http://www.FairfaxCountyPrivacyCouncil.org

FCPC ALERT #2004-3
FAIRFAX COUNTY PRIVACY COUNCIL
Originally Published on 28 February 2004

Greetings! This message is intended for members of the Fairfax County Privacy Council, and anyone else who might be interested in advancing privacy in Virginia.  Maximum dissemination of this message is encouraged!

Privacy Notice: All communication from the Fairfax Privacy Council is sent using blind carbon copy ("BCC") format for your security and privacy.


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

ALERT ITEM SUMMARY:
***URGENT ACTION ITEM:  Proposed VA Law (SB521) to Establish National ID Requirements in Virginia!
***Video of US Citizen Arrested for Failing to Have Papers in Order
***FCPC Launches Virginia Privacy Unfriendly Business Web Link
***While New York and West Virginia Burn Midnight Oil to Guard Privacy, Virginia Fiddles
***Senator Accuses Homeland Security Department of “Cover-up" in Airline Privacy Scandal
***Privacy Quote 

1.  URGENT ACTION ITEM:  Proposed VA Law (SB521) to Establish National ID Requirements in Virginia!

SB521 (see http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+SB521S1) is now sitting in the House of Delegates Committee on General Laws to be acted on this Tuesday, 2 March 2004.  SB521 would establish strict "legal presence testing" standards across Virginia.  "Legal presence" testing is what the General Assembly started last year at the DMV - this is why the DMV line are longer now, and why many immigrants probably now drive in Virginia without car insurance.

SB521 seeks to make every government agency apply the DMV's legal presence document list under penalty of criminal law.  But the DMV document list is grossly incomplete for this purpose.  For example, SB521 appears to make it a CRIME for a military soldier's legally present spouse or child to present a military ID card to any state or local agency, such as when taking a child to an emergency room for medical care, or when applying for instate tuition at a state college.  You see, military family member ID Card is not on the DMV list to document "legal presence," despite the fact that this ID Card permits entry onto any US military base.

But read the bill yourself - some folks may be consoled by the fact that the SB521 exempts US citizens from legal presence testing…for now.  Besides taking note that this exemption violates the US Constitution's "equal protection clause," FCPC recommends every one see this alert's privacy quote ("First they came for the Communists, and I didn't speak up…").

But it's not to late to stop this bill – Take Action!  Call or email by today, (Monday, 1 March 2004) to oppose SB521 because it seeks to impose an unfair National ID standard in Virginia and seems to criminalize the innocent presentation of Military ID Cards in Virginia. [**Indicates delegate represents Fairfax County**]

Reid, John S. - (804) 698-1072 - Del_Reid@house.state.va.us
Drake, Thelma - (804) 698-1087 - Del_Drake@house.state.va.us
Cox, M. Kirkland - (804) 698-1066 - Del_Cox@house.state.va.us
**Albo, David B. - (804) 698-1042 - Del_Albo@house.state.va.us**
Jones, S. Chris - (804) 698-1076 - Del_CJones@house.state.va.us
McQuigg, Michèle B. - (804) 698-1051 - Del_McQuigg@house.state.va.us
Suit, Terrie L. - (804) 698-1081 - Del_Suit@house.state.va.us
Rapp, Melanie L. - (804) 698-1096 - Del_Rapp@house.state.va.us
Wright, Thomas C., Jr. - (804) 698-1061 - Del_Wright@house.state.va.us
Oder, G. Glenn - (804) 698-1094 - Del_Oder@house.state.va.us
Saxman, Christopher B. - (804) 698-1020 - Del_Saxman@house.state.va.us
Marshall, Daniel W., III - (804) 698-1014 - Del_DMarshall@house.state.va.us
McDougle, Ryan T. - (804) 698-1097 - Del_McDougle@house.state.va.us
Gear, Thomas D. - (804) 698-1091 - Del_Gear@house.state.va.us
Phillips, Clarence E. - (804) 698-1002 - Del_Phillips@house.state.va.us
Armstrong, Ward L. - (804) 698-1010 - Del_Armstrong@house.state.va.us
Barlow, William K. - (804) 698-1064 - Del_Barlow@house.state.va.us
**Hull, Robert D. - (804) 698-1038 - Del_Hull@house.state.va.us**
Ward, Jeion A. - (804) 698-1092 - Del_Ward@house.state.va.us
Howell, Algie T., Jr. - (804) 698-1090 - Del_AHowell@house.state.va.us
BaCote, Mamye E. - (804) 698-1095 - Del_BaCote@house.state.va.us
Abbitt, Watkins M., Jr. - (804) 698-1059 - Del_Abbitt@house.state.va.us

NOTE:  To verify who is "your" delegate, go to http://legis.state.va.us and click on "Who's my legislator."

2.  Video of US Citizen Arrested for Failing to Have Papers in Order:  Under an Arizona state law substantially similar to SB521 (see above discussion), US citizen and cattle rancher Larry Hiibel was arrested for failing to have his identity papers in order while standing on the side of a road.  See the chilling police video at http://www.papersplease.org/hiibel/video.html (Windows Media download works well).  The screaming you hear is Mr. Hiibel's US citizen daughter being pushed to the ground and handcuffed by the police.  The case of Hiibel v. The Sixth Judicial District Court of the State of Nevada is now before the Supreme Court (see "Fighting for Right Not to Show ID," Wired,  Ryan Singel, 27 February 2004,  http://www.wired.com/news/privacy/0,1848,62438,00.html?tw=wn_tophead_1).

3.  FCPC Launches Virginia Privacy Unfriendly Business Web Links:  Click on links to Verizon and the Williamsburg Radisson Inn off the FCPC Home Page at http://www.FairfaxCountyPrivacyCouncil.org.  To report more privacy unfriendly business, send the details to Chairman@FairfaxCountyPrivacyCouncil.org.

4.  While New York and West Virginia Burn Midnight Oil to Guard Privacy, Virginia Fiddles:  New York courts are moving to redact or seal court records containing sensitive or confidential personal information such as "…Social Security numbers, financial account numbers, names of minor children and birth dates. Case records from Family Court, matrimonial matters and sealed case files will remain confidential (see "NY court records posted online, Newsday.com, by James T. Madore, 26 February, 2004, http://www.newsday.com/business/ny-bzcour263686361feb26,0,5327813.story?coll=ny-business-headlines).

And under pressure from it's Governor (Bob Wise), West Virginia is moving to require redaction of sensitive and confidential personal information before public records can be created. "The bills would exempt from the state Freedom of Information Act an array of personal information, including home addresses, Social Security and driver's license numbers, maiden names and such financial information as debit and credit card numbers…About 27.3 million U.S. consumers reported that someone misused their Social Security numbers or other personal information to commit fraud, at a cost of some $5 billion, in the last five years, according to a Federal Trade Commission survey. Last year, 42 percent of the 516,714 complaints filed with the FTC involved identity theft. About 8 percent involved misuse of government documents or benefits, the FTC reported"  (see "House Limits Freedom of Information Act in the Name of Privacy Protection," Associated Press, http://www.oweb.com/state/story/01282004_sta02.asp.

But Virginia this year has essentially gone backwards on securing confidential and sensitive personal information being entered into public records.  Not only has no real action been taken to reduce the amount of sensitive information being created in public records, under SB241, it appears that the General Assembly will REQUIRE all clerks of court to post public records about you that may include your social security number, date of birth, childrens' names, etc., onto the Internet:  "It is the intent of the General Assembly that all circuit court clerks provide secure remote access to land records on or before July 1, 2006 (see http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+SB241S1).

If you have some time, read this code section carefully at paragraph D.1., and note the phony privacy standards at the beginning which are then nullified by the following "pay per view" exemption for anyone to pay a small fee for unlimited access from home to public records!

5.  Senator Accuses Homeland Security Department of Cover-up in Airline Privacy Scandal:  "Maine Republican and committee ranking member Joseph Lieberman, D-Conn., pressed the department on the discovery that JetBlue had transferred passenger data to the Defense Department after receiving approval of Transportation Security Administration (TSA), but department officials had denied it. On Friday, the Homeland Security privacy officer released a report acknowledging that TSA was involved, but had not violated any laws" (see "Senator demands action on TSA data-sharing flap," National Journal's Technology Daily, by William New, http://www.govexec.com/dailyfed/0204/022304tdpm1.htm).  Hmm, sounds like the TSA's CAPPS II is loosing friends fast.

6.  Privacy Quote:  "First they came for the Communists,
  and I didn't speak up,
    because I wasn't a Communist.
Then they came for the Jews,
  and I didn't speak up,
    because I wasn't a Jew.
Then they came for the Catholics,
  and I didn't speak up,
    because I was a Protestant.
Then they came for me,
  and by that time there was no one
    left to speak up for me."

-Rev. Martin Niemoller, 1945 (World War I German U-Boat Captain turned Nazi Protester; arrested on Hitler's orders, he was held at the Sachsenhausen and Dachau concentration camps; near the end of the war, he narrowly escaped execution; in 1961, he was elected as one of the six presidents of the World Council of Churches, the ecumenical body of the Protestant faiths)


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

Questions, or to be added/deleted from future Alerts?  Contact Mike Stollenwerk at Chairman@FairfaxCountyPrivacyCouncil.org.