Texas House Votes to Exempt Clerks From Privacy Laws
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The Texas House of Representatives approved a bill to allow local courthouse clerks to disclose &#8220;in the ordinary course of business&#8221; Social Security numbers contained in public records maintained by their offices.
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The House of Representatives passed legislation Wednesday that further penalizes the use of spyware, but leaves out requirements for compliance by software developers.
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(InfoWorld) - Two U.S. representatives have introduced a law that would give the U.S. Federal Trade Commission the authority to investigate and prosecute imposters who gain access to other people's private telephone records. The bill, introduced Wednesday by Representatives Jay Inslee, a Washington Democrat, and Marsha Blackburn, a Tennessee Republican, comes in addition to a bill signed into law by President George Bush in January criminalizing the phone records scheme known as pretexting. The new pretexting bill is important because the FTC has more expertise and interest in prosecuting identity theft cases than many local prosecutors, a spokeswoman for Inslee said. Ken Springer, the founder and president of Corporate Resolutions, a private investigations firm, applauded the pretexting legislation. State prosecutors have been targeting similar tactics to get personal bank records for about 10 years, and reputable private investigations firms haven't used pretexting for many years, he said. "You've got to play by the rules," said Springer, a former special agent with the Federal Bureau of Investigation. "It's not a grey area. You can't use it." Although corporate customers may demand that private investigators use all means necessary, Springer tells clients they should consider that the details of their investigations could wind up in the media. "The risk-reward [balance] is something they should consider," he said. After a pretexting scandal at Hewlett-Packard in late 2006, "corporate America got the message," he said. Still, the new pretexting bill can give customers faith that their records are protected, he said. Inslee and Blackburn introduced a similar bill in January 2006, but it didn't come up for a vote on the floor of the House of Representatives. Their Consumer Telephone Records Protection Act would make it illegal for anyone to knowingly obtain confidential phone records by making false or fraudulent statements to a telephone company or to knowingly sell or receive confidential phone records knowing such information was obtained fraudulently. The bill would also require telephone companies to notify customers when their phone records fall into the wrong hands. In January, Bush signed a law making pretexting illegal, punishable with up to 10 years in prison and fines. Fines and prison sentences would increase if the violations involve more than 50 telephone customers. Congress began investigating pretexting in early 2006 after media reports and a complaint from privacy advocacy group the Electronic Privacy Information Center showed that several companies were selling private phone records online for less than $100. Then in September, HP revealed that investigators it hired had used pretexting to try to discover the source of board leaks.Â California prosecutors charged former HP board Chairwoman Patricia Dunn, former HP legal counsel Kevin Hunsaker, and three investigators with feloniesÂ late last year.
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Social networking Web sites like MySpace and Facebook would have access to a database of sex offenders for checking names and addresses against public profiles under a bill introduced Tuesday in Congress.
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Two U.S. representatives introduce a law to give the U.S. Federal Trade Commission authority over imposters who gain access to private telephone records.
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(InfoWorld) - Legislation that would allow the U.S. Federal Trade Commission (FTC) to seek civil penalties against businesses that obtain personal data under false pretenses may soon get a vote in the U.S. House of Representatives. The full House could vote on Prevention of Fraudulent Access to Phone Records Act as soon as late Friday or Saturday, Representative Joe Barton, the chairman of the House Energy and Commerce Committee, said Friday. Barton, a Texas Republican, asked the House leadership to move forward with the bill afterÂ lawmakers ripped into Hewlett-Packard Co. (HP) officials ThursdayÂ for allowing the practice during an investigation into board leaks. HP President and Chief Executive Officer Mark Hurd and former HP Chairwoman Patricia Dunn both testified Thursday that they did not know the details of how the leak investigation was conducted. The pretexting legislation has been stalled since the House Energy and Commerce Committee unanimously approved it in March. The bill would allow the FTC to seek civil penalties against so-called pretexters, those who masquerade as a customer to gain access to phone records or other personal information. Representatives of five mobile phone service carriers raised no objections to the bill during Friday's hearing. Lawmakers questioned if more businesses than HP have used pretexting or other questionable investigatory methods. "How do we, and how does corporate America, break this ethos that, if someone thinks that illegal or unethical activity ... is acceptable, everybody else in a corporation goes along with it?" said Representative Diana DeGette, a Colorado Democrat. DeGette will explore ways to add new requirements to the Sarbanes-Oxley financial reporting law, she said. Christopher Bryon, a columnist for the New York Post, told lawmakers Friday that he was a victim of pretexting four years ago, long before the HP investigation came to light. A facial recognition software company hired a pretexter to gain access to his sources after he wrote a column about the company, Bryon said. Pretexting appears to be a widespread practice among U.S. businesses, Bryon said. "This is not something I wanted my family to grow up with ... wondering if your mail is being read, if your phone is tapped, if there's a bug in your bedroom," he said. The FTC has filed five lawsuits against alleged pretexters, but the agency lacks the legal authority to seek civil damages, said Joel Winston, associate director of privacy and identity protection at the FTC. The FTC sought to recover pretexting-related profits in those cases, but additional civil penalties would give the agency an additional tool to use against identity thieves, he said. A second pretexting bill, the Telephone Records and Privacy Protection Act, has passed the House, but the measure is hung up in the Senate over disagreements over the best approach. The House bill would make pretexting a crime, with a penalty of up to 10 years in prison. Congress is scheduled to adjourn by early next week until after the Nov. 7 general election. Congress may come back into session late in the year to address unfinished business.
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The House of Representatives, worried by abuse of Internet-age technology, has moved to crack down on video voyeurism by adopting a bill that makes secret production and distribution of pictures of people caught in their &quot;private moments&quot; punishable by fines and up to a year in jail.
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The U.S. House Judiciary Committee  on Thursday approved legislation aimed at preventing high-speed  Internet network providers from discriminating against  unaffiliated services, content and applications.
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The Supreme Court will get rid of a little bit of its secrecy next week when it abolishes the practice of keeping justices' names out of the official record of argument sessions.
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The US House of Representatives passed a bill this week that could allow criminal charges to be brought against individuals who use file-swapping Web sites or networks.
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Legislation that would make it  illegal to obtain and sell consumers' telephone records could  come to a vote in the U.S. House of Representatives on Friday,  said Rep. Joe Barton, one of the measure's authors.
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The House on Thursday passed the second bill in three days that would outlaw "spyware," irritating software that quietly monitors the activities of Internet users.
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The House on Thursday passed the second bill in three days that would outlaw "spyware," irritating software that quietly monitors the activities of Internet users.    It would add penalties of up to five years in prison for people convicted of installing such programs without a computer user's permission...
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(InfoWorld) - A U.S. House of Representatives Committee has approved a controversial bill that would broaden the U.S. government's ability to conduct electronic surveillance on U.S. residents by making it easier for federal law enforcement officials to get court-issued warrants. The Electronic Modernization Surveillance Act,Â opposed by several privacy groups, would also allow federal law enforcement officials to spy on U.S. residents for up to 90 days without a court order in the period after a terrorist attack. The House Judiciary Committee approved the legislation Wednesday by a 20-16 vote, with all committee Democrats present voting against the bill. The bill, sponsored by Representative Heather Wilson, a New Mexico Republican, would reduce the amount of information required from federal agents applying for a wiretapping warrant from the U.S. Foreign Intelligence Surveillance Court. The bill would clarify that the U.S. government can seek wiretaps on any type of electronic communication, not just telephone- or radio-spectrum-based communication. Republicans praised the bill, saying it will help the U.S. government fight terrorism. The bill will provide the U.S. intelligence agencies "greater agility and flexibility as they try to thwart our determined and dangerous terrorist enemies," Committee Chairman James Sensenbrenner, a Wisconsin Republican, said in a statement. The full House is expected to vote on the bill by the end of the month. The committee's action comes after U.S. President George Bush called on Congress to approve a controversial electronic surveillance program conducted by the U.S. National Security Agency (NSA). The NSA has conducted the program, reportedly targeting U.S. residents speaking with foreigners who have suspected terrorism connections, without getting court warrants. Bush has asked Congress to authorize the NSA program to ward off multiple court challenges against it. In August, a U.S. judge in Michigan ruled the NSA program is illegal and must be halted. The Bush administration has appealed that ruling. The Senate Judiciary CommitteeÂ approved three surveillance billsÂ last week. The Center for Democracy and Technology, a privacy and civil liberties advocacy group, called the Wilson bill and the Senate's National Security Surveillance Act two of the worst bills now in Congress. "Couched in the seemingly laudable terms of 'modernization,' the bills would radically undermine the privacy of innocent Americans -- not just by legitimizing the administration's warrantless surveillance programs -- but by granting this and future administrations even broader authority to spy on Americans in the United States without judicial review," the CDT said on its Web site.
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The US House of Representatives was forced to pass a temporary measure keeping the government open on Wednesday after one embarrassing clause allowing lawmakers to see
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U.S. House officials, in rebuffing efforts by Florida investigators to access former U.S. Rep. Mark Foley's congressional computers, said they found no sexually explicit photos
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Opponents of controversial law win vote in the Senate on Wednesday to restrict uses of the forthcoming digital ID cards, signaling the political winds may have shifted.