http://www.FairfaxCountyPrivacyCouncil.org
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FCPC ALERT #2004-6…**URGENT FEDERAL & VA LEGISLATION ALERT**
FAIRFAX COUNTY PRIVACY COUNCIL
Originally Published on
20 October 2004
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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:
1.  URGENT:  National ID Card bill almost stalled in conference…Let’s Roll!
2.  URGENT:  Federal "SECURE FLIGHT" program to grab air passenger data
3.  URGENT:  Virginia biometric driver’s license with ID chips?
4.  DOD ID SSN privacy success story
5.  Privacy Quote:  "Sept. 11, 2001…cannot be the day liberty perished in this country"

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1.  URGENT:  National ID Card bill almost stalled in conference…Let’s Roll!
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##URGENT:  The Congressional conference committee is meeting this week so take action at  http://www.downsizedc.org/index.shtml ASAP and pass this action item to your friends and family across the US.##

FCPC Charter Member Mark Anderson reports that after firing off a letter against HR 10 after receiving FCPC Alert #2004-5’s action link re: HR 10, he soon received a response from Representative Tom Davis (R-Fairfax County) advising that “As chairman of the House Government Reform Committee, I was actively involved in drafting portions of H.R. 10.  Among these provisions was the establishment of new federal standards for identification cards and birth certificates.  We need to have confidence that when someone shows a state driver’s license to board a plane…”

Davis seems to miss the fact that Congress has never passed any law, nor has the President published any regulation, requiring anyone to have any ID at all to board an airline on a domestic flight.  It is exactly this sort of “mission creep” that turns driver’s licenses into domestic passports and allows arm-chair security experts to cook up more fast food security schemes.

BUT, we are winning - HR 10 and a related Senate bill now appear stalled in conference committee thanks to opposition from the American Civil Liberty Union (“ACLU”), Gun owners of America (“GOA”), other civil liberties groups, and individuals like FCPC members.

But more pressure is needed - please consider sending one more shotgun blast against the National ID Card Database proposals still breathing in our nation's capitol!
Take Action:  http://www.downsizedc.org/index.shtml is ready to fire with your help!
And if anyone also has time to call the conferees [ESPECIALLY IF YOU LIVE IN If California, Connecticut, Florida, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, Ohio, West Virginia, Wisconsin], please do call them...ALL! Talking points: "I think the USAPATRIOT ACT already went too far. I want the national ID database provisions and the employment screening powers for the Attorney General, stripped out of HR 10 and the other related bills now pending in conference committee."
HERE'S THE LIST
Senate Conferees:
Susan Collins, R-Maine (202) 224-2523 (Sponsor)
George Voinovich, R-OH (202) 224-3353 (Co-sponsor)
Norm Coleman, R-MN (202) 224-5641 (Co-sponsor)
John Sununu, R-NH (202) 224-2841
Pat Roberts, R-KS (202) 224-4774
Mike DeWine, R-OH (202) 224-2315
Trent Lott, R-MS (202) 224-6253
Joe Lieberman, D-CT (202) 224-4041 (Co-sponsor)
Carl Levin, D-MI (202) 224-6221
Richard Durbin, D-IL (202) 224-2152 (Co-sponsor)
Jay Rockefeller, D-WV (202) 224-6472 (Co-sponsor)
Bob Graham, D-FL (202) 224-3041
Frank Lautenberg, D-NJ (202) 224-3224

House Conferees:
Peter Hoekstra, R-Mich. (202) 225-4401 (Co-sponsor)
Henry Hyde, R-Ill. (202) 225-4561 (Co-sponsor)
David Dreier, R-Calif. (202) 225-2305 (Co-sponsor)
Duncan Hunter, R-Calif. (202) 225-5672 (Co-sponsor)
James Sensenbrenner, R-Wis.(202) 225-5101 (Co-sponsor)
Jane Harman, D-Calif. (202) 225 8220
Ike Skelton, D-Mo. (202) 225-2876
Robert Menendez, D-N.J. (202) 225-7919

Here is one man's "script" for these sorts of calls:
"Hi, I'm a registered voter from Ohio, and I was hoping you could take a _brief_ message for Senator Voinovich." {Pause}
"In response to the 9-11 Commission Recommendations, the House just passed HR 10. The Senate has passed their version of this bill, S.2845. I understand that the Senator is on the Conference Committee for that bill, and I'm calling to urge him to stand firm against including provisions from the House bill. I'm especially concerned about the national ID database provisions and the employment screening powers for the Attorney General."
"My name is Jim Babka - spelled B-A-B-K-A. I live in {insert city}, OH. Can I leave my phone number please?" {Pause}
I didn't even have to give them my phone number. They had caller ID. So I thanked the lady who answered and said, "Goodbye." I was on the phone less than a minute. It was that easy.

You can choose your own words. In fact, it is better if you do. But keep it very short - two to four sentences. And be very pleasant.
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2.  URGENT:  Federal "SECURE FLIGHT" program to grab air passenger data
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##URGENT:  Comments to the TSA and Congress are due by next week Monday, 25 October 2004.  Please take action at http://www.unsecureflight.com  and pass this action item to your friends and family across the US.##

The Department of Homeland Security (“DHS”) has issued an order to US airline to turn over all passenger data regarding any American who flew on an airline in June 2004. This is happening without a court order or warrant, nor any privacy act warning.  Did you know that no one within the TSA has even been punished for the earlier, secret privacy invasions?  The Electronic Privacy Information Council (“EPIC,” www.epic.org) is trying to find out what the heck the federal government thinks its doing (see "Public interest group challenges FBI over terrorist screening," National Journal's Technology Daily, by Sarah Lai Stirland, October 18, 2004, http://www.govexec.com/dailyfed/1004/101804tdpm1.htm).  But civil libertarian Bill Scannell thinks he knows, writing that, “CAPPS II may be dead, but its evil step brother 'Secure Flight' will live if we don't complain loudly enough. If something isn't done soon, the passenger records of over 54 million Americans will be handed over to the TSA by the airlines.  Learn more and take action at: http://www.unsecureflight.com.

By the way, did you know that “Ben H. Bell III, the former intelligence official and main visionary behind the scrapped CAPPS air passenger screening system, has gone offshore to form the Bahamas based ‘Global Information Group’ where, outside the reach of US regulators, he intends to use the concept and technology behind CAPPS to conduct employee and other research for corporations [i.e., spy on Americans for profit from his off shore tax haven and legal sanctuary],” (see “‘King’ Of CAPPS II Heads For The Bahamas, Privacy Times, 20 October 2004, p. 11, and  “Bahamas Firm Screens Personal Data To Assess Risk:  Operation Avoids U.S. Privacy Rules,” The Washington Post, by Robert O'Harrow Jr., 16 October 2004, p. A01, http://www.washingtonpost.com/wp-dyn/articles/A36853-2004Oct15.html).

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3.  URGENTVirginia biometric driver’s license with ID chips?
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##URGENT:  These Orwellian concepts are ready to be turned into bills in the General Assembly this year.  Please take action by emailing Del. Kathy J. Byron (R-Lynchburg), (see below) and pass this action item to your friends and family across Virginia.##

A special commission of the Virginia General Assembly is meeting to study mandating drastic changes to Virginia driver’s licenses.  Imagine having to carry with you a radio Frequency ID chip everywhere you go, and having to submit to fingerprinting, retinal scans, or blood draws just to get a driver’s license?  The Charlottesville Daily Progress points out the obvious tension that “improved public security may come at the price of reduced personal security and individual liberty” (see “Liberty or security?,” The Daily Progress, October 10, 2004, http://www.dailyprogress.com/servlet/Satellite?pagename=CDP%2FMGArticle%2FCDP_BasicArticle&c=MGArticle&cid=1031778464367&path=!news!opinion.

“Richard Carter, technology director for the national association that represents motor vehicle department administrators and traffic police, said that group was not ready to recommend smart identification cards.  A traditional license costs about $1.50 to make, Carter said, but smart ones can cost as much as $10. In addition, equipment that costs $20 to $150 would have to be installed in every police car, DMV office and government building to scan and read the cards, he said” see “Va. Panel Contemplates 'Smart' Driver's Licenses,” The Washington Post, by Michael D. Shear, 7 October 2004, p. B03, http://www.washingtonpost.com/wp-dyn/articles/A13060-2004Oct6.html?sub=AR.

Chris Calabrese, counsel for the American Civil Liberties Union's Technology and Liberty Program testified that the scheme treads on very dangerous ground, and could expose the public to more harm than good, allowing  others “…to secretly and electronically pickpocket your information right through a wallet, pocket, backpack or purse” (see testimony at http://www.politechbot.com/2004/10/18/aclu-testimony-before).

Still, Delegate Byron, chairman of the joint subcommittee reviewing "smart" driver's licenses, said she believes Virginia must employ "smart" driver's licenses.

FCPC is not so sure this is so smart.  What problem needs to be fixed?  VA already mandates that everyone be digitally photographed (a biometric) even though 14 states and many countries belonging to the UN Convention on driving do not require drivers to submit to photographic intrusion to drive in Virginia.

Let’s take action on this before it gets out of hand by emailing Delegate Byron at Del_Byron@house.state.va.us  to express some thoughts.  Sample message follows:

Dear Delegate Byron:

Just exactly what problem are you trying to fix by enacting a “Smart Card” program for Virginia driver’s licenses?  The Virginia DMV already demands SSNs, multiple forms of identification, proof of legal presence, and mandatory photographs of drivers.  I don’t want to carry a smart driver’s license that could put me or my family at risk, or require me to carry more information of any type than what I must already disclose to the police in a traffic stop already.

I do NOT want any bill to be introduced in the General Assembly to move your Smart Card scheme forward.  How about a little privacy for a change?

Please forward this email to all the members of your commission and let me know how you are going to proceed.

Sincerely,

YOUR NAME
YOUR ADDRESS

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4.  DOD ID SSN privacy success story
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After a few weeks in a standoff, FCPC Charter Member Andrea Gatica reports that she prevailed over the Department of Defense ("DOD") bureaucrats here in the Washington, DC area who refused to renew her DOD ID Card unless she disclosed her Social Security Number.  Andrea has never disclosed her SSN, if any, to the DOD in the past, despite being a military family member for years.  It seems that the recent “papers in order” mentality now sweeping America has resulted in a “zero tolerance” attitude against persons defending their privacy rights.  But Andrea would not back down, pointing out that there is no federal authority requiring military family members to disclose their SSN, if any, to get a DOD ID Card.  When a military Inspector General pointed to federal authority in the Defense Authorization Act of 1997 to potentially deny Andrea access to “on post non emergency medical care” if she did not disclose her SSN, Andrea noted that she would still get the ID Card and that the Act does not require persons to obtain assignment of an SSN, so disclosure requirements would only apply to persons already possessing an SSN.  She also noted that, like most military family members these days, she obtains medical care “off,” not on post; furthermore, DOD regulations specifically advise DOD ID Card facilities to issue ID Cards to non-US citizens without SSN disclosure.  Soon thereafter, Andrea was told to "please come down and renew your DOD ID Card."

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5.  Privacy quote:  "Sept. 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country."
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--Judge Gerald Tjoflat, writing for a unanimous 11th federal Circuit Court of Appeals panel striking down the use of metal detectors to "screen" demonstrators in public areas on 15 October 2004 in Bourgeouis  v. Peters, Dozier, and the City of Columbus, GA (see opinion at http://caselaw.lp.findlaw.com/data2/circs/11th/0216886p.pdf; see also “Screening of Protesters Unconstitutional, Court Rules,” The Associated Press, by C.G. Wallace, 17 October 2004, p. A13, http://www.washingtonpost.com/wp-dyn/articles/A38747-2004Oct16.html; and “Court rejects searches at SOA Watch,” The Ledger-Inquirer, by Pat Gillespie, 17 October 2004, http://www.ledger-enquirer.com/mld/ledgerenquirer/news/9939401.htm.

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Questions, or to be added/deleted from future Alerts?  Contact Mike Stollenwerk atFCPCChairman@cox.net.