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- PRIVACY Forum Digest Wednesday, 27 October 1993 Volume 02 : Issue 33
-
- Moderated by Lauren Weinstein (lauren@vortex.com)
- Vortex Technology, Woodland Hills, CA, U.S.A.
-
- ===== PRIVACY FORUM =====
-
- The PRIVACY Forum digest is supported in part by the
- ACM Committee on Computers and Public Policy.
-
-
- CONTENTS
- PRIVACY Brief (Lauren Weinstein; PRIVACY Forum Moderator)
- Re: "Digital Detective" (David Dyer-Bennet)
- CPSR Alert 2.03 [Extract re: Medical Privacy -- MODERATOR]
- (Dave Banisar)
- Politics is private property in the panopticon society
- (Jeffrey S. Sorensen)
- Re: Personal Privacy vs. the "Digital Detective"? (Paul Robinson)
- ALAWON Vol. 2, No. 47 [OMB PLANS TO CONSOLIDATE POWER OVER
- FEDERAL INFORMATION -- MODERATOR] (ALA Washington Office)
- CPSR Crypto Resolution (Dave Banisar)
-
-
- *** Please include a RELEVANT "Subject:" line on all submissions! ***
- *** Submissions without them may be ignored! ***
-
- -----------------------------------------------------------------------------
- The Internet PRIVACY Forum is a moderated digest for the discussion and
- analysis of issues relating to the general topic of privacy (both personal
- and collective) in the "information age" of the 1990's and beyond. The
- moderator will choose submissions for inclusion based on their relevance and
- content. Submissions will not be routinely acknowledged.
-
- ALL submissions should be addressed to "privacy@vortex.com" and must have
- RELEVANT "Subject:" lines; submissions without appropriate and relevant
- "Subject:" lines may be ignored. Excessive "signatures" on submissions are
- subject to editing. Subscriptions are by an automatic "listserv" system; for
- subscription information, please send a message consisting of the word
- "help" (quotes not included) in the BODY of a message to:
- "privacy-request@vortex.com". Mailing list problems should be reported to
- "list-maint@vortex.com". All submissions included in this digest represent
- the views of the individual authors and all submissions will be considered
- to be distributable without limitations.
-
- The PRIVACY Forum archive, including all issues of the digest and all
- related materials, is available via anonymous FTP from site "ftp.vortex.com",
- in the "/privacy" directory. Use the FTP login "ftp" or "anonymous", and
- enter your e-mail address as the password. The typical "README" and "INDEX"
- files are available to guide you through the files available for FTP
- access. PRIVACY Forum materials may also be obtained automatically via
- e-mail through the listserv system. Please follow the instructions above
- for getting the listserv "help" information, which includes details
- regarding the "index" and "get" listserv commands, which are used to access
- the PRIVACY Forum archive. All PRIVACY Forum materials are also
- available through the Internet Gopher system via a gopher server on
- site "gopher.vortex.com".
-
- For information regarding the availability of this digest via FAX, please
- send an inquiry to privacy-fax@vortex.com, call (818) 225-2800, or FAX
- to (818) 225-7203.
- -----------------------------------------------------------------------------
-
- VOLUME 02, ISSUE 33
-
- Quote for the day:
-
- "You are in a maze of twisty little passages, all alike."
-
- -- From the original "ADVENTURE" computer game, initially
- written in FORTRAN, and ported to virtually all computer
- architectures and operating systems. Original version by
- Will Crowther, most "current" (circa the late 70's)
- features by Don Woods.
-
- XYZZY!
-
- ----------------------------------------------------------------------
-
- Privacy Brief (from the Moderator)
-
- ---
-
- A California jury has recently convicted a man of murder, some 30 years
- after the event, based solely on a computer fingerprint match. The prints
- lifted at the scene of the murder were fed through the new California
- fingerprint computer, which identifed the man, who was 18 at the time of the
- crime. He has steadfastly denied any knowledge of the murder, and claims to
- have been in military training at the time of the event. Apparently over
- the span of years most of the persons who could potentially testify at the
- trial can no longer be located or have died, and records involving the period
- are very sparse. The jury took only a few hours to convict, and jury
- members said later that in the absence of other evidence, they had to
- convict solely on the basis of the fingerprint match, regardless of the
- man's claims. He plans to appeal.
-
- Question: Is the use of computer technology to provide such a
- "match," long after most other evidence has been lost or is no
- longer available, a positive or negative development?
-
- ------------------------------
-
- Date: Mon, 11 Oct 93 11:31:28 CDT
- From: ddb@anubis.network.com (David Dyer-Bennet)
- Subject: Re: "Digital Detective" [Subject field chosen by MODERATOR]
-
- lauren@vortex.com (Lauren Weinstein) said:
-
- > There is certainly a philosophical underpinning to all of this. By
- > analogy, Pat's view that everyone should have access to all the information
- > available on everybody seems similar to the view that the way to solve the
- > violent crime problem is to make sure that everyone in the country is
- > carrying a gun at all times and is provided with plenty of ammunition.
- > While some will no doubt agree with both of these concepts, hopefully many
- > of us do not.
-
- I strongly support the principle that there should be few or no individuals or
- organizations with privileged access to information (other than information
- they collect themselves). The information easily available to large
- corporations should be available to small coroporations and individuals. I
- support this on the basis of fairness, and also because the broad availability
- of the information will make it more likely that people will _know_ what
- information is available. Public policy on information is not likely to
- become sensible until people encounter the effects in their personal lives.
-
- Note that this does _not_ mean that I support the availability of much of the
- information that is in fact available.
-
- Since _you_ raised the always-controversial gun issue: there is a technical
- term for countries where there's always a policeman there when you need him.
- They are called "police states." It's clearly established in law and
- practice that the police have no legal duty or obligation to protect any
- particular individual (you can't sue if they take 30 minutes to show up, or
- drive past while you're being assaulted and don't do anything, or whatever).
- Protecting yourself is your right and duty. As is nearly always the case with
- a major political conflict, repression is not the answer.
-
- > It should now be crystal clear that the privacy situation in this country
- > is in shambles. You can't just sit there, read this, and then file it off
- > and forget it. Sooner or later, and most likely sooner, *you* are going to
- > be affected.
-
- I'm not sure I can't. The thing that I'm _sure_ I'm worried about is the lack
- of quality control in databases, and the lack of recourse against incorrect
- data in them. I might well be able to live with broad availability of
- information.
-
- Living in a goldfish bowl would be a tremendous and fundamental change in
- society, and I'm sure the transition would be exciting, but I'm not sure the
- result would be bad. Yes, my wife could easily find out where I really spend
- my time when I claim I'm working late, and my employer could discover which
- bars I hang out in (possibly deducing a non-mainstream lifestyle, say). But
- if everybody were out of the closet about what they _really_ did, there'd be a
- lot less hypocrisy around. Societal standards would have to change when it
- became apparent that Ward and June Cleaver don't live here any more.
-
- What's important is that the goldfish bowl be transparent _all over_, not just
- in front of the eyes of big corporations. It might be tolerable to live in a
- real goldfish bowl society; it would _not_ be tolerable to live in a society
- where your present and potential future employers could see everything about
- you, while preserving their own secrecy.
-
- (Yes, I'm ambivalent at best about living in the goldfish bowl. I'm sure the
- transition would be traumatic for nearly everybody, including Ward and June
- Cleaver. But it's not the end of the world _if it applies to everybody_.)
- --
- David Dyer-Bennet Network Systems Corporation
- ddb@network.com Brooklyn Park, MN (612) 424-4888 x3333
- ddb@tdkt.kksys.com My postings represent at most my own opinions.
-
- ------------------------------
-
- Date: Mon, 11 Oct 1993 23:23:38 EST
- From: Dave Banisar <banisar@washofc.cpsr.org>
- Subject: CPSR Alert 2.03 [Extract re: Medical Privacy -- MODERATOR]
-
- [ I have extracted the following item from
- CPSR Alert 2.03 -- MODERATOR ]
-
- [3] Health Care Reform and Privacy
-
- The recently released President's Health Security Plan includes
- important new provisions on privacy protection. The plan recommends new
- federal legislation based on a Code of Fair Information Practices.
- Currently, there is no federal protection for medical records.
-
- The new proposal also includes a provision for a national medical
- identity card, which is described in the plan as "like ATM cards, the
- health security card allows access to information about health coverage
- through an integrated national network. The card itself contains a
- minimal amount of information."
-
- President Clinton was asked about the privacy implications of the
- medical security card at a town hall meeting in Sacramento, CA on
- October 4. He replied that the card will be used to ensure that in an
- emergency that a person could be identified and that it "will have the
- same sort of protections that a Social Security card would..." He
- recalled opposition to the past attempts to expand the use of the SSN
- and noted that the card was only "for the purposes of establishing that
- you belong to the health care system."
-
- Another important aspect of the proposal is the identifying number. The
- proposal calls for the establishment of "a system of universal
- identifiers for the health care system." The proposal notes that "The
- unique identifier may be the Social Security Number or a newly created
- number limited to the health care system...In either case, the national
- privacy policy explicitly forbids the linking of health care and other
- information through the identification number." This will be
- determined by the National Health Board.
-
- In April 1992 CPSR sent a letter to Hillary Clinton with the
- endorsement of over two dozen privacy and computer experts requesting
- that the SSN not be used as the identifier. The letter cited privacy,
- security, and fraud problems and pointed out that other countries, such
- as Canada, have created limited purpose identifiers for medical record
- information.
-
- Other Privacy Provisions
-
- o The creation of mechanisms for effective enforcement including
- significant penalties.
-
- o Establishing a privacy framework based on the Code of Fair Information
- Practices including a right to know about and approve the uses of the
- data, assurance of no secret data systems, right to review and correct
- data, assurances that the data is only collected for legitimate
- purposes.
-
- o Issue effective security standards and guidance for health care
- information
-
- o Establishing as Data Protection and Security Panel to set privacy and
- security standards and monitor implementation of the standards, sponsor
- of conduct research, studies and investigations, and developing of fair
- consent forms.
-
- The relevant privacy provisions of the health care plan are available at
- the CPSR Internet Library /medical_privacy/
- clinton_health_reform_plan.txt. A copy of the letter sent to Hillary
- Clinton is also available as hillary_letter.txt
-
- ------------------------------
-
- Date: Mon, 11 Oct 93 10:38:53 -0400
- From: sorenjs@pb.com (Jeffrey S. Sorensen)
- Subject: politics is private property in the panopticon society
-
- [ This item is extracted from RISKS Forum
- Digest V15#11. -- MODERATOR ]
-
- The _New Haven Register_ had an AP story about the probe into the industrial
- spying performed by a group of cable system operators. This spying included
- surveilance, tracking down license plates and investigating long-distance call
- records. According to the cable companies all of this was done using publicly
- obtainable information.
-
- The money involved in the deals between cable and television has
- driven the cable companies to use such tactics because they are afraid
- that regulators are fraternizing with telephone company executives.
- I can almost see William Gibson's vision of the future unfolding before
- my eyes. I also see democracy being ground between the gears of industry
- and government. (Perhaps I should also mention the three part series of
- articles in _In These Times_ on the new pseudo-grass roots lobbying firms
- that sell the line "How many angry constituents do you want calling your
- legislators each day? Name your price.")
-
- According to the article, a company called _Scanners_ out of Denver will "fax
- a list of toll calls made by anyone, anywhere, for up to $125." (No doubt the
- company takes their name from the movie about people who make your blood boil
- and your veins pop out on your head.) It seems that while the content of
- calls is private and cannot be monitored without a court order, the billing
- information is not protected.
-
- The larger problem is that our law currently only provides us with a
- modicum of protection when we have a "reasonable expectation of privacy."
- At the same time, it is becoming increasingly clear that no reasonable
- person can ever expect to have any privacy. I wish that someone in the
- news media would get our legislators to WAKE UP by publishing a complete
- list of the legislators' calls. It worked in the Bork/Video-tape rental
- records case (or at the very least, a law addressing this was put on the
- books; I'm not sure it's enforced.)
-
- Jeffrey Sorensen sorenjs@pb.com
-
- ------------------------------
-
- Date: Wed, 13 Oct 1993 11:31:12 -0400 (EDT)
- From: Paul Robinson <TDARCOS@MCIMAIL.COM>
- Subject: Re: Personal Privacy vs. the "Digital Detective"?
-
- -----
- For the benefit of other readers, comments from Lauren Weinstein
- (Lauren@vortex.com> are prefixed with "> ", comments from
- Patrick Townson <ptownson@telecom.chi.il.us> are prefixed with ">> ":
-
- > A few days ago, in my capacity as PRIVACY Forum moderator, I received
- > an e-mail submission from Patrick Townson, politely asking if I would
- > consider publishing it in the digest. (Pat is moderator of the
- > TELECOM digest; we have various communications regarding digest
- > matters from time to time.)
- >
- > The submission was essentially an ad promoting a new service he is
- > offering. I informed him that my policy is not to run ads, though
- > particular products and services may be mentioned in the context
- > of informational or discussion messages submitted to the Forum.
-
- >> I wish to announce my recent aquisition of some databases which are
- >> primarily used by skip-tracing, investigative and government agencies
- >> to locate people, any assets they may have, and other pertinent and
- >> personal details of their lives.
- >>
- >> These databases are being made available to anyone who wishes to have
- >> access to them. The charges are simply being passed along, 'at cost'
- >> based on what I am paying.
-
- Seems a little higher than 'at cost'. I don't particularly care one way
- or another whether Pat makes money off this service or not (and if it's
- valuable, he should.)
-
- >> You provide an SSN. I will advise you of all the names which have
- >> been used with this SSN
-
- Let's see: drivers licenses, voting records, and possibly matches from
- credit reports. (I think that while giving out the information in a credit
- report requires permission, it may not be prohibited for a credit
- reporting company to use collected information to add to or correct other
- infomrmation files, e.g. putting SSAN into name collections. If it is not
- permitted, then this isn't one source for the base data.) If I sat down,
- I could probably think of a few more places to get this from.
-
- Oh yes, the Selective Service Registration requires filing by the
- Selective Service with every County Clerk of each male in that county who
- is registered. When I was visiting the Los Angeles County Courthous to
- renew my ficticious name registration, the list for that week or month was
- posted for anyone to look at. I don't remember if the list included the
- Social Security number or not.
-
- You now have to - courtesy of the Internal Revenue Service - have to file a
- notice with your social security number when you buy or sell a house.
-
- A former Commissioner of Social Security - Dorcas Hardy - had considered
- sharing their SSA database with some credit reporting companies. There
- was a rather serious opposition to this, and it was dropped, fortunately.
-
- >> You provide a name. Any name okay, but very common names will
- >> render a useless list. Middle initials and last known address is
- >> requested if possible. You'll receive a listing of every person who
- >> has that name, along with other data:...
- >> It can be searched by telephone number only: You provide the phone
- >> number, I will respond with the person's profile and neighbor listing.
-
- Two points - I remember this; some company in Florida or Texas or somewhere
- is providing this computerized service, and they get reports from
- courthouses and search firms around the country who supply them with local
- information.
-
- Also, R.L. Polk & Company does - or did - operate a city directory service
- where they published cross-index directories; I remember doing a lookup in
- a Polk guide more than 20 years ago. Look up a street and it
- will tell you the name of everyone there that they could find either by
- canvassing the neighborhood and asking people, or leaving post cards asking
- for a call back (cards were marked 'urgent') or reading the directory sign
- in apartment buildings if there was one. In one famous copyright case, a
- company was doing this, then using the phone book to verify the accuracy
- of their information. The courts ruled that while the information in a
- telephone book was protected (not the case now) it is not infringement to
- use one to verify an independently collected batch of information. And
- Polk even printed a number to call in their St. Louis office to
- specifically ask NOT to be listed. You had to give them your information
- in order to identify which listing not to be printed; it sounds strange,
- but it makes sense: unless they know which item not to print, they can't
- remove it.
-
- Lotus was planning to offer a similar service on CD ROM, until public
- complaints forced them to drop it (thousands of people asked not to be
- included. Technically, since the information is collected from public
- sources, Lotus didn't HAVE to remove the information.)
-
- I believe also Compuserve is now running a similar service for people
- searches.
-
- Here's another one: MIT runs a newsgroup scanner, either on 'Pit-Manager'
- or 'RTFM' or some place. (Or I may be wrong and it's some other school.)
- If anyone on Internet posts a message on any newsgroup (or I suppose, on
- any list that it receives) it captures the name and E-Mail address. So
- you can query that database for people's names or E-Mail addresses, and it
- even tells you the date that the particular name was seen. I don't know
- how often the cache is flushed, but it's one place to find recent E-Mail
- addresses. In one case I queried it for my account and it gave me a list
- of all the identifiers I had used.
-
- The Whois database used to do this for anyone who requested registration;
- now, you have to have a reason to be there, like contact point for a
- network or a domain. (I'm still there; if anyone does a 'WHOIS TDARCOS'
- they will get my name and address because I hold an Internet Class C
- Address block.)
-
- >> Consumer Credit reports availale from one bureau, $60
-
- I once called one of the local offices of a national credit bureau. I
- pretended to be an employer, and asked them, if I was just interested in
- getting an occastional listing because I am checking perhaps 5 or 6 people
- a year as potential employees, and not doing enough business to justify a
- $15 a month subscription, was it possible for me to obtain reports even
- though I am not a subscriber. 'Certainly'. I have to send in a written
- statement indicateing (1) that I have a legally authorized reason to
- obtain the information, and (2) what that reason is, e.g. type of request,
- employment, credit, etc. (They send out a packet of information along
- with their forms to apply for srvice and the request for a non-subscrber
- pull.) The subscriber rate for pulls in commercial requests is $8 apiece,
- and the non-subscriber rate was $15. Employer requests are slightly
- higher because different information had to be requested.
-
- I used to work for a real-estate office that rented out property. The
- owner would routinely obtain credit reports - and reports of people who
- had been evicted, sued for unpaid rent, etc. - from a clearinghouse that
- handled information for that purpose; all they had to do was to collect
- the reports from the 50 or so courthouse in Southern California where
- evictions were filed. Also, if you were sending someone the preliminary
- 5-day ("Notice to Pay Rent or Quit"), you could report this to them.
-
- I think only the credit reports needed proof of a legitimate business
- reason.
-
- All the other stuff is out there if you want to dig for it.
-
- >> Information should be available to everyone, not just the lawyers
- >> and bankers and government agencies. I'll provide information to
- >> anyone, at anytime from the categories above. Hope to hear from
- >> you soon with your requests.
-
- All Pat is doing is making available to the general public,
- something that only the 'big boys' have had access to. This seems to
- sound like the exact same argument that erupted when Caller-ID became
- available to anyone, even though ANI has been available on 1-800 number
- calls for many years. Pay minimum and you get an ANI list at the time you
- get your bill. Pau more and you get it in real-time while the call is
- coming in.
-
- >> Regards criminal histories for example, if someone does not like the
- >> information being given out, then their real beef is with the concept
- >> of free, open to the public trials in the USA. In every courthouse in
- >> America, anyone is free to walk in, sit down and observe a trial going
- >> on. We do not have secret trials in the USA.
-
- Except for Juvenile Court where ther trials *are* secret. The public is
- not allowed to visit those trials, and the records on those are sealed.
- Ostensibly this is to "protect" the juvenile that is arrested. (Note that
- appeals, however, are NOT sealed because appeals make the court reporter
- cases, they do, however, only print the first name and first letter of the
- last name where a juvenile is a party in a case, which is why the famous
- "Born Innocent" case (Girl sues NBC over someone getting the idea of using
- a houshould object to commit rape from that movie), was known as "Oivia N.
- v. National Broadcasting Company".
-
- Otherwise this is correct; all court cases are open to the public.
- Sometimes the judges would prefer to railroad people in secret, as they
- sometimes ask why you are watching a case (I was asked by a judge once,
- I'm not sure whether it was because he was wondering if I was one of
- the litigants in a case or if he wanted to know why I was there. So I
- said that I was just there to watch.)
-
- > But here's the *real* issue. If we assume that Pat is right in his
- > statements that all of the information to which he has access is
- > legally distributable, it goes far to pointing out what an utter
- > disgrace the state of privacy and privacy laws in this country
- > have become.
-
- I don't know where 'have become' came from. Until recently - which
- means the last 20 years or less - communicating long distance was
- expensive and keeping records required huge manual files on paper.
- Now we have cheap national communications and computers can store
- information for about 1/5c per page (figuring 1 megabyte of disk
- at $1 and 1 page at 2048 characters).
-
- But the fact is that courthouse records have been open to the public for
- more than 200 years. It's only with the cheap transmission and storage
- capability that the issue of privacy has surfaced, since now, records
- tend to be cheap to keep around for long periods of time.
-
- > There is certainly a philosophical underpinning to all of this. By
- > analogy, Pat's view that everyone should have access to all the
- > information available on everybody seems similar to the view that the
- > way to solve the violent crime problem is to make sure that everyone in
- > the country is carrying a gun at all times and is provided with plenty
- > of ammunition. While some will no doubt agree with both of these
- > concepts, hopefully many of us do not.
-
- Funny you should say that. The places with the most restrictive gun laws,
- Washington and New York, have the worst gun homicide rates. Ones with
- controls but not as severe - Chicago, Los Angeles - are almost as bad. In
- Phoenix it is legal to wear a gun in public - wich almost nobody does -
- and thethe number of homiceds there are much less. (There are probably
- other causes such as the goverment telling people in the slums that they
- are vicitms and it's okay to feel that government is their only hope, and
- since the government doesn't really plan to put people in prison, it's
- okay to commit any crime since you probably won't do time.) In
- Switzerland by law every male is required to keep in their house, loaded,
- a FULLY AUTOMATIC machine gun which the government gives them. Gun homicides
- are rare there.
-
- > It should now be crystal clear that the privacy situation in this
- > country is in shambles. You can't just sit there, read this, and
- > then file it off and forget it. Sooner or later, and most likely
- > sooner, *you* are going to be affected.
- >
- > And just exactly what, my friends, are we going to do about it?
-
- Short of declaring a civil war and pulling another Magna Charta, I doubt
- there is much that can be done. But there is a wider issue: access to
- credit, to money, and other valuable things requires that those who offer
- access have reasonable assurances they will be repaid. Credit databses
- got started because people didn't always pay their bills or sometimes
- moved from town to town to escape judgements. The credit reporting laws
- came into effect because the people running the reporting agencies were
- not careful in how they handled the information they got.
-
- A future employer may have reason to want to know if a person who handles
- money is running large debts and not paying bills; this may indicate that
- they are a possible risk. A company that issues a mortgage wants to be
- certain it will be repaid; a person renting out a house or apartment wants
- to be certain their rents will be paid on time. Without access to the
- information, people may have to charge more.
-
- And in some places, getting people to take a check is almost impossible
- because getting information suitable for skip tracing if the person
- doesn't pay is restricted. Where there are restrictions in the access to
- data, the honest suffer when guilty people cannot be located. One man in
- California mentioned that even with a court judgement, because of fears
- of misuse, he can't get access to someone's address from their drivers'
- license, even though a private investigator or insurance company
- representative can.
-
- ---
- Paul Robinson - TDARCOS@MCIMAIL.COM
-
- ------------------------------
-
- Date: Fri, 22 Oct 1993 17:05:12 -0400
- From: ALA Washington Office <alawash@alawash.org>
- Subject: ALAWON Vol. 2, No. 47 [OMB PLANS TO CONSOLIDATE
- POWER OVER FEDERAL INFORMATION -- MODERATOR ]
-
-
- ALAWON
- ALA Washington Office Newsline
- An electronic publication of the
- American Library Association Washington Office
-
- Volume 2, Number 47
- October 22, 1993
-
- In this issue: (310 lines)
- OMB PLANS TO CONSOLIDATE POWER OVER FEDERAL INFORMATION
-
- ***************************************************************************
-
- OMB PLANS TO CONSOLIDATE POWER OVER FEDERAL INFORMATION
-
- The Office of Management and Budget is planning to open a new front in the
- century-old battle between Congress and the Executive Branch over who
- controls the production and dissemination of government information. The
- ALA Washington Office has obtained a portion of the draft legislation that
- OMB plans to include in the "October package" that contains the
- Administration's National Performance Review recommendations. The
- Administration hopes that Congress will pass this package by the time it
- adjourns close to Thanksgiving.
-
- This proposed legislation repeals the statutory authority of the Joint
- Committee on Printing to "use any measures it considers necessary to remedy
- neglect, delay, duplication, or waste in the public printing and binding
- and the distribution of Government publications" (44 U.S.C. 103). JCP is
- the Committee that has worked with the library and public interest
- communities for over 150 years to enact a series of laws, starting with the
- 1895 Printing Act and continuing with the GPO Access Act (PL 103-40), to
- protect the public's access to government information. JCP stood up to OMB
- during previous Administrations and insisted that government information
- continue to be distributed without charge to the public through depository
- libraries.
-
- The Government Printing Office, overseen by the JCP, would be dismantled
- and much of its responsibilities and functions shifted to OMB, the General
- Services Administration and individual federal agencies. Each agency would
- procure its own printing and be responsible for dissemination. There is no
- enforcement mechanism included to make agencies provide their information
- to the depository program, since 44 U.S.C. 1701 (GPO's authority to
- disseminate) is eliminated.
-
- This bill also includes transfer of the printing of the _Federal Register_
- to the executive branch and knocks the Public Printer off the
- Administrative Committee of the _Federal Register_. It is quite likely
- that the _Federal Register_, and many other Executive Branch publications,
- would no longer be sold through GPO.
-
- The text of the draft OMB bill follows:
-
- Description of the Draft Bill, the "Government Information Dissemination
- and Printing Improvement Act of 1993"
-
- The National Performance Review recognized that public access to
- federal information should be enhanced. It also recommended improving the
- printing practices of Executive agencies. To accomplish these goals, the
- proposed legislation would:
-
- * incorporate the information dissemination policies contained in
- revised OMB Circular A-130, particular [sic] as they relate to
- expanding electronic information dissemination.
-
- * reaffirm the role of the depository library program.
-
- * promote the establishment of a Government Information Locator Service
- which is being designed, under the auspices of the Administration's
- Information Infrastructure Task Force, to enhance the ability of the
- public to identify and acquire government information dissemination
- products.
-
- * remove Executive branch printing from the GPO monopoly over a two-year
- transition period following enactment.
-
- * (During a two year transition period, GPO would remain the mandatory
- source for Executive branch printing as defined by the GSA
- regulations. However, during this period Executive agencies would be
- authorized to procure printing jobs up to $2500 through open bidding.)
-
- * give GSA responsibility for promulgating printing policy.
-
- * ensure that agency procurements of printing services are conducted in
- accordance with the Federal Acquisition Regulation using full and open
- competition to acquire the best value products and services.
-
- * permit GPO to compete for agency printing business on an equal basis.
-
-
- DRAFT BILL
-
- To further the goals of the National Performance Review to improve the
- dissemination and printing of government information.
-
- Section 1. Short Title.
-
- This Act may be cited as the "Government Information Dissemination and
- Printing Improvement Act of 1993".
-
- Section 2. Authority and Functions of the Director of the Office of
- Management and Budget
-
- The Director of the Office of Management and Budget (the Director) shall
- develop policies and practices for agency dissemination and sharing of
- public information to ensure that agencies--
-
- (a) make information dissemination products available on timely,
- equitable and cost effective terms;
-
- (b) encourage a diversity of public and private information
- dissemination products;
-
- (c) avoid establishing, or permitting others to establish, exclusive,
- restricted, or other distribution arrangements that interfere with the
- availability of information dissemination products on a timely and
- equitable basis; and,
-
- (d) set user charges for information dissemination products no higher
- than sufficient to recover the cost of dissemination, except where required
- by statute or specifically authorized by the Director.
-
- Section 3. Authority and Functions of the Administrator for General
- Services
-
- (a) The Administrator of General Services shall provide overall
- policy direction for the acquisition of printing by executive agencies, and
- may promulgate government-wide regulations as appropriate. The authority
- conferred upon the Administrator by this section shall be exercised subject
- to direction by the President and to fiscal and policy control exercised by
- the Office of Management and Budget. Authority so conferred upon the
- Administrator shall not be construed so as to impair or interfere with the
- determination by agencies of their individual printing requirements.
-
- (b) To the extent practicable and appropriate, the policies
- promulgated by the Administrator for the acquisition of printing by
- executive branch agencies shall be consistent with the principles contained
- in the Federal Acquisition Regulation, promulgated pursuant to 41 U.S.C.
- 405a.
-
- (c) The policies promulgated by the Administrator pursuant to this
- section shall --
-
- (1) ensure that the Government Printing Office has the
- opportunity to compete on an equal basis for agency printing
- acquisitions; and
-
- (2) reaffirm agency responsibilities to cooperate with the
- Superintendent of Documents with regard to the distribution of
- government publications to the depository libraries, as required by
- Chapter 19, title 44 United States Code.
-
- Section 4. Federal agency responsibilities.
-
- The head of each agency shall --
-
- (a) promote public access to public information by establishing and
- maintaining systems for dissemination of information that --
-
- (1) ensure that the public has timely and equitable access to
- the agency's public information and that the agency disseminates
- public information in an efficient, cost effective, and economical
- manner;
-
- (2) plan and budget for information dissemination at the time
- information is created or collected, and at other appropriate steps
- during the information life cycle; and,
-
- (3) establish and maintain a comprehensive inventory of
- significant public information holdings in accordance with guidance
- issued by the Director under Section 5 of this Act.
-
- (b) When providing for the dissemination and sharing of significant
- public information --
-
- (1) to the greatest extent practicable, disseminate in
- usable electronic formats (in whole and in part, and along with such
- available software in which the government may have license rights,
- indices, and documentation) public information maintained in
- electronic formats; and
-
- (2) before taking any action to initiate, terminate, or
- significantly modify the dissemination of public information--
-
- (A) solicit and consider public comments on the proposed
- action; and
-
- (B) provide notice to the Superintendent of Documents and
- otherwise comply with the requirements of section 1710, title 44
- United States Code.
-
- (c) In determining how to fulfill its public information
- dissemination functions, consider--
-
- (1) whether dissemination is required by law;
-
- (2) whether dissemination is necessary for the proper
- performance of the functions of the agency;
-
- (3) whether disseminating public information would assist in
- public oversight of agency operations or would promote the general
- social or economic welfare of the United States;
-
- (4) whether an information dissemination product available from
- other Federal or nonfederal sources is equivalent to an agency
- information dissemination produce [sic] and reasonably fulfills the
- dissemination responsibilities of the agency;
-
- (5) dissemination methods that will maximize the utility of the
- information to the public, including dissemination through the
- Superintendent of Documents to the depository libraries; and
-
- (6) the economy and efficiency of Government operations.
-
- (d) Establish fees and other dissemination arrangements in a manner
- consistent with the policies and practices developed by the Director under
- Section 2 of this Act.
-
- Section 5. Establishment and Operation of Government Information Locator
- Service
-
- In order to assist agencies and the public in locating information and to
- promote information sharing and equitable access by the public, the
- Director shall--
-
- (a) cause to be established and maintained a distributed agency-based
- electronic Government Information Locator Service supported by agency
- inventory systems which identify significant public information holdings;
-
- (b) require each agency having significant information dissemination
- products to establish and maintain a comprehensive inventory of such
- products, and shall prescribe the minimum contents of such inventories,
- subject to any technical standards developed pursuant to subsection (c);
- and,
-
- (c) establish an interagency committee, in cooperation with the
- Secretary of Commerce, the Archivist of the United States, the
- Administrator of General Services, the Public Printer, and the Librarian of
- Congress, to develop such technical standards for agency inventory systems.
-
- Section 6. Transition to Executive Branch Printing
-
- (a) The Government Printing Office will remain the mandatory source
- for Executive agency printing needs for two years after the effective date
- of this Act.
-
- (b) Notwithstanding subsection (a), Executive agencies are authorized
- to obtain printing services under $2500 from commercial sources or other
- printing sources operated by Executive agencies during this period.
-
- Section 7. Technical and conforming amendments.
-
- (a) Section 103, title 44 United States Code, is repealed.
-
- (b) Section 312, title 44 United States Code, is amended by striking
- the word "Government" and inserting the words "Congress or the Judiciary
- (other than the Supreme Court), and GAO" in the first sentence of the
- section.
-
- (c) Section 313, title 44 United States Code, is amended by inserting
- the words "for the use of Congress or the Judiciary (other than the Supreme
- Court), and GAO," after the words "otherwise" in the first paragraph
- thereof.
-
- (d) Sections 501, 503, 504, 508, 509, 510, 512, 513, and 514, title
- 44 United States Code, are repealed.
-
- (e) Chapter 11, title 44 United States Code, is repealed in its
- entirety.
-
- (f) Section 1502, title 44 United States Code, is amended by striking
- the words "and, together with the Public Printer," after the words
- "custody" in the first section.
-
- (g) Section 1503, title 44 United States Code, is amended by striking
- the sixth sentence, which reads, "The Office shall transmit immediately to
- the Government Printing Office for printing, as provided by this chapter,
- one duplicate original or certified copy of each document required or
- authorized to be published by section 1505 of this Title."
-
- (h) Section 1504, title 44 United States Code, is repealed.
-
- (i) Section 1506, title 44 United States Code, is amended by striking
- the words "Public Printer or Acting Public Printer," with "Administrator of
- GSA or his or her designee."
-
- (j) Section 1701, title 44 United States Code, is repealed.
-
- ***************************************************************************
- ***************************************************************************
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- ------------------------------
-
- Date: Tue, 26 Oct 1993 21:40:51 EST
- From: Dave Banisar <banisar@washofc.cpsr.org>
- Subject: CPSR Crypto Resolution
-
- CPSR Cryptography Resolution
-
- Adopted by the CPSR Board of Directors, San Francisco, CA October 18,
- 1993
-
- WHEREAS,
-
- Digital communications technology is becoming an increasingly
- significant component of our lives, affecting our educational,
- financial, political and social interaction; and
-
- The National Information Infrastructure requires high assurances of
- privacy to be useful; and
-
- Encryption technology provides the most effective technical means of
- ensuring the privacy and security of digital communications; and
-
- Restrictions on cryptography are likely to impose significant costs on
- scientific freedom, government accountability, and economic
- development; and
-
- The right of individuals to freely use encryption technology is
- consistent with the principles embodied in the Constitution of the
- United States; and
-
- The privacy and security of digital communications is essential to the
- preservation of a democratic society in our information age; and
-
- CPSR has played a leading role in many efforts to promote privacy
- protection for new communications technologies:
-
- BE IT RESOLVED THAT
-
- Computer Professionals for Social Responsibility supports the right of
- all individuals to design, distribute, obtain and use encryption
- technology and opposes any government attempt to interfere with the
- exercise of that right; and
-
- CPSR opposes the development of classified technical standards for the
- National Information Infrastructure.
-
- ------------------------------
-
- End of PRIVACY Forum Digest 02.33
- ************************
-