Volume 8.20 October 12, 2001
 Senate Approves Broad Anti-Terrorism Legislation  FTC Announces Privacy Agenda, Pledges More Enforcement  California Passes Identity Theft Law  San Francisco Refuses to Install Filters on Library Computers  CFP2002: Call for Proposals - October 15, 2001  EPIC Bill-Track: New Bills in Congress  EPIC Bookstore - Personal Information Protection and Electronic Documents Act: An Annotated Guide  Upcoming Conferences and Events
The U.S. Senate approved far-reaching anti-terrorism legislation late last night, rejecting efforts to limit the measure's impact on the privacy and civil liberties of American citizens. The Uniting and Strengthening America Act (S. 1510) was the product of negotiations between the Justice Department and the Senate leadership. In an unusual departure from normal legislative procedure, the bill was sent directly to the full Senate without any debate or consideration by the Senate Judiciary Committee. Sen. Russell Feingold (D-WI) and other colleagues, including Paul Wellstone (D-MN) and Maria Cantwell (D-WA), unsuccessfully attempted to have the Senate vote on three amendments designed to minimize the impact on civil liberties. "What have we come to when we don't have either committee or Senate deliberation or amendments on an issue of this importance?" Feingold asked. "Each of us cares as much as anyone in this room about the fight against terrorism, but we want to make sure we don't go beyond that goal and intrude on our civil liberties." The unamended bill was approved by a 96-to-1 vote, with Feingold dissenting.
The Senate bill contains most of the controversial provisions contained in the initial Justice Department anti-terrorism proposal, including:
- Expansion of "pen register" authority to Internet communications, permitting law enforcement monitoring of "routing" and "addressing" information upon a mere showing of "relevance" to an investigation with virtually no judicial oversight. This new authority will likely increase use of the FBI's Carnivore system.
- Authorization of "roving wiretaps" for intelligence surveillance, allowing the issuance of "generic" court orders that could be served on any communications facility (including universities and public libraries) that a surveillance target might use.
- Approval of government monitoring (without judicial authorization) of the communications of "computer trespassers," even in some circumstances where the affected user has permission to use the computer system.
- Authorization of searches without notification to the targeted individual ("secret searches"), in effect allowing police break-ins to private homes and offices.
- Relaxation of existing limitations on the sharing of surveillance and other information between law enforcement and intelligence agencies, removing long-standing protections designed to prevent government investigative abuses.
The House of Representatives is scheduled to consider its anti-terrorism bill, the PATRIOT Act (H.R. 2975), today. That measure was approved by the House Judiciary Committee after deliberations that marginally limited some of the most expansive powers contained in the Justice Department proposal. The House bill, for instance, does not contain a "secret search" provision. Significantly, it contains a "sunset" clause that would terminate new surveillance authorities in two years unless they are reauthorized by Congress. The administration is attempting to have the House consider the Senate bill in lieu of the legislation drafted by the House Judiciary Committee.
The Senate anti-terrorism bill (S. 1510) is available at:
The House anti-terrorism bill (H.R. 2975) (PDF) is available at:
EPIC's analysis of the original Justice Department proposal (the Anti-Terrorism Act of 2001) is available at:
On October 4, Timothy Muris, Chairman of the Federal Trade Commission (FTC) released details of his new privacy agenda for the agency. Speaking at the Privacy 2001 Conference in Cleveland, Ohio, the Chairman stated that privacy was "a large and central part of the FTC's consumer protection mission" and that he planned to increase agency resources devoted to protecting privacy by 50 percent.
Among the specific initiatives proposed by the Chairman were better protection for consumers from unwanted telemarketing and telemarketing fraud (which he said could be achieved by increased enforcement of the Telemarketing Sales Rule and an amendment to that rule to develop a national "do not call" list); an end to the abuse of pre-acquired credit information, whereby sellers who have lists of names and credit card account numbers of potential customers must bill those consumers before there has been a valid acceptance of the offer; intensified efforts to attack fraudulent and deceptive spam, identity theft and pretexting, the practice of obtaining personal financial information by fraud; and increased enforcement of privacy policies and existing laws, such as the Fair Credit Reporting Act (FCRA) and the Children's Online Privacy Protection Act (COPPA). The Chairman also stated that the agency would improve the collection, use, and public reporting of privacy complaints received from the public, and would continue to hold workshops and conduct reports on privacy related issues.
The Chairman concluded with his thoughts on online privacy, stating that it was "too soon" to recommend broad-based legislation, and that more understanding of the issue was needed. In doing so the Chairman reversed the decision of his predecessor, Robert Pitofsky, who, following years of comprehensive study of the online marketplace, presented a report to Congress in May 2000, stating that industry self-regulation was not effective in protecting privacy, and that legislation was necessary to enhance consumer trust and confidence online. Chairman Muris offered no new evidence to contradict the findings of that report or otherwise justify this reversal of policy.
The text of the Chairman's Speech is available at:
The FTC's May 2000 Report to Congress is available at:
See also, EPIC's Resource Page on the FTC:
Governor Gray Davis has signed Senate Bill 168, a measure that will increase protections against identity theft in California. The bill, authored by Senator Debra Bowen (D-Redondo Beach), gives individuals more ability to alert credit reporting agencies of fraud, and places important restrictions on the disclosure of Social Security Numbers (SSN). The bill will be phased into effect over the next four years.
Under the new bill, Californians will be able to request a "security alert" via a toll-free number when it is believed that credit or identity fraud has occurred. Californians may also request a "security freeze" that prevents credit agencies from releasing personal information from an individual's credit report. This provision attempts to address the practice of credit card companies that extend new credit accounts despite the fact that the consumer had recently reported an incident of credit fraud.
The bill also places important restrictions on use of the SSN. The bill prohibits the public posting of an individual's SSN. Printing an SSN on an identity card or document used to obtain a product or service is prohibited as well. Businesses that use the SSN to identify customers, such as utility companies, will no longer be permitted to print the SSN on invoices or bills sent through the mail.
U.S. Senator Diane Feinstein has introduced legislation embodying many of the protections included in the Bowen Bill to protect all Americans. Congress, however, has not acted on the legislation.
Senator Bowen is a principal advocate of privacy protection in the California Senate. Her most recent privacy bill to reach the Governor's desk, Senate Bill 147, was vetoed. The Bill would have required employers to give notice to employees before monitoring their e-mail. Governor Davis asserted that the requirement would have burdened industry.
Text of Senate Bill 168:
Privacy Rights Clearinghouse Identity Theft Resource Page:
The San Francisco Board of Supervisors voted unanimously this week to ban Internet filters at city libraries. San Francisco is the first municipality to openly defy the federal filtering mandate. Emily Sheketoff of the American Library Association said, "The (San Francisco decision) demonstrates what we've been saying all along, that these decisions should be made locally."
While conservative groups argue that filters are the best way to keep children from viewing obscenity on the Web, critics argue that filtering software blocks out sites that contain words like "sex" and "breast". Such restrictions makes it difficult to gain access to non-obscene sites that provide services such as health information.
As a result of its decision, under the Childrens Internet Protection Act (CIPA) the city could lose up to $20,000 in federal funding. EPIC has joined with the American Civil Liberties Union and the American Library Association in a lawsuit challenging the constitutionality of CIPA. The case is scheduled to be tried in federal court in Philadelphia next February.
EPIC's collection of writings on Internet filters, "Filters & Freedom 2.0: Free Speech Perspectives on Internet Content Controls," is available at:
The Program Committee of CFP2002, the Twelfth Conference on Computers, Freedom & Privacy, seeks proposals for innovative conference sessions and speakers. The conference, which will be held April 16-19, 2002 in San Francisco, CA, is a leading venue for public debate on the future of privacy and freedom in the online world, and has been around for over a decade.
Proposals dealing with all aspects of computers, freedom, and privacy are welcomed. Especially encouraged are proposals that relate to important issues facing the Internet and freedom, including global activism, technology and monopoly, voting technology and democracy, technology and weapons, ICANN and Internet governance, borders and censorship, the digital divide, biometric systems, consumer privacy, intellectual property and freedom, digital rights management, and public records.
Proposals will be reviewed by the Program Committee and Advisory Board for CFP2002. Please submit proposals by October 15, 2001.
Full instructions for submission can be found on the CFP2002 Web site:
H.R.2915 Public Safety and Cyber Security Enhancement Act of 2001. To amend title 18, United States Code, with respect to the interception of communications, and for other purposes. Sponsor: Rep Smith, Lamar (R-TX). Latest Major Action: 9/20/2001 Referred to House committee: House Judiciary.
H.R.2943 Classified Information Protection Act of 2001. To protect classified information, and for other purposes. Sponsor: Rep Vitter, David (R-LA). Latest Major Action: 9/21/2001 Referred to House committee: House Judiciary.
H.R.2951 Aviation Security Act. To improve aviation security, and for other purposes. Sponsor: Rep Ganske, Greg (R-IA). Latest Major Action: 9/25/2001 Referred to House committee: House Transportation and Infrastructure.
H.R.2965 Criminal Alien Visa Denial Act of 2001. To amend the Immigration and Nationality Act to provide for the exchange of information by electronic means between the Federal Bureau of Investigation and other Federal agencies. Sponsor: Rep Shays, Christopher (R-CT). Latest Major Action: 9/25/2001 Referred to House committee: House Judiciary.
H.R.2975 Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001. To combat terrorism, and for other purposes. Sponsor: Rep Sensenbrenner, F. James, Jr. (R-WI). Latest Major Action: 10/3/2001 Referred to House subcommittee: House Judiciary; House Select Committee on Intelligence; House International Relations; House Resources; House Ways and Means.
H.R.2978 Money Laundering Prevention Act. To strengthen existing Federal laws and provide law enforcement agencies with enhanced enforcement tools necessary to combat money laundering, and for other purposes. Sponsor: Rep Roukema, Marge (R-NJ), Latest Major Action: 10/2/2001 Referred to House committee: House Financial Services; House Judiciary; House International Relations.
H.R.2979 Money Laundering Act of 2001. To enhance the ability of law enforcement to combat money laundering, and for other purposes. Sponsor: Rep Roukema, Marge (R-NJ) Latest Major Action: 10/2/2001 Referred to House committee: House Judiciary; House Ways and Means; House Financial Services; House Energy and Commerce.
H.R.3002 To provide for the establishment of an alien nonimmigrant student tracking system. To provide for the establishment of an alien nonimmigrant student tracking system. Sponsor: Rep Sweeney, John E. (R-NY). Latest Major Action: 10/2/2001 Referred to House committee: House Judiciary.
H.R.3004 Financial Anti-Terrorism Act of 2001. To combat the financing of terrorism and other financial crimes, and for other purposes. Sponsor: Rep Oxley, Michael G (R-OH). Latest Major Action: 10/3/2001 Referred to House committee: House Financial Services; House Judiciary; House Ways and Means.
H.R.3016 To amend the Antiterrorism and Effective Death Penalty Act of 1996 with respect to the responsibilities of the Secretary of Health and Human Services regarding biological agents and toxins, and to amend title 18, United States Code, with respect to such agents and toxins, to clarify the application of cable television system privacy requirements to new cable services, to strengthen security at certain nuclear facilities, and for other purposes. Sponsor: Rep Tauzin, W. J. (Billy) (R-LA). Latest Major Action: 10/9/2001 House preparation for floor: House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 12, 2001. Committees: House Energy and Commerce; House Judiciary.
H.R.3026 Office of Homeland Security Act of 2001. To establish an Office of Homeland Security within the Executive Office of the President to lead, oversee, and coordinate a comprehensive national homeland security strategy to safeguard the Nation. Sponsor: Rep Gibbons, Jim (R-NV). Latest Major Action: 10/4/2001 Referred to House committee: House Government Reform; House Armed Services; House Judiciary; House Transportation and Infrastructure; House Select Committee on Intelligence; House Energy and Commerce.
H.R.3029 Baggage Screening Act. To amend title 49, United States Code, to require the screening of all property carried in aircraft in air transportation and intrastate air transportation, and for other purposes. Sponsor: Rep Inslee, Jay (D-WA). Latest Major Action: 10/5/2001 Referred to House subcommittee: House Transportation and Infrastructure.
H.R.3043 : To provide for the establishment of an alien nonimmigrant student tracking system. Sponsor: Rep Sweeney, John E.(R-NY). Latest Major Action: 10/4/2001 Referred to House committee: House Judiciary.
H.R.3052 Visa Information Security Act of 2001. To amend the Immigration and Nationality Act to require that nonimmigrant visa applicants provide fingerprints. Sponsor: Rep Green, Gene (D-TX). Latest Major Action: 10/5/2001 Referred to House committee: House Judiciary.
H.R.3053 Identity Theft Prevention Act of 2001. To prevent identity theft, and for other purposes. Sponsor: Rep Hooley, Darlene (D-OR). Latest Major Action: 10/5/2001 Referred to House committee: House Financial Services.
H.R.3068 To establish a Presidential commission to strengthen and improve financial privacy and national security. Sponsor: Rep Ney, Robert W (R-OH). Latest Major Action: 10/9/2001 Referred to House committee: House Financial Services.
H.R.3069 : To secure American families effectively. Sponsor: Rep Paul, Ron (R-TX). Latest Major Action: 10/9/2001 Referred to House committees: House Judiciary.
S.1429 Airport and Seaport Terrorism Prevention Act. A bill to provide for the improvement of security at airports and seaports. Sponsor: Sen Edwards, John (D-NC). Latest Major Action: 9/14/2001 Referred to Senate committee: Senate Commerce, Science, and Transportation.
S.1448 Intelligence to Prevent Terrorism Act of 2001. A bill to enhance intelligence and intelligence-related activities of the United States Government in the prevention of terrorism, and for other purposes. Sponsor: Sen Graham, Bob (D-FL). Latest Major Action: 9/21/2001 Referred to Senate committee: Senate Intelligence.
S.1452 To provide for electronic access by the Department of State and the Immigration and Naturalization Service to certain information in the criminal history records of the Federal Bureau of Investigation to determine whether or not a visa applicant or applicant for admission has a criminal history record. A bill to provide for electronic access by the Department of State and Immigration and Naturalization Service to certain information in the criminal history records of the Federal Bureau of Investigation to determine whether or not a visa applicant or applicant for admission has a criminal record. Sponsor: Sen Kennedy, Edward M. (D-MA). Latest Major Action: 9/21/2001 Referred to Senate committee: Senate Judiciary.
S.1456 Critical Infrastructure Information Security Act of 2001. A bill to facilitate the security of the critical infrastructure of the United States, to encourage the secure disclosure and protected exchange of critical infrastructure information, to enhance the analysis, prevention, and detection of attacks on critical infrastructure, to enhance the recovery from such attacks, and for other purposes. Sponsor: Sen Bennett, Robert F. (R-UT). Latest Major Action: 10/9/2001 Senate committee/subcommittee actions: Committee on Energy and Natural Resources. Hearings held.
S.1489 A bill to provide for the sharing of information between Federal departments, agencies, and other entities with respect to aliens seeking admission to the United States, and for other purposes. Sponsor: Sen Snowe, Olympia J. (R-ME). Latest Major Action: 10/3/2001 Referred to Senate committee: Senate Judiciary.
S.1491 A bill to provide for the establishment and implementation of a fingerprint processing system to be used whenever a visa is issued to an alien. Sponsor: Sen Snowe, Olympia J. (R-ME). Latest Major Action: 10/3/2001 Referred to Senate committee: Senate Judiciary.
S.1509 A bill to establish a grant program to enable rural police departments to gain access to the various crime-fighting, investigatory, and information-sharing resources available on the Internet, and for other purposes. Sponsor: Sen Rockefeller IV, John D. (D-WV) Latest Major Action: 10/4/2001 Referred to Senate committee: Senate Judiciary.
S.1510 USA Act of 2001. A bill to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. Sponsor: Sen Daschle, Thomas A. (D-SD). Latest Major Action: 10/9/2001 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 187.
S.1511 International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001. An original bill to combat international money laundering, thwart the financing of terrorism, and protect the United States financial system, and for other purposes. Sponsor: Sen Sarbanes, Paul S. (D-MD) Latest Major Action: 10/9/2001 Placed on Senate Legislative Calendar under General Orders. Calendar No. 185. Committees: Senate Banking, Housing, and Urban Affairs.
EPIC Bill Track: Tracking Privacy, Speech, and Cyber-Liberties Bills in the 107th Congress, is available at:
Personal Information Protection and Electronic Documents Act: An Annotated Guide, by Stephanie Perrin, Heather H. Black, David Flaherty, and T. Murray Rankin.
This January 2001 book outlines privacy laws and compliance for a relatively new Canadian privacy law, the Personal Information Protection and Electronic Documents Act, which applies to organizations that collect, use, or disclose personal information in the course of commercial activity. The authors are Stephanie Perrin, the Privacy Officer at Zero Knowledge, formerly with Industry Canada; Heather Black, a Canadian Department of Justice attorney who was heavily involved in drafting the law; David Flaherty, an internationally recognized scholar and authority on data protection; and T. Murray Rankin, a British Columbia lawyer with a background in privacy and freedom of information law.
The book provides a complete analysis of every provision in the Act, including the CSA model code, as well as background material, explanations, and a detailed discussion of important privacy issues. There is also a privacy impact assessment guide and sample privacy policies, plus a reproduction of the entire Act and the European and OECD data protection initiatives.
"Privacy & Human Rights 2001: An International Survey of Privacy Laws and Developments," (EPIC 2001). Price: $20. http://www.epic.org/bookstore/phr2001/
This survey, by EPIC and Privacy International, reviews the state of privacy in over fifty countries around the world. The survey examines a wide range of privacy issues including, data protection, telephone tapping, genetic databases, ID systems and freedom of information laws.
"The Privacy Law Sourcebook 2001: United States Law, International Law, and Recent Developments," Marc Rotenberg, editor (EPIC 2001). Price: $40. http://www.epic.org/bookstore/pls2001/
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/crypto&/
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.
Additional titles on privacy, open government, free expression, computer security, and crypto, as well as films and DVDs can be ordered through the EPIC Bookstore: http://www.epic.org/bookstore/
Call for Proposals - October 15, 2001. CFP 2002: The Twelfth Conference on Computers, Freedom & Privacy. April 16-19, 2002. San Francisco, CA. For more information: http://www.cfp2002.org/
Privacy: The New Management Imperative - Chief Privacy Officer Training Program. Southern Methodist University and Privacy Council. October 15-17, 2001. Dallas, TX. For more information: http://execdev.cox.smu.edu/
Nurturing the Cybercommons, 1981-2021. Computer Professionals for Social Responsibility (CPSR) 20th Anniversary Conference and Wiener Award Dinner. October 19-21, 2001. Ann Arbor, MI. For more information: http://www.cpsr.org/
The New HIPAA Privacy Rule: Guiding Your Clients Through the Implementation Process. Practising Law Institute. October 24, 2001. New York, NY. For more information: http://www.pli.edu/
The Third National HIPAA Summit: From Theory to Practice - From Planning to Implementation. October 24-26, 2001. Washington, DC. For more information: http://www.hipaasummit.com/
The 29th Research Conference on Communication, Information and Internet Policy. Telecommunications Policy Research Conference. October 27-29, 2001. Alexandria, VA. For more information: http://www.tprc.org/
The 8th Annual Centre for Applied Cryptographic Research (CACR) Information Security Workshop: The Human Face of Privacy Technology. University of Waterloo and Information and Privacy Commission/Ontario. November 1-2, 2001. Toronto, Ontario. For more information: http://www.cacr.math.uwaterloo.ca/
Symposium on Privacy and Security 2001. Foundation for Data Protection and Information Security. November 1-2, 2001. Zurich, Switzerland. For more information: http://www.privacy-security.ch/
Workshop on Security and Privacy in Digital Rights Management 2001. Eighth Association for Computing Machinery (ACM) Conference on Computer and Communications Security. November 5, 2001. Philadelphia, PA. For more information: http://www.star-lab.com/sander/spdrm/
Privacy: The New Management Imperative - Chief Privacy Officer Training Program. Cambridge University and Privacy Council. November 5-8, 2001. Cambridge, England. For more information: firstname.lastname@example.org
Learning for the Future. Business for Social Responsibility's Ninth Annual Conference. November 7-9, 2001. Seattle, WA. For more information: http://www.bsr.org/events/2001.asp
Privacy and Security in the Digital Age: The Global Summit 2001. November 13-14, 2001. New York, NY. For more information: http://www.globalprivacysummit.net/
Information Operations: Applying Power in the Information Age. Jane's Information Group. November 14-15, 2001. Washington, DC. For more information: http://www.janes.com/security/conference/info_op/info_op.shtml
Information Gathering in the 21st Century. Seton Hall Law School. November 16, 2001. South Orange, NJ. For more information: email@example.com
Managing Privacy of Health Information. The Canadian Institute. November 19-20, 2001. Vancouver, British Columbia. For more information: http://www.CanadianInstitute.com/
Call for Papers - December 1, 2001. 11th Annual EICAR & 3rd European Anti-Malware Conference. European Institute for Computer Anti-Virus Research (EICAR). June 8-11, 2002. Berlin, Germany. For more information: http://conference.eicar.org/
Privacy By Design 2001: Building Privacy for Better Business. ZeroKnowledge. December 3-5, 2001. Montreal, Canada. For more information: http://www.zeroknowledge.com/privacybydesign2001/
Get Noticed: Effective Financial Privacy Notices. Federal Trade Commission. December 4, 2001. Washington, DC. For more information: http://www.ftc.gov/bcp/workshops/glb/
Call for Papers - December 10, 2001. Workshop on Privacy Enhancing Technologies 2002. April 14-15, 2002. San Francisco, CA. For more information: http://www.pet2002.org/
17th Annual Computer Security Applications Conference (ACSAC). Applied Computer Security Associates. December 10-14, 2001. New Orleans, LA. For more information: http://www.acsac.org/
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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, e-mail firstname.lastname@example.org, 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).
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