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    Volume 8.15                                    August 17, 2001
                             Published by the
               Electronic Privacy Information Center (EPIC)
                             Washington, D.C.
Table of Contents
[1] Groups Update Microsoft XP and Passport Complaint
[2] EPIC Challenges Adequacy of FBI Search for Carnivore Documents
[3] Court Orders Report on Use of Secret Keystroke Monitor
[4] Judiciary Protects Privacy of Electronic Court Filings
[5] Tampa Narrowly Approves Face Recognition Spy Cameras
[6] EPIC Bill-Track: New Bills in Congress
[7] EPIC Bookstore - In Code: A Mathematical Journey
[8] Upcoming Conferences and Events
[1] Groups Update Microsoft XP and Passport Complaint
EPIC and a coalition of 13 civil liberties and consumer advocacy
groups have filed a supplement to a complaint filed last month with
the Federal Trade Commission (FTC).  The supplement adds to
allegations that Microsoft has engaged in unfair and deceptive trade
practices by linking the Passport identification and authentication
system to the Windows XP operating system.  The submission includes
additional information regarding technical flaws in the Passport
design and contains allegations that the system is not compliant with
the Children's Online Privacy Protection Act (COPPA).
The new filing also addresses recent changes that Microsoft has made
to the Passport system.  In the wake of the earlier FTC complaint,
Microsoft reduced the amount of information required to register for
Passport.  However, the system still requires that users identify their
e-mail address, country, state, and zip code.  Since e-mail addresses
are personally identifiable, this change does not address privacy
risks presented by the creation of a centralized database of
individuals' information.  Microsoft also asserts that the integration
of the Platform for Privacy Preferences (P3P) will increase privacy
protections in Internet Explorer 6.  The supplement addresses this
issue, demonstrating that P3P does not address even basic Fair
Information Practices such as access and security.
The complaint identifies flaws in Kids Passport and asserts that
investigation is warranted into whether the system is compliant with
COPPA.  Microsoft has not complied with the most basic requirements of
the children's privacy law, such as presenting a prominent link to a
privacy policy for sites targeted to children.  In addition, the Kids
Passport system unnecessarily collects personal information from
children.  Other popular children's sites collect only a username and
password.  However, Microsoft continues to require a personally-
identifiable e-mail address from children.
A number of other privacy risks associated with the Passport system
are addressed in the supplement.  For instance, Passport does not
allow users to delete their personal information from the system.
Passport also has a privacy policy that is subject to change at the
whim of Microsoft.  The absence of strong privacy protection, coupled
with the risks inherent in centrally storing millions of users'
personal information, could likely result in severe privacy
EPIC and the other groups allege that Microsoft's guarantees of
privacy and security in light of these flaws constitutes a violation
of federal consumer protection law.  The supplement concludes with a
request for an investigation into Microsoft and an injunction against
Microsoft to prevent further unfair and deceptive practices.
Supplemental Materials in Support of Pending Complaint and Request for
Injunction, Request for Investigation and for Other Relief:
Original complaint to the FTC alleging unfair and deceptive trade
[2] EPIC Challenges Adequacy of FBI Search for Carnivore Documents
In motion papers filed in U.S. District Court in Washington on August
9, EPIC asserts that the FBI has violated the Freedom of Information
Act (FOIA) by conducting an inadequate search for internal records
concerning the controversial Carnivore surveillance system.  EPIC's
submission alleges that the Bureau failed to seek relevant documents
from various legal and policy offices likely to possess information on
Carnivore, and requests discovery designed to fully examine the
adequacy of the document search.
EPIC filed suit against the FBI and the Justice Department over a year
ago, after the agencies failed to respond to a request to expedite the
processing of documents relating to Carnivore.  The FBI subsequently
agreed to expedite its search (which otherwise would have taken
several years), and made its "final" release of documents in January
2001.  Since that time, the Bureau has prepared an itemized accounting
of withheld material in support of a motion for summary judgment,
which was filed on August 1.  The accounting indicates that
approximately 2000 pages of material were located at two Bureau
components -- the Electronic Surveillance Technology Section (ESTS) in
Quantico, Virginia, and the Contracts Unit at FBI Headquarters -- but
no other locations.
In support of its motion, EPIC cites the Congressional testimony of
several FBI and Justice Department officials who stated that Carnivore
had been the subject of substantial "internal review" within the FBI
and DOJ, and that the two agencies had "briefed many members of the
Congressional staff" prior to Carnivore's public exposure.  Despite
that testimony, the FBI has failed to account for any documents
relating to such internal reviews or staff briefings.  In fact, the
released documents deal only with technical aspects of Carnivore,
rather than the legal and policy implications of the surveillance
technique.  EPIC notes in its motion that no documents have yet been
located at key FBI and DOJ components, including the FBI's Office of
General Counsel.
The FBI's report on the results of its search effort leads to only two
potential conclusions.  Either the Bureau has failed to meet its legal
obligation under FOIA to conduct a comprehensive search for relevant
documents, or the agency never evaluated the legal and policy
implications of the Carnivore system before it was deployed.
More information on EPIC's Carnivore FOIA litigation, including the
recent challenge to the FBI's document search, is available at:
[3] Court Orders Report on Use of Secret Keystroke Monitor
In the first case of its kind, a federal court in New Jersey has
ordered the FBI to disclose information concerning the surreptitious
installation of a keystroke monitor used to capture a suspect's PGP
encryption passphrase.  In an order issued on August 7, U.S. District
Judge Nicholas Politan directed the government to produce a report
"detailing how the key logger device functions" by August 31.  To
date, the technique has only been described publicly as "specialized
computer software, firmware and/or hardware."  The government has
vigorously opposed disclosure of any specific details.
Judge Politan said he "harbors serious concerns" about the legality of
the FBI's use of the system, noting that the information provided by
the government thus far is so sketchy that understanding the technique
"defies the human experience of this Court."  He continued:
     In this new age of rapidly evolving technology, the court
     cannot make a determination as to the lawfulness of the
     government's search ... without knowing specifically how the
     search was effectuated.  This requires an understanding of
     how the key logger device functions.  In most, if not all
     search and seizure cases, the court ... understands the
     particular method by which the search is executed. ...
     Because of the advanced technology used the Court does not
     have the benefit of such an understanding.
The government had argued that revealing the details of the system
would jeopardize national security and endanger FBI personnel.  In an
affidavit filed with the court, Donald Kerr, the director of the FBI
laboratory, said "there are only a limited number of effective
techniques available to the FBI to cope with encrypted data, one of
which is the 'key logger system.'"  If investigative targets learn how
the system works, they could circumvent it, he said.
Selected court documents on the Scarfo case, including Judge Politan's
August 7 order, are available at:
[4] Judiciary Protects Privacy of Electronic Court Filings
The Judicial Conference Committee on Court Administration and Case
Management has released a recommended policy on electronic access to
court files.  The recommendation includes many protections to enhance
individuals' privacy with respect to personal identifiers that appear
in case files.  These identifiers, including Social Security numbers
(SSNs), dates of birth, and financial account numbers, are regularly
mined by information brokers who sell the information to private
investigators, law enforcement, and others.
The recommended policy includes provisions for notice to litigants of
the Internet accessibility of their case files and the need to redact
certain information through the use of court process.  Civil case
files will be redacted for personal data identifiers, including SSNs,
dates of birth, financial account numbers, and names of minor
children.  The Judicial Conference committee decided to delay
development of public remote access to documents in criminal cases, as
accessibility to these documents present safety and law enforcement
risks.  The body will re-examine the treatment of criminal case files
in the upcoming two years.  In regards to bankruptcy cases, the
committee recommended redaction of the SSN and account numbers.  In
addition, the body recommended an amendment to bankruptcy statutes to
allow for more liberal sealing of cases.
Many of the committee's recommendations had been suggested in EPIC's
formal comments filed with the Judicial Conference and testimony
presented to the committee with oversight of electronic case files
earlier this year.  EPIC recommended that certain sensitive personal
information should be redacted from civil case files.  Court officers
and litigants in civil cases would have access to the complete file.
In the context of criminal cases, the public would have access to the
indictment and final disposition of the court.  However,
pre-indictment information, unexecuted warrants, and presentence
reports would be limited to court officers and parties.  In the
context of bankruptcy files, EPIC advocated a system where sensitive
information would be segregated and collected on separate forms
protected from public access.
In September, the full Judicial Conference will meet and consider the
policy and its recommendations.
Report on Privacy and Public Access to Electronic Case Files:
EPIC's comments on electronic public access to case files:
[5] Tampa Narrowly Approves Face Recognition Spy Cameras
On August 2, 2001, the City Council of Tampa, Florida voted 4-3
against a motion requesting that the city terminate its contract with
Visionics, makers of the "Face-It" face recognition software installed
in cameras in the Ybor City district.  The vote allows the city to
continue using the Visionics system, which scans the faces of people
in public areas and compares facial features to those stored in a
database of mugshots.
Earlier this year, face recognition technology was surreptitiously
used to scan faces in this year's Super Bowl crowd.  Since then, there
has been much public opposition to the technology and other related
methods of surveillance, in Tampa and elsewhere.  Ever since June,
when the software and cameras were first installed in Ybor City, many
people have protested this technology by wearing masks and making
obscene gestures in front of the cameras.
Other U.S. cities have also been considering incorporating face
recognition technology as one of their law enforcement techniques. The
city of Virginia Beach recently received a $150,000 grant from the
Virginia Department of Criminal Justice Services and is now seeking an
additional $50,000 from taxpayers to put towards the installation of
this software at the oceanfront.  Virginia Beach police are especially
interested in using the technology to find criminals with outstanding
warrants, sex offenders, and missing children.
Opposition and privacy issues associated with the technology have
caused public officials to be reticent about using it.  The Tampa City
Council vote was not unanimous by any means, nor have public officials
in Virginia Beach shown strong support for installing face recognition
technology in their city.  Use of the technology was also considered
but ultimately rejected by the organizers of the 2002 Winter Olympics
in Salt Lake City, Utah.
One of the main privacy issues raised by face recognition technology
is that there is no regulation for how captured data is stored; who
has access to the information; and how long it is kept in the system.
Without regulation, those with access to the system have the potential
to abuse information in the system without accountability.  A number
of privacy groups and the International Biometric Group (an industry
group) have advocated protections in law for this data.
For the latest news and information on face recognition and related
surveillance technology, see:
[6] EPIC Bill-Track: New Bills in Congress
H.R.2615 Patient Privacy Act of 2001. To repeal sections 1173(b) and
1177(a)(1) of the Social Security Act, and for other purposes.
Sponsor: Rep Paul, Ron (R-TX). Latest Major Action: 7/24/2001 Referred
to House committee: House Ways and Means; House Government Reform.
H.R.2680 To authorize the grant program for elimination of the
nationwide backlog in analyses of DNA samples at the level necessary
to completely eliminate the backlog and obtain a DNA sample from every
person convicted of a qualifying offense. Sponsor: Rep Andrews, Robert
E. (D-NJ). Latest Major Action: 7/31/2001 Referred to House committee:
House Judiciary.
H.R.2720 To amend the privacy provisions of the Gramm-Leach-Bliley
Act.. Sponsor: Rep Markey, Edward J. (D-MA). Latest Major Action:
8/2/2001 Referred to House committee: House Financial Services.
H.R.2730 To amend the Gramm-Leach-Bliley Act to provide for uniform
national financial privacy standards for financial institutions, and
for other purposes. Sponsor: Rep Sessions, Pete (R-TX). Latest Major
Action: 8/2/2001 Referred to House committee: House Financial
H.R.2738 To amend title 5, United States Code, to clarify that all
protections offered under the Freedom of Information Act and Privacy
Act apply to members of the uniformed services to the same extent and
in the same manner as to any other individual. Sponsor: Rep Boucher,
Rick (D-VA). Latest Major Action: 8/2/2001 Referred to House
committee: House Government Reform.
H.R.2752 To protect school web pages from fraud and related activity.
Sponsor: Rep Ferguson, Mike (R-NJ). Latest Major Action: 8/2/2001
Referred to House committee: House Judiciary.
H.R.2778 To protect ability of law enforcement to effectively
investigate and prosecute illegal gun sales and protect the privacy of
the American people. Sponsor: Rep McCarthy, Carolyn (D-NY). Latest
Major Action: 8/2/2001 Referred to House committee: House Judiciary.
S.1253 Gun Sale Anti-Fraud and Privacy Protection Act. A bill to
protect ability of law enforcement to effectively investigate and
prosecute illegal gun sales and protect the privacy of the American
people. Sponsor: Sen Schumer, Charles E. (D-NY). Latest Major Action:
7/26/2001 Referred to Senate committee: Senate Judiciary.
S.1276 To provide for the establishment of a new counterintelligence
polygraph program for the Department of Energy, and for other
purposes. A bill to provide for the establishment of a new
counterintelligence polygraph program for the Department of Energy,
and for other purposes. Sponsor: Sen Domenici, Pete V. (R-NM). Latest
Major Action: 7/31/2001 Referred to Senate committee: Senate Armed
EPIC Bill Track: Tracking Privacy, Speech, and Cyber-Liberties Bills
in the 107th Congress, is available at:
[7] EPIC Bookstore - In Code: A Mathematical Journey
In Code: A Mathematical Journey, by Sarah Flannery with David Flannery
In this remarkable book, Sarah Flannery, an Irish cryptographer,
mathematician, and teenager, writes about a ground-breaking encryption
system that she developed, called the Cayley-Purser algorithm. The
system, which is a fast and secure public-key encryption system for
encoding data on the Internet, won Sarah the Irish Young Scientist of
the Year award in 1999, when she was just 16.  A security flaw has
since been identified in the system; however, this only caused Sarah
to work harder and conduct further research to try to find a patch for
the flaw.
"In Code" has been described as a fresh, modest, and inspiring account
of a mathematical education that offers many insights into
cryptography.  Sarah interweaves mathematical puzzles with a personal
narrative, making her story intellectual, engaging, and adventurous.
EPIC Publications:
"Filters and Freedom 2.0: Free Speech Perspectives on Internet Content
Controls," (EPIC 2001). Price: $20.
A collection of essays, studies, and critiques of Internet content
filtering.  These papers are instrumental in explaining why filtering
threatens free expression.
"The Consumer Law Sourcebook 2000: Electronic Commerce and the Global
Economy," Sarah Andrews, editor (EPIC 2000). Price: $40.
The Consumer Law Sourcebook provides a basic set of materials for
consumers, policy makers, practitioners and researchers who are
interested in the emerging field of electronic commerce.  The focus is
on framework legislation that articulates basic rights for consumers
and the basic responsibilities for businesses in the online economy.
"Privacy & Human Rights 2000: An International Survey of Privacy Laws
and Developments," David Banisar, author (EPIC 2000).
Price: $20. http://www.epic.org/phr/
This survey, by EPIC and Privacy International, reviews the state of
privacy in over fifty countries around the world.  The survey examines
a wide range of privacy issues including, data protection, telephone
tapping, genetic databases, ID systems and freedom of information
"The Privacy Law Sourcebook 2000: United States Law, International
Law, and Recent Developments," Marc Rotenberg, editor (EPIC 2000).
Price: $40. http://www.epic.org/pls/
The "Physicians Desk Reference of the privacy world." An invaluable
resource for students, attorneys, researchers and journalists who need
an up-to-date collection of U.S. and International privacy law, as
well as a comprehensive listing of privacy resources.
"Cryptography and Liberty 2000: An International Survey of Encryption
Policy," Wayne Madsen and David Banisar, authors (EPIC 2000).
Price: $20. http://www.epic.org/crypto&/
EPIC's third survey of encryption policies around the world. The
results indicate that the efforts to reduce export controls on strong
encryption products have largely succeeded, although several
governments are gaining new powers to combat the perceived threats of
encryption to law enforcement.
Additional titles on privacy, open government, free expression,
computer security, and crypto, as well as films and DVDs can be
ordered through the EPIC Bookstore: http://www.epic.org/bookstore/
[8] Upcoming Conferences and Events
Healthcare Transactions and Code Sets, Privacy, Data Security and
HIPAA/GLB Compliance: The Future of Technology, the Internet and EDI
in Healthcare. The Health Colloquium at Harvard and the HIPAA Summit
Conference Series. August 19-22, 2001. Cambridge, MA. For more
information: http://www.ehc-info.com/
Call for Committee Nominations - September 7, 2001. Study on Privacy
in the Information Age. National Research Council, Computer Science
and Telecommunications Board. For more information:
The Broadband Economy: The Emerging Market System in Bandwidth.
Columbia Institute for Tele-Information (CITI). September 14, 2001.
New York, NY. For more information: http://www.citi.columbia.edu/
Privacy Compliance. UC Berkeley Extension. September 18, 2001. San
Francisco, CA. For more information:
Key Drivers for 3G Wireless: Will 3G Deliver its Promise? Columbia
Institute for Tele-Information (CITI). September 20, 2001. New York,
NY. For more information: http://www.citi.columbia.edu/
WorkSurv: A Seminar on the Technical, Legal & Business Issues of
Workplace Surveillance. Privacy Foundation. September 25, 2001.
Denver, CO. For more information:
Health Information Privacy: Dialogue with the Stakeholders. Riley
Information Services, Inc. September 28, 2001. Ottawa, Canada. For
more information: http://www.rileyis.com/seminars/
Privacy2001: Information, Security & Ethics for the New Century.
Technology Policy Group. October 3-4, 2001. Cleveland, OH. For more
information: http://www.privacy2000.org/
Call for Proposals - October 15, 2001. CFP 2002: The Twelfth
Conference on Computers, Freedom & Privacy. April 16-19, 2002. San
Francisco, CA. For more information: http://www.cfp2002.org/
Privacy: The New Management Imperative - Chief Privacy Officer
Training Program. Southern Methodist University and Privacy Council.
October 15-17, 2001. Dallas, TX. For more information:
Nurturing the Cybercommons, 1981-2021. Computer Professionals for
Social Responsibility (CPSR) 20th Anniversary Conference and Wiener
Award Dinner. October 19-21, 2001. Ann Arbor, MI. For more
information: http://www.cpsr.org/
The New HIPAA Privacy Rule: Guiding Your Clients Through the
Implementation Process. Practising Law Institute. October 24, 2001.
New York, NY. For more information: http://www.pli.edu/
The Third National HIPAA Summit: From Theory to Practice - From
Planning to Implementation. October 24-26, 2001. Washington, DC. For
more information: http://www.hipaasummit.com/
The 29th Research Conference on Communication, Information and
Internet Policy. Telecommunications Policy Research Conference.
October 27-29, 2001. Alexandria, VA. For more information:
The 8th Annual Centre for Applied Cryptographic Research (CACR)
Information Security Workshop: The Human Face of Privacy Technology.
University of Waterloo and Information and Privacy Commission/Ontario.
November 1-2, 2001. Toronto, Ontario. For more information:
Workshop on Security and Privacy in Digital Rights Management 2001.
Eighth Association for Computing Machinery (ACM) Conference on
Computer and Communications Security. November 5, 2001. Philadelphia,
PA. For more information: http://www.star-lab.com/sander/spdrm/
Privacy: The New Management Imperative - Chief Privacy Officer
Training Program. Cambridge University and Privacy Council. November
5-8, 2001. Cambridge, England. For more information:
Learning for the Future. Business for Social Responsibility's Ninth
Annual Conference. November 7-9, 2001. Seattle, WA. For more
information: http://www.bsr.org/events/2001.asp
Information Operations: Applying Power in the Information Age. Jane's
Information Group. November 14-15, 2001. Washington, DC. For more
Call for Papers - December 1, 2001. 11th Annual EICAR & 3rd European
Anti-Malware Conference. European Institute for Computer Anti-Virus
Research (EICAR). June 8-11, 2002. Berlin, Germany. For more
information: http://conference.eicar.org/
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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,
e-mail info@epic.org, http://www.epic.org or write EPIC, 1718
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If you'd like to support the work of the Electronic Privacy
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Thank you for your support.
   ---------------------- END EPIC Alert 8.15 -----------------------