Hacker 2/HACKER2.mdf/cud/cud525a.txt

Text File | 1995-01-03 | 6KB | 148 lines

Date: Fri, 26 Mar 1993 17:03:43 EST
From: Marc Rotenberg <[e-mail]>
Subject: File 1--CPSR Wins SSN Privacy Case

                      CPSR Wins SSN Privacy Case

PRESS RELEASE

March 26, 1993

"FEDERAL APPEALS COURT UPHOLDS PRIVACY:
USE OF SOCIAL SECURITY NUMBER LIMITED
                  - - - -
CPSR Expresses Support for Decision"

A federal court of appeals has ruled that Virginia's divulgence of
the
Social Security numbers of registered voters violates the
Constitution.  The Court said that Virginia's registration scheme
places an "intolerable burden" on the right to vote.

        The result comes nearly two years after Marc Greidinger, a
resident of Falmouth, Virginia, first tried to register to vote.
Mr.
Greidinger said that he found it nearly impossible to obtain a
driver's license, open accounts with local utilities or even rent
a
video without encountering demands for his Social Security number.

        Mr. Greidinger told the New York Times this week that when
the
State of Virginia refused to register him as a voter unless he
provided his Social Security number he decided to take action.  He
brought suit against the state, and argued that Virginia should
stop
publishing the Social Security numbers of voters.

        This week a federal appeals court in Richmond, Virginia
ruled
that the state's practice constituted "a profound invasion of
privacy"
and emphasized the "egregiousness of the harm" that could result
from
dissemination of an individual's SSN.

        Computer Professionals for Social Responsibility (CPSR), a
national membership organization of professionals in the computing
field, joined with Mr. Greidinger in the effort to change the
Virginia
system.  CPSR, which had testified before the U.S. Congress and the
state legislature in Virginia about growing problems with the
misuse
of the SSN, provided both technical and legal support to Mr.
Greidinger.   CPSR also worked with Paul Wolfson of the Public
Citizen
Litigation Group, who argued the case for Mr. Greidinger.

        In an amicus brief filed with the court, CPSR noted the
long-standing interest of the computing profession in the design of
safe information systems and the particular concerns about the
misuse
of the SSN.   The CPSR brief traced the history of the SSN
provisions
in the 1974 Privacy Act.  The brief also described how the
widespread
use of SSNs had led to a proliferation of banking and credit crime
and
how SSNs were used to fraudulently obtain credit records and
federal
benefits.

        CPSR argued that the privacy risk created by Virginia's
collection and disclosure of Social Security numbers was
unnecessary
and that other procedures could address the State's concerns about
records management.

        This week the court of appeals ruled that the state of
Virginia must discontinue the publication of the Social Security
numbers of registered voters.  The
 court noted that when Congress passed the Privacy Act of 1974 to
restrict the use of the Social Security number, the misuse of the
SSN
was "one of the most serious manifestations of privacy concerns in
the
Nation."

    The Court then said that since 1974, concerns about SSN
confidentiality have "become significantly more compelling. For
example, armed with one's SSN, an unscrupulous individual could
obtain
a person's welfare benefits, or Social Security benefits, order new
checks at a new address, obtain credit cards, or even obtain the
person's paycheck."

        The Court said that Virginia's voter registration scheme
would
"compel a would-be voter in Virginia to consent to the possibility
of
a profound invasion of privacy when exercising the fundamental
right
to vote."

        The Court held that Virginia must either stop collecting
the
SSN or stop publicly disclosing it.

        Marc Rotenberg, director of the CPSR Washington office
said,
"We are extremely pleased with the Court's decision.  It is a
remarkable case, and a real tribute to Marc Greidinger's efforts.
Still, there are many concerns remaining about the misuse of the
Social Security number.  We would like to see public and private
organizations find other forms of identification for their
computing
systems.  As the federal court made clear, there are real risks in
the
misuse of the Social Security number."

        Mr. Rotenberg also said that he hoped the White House task
force currently studying plans for a national health care claims
payment system would develop an identification scheme that did not
rely on the Social Security Number.  "The privacy concerns with
medical records are particularly acute.  It would be a serious
design
error to use the SSN," said Mr. Rotenberg.

        Cable News Network (CNN) will run a special segment on the
Social Security number and the significance of the Greidinger case
on
Sunday evening, March 28, 1993.  The Court's opinion is available
from
the CPSR Internet Library via Gopher/ftp/WAIS.  The file name is
"cpsr/ssn/greidinger_opinion.txt".  The CPSR amicus brief is
available
as "cpsr/ssn/greidinger_brief.txt".

        CPSR is a national membership organization, based in Palo
Alto, California.  CPSR conducts many activities to protect privacy
and civil liberties.  Membership is open to the public and support
is
welcome.  For more information about CPSR, please contact, CPSR,
P.O.
Box 717, Palo Alto, CA 94302, call 415/322-3778 or email
[e-mail].

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