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FCPC ALERT #2005-3
www.FairfaxCountyPrivacyCouncil.org
Originally Published on 3 April 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.  Urgent Action Item:  Tell US State Department to halt plan to “Chip” Americans’ Passports
2.  Urgent Action Item:  Tell Governor Warner to leave photo-red for dead
3.  Action Item:  Tell US Senate to strip National ID bill from Iraq War/Tsunami Aid Bill
4.  Action Item:  Urge Congress to curb commercial data stalkers
5.  Will Fairfax County Board of Supervisors stand up to the USAPATRIOT Act?
6.  Privacy Quote:  “Is America becoming a police state?”

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1.  Urgent Action Item:  Tell US State Department to halt plan to “Chip” Americans’ Passports
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In a misguided attempt to make US passports more secure, the US Department of State plans to put radio frequency identification (RFID) chips in all new passports.  This RFID chip will contain the same information currently on our passports, including the passport holder's name, date and place of birth, passport number, and photograph enhanced with digital recognition technology. From identity theft to identity death, an RFID-chipped US passport means good news for the bad guys.

Take Action now @ http://www.rfidkills.com.  Here is a sample message you might want to send:

“I opposes current US State Department plans to add RFID chips to US passports.  This technology is unnecessary and places Americans at risk of identity theft, foreign surveillance, and ultimately may facilitate the transfer of the passport data of US citizens to terrorist groups.   Please abort this unnecessary, invasive, and dangerous plan to “chip” Americans.”

For more background see this SNIP from “Privacy Advocates Criticize Plan To Embed ID Chips in Passports, The Washington Post, by Sara Kehaulani Goo, 3 April 2005, page A06; http://www.washingtonpost.com/wp-dyn/articles/A21858-2005Apr2.html:
A government plan to embed U.S. passports with radio frequency chips starting this summer is being met by resistance from travel and privacy groups who say the technology is untested and could create a security risk for travelers…Groups representing travel-related businesses and privacy advocates say the high-tech chips would do more harm than good. Each chip has a built-in miniature antenna that uses radio waves to transmit information to a machine reader. Critics contend that terrorists or thieves could use hand-held chip readers to identify U.S. citizens, even on a crowded street, anywhere they travel. Such readers are available for $500 to several thousand dollars, depending on the level of sophistication. "If you're walking around in Beirut, it would be well worth Al Qaeda's money to use one of these readers to pick out the Americans from the Swedes without any problem," said Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program.


The State Department said it has received more than 550 comments from the public, with several hundred coming in the past week after privacy activist Bill Scannell launched a Web site called RFIDkills.com that calls the chip-embedded passports "terrorist beacons”…Groups representing the travel industry also have expressed concern about the technology. The Association of Corporate Travel Executives said 93 percent of its members, who are travel managers and representatives of airlines and hotels, opposed using the technology in passports in an e-mail poll.  “It could put the safety of Americans at risk," said Greeley S. Koch, the group's president.”

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2.  Urgent Action Item:  Tell Governor Warner to leave photo-red for dead
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The General Assembly refused to renew a 10 year experiment with photo-red light surveillance in Virginia this year after “A Virginia Transportation Research Council study, requested by the state's Secretary of Transportation, indicates that at photo-red intersections in Fairfax, angle crashes dropped between a quarter and a third, with corresponding declines in injuries related to those wrecks. Yet rear-enders ballooned, going up between 50 percent and 71 percent. Total crashes increased by between 8 percent and 17 percent, while total injury crashes increased between 7 percent and 24 percent. So the research data seem to support the Assembly on photo red, and not the steamed NOVA officials” (see “Photo Red?,The Richmond Times Dispatch, 1 April 2005; http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1031781897762&path=%21editorials&s=1045855934983.

But FCPC has learned from the American Motorists Association (http://www.motorists.org) that some Virginia legislators are scheming to encourage Governor Warner to use his executive power to re-write legislation as part of a veto so as to not just revive the use of photo-red surveillance against the citizens of Virginia, but to expand its use across Virginia permanently.  This action may happen as early as Wednesday 6 April 2005, so we have to move fast.

Take Action @ http://www.governor.virginia.gov/Contact/email_form.html and ask Governor Warner to ignore these pleas to curtail due process, privacy, and liberty under the pretense of advancing public safety.  Sample message follows:

SUBJECT:  Leave Photo-red for Dead!

Dear Governor Warner:

Please ignore attempts by some legislators to revive photo-red light surveillance schemes in Virginia.  This is just a short sighted plan to curtail due process, privacy, and liberty under the pretense of advancing public safety.
Allowing the continued use of this dangerous and counterproductive technology would be a true disservice to Virginia's citizens and visitors. The following four studies conclusively and in combination prove that red-light ticket cameras cause accidents, injuries and deaths. Their economic advantages do not justify putting motorists and pedestrians at greater risk, especially when it has also been proven that simple and inexpensive engineering techniques can significantly reduce violations and accidents. In fact, many of "benefits" attributed to ticket cameras can be traced back to changes in traffic light timing and coordination.
Here are the studies:
1.    A study prepared by the North Carolina A&T State University found that red light cameras increased the number of accidents at intersections. (The full text of this study is available at http://www.ncat.edu/~traninst/Burkey%20and%20Obeng%20Updated%20Report%202004.pdf).
2.    The Virginia Department of Transportation released a biased report in favor of the cameras that still documented an increase in accidents. (The full text of this study is available at http://www.virginiadot.org/vtrc/main/index_main.htm).
3.    This December 2003 study was commissioned by Ontario, Canada's Ministry of Transportation. After evaluating the performance of red light cameras at 68 sites over two years, the report concluded that jurisdictions using photo enforcement experienced an overall increase in property damage accidents of 18.5 percent coupled with a 4.9 percent increase in fatal and injury rear-end collisions. Rear-end collisions involving property damage alone jumped 49.9 percent. (The full text of this study is available at http://www.thenewspaper.com/rlc/docs/2003-ontario.pdf)
4.    Red light violations are primarily caused by engineering problems. This means that a dangerous intersection can only be made safer through the use of proven engineering solutions, such as modestly increasing the yellow-light time. This simple technique has dramatically improved intersection safety from California to Virginia. A recent study by the Texas Transportation Institute highlights the efficacy of increasing yellow-light times. (The full text of this study is available at http://tcd.tamu.edu/Documents/0-4196-2.pdf).
Please let me know what you are going to do.

Sincerely,

YOUR NAME
YOUR ADDRESS

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3.  Action Item:  Tell US Senate to strip National ID bill from Iraq War/Tsunami Aid Bill
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Congressional Sponsors of the “REAL ID Act” are trying to sneak a National ID Card plan onto Iraq War/Tsunami Aid Bill.  Opposed by the American Civil Liberties Union, Gun Owners of America calls the REAL ID Act “bad for gun owners and constitutional government.”

Take Action @ http://www.gunowners.org/activism.htm (where phone and fax numbers are also available) and send your two United States Senators a pre-written message to reject any effort to add National ID Cards to the Iraq/Tsunami Relief bill. Alternatively, go to www.DownsizeDC.org and click on the link under "Senate to vote on national ID card." Use the easy Electronic Lobbyist system to ask your Senators to vote against HR 418.

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4.  Action Item:  Urge Congress to curb commercial data stalkers ********************************
In the latest sage of Virginia Attorney General Judith Williams Jagdmann has sent letters to nearly 1,500 Virginians advising that she received notice from ChoicePoint about the possible compromise of their personal information.  "Former Attorney General Jerry Kilgore created programs and enacted legislation dedicated to protecting all Virginians from computer crimes and identity theft," said Jagdmann. "I am carrying on this work and am committed to prosecuting identity thieves to the fullest extent of the law in the commonwealth” (see “Virginia attorney general offers tips to protect identity,” The Kingsprot-Times News, 23 March, 2005; http://timesnews.net/article.dna?_StoryID=3482386.
But the real crime is that Congress has regulated the commercial creation, use, and sale of digital dossiers about your family created without your permission or any right to review the data contained therein – data which others use to make decisions about you.  Despite the fact that Social Security Numbers (“SSNs”) are independently confidential taxpayer ID numbers under federal law, commercial firms like ChoicePoint, Lexis-Nexus, and others are free to use and sell your SSN without regulation.  Take Action at https://secure2.convio.net/cu/site/Advocacy?page=UserAction&cmd=display&id=425 to tell Congress that it’s time to reign in the commercial data stalkers.
At the state level here in Virginia, Delegate Jim Scott (D - City of Falls Church/County of Fairfax (part)) writes in his report to constituents that during the past General Assembly session he “…requested JCOTS study a bill I introduced to require notification to clients when a database which contains their names is breached. Given the massive breaches that have been publicized since I introduced the legislation, I am hopeful that, if the Federal government does not quickly adopt a strong and fair regulations, on the obligation of data collectors, our JCOTS will make a comprehensive recommendation for action by the General Assembly next year (see Delegate Scott’s Richmond Report, Falls Church News Press, March 31 - April 6, 2005; http://www.fcnp.com/504/scott.htm).
While he might have a good point, his concerns are not matched by this year’s General Assembly which not only failed to enact comprehensive legislation to secure your confidential and sensitive information such SSNs and dates of birth from being entered into public records, but they decided to grant immunity to Clerks of Court who are publishing your information on the Internet – see details at “General Assembly gives Circuit Court Clerks IMMUNITY when they make our records available online!”, The Virginia Watchdog, 31 March 2005; http://www.opcva.com/watchdog/033105.html.
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5.  Will Fairfax County Board of Supervisors stand up to the USAPATRIOT Act?
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While the Connection Newspapers has reported that “An effort to get the Fairfax County Board of Supervisors to condemn the USA Patriot Act may be jump-started this month, as a long-awaited report on the federal law's local impact is released by the county attorney's office” (see “Condemn the Patriot Act? - Fairfax County may consider taking a position against the federal law this month,” The Connection Newspapers, by Brian McNeill, March 10, 2005;
http://www.connectionnewspapers.com/article.asp?article=47481&paper=0&cat=109), FCPC has obtained a copy of County Executive Anthony H. Griffin’s report on the impact of the USAPATRIOT Act on Fairfax County Governance.  In the report, Mr. Griffin concludes that “County Departments reported only positive effects resulting from the USAPATRIOT Act...[which] extend beyond the intended purposes of terrorism prevention and will enhance basic public safety within the county.”

Well, with a rosy assessment like that, maybe the County Board of Supervisors should ask for passage of a PATRIOT Act II?

Strange though, Mr. Griffin made no mention of the effect of the USAPATRIOT Act regarding library surveillance of county residents…oh, maybe he omitted that issue because under the USAPATRIOT Act it is illegal for him to tell us about that sort of thing?

And how about the experience of Virginia resident James Simpson who reports that Sun Trust Bank cited the USA PATRIOT Act to prevent him from starting a bank account to for a political party he was trying to establish.  Apparently, in Catch-22 fashion, James found that the Federal Election Commission will not recognize a new party until it establishes a bank account, but Sun Trust Bank told him that in order to open the account they required him “…to provide documentation that the party was "officially recognized" by the FEC. Great ? the FEC wouldn't recognize the party unless I had a bank account, and the bank wouldn't open an account for me unless the FEC provided documentation that the party was officially recognized….I asked the vice president of the SunTrust bank if she could provide me some sort of documentation that indicated the reason I was being denied an opportunity to open a new account. Ready for this? She told me that according to the Patriot Act, not only was SunTrust unable to provide such documentation, but they were PREVENTED BY LAW from providing such information, OR EVEN verbally informing me as to why it was denied. According to the Patriot Act, any citizen who tries to open even a private checking account and is rejected by the bank - FOR ANY REASON - is denied the right to know why they were refused service” (see “Patriot Act takes our freedoms and won't tell us why,” The Potomac News, by James Simpson, 1 April 2005; http://www.manassasjm.com/servlet/Satellite?pagename=MJM%2FMGArticle%2FWPN_BasicArticle&c=MGArticle&cid=1031781914779&path=!opinion).

FCPC still expects the Board of Supervisors to do the right thing and pass a strongly worded motion that asks the Congress to hold hearings and enact serious reforms to this flawed Act which greatly expanded federal surveillance authority with minimal or non-existent judicial review.

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6.  Privacy Quote:  “Is America becoming a police state?”
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–Congressman Ron Paul (R-TX), answering his own question with:  “The question is no longer rhetorical.  We are not yet living in a total police state, but it is fast approaching.  The seeds of future tyranny have been sown, and many of our basic protections against government have been undermined.  The atmosphere since 2001 has permitted Congress to create whole new departments and agencies that purport to make us safer- always at the expense of our liberty.  But security and liberty go hand-in-hand.  Members of Congress, like too many Americans, don’t understand that a society with no constraints on its government cannot be secure.  History proves that societies crumble when their governments become more powerful than the people and private institutions.  Unfortunately, the new intelligence bill passed by Congress two weeks ago moves us closer to an encroaching police state by imposing the precursor to a full-fledged national ID card.  Within two years, every American will need a “conforming” ID to deal with any federal agency-- including TSA at the airport” (see “It Can't Happen Here,” Texas Straight Talk, by Ron Paul, 20 December 2004; http://www.house.gov/paul/tst/tst2004/tst122004.htm).
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Questions, or to be added/deleted from future Alerts?  Contact Mike Stollenwerk atFCPCChairman@cox.net.