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E P I C A l e r t
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Volume 16.04 March 10, 2009
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Published by the
Electronic Privacy Information Center (EPIC)
Washington, D.C.
http://www.epic.org/alert/EPIC_Alert_16.04.html
"Defend Privacy. Support EPIC."
http://epic.org/donate
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Table of Contents
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[1] Justice Department Releases Domestic Surveillance Documents
[2] EPIC Urges Court to Require Disclosure of Warrantless Wiretap Memos
[3] Facebook Announces Governing Principles, Rights & Responsibilities
[4] Trade Commission Issues Report on Identity Theft
[5] DHS Secretary Proposes Expansion of Domestic Surveillance Programs
[6] News in Brief
[7] EPIC Bookstore: "In Search of Jefferson's Moose"
[8] Upcoming Conferences and Events
- Join EPIC on Facebook http://epic.org/facebook
- Subscription Information
- Privacy Policy
- About EPIC
- Donate to EPIC http://epic.org/donate
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[1] Justice Department Releases Domestic Surveillance Documents
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The Obama Administration publicly made available nine Office of Legal
Counsel memoranda and opinion that were mostly drafted in the post 9/11
timeframe. Attorney General Holder stated "Americans deserve a
government that operates with transparency and openness. It is my goal
to make OLC opinions available when possible while still protecting
national security information and ensuring robust internal executive
branch debate and decision-making. The Office of Legal Counsel provides
authoritative legal advice to the President and all the Executive
Branch agencies. The Office drafts legal opinions and also provides
oral advice in response to requests to the President, the various
agencies of the Executive Branch, and offices within the Department.
The Office is responsible for providing legal advice to the Executive
Branch on all constitutional questions and reviewing pending
legislation for constitutionality. All executive orders and
proclamations proposed to be issued by the President are reviewed by
the Office of Legal Counsel for form and legality, as are various
other matters that require the President's formal approval.
One of the memorandum released contained secret legal opinions that
allowed the President to use the nation's military within the United
States for counter-terrorism and to conduct domestic warrantless
wiretapping. Other opinions pertained to broad interpretation of the
President's powers and unilateral abrogation of foreign treaties. The
last memorandum dated January 15, 2009 discusses the status of previous
OLC opinions and declares "certain propositions stated in several
opinions issued by the Office of Legal Counsel in 2001-2003 respecting
the allocation of authorities between the President and Congress in
matters of war and national security" did not reflect the current
views of the Office.
The released memoranda included opinions on the constitutionality of
amending the Foreign Intelligence Surveillance Act to change the
"purpose" standard for searches; authority for use of military force
to combat terrorist activities within the United States; authority of
the President to conduct renditions and order the military to detain
and set up commissions to try individuals involved in terrorist acts
and the detention of U.S. citizens and domestic use of military force
to combat terrorist activities.
The Office of Professional Responsibility and began investigations into
the circumstances surrounding the drafting of opinions for the
standards for conducting interrogation and whether the legal advice
contained in those memoranda was consistent with professional standards
that applied to Justice Department attorneys. In October 2008, in a
lawsuit by EPIC against the Justice Department, a federal judge ordered
the independent judicial inspection of documents relating to the
President's warrantless wiretapping program. EPIC is seeking the
release of OLC memos concerning the warrantless wiretapping program
that was conducted by President Bush. (See below).
Department of Justice Releases Nine Office of Legal Counsel
Memoranda and Opinions:
http://www.usdoj.gov/opa/pr/2009/March/09-ag-181.html
Office of Legal Counsel Memoranda:
http://www.usdoj.gov/opa/documents/oc-memos.htm
Department of Justice: Office of Legal Counsel
http://www.usdoj.gov/olc/
Office of Legal Counsel Memorandum of January 15, 2009:
http://epic.org/redirect/030909_OLC011509.html
Letter of Marshall Jarrett, Counsel, Office of Professional Responsibility,
Department of Justice to Senators Durbin and Whitehouse:
http://epic.org/redirect/030909_OPR2Sens.html
Letter of Glenn A. Fine, Inspector-General, Office of the Inspector General,
Department of Justice to Senators Durbin and Whitehouse:
http://epic.oreg/redirect/030909_IG2Sens.html
EPIC v. DOJ Page on the National Security Agency's
Warrantless Surveillance Program:
http://epic.org/privacy/nsa/foia/
Court Order Requiring Judicial Review of DOJ Documents:
http://epic.org/privacy/nsa/foia/103108_order.pdf
EPIC's Complaint Against the Department of Justice:
http://www.epic.org/privacy/nsa/complaint_doj.pdf
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[2] EPIC Urges Court to Require Disclosure of Warrantless Wiretap Memos
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On March 6, 2009, EPIC, the ACLU, and the National Security Archive
asked a federal court in Washington, DC to order the immediate
disclosure of government memos describing the legal basis for the
warrantless wiretapping of American citizens by the Bush
Administration. The court is currently reviewing the documents as part
of an EPIC Freedom of Information Act lawsuit, EPIC v. DOJ. The
documents, prepared by the Office of Legal Counsel, "are vital to the
public's understanding of the government's warrantless surveillance
program - activities of dubious legality that have attracted great
interest from the public and lawmakers," EPIC said.
On March 2, 2009, the Attorney General released several related memos,
which previously were secret. An October 23, 2001 memo takes the
extreme position that the Fourth Amendment does not apply to military
actions aimed at investigating or preventing terrorist activity on U.S.
soil. A subsequent DOJ document, dated January 15, 2009, disavows the
analysis, characterizing it as "a doubtful interpretation of the
Foreign Intelligence Surveillance Act." The newly released documents
reference the government's warrantless spy scheme, but do not include
the Office of Legal Counsel's justifications for the surveillance.
EPIC's lawsuit seeks the disclosure of foundational documents setting
forth the program's legal basis, which remains secret.
The March 2, 2009 release follows President Obama's recent statement on
government transparency. "The Freedom of Information Act should be
administered with a clear presumption: In the face of doubt, openness
prevails," the President stated. Senator Patrick J. Leahy, Chairman of
the Senate Judiciary Committee, expressed support for the March 2,
2009, disclosures, demonstrating the continued interest of lawmakers in
the issues implicated by EPIC's lawsuit, as well as the desire to see
the other OLC memos released. Senator Leahy wrote, "The memoranda and
opinions of the last administration regarding national security remain
of great concern."
EPIC v. DOJ seeks the disclosure of opinions prepared by the Department
of Justice Office of Legal Counsel regarding the President's
warrantless domestic surveillance program. The Office of Legal Counsel
regularly issues opinions on a variety of topics in response to legal
questions posited by the President and the heads of executive
departments.
Government lawyers have also withheld the memos from lawmakers charged
with overseeing the department. After the department stymied efforts to
shed light on the OLC opinions, Senate Judiciary Committee Chairman
Patrick Leahy issued a subpoena requiring Attorney General Michael
Mukasey to disclose information regarding the federal government's
terrorism-related activities, including its warrantless surveillance
program. Senator Edward Kennedy previously criticized the secrecy
surrounding the Office of Legal Counsel opinions, arguing that the
Administration's selective disclosure of the documents to a tiny number
of legislators "is a pale shadow of the real disclosure that Americans
deserve."
EPIC began the Freedom of Information Act lawsuit in December 2005,
after the New York Times first reported the details of the wiretap
program. EPIC requested documents relating to legal opinions that were
prepared to justify the program. The DOJ refused to produce several key
documents, and EPIC sued, demanding that the DOJ disclose the documents
in compliance with the Freedom of Information Act.
EPIC Notice to the Court Urging Immediate Release of OLC Memos
on Warrantless Wiretapping:
http://epic.org/privacy/nsa/foia/030609_notice.pdf
EPIC v. DOJ Page on the National Security Agency's
Warrantless Surveillance Program:
http://epic.org/privacy/nsa/foia/
March 2, 2009 Attorney General Announcement Releasing Documents:
http://www.usdoj.gov/opa/pr/2009/March/09-ag-181.html
Sept. 25, 2001 DOJ Memo Concerning Presidential Surveillance Powers:
http://epic.org/redirect/030909_OLC092501.html
Jan. 15, 2009 DOJ Memo Disavowing Prior Advice Concerning
Presidential Authority:
http://epic.org/redirect/030909_OLC011509.html
Sen Leahy's Statement Concerning Release of Warrantless Wiretap Documents:
http://leahy.senate.gov/press/200903/030209a.html
EPIC's Complaint Against the Department of Justice:
http://www.epic.org/privacy/nsa/complaint_doj.pdf
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[3] Facebook Announces Governing Principles, Rights & Responsibilities
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Facebook recently announced an offer to its users around the world in
shaping the future policies governing the service. Facebook issued the
first proposals subject to these new procedures - "The Facebook
Principles," a set of values that will guide the development of the
service, and "Statement of Rights and Responsibilities" that clarify
Facebook's and users' commitments related to the service. Facebook also
announced that over time, users will have the opportunity to review,
comment and vote on these documents. Further, a planned update to the
Privacy Policy will also have similar input.
Last month, Facebook did a volte-face on its Terms of Service just
before EPIC was about a file a complaint before the Federal Trade
Commission. The modified Terms of Service were announced on February 4,
were widely criticized, and were to be the subject of the EPIC
complaint. EPIC observed that the modified Terms of Service
included several material changes, which adversely impacted Facebook
customers, eviscerated wide-recognized privacy rights, and unilaterally
and retroactively transferred control of user generated content to
Facebook. In response to user concerns, Facebook has established a new
Group, the Facebook Bill of Rights and Responsibilities seeking
comments from users.
The company's efforts in making the world more open and connected
underlies the Principles of Facebook Service. The Principles include
the "Freedom to Share and Connect," "Fundamental Equality" of people
on Facebook, "Ownership and Control of Information," and other basic
tenets of the Facebook service. The achievement of these Principles,
according to Facebook, should be constrained only by limitations of
law, technology, and evolving social norms about sharing.
The social networking company also drafted the Statement of Rights and
Responsibilities. The Facebook statement reaffirms that users, not
Facebook, own the content they share through Facebook services and
that Facebook's permission to use that content expires when users
delete the content or terminate their accounts. The document also
codifies the specific requirements that users be given notice, an
opportunity to comment, and, in certain cases, approval authority
through a vote for policy changes.
With these changes, Facebook hopes for more user participation and
involvement in future policy issues. Facebook plans to publish a
final policy proposal that reflects the comments received.
Facebook Opens Governance of Service and Policy Process to Users:
http://www.facebook.com/press/releases.php?p=85587
Facebook Town Hall: Proposed Facebook Principles:
http://www.facebook.com/group.php?gid=54964476066
The Proposed Statement of Rights and Responsibilities:
http://www.facebook.com/topic.php?uid=67758697570&topic=7569
Facebook Blog: Update on Terms:
http://blog.facebook.com/blog.php?post=54746167130
People Against the new Terms of Service (TOS):
http://www.facebook.com/group.php?gid=77069107432
EPIC's Social Networking Privacy Page:
http://epic.org/privacy/socialnet/default.html
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[4] Trade Commission Issues Report on Identity Theft
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On February 26, 2009, the Federal Trade Commission released its most
recent Consumer Sentinel Network Data Book, which contains data on
consumer complaints obtained from the previous calendar year (January
- December 2008). The Data book contains three kinds of consumer
complaints, including fraud, identity theft, and other. This is the
first year the Consumer Sentinel Network has included "other" as a
consumer complaint category. Just as in previous years, identity theft
is once again at the top of the charts. The Consumer Sentinel Network
received a total of 313,982 identity theft consumer complaints during
the year, which is an increase of 54,716 complaints in comparison with
2006. The Data Book provides detailed data on a variety of areas with
regard to the identity theft complaints.
The most recent results indicate a decrease in the percentage of credit
card fraud, from 23 to 20 percent, and phone or utilities fraud, from
18 to 13 percent. Whereas credit card and phone or utilities fraud are
on the decline, government documents or benefits fraud is increasing,
as it has been for the past three years. In 2008, 15 percent of the
identity theft complaints were a result of information misuse through
government documents or benefits fraud. In particular, "[f]raudulent
tax return-related identity theft, a subtype of government documents
or benefits fraud, has increased nearly six percentage points since
calendar year 2006." The remainder of the categories, including
employment-related, bank, and loan fraud all appear to demonstrate
minimal, if any, fluctuation.
With regard to reporting incidents of identity theft, the report found
that the majority of victims still fail to do so. According to the
results, 35 percent of victims report the crime to law enforcement
officials. Law enforcement takes a report in 27 percent of the cases.
This result is nearly identical to the one published in 2007.
Furthermore, just as last year's results indicated most (24%) of the
consumer complaints about identity theft come from victims in the
20-29 age category. They are followed closely (23%) by those in the
30-39 category. As a result, almost half of all the identity theft
complaints registered are in the 20-39 age bracket.
The remainder of the Data Book is dedicated to a breakdown of the
identity theft complaints in each state. Per capita, identity theft
appears to be most prominent in Arizona, California, and Florida.
Whereas North and South Dakota received the least number of consumer
complaints per capita.
Consumer Sentinel Network Data Book (January - December 2008):
http://epic.org/redirect/030909_FTC_CSN2008_report.html
Federal Trade Commission: Identity Theft:
http://www.ftc.gov/bcp/edu/microsites/idtheft/
EPIC's Page on Identity Theft:
http://epic.org/privacy/idtheft/
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[5] DHS Secretary Proposes Expansion of Domestic Surveillance Programs
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The Secretary for the Department of Homeland Security, Janet Napolitano
testified before the House Committees on Homeland Security. She
affirmed that it was her priority to increase accountability, uphold
professionalism, reassess the Department's response to threats. She
deposed that she had issued a series of action directives to assess the
functions of the Department and seek areas of improvement. Her action
directives included areas which affects individual privacy and civil
liberties.
Napolitano deposed that she had issued two action directives concerning
fusion centers. Fusion Centers promote partnerships and intelligence
-sharing of federal, state, local, tribal and territorial partners. DHS
is considering ways to improve intelligence sharing by involving state
and local partners during rule-making of intelligence-sharing
policies and programs. The DHS is also looking at means to improve
coordination of activities involving both state and local authorities.
Another directive issued involved the DHS E-Verify program. The
directive was aimed at measuring employer compliance and participation
in E-Verify. The directive also sought to find out ways that DHS could
reduce the false negatives and lower the possibility of identity
fraud. EPIC has noted that E-Verify could deny many eligible
individuals - including U.S. citizens and legal immigrants - the
opportunity to work, and is ineffective as a solution to U.S.
immigration problems. Last year, EPIC had filed a Freedom of
Information request with the DHS seeking documents concerning
promotion of E-Verify.
A further directive was also issued towards reviewing transportation
security. Backscatter X-Ray devices show detailed images of a person's
naked body, and are equivalent to a "virtual strip search" for all air
travelers. The Recovery Act allots a budget of $ 1 Billion towards
upgrading the explosive detection infrastructure.
The testimony also stated an interest of the DHS in promoting high-tech
RFID systems and RFID-enabled documents including passports, trusted
traveler programs to avoid watchlists and enhanced driver's licenses.
The proposed uses of RFID tags pose exponentially greater risks to
personal privacy. In addition to undermining a consumer's ability to
enjoy a lifestyle in relative anonymity, critics of the technology
counter that the information gathered by RFID readers could be obtained
by the government for surveillance or monitoring the activities of
citizens, or even misused by hackers and criminals. The are several
problems with the watchlist program- it is not subject to the Privacy
Act and the watchlists are full of errors. Enhanced driver's licenses
also imposes many costs with few benefits and poses significant threats
to individual privacy and security.
Testimony of Secretary Napolitano:
http://www.dhs.gov/ynews/testimony/testimony_1235577134817.shtm
DHS Fusion Centers:
http://homeland.house.gov/
EPIC's Page on Fusion Centers:
http://epic.org/privacy/fusion/
DHS E-Verify program:
http://www.dhs.gov/e-verify
Spotlight on Surveillance- E-Verify System:
http://epic.org/privacy/surveillance/spotlight/0707/default.html
Millimeter Wave- Whole Body Imaging:
http://www.tsa.gov/approach/tech/mwave.shtm
Spotlight on Surveillance- Plan to X-Ray Travelers Should Be
Stripped of Funding:
http://epic.org/privacy/surveillance/spotlight/0605/
The U.S. Electronic Passport:
http://travel.state.gov/passport/eppt/eppt_2498.html
EPIC's FOIA Note: E-Passports Less Reliable Than Traditional Passports:
http://epic.org/foia_notes/note14.html
U.S. Customs and Border Protection - Trusted Traveler:
http://www.cbp.gov/xp/cgov/travel/trusted_traveler
EPIC's Page on Air Travel Privacy:
http://epic.org/privacy/airtravel/
Enhanced Drivers Licenses: What Are They?:
http://www.dhs.gov/xtrvlsec/crossingborders/gc_1197575704846.shtm
National ID Cards and REAL ID Act:
http://epic.org/privacy/id-cards/
EPIC's page on RFID Systems:
http://epic.org/privacy/rfid/
Profile of Janet Napolitano:
http://www.dhs.gov/xabout/structure/gc_1232568253959.shtm
House Committees on Homeland Security:
http://homeland.house.gov/
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[6] News in Brief
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Cybersecurity Czar Steps Down, Warns of Growing NSA Influence
Rod Beckstrom, Director of the National Cybersecurity Center, has
resigned. In a letter to Homeland Security Secretary Janet Napolitano,
Beckstrom warned of the increasing role of the National Security Agency
in domestic security. The "intelligence culture is very different than
a network operation or security culture... the threats to our
democratic processes are significant if all top government network and
monitoring are handled by any one organization... we have been
unwilling to subjugate the NSCS under the NSA," wrote the former NCSC
Director. The announcement follows Congressional testimony from the new
Director of National Intelligence that the NSA should be responsible
for network security. EPIC has long maintained that the NSA, though it
plays a vital role in gathering foreign intelligence, should not be the
lead agency for domestic network security because it also engages in
extensive and unregulated spying.
The National Cybersecurity Center:
http://www.nctc.gov/
NCTC Director's Resignation Letter:
http://epic.org/linkedfiles/ncsc_directors_resignation1.pdf
Hearing of the House Permanent Select Committee on Intelligence:
http://www.dni.gov/testimonies/20090225_transcript.pdf
EPIC's Page on Computer Security Act of 1987:
http://epic.org/crypto/csa/
Action Item: Support the Creation of a "Truth Commission"
Senator Patrick Leahy of Vermont has proposed the idea of a truth and
reconciliation commission to investigate abuses during the Bush-Cheney
Administration so that they never repeated. Abuses have included the
use of torture, warrantless wiretapping, extraordinary rendition, and
executive override of laws. A petition of support for the trust
commission is currently being sought to be signed by members of the
public. EPIC supports Senator Leahy in the creation of a truth
commission to uncover wiretap abuses.
Sign the Petition:
http://ga3.org/campaign/btcpetition
EPIC's Page on Wiretapping:
http://epic.org/privacy/wiretap/
Report Highlights Cloud Computing Risks to Privacy
The World Privacy Forum released a report "Privacy in the Clouds: Risks
to Privacy and Confidentiality from Cloud Computing." The report
discusses the issue of cloud computing and outlines its implications
for the privacy of personal information as well as the confidentiality
of business and governmental information. The report discusses how even
when no laws or obligations block the ability of a user to disclose
information to a cloud provider, disclosure may still not be free of
consequences and that information stored with a third party may have
fewer or weaker privacy protections. The report concludes that both
government agencies and private litigants may be able to obtain
information from a third party more easily than from the creator of the
information.
Privacy in the Clouds: Risks to Privacy and Confidentiality from
Cloud Computing:
http://www.worldprivacyforum.org/pdf/WPF_Cloud_Privacy_Report.pdf
APEC Proposes Guidelines on Cross-Border Data Transfers
The Data Privacy Subgroup of Asia-Pacific Economic Cooperation held a
meeting in February, 2009. They reported progress on the eight projects
designed to advance the Data Privacy Pathfinder which contains general
commitments leading to the development of a Cross-Border Privacy Rules.
The next step will be to finalize survey documentation that will
collate information on the data privacy frameworks that currently
exist in each member economy. The objective of the meeting was to
create a method of cross-border data transfers of information while
maintaining privacy safeguards. The guidelines call for an oversight
panel for certifications and enforcement in cases of violations. The
Asia-Pacific Economic Cooperation forum was established in 1989 to
capitalize on the growing interdependence of Asia-Pacific economies.
APEC Data Privacy Pathfinder Initiative:
http://www.dpmc.gov.au/privacy/apec/pathfinder_initiative.cfm
APEC Cross-Border Privacy Rules:
http://www.dpmc.gov.au/privacy/apec/cross-border.cfm
APEC Singapore 2009, Sustaining Growth, Connecting the Region:
http://www.apec.org/apec/daily_news_update/260209_sg_somi.html
APEC Data Privacy Pathfinder Projects Implementation Work Plan:
http://aimp.apec.org/Documents/2008/ECSG/ECSG1/08_ecsg1_024.doc
Council of Europe Privacy Convention:
http://epic.org/privacy/intl/coeconvention/default.html
ENISA Reports on Network and Information Security
The European Network and Information Security Agency released a paper
containing a series of country reports with an overview on the "state
of the art" of network and information security in each country
regarding stakeholders, activities, events and current trends. The
project elaborated separate stages: information and data gathering
entered into a country data collection template; information and data
review; and creation of the report from each country chapter. The
report concluded that that institutions and responsibilities vary
substantially from country to country although there were some
general trends. ENISA is an EU agency created to advance the
functioning of the internal market.
ENISA Country Reports 2009:
http://epic.org/redirect/030909_ENISA_country_reports.html
EPIC's Page on CoE Privacy Convention:
http://epic.org/privacy/intl/coeconvention/default.html
European Anti-crime Authority to Review VoIP Wiretaps
The European Anti-crime authority, Eurojust, was supposed to have been
approached by Italy with the request to introduce a case to Eurojust.
The case involves interception of internet telephony as an essential
tool in the fight against international organized crime. In September
2006, at the first strategic meeting on internet telephony at Eurojust,
Skype representatives agreed to cooperate with the law enforcement
authorities in the fight against serious, cross-border organized
crime. In a later update, Eurojust clarified that there was not yet an
official case reported to Eurojust.
Eurojust will be requested to coordinate internet telephony
investigations:
http://www.eurojust.europa.eu/press_releases/2009/25-02-2009.htm
EPIC's Page on Wiretapping:
http://epic.org/privacy/wiretap/
Report: False Assurances of Security in Health IT Systems
Dartmouth College business professor Eric Johnson has written a report
called "Data Hemorrhages in the Health Care Sector." The paper
discusses how confidential data flowing from health-care providers
pose financial risks to firms and medical risks to patients. Examining
the consequences including privacy violations, medical fraud, financial
and medical identity theft, the paper characterized the security risk
for a group of health-care organizations using a direct analysis of
leaked files. The analysis demonstrated both a substantial threat and
vulnerability for the health-care sector and as well as the unique
complexity exhibited by the US health-care system. The paper was
presented at the Thirteenth International Conference of International
Financial Cryptography Association. EPIC has urged strong safeguards
in the field of medical privacy.
Eric Johnson, Data Hemorrhages in the Health Care Sector:
http://fc09.ifca.ai/papers/54_Data_Hemorrhages.pdf
EPIC's page on Medical Privacy:
http://epic.org/privacy/medical/
Whitehouse Tests Alternate Method of Video Content-Delivery
The White House website which posts the Weekly Address of President
Obama tested a different version of video content-delivery. Setting
aside YouTube, the latest weekly address uses a technology which no
longer secretly tracked Whitehouse visitors. Federal policy restricts
the use of tracking cookies by federal agencies. Privacy concerns
remain for media content delivered by Congressional offices. While
initially it was believed that the change was permanent, subsequent
clarifications by the White House seems to indicate that the new
system was merely a test of content-delivery using a player developed
"in-house."
The White House Blog Post, Keeping Promises:
http://www.whitehouse.gov/blog/09/02/28/Keeping-Promises/
The White House YouTube Channel:
http://www.youtube.com/whitehouse
The White House Weekly Address:
http://www.whitehouse.gov/weekly_address/
EPIC's page on Cookies:
http://epic.org/privacy/internet/cookies/
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[7] EPIC Bookstore: "In Search of Jefferson's Moose"
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"In Search of Jefferson's Moose - Notes on the State of Cyberspace"
by David G. Post
http://www.powells.com/biblio/2-9780195342895-0?&PID=24075
"In Search of Jefferson's Moose" is an unusual name for a book
describing the state of cyberspace. But it is also an unusual book.
Thoroughly entertaining, the author, David G. Post, compares
Jefferson's "Notes on the State of Virginia" published in 1785 with
the evolution of the Cyberspace. Post applies Jefferson's vision of
natural history, law and governance to bring out the internet's
technical and legal aspects to the fore.
Going back and forth between the "New World" as Jefferson saw it in
his days to the new world of today, the "Cyberspace," Post draws
interesting parallels on the challenges and the measures that
once shaped history and is now once again proving to hold true in the
development of digital world. Referencing Isaiah Berlin who divided
the great thinkers of the world into foxes and hedgehogs as knowing
"many things" and knowing "one big thing," Post sees Jefferson as
being both a hedgehog and a fox at the same time who had interesting
things to say "about pretty much everything" and also had "Big Ideas"
which helped transform a world where "conventional mechanisms of
lawmaking and governance did not work..."
The book is broadly divided into two parts, "Chaos" brings a lucid
perspective of the territory and population of the internet as it was
in the State of Virginia of 1781. Post believes that the geography of
the land as it then existed is similar to the geography of the
internet. The second part, "order," looks into methods of governance as
a solution to a rule of authority on the internet. Post quotes a
portion of Thomas Jefferson's autobiography by stating that "[i]t is
not by consolidation or concentration of powers, but by their
distribution, that good government is effected."
Filled with delightful footnotes containing a cornucopia of information
snippets ranging from natural history, literature, and politics to
science, technology and law, the book explores the rich depth of history
manifesting itself in the new world of the internet. The author, however,
does not offer clear possibilities into what lies in its future. Instead,
Post endeavors to let the readers be the judge and chart its impending
route in the concourse of the human mind.
-- Anirban Sen
================================
EPIC Publications:
"Litigation Under the Federal Open Government Laws 2008," edited by
Harry A. Hammitt, Marc Rotenberg, John A. Verdi, and Mark S. Zaid
(EPIC 2008). Price: $60.
http://epic.org/bookstore/foia2008/
Litigation Under the Federal Open Government Laws is the most
comprehensive, authoritative discussion of the federal open access
laws. This updated version includes new material regarding the
substantial FOIA amendments enacted on December 31, 2007. Many of the
recent amendments are effective as of December 31, 2008. The standard
reference work includes in-depth analysis of litigation under Freedom
of Information Act, Privacy Act, Federal Advisory Committee Act,
Government in the Sunshine Act. The fully updated 2008 volume is the
24th edition of the manual that lawyers, journalists and researchers
have relied on for more than 25 years.
================================
"Information Privacy Law: Cases and Materials, Second Edition" Daniel
J. Solove, Marc Rotenberg, and Paul Schwartz. (Aspen 2005). Price: $98.
http://www.epic.org/redirect/aspen_ipl_casebook.html
This clear, comprehensive introduction to the field of information
privacy law allows instructors to enliven their teaching of fundamental
concepts by addressing both enduring and emerging controversies. The
Second Edition addresses numerous rapidly developing areas of privacy
law, including: identity theft, government data mining and electronic
surveillance law, the Foreign Intelligence Surveillance Act,
intelligence sharing, RFID tags, GPS, spyware, web bugs, and more.
Information Privacy Law, Second Edition, builds a cohesive foundation
for an exciting course in this rapidly evolving area of law.
================================
"Privacy & Human Rights 2006: An International Survey of Privacy Laws
and Developments" (EPIC 2007). Price: $75.
http://www.epic.org/phr06/
This annual report by EPIC and Privacy International provides an
overview of key privacy topics and reviews the state of privacy in over
75 countries around the world. The report outlines legal protections,
new challenges, and important issues and events relating to privacy.
Privacy & Human Rights 2006 is the most comprehensive report on privacy
and data protection ever published.
================================
"The Public Voice WSIS Sourcebook: Perspectives on the World Summit on
the Information Society" (EPIC 2004). Price: $40.
http://www.epic.org/bookstore/pvsourcebook
This resource promotes a dialogue on the issues, the outcomes, and the
process of the World Summit on the Information Society (WSIS). This
reference guide provides the official UN documents, regional and
issue-oriented perspectives, and recommendations and proposals for
future action, as well as a useful list of resources and contacts for
individuals and organizations that wish to become more involved in the
WSIS process.
================================
"The Privacy Law Sourcebook 2004: United States Law, International Law,
and Recent Developments," Marc Rotenberg, editor (EPIC 2005). Price:
$40.
http://www.epic.org/bookstore/pls2004/
The Privacy Law Sourcebook, which has been called the "Physician's Desk
Reference" of the privacy world, is the leading resource for students,
attorneys, researchers, and journalists interested in pursuing privacy
law in the United States and around the world. It includes the full
texts of major privacy laws and directives such as the Fair Credit
Reporting Act, the Privacy Act, and the OECD Privacy Guidelines, as well
as an up-to-date section on recent developments. New materials include
the APEC Privacy Framework, the Video Voyeurism Prevention Act, and the
CAN-SPAM Act.
================================
"Filters and Freedom 2.0: Free Speech Perspectives on Internet Content
Controls" (EPIC 2001). Price: $20.
http://www.epic.org/bookstore/filters2.0
A collection of essays, studies, and critiques of Internet content
filtering. These papers are instrumental in explaining why filtering
threatens free expression.
================================
EPIC publications and other books on privacy, open government, free
expression, crypto and governance can be ordered at:
EPIC Bookstore
http://www.epic.org/bookstore
"EPIC Bookshelf" at Powell's Books
http://www.powells.com/bookshelf/epicorg.html
================================
EPIC also publishes EPIC FOIA Notes, which provides brief summaries of
interesting documents obtained from government agencies under the
Freedom of Information Act.
Subscribe to EPIC FOIA Notes at:
https:/mailman.epic.org/mailman/listinfo/foia_notes
=======================================================================
[8] Upcoming Conferences and Events
=======================================================================
2009 Freedom Forum Freedom of Information conference:
"Freedom and Information: Looking Back and Looking Forward,"
11th annual National FOI Day Conference, Freedom Forum's Newseum,
March 13, 2009.
Contact: ahampton@freedomforum.org or call 202/292-6288
The IAPP Privacy Summit 2009 will be held between March 11-13, 2009,
at Washington, D.C. For more information, http://www.privacysummit.org
"Conference on International Aspects of Securing Personal Data,"
The Federal Trade Commission, Washington, D.C., March 16-17, 2009.
For more information, http://ftc.gov/opa/2008/12/datasec.shtm
UC Berkeley Law School, BCLT Second Annual Privacy Lecture,
"Confronting the Third Party Doctrine and the Privacy of Personal
Information," March 18, 2009 at Bancroft Hotel, 2680 Bancroft Way,
Berkeley, CA 94704. For more information,
http://www.law.berkeley.edu/institutes/bclt/privacy-lecture/index.html
Notice and Request for Public Comments by the Federal Trade Commission
on Digital Rights Management Technologies.
Event: Wednesday, March 25, 2009, Seattle, WA.
For more information,
http://www.ftc.gov/bcp/workshops/drm/index.shtml
"2nd Privacy OS Conference," MediaCentre, Berlin, Germany, April 1-3,
2009. For more information, http://www.privacyos.eu
"THE FUTURE OF PRIVACY: What's Next?" - a one day seminar.
April 28, 2009, Cartier Suites Hotel, 180 Cooper Street,
Ottawa, Canada. For more information,
http://www.rileyis.com/seminars/
"2nd Annual Research Symposium for the Identity, Privacy and
Security Initiative," , May 6, 2009, University of Toronto.
For more information, http://www.ipsi.utoronto.ca/site4.aspx
IEEE Symposium on Security and Privacy, May 17-20, 2009,
The Claremont Resort, Oakland, California. For more information,
http://oakland09.cs.virginia.edu/
Web 2.0 Security & Privacy 2009, Thursday, May 21,
The Claremont Resort, Oakland, California. For more information,
http://w2spconf.com/2009/
Computers, Freedom, and Privacy, 19th Annual Conference, Washington,
D.C., June 1-4, 2009. For more information,
http://www.cfp2009.org/wiki/index.php/Main_Page
"The Transformation of Privacy Policy," Institutions, Markets
Technology Institute for Advanced Studies (IMT)Lucca, Italy, July 2-4,
2009.
=======================================================================
Join EPIC on Facebook
=======================================================================
Join the Electronic Privacy Information Center on Facebook
http://epic.org/facebook
Start a discussion on privacy. Let us know your thoughts.
Stay up to date with EPIC's events.
Support EPIC.
=======================================================================
Subscription Information
=======================================================================
Subscribe/unsubscribe via web interface:
https://mailman.epic.org/mailman/listinfo/epic_news
Back issues are available at:
http://www.epic.org/alert
The EPIC Alert displays best in a fixed-width font, such as Courier.
=======================================================================
Privacy Policy
=======================================================================
The EPIC Alert mailing list is used only to mail the EPIC Alert and to
send notices about EPIC activities. We do not sell, rent or share our
mailing list. We also intend to challenge any subpoena or other legal
process seeking access to our mailing list. We do not enhance (link to
other databases) our mailing list or require your actual name.
In the event you wish to subscribe or unsubscribe your e-mail address
from this list, please follow the above instructions under "subscription
information."
=======================================================================
About EPIC
=======================================================================
The Electronic Privacy Information Center is a public interest research
center in Washington, DC. It was established in 1994 to focus public
attention on emerging privacy issues such as the Clipper Chip, the
Digital Telephony proposal, national ID cards, medical record privacy,
and the collection and sale of personal information. EPIC publishes the
EPIC Alert, pursues Freedom of Information Act litigation, and conducts
policy research. For more information, see http://www.epic.org or write
EPIC, 1718 Connecticut Ave., NW, Suite 200, Washington, DC 20009. +1 202
483 1140 (tel), +1 202 483 1248 (fax).
=======================================================================
Donate to EPIC
=======================================================================
If you'd like to support the work of the Electronic Privacy Information
Center, contributions are welcome and fully tax-deductible. Checks
should be made out to "EPIC" and sent to 1718 Connecticut Ave., NW,
Suite 200, Washington, DC 20009. Or you can contribute online at:
http://www.epic.org/donate
Your contributions will help support Freedom of Information Act and
First Amendment litigation, strong and effective advocacy for the right
of privacy and efforts to oppose government regulation of encryption and
expanding wiretapping powers.
Thank you for your support.
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