State Cannot Force Removal of SSNs From Privacy Advocate's Site
jvatcw brings us a story about Betty Ostergren, who operates a website dedicated to pointing out the social security numbers visible in public records. The purpose of the site is to raise awareness of privacy concerns regarding the personal information shared in Virginia's governmental websites. Legislation was introduced in Virginia to combat Ostergren's website, but last Friday a judge shot down the attempt to censor her, writing, "It is difficult to imagine a more archetypal instance of the press informing the public of government operations through government records than Ostergren's posting of public records to demonstrate the lack of care being taken by government to protect the private information of individuals."
Can the states force the credit reporting agencies to allow citizens to lock their credit reports? The whole idea of identity theft is crazy - it could be trivially fixed with one-time passwords that people give out only when they need to.
But then we couldn't make money on credit monitoring services, now, could we?
More
I wonder, if it was a newspaper or CNN doing this, if this would have ever gotten that far.
1. Find SSN in public records.
2. Post them on your own site.
3. ???
4. Profit!
Maybe another way to get ppl's attention is to post on utility poles?
How refreshing it is to see judges finally waking up to the abuses our government is making. In the past year the judicial branch has made me want to stand up and cheer, with the pushback against the Bush administration and now--here--trying to stop legislatures from hiding their mistakes.
In other news, the IRS reports that they are finally cracking down on long-time tax evader Betty Ostergren for failure to report as income the $10 her grandmother gave her in a birthday card in 2005. Ms. Ostergren faces up to 10 years in prison and a fine of $300,000.
I'm a big tall mofo.
How do they get away with not hiding these numbers. People get their lives torn to shred, their credit smashed, debt accumulated because someone steals their SSN and information. I thought you weren't even supposed to carry your social security card around with you just in case you lose your wallet/purse, yet the state of Virgina doesn't deem it necessary to hide these? WHY DO YOU THINK THEY ONLY AS FOR THE LAST 4 OF YOUR SOCIAL AS VERIFICATION? Come on people, let's stop being retarded.
Anything and Everything about the Net
So to combat the stupidity of the State of Virginia, She goes on a tear of Stupidity of her own?
The next law the State of Virginia should pass in this vein is one that makes it a felony to post SSN's in public.
Can the states force the credit reporting agencies to allow citizens to lock their credit reports?
http://www.google.com/search?hl=en&q=how+to+freeze+credit+report
This is already available, and it's free. Just like opting out of marketing offers.
I'm a big tall mofo.
demonstrate the lack of care being taken by government to protect the private information of individuals."
Why is a social security number, a number that helps the social security administration track payments, 'private information'?
Isn't that the bigger problem? Instead of spending more and more money to hide this number (or blame companies who lose such data), intelligent people should be asking why this number should be private.
Yes, the judge is right about this one. Censorship of this type is the classic way that government can sweep the bad things it does under the rug. We have to always keep in mind that "the government" is not some sort of ethereal force out there. It's a bunch of guys (and women) who happen to have been placed in a position of power, whether it's someone elected to office or that clerk at the local [insert government office here] who likes to be a jerk and inconvenience people because it gives him a power trip to feel like he's the king of some tiny kingdom. We always have to remember that. Just because someone is in "the government" does not make that person special or give that person any special rights whatsoever. Thus, the judge should not do anything about that website, but should force the government to fix its problems.
McCain/Palin '08. Now THAT's hope and change!
Good for this judge. A good and correct verdict.
Uhm... I got caught down in Maryland years ago. I was under age, got fined and never paid the ticket.
Well I start looking through the records on one of the site she lists, and lo-and-behold, there I am. Active Case. 'Failure To Show'
Shit.
The problem is that we tend to assume that SS# is "private". It isn't.
We (collectively everyone) ought to just assume that our SS# and lives are being tracked, because we are.
I live my life as if I'm being tracked. I don't own a Credit Card because of it. I don't want my purchases being tracked and traced. I pay cash, which is getting harder and harder to do.
And that stupid VISA commercial where everything stops when a person uses cash, is not helping.
And the loss of community has really pushed the anonymity movement. In days of old, you had to have a "relationship" with the people who bought and sold. Somewhere along the way, that was lost in favor of cheaper prices. We have, collectively, started to see the repercussions of this throughout society.
Now, to buy big ticket items, all you need is a fake ID, a Good SS#, and be gone, and nobody seems to care that we've lost the humanity in the process.
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
Instead of playing whack-a-mole-legislation with reporters and privacy advocates that point out problems, wouldn't our lawmakers efforts be better directed to fixing the privacy holes?
Someone has blown the whistle and turned on the flashing yellow klaxons to alert Virginia citizens and lawmakers to shoddy privacy practices. She's not trying to profit, she's probably not even trying to benefit from this work (except, perhaps in a very professional way). This woman is doing her civic and professional duty to solve what she sees as a problem.
Because she has no direct method for solving this problem, her only recourse is to alert her lawmakers and hope they fix the gigantic hole. Instead of whacking her with legislation, they should be carefully crafting legislation that provides guidelines and most importantly REAL FUNDING to help secure personal informaiton.
This one's tricky. You have to use imaginary numbers, like eleventeen... --Hobbes
To take a simple example: until 5-10 years ago, it was common to list SSNs in divorce filings. Get divorced and your SSN was listed in the filings, which are public records and can be looked at by anyone. Even today, in some states, you have to file a motion to have the SSN suppressed from the public version (routinely granted, but still it illustrates how common SSN publication is).
Publishing SSNs found in public certainly advertises the problem, but it also creates problems for innocent, even cautious people who have no way of fixing them.
Of course, the real problem is why we have tied so much personal information to a single government-issued number...perhaps because it's the only nationally unique identification number issued by the Federal government...
Advice: on VPS providers
No, I do not know of any state where you can get a free credit freeze. Here's a guide. For the exception of GA where it's now $3, you will be charged $10 for each credit bureau to freeze your credit and charged to unfreeze it.
And you have to do it for each credit bureau.
Uh, here's a tip people. To get a free credit freeze, all you have to do is say that you suspect identity theft.
Just like you used to say to get a free credit report before the annual one came out.
Get with the program... Paying $10 to freeze your credit report is for suckers!
I have seen folks who had credit opened in their name WITHOUT the crook using the SSN!
And, I attended a seminar with someone from Equifax. It is VERY common for another person's debt to be on your credit history - even though the SSNs are completely different. How? It happens the most to folks with very common names: example, Smith, Johnson, Andrews, etc....
Our credit system is a huge inaccurate mess. That's why it is extremely important to monitor your credit or, even better, freeze it.
Cute, but completely impossible scenario.
I bet you're a sack of laughs at the movies.
"Exhilarating, but the laws of physics make such a maneuver impossible."
"Attractive, but you can clearly see airbrushing on the frames."
"Funny, but technically soda doesn't follow that trajectory when coming out one's nose."
The government doesn't want t have to fix their problems, that means more work. So let's just cover it up!
That horse is well out of the barn. They're widely available anyway. The real problem is that people accept "knowledge of SSN" as authentication, not that SSNs get disclosed. Fundamentally, your SSN is your (disambiguated) name, and we don't expect names to be kept off public records.
What should be done is legislation to require better authentication.
It is stated quite clearly for the vast majority of states that a credit freeze is free for victims of identity theft. e.g.
Iowa
Iowa is one of the few states that has not passed a law requiring the availability of the security freeze. Consumers may use the voluntary program.
Eligibility: All Consumers
Fees: No fee for identity theft victims. All others pay $10 to place, temporarily lift, or remove the freeze altogether.
The government should redefine the word "privacy". Either reduce the power of the SSN or restrict the use of SSN in instances where it could lead to problems with public use.
And oh, make it illegal for programmers to include SSNs in SQL statements like "select * from records where ssn='xxx-xxx-xxxx'" and pass it through the URL.
We already have a LifeLock guy who goes around trumpeting his SSN and in spite of all his yak and promises, it gets abused. We don't need more people abusing SSNs this way, especially when its not theirs.
slashdot rocks
I don't think that's quite the way to go about it, but I think it would be good to start by outlawing (with penalties this time) its use for anything other than, you know, Social Security.
But we're just getting started here. Once the SSN has returned to the single use for which it was created, we need a vastly more secure system to replace it. Not a national ID number, but a transparent, authenticated system of personal financial metadata kept in a vault maintained by a consortium of Experian, TransUnion, and Equifax, under tight regulation by the feds.
Users would always be able to securely check the entirety of their personal data to ensure its correctness, would have a federally-mandated path of action to contest errors, and would have a simple method of offering disposable keys to financial institutions to verify their credit history.
Your mind is clear / The things that you fear / Will fade with how much you / Believe what you hear
OK, so he properly ruled that she can list records that are already publicly available. Good for him. Then I read this amazing piece of idiocy:
He noted that the ruling may have been "very different" if Ostergren only listed Social Security numbers copied from records rather than the records themselves.
What?!?!? It's OK to show the whole record, but not part of the record? What the hell is the difference? The record already has the SSN in it.
I didn't pay any credit cards for a year, now I have an old fashioned credit freeze.
Another lie I've seen pushed by the credit card companies is that it's quicker to pay by card than cash. This is an out and out lie, the companies prefer card as it stops the cashiers having to handle cash. Fair enough, if you buy a tin of beans with a high demonination note, it may take a while, but it's still quicker than some of the card terminals I've had to use. Also I prefer the whole "Most of my money is kept secret by this number I don't use too often" over "All my money is protected by a number I use everyday".
I actually laughed out loud.
I'm a big tall mofo.
Yeah, I know. Data isn't plural for anecdote, but here comes one anyway.
The Philadelphia Inquirrer claimed I owed them $38 (I didn't). They had a collection agency send me a letter. I simply shot a letter back to the collection agency that I in fact, do not owe the newspaper anything and to never contact me again.
I checked my credit, and nothing showed up. If something does, you have the right to challenge it. The creditor has, by law, either 10 days to either prove their case or to expunge the record.
Er, I'd really like to retract this post. It's not insightful, it's me not being awake and not RTFA. So this will probably be a /. first, but I would request someone to mod my own post (the one above) "overrated." She's not doing this to private citizens, the SSNs are already online, this doesn't seem like a bid for attention now that I have the facts straight.
I'm not sure why you can't delete your own post, but there should at least be a "mod my own comment down to '-1: redacted'" option.
as Betty Estrogen. Time for some inPrivateBrowsing I guess...
It's high time the government simply published all SSNs. We are constantly forced to hand our SSNs over to banks, employers, phone companies, doctors, insurers, etc, and we have no way of knowing how many people have access to them. SSN is just an account number, but it's being used both as a unique identifier for individuals and as an authenticator, mostly because financial institutions are too lazy to develop their own authentication system. What's more, substantial parts of SSN are predictable with decent confidence given knowledge of a person's approximate place and time of birth. Meanwhile, SSN is next to impossible to change, so once it's compromised you're permanently screwed. It should be obvious that using SSN as an authenticator of any kind is pathologically stupid. It lacks every property good authenticators should have.
SSNs are not secret. Let's stop pretending that they are.
>"It is difficult to imagine a more archetypal instance of the press informing the public of government operations through government records than Ostergren's posting of public records to demonstrate the lack of care being taken by government to protect the private information of individuals."
A ****ing men. This is a judge that knows what's up.
I love what Betty Ostergren is doing. I've been a fan of hers since a few years ago when she was on 20/20 (I think) and they went over what she is doing. Arizona and Florida immediately started programs to black out people's SSN's on their public records when they saw her site. I guess Virginia would rather expose it's citizens to ID theft and try to squelch Betty than fix the problem.
This is probably the biggest source of SSN's used for ID theft, and Betty is doing something about it.
BRAVO!!!! I'm glad nobody has shut her down yet.
-Viz
Don't kid yourself. It's the size of the regexp AND how you use it that counts.
Such a new financial unique identifier number is coming soon, just as you described.
The Bible (Revelation 13:17) says that there everyone will need a mark or a number, without which you will not be able to buy or sell anything.
are public information. It's that way by design.
It's the people that sue them for other things that area at fault. THEY need to change.
Changing them to be private can not work by their nature. You should not be calling for people to 'protest' them, you should be calling for a stop to their improper use.
The Kruger Dunning explains most post on
* A concerned citizen found SSN Numbers in public that the goons government didn't care to protect.
* Government goons ignored her when she brought this to their attention (over several years).
* She then created a website to expose this act of government incompetence to the public. She posted SSN number of people like Colin Powell and Jeb Bush.
* The Government goons intended to crack down on her and make the act of exposing their incompetence illegal. Essentially saying that it was illegal for her to do exactly the same thing they were already doing, and were undoubtedly going to continue to do.
That is insane
No longer is government concerned with addressing problems it has, now it wants to shut people up who air their dirty laundry. This is *exactly* like the MIT Subway hacker case. This lady is a hero, Government MUST be accountable for its actions when they are operating in error.
Bringing liberty to the masses. - http://freetalklive.com/
You'll dispute it and have it removed despite their presumed (and not stipulated) "unwillingness", as it is the reporting agencies who make the final decision and they are legally exposed if they don't.
They get nothing from the person who makes the false claim, and have no exposure if they choose to side with you and not list it. If they side against you and they're wrong, they can be sued.
So, the idea you're trying to sell us is that a company that has no incentive at all to side with a merchant who reports inaccurate data, will do so anyway, while refusing to correct that inaccurate data despite the fact that they will expose themselves to a lawsuit by doing so.
Logic, and experience, say that doesn't add up.
To quote LongNoi "QZTR was right and won't leave me alone because I called him a moron when I was wrong" FYS
With apologies to Robert Asprin, who wrote the novel of the same name...
While theft of financial records and the passwords to those records and accounts is a reality that allows people to pose as others, the theft issue, as noted by others, often completely ignores the responsibilities of the financial institutions and credit-issuing firms to PROTECT that data in a pro-active, positive and effective manner.
If penalties were assessed to these institutions that were equivalent to the losses suffered by the victims of these crimes where the lack of protection of data is demonstrable, and, further, damages in addition to the losses suffered by the individual victims also assessed in each case, I believe we would see the security leaks get plugged VERY quickly!
Back in Gulf War I (the big one) we had our family, gf's and penpals write our service number in the address. This came down from the big kahuna postmaster in the theater. Of course, for US citizens, our SSN was our service number. No one made a fuss about it then. It was when businesses started using it as authentication that identity theft became rampant. The solution has been around for years -- notaries.
By activist judges, we don't mean "judges who are doing their job and objectively ruling on law". You are right, that is the judicial branch's job.
Rather, the title of activist judges is reserved for judges (some appointed by political leaders) who start inserting their own bias and ideological beliefs into their interpretations. There is a big difference between intellectual disagreements about law and outright manipulation of the law. Everyone is for a good discussion about interpretation with real dissenting viewpoints. The problem is that there is always someone who wants to abuse that banner and start promoting their own (usually extreme) interpretations. No one would argue that judges have the power to do this. We grant them exceptional power but in return, we ask they be impartial and objective.
Well -big shocker- not all of them are. To claim otherwise is totally ludicrous. They are human, after all.
Yes, yes, there are activist judges out there. Not the majority, I am sure. But enough of them to matter.
on one years' salary if you're on the average US or whatever wage?
Either you get a loan or you don't buy your house and rent.
"It is difficult to imagine a more archetypal instance of the press informing the public of government operations through government records than Ostergren's posting of public records to demonstrate the lack of care being taken by government to protect the private information of individuals."
Skrew 3 times.. try saying that really fast ONCE!
But at least someone in the government has a brain.
"It's not like your minds are as open as the source you love..." - Me to the majority of Slashdot.
All my transactions are performance art - and I don't release the copywrite for derivative works!
...Microsoft to me.
For those who didn't check out the site Virginia Watchdog linked in the article -- I think by posting the SSNs of people ranging from some county executives, Florida SOS Browning, former CIA director Porter Goss, Jeb Bush, and Colin Powell to Tom Delay (and so on), the site's author makes it plain: the situation is pretty crazy, with many counties all over the US publishing these misguided identifiers.
The privacy laws in Finland make it illegal for businesses to use the SSN as a database key because it would make it technically too simple to join tables. That's why the businesses must have proprietary customer numbers of their own.
When oh when oh when are all these people who use SSN's going to wake up? I mean, damn, how many times do these morons who use SSN's as their clients' account numbers at the same time running totally insecure jokes of a network end up leaking this information & screwing over their clients. This cost is then borne by all of us, by the government (read: all of us), for a number that was designed to distribute social security payments & NOTHING else.
The State of Virginia ought to be ashamed of itself.