funsec mailing list archives

RE: U.S. Plans Massive Data Sweep


From: Paul Schmehl <pauls () utdallas edu>
Date: Fri, 10 Feb 2006 13:25:54 -0600

--On Friday, February 10, 2006 08:49:56 -0500 "Richard M. Smith" <rms () computerbytesman com> wrote:

How is database-ifying publicly available information "intruding too
deeply into citizens' privacy"?

This data gathering effort by the DHS must comply with the 1974 Federal
Privacy act:

http://www.usdoj.gov/foia/privstat.htm

Section (e) has many requirements which I believe DHS will have trouble
with.  Here's one example:

(7) maintain no record describing how any individual exercises rights
guaranteed by the First Amendment unless expressly authorized by statute
or by the individual about whom the record is maintained

or unless
pertinent to and within the scope of an authorized law enforcement
activity;
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

That looks like a huge gaping hole to me.

Paul Schmehl (pauls () utdallas edu)
Adjunct Information Security Officer
University of Texas at Dallas
AVIEN Founding Member
http://www.utdallas.edu/ir/security/
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