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FCPC ALERT #2005-4
www.FairfaxCountyPrivacyCouncil.org
Originally Published on 27 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:  Insist US Senate rejects “REAL ID Act” language during emergency spending bill conference
2.  FCPC quarterly public meeting - Thursday 28 April @ Kingstowne library
3.
  Action Item:  Tell Congress to get serious on PATRIOT Act reform
4.  Not too late to apply for US Passport without surveillance chip
5.  Privacy Quote:  “We will not make that deadline”

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1.  Urgent Action Item:  Insist US Senate rejects “REAL ID Act” language during emergency spending bill conference
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FCPC has just learned that the White House has sent a letter to Republican and Democratic leadership in the House/Senate conference committee urging them to include the Real ID Act on the final version of the
Emergency Supplemental Appropriations bill intended to supply our troops
in Iraq and provide tsunami relief (see this letter at http://www.democracyinaction.org/dia/track.jsp?key=12991277&url_num=1&u
rl=http://hq.demaction.org/dia/organizations/NILC/images/Supp.Cnf.Lewis.
04.25.05.pdf).  Last week the Senate declined to add the House approved “REAL ID Act” language to the pending federal emergency supplemental spending bill.  But now Senate negotiators are under pressure to cave on this issue.

TAKE ACTION at both http://www.aclu.org/Privacy/Privacy.cfm?ID=17982&c=39 AND https://secure.eff.org/site/Advocacy?JServSessionIdr003=9lu6qr2513.app8a&page=UserAction&cmd=display&id=119 to urge Senators to reject attempts to add.  You have to modify or create your own subject line – given that the issue will be decided now in joint conference committee, here is a recommended title:  “Oppose Inclusion of REAL ID Act at Emergency Supplemental Bill Conference”

Additionally, CALL every Senator who represents you – in every state that you have a residence or other interest.  Suggested message:  “I am counting on Senator ____ to oppose any effort by Senate conferees to allow the REAL ID Act to be added to the pending agency supplemental spending bill.  The REAL ID Act is an unfunded mandate to the states that’s bad for privacy and bad for America.  Please let me know what you are going to do.  My address and phone number is: ______.”

NOTE:  It is especially important for folks to call Senator Arlen Specter of Pennsylvania whose (as yet unannounced) opposition to the REAL ID Act is urgently needed – his numbers are:  202-224-4254, 610-434-1444, 717-782-3951, 412-644-3400, 570-826-6265, 814-453-3010, 215-597-7200, and 570-346-2006.

Read more about the REAL ID act at “License to spy: A national driver’s license — in reality, a national ID card,” by Richard Sobel, and other related items, at http://www.libertycoalition.net, http://www.unrealidea.org/home.html, and http://www.dcexaminer.com/articles/2005/04/08//opinion/op-ed/25oped08plummer.txt.

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2.  FCPC quarterly public meeting - Thursday 28 April @ Kingstowne library
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FCPC will meet at 7:30 PM at the Kingstowne library (see http://www.co.fairfax.va.us/library/branches/kn/default.htm) on Thursday, 28 April 2005 for our quarterly public meeting.  Subjects to be discussed will include a review of actions by the 2005 Virginia General Assembly affecting privacy, and actions that FCPC should take in preparation for the 2006 session of the General Assembly.  All are welcome to attend.  If you have time, please review the FCPC legislative tracker at http://www.hkshooter.net/FCPC/bills.html prior to the meeting.

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3.  Action Item:  Tell Congress to get serious on PATRIOT Act reform
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Some in Congress are considering ADDING more restrictions on US civil liberties to the USAPATRIOT Act at the same time as it debates reforming the Act.  As a recent New York Times Editorial warned, “If Congress becomes too bogged down in the minutiae of the Patriot Act in coming weeks, it will be in danger of missing the larger picture on restoring civil liberties” (see “Revising the Patriot Act to restore American liberties,” Editorial, 11 April 2005, as re-published in full on the Internet at http://www.iht.com/articles/2005/04/10/opinion/edpatriot.html).

TAKE ACTION at http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17913&c=206 to urge Congress to support corrections to the USA Patriot Act and other domestic surveillance powers.

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4.  Not too late to apply for US Passport without surveillance chip
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While many in Congress and the State Department still continue to support the “chipping” and facial recognition compliant photographic registration of Americans (in violation of the Constitutional right to privacy and to travel internationally), production plans have reportedly been delayed into late 2005 – meanwhile, the ACLU is seeking seeking the results of tests the government has conducted on the computerized tags it plans to place on all U.S. passports, charging in a statement that officials have "inexplicably kept the details of this testing process secret" (see “ACLU seeks results of tests of chips in passports,” Government Executive, by Shane Harris, 26 April 2005; http://www.govexec.com/dailyfed/0405/042605h1.htm - note, this news item incorrectly notes that the RFID would broadcast the passport holder’s SSN – this is incorrect as no SSN is printed on the passport, nor required to apply for a passport; Government Executive has acknowledged this error to FCPC and is preparing a correction).

But it’s not too late to apply for new passports without Radio Frequency ID Chips (and presumably without facial recognition compliant photographic registration) for you and your family.  Passports don’t expire for 10 years (5 years for children under 14), and are **lifetime** evidence of work authorization in the United States, even after expiration (see INS From I-9).  Disclosure of Social Security Numbers (“SSNs”) to the US State Department is not required, but if you have an SSN or other tax payer identification assigned to you, the tax code requires you to report your passport application to the IRS – see http://www.cpsr.org/cpsr/privacy/ssn/passport.html for more information.

Interestingly, experts disagree if the Radio Frequency ID Chips will even work (see “Officials disagree over effectiveness of passport chip,” National Journal's Technology Daily, By Sarah Lai Stirland,13 April 2005; http://www.govexec.com/dailyfed/0405/041305tdpm2.htm).

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5.  Privacy Quote:  “We will not make that deadline”
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–Elaine Dezenski, acting assistant secretary at the Homeland Security Department's border and transportation security directorate, who told the House Judiciary Subcommittee On Immigration, Border Security and Claims during a hearing Thursday that her department would not have enough passport readers deployed to every port of entry by Oct. 26, 2005, despite the billions of dollars that have been spent to implement massive surveillance of foreign travelers and Americans **already complying with the law** to enter the United States with proper ID & visas at official ports of entry (see “U.S. will not be able to read high-tech foreign passports,”  National Journal’s Technology Daily, by Greta Wodele, 21 April 2005; http://www.govexec.com/dailyfed/0405/042105tdpm1.htm).

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