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Remain vigilant on financial privacy -- By Dan Gillmor


From: Dave Farber <dave () farber net>
Date: Thu, 28 Aug 2003 16:14:33 -0400



Remain vigilant on financial privacy

By <mailto:dgillmor () mercurynews com>Dan Gillmor
Mercury News Technology Columnist

News and views, culled and edited from my online eJournal (www.dangillmor.com):

Privacy ascendant: So the California Legislature, after years of doing the anti-consumer bidding of well-heeled benefactors in the financial industry, finally did the right thing last week by passing a serious financial-privacy bill. And today, Gov. Gray Davis, who had been a behind-the-scene ally of the obstructionists, is expected to sign it.

That's the good news. But never underestimate the raw power of the financial lobby, nor its willingness to thwart the plain will of the people. The industry isn't about to give up, which means we'll also have to remain vigilant.

It's not as if California's lawmakers deserve congratulations in any event. They only agreed to pass SB 1, sponsored by a persistent state senator, Jackie Speier, D-San Mateo, after it was abundantly clear that the voters would otherwise pass a ballot proposition vastly tougher than the law we'll actually get.

I was looking forward to the whipping that we, the people, were going to give the financial behemoths over their insistence that our most personal information is theirs to buy, sell, trade and give away. But the new law will be an excellent step in the right direction -- and will lead the nation.

Naturally, the financial industry has a backup plan. It's lobbying Congress to pre-empt state laws entirely. One way is to renew and beef up soon-to-expire provisions in the Fair Credit Reporting Act, which in some circumstances now prevents states from going further than federal rules.

That's why, no matter where you live, you should contact your member of the House of Representatives and both U.S. senators at (202) 224-3121 and tell them to stand up to the Citibanks and State Farms and other financial giants and let states protect their own citizens if they choose.

California's law will become the national standard if it's allowed to remain in force. Let's help ensure that it does.

Moving out: Will America lose 3.3 million high-paid, value-added technology jobs to overseas competitors in coming years? That's one estimate that John Chen, chief executive of Sybase, has heard.

But he's heard other estimates, too, he said at the Progress & Freedom Foundation's conference in Aspen last week. No one is sure, though the anecdotal evidence strongly suggests a worrisome trend.

Chen correctly calls for a deep study. We need facts and context. We also need a national debate about the next wave of American job shifts, the same kind of debate we once had over the manufacturing move overseas. That transition was painful but it left us stronger in the end.

If this trend is as real as it sounds, big trouble is on the way. The nation is not prepared, and in fact seems to be making all the wrong decisions.

We are systematically wrecking our schools (except our universities, which remain the world's best), destroying our government's fiscal base, encouraging inequality of opportunity and generally encouraging our international competitors to take advantage of our self-induced weakness. America's emerging plutocracy cares mostly about profits, and doesn't care where they come from.

Ross Perot once talked of a ``giant sucking sound'' of employment heading out of the country. But this isn't just a vacuuming from other countries. We're doing a lot of this to ourselves.

Dean's spam: The Howard Dean presidential campaign says it's sorry for some recent e-mail spamming -- it should be mortified -- and blames the unwanted e-mails on a contractor. Given the credibility among Net folk the campaign has earned, this faux pas will probably be forgiven. Once.

But given the ease with which spammers can disguise their identities, it's easy to predict some increasingly ugly tactical moves in political circles. Political operatives are going to hire spammers to send out mail-blasts allegedly on behalf of their opponents' campaigns. The idea will be to irritate voters, and it'll work.

This sort of thing isn't a new idea. Sleazy operatives have in previous election campaigns (at various levels) made bogus direct-marketing-like pitches -- obnoxious ones -- supposedly on behalf of opponents.

One of these days political campaigns will be spending all too much time debunking their own alleged statements.

Dan Gillmor's column appears each Sunday, Wednesday and Saturday. Visit Dan's online column, eJournal at <http://weblog.siliconvalley.com/column/dangillmor/>http://weblog.siliconvalley.com/columns/dangillmor/. E-mail Dan at <mailto:dgillmor () mercurynews com>dgillmor () mercurynews com
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