Tag: C|Net

The Census’ Broken Privacy Promise

When the 1940 census was collected, the public was reassured that the information it gathered would be kept private. “No one has access to your census record except you,” the public was told. President Franklin Roosevelt said: “There need be no fear that any disclosure will be made regarding any individual or his affairs.”

Apparently the limits of what the government can do with census information have their limits. Today the 1940 census goes online.

When the Census Bureau transferred the data to the National Archives, it agreed to release of the data 72 years after its collection. So much for those privacy promises.

Adam Marcus of Tech Freedom writes on C|Net:

Eighty-seven percent of Americans can find a direct family link to one or more of the 132+ million people listed on those rolls. The 1940 census included 65 questions, with an additional 16 questions asked of a random 5 percent sample of people. You can find out what your father did, how much he made, or if he was on the dole. You may be able to find out if your mother had an illegitimate child before she married your father.

To be sure, this data will open a fascinating trove for researchers into life 70 years ago. But the Federal Trade Commission would not recognize a “fascinating trove” exception if a private company were to release data it had collected under promises of confidentiality.

Government officials endlessly point the finger at the private sector for being a privacy scourge. Senator Al Franken did last week in a speech to the American Bar Association last week (text; Fisking). He’s the chairman of a Senate subcommittee dedicated to examining the defects in private sector information practices. Meanwhile, the federal government is building a massive data and analysis center to warehouse information hoovered from our private communications, and the Obama Administration recently extended to five years the amount of time it can retain private information about Americans under no suspicion of ties to terrorism.

Marcus has the bare minimum lesson to take from this episode: “Remember this in 2020.”

The ‘Privacy Bill of Rights’ Is in the Bill of Rights

Every lover of liberty and the Constitution should be offended by the moniker “Privacy Bill of Rights” appended to regulatory legislation Senators John Kerry (D-MA) and John McCain (R-AZ) introduced yesterday. As C|Net’s Declan McCullagh points out, the legislation exempts the federal government and law enforcement:

[T]he measure applies only to companies and some nonprofit groups, not to the federal, state, and local police agencies that have adopted high-tech surveillance technologies including cell phone tracking, GPS bugs, and requests to Internet companies for users’ personal information–in many cases without obtaining a search warrant from a judge.

The real “Privacy Bill of Rights” is in the Bill of Rights. It’s the Fourth Amendment.

It takes a lot of gall to put the moniker “Privacy Bill of Rights” on legislation that reduces liberty in the information economy while the Fourth Amendment remains tattered and threadbare. Nevermind “reasonable expectations”: the people’s right to be secure against unreasonable searches and seizures is worn down to the nub.

Senators Kerry and McCain should look into the privacy consequences of the Internal Revenue Code. How is privacy going to fare under Obamacare? How is the Department of Homeland Security doing with its privacy efforts? What is an “administrative search”?

McCullagh was good enough to quote yours truly on the new effort from Sens. Kerry and McCain: “If they want to lead on the privacy issue, they’ll lead by getting the federal government’s house in order.”

FCC Votes to Preserve the Internet … in Amber

Larry Downes has depth of knowledge and a way with words, both of which he puts to good use in this C|Net opinion piece on the FCC’s vote today moving forward with public-utility-style regulation of Internet service.

If you’re interested in learning detail about the issues, it’s a good read. My favorite part is the conclusion:

The misplaced nostalgia for an Internet that has long since evolved to something much different and much more useful has led to the adoption today of rules that may have a similar effect. The FCC’s embrace of open-Internet rules may indeed preserve the Internet—but preserve it in the same way amber preserves the bodies of prehistoric insects. That gloomy outcome isn’t certain, of course. Internet technology has a wonderful habit of routing around inefficiency and unnecessary obstacles. As between Moore’s Law and FCC law, I’m betting on the technology to prove the ultimate regulator—and the sensible one, at that.