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FCPC ALERT #2005-2
www.FairfaxCountyPrivacyCouncil.org
Originally Published on 19 February 2005
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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. CBS News Story on VA Public Records Privacy
Invasion
2. Virginia Pilot Article and Poll on VA Public Records
Privacy Invasion
3. VA General Assembly Set to
4. Urgent Action Item: Tell the VA House of Delegates to
Quash Court Clerk Immunity for Publishing Your Records on the Internet
5. Privacy Quote: “…ridiculous, it’s crazy!”
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1. CBS News Video on VA Public Records Privacy Invasion
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See VA Public Records Privacy Warrior Betty (“BJ”) Ostergren
profiled in a current news video at “CBS Consumer Alert: Private info for
all to see,” CBS News, http://www.cbsnews.com/sections/eveningnews/consumer/main500262.shtml.
SNIP: “…We have got [CIA Director] Porter J Goss’s records here, and
there is Porter J Goss’s Social Security Number” [SSN]…”
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2. Virginia Pilot Article and Poll on VA Public Records Privacy Invasion
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More reporting about the VA public records privacy problem “She knows all about
you and you and you,” the Virginia Pilot, By Christina Nichols, 19 February
2005; http://home.hamptonroads.com/stories/story.cfm?story=82427&ran=59066&tref=po
SNIP: “Betty “BJ” Ostergren’s idea of an
icebreaker is to walk up to state legislators and recite their Social Security
numbers. Then she reaches into her bulging beige tote bag and presents
them with copies of their mortgage records, divorce papers and tax liens. Her
approach might seem like a strange way to start a conversation, but the
TAKE ACTION: Vote in the On-line poll (Q: “Should cities and
counties post land records online?”) at http://home.hamptonroads.com/stories/story.cfm?story=82427&ran=59066
– the correct answer is the last one – “No, not at all.”
? The second answer (“Only with tight access restrictions”) is a
trick answer – restrictions on access are illegal – if the government offers a
method to see a public record, you must offer it to everyone.
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3. VA General Assembly Set to Give Court Clerks Immunity for Publishing
Your Records on the Internet
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FCPC has uncovered a disquieting move by the General Assembly in Richmond last
week to apparently provide Clerks of Court in VA immunity from prosecution or
civil liability if they put your records on the Internet and it causes you
physical injury or financial damage. Earlier this year, the Senate Courts
of Justice Committee led by Senator Kenneth W. Stolle
(R-Virginia Beach) **deleted** this immunity provision from a bill sponsored by
Senator Jeannemarie Devolites
Davis (R-Vienna/City of Fairfax; County of Fairfax (part)) to extend the life
of the current law allowing Clerks of Court to publish court records on-line
under a pay per view subscription plan (see http://leg1.state.va.us/cgi-bin/legp504.exe?051+sum+SB998).
But this past week, Stolle’s committee (quickly
followed by the full Senate) allowed this immunity provision to survive in
Delegate Samuel A. Nixon, Jr.’s HB2052. HB2052
(like Devolites’ SB998 and SB992), as originally
introduced, would extend the life of
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4. Urgent Action Item: Tell the VA House of Delegates to Quash
Court Clerk Immunity for Publishing Your Records on the Internet
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There was shocking news this week that data aggregators like Choice Point
Corporation (which cherry pick on-line public records for private information
to make dossiers about citizens) apparently sell this information directly to
identity thieves (see ID Data Conned From Firm,” The Washington Post, by Robert
O”Harrow Jr., 17 february
2005, page E01; http://www.washingtonpost.com/wp-dyn/articles/A30897-2005Feb16.html).
This ought to be **reason enough** for the General Assembly to back away
from enacting gimmicks like “immunity” to entice more VA Clerks of Court to
publish court records on line. FCPC urges the VA House of Delegates to table
HB2052 in order to quash the Clerks of Court Association’s grab for immunity
from prosecution or liability so that Clerks can “safely” publish citizens’
court records on the Internet…safely for the Clerks that is!
TAKE ACTION: Tell the VA House of Delegates leadership that this Clerk
Immunity Scheme Needs to Stop! You can also cc “your” Delegate with the
email address found using the “Who's My Legislator Tool” at http://conview.state.va.us/whosmy.nsf/main?openform.
Sample message follows:
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TO: Del_Howell@house.state.va.us,
Del_Griffith@house.state.va.us,
Del_Hall@house.state.va.us, Del_Landes@house.state.va.us, Del_Moran@house.state.va.us, Del_McDonnell@house.state.va.us,
Del_Kilgore@house.state.va.us
SUBJECT: Please Quash HB2052 and Halt the Clerk Immunity Scheme!
Dear Delegates Howell,
Please take immediate action to stop HB2052 from providing Clerks of Court
immunity from prosecution or liability if they public citizens’ records on the
Internet. I don’t like the idea of publication of court records on the
Internet to anyone willing to pay $25 per month to download them at home so
that they can use or re-sell the information they harvest, as they like.
These records serve a legitimate purpose, but as you know, these records are
“CHOCK FULL” of Social Security Numbers, dates of birth, minor childrens’ names, and other sensitive personal
information. Most VA Clerks of Court seem to agree that Internet
publication of this stuff is risky, so now their Clerk’ association wants you
to give them immunity to encourage them to do it anyway!
Don’t worry – SB1192 is a done deal and it already extends the life of Va. Code
§ 2.2-3808.2 so that the Clerks **who want to** can publish court records
online through 2007. I just want you to quash the immunity power grab
provision in HB2052. Please tell me what you are going to do.
Sincerely,
YOUR NAME’
YOUR ADDRESS
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5. Privacy Quote: “Putting somebody’s entire life on a computer
screen without any filters is ridiculous, it’s crazy!”
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– Ohio sports arena manager Jim Mooring, exasperated at how easy it was for a
criminal to obtain his SSN and other personal information off on-line public
records in Ohio, and then open 7 credit cards in his name and charging over
$11,000 (see “CBS Consumer Alert: Private info for all to see,” CBS News, http://www.cbsnews.com/sections/eveningnews/consumer/main500262.shtml).
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Questions, or to be added/deleted from future Alerts? Contact Mike
Stollenwerk atFCPCChairman@cox.net.