[governance] EPIC: 2009 Year in Review
Katitza Rodriguez
katitza at datos-personales.org
Thu Jan 7 18:41:08 EST 2010
I thought this might be of interest.
>
> =
> ======================================================================
> E P I C A l e r t
> =
> ======================================================================
> Year in Review January 7, 2010
> -----------------------------------------------------------------------
>
> Published by the
> Electronic Privacy Information Center (EPIC)
> Washington, D.C.
>
> http://www.epic.org/alert/epic_alert_yir2009.html
>
> ======================================================================
>
>
> 2 0 0 9 P R I V A C Y Y E A R I N R E V I E W /
>
> 2 0 1 0 P R I V A C Y I S S U E S T O W A T C H
>
> ======================================================================
> Top Privacy Stories 2009
> - Data Breaches and ID Theft on the Rise
> - Supreme Court Strikes Down Strip Searches, Enhanced Penalties for
> Identity Proxies
> - White House Visitors Now Public Information
> - Facebook: Sharing is Caring
> - Tiger's Texting
> - Biometric Company Goes Bankrupt. Fingerprints for Sale?
> - Behavioral Tracking
> - Europe Updates Communications Privacy Law
> - Medical Privacy Victories in Congress and the Courts
> - Octomom Privacy Breach
>
> Top Privacy Issues to Watch in 2010
> - Cloud Computing
> - Smartgrid: Will Your Power Meter be Spying on You?
> - Federal Trade Commission and Privacy
> - Data Breach Legislation
> - Invasion of the Body Scanners
> - Biometric Identification
> - Electronic Privacy at the Supreme Court
> - Google Books and Reader Privacy
> - De-identification Techniques
> - Global Privacy Standards
>
>
> 2009 was a busy year for privacy. Big Internet firms, such as Facebook
> and Google, created new challenges for Internet users as personal data
> became more valuable to advertisers. Congress considered many privacy
> bills, though few became law. The Supreme Court decided several
> privacy
> cases, including a student strip-search case. The Department of
> Homeland Security stepped up surveillance of the American public even
> as a known terrorist boarded a plane with explosive material hidden in
> his underwear. The year promises even more news with biometric
> identifiers, body scans, Congressional hearings, a Supreme Court case
> on text messages, and the related privacy challenges.
>
>
> Here are the Top Ten Privacy Stories of 2009 and the Top Ten Privacy
> Issue to Watch in 2010 from the Electronic Privacy Information Center
> (EPIC):
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Data Breaches and ID Theft on the Rise
>
> Non-profits and the Federal Trade Commission reported a continued rise
> in data breaches and identity theft in 2009. The FTC received 313,982
> identity theft consumer complaints during the past year, topping all
> previous records. Lawmakers have been unable to pass meaningful
> legislation so identity thieves and data breachers can look forward to
> another great - and profitable - year!
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Supreme Court Strikes Down Strip Searches, Enhanced Penalties for
> Identity Proxies
>
> Concluding that perhaps it was not reasonable to strip search a
> teenage
> girl in the hunt for a single tablet of ibuprofin, the Supreme Court
> ruled 8-1 that such a search violated the Fourth Amendment because
> "there were no reasons to suspect the drugs presented a danger or were
> concealed in her underwear." The Court also ruled unanimously that
> individuals who provide identification numbers that are not their own,
> but don't intentionally impersonate others, cannot be subject to harsh
> criminal punishments under federal law. But in a 5-4 decision, the
> Supreme Court rejected the constitutional right of a convicted
> individual to access his DNA to prove innocence.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> White House Visitors Now Public Information
>
> In an effort to promote government accountability, the White House
> decided to release the names of people who visit the White House. The
> policy includes grade school classes from Des Moines but excludes
> Supreme Court nominees and national security advisors. This is a good
> topic for a high school paper.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Facebook: Sharing is Caring
>
> Oil and water. Privacy and Facebook. The world's top social network
> service navigated the privacy waters with mixed success in 2009. Early
> in the year, a proposed change in the Terms of Service that
> transferred
> control over user data to Facebook triggered a massive protest. More
> than 100,000 users signed up for, no surprise, "Facebook Users Against
> the New Terms of Service." Then a year-end change to the privacy
> settings led to a formal complaint at the Federal Trade Commission,
> charging unfair and deceptive trade practices. Share that news item
> with Everyone!
>
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Tiger's Texting
>
> The downward slide of golf phenom Tiger Woods began when a few of his
> texting buddies decided to push the save button instead of delete.
> Tiger's texts made their way into the national tabloids, the stories
> followed, and the endorsements soon disappeared. This was all the more
> amazing since Tiger's yacht is named "Privacy." Warning to celebs: be
> careful what you text and with whom you text.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Biometric Company Goes Bankrupt. Fingerprints for Sale?
>
> Clear, a company that offered air travellers the fast lane at
> airports,
> may now be playing fast and loose with the customer information it
> acquired. As a Registered Traveler program, the company obtained
> biometric identifiers -- digital fingerprints and iris scans -- on
> more
> than 100,000 frequent flyers. Clear, operated by Verified Identity
> Pass, also gathered up detailed personal histories for its private
> clearance program. But once the company went bankrupt, the biometric
> ddatabase was the main asset to sell. Lawyers for the customers
> stepped
> in and stopped the sale of personal identifiers. Bad news for identity
> thieves hoping to make it quickly through airline security.
>
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Behavioral Tracking
>
> In 2009 consumer advocates focused on the companies that focus on
> consumers. A coalition of privacy groups urged Congress to crack down
> on behavorial advertising. Lawmakers and the FTC expressed interest.
> Rep. Rick Boucher announced that he is drafting a bill that would
> impose strict rules on websites and advertisers. Boucher said his goal
> is "to ensure that consumers know what information is being collected
> about them on the Web and how it is being used, and to give them
> control over that information."
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Europe Updates Communications Privacy Law
>
> Toward the end of the Year, the European Union established new
> Internet
> policies, including a right to Internet access, net neutrality
> obligations, and strengthened consumer protections. Under the ePrivacy
> directive, communications service providers will also be required to
> notify consumers of security breaches, persistent identifiers
> ("cookies") will become opt-in, there will be enhanced penalties for
> spammers, and national data protection agencies will receive new
> enforcement powers.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Medical Privacy Victories in Congress and the Courts
>
> Early in the year, President Obama signed into law the HI-TECH Act of
> 2009. The Act established new medical privacy safeguards. Medical
> privacy also had victories in the courts as judges grew leery of the
> sale of sensitive prescription information.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Octomom Privacy Breach
>
> There are some personal details that even aspiring reality show stars
> do not want to share with the world. After the birth of Nadia
> ("Octomom") Suleman's octuplets, more than two dozen hospital
> employees took peeks at Octomom's medical records. Apparently US
> Weekly
> was not providing detailed enough information. The privacy breaches
> cost the hospital a cool $250,000, the maximum allowed under
> California
> privacy laws.
>
> ======================================================================
> ISSUES TO WATCH IN 2010
> ======================================================================
>
> New technologies with interesting privacy implications have been
> introduced, the government has moved into social networking, the
> Supreme Court will rule on workplace privacy, and the FTC may take a
> new stance on regulation. Here are the top ten privacy topics to pay
> attention to in 2010.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Cloud Computing
>
> What happens to your data when it's in the cloud? That's the issue
> that
> policymakers will look at more closely in 2010, not only because users
> are moving data to the cloud, but also because government agencies
> are.
> Still, the privacy and security risks are real, as the FTC recently
> reminded the FCC, following a petition from EPIC.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Smartgrid: Will Your Power Meter be Spying on You?
>
> Standards are still being developed for the Smart Grid, a host of
> technologies that will modernize the existing electrical grid. The
> Smart Grid could enable more efficient delivery of electricity and
> allow consumers to make more informed energy use decisions. But Smart
> Grid technologies also raises troubling privacy possibilities that
> there could be very detailed tracking – and record keeping - of
> individuals’ electricity use. New error message: "Don't you think
> you've been in the sauna long enough?"
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Federal Trade Commission and Privacy
>
> In 2009, the Federal Trade Commission signaled that it was moving away
> from the “Notice and Choice,” “hands off” approach to privacy
> protection. In 2010, the FTC fills in the blanks with a new approach
> to
> privacy protection. Welcome to the 21st century, Washington DC.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Data Breach Legislation
>
> Congress is moving to adopt comprehensive data breach legislation and
> also to regulate the data broker industry. A Data Breach Bill has
> passed the House, similar legilsation is pending in the Senate. If
> passed, the Data Breach bill could provide uniform data breach
> protections, but also threatens to undermine stricter state data
> breach
> laws.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Invasion of the Body Scanners
>
> The Christmas Day attack has renewed calls for the deployment of
> digital strip search devices in the nation's airports. Never mind that
> the devices are not designed to detect the liquid or powder
> explosives,
> favored by the bad guys, the machines will subject American air
> travellers to the full monty, captured in high-res. Heading to the
> airport? Better hit the gym first.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Biometric Identification
>
> Even though one company tried to sell the biometric identifiers on
> 100,000 affluent air travelers (see Top Privacy Stories 2009), don't
> expect a let up in the rush to digitize fingerprints and iris scans.
> For advice on how to protect your privacy in a world of biometrics,
> check out Tom Cruise in Minority Report.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Electronic Privacy at the Supreme Court
>
> Do workers have privacy rights in their pagers and cell phones? That
> is
> a question before the Supreme Court in 2010. The case will allow the
> court to decide whether government employees have a constitutional
> right to keep text messages private. And that will hinge on whether
> employees have a "reasonable expectation of privacy" when they text
> while at work.
>
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Google Books and Reader Privacy
>
> And while you're downloading the latest digital text on new threats to
> your privacy, you might be wondering who's keeping track of your
> intellectual interest. The answer could be Google. The Internet giant
> spent the last several years scanning the books in the nation's
> libraries and now wants to make them available online. Only problem is
> that Google is planning to track everyone who checks out a digital
> text
> unless a federal court in New York says otherwise.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> De-identification Techniques
>
> The holy grail of privacy protection is still genuine techniques for
> deidentification and anonymization. But finding technqiues that really
> work is turning out to be a tough problem. Expect more focus on this
> issue in 2010, as companies and agencies try to develop privacy
> friendly services.
>
> * * * * * * * * * * * * * * * * * * * * * * * *
>
> Global Privacy Standards
>
> The move is on to establish global standards for personal data.
> Advocates are rallying behind the Madrid Privacy Declaration, while
> government officials meet in closed door sessions to hammer out
> agreements. The big question at the end of 2010 is whether there will
> be more privacy, more surveillance, or more of both.
>
> ======================================================================
> Privacy Policy
> ======================================================================
>
> The EPIC Alert mailing list is used only to mail the EPIC Alert and to
> send notices about EPIC activities. We do not sell, rent or share our
> mailing list. We also intend to challenge any subpoena or other legal
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>
> In the event you wish to subscribe or unsubscribe your e-mail address
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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, visit 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 2009 Year in Review ------------------
>
> .
>
> _______________________________________________
> EPIC-press mailing list
> EPIC-press at mailinglists.epic.org
> http://mailinglists.epic.org/mailman/listinfo/epic-press
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