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EPIC Alert 10.03 [2003] EPICAlert 3







EPIC ALERT

Volume 10.03 February 12, 2003

Published by the Electronic Privacy Information Center (EPIC)
Washington, D.C.

http://www.epic.org/alert/EPIC_Alert_10.03.html

Table of Contents


[1] ABA Urges Oversight for Foreign Intelligence Surveillance Act
[2] EPIC Files FOIA Brief; Appeals Court Rules for Internet Free Speech
[3] Pentagon Spy Program Limited; PATRIOT II Draft Obtained
[4] INS Proposed Rule on Monitoring Travelers Draws Criticism
[5] Report on Public Access to Congressional Research Service Products
[6] EPIC Bill-Track: New Bills in Congress
[7] EPIC Bookstore: Information Privacy Law
[8] Upcoming Conferences and Events

[1] ABA Urges Oversight for Foreign Intelligence Surveillance Act

The 400,000 member American Bar Association (ABA) has adopted aresolution calling on Congress to conduct oversight of the ForeignIntelligence Surveillance Act (FISA) to ensure that governmentinvestigations do not violate Constitutional protections. The ABAalso urged Congress to require annual reports for FISA investigations,
comparable to those required by the federal wiretap act. The ABAaction follows a controversial decision by the Foreign IntelligenceSurveillance Court of Review and ongoing concern about the expandeduse of the special investigative authority created by the ForeignIntelligence Surveillance Act.

The February 10 resolution urges Congress to ensure, throughappropriate legislation, regular and timely oversight, and expandedreporting requirements, that the FISA is used only when the governmenthas a significant foreign intelligence purpose -- as required by theUSA PATRIOT Act -- and not to circumvent the stricter Fourth Amendmentwarrant requirements applicable to ordinary searches and surveillances.

The ABA Resolution stated:

RESOLVED, That the American Bar Association urges the Congress to conduct regular and timely oversight,
including public hearings (except when Congress determines that the requirements of national security make open proceedings inappropriate), to ensure that government investigations undertaken pursuant to the Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 et seq. ("FISA" or "the Act") do not violate the First,
Fourth, and Fifth Amendments to the Constitution and adhere to the Act's purposes of accommodating and advancing both the government's interest in pursuing legitimate intelligence activity and the individual's interest in being free from improper government intrusion.

FURTHER RESOLVED, That the American Bar Association urges the Congress to consider amendments to the Act to
(1) Clarify that the procedures adopted by the Attorney General to protect United States persons, as required by the Act, should ensure that FISA is used when the government has a significant (i.e. not insubstantial) foreign intelligence purpose, as contemplated by the Act, and not to circumvent the Fourth Amendment; and
(2) Make available to the public an annual statistical report on FISA investigations, comparable to the reports prepared by the Administrative Office of the United States Courts, pursuant to 18 U.S.C. sec.
2519, regarding the use of Federal wiretap authority.

The resolution, which now becomes the official policy of the ABA, wasadopted with the support of 87 percent of the House of Delegates.

Mark D. Agrast, Chair of the ABA's Section of Individual Rights andResponsibilities, said that "the ABA House of Delegates has votedoverwhelmingly to require the government to abide by the limitationsthat Congress has placed on the use of the Foreign IntelligenceSurveillance Act."

The Individual Rights and Responsibilities section initiated the FISAresolution, which was co-sponsored by the sections on Litigation,
Criminal Justice, Administrative Law and Regulatory Practice,
International Law and Practice, Science and Technology Law, and theYoung Lawyers Division.

"Following the enactment of the PATRIOT Act, some government officialsasserted that FISA could be used as long as the government could showthat it has a 'measurable' foreign intelligence purpose," said Agrast.
"The resolution makes clear that any such standard misses the mark.
If the asserted purpose is genuinely significant, as Congress hasrequired, the courts shouldn't need a Geiger counter to detect it."

Marc Rotenberg, executive director of EPIC and Chair of the ABACommittee on Privacy and Information Protection, said that the ABA hascontinued an important tradition. "The legal profession must continueto defend the rights established by the Constitution even at times ofnational concern. Nowhere is the threat more urgent than in theexpanded surveillance authority that the government has sought sinceSeptember 11."

EPIC has pursued oversight of electronic surveillance authority sinceits founding and participated in the recent challenge to the use ofFISA authority heard by the Foreign Intelligence Court of Review.

American Bar Association, Section on Individual Rights andResponsibilities:

http://www.abanet.org/irr/

ABA FISA Resolution, February 10, 2003:

http://www.epic.org/privacy/terrorism/fisa/aba_res_021003.html

EPIC's Foreign Intelligence Surveillance Act Page:

http://www.epic.org/privacy/terrorism/fisa/

EPIC's Federal Wiretap Page:

http://www.epic.org/privacy/wiretap/


[2] EPIC Files FOIA Brief; Appeals Court Rules for Internet Free Speech

EPIC, along with 16 legal scholars and technical experts, filed anamicus brief on February 5 in Bureau of Alcohol, Tobacco, and Firearms(BATF) v. City of Chicago with the Supreme Court of the United States,
in support of the respondent.

In March 2003, the Supreme Court will review the decision of the BATFto withhold records under the Freedom of Information Act (FOIA) ofindividuals' firearm purchases. Chicago sought the records in orderto provide evidence in a separate case challenging the marketing anddistribution of firearms to city residents where possession of mostguns is illegal. BATF claims that the records are exempt under theFreedom of Information Act (FOIA), and that release of the recordswould constitute an unreasonable invasion of privacy.

In sum, the Supreme Court is being asked to determine how best toreconcile competing privacy and open government interests. EPIC'sbrief argues that, through the use of technology and encodingtechniques, the government can minimize or eliminate the disclosure ofpersonally identifiable information before releasing it, therebypermitting public oversight of government activities while protectingindividual privacy rights. The brief further states that theenactment of "electronic" FOIA legislation in 1996 constitutes acongressional recognition that technology can be employed to enhanceopen government.

Meanwhile, the importance of Internet free speech was reaffirmed in adecision released on February 7, when the United States Court ofAppeals for the Sixth Circuit upheld the right of a Dallas computerconsultant, Henry Mishkoff, to use the name of a local shopping mallas the domain name for a Web site (http://www.shopsatwillowbend.com/)
that originally commended the mall, and another Web site(http://www.taubmansucks.com/) that criticizes the Taubman Company --
the developer of the mall -- and other parties for asserting thatMishkoff violated Taubman's trademark and demanding that Mishkoffdiscontinue his use of http://www.shopsatwillowbend.com/ and transferthe domain name to Taubman.

According to Paul Levy, an attorney with the Public Citizen LitigationGroup who represented Mishkoff, the Appeals Court decision containsringing language about the importance of free speech on the Internetand the importance of domain names as a way to call attention tonon-confusing and non-commercial websites.

EPIC's amicus brief in BATF v. Chicago is available at:

http://www.epic.org/privacy/chicago/epic_amicus.pdf

More information on the case is available at:

http://www.epic.org/privacy/chicago/

Public Citizen's press release on the Sixth Circuit decision:

http://www.citizen.org/pressroom/release.cfm?ID=1326


[3] Pentagon Spy Program Limited; PATRIOT II Draft Obtained

The House-Senate Conference panel negotiating the omnibus spendingbill has agreed to include substantial limits on Total InformationAwareness (TIA), a Defense Advanced Research Projects Agency (DARPA)
program. The adopted language specifies that funding for TIA willterminate unless DARPA submits a detailed report to Congress within 90days. Additionally, TIA cannot be deployed against US Citizenswithout prior Congressional approval. These limits were introduced bya group of senators led by Ron Wyden (D-OR) as Senate Amendment 59(see EPIC Alert 10.02).

DARPA has conducted a full-fledged public relations effort to derailSenate Amendment 59. The agency has conducted briefings on CapitolHill on TIA, and has attempted to minimize Admiral John Poindexter'scontinuing role in the development of the project. Last week, DARPAattempted to pacify criticism of TIA by establishing internal andexternal advisory boards to review the program for potential civilliberties violations. The internal board will meet in late February.
It will be staffed by Department of Defense officials and chaired byPete Aldridge, an Undersecretary for Defense. The external board ischaired by Professor Newton Minnow, and its members include Zoe Baird,
Floyd Abrams, Griffin Bell, Lloyd Cutler, William Coleman, and GerhardCasper. The external board will be subject to the open governmentprovisions of the Federal Advisory Committee Act.

In related news, the Center for Public Integrity obtained an apparentdraft of "PATRIOT II" legislation late last week. The draft, datedJanuary 9, 2003, contains an analysis and the proposed text of the"Domestic Security Enhancement Act of 2003." This draft legislationcontinues the Justice Department's trend of increasing executivegovernment police power while either limiting or eliminatingcongressional or judicial oversight. If enacted in its current form,
the legislation would:

* create a DNA database of suspected terrorists;

* establish a new penalty for the use of encryption to mask information relating to a felony;

* allow police access to credit reports with no judicial oversight;

* immunize businesses from liability if they hand over customer data to law enforcement based upon a "reasonable belief that the information may assist" in a terrorism investigation; and
* exempt more government information from the Freedom of Information Act.

Senate Amendment 59:

http://www.epic.org/privacy/profiling/tia/sa59.html

H. J. Res. 2, Omnibus Appropriations Bill:

http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HJ00002:

EPIC's Total Information Awareness Page:

http://www.epic.org/privacy/profiling/tia/

Center for Public Integrity's Report on PATRIOT II:

http://www.epic.org/redirect/integrity.html

EPIC Mirror of PATRIOT II Draft (PDF, 12MB):

http://www.privacy.org/patriot2draft.pdf

HTML Copy of PATRIOT II Draft:

http://www.dailyrotten.com/source-docs/patriot2draft.html


[4] INS Proposed Rule on Monitoring Travelers Draws Criticism

The Immigration and Naturalization Service (INS) proposed rule tocollect passenger manifest data on travelers has drawn criticism fromEPIC and the International Air Transport Association (IATA), a tradeassociation that represents over 270 air carriers. EPIC's comments onthe rule argue that the INS has failed to comply with the applicablestatutory requirements, and that it should reissue its notice aftercomplying with the Privacy Act. When an agency seeks to create andmaintain a "system of records," as the INS does in this case, thePrivacy Act imposes certain requirements that must be met. Theserequirements include collection limitation; adequate notice of whetherthe response is voluntary or mandatory, the principal purposes androutine uses of the information, and the effects of refusal to provideit; procedures for data disposal and sharing; and opportunities foraccess and correction. The Privacy Act also requires information tobe collected, to the extent that it is possible, directly from thesubject rather than through a third-party intermediary.

EPIC's comments also suggested that the INS might be implicating theconstitutional right to freedom of movement, but that without furtherinformation required under the Privacy Act it is difficult to assessthe full impact of the proposal. The Supreme Court has held that theright to travel is "not mere conditional liberty subject to regulationand control...," but "a virtually unconditional personal right." TheCourt has also held that "[t]ravel abroad, like travel within thecountry, may be necessary for a livelihood. It may be as close to theheart of the individual as the choice of what he eats, or wears, orreads. Freedom of movement is basic to our scheme of values." To theextent that the proposed collection of personally identifiableinformation would enhance the government's ability to track themovements and associations of United States persons, it would clearlyimplicate individuals' right to travel internationally and toassociate anonymously.

The IATA comments focused on the increased burden these proposed ruleswould create for airlines because they will be responsible forcollecting the data elements from the individuals, and will need togive the US government access to the information. The IATA notes thatthe European Commission and several individual European governmentshave raised significant questions related to the legality of carriersoperating from European airports actually participating in theadvanced passenger information program. The comments state that ifthe "data was given directly by the individual . . . the issue of dataprotection and/or privacy would be circumvented." The IATA has calledupon the US government to enter into direct discussions with othercountries and intergovernmental organizations to focus upon findingsolutions to data protection concerns, including in particular theprovision that gives US government access to airline computer systems.
The IATA comments state that this has become a political issue thatcan be resolved only by the governments themselves, and that the IATAdoes not want any international air carriers to violate the laws ofanother country as a condition of serving the US market.

The IATA also commented on the unfeasibility of using the PassengerName Record (PNR) number as a unique passenger identification number.
The comments note, "No carrier can create a number that is unique toan arriving passenger, and then ensure that this same uniqueidentifier will apply to that passenger upon departure via its own oranother carrier's services. Accordingly, we ask the Service toreconsider this requirement and the uses for which it was originallyintended." The IATA has also previously commented on theinternational data protection implications of providing the USgovernment with access to airline PNR records.

To date, the INS has not made any public response to either thecomments filed by EPIC or the IATA.

EPIC Passenger Manifest Comments:

http://www.epic.org/privacy/airtravel/ins_manifest_comments.pdf

IATA Passenger Manifest Comments:

http://www.epic.org/privacy/airtravel/iata_pnr_access1.pdf
http://www.epic.org/privacy/airtravel/iata_ins_pax_manifest.pdf

EPIC's Air Travel Privacy page:

http://www.epic.org/privacy/airtravel/


[5] Report on Public Access to Congressional Research Service Products

The Project on Government Oversight (POGO) recently released a reporttitled "Congressional Research Service Products: Taxpayers Should HaveEasy Access."

According to the report, CRS -- the public policy research arm of theUnited States Congress -- does not readily make available many of itsproducts to the public, such as "Reports to Congress," "Issue Briefs,"
and "Authorization and Appropriations Reports;" instead, privateorganizations such as Lexis and Westlaw have profited from sellingsome of these resources. A few government and educational resourcescan gain access through affiliated lobbyists, and they have made someCRS information available on their Web sites, but not a significantenough amount to foster truly effective searches. Further, the publicis also restricted from accessing the CRS Web site and the LegislativeInformation System (LIS) Web site, which contain much more informationthan the Library of Congress' public Web site, "THOMAS." The reportrecommends that CRS products should be made readily available to thegeneral public, especially in light of the fact that similarlegislative agencies such as the General Accounting Office and theCongressional Budget Office have made a habit of ensuring that theirresources are publicly available.

The release of this report coincided with a Senate hearing on theintroduction of a resolution intended to make many CongressionalResearch Service (CRS) products and other public records available onthe Internet. There is currently bipartisan support for thisresolution in the Senate.

POGO Report, "Congressional Research Service Products: TaxpayersShould Have Easy Access":

http://www.pogo.org/p/government/go-030201-crs.html

POGO Web site:

http://www.pogo.org/

EPIC's Open Government Page:

http://www.epic.org/open_gov/


[6] EPIC Bill-Track: New Bills in Congress

*House*

H.R.338 Defense of Privacy Act: To amend title 5, United States Code,
to require that agencies, in promulgating rules, take intoconsideration the impact of such rules on the privacy of individuals,
and for other purposes. Sponsor: Rep Chabot, Steve (R-OH). Committees:
House Judiciary. Latest Major Action: 1/27/2003 Referred to Housecommittee. Status: Referred to the House Committee on the Judiciary.

H.R.395 Do-Not-Call Implementation Act: To authorize the Federal TradeCommission to collect fees for the implementation and enforcement of a"do-not-call" registry, and for other purposes. Sponsor: Rep Tauzin,
W. J. (Billy) (R-LA). Committees: House Energy and Commerce. LatestMajor Action: 1/29/2003 House committee/subcommittee actions. Status:
Ordered to be Reported by Voice Vote.

H.R.439 Domestic Consumer Safety Act of 2003: To create a system ofbackground checks for certain workers who enter people's homes, andfor other purposes. Sponsor: Rep Andrews, Robert E. (D-NJ).
Committees: House Energy and Commerce. Latest Major Action: 1/29/2003Referred to House committee. Status: Referred to the House Committeeon Energy and Commerce.

H.R.502 To require identification that may be used in obtainingFederal public benefits to meet restrictions ensuring that it issecure and verifiable. Sponsor: Rep Tancredo, Thomas G. (R-CO).
Committees: House Government Reform; House Judiciary; HouseAdministration. Latest Major Action: 1/29/2003 Referred to Housecommittee. Status: Referred to the Committee on Government Reform, andin addition to the Committees on the Judiciary, and HouseAdministration, for a period to be subsequently determined by theSpeaker, in each case for consideration of such provisions as fallwithin the jurisdiction of the committee concerned.

H.R.526: To direct certain Federal agencies to issue rules thatcoordinate with the establishment by the Federal Trade Commission of alist of telephone numbers of consumers who do not want to receivetelephone calls for telemarketing purposes. Sponsor: Rep Johnson,
Nancy L. (R-CT). Committees: House Energy and Commerce; HouseFinancial Services; House Agriculture. Latest Major Action: 2/4/2003Referred to House committee. Status: Referred to the Committee onEnergy and Commerce, and in addition to the Committees on FinancialServices, and Agriculture, for a period to be subsequently determinedby the Speaker, in each case for consideration of such provisions asfall within the jurisdiction of the committee concerned.

H.R.537: To authorize the grant program for elimination of thenationwide backlog in analyses of DNA samples at the level necessaryto completely eliminate the backlog and obtain a DNA sample from everyperson convicted of a qualifying offense. Sponsor: Rep Andrews, RobertE. (D-NJ). Committees: House Judiciary. Latest Major Action: 2/5/2003Referred to House committee. Status: Referred to the House Committeeon the Judiciary.

H.R.538: To amend the Federal Rules of Evidence to establish aparent-child privilege. Sponsor: Rep Andrews, Robert E. (D-NJ).
Committees: House Judiciary. Latest Major Action: 2/5/2003 Referred toHouse committee. Status: Referred to the House Committee on theJudiciary.

H.R.581: To amend title 18, United States Code, to provide thatcertain sexual crimes against children are predicate crimes for theinterception of communications, and for other purposes. Sponsor: RepJohnson, Nancy L. (R-CT). Committees: House Judiciary. Latest MajorAction: 2/5/2003 Referred to House committee. Status: Referred to theHouse Committee on the Judiciary.

H.R.637 : To amend title 18, United States Code, to limit the misuseof Social Security numbers, to establish criminal penalties for suchmisuse, and for other purposes. Sponsor: Rep Sweeney, John E. (R-NY).
Committees: House Judiciary; House Ways and Means. Latest MajorAction: 2/5/2003 Referred to House committee. Status: Referred to theCommittee on the Judiciary, and in addition to the Committee on Waysand Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within thejurisdiction of the committee concerned.

*Senate*

S.188 Data-Mining Moratorium Act of 2003: A bill to impose amoratorium on the implementation of datamining under the TotalInformation Awareness program of the Department of Defense and anysimilar program of the Department of Homeland Security, and for otherpurposes. Sponsor: Sen Feingold, Russell D. (R-WI). Committees: SenateJudiciary. Latest Major Action: 1/16/2003 Referred to Senatecommittee. Status: Read twice and referred to the Committee on theJudiciary.

S.223 Identity Theft Prevention Act: A bill to prevent identity theft,
and for other purposes. Sponsor: Sen Feinstein, Dianne (D-CA).
Committees: Senate Banking, Housing, and Urban Affairs. Latest MajorAction: 1/28/2003 Referred to Senate committee. Status: Read twice andreferred to the Committee on Banking, Housing, and Urban Affairs.

S.226 Illicit Drug Anti-Proliferation Act of 2003: A bill to prohibitan individual from knowingly opening, maintaining, managing,
controlling, renting, leasing, making available for use, or profitingfrom any place for the purpose of manufacturing, distributing, orusing any controlled substance, and for other purposes. Sponsor: SenBiden Jr., Joseph R. (D-DE). Committees: Senate Judiciary. LatestMajor Action: 1/28/2003 Referred to Senate committee. Status: Readtwice and referred to the Committee on the Judiciary.

S.228 Social Security Number Misuse Prevention Act: A bill to amendtitle 18, United States Code, to limit the misuse of social securitynumbers, to establish criminal penalties for such misuse, and forother purposes. Sen Feinstein, Dianne (D-CA). Latest Major Action:
1/29/2003 Senate preparation for floor. Status: Read the second time.
Placed on Senate Legislative Calendar under General Orders. CalendarNo. 5.

S.335 Family Dinnertime Protection Act of 2003: A bill to expand thecalling time restrictions on telemarketing telephone calls to includethe period from 5:30 p.m. to 7:30 p.m., and for other purposes.
Sponsor: Sen Johnson, Tim (D-SD). Committees: Senate Commerce,
Science, and Transportation. Latest Major Action: 2/10/2003 Referredto Senate committee. Status: Read twice and referred to the Committeeon Commerce, Science, and Transportation.

EPIC Bill Track: Tracking Privacy, Speech, and Cyber-Liberties Billsin the 108th Congress, is available at:

http://www.epic.org/privacy/bill_track.html


[7] EPIC Bookstore: Information Privacy Law

Information Privacy Law, by Daniel J. Solove and Marc Rotenberg (AspenPublishers 2003). ISBN: 0735533822, 823 pages, $62.00
http://www.epic.org/bookstore/privacycasebook/

"Now this rapidly evolving area of law finally has the text itdeserves. Written by two of the field's leading figures, this book'sreadings and cases cover the full range of privacy issues, fromMegan's Law to employee monitoring to genetic privacy. It alsoincludes the first extensive coverage of several important topics,
especially in such key areas as medical privacy and international law.

"Information Privacy Law includes insightful analysis of all the majorcases including Bartnicki v. Vopper, Watchtower Bible v. Village ofStratton, United States v. Kyllo, McVeigh v. Cohen, United States v.
Kennedy, Doe v. 2TheMart, United States v. Simons, and others.

"Information Privacy Law also includes explanations of key statutesand regulations such as the Freedom of Information Act, Children'sOnline Privacy Protection Act, European Union Data ProtectionDirective, Electronic Communications Privacy Act, and more."

- Aspen Publishers
TABLE OF CONTENTS
1. Introduction A. Privacy and its Legal Protection B. Privacy Law: Origins and Roots C. Philosophical Perspectives D. Protecting Privacy: Technology and Policy2. Privacy and the Media A. The Recognition of Warren and Brandeis's Privacy Torts B. Information Gathering C. Disclosure of Truthful Information D. Dissemination of False or Misleading Information E. Appropriation of Name or Likeness3. Health and Genetic Privacy A. Medical Information B. Physician/Psychotherapist-Patient Confidentiality C. Genetic Information4. Privacy and Law Enforcement A. The Fourth Amendment and Emerging Technology B. Federal Wiretap Law C. Encryption D. Government Computer Searches E. Records of Innocent Parties F. Police Records5. Privacy of Associations, Anonymity, and Identification A. Privacy of Group Associations B. Anonymity C. Identification6. Privacy, Records, and Computer Databases A. Public Sector Records and Computer Databases B. Private Sector Records and Computer Databases7. Privacy and Place A. Privacy at Home B. Privacy at School C. Privacy at Work8. International Privacy A. The Protection of Privacy in Europe B. Data Protection Frameworks C. International Transfers of Data

EPIC Publications:

"The Privacy Law Sourcebook 2002: United States Law, InternationalLaw, and Recent Developments," Marc Rotenberg, editor (EPIC 2002).
Price: $40. http://www.epic.org/bookstore/pls2002/

The "Physicians Desk Reference of the privacy world." An invaluableresource for students, attorneys, researchers and journalists who needan up-to-date collection of U.S. and International privacy law, aswell as a comprehensive listing of privacy resources.


"FOIA 2002: Litigation Under the Federal Open Government Laws," HarryHammitt, David Sobel and Mark Zaid, editors (EPIC 2002). Price: $40.
http://www.epic.org/bookstore/foia2002/

This is the standard reference work covering all aspects of theFreedom of Information Act, the Privacy Act, the Government in theSunshine Act, and the Federal Advisory Committee Act. The 21stedition fully updates the manual that lawyers, journalists andresearchers have relied on for more than 25 years. For those wholitigate open government cases (or need to learn how to litigatethem), this is an essential reference manual.


"Privacy & Human Rights 2002: An International Survey of Privacy Lawsand Developments" (EPIC 2002). Price: $25.
http://www.epic.org/bookstore/phr2002/

This survey, by EPIC and Privacy International, reviews the state ofprivacy in over fifty countries around the world. The survey examinesa wide range of privacy issues including data protection, telephonetapping, genetic databases, video surveillance, location tracking, IDsystems and freedom of information laws.


"Filters and Freedom 2.0: Free Speech Perspectives on Internet ContentControls" (EPIC 2001). Price: $20.
http://www.epic.org/bookstore/filters2.0/

A collection of essays, studies, and critiques of Internet contentfiltering. These papers are instrumental in explaining why filteringthreatens free expression.


"The Consumer Law Sourcebook 2000: Electronic Commerce and the GlobalEconomy," Sarah Andrews, editor (EPIC 2000). Price: $40.
http://www.epic.org/cls/

The Consumer Law Sourcebook provides a basic set of materials forconsumers, policy makers, practitioners and researchers who areinterested in the emerging field of electronic commerce. The focus ison framework legislation that articulates basic rights for consumersand the basic responsibilities for businesses in the online economy.


"Cryptography and Liberty 2000: An International Survey of EncryptionPolicy," Wayne Madsen and David Banisar, authors (EPIC 2000). Price:
$20. http://www.epic.org/crypto&/

EPIC's third survey of encryption policies around the world. Theresults indicate that the efforts to reduce export controls on strongencryption products have largely succeeded, although severalgovernments are gaining new powers to combat the perceived threats ofencryption to law enforcement.


EPIC publications and other books on privacy, open government, freeexpression, crypto and governance can be ordered at:

EPIC Bookstore http://www.epic.org/bookstore/

"EPIC Bookshelf" at Powell's Books http://www.powells.com/features/epic/epic.html


[8] Upcoming Conferences and Events

** Uniting Privacy and the First Amendment in the 21st Century **

May 9-10, 2003Oakland, CA
EPIC, the First Amendment Project, and the California Office ofPrivacy Protection are sponsoring this activist symposium designed toexplore the interplay between privacy and First Amendment rights, withthe goal of developing strategies for optimizing both.

If you are interested in making a presentation or leading a WorkingGroup, please submit a letter outlining your proposed presentation andincluding a brief explanation of the issue to be addressed, a list ofpossible presenters, and the desired outcome of the session to:
<dgreenethefirstamendment.org>

For more information: http://www.epic.org/events/unitingsymposium/


Call for Proposals: February 15, 2003. O'Reilly Open SourceConvention. July 7-11, 2003. Portland, OR. For more information:
http://conferences.oreilly.com/oscon/

Third Annual Privacy & Data Security Summit: Implementing & ManagingPrivacy in a Complex Environment. International Association of PrivacyProfessionals. February 26-28, 2003. Washington, DC. For moreinformation: http://www.privacyassociation.org/html/conferences.html

Quality Labels for Web Sites: Alternative Approaches to Content Rating.
Programme in Comparative Media Law and Policy (PCMLP), OxfordUniversity. February 27, 2003. Kirchberg, Luxembourg. For moreinformation: http://saferinternet.org/news/Quality-label-workshop.asp

The Law and Technology of DRM: What will DRM technologies mean for thefuture of information? University of California, Berkeley, School ofInformation Management and Systems and Boalt Hall School of Law.
February 27 - March 1, 2003. Berkeley, CA. For more information:
http://www.law.berkeley.edu/institutes/bclt/drm/

Legal and Pedagogical Aspects of a Safer Internet. Safer Internet ForKnowing and Living (SIFKaL). February 28, 2003. Kirchberg, Luxembourg.
For more information: http://rechtsinformatik.jura.uni-sb.de/sifkal/

Spectrum Policy: Property or Commons? Stanford Law School Center forInternet and Society. March 1, 2003. For more information:
http://cyberlaw.stanford.edu/spectrum/

Identity Theft: Current Enforcement and Prevention Efforts. New YorkCity Bar Association, Committee on Consumer Affairs. March 12, 2003.
New York, NY. For more information: <jgreenbaumfkkslaw.com>

P&AB's Privacy Practitioners' Workshop and Ninth Annual NationalConference. Privacy & American Business. March 12-14, 2003.
Washington, DC. For more information:
http://www.pandab.org/postcard.pdf

Big Brother Technologies. A Choices and Challenges Forum. Center forInterdisciplinary Studies, Virginia Polytechnic Institute and StateUniversity. March 27, 2003. Blacksburg, VA. For more information:
http://www.cddc.vt.edu/choices/2003/

CFP2003: 13th Annual Conference on Computers, Freedom, and Privacy.
Association for Computing Machinery (ACM). April 1-4, 2003. New York,
NY. For more information: http://www.cfp2003.org/

28th Annual AAAS Colloquium on Science and Technology Policy. AmericanAssociation for the Advancement of Science. April 10-11, 2003.
Washington, DC. For more information:
http://www.aaas.org/spp/rd/colloqu.htm

Integrating Government With New Technologies '03: E-Government, Changeand Information Democracy. Riley Information Services. April 11, 2003.
Ottawa, Canada. For more information: http://www.rileyis.com/seminars/

RSA Conference 2003. RSA Security. April 13-17, 2003. San Francisco,
CA. For more information: http://www.rsaconference.com/

Building the Information Commonwealth: Information Technologies andProspects for Development of Civil Society Institutions in theCountries of the Commonwealth of Independent States.
Interparliamentary Assembly of the Member States of the Commonwealthof Independent States (IPA). April 22-24, 2003. St. Petersburg,
Russia. For more information: http://www.communities.org.ru/conference/

O'Reilly Emerging Technology Conference. April 22-25, 2003. SantaClara, CA. For more information: http://conferences.oreilly.com/etcon/

Mid Canada Information Security Conference. Information ProtectionAssociation of Manitoba. April 30, 2003. Winnipeg, Manitoba, Canada.
For more information: http://www.ipam.mb.ca/mcisc/

Privacy2003. Technology Policy Group. September 30 - October 2, 2003.
Columbus, OH. For more information:
http://www.privacy2000.org/privacy2003/

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The EPIC Alert mailing list is used only to mail the EPIC Alert and tosend notices about EPIC activities. We do not sell, rent or share ourmailing list. We also intend to challenge any subpoena or other legalprocess seeking access to our mailing list. We do not enhance (linkto other databases) our mailing list or require your actual name.

In the event you wish to subscribe or unsubscribe your e-mail addressfrom this list, please follow the above instructions under"subscription information". Please contact infoepic.org if you wouldlike to change your subscription e-mail address, if you areexperiencing subscription/unsubscription problems, or if you have anyother questions.

About EPIC

The Electronic Privacy Information Center is a public interestresearch center in Washington, DC. It was established in 1994 tofocus public attention on emerging privacy issues such as the ClipperChip, the Digital Telephony proposal, national ID cards, medicalrecord privacy, and the collection and sale of personal information.
EPIC publishes the EPIC Alert, pursues Freedom of Information Actlitigation, and conducts policy research. For more information,
e-mail infoepic.org, http://www.epic.org or write EPIC, 1718Connecticut Ave., NW, Suite 200, Washington, DC 20009.
+1 202 483 1140 (tel), +1 202 483 1248 (fax).

If you'd like to support the work of the Electronic PrivacyInformation Center, contributions are welcome and fullytax-deductible. Checks should be made out to "EPIC" and sent to1718 Connecticut Ave., NW, Suite 200, Washington, DC 20009.
Or you can contribute online at:

http://www.epic.org/donate/

** Receive a free Observing Surveillance conference poster withdonation of $75 or more! **

Your contributions will help support Freedom of Information Act andFirst Amendment litigation, strong and effective advocacy for theright of privacy and efforts to oppose government regulation ofencryption and expanding wiretapping powers.

Thank you for your support.

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