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FC: Congressional Privacy Caucus launches -- pro and con views


From: Declan McCullagh <declan () well com>
Date: Fri, 11 Feb 2000 10:49:59 -0500

***********

From: Kent Lassman <KLassman () CSE org>
To: "'declan () well com'" <declan () well com>
Subject: CPC.
Date: Thu, 10 Feb 2000 17:58:27 -0500

What's up with the Congressional Privacy Caucus?  It seems that when
Democrats like Tom Daschle, Paul Sarbanes, and Barbara Boxer team up on an
issue the very essence of individual liberty is not on the tips of their
tounges.  While I'm glad to see the Hill take an interest in the issue and
its role in a healthy and functioning market economy, I'm ready to wager
that the first of their proposals will be pro-regulatory.  Note to self, Bob
Torricelli says that his new legislation is not pro-regulatory...it only
would clog up the civil justice system with even more crank lawsuits.

***********

If the Congressional Privacy Caucus actually did anything, it could be a very dangerous group. It's primarily a collection of folks not known for their commitment to individual liberty.

It is not focused on government invasions of privacy, and is instead intended to lobby for severe restrictions on businesses' use of information. The goals are worthwhile, but the means are not. Regulations they demand would require businesses to open their books -- "an individual must have access to personably identifiable information held by a private company" -- to anyone in a way that begs for application of the law of unintended consequences.

It also might give folks a false sense of security. Some of the principles that ostensibly apply to government agencies -- "individuals must be informed in a clear and conspicuous manner when... governmental agencies plan to collect... personally identifiable information" -- clearly won't. The NSA is not likely to request permission when conducting Echelonesque surveillance, and the FBI is not known for asking nicely before wiretapping you.

Background:
http://www.senate.gov/~shelby/press/prsrs314.htm
http://www.senate.gov/~shelby/press/prsrs315.htm
http://daschle.senate.gov/releases/00/02/2000209705.html
http://torricelli.senate.gov/Live_NEWS.htm
http://thomas.loc.gov/cgi-bin/bdquery/z?d106:s.00809:
Markey background:
http://www.house.gov/markey/cp_telecommunications.htm
http://www.house.gov/markey/cp_health.htm
http://www.house.gov/markey/cp_finance.htm

-Declan

************

From National Journal's Tech Daily Thursday:
"When everyone from Joe Barton to Ed Markey calls
for greater privacy, it is not a question of if, but a question of how and
when," Barton said, comparing his conservative record with
Markey's more liberal one.
Barton said one of the reasons he joined the group
was that it had the support of House Republican leaders. "That way it is
hard to
say that this is a Democratic issue," he said.
Meanwhile, the dozen Senate Democrats who met during
the task force's first meeting have taken a different approach. The group
is hoping to build consensus among Democrats on privacy
and promote Democratic initiatives, according to a source who attended
the meeting.
Democratic senators who attended the closed-door
meeting included Minority Leader Tom Daschle of South Dakota, Paul
Sarbanes of Maryland, Barbara Boxer of California,
Christopher Dodd of Connecticut, Ron Wyden of Oregon, Robert
Torricelli of New Jersey, and Richard Durbin of Illinois.

************

Date: Thu, 10 Feb 2000 22:23:41 -0800
From: Lizard <lizard () mrlizard com>
Subject: Re: FCF's Dean Lauds Congressional Privacy Caucus

Can anyone tell me, precisely, why it is so very scary to imagine that
somewhere in a corporate database is a notation that you like to buy Coca
Cola? Corporations don't scare me -- they want me to be alive, free, and
earning money so that I can buy their products. Corpses and prisoners make
lousy consumers.

I'm just curious as to the source of this fear of corporate 'spying', at
least as regards public habits like what you buy. If they were tracking
union membership or the like, I'd be more scared -- that's information that
they could use to wreck your life. But who gives a smeg if they know what
soda you drink or your favorite brand of shampoo? The WORST that will
happen is you'll end up on some mailing lists. The best? You'll get a
coupon and save 50 cents.

Can anyone who finds the concept of corporate databases keeping them awake
nights explain to me precisely WHY this bothers them? Obviously, it IS a
major concern for a lot of people -- but, as with genetic engineering or
nuclear power, I cannot understand the CAUSE of the fear. I need to know.

************


From: "Trei, Peter" <ptrei () rsasecurity com>
Subject: RE: FCF's Dean Lauds Congressional Privacy Caucus
Date: Fri, 11 Feb 2000 10:34:49 -0500

I'm sure that a lot of people are going to respond,
but since when has that ever stopped me? :-)

Peter


> ----------
> From:         Lizard[SMTP:lizard () mrlizard com]
>
> Can anyone tell me, precisely, why it is so very scary to imagine that
> somewhere in a corporate database is a notation that you like to buy Coca
> Cola? Corporations don't scare me -- they want me to be alive, free, and
> earning money so that I can buy their products. Corpses and prisoners make
> lousy consumers.
>
> I'm just curious as to the source of this fear of corporate 'spying', at
> least as regards public habits like what you buy. If they were tracking
> union membership or the like, I'd be more scared -- that's information
> that
> they could use to wreck your life. But who gives a smeg if they know what
> soda you drink or your favorite brand of shampoo? The WORST that will
> happen is you'll end up on some mailing lists. The best? You'll get a
> coupon and save 50 cents.
>
> Can anyone who finds the concept of corporate databases keeping them awake
> nights explain to me precisely WHY this bothers them? Obviously, it IS a
> major concern for a lot of people -- but, as with genetic engineering or
> nuclear power, I cannot understand the CAUSE of the fear. I need to know.
>
>
Consider, Mr(?). "Lizard": Why exactly are you posting under
what appears to be a nym? Could it be that there are people
or organizations who you do not want to know your taste in
mailing lists?

If you're an employee of PepsiCo, you might very well want to
conceal your personal preference for Coke.

This is really an issue that relates to the value of privacy
and anonymity in general. Your question is closely related
to the old "If you have nothing to hide, why would you object
to being watched?"

The thing is, you, I, and many people engage in activities
which, while we think they are OK, we'd rather not have to
justify at every turn. For example: many people rent adult
videos: how would you feel if your taste in movies was exposed
on a webpage for your colleagues at work, your mom, and your
girlfriend to see?

You can imagine all sorts of bad scenarios if your every action
was recorded and subject to public scrutiny.

"Your Honor: My husband's a drunk: These supermarket loyalty
card records show that he drinks 2 sixpacks of beer a week!
I want a divorce, the house, the cars, and half his income.
(this actually happened in San Francisco a while back).

"I'm sorry Miss ... your purchase records from RiteAid show that
though single, you purchase condoms every month. Our firm
does not hire fornicators."

"John, we're firing you for non-performance; your outstanding
record up to this point must have been an error. Oh, by the
way: we all hope you stay healthy: our self-insurance office
has just reported that you've started purchasing anti-viral
drugs for HIV."

I myself have been surprised at job interviews when some of
my leisure time activities have been raised by the
interviewer (purely out of curiosity - not as a hiring issue.
At least, so far)

Peter Trei
ptrei () rsasecurity com

************

FCF's Dean Lauds Congressional Privacy Caucus

Privacy: 'single most important issue facing American citizens'

WASHINGTON, DC - Today the Free Congress Foundation lauded the formation of
the bipartisan, bicameral Congressional Privacy Caucus.

"We laud the tenacity of Sens. Shelby and Bryan and Reps. Markey and Barton
for being among the first in Congress to take the initiative on the single
most important issue facing American citizens going into the next century,"
said Free Congress Foundation's Vice President for Technology Policy Lisa S.
Dean.  "It is critical that we establish laws and regulations regarding
individual privacy while the technology designed to protect it is still in
its infancy."

"We must rely on Congress - and not the courts or federal agencies - to
decide what our rights are in the information age.  And I am delighted to
see these members take this initiative by lending their voices to those of
Rep. Bob Barr, who has long been warning the public about the erosion of
their privacy through regulation and legislation," said Dean.

"This is a great today for all Americans," said Free Congress Foundation
spokesman Robert McFarland.  "The formation of this caucus will bring
privacy concerns to the forefront and serve to move the debate in the
direction of protecting Americans' private information.  Now more than ever
we need legislation protecting our privacy from Big Brother and his Little
Brother in corporate America."

On August 16, 1999 The Washington Times reported the following on the state
of medical privacy:

"Executives at more than a third of the Fortune 500 companies scan their
employees' medical files before making hiring, firing and promotion
decisions. An untold number of smaller businesses with self-insured medical
plans do that as well.  Life insurers increasingly obtain data on clients'
genetic backgrounds and use the information to drop coverage or reject
applicants who might contract an illness others in their family have had.
Health maintenance organizations gather data that allow them to recruit only
the healthiest clients -- a tactic known as "cherry-picking."  Internet
information brokers sell for about $400 an individual's complete medical
file to any interested person with a computer and cash, including lawyers,
detectives, political and business foes or vindictive neighbors.
Drug-company marketers buy patient lists from pharmacies for about 30 cents
apiece, then make direct-mail drug pitches to heart patients, diabetics,
arthritis suffers and others."

###

The Free Congress Foundation is a 21-year-old Washington based think tank,
which teaches people how to be effective in the political process, advocates
judicial reform, promotes cultural conservatism, and works against the
government encroachment of individual liberties.

Visit Our Website at http://www.FreeCongress.org

This publication is a service of the Free Congress Research and Education
Foundation, Inc. (FCF) and does not necessarily reflect the views of the
Free Congress Foundation nor is it an attempt to aid or hinder the passage
of any bill.

Free Congress Foundation, 717 Second Street NE,  Washington, DC  20002
202.546.3000 x450  Fax: 202.544.2819  Project Manager: Angela Wheeler

Copyright * 2000  Free Congress Foundation - All Rights Reserved.



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