EFFector 17.11: EFF Opposes RFIDs in Passports

[Dave Farber <dave () farber net>]

rom: Effector List <alerts () action eff org>

EFFector    Vol. 17, No. 11    March 31, 2004          donna () eff org

A Publication of the Electronic Frontier Foundation  ISSN 1062-9424
In the 283rd Issue of EFFector:

  * EFF Opposes Radio Tracking Technology, Biometrics in Passports
  * Let the Sun Set on PATRIOT - Sections 201 and 805
  * EFF's Deep Links - The Weblog
  * MiniLinks (16): Canada's Copyright Revolution: As Good As It Gets
  * Staff Calendar: 04.06.04 - Fred von Lohmann speaks at Columbia
    University Law School, New York, NY
  * Administrivia

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  <http://www.eff.org/>

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  <https://secure.eff.org/>

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EFF Opposes Radio Tracking Technology, Biometrics in Passports

EFF joined Privacy International, the ACLU and other civil liberties
organizations from all around the world this week in opposing a
plan to embed radio frequency identification tags (RFIDs) in
passports.  The new passport standard, developed on behalf of
world governments by the International Civil Aviation Organization
(ICAO), would also include "biometric identifiers" such as
facial maps, and, potentially, fingerprints.

Supported by the U.S and E.U. governments, the standard would
ultimately create an electronic ID system on hundreds of millions
of travelers.  Despite serious implications for privacy and
personal security, the ICAO process is occurring without public
engagement or debate.

"In January 2004, when the U.S. began fingerprinting and face-
scanning foreign visitors and storing this data for over 50
years under the US-VISIT program, many countries responded with
alarm," said Dr. Gus Hosein, a senior fellow with Privacy
International.  "With the biometric passport, however, every
country may have its own surveillance system, accumulating
fingerprints and face-scans and keeping them for as long as
they wish with no regard to privacy or civil liberties."

EFF signed an open letter asking the ICAO to reject the new
standard unless or until the organization:

  * Follows through on earlier promises to review the privacy
    implications of biometrics and trans-border personal
    information transfers;
  * Releases clear and binding privacy requirements that will
    reduce the risks of illegal collection, use, retention and
    transfers of this information;
  * Upholds national data protection laws or cultural practices,
    as previously promised;
  * Prevents, by design or biometric selection, the development
    of biometric databases; and
  * Evaluates fully the standard's privacy and surveillance
    implications, as well as explores alternatives with less
    potential for privacy invasion or other abuse by
    surveillance agencies.

Open letter to the ICAO:
<http://www.eff.org/cgi/tiny?urlID=163>
(Privacy International; PDF)

Privacy International media release:
<http://www.eff.org/cgi/tiny?urlID=162>
(Privacy International)

More information about RFIDs:
<http://www.eff.org/Privacy/Surveillance/RFID/>

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* Let the Sun Set on PATRIOT - Sections 201 and 805: "Authority
to Intercept Wire, Oral and Electronic Communications Relating
to Terrorism" and "Material Support for Terrorism"

Apologists justified the broad, civil-liberties corroding powers
granted to the government under the USA PATRIOT Act by arguing
that they would be used to put terrorists behind bars.  Yet
several provisions can be used against Americans in a wide
range of investigations that have nothing to do with terrorism.
Others are too vague, jeopardizing legitimate activities protected
under the First Amendment.  Worse, the Department of Justice
has worked to expand and/or make permanent a number of these
provisions - despite the fact that they were sold to the
public as "temporary" measures and are scheduled to expire,
or "sunset," in December of 2005.

Each week, we profile one of the 13 "sunsetting" provisions,
explaining in plain language what's wrong with the provision
and why Congress should allow it to expire.  This week we look
at Section 201.  This provision, in combination with Section
805 (which does not sunset), makes it so the FBI can get a
wiretap to listen in on your private conversations based
on your association with an organization classified by the
U.S. government as "terrorist" - whether or not the organization
engages in legitimate political advocacy or humanitarian work.
An example of such an organization is the anti-apartheid
African National Congress, which was designated a "terrorist"
organization before apartheid was defeated.

This profile is a special case: EFF objects to Section 201 only
to the extent that it authorizes wiretapping to investigate
violations of Section 805.  We don't necessarily oppose the
renewal of Section 201 - as long as Section 805 is repealed.

~ How PATRIOT Sections 201 and 805 Changed the Law

The FBI can wiretap your phone, or "bug" your house or office,
only when investigating the most serious crimes.  PATRIOT 201
made a number of additions to the list of crimes that can
justify such police surveillance, including one brand new crime
created by PATRIOT Section 805: providing "material support"
to terrorist organizations in the form of "expert advice or
assistance."  This section, which does not sunset, could
criminalize a broad range of speech protected by the First
Amendment.

~ Why Section 805 Should Be Repealed

Section 805 makes it a crime to offer "expert advice and
assistance" to any foreign organization that the Secretary of
State has designated as "terrorist."  But, as we note above,
many of these "terrorist" organizations also advocate for,
and provide humanitarian assistance to, their constituents.
Yet PATRIOT makes it illegal to offer expert advice and
assistance even for these legal, non-terrorist activities.

A humanitarian social worker training Hamas members how to
care for civilian children orphaned in the conflict between
Israelis and Palestinians could be sent to prison.  So
could a lawyer teaching IRA members about international law.
Section 805 even extends to people engaged in activities to
*discourage* terrorism, such as those offering training in
effective peace negotiations or how to petition the United
Nations regarding human rights abuses.

One federal court has already ruled that PATRIOT Section 805
is unconstitutional, since the vague terms "expert advice and
assistance" could criminalize the First Amendment-protected
activities described above.  Yet the law is still in force
throughout most of the U.S.

~ Conclusion

EFF supports the repeal of Section 805, which could
unconstitutionally criminalize the exercise of your First
Amendment rights.  We also support the Security and Freedom
Ensured Act (SAFE Act, S 1709/HR 3352) and encourage you to
visit EFF's Action Center today to let your representatives
know you support the bill:
<http://action.eff.org/action/index.asp?step=2&item=2866>

~ Next Week

We'll look at Sections 202 and 217, which strengthened the
FBI's ability to investigate computer crimes wholly unrelated
to terrorism.

For this analysis:
<http://www.eff.org/Privacy/Surveillance/Terrorism/PATRIOT/sunset/201>

Previously profiled sections:
<http://www.eff.org/Privacy/Surveillance/Terrorism/PATRIOT/sunset/> 

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