RE: U.S. Plans Massive Data Sweep

["Richard M. Smith" <rms () computerbytesman com>]

That was my original impression also.  But after some thought, my take is
that a lot of information in this DHS database will likely fail the
"pertinent" test.  Of course, INAL.  The Privacy Act would seem to restrict
DHS from being Google.

Richard 

-----Original Message-----
From: Paul Schmehl [mailto:pauls () utdallas edu] 
Sent: Friday, February 10, 2006 2:26 PM
To: Richard M. Smith; funsec () linuxbox org
Subject: RE: [funsec] U.S. Plans Massive Data Sweep

--On Friday, February 10, 2006 08:49:56 -0500 "Richard M. Smith" 
<rms () computerbytesman com> wrote:

> > > > How is database-ifying publicly available information "intruding 
> > > > too
> deeply into citizens' privacy"?
>
> This data gathering effort by the DHS must comply with the 1974 
> Federal Privacy act:
>
> http://www.usdoj.gov/foia/privstat.htm
>
> Section (e) has many requirements which I believe DHS will have 
> trouble with.  Here's one example:
>
> (7) maintain no record describing how any individual exercises rights 
> guaranteed by the First Amendment unless expressly authorized by 
> statute or by the individual about whom the record is maintained

 or unless
> pertinent to and within the scope of an authorized law enforcement 
> activity;
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

That looks like a huge gaping hole to me.

Paul Schmehl (pauls () utdallas edu)
Adjunct Information Security Officer
University of Texas at Dallas
AVIEN Founding Member
http://www.utdallas.edu/ir/security/
_______________________________________________
Fun and Misc security discussion for OT posts.
https://linuxbox.org/cgi-bin/mailman/listinfo/funsec
Note: funsec is a public and open mailing list.