Senate Introduces Strong Privacy Bill 176
amigoro writes "US Senators introduced a bill that better protects the privacy of citizens' personal information in the face of data security breaches across the country. Key features of the bipartisan legislation include increasing criminal penalties for identity theft involving electronic personal data and making it a crime to intentionally or willfully conceal a security breach involving personal data."
A little late isn't it? (Score:4, Insightful)
Re:A little late isn't it? (Score:5, Insightful)
A few horses are but OMG Ponies!!! (Score:5, Informative)
It does nothing for example to the recent FBI snooping case:
http://yro.slashdot.org/article.pl?sid=07/01/30/1
Where the FBI has been found to capturing all an ISP's traffic, then filtering as needed to match the warrants they had. (The argument for that is bogus, if the FBI can do the filtering then the ISP could do the filtering. It's some sort of game to remove the 'minimization' requirement for search warrants.)
Nothing to stop logging of everything you do. Nothing to stop AOL or Google collecting search information, which as we found can be used to identify individuals:
http://news.com.com/2100-1030_3-6102793.html [com.com]
The gate isn't closed, they're proposing to part close it. Better than nothing, but only a little better.
How about making it all like video tape rentals? (Score:2)
(Well, we had that. Note that, by the strict language of the law, I'm not sure it applies to DVDs, and the Patriot Act put in a double-wide back door that lets them get your video rental records as long as they pinky-swear they're somehow fighting terrorism.)
But why can't we set the bar that high for other data?
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Close the gate, sure, but don't disband the posse that's going after the horses!
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Yes, it has. [wonkette.com]
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Are you saying that the US government has jumped the shark?
Government is the shark!
FalconRe:A little late isn't it? (Score:4, Funny)
I'm sorry to inform you, sir, that your horse had to be sent to the glue factory. Please sign here.
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With a monthlong stop, along the way, at a bestiality-porn movie studio.
Re:A little late isn't it? (Score:5, Insightful)
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Oh c'mon! Where are they 'funny' moderations when they're needed?
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The constitution is not some sort of binary comparison test. It must be interpreted. If such a law were in place, it would be used as a political weapon more powerful than impeachment. It could shut down government entirely. If one party were to gain control of the Supreme Court, they could imprison their opponents to prison.
No, that's a terrible idea you have.
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Fix it the right way (Score:5, Insightful)
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1) Their "normal" bank
2) Their mortgage lender
3) Each of their credit cards (if they have any)
4) Their employer
5) Their school/university
6) The credit report companies(?)
And the credit report companies wouldn't want that confusion either, nor would the government. It'd be too confusing to figure things out. In the latter cases, it make tax avoidance much easier, and probably make the IRS even bigger, as if it wasn't ove
Re:Fix it the right way (Score:4, Insightful)
I am not a number, I am a free man!
And long may it remain that way.
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you don't even have a constitution
Boy, Slashdot really does need a "-1, Wrong" mod option. Here's an introduction, albeit far too brief. [wikipedia.org] Now, if you were to say, "the UK constitution doesn't come in sound bytes", that would indeed be true. But I guess you're only interested in sneering and mocking, not in accuracy.
sucker.
See?
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It's a perfectly workable approach in much of the civilized world. It's just that the US doesn't really care about that.
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1) Their "normal" bank
So is it impossible in the US for people to have more than one bank account? (Including with the same bank.) Do married couples get a special SSN for a joint account. What about power of attorney, executors of wills, etc?
2) Their mortgage lender
Ditto
3) Each of their credit cards (if they have any)
AFAIK even US credit cards use standard 16 digit numbers.
4) Their employer
How common i
Re:Fix it the right way (Score:5, Insightful)
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Re:Fix it the right way (Score:5, Insightful)
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Users either too stupid to use something else or just plainly REFUSE something different from SSN. We tried to use phone numbers as IDs, and we still get tons of support calls from users who change their phone number and expect our system to magically pick up this change.
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And people just can't (or don't care to) remember anything other than their SSN. We allow them to use any identifier in place of SSN if they wish but most people just don't care.
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Dosn't sound like the biometrics are especially good if you need an identifier.
Users either too stupid to use something else or just plainly REFUSE something different from SSN. We tried to use phone numbers as IDs, and we still get tons of support calls from users wh
Won't Stop Hackers, Might Scare Hackees (Score:5, Interesting)
But increasing penalties for willfully covering up a data breach may have more effect. As we've seen, bigger breaches cannot be kept secret for long. There are too many ways for them to be ferreted out. Furthermore, the people who would be in a position to conceal a data breach are often people who are more afraid of jail than those who willfully commit crimes like identity theft.
Of course, what I'd really like to see is a death penalty for spammers.
- Greg
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Them, folks? Nah, those that practise ID theft yes. Spammers are just annoying. Those that do ID theft or forgery ruin living lives.
So what are the implications (Score:4, Insightful)
if you do it legally then I don't see an issue (Score:2)
In other words, I get so tired of this "implied knowledge" that people have getting rated insightful when all they are doing is hearsay. Give us links so your accusation has basis.
I hope the secondary effects ... (Score:4, Interesting)
Key features of the bipartisan legislation include increasing criminal penalties for identity theft involving electronic personal data and
Great. Increase the penalties. That's not really going to deter the criminals, they operate on the thought that they don't get caught.
Also great. How about prohibiting the collection and storage of data that is not necessary for business transactions in the first place ?
One can just hope that companies will think a little more about what and how much data they collect and store.
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Nope, instead they (the fedgov) are going to require them to keep more and more data. Why? because the government wants it. It's reminiscent of the old bumper sticker/slogan that says "Don't steal, the government hates competition.". The government is increasingly interested in any little piece of data it can get on you for any reason it desires. Since the likelihood (giv
Would not pass. (Score:4, Insightful)
Make It Cost Prohibitive To Store Too Much PD (Score:5, Interesting)
For example, your company leaks:
1) Addresses
2) SSN
3) Email addresses
That will give you three times the liability of a company that leaks:
1) Address
Make it financially worthwhile for companies to store the absolute minimum PD necessary to operate their business and to create the incentive to delete all unnecessary data at the earliest opportunity.
With storage so cheap and the liability for companies or governments essentially divorced from the actual damage done to personal privacy breaches there is absolutely no reason for any company to store every bit of PD about you on their(insecure) systems.
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No personal information may be stored on a computer accessable to an external nextwork except:
1) For up to 24 hours after recieving the information.
2) For up to 24 hours after the information is needed in a business transaction
3) For no more than 72 hours consecutive for any reason
4) For no more than 1 in 3 hours over any given timeframe of 216 hours or larger, except where initiated by the person to whom the data describes
And
5) No personal data can be taken outside of the
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For example, your company leaks:
1) Addresses
2) SSN
3) Email addresses
That will give you three times the liability of a company that leaks:
1) Address
Assuming that there is a linear relationship between the number of fields le
Enforcement, not new laws (Score:5, Insightful)
It's one thing to have a security breach, but it's another one just to announce it, issue new cards to everyone and keep on working like nothing happened.
I think the best thing would be that the gov steps up to the plate and actually *enforce* the current laws and not spend our time and taxpayer money to create a new raft of laws that will end up never getting enforced in the first place.
Cheers,
imag0
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You forget that that would need informed, intelligent and concerned customers, instead of just "consumers".
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Please define "leaky". I got a letter from my bank a few weeks ago saying that someone somewhere had leaked my debit card number, and that I would be receiving a new one within a few days. I don't know where they fault lies - most likely it was vendor where I had used my card that had some kind of security breach - but my bank took care of the issue quickly, so aside from the 2 minute hassle of activating a new card, there wasn't really
Yeah but how do you boycott ChoicePoint? (Score:2)
For some reason it is legal for companies I do business with to sell my personal information to them (and for other companies and the US Gov't to buy it from them).
As a consumer I usually have no knowledge of this, and therefore no leverage in the marketplace. That's why government action (legislation + enforcement) is a necessary part of the solution for this particular problem.
My concern is that this legislation legitimizes these private information
Just an empty gesture (Score:4, Insightful)
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No kidding. How the hell does congress reconcile on the one hand play at protecting "privacy" while at the same time doing this: ISP Tracking Legislation Hits the House [slashdot.org]?
I know, I know - congress wants us to be protected from everyone but congress. These people are almost collectively bipolar.
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I agree that asking the government to protect my privacy is like asking a thief to guard my jewelry. However, arguing that since it won't be completely enforced and won't completely stop the issue completely is intellectually dishonest.
The first problem is that Congress itself has no enforcement capabilities. Those duties fall completely under the executive branch. If this law, or CAN-SPAM, or any number of other laws aren't well enforced, it isn't the fault of the law itself but of those enforcing it.
Se
What a wash... (Score:2, Insightful)
Raising criminal penalties for those commiting the breaches will not prevent them from happening (duh). Also, if the breacher is not within the jurisdiction of the US, it's pointless in any case.
It will give all false sense of security without addressing the real problems and issues regarding data security. The real issue is
It's not strong, esp. compared to Europe (Score:3, Insightful)
In Europe, basically, your personal information belongs to you. No one (with obvious *limited* exceptions for law enforcement and tax collection) can keep information about you without your knowledge & consent. You have a right to have your record erased / corrected. Infringers face jail time.
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But given that most airlines (at those in the UK) are freely dishing out our personal information to the US whenever we travel there, does this statement really hold true anymore?
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One could argue that this is a "legitimate business transaction". After all, they won't be allowed to fly to the US if they don't hand over the list. Now what the US does with this information is another story entirely...
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Key features of the bipartisan legislation include increasing criminal penalties for identity theft involving electronic personal data and making it a crime to intentionally or willfully conceal a security breach involving personal data, giving individuals access to, and the opportunity to correct, any personal information held by commercial data brokers, requiring entities that maintain personal data to establish internal policies that protect the personal data of Americans, requiring entities that maintain personal data to give notice to individuals and law enforcement when they experience a breach involving sensitive personal data and requiring the government to establish rules protecting privacy and security when it uses information from commercial data brokers, to conduct audits of government contracts with data brokers and impose penalties on government contractors that fail to meet data privacy and security requirements.
That sounds pretty strong to me.
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Yes. Positive. *nod*
That sounds pretty strong to me.
That's because you've not seen really strong privacy laws yet.
"You may not keep personal information except if required for legitimate business transactions, and then only as long as the transaction requires."
"You may not share personal information with anyone unless the person in question gives you permission to do so."
"You must report, and delete, any personal information you keep if the person requests it."
_That's_ strong.
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I guess this has more to do with the magnitude of the bullying power of the US than with the law being weak.
_REALLY_ hold companies accountable (Score:2)
Personal data is too cheap and easy to collect and warehouse these days, and hence, easy to steal in huge chunks. If companies and institutions want to use and profit from our personal data, we should not have to suffer for it if they can't take care of
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1. Automatically make private and personal data of an individual as a copyrighted piece of art with protection under DMCA.
2. Any waiver to this copyright would have to be approved by the person concerned.
3. Such waivers are mandatorily limited to the scope of the transaction OR 3 years (whichever is smaller), after which the copyright reverts to the person.
4. Misuse of this private copyrighted data including but not limited to publishing photos of
I don't want a new privacy law... (Score:5, Interesting)
Seriously, Privacy is a right (according to SCOTUS) but currently the right is in limbo. The limits and effects are mercurial and need to be codified.
Also, I'm far more worried about breaches of privacy by the government than by ID thieves. Shore up my Right to Privacy properly and I'll feel a little better about things. Adding sentencing recommendations to ID theft cases is like hate crime statutes. I'm not
Tom Caudron
http://tom.digitalelite.com/ [digitalelite.com]
Re:I don't want a new privacy law... (Score:4, Funny)
-Eric
intentionally or willfully? (Score:2)
Wow, yet again deterrence and punishment! (Score:3, Insightful)
different to Privacy Acts/Laws in other countries (Score:2)
For example, "data may only be used for the purpose for which it was collected". This means that a company can't sell your data to another company, unless that is one of the purposes for which it was collected (which means that they have to tell you that clearly when they collect it).
So if a company asks for your email address for a competition, they ca
Commercial data brokers need to be reined in (Score:2)
This bill doesn't do squat on this issue.
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If I were running an organized credit card fraud operation, rather than pay hackers or carders for the information, I'd just pay for a monthly report of US people with income over $150K and a credit card balance over $50K. And I would get the information completely legally. My marks list would be much higher quality, and I could probably even sell that to every Russi
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Mutually exclusive laws (Score:2)
Let's say you're doing some work on some corporate database software. It's your job - maybe you work at Oracle or something. Or perhaps you're an admin for a website that takes customer data. The details don't matter much. But let's say you find a problem, something that could be exploited.
If you don't go public with it, you get nailed by this law. If you do, you get nailed with the DCMA.
You are
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You only have to report actual breaches, not something that could be a problem. And the report probably has nothing to do with the exact technical details of the breach
HIPAA for consumer data? (Score:2, Interesting)
HIPAA is a set of rules, with some teeth, that governs how patient medical information must be handled. The banks, credit agencies, etc would squeal like pigs if such legislation were proposed, but I think that's w
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How about protecting... (Score:2)
Bah Politics (Score:2)
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Look at it this way: would the Republicans ever punish big business for being inept?
Of course the Democrats would be the ones to put this bill on the table; they're not communists. Hell, most of them aren't even liberals, but they have no problem sticking it to corporate America when it suits them.
Re:wait a minute, I'm confused (Score:5, Insightful)
Are you being sarcastic?
The Republicans have always positioned themselves as champions of law and order, and their favorite tool for it is intelligence gathering. Things like the Patriot Act as well as the warrantless wiretapping controversy just prove that out.
Both parties like to pick and choose which civil liberties they defend and which ones they attack in the name of fighting crime. While the Republicans are big on intelligence gathering at the expense of our right to privacy, the Democrats are big on gun control at the expense of our right to bear arms.
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Democrats these days favor the Nanny state censor everything method to law and order
The people these days favor whatever party makes them most scared of the consequences of disagreeing
We see a huge swing right with "Fear the boogey man!" and now that we have seen the consequences we are swinging left we are back to "Hell no we won't go!". Whole nation of extremists.
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But I see you point, that does make it clearer. We still have a pretty screwed up government.
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I'm all for 'working to earn your keep', but there are plenty of rich people who didn't earn their riches, and plenty of poor people who had been responsible, did more than their fair share, and just ran into bad luck.
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That's a myth. (Score:2)
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I know many people with wealth of over a million dollars - say about 50 of them. Of those, several came from destitute families - I can think of three right off the bat, and of course I don't know the life stories of everyone. Most came from middle class families, or at least they are currently supporting their parents (and
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A million isn't rich these days. Not by a long shot. With median home prices in the SF Bay Area (California) at three quarters of a million, a million dollars in most U.S. cities is equivalent to about $150,000 in the rural U.S., which no one would consider "rich". And they recommend $1.5 million in savings if you are retiring today even in rural America.
Twenty years ago, I thought a million dollars was a lot of money. It was... twenty years ago. These days, the border for rich is about ten million.
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In addition, though I have a much smaller sample size above $50M, the same observations hold. The people are self-made, and did it by starting companies. One had a middle-income background, and one came from the projects.
In the US, you really can get ahead by starting your own company en
Re:That's a myth. (Score:5, Insightful)
So next time someone points to a rags to riches story to show that hard work pays, get ready to call bullshit. If you're smart, talented and hard-working, you'll probably end up a little better than an average guy, but you won't get rich without a lot of luck. We may not have a rigid caste system or a formal system of hereditary nobles, but don't pretend that privilege doesn't exist.
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However, there are limits to managing your money wisely. It's one thing to tell some upper middle class guy to buy less shit so he doesn't have to be a wage slave to service all that debt. Telling the working poor to manage their money
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Mod Parent Up(ton Sinclair) (Score:2)
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I wonder how much advertising/marketing had to do with this. After all, marketing has changed from "explaining how you fill a need" to "create a need and then fill it". Should marketing to certain segnments have government oversight?
(I'd say no - any government oversight is bad oversight by definition, but as you say the problem is education - and these people are getting their education
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Huh? Is it the poor's fault or the educational system's fault?
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How is the parent post flamebait? (Score:2)
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2. Comparing a Democrat and a Republican is a cardinal sin for any winger and thus comments of that nature will only be understood by the middle
3. No offense, you should know with your UID that fact has nothing to do with anything that goes on here
If you are actually interested, Ron Paul is a very interesting Republican. I didn't do alot of digging, but based on skimming around he really se
current Republicans (Score:2)
Current "Republicans" are for increasing big business and Democrats for big government.
Current Republicans are just as pro big government as Democrats, the only difference is what part of government would be bigger.
FalconRe: (Score:2)
I had the last couple years covered, if not explicitly.
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how about writing it down & holding it up