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FTC Abandons Call for Stronger Privacy Laws

Anonymous Coward writes: "Found this article on CNN explaining that the FTC has decided to not seek stronger consumer privacy laws in the wake of the events of last month. The article also details how several companies broke their own privacy policies by voluntarily giving customer data to federal authorities." The NY Times has an article about this as well, with a couple of good comments from interested parties.

24 of 188 comments (clear)

  1. Identity Theft by jiheison · · Score: 4, Insightful

    Given that the majority of these terrorsts were able to take advantage of exsiting flaws in the protection of privacy to travel under stolen identites, this is complete idiocy.

    Poor pricay does not equal greater security. Poor privacy means that authentication becomes more difficult.

    1. Re:Identity Theft by ergo98 · · Score: 3, Funny

      NO NO NO NO NO! You see terrorists use login nicks like "IMA_TERRORIST" and they like to have English conversations saying terms like "blow-up" and "assassinate", and they're just looking forward to the day that the US releases backdoored encryption protocols so they can dump all those stupid ultra-secure foreign ones like Rijendael to install the return-of-clipper.

  2. Another kneejerk reaction by Uttles · · Score: 5, Insightful

    "If the speech was delivered on September 10, it would have been viewed as a negative event in the privacy community," Ponemon said. "Now that it's delivered after the 11th, it's a crisis. It looks like we've lost federal government support."

    Never a more true statement than that one. It really is a shame that the end result of the terrorist attacks will be not only loss of life and property but also the loss of some important freedom. Dubya said it best himself when he said the terrorist attack was "an attack on freedom itself," and it seems as if the September 11 tragedy is only going to be used as a weapon in continued attacks.

    --

    ~ now you know
    1. Re:Another kneejerk reaction by A+Tin+of+Fish+Steaks · · Score: 3, Interesting
      I don't think the outlook will be necessarily as bad as you think. Take, for example, what the New York Times article said:
      Without the trade commission's support for legislation, several bills that are awaiting Congressional action are likely to lose momentum... That could open the door for stepped-up regulatory efforts in the states, many of which have moved aggressively on consumer privacy issues. That could create the very situation that some companies supporting regulation had hoped to avoid: a patchwork of conflicting state legislation.

      In a round about way that could be a good thing. A maze of conflicting local legislation, while a pain in the rear for business, could actually benefit the consumer. If businesses are unsure of what state's privacy laws apply in a particular case, they may have to adhere to the strictest ones by default in order to protect themselves. Thus resulting in better privacy for the public.

      Or maybe it's just the evil side of me that enjoys seeing life made difficult for companies that want to share my personal information with the world. ;)

    2. Re:Another kneejerk reaction by FFFish · · Score: 5, Insightful

      One begins to suspect that the men who run Al-Qaeda -- Osama bin Laden and Ayman Al Zawahiri -- are far-seeing geniuses.

      Their goal? Bring America to its knees.

      Now, how do you best accomplish that? Well, a good start would be to lead the US Government into recanting on the values that it has always proclaimed are the heart and soul of its nation.

      Is America really America when personal privacy and personal freedoms are obliterated?

      [and at the same time, one can easily argue that this all plays nicely into the hands of 'big business,' and only serves to further the push towards globalization, which is surely the last thing any mid-East terrorist could want!]

      --

      --
      Don't like it? Respond with words, not karma.
    3. Re:Another kneejerk reaction by Jah-Wren+Ryel · · Score: 3, Insightful
      and at the same time, one can easily argue that this all plays nicely into the hands of 'big business,' and only serves to further the push towards globalization, which is surely the last thing any mid-East terrorist could want!

      Unless you are a middle-east terrorist with a net value of 100's of millions of dollars and corporate holdings world-wide. Then this might be exactly what you want.

      --
      When information is power, privacy is freedom.
  3. Who you give the info to... by Red+Aardvark+House · · Score: 5, Interesting

    From the article:

    In many cases, Ponemon said, the companies sent the information on their own initiative in order to assist the terrorism investigation. Some firms, such as airlines and car rental agencies, are breaking their privacy policies by sharing data to analyze suspicious activity.

    I'm no expert on corporate privacy policies, but isn't there some sort of force majuere clause about giving information to law-enforcement authorities under extraordinary circumstances? Unlike info sharing between companies, law enforcement will not sell the data, spam or make marketing calls during dinnertime.

    Sharing data between corporations though should be a violation of privacy, since they are not proper law-enforcement authorities.

    And what will they do with those lists when the companies are done investigating?

    --

    I like fire ants. They are very spicy!

    1. Re:Who you give the info to... by SteveM · · Score: 5, Insightful

      Maybe what you say may happen, if you did something wrong. Otherwise, it's "Move along, nothing to see here".

      Perhaps you've heard of McCarthyism? If not check it out. Simply because one was suspected of associating with someone who exercised their free speech rights to support communism led to real consequences in one's life. Like loss of their job and inability to find work. Civil rights trampled to fight the red menance.

      Perhaps you are aware of the practise during world war two of rounding up American citizens of Japanese decent and putting them in interment camps. If not you should brush up on your history. Civil rights trampled because of a knee jerk reaction.

      Perhaps you've heard of J. Edgar Hoover, former director of the FBI? If not you may want to look him up. Kept files on politicians, celebraties, civil rights leaders, and more. Apparently wasn't afraid to use this info to get what he wanted. Civil rights trampled for personal power.

      Perhaps you've heard of Richard M. Nixon? If not, do a little research on something called 'Watergate'. Seens Tricky Dicky had no qualms about using any info he good get to further his political ambitions. Civil rights trampled for political power.

      Have you noticed a theme here? People who did nothing wrong suffering real consequences of those in power.

      Government is made up of humans. Humans tend to focus on their own self interest. The writers of the US constitution recognized this and did tried to build safeguards against governmental abuse of power. Because they knew power would be abused. So they built in the checks and balances of three branches of government. And they penned the bill of rights to limit what government could do to individuals.

      Now we again have calls for restrictions on civil liberties. I'm sure that the people asking for them believe that they are doing the right thing. They have a job to do and they want to do it well. They, like you, feel that those who have done nothing wrong have nothing to fear.

      As the examples above show, they are wrong.

      I believe it was Ben Franklin who once said, "Those who trade liberty for security wind up with neither."

      I'm not willing to trade.

      And yes, I know people directly impacted by the events of 9/11/02001.

      Steve M

    2. Re:Who you give the info to... by Mr.+Slippery · · Score: 3, Insightful
      Maybe what you say may happen, if you did something wrong.

      It can also happen to you if you've done nothing wrong. Or even illegal. (The two are not synonymous, you know.)

      You need to pay more attention to history. The Fugitive Slave Act. The Palmer raids. Concentration camps for Americans of Japanese ancestry. COINTELPRO. Blitzkrieg-style "no-knock" anti-drug raids. Waco.

      Innocence is no protection when governments go bad.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    3. Re:Who you give the info to... by Pope · · Score: 3, Informative
      Their civil liberty rights were not trampled because of a knee jerk reaction, but for their own safety. I'm not saying what happened was a-ok, but there was definite good motivation behind it.

      Wrongo! They were forcibly removed from their homes and businesses, and forced to sell or abandon that property. Most returned to their old neighbourhoods and found their homes and businesses occupied by others who had bought them. That, my friend, is the crux of the argument.

      --
      It doesn't mean much now, it's built for the future.
  4. Anyone interested in retaining their rights by The+Slashdolt · · Score: 4, Informative

    Should read this and sign the petition.

    Stand up for your rights!

    I have been trying to submit this article for the last few days and it's been rejected every time. Please take the time to read it. It is an important piece.

    --
    mp3's are only for those with bad memories
  5. Easy Answer by PinkStainlessTail · · Score: 3, Funny
    Ponemon, a privacy consultant, said he has been contacted by many companies -- such as banks and a national supermarket chain -- asking how they should tell consumers that they gave huge swaths of consumer data to law enforcement.

    In the case of the supermarket chain it's pretty simple: "Hi. You know that personal information you were stupid enough to give us? Well, now the feds know how many ho-hos you ate last month. Fatty."

    --
    "Slashdot is about legos and staplers." -Cmdr. Taco
  6. Summary of events, in C by jd · · Score: 4, Interesting
    #undef PRIVACY
    #define PRIVACY(information) HANDOVER(information)


    Seriously, this isn't going to solve any problems. The only reason the September 11th stuff plays into this at all is that it allows sales departments to pressure the US Government into abandoning any attempt to protect privacy.


    (There is nothing better than an exploitable tragedy to persuade people that the unacceptable is not only acceptable, but actually desirable.)


    Potential consequences: Isolation of the US, which would be in violation of EU privacy law. Decreased trust in the political system, even though this kind of move really only benefits commercial organizations. Security forces have no means of handling the information flow they DO have, already. Nor is that likely to change for the forseeable future.


    Long-term results: The US will be ruled by spammers, the RIAA, the MPAA, AOL, Microsoft and other corporate entities with the money to blow on trading other people's private lives. The Federal Government can't exist in such a space, and given that the voting is so abysmal, it might well fade to black within the next 10-20 years. All trade will be internal US or with Japan. All ties to Europe will be cut, over time, as the little privacy that exists in the US vanishes.


    Eventual results: The US, having essentially destroyed itself, will become largely wasteland. Ironically, the people most likely to survive such a catastrophic collapse are members of the Taliban in the US. In short, in 3001, America may well become Talibania, all through short-sighted money-grabbing (but unquestionably skilled) manipulation of public opinion, in a purported effort to defeat the very people we're handing the country over to by going with it.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  7. Ongoing concerns by jgman · · Score: 3, Informative

    The aftermath of the Sept. 11th tragedies will be felt by the United States for years to come. My greater concern at this point is the effort Attorney General Ashcroft is exerting to pass an anti-terrorism bill. His requests would give considerable leeway to the gov't regarding electronic surveillance and wiretaps, continue the use of secret evidence and give much more leeway in obtaining warrants. Under his proposal immigrants could be detained without judicial review or consent. The requests which he has made would put a considerable dent in the 4th amendment and other parts of the Constitution.

    While steps need to be taken to ensure terrorism does not occur in the United States, to do so at the expense of our civil liberties is unacceptable.

    --
    This is not the sig you are looking for...
  8. Re:Freedom? by gwernol · · Score: 4, Insightful

    Bush constantly describes the terrorist attacks as being "attacks on freedom". Apparently, what he envisions as a free state is a 1984-esque totalitarian society, except that one can vote between two candidates who barely waver on the issues, and carry a gun. Is this really the only freedom we should be fighting for, and should we be prepared to give up all our other freedoms to try to kill bin Laden?

    Have you ever read 1984? The restrictions on freedom that have been proposed don't come close to that. "Totalitarian" is completely the wrong word to use here, America isn't about to become anything like a totalitarian state.

    Overstating the case like this does a huge dis-service to those who are making a serious effort to limit any loss of freedom. People out there aren't stupid - they know that the changes that are being proposed aren't leading to a totalitarian state. If you make these kind of obviously false and hysterical statements then it is easy for people to dismiss everything you say as nonsense.

    If you want to have a serious voice and to influence the argument, then tone down the rhetoric and focus on the specifics of the proposals. Fight against those that are unneccessary and over-restrictive. Support a few, well-targeted changes to the law that will actually help fight against terrorism (if there are any). Make sure that any changes made have a suitably short time limit built into them, to guarantee that any loss of freedom is a temporary setback not a permanent change to America. That way you will have a real impact.

    Flailing madly at windmills is only going make people dismiss all of your views, even the legitimate ones...

    --
    Sailing over the event horizon
  9. Ahem, did we just skip this part? by M_Talon · · Score: 4, Interesting

    From the article:
    Muris will instead increase the staff working on privacy issues by 50 percent, according to sources familiar with the chairman's plan. The extra people is to enable the commission to police more Web sites and bring lawsuits against violators.

    He also plans to target mass e-mail, also known as spam, sources said. The FTC will create a national list of companies that are bothering consumers by sending excessive amounts of unwanted commercial e-mail.


    Sounds like he's more interested in taking action than messing with bureaucratic legislation that will get thumped apart by lobbying forces. It may not be the best course, but it's better than doing nothing. It's also most assuredly better than saying he's laxing up on privacy issues at all. I know we're all eager to scream and yell about privacy laws or the lack thereof, but I interpreted the article in a different light. Sometimes it's best to analyze a statement before going off half-cocked on how the world's going to hell.

    --
    Electronic Frontier Foundation for online civil rights information
  10. Re:the real reason nobody likes this by bartle · · Score: 4, Insightful

    i don't see how the "if you're not doing anything wrong, you've got nothing to hide" argument can hold weight with anyone, possibly excluding some of the clergy, because 99.99% of the population is probably doing something illegal fairly regularly.

    I agree with this sentement. The problem is that our laws were written with the assumption that they couldn't be enforced 100% of the time, so better to make them too broad. There are far too many laws on the books that simply aren't enforced; it is inevitable that someone is going to break one without even knowing about it.

    The scary bit is that we're entering a time when technology will make 100% enforcement of certain laws feasible. Photo radar is a good example of this, many cities are on their way towards detecting every time someone runs a red light or accelates beyond the speed limit.

    The point is, we can't be applying modern technology to broad laws or we really will be in trouble. I think technology can provide some nice improvements in how laws are enforced, but the laws themselves will have to rewritten first.

  11. the FBI and FUD by motherhead · · Score: 4, Insightful

    Fundamental to the American philosophy is that the United States was born from the chaos of feudal, tyrannical European governments. That governments (by nature) are predisposed to tyranny and that we must be ever vigilant to insure our Great Experiment never falls to it.

    The problem it seems most of us have with all this anti-privacy legislations and initiatives, is that we are all dubious as to how these new laws would/could be applied to protecting this nation from harm. Moreover we are conditioned by our history and by our civics education that all invasive legislation is by default, suspect.

    So what our lawmakers need to remember is our Ben Franklin. Benjamin Franklin was of the opinion that the public would not scoff at higher taxation as long as the government demonstrated where and how the money was spent. (i.e., better roads, lighted streets, etc... etc...)

    Honestly, if I were presented with data that clearly and comprehensively demonstrated how new electronic surveillance/internet snooping laws would protect and save thousands of American women and children. Well I would have no recourse as a good citizen not to support it fully.

    Show us how this legislation will protect our liberties instead of supplanting them. And it better be a fine presentation. Assure us that like, wire tapping of phone, the Constitution and the Supreme Court will be intrinsic to the exercise, constantly monitoring for abuse.
    Then demonstrate boldly and inarguably how without these laws we are vulnerable.

    Only then will the specter of George Orwell and Joe McCarthy be dispelled.

    My guess is that they can't do it. They cannot demonstrate clearly how the lack of these new laws imperils our citizens. It is momentum that is driving this train. I resent as well as we all do that the fed are using FUD to ram these laws under-inspected and under-debated.

  12. Meanwhile... by Anonymous Coward · · Score: 4, Insightful

    ...our government, and its wholly-owned subsidiary (NATO), are demanding even more privacy. We are about to attack Afghanistan based on secret evidence. Read any quote by Colon Powell or any other talking head from the last few days: plenty of "strong belief", "extremely likely", "probably", etc... If Osama ibn Laden is indeed guilty of the attacks and the Taliban was indeed fully aware and complicit, then what will our government risk by full disclosure of all evidence? It's not like we are going to bring him here and give him a free trial.

    No one should believe a word Bush says, considering that he has lied about when he quit drinking, lied about his favorite book, and told numerous other lies--all that just to get elected. His inheritance will continue to grow as long as there is plenty of cheap oil to keep Americans' SUVs full of cheap gas.

    Most Afghanis are extremely poor and have no idea what the hell this United States of America is. Shall their introduction be a bombing campaign?

  13. Re:He's gonna stop SPAM!!! by Tackhead · · Score: 4, Informative
    > I'm unaware of how any of these things destroy his credibility - note that the national list is opt-in, and participation in it is totally voluntary on the part of the consumer.

    Against telemarketing, it might work.

    Against spam, do a keyword search for "Global Remove List".

    It's been tried before - run by the spammers, who used it to find valid email addresses and subject them to more spam.

    SafeEPS, by Al Joffee, a DMA guy, but otherwise reputable anti-spammer, who figured out how to do it in a way that was privacy-friendly. But nobody else in the DMA wanted that, because it allowed domain-level opt-out.

    The DMA was offered SafeEPS for $1.00, but the DMA decided no, better to do it the DMA's way. Which begat the current One True Remove List for spam, namely e-MPS.

    (The full SafeEPS/e-MPS story here)

    A "global remove list" won't work against spammers for the same reason that government backdoors in crypto won't work against terrorists - because the terrorists won't use backdoored crypto, and the spammers don't give a rat's ass about a government-required opt-out list. (When was the last time you got spammed for anything that wasn't a fraud, con game, quack medicine, or pyramid scheme? That didn't involve "relay rape", or the unauthorized use of third-party open relays? These people are already breaking laws, one more won't stop them.)

    Global Remove Lists have been tried since 1997. Every one has been a spec-fucking-tacular failure.

    Anyone who believes that a "national opt out" list for spam" is a viable solution in 2001 - has about as much credibility on the issue as Osama Bin Laden would if applying for the Nobel Peace Prize.

  14. At least the Bush administration is consistent.... by Dr.+Blue · · Score: 3, Insightful

    Gee, who is surprised? After all, protecting privacy might get in the way of some company making more money. And items 1 through 10 on Bush's list of priorities are all "See that companies can make as much money as possible."

    Alaska environment vs. ability of companies to make more money? No contest. Arsenic in drinking water vs. ability of companies to make more money? No contest. Anti-competitive practices of Microsoft vs. their ability to make more money? No contest.

    Has there been ANY decision that the Bush administration has made that hasn't come down on that corporate side of things? Individual rights and the environment are not only taking a back seat, but they're back there in the trunk, locked up tight. The next 3 years are going to seem like a really long time, people....

  15. Re:the real reason nobody likes this by Tackhead · · Score: 5, Interesting
    > 99.99% of the population is probably doing something illegal fairly regularly.

    "Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

    p.411, Ayn Rand, ATLAS SHRUGGED, Signet Books, NY, 1957

    Reposted under what I believe in good faith to be fair use.
  16. Re:Privacy? Who needs it? by jazman_777 · · Score: 3, Insightful
    Believe me, if it was Clinton or Gore you would see far more intrusion than you see now.
    Democrats were and still are the force behind continuous growth of the governmental powers.


    Used to be the Dems were the party of Big Government, and the Repubs were the party of Big Business. But both together are the party of Multinational Corporatism.

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  17. Re:the real reason nobody likes this by SteveM · · Score: 3, Insightful

    Here are some things that are legal (in the USA), but many people wouldn't want generally known about them:

    Having an abortion.
    Viewing pornographic videos.
    Being an athiest.
    Being a homosexual.
    Seeing a psychiatrist.
    Being a member of the communist party.
    Needing Viagra.

    I'm sure you can find other examples.

    There are other things you might not want generally known. Again, I'm sure this is an incomplete list.

    Being arrested for drunk driving.
    Being a recovering alcoholic.
    Having served time in jail.
    Having AIDS.
    Not being able to read.
    Having had a sex change.
    Having been bankrupt.

    Most people don't like this because they believe, as do I, that as long as they don't break any laws it is (with few exceptions) nobody's damm business how they live their lives.

    Steve M