http://www.FairfaxCountyPrivacyCouncil.org

FCPC ALERT #2004-4
FAIRFAX
COUNTY PRIVACY COUNCIL
Originally Published on 7 May 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.


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ALERT ITEM SUMMARY:
***Fairfax County Bill of Rights Coalition Seeks County Resolution Against PATRIOT Act
***Virginia DMV Legal Presence Scheme Causing Problems for US Citizens
***Virginia General Assembly Phasing Out Red Light Camera Surveillance
***Amy Boyer "SSN for Murder" Case Settles
***ID Theft on USS George Washington
***Preston Resident Forces Library to Back Down on SSNs
***Congress Considers "PATRIOT Act II" with new Death Penalties
***ACLU Files Lawsuit against alleged "No Fly" List
***ID Follies - The US "Trusted Traveler Program"
***Consumers Union Takes on Insurance Company Abuse of SSNs
***Feds Tell Courts that Medical Privacy Does Not Exist
***Upcoming FCPC Meeting
***Privacy Quotes


1.  Fairfax County Bill of Rights Coalition Seeks County Resolution Against PATRIOT Act:  Based in Reston, VA, the Fairfax County Bill of Rights Coalition (https://home.comcast.net/~fairfaxfree) is seeking a resolution "affirming the civil liberties of its citizens" from the Fairfax County Board of Supervisors that would also call for reform of the federal PATRIOT Act.  If passed, such a resolution would join similar resolutions passed by 4 states and 305 localities, including
Alexandria, Richmond, Charlottesville, and Arlington (see http://www.bordc.org/OtherLocalEfforts.htm).

The
Fairfax County based Gun Owners of America ("GOA," http://www.gunowners.org) has joined this campaign in an urgent alert to its members in Fairfax County to ask their Supervisors to pass this resolution.

This resolution may be considered as early as this coming
Monday, 10 May 2004.  If you wish to Take Action, do so immediately by using one of the automated contact tools at https://home.comcast.net/~fairfaxfree/BORC-PAGESsupe.html to contact your district Supervisor and Chairman Connolly, or perhaps just quickly email the whole board (chairman@fairfaxcounty.gov, braddock@fairfaxcounty.gov, hntrmill@fairfaxcounty.gov, dranesville@fairfaxcounty.gov, leedist@fairfaxcounty.gov, mason@fairfaxcounty.gov, mtvernon@fairfaxcounty.gov, provdist@fairfaxcounty.gov, springfield@fairfaxcounty.gov, sully@co.fairfax.va.us) with the GOA suggested message as modified by you:

Dear Supervisor:

I urge you to reaffirm your support for the civil liberties of the
residents of Fairfax County by adopting a resolution opposing laws
designed to deprive us of our traditional freedoms.

In particular, the USA PATRIOT Act and related Executive Orders and
edicts now grant the federal government powers that are too easily
abused and that threaten free speech, privacy and due process -- the
fundamental rights of every American.  Please declare your intention
to see that we remain both safe AND free.

Sincerely,

Your Name
Your Address

2. 
Virginia DMV Legal Presence Scheme Causing Problems for US Citizens:  Many or most folks in Virginia already know that legally present aliens often can't prove they are legally present because the federal government does not issue such documentation to all classes of legally present aliens.  But now some US citizens are having trouble getting their "papers in order" to comply with a state law effective 1 January 2004 that requires DMV license and non-driver ID applicants to prove that they are legally present in the US (see "Transactions increase at Vital Records office: State's legal-presence law is one of the factors behind the demand for request, The Richmond Times Dispatch, by Tammie Smith, 6 May 2004;  http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1031775296863&path=%21news&s=1045855934842).  While some Virginia residents are having trouble locating original records of their US birth, others are being turned away by the DMW because they have long used (and paid state taxes under) names that do not exactly match their birth or marriage records.  It seems strange that the DMV does accept use of these so called "common law" names when Code of Virginia does not require a court order to change one's name.

3.  Virginia General Assembly Phasing Out Red Light Camera Surveillance:  Declining so far to extend experimental temporary authorization for localities to continue red light camera surveillance, such programs expire on 1 July 2005 (see "Beach red-light cameras will go up in about 3 months,” The Virginia Pilot, by John Warren, 8 April 2004; http://home.hamptonroads.com/stories/story.cfm?story=68718&ran=156379).  While some opponents of red light camera surveillance deride it as nothing more that big brother generating revenue (see "'Shakedown' by the mayor," The Washington Times, Editorial, 30 March 2004; http://www.washtimes.com/op-ed/20040329-085443-5146r.htm), traffic safety experts are now questioning their relative worth.  For example, "Susan G. Pikrallidas, vice president of the American Automobile Association's warns that although some local jurisdictions are looking at red-light cameras as the quick fix, it is not always the most effective means of reducing crashes at intersections" (see "AAA Says Red Light Cameras Should Not Replace Sound Traffic Engineering," AAA, Press Release, 1 May 2002; http://www.aaanewsroom.net/Articles.asp?ArticleID=119&CategoryID=7&SectionID).   

4. 
Preston Resident Forces Library to Back Down on SSNs:  In March 2004, Preston resident Elizabeth Bradbury forced Blue Ridge Regional Library board President George Lyle, who also is the Henry County attorney, to back down off his insistence that the library could deny patrons library privileges if they don't have, or refuse to disclose, a Social Security Number ("SSN").  Lyle initially refused to alter policy against the advice of Nelson Worley of Library of VA advises libraries that they cannot require Social Security numbers.  But Ms. Bradbury was adamant with Lyle that his policy violated federal law (see Section 7 if the Federal Privacy Act at  http://www.fairfaxcountyprivacycouncil.org/Section7oftheFederalPrivacyAct.html.htm) and by the end of March 2004, Lyle backed down, deleting the SSN disclosure requirement.  See partial reference to this saga at http://www.martinsvillebulletin.com/Archive/2004/March%20'04/m032104.htm.  

5.  Amy Boyer "SSN for Murder" Case Settles:  The cash settlement (see "Mother of slain woman settles lawsuit against info-broker, The Associated Press, by Holly Ramer, 10 march 2004; http://www.usatoday.com/tech/news/internetprivacy/2004-03-10-boyer-suit-settled_x.htm) winds down this sad but precedent setting lawsuit (see discussion of Boyer v. Docusearch, Inc., The Supreme Court of New Hampshire (18 February 2003) at  http://www.epic.org/privacy/boyer).   Last month the Virginia General Assembly adjourned without taking any major action to stop the Internet publication of SSNs and other sensitive personal information on circuit court and other state agency web sites.

6.  ID Theft on USS George Washington:  Apparently aided by the US Military's widespread use of the SSN as a routine identifier, Fairfax County Police are aiding an investigation of what has become widespread ID theft among military members.  Though the Navy has seen an increase in identity theft in recent years, the chief trial counsel for the Navy's Trial Services Office at Norfolk Naval Station said that his office has never seen anything like the George Washington case.   "We typically see cases on the small scale," said Lt. Cmdr. Salvatore Maida. "It's often under $1,000 and not more than $3,000."  The widespread use of social security numbers in the military can make sailors somewhat easy prey for identity theft, he said (see "ID theft ring strikes carrier Washington's officers," The Virginia Pilot, by Mathew Dolan, 14 April 2004; http://home.hamptonroads.com/stories/story.cfm?story=68929&ran=197485).  meanwhile, the Defense Department is investigates more breaches of employee and service member privacy through the new Defense Travel System (see "Company Accessed Travelers' Personal Data on DTS," The Federal Times, by Stephan Losey, 20 October 2003;   Strangely, the dangerous requirement that captured US military members must disclose their SSNs to the enemy seems not to yet resonate in Congress. 

7.  Congress Considers "PATRIOT Act II" with new Death Penalties:  Acting in the name of stopping terrorism, members of Congress continue to seek expansion of government power despite widespread concern about privacy and protection against government abuse.  To learn more about HR 3179 (the "Anti-Terrorism Intelligence Tools Improvement Act of 2003") and Take Action, see
http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=15629&c=24.

The Bush administration also supports a second proposed measure (HR 2934, the "Terrorist Penalties Enhancement Act of 2003") to establish 23 separate new death penalties in one stroke and would also create an unprecedented "catch-all" death penalty for any crime that meets the PATRIOT Act's overbroad definition of terrorism.  Take Action against this bill at http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=15502&c=24.

8.  ACLU Files Lawsuit against alleged "No Fly" List:  Apparently so secret that no government agency, let alone any judge or magistrate, claims responsibility for it's creation and maintenance, the American Civil Liberties Union ("ACLU") has filed a class action lawsuit against this quite real program that has prevented US citizens serving their country in the military, or their community as a religious minister, from traveling within the US (see http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15430&c=272&MX=1187&H=1).

To Take Action against the proposed "No Fly" List enforcing travel control program known as the Computer Assisted Passenger Prescreening Program ("CAPPS") II,  go to https://ssl.capwiz.com/aclu/mail/compose/?alertid=5507206&agencyid=5507056&agencyid=5507061&agencyid=5507071&agencyid=5507096&agencyid=5507106&%20amp;agencyid=5507131&agencyid=5507171&target=CU&target=CU&target=CU&target=CU&target=CU&target=CU&target=CU&customid=5507056&customid=5507061&customid=5507071&customid=5507096&customid=5507106&customid=5507131&customid=5507171&type=CU and blast the entire air travel industry with a free fax to oppose CAPPS II.

9.  ID Follies - The US "Trusted Traveler Program”:  Proving once again the historical reality that ID rituals are ineffective, oppressive, and demeaning, Fort Meyers, FL voters were illegally turned away from the March Florida presidential primary because polling places had signs saying voters could not vote without photo ID.  According to the American Civil Liberties Union of Florida, the signs were wrong.
Florida law guarantees voters without photo ID the right to cast an ''affidavit ballot,''…(see "The Confusion Over Voter ID, The New York Times, Editorial, 4 April 2004; http://query.nytimes.com/gst/abstract.html?res=F60613FB3B5D0C778CDDAD0894DC404482).  And a few weeks earlier a British man turned himself in for accidentally traveling internationally on his wife's passport because nobody looked at the passport very closely (see "Husband flies with wife's passport," BBC News, 17 February 2004; http://news.bbc.co.uk/1/hi/england/oxfordshire/3495299.stm).  But the US Transportation Security Administration has published a "Request For
Proposals" at http://www1.eps.gov/EPSData/DHS-BT/Synopses/35287/HSTS02-04-R-RET002/RTCSSFinal.doc (MS-Word format) for a "Registered Traveller"
pilot program to be conducted for 90 days beginning in June 2004, involving 5,000-10,0000 "voluntarily" registered travelers.  Strangely, the RFP fails to mention that there is no federal law or regulation requiring any person to have or present Photo-ID to board domestic airline flights in the
United States and that all commercial airline tariffs require full refund to any passenger denied boarding for refusal to acquiesce to Photo-ID checks.  James Plummer of the National Consumer Coalition's Privacy Group warns Americans:  "[The] TSA hopes to get 5,000 volunteers for the pilot [Trusted Traveler] program. Don't do it. We don't need 5,000 unwitting privacy villains cultivating this process which deserves to die on the vine" (see http://www.nccprivacy.org/handv/040326villain.htm).

10.  Consumers Union Takes on Insurance Company Abuse of SSNsTake Action at https://secure2.convio.net/cu/site/Advocacy?id=137&page=UserAction&AddInterest=1085&JServSessionIdr009=z1l9ze5bb1.app14b to send letters to the nation's largest health insurance companies (Blue Cross Blue Shield, CIGNA, and United Health Care) and tell them to stop using SSNs on their health insurance cards.

11.  Feds Tell Courts that Medical Privacy Does Not Exist:  Citizens for Health (http://www.healthactioncenter.com) urge you to Take Action to support medical privacy at http://www.healthactioncenter.com/action/index.asp?step=2&item=16109 if you are outraged that "The Justice Department now states that patients "no longer possess a reasonable expectation that their histories will remain completely confidential," adding that federal law "does not recognize a physician-patient privilege." Your medical information is no longer private. You no longer have the power to consent to the disclosure of your health information. The mis-named Federal Privacy Rule under HIPAA, which was supposed to protect your privacy, actually grants permission to federal bureaucrats, researchers and thousands of organizations, unrelated to your healthcare, to access your health information including your past medical records and genetic information" (material quoted from a recent Citizens for Health press release).

12.  Upcoming FCPC Meeting:  On
Tuesday, 25 May 2004, FCPC will hold it's quarterly meeting at the Kingstowne Safeway community room.  Public attendance is welcome.

13.  Privacy Quotes:

"Its actually obsene [sic] what you can find out about people on the Internet
."  -- Liam Youens, the man who used Docusearch to locate and kill Amy Boyer (see http://www.epic.org/privacy/boyer).  

"A balance must be struck between protecting all of us and protecting each one of us. I don't trust Justice or the C.I.A. to strike that balance. I have more faith in the courts and Congress, and - if he would remember his stand on personal freedom - in George W. Bush." 
--William Safire (See "Privacy in Retreat," The New York Times, by William 10 March 2004; March 10, 2004http://www.nytimes.com/2004/03/10/opinion/10SAFI.html?th=&pagewanted=print&position).



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