cameras and nagging offline requests for personal data at retail
stores. A prescient section of the book discusses the privacy risks
associated with social network software, systems that many even in the
privacy community have adopted.
Oddly enough, O'Reilly (the publisher) stuck a registration card in Tynan's
book. A careful reader of Tynan's book will learn that such product
registration cards are just marketing tools and should be dispatched to the
recycling bin.
-- Chris Jay Hoofnagle
================================
EPIC Publications:
"Privacy & Human Rights 2004: An International Survey of Privacy Laws and
Developments" (EPIC 2004). Price: $50.
http://www.epic.org/bookstore/phr2004
The Privacy Law Sourcebook, which has been called the "Physician's Desk
Reference" of the privacy world, is the leading resource for students,
attorneys, researchers, and journalists interested in pursuing privacy law
in the United States and around the world. It includes the full texts of
major privacy laws and directives such as the Fair Credit Reporting Act, the
Privacy Act, and the OECD Privacy Guidelines, as well as an up-to-date
section on recent developments. New materials include the APEC Privacy
Framework, the Video Voyeurism Prevention Act, and the CAN-SPAM Act.
================================
"FOIA 2004: Litigation Under the Federal Open Government Laws," Harry
Hammitt, David Sobel and Tiffany Stedman, editors (EPIC 2004). Price:
$40. http://www.epic.org/bookstore/foia2004
This is the standard reference work covering all aspects of the Freedom of
Information Act, the Privacy Act, the Government in the Sunshine Act, and
the Federal Advisory Committee Act. The 22nd edition fully updates the
manual that lawyers, journalists and researchers have relied on for more
than 25 years. For those who litigate open government cases (or need to
learn how to litigate them), this is an essential reference manual.
================================
"The Public Voice WSIS Sourcebook: Perspectives on the World Summit on the
Information Society" (EPIC 2004). Price: $40.
http://www.epic.org/bookstore/pvsourcebook
This resource promotes a dialogue on the issues, the outcomes, and the
process of the World Summit on the Information Society (WSIS). This
reference guide provides the official UN documents, regional and
issue-oriented perspectives, and recommendations and proposals for future
action, as well as a useful list of resources and contacts for individuals
and organizations that wish to become more involved in the WSIS process.
================================
"The Privacy Law Sourcebook 2004: United States Law, International Law, and
Recent Developments," Marc Rotenberg, editor (EPIC 2005). Price:
$40. http://www.epic.org/bookstore/pls2004/
The "Physicians Desk Reference of the privacy world." An invaluable
resource for students, attorneys, researchers and journalists who need an
up-to-date collection of U.S. and international privacy law, as well as a
comprehensive listing of privacy resources.
================================
"Filters and Freedom 2.0: Free Speech Perspectives on Internet Content
Controls" (EPIC 2001). Price: $20.
http://www.epic.org/bookstore/filters2.0
A collection of essays, studies, and critiques of Internet content
filtering. These papers are instrumental in explaining why filtering
threatens free expression.
================================
"The Consumer Law Sourcebook 2000: Electronic Commerce and the Global
Economy," Sarah Andrews, editor (EPIC 2000). Price: $40.
http://www.epic.org/cls
The Consumer Law Sourcebook provides a basic set of materials for consumers,
policy makers, practitioners and researchers who are interested in the
emerging field of electronic commerce. The focus is on framework
legislation that articulates basic rights for consumers and the basic
responsibilities for businesses in the online economy.
================================
"Cryptography and Liberty 2000: An International Survey of Encryption
Policy," Wayne Madsen and David Banisar, authors (EPIC 2000). Price:
$20. http://www.epic.org/bookstore/crypto00&
EPIC's third survey of encryption policies around the world. The results
indicate that the efforts to reduce export controls on strong encryption
products have largely succeeded, although several governments are gaining
new powers to combat the perceived threats of encryption to law enforcement.
================================
EPIC publications and other books on privacy, open government, free
expression, crypto and governance can be ordered at:
EPIC Bookstore
http://www.epic.org/bookstore
"EPIC Bookshelf" at Powell's Books
http://www.powells.com/features/epic/epic.html
================================
EPIC also publishes EPIC FOIA Notes, which provides brief summaries of
interesting documents obtained from government agencies under the Freedom of
Information Act.
Subscribe to EPIC FOIA Notes at:
https://mailman.epic.org/cgi-bin/control/foia_notes
=======================================================================
[8] Upcoming Conferences and Events
=======================================================================
Access & Privacy Workshop 2005: Toolkit For Change. Ontario Ministry of
Government Service's Access & Privacy Office. October 6- 7, 2005.
Toronto, Ontario. For more information:
http://www.governmentevents.ca/apw2005/
State of Play III: Social Revolutions. Berkman Center for Internet and
Society, New York Law School, Yale Law School. October 7-8, 2005. New York,
NY. For more information: http://www.nyls.edu/pages/2396.asp
Eighth World Conference and Exhibition on the Practical Application of
Biometrics. Elsevier. October 19-21, 2005. Westminster, London, UK.
For more information:
http://www.biometrics.elsevier.com/
Public Voice Symposium: "Privacy and Data Protection in Latin America -
Analysis and Perspectives." Launch of the English version of "Privacy and
Human Rights 2005." October 20-21, 2005, Auditorio Alberto Lleras Camargo
de la Universidad de los Andes, Bogota, Colombia.
Organizers: Electronic Privacy Information Center (EPIC), Grupo de Estudios
en Internet, Comercio Electronico, Telecomunicaciones e Informatica (GECTI),
Law School of the Universidad de los Andes, Bogota, Colombia, Computer
Professional for Social Responsibility-Peru (CPSR-Peru). For more
information:
http://www.thepublicvoice.org/events/bogota05/default.html
Cryptographic Hash Workshop. National Institute of Standards and Technology,
Computer Security Division. October 31-November 1, 2005.
Gaithersburg, MD. For more information:
http://www.csrc.nist.gov/pki/HashWorkshop/index.html
First International Conference on Digital Rights Management: Technology,
Issues, Challenges, and Systems. Telecommunications and Information
Technology Research Institute (University of Wollongong), International
Association for Cryptologic Research, IEEE Task force on Information
Assurance. October 31-November 2, 2005. Sydney, Australia. For more
information:
http://www.titr.uow.edu.au/DRMTICS2005/
6th Annual Privacy and Security Workshop. Centre for Innovation Law and
Policy (University of Toronto) and the Center for Applied Cryptographic
Research (University of Waterloo). November 3-4, 2005. University of
Toronto. For more information:
http://www.cacr.math.uwaterloo.ca/conferences/2005/psw/announcement.html
12th ACM Conference on Computer and Communications Security. Association for
Computing Machinery: Special Interest Group on Security, Audit, and Control.
November 7-11, 2005. Alexandria, VA. For more Information:
http://www.acm.org/sigs/sigsac/ccs/CCS2005/
The World Summit on the Information Society. Government of Tunisia.
November 16-18, 2005. Tunis, Tunisia. For more information:
http://www.itu.int/wsis
Internet Corporation For Assigned Names and Numbers (ICANN) Meeting.
November 30-December 4, 2005. Vancouver, Canada. For more
information: http://www.icann.org
Fifth International Conference on Data Mining. IEEE Computer Society.
November 27-30, 2005. Houston, TX. For more information:
http://www.cacs.louisiana.edu/~icdm05/
======================================================================
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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 publishes the EPIC Alert,
pursues Freedom of Information Act litigation, and conducts policy research.
For more information, see http://www.epic.org or write EPIC, 1718
Connecticut Ave., NW, Suite 200, Washington, DC 20009.
+1 202 483 1140 (tel), +1 202 483 1248 (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 "EPIC" and sent to 1718 Connecticut Ave., NW, Suite 200,
Washington, DC 20009. Or you can contribute online at:
http://www.epic.org/donate
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 12.20 -------------------------
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