http://www.pogowasright.org/?p=9046
Do we need a “right to change our mind” in the cloud?
(Related) Is this where the answers will come form?
http://www.concurringopinions.com/archives/2010/04/the-u-s-supreme-court-and-privacy-law.html
The U.S. Supreme Court and Privacy Law
posted by Daniel Solove
I can’t help but note that there are quite a few cases on the U.S. Supreme Court calendar involving privacy law:
Not surprising. If the system was in error, it's the government's (i.e. the politician's) fault. This way, it's the fault of an ignorant electorate.
http://www.phiprivacy.net/?p=2464
UK: Controversial medical records database suspended
By Dissent, April 18, 2010 9:25 am
Kate Devlin reports:
The project triggered anger when it was revealed that information could have been logged on the system without patients’ knowledge.
The British Medical Association (BMA) warned that many people were not even aware of the scheme, let alone the fact that they could ‘opt out’.
In some cases letters informing patients of their rights had gone missing.
Although records will continue to be uploaded in some early adopter areas, Government plans to roll out the scheme across the country have been effectively halted.
The Department of Health said that uploading of data would begin again only when public awareness had been raised.
Read more in the Telegraph.
Interesting that they see it as a matter of “educating” the public instead of better addressing the numerous security and privacy concerns that have been raised.
(Related) In case you thought this was not an issue in the US. (“It's for the children!”)
http://www.pogowasright.org/?p=9060
Privacy of kids’ records debated
April 18, 2010 by Dissent
Chris Casteel reports:
It’s not just grades and test scores anymore. It’s educational data.
And it comes in many varieties to help educators, students and parents measure academic growth and achievement in the nation’s schools.
[...]
Joel R. Reidenberg, a law professor at Fordham University and a former local school board member in New Jersey, isn’t as enthusiastic as educators about the move to collect more data about students.
After being alarmed at the kinds of information being collected by the state of New Jersey, Reidenberg helped direct a national study on what kind of information states were “warehousing” on kids.
He told the panel that many states were collecting far more information than was mandated by the No Child Left Behind law. [We can, therefore we must! Bob]
Nearly a third were collecting Social Security numbers; 22 percent were recording student pregnancies, and some were even tracking the birth weight of the babies; some were collecting medical test results and mental health records; and some were tracking juvenile criminal records, even though they aren’t public and are often expunged.
Read more on NewsOK.
In the absence of clear federal mandates as to data security, allowing schools to collect and retain such information is an invitation to a privacy disaster. Schools are less likely than other sectors to invest in good IT and security, and this type of data collection is just, frankly, scary. Note that even though they are discussing medical/health information, such information is not protected under HIPAA because the information is considered part of the student’s educational records, and hence, under FERPA. And no, you won’t see the Department of Education fining or penalizing any school for data breaches under FERPA, and no, individuals who might have their data exposed have no individual cause of action (lawsuit) available under FERPA.
“Fink on your friends!” Which party will be first to adopt this in the US?
http://www.pogowasright.org/?p=9058
‘Groom-a-Tory’ iPhone app sparks privacy paranoia
April 18, 2010 by Dissent
John Leyden reports:
Mobile developers have expressed privacy fears over a Conservative general election-related iPhone application.
The app, launched in February, allows iPhone owners to keep tabs on the Tory election campaign, donate money and review policy areas. It also gives the “ability to telephone canvass friends and report their voting intentions back to the Conservative Party”. The Call a Friend feature allows users to canvass their contacts and reports back the names, addresses and voting intentions of called parties via email to the Tories who will “use the data to help local campaigning”.
Dave Addey, managing director of iPhone developer Agant, published a detailed analysis last week after the general election was announced questioning whether this functionality might violate the UK’s Data Protection Act.
Read more in The Register.
We've been talking about this for some time. Nice to see the rest of the world is catching up.
http://www.databreaches.net/?p=11280
As cloud computing grows, customer frustration mounts
April 19, 2010 by admin
Patrick Thibodeau reports:
Users who turned to cloud computing for some of its obvious benefits, such as the ability to rapidly expand and provision systems, are starting to shift their focus to finding ways to fix some early weaknesses.
Cloud computing today has some of the characteristics of a Wild West boom town, but its unchecked growth is leading to frustration, a word that one hears more and more in user discussions about hosted services.
For example, cloud customers — and some vendors as well — are increasingly grousing about the lack of data handling and security standards. Some note that there aren’t even rules that would require cloud vendors to disclose where their clients’ data is stored — even if it’s housed in countries not bound by U.S. data security laws.
Read more on Computerworld.
(Related) If enough people start asking questions, we may have the outline of a decent “contract for cloud computing.”
http://www.pogowasright.org/?p=9079
Privacy and Cloud Computing Challenges
April 19, 2010 by Dissent
Rebecca Herold comments:
[...]
Here are a few of the worries I have with cloud computing as they relate to privacy and information security:
Who has access to the information organizations are putting on these external cloud application and systems servers?
How does an organization’s compliance posture for applicable laws, regulations, standards, contracts and policies change when business, and sometimes even customer and employee, information is stored in the clouds?
How long does information put into the clouds stay in those clouds? Do the clouds have retention policies? Can information be permanently and completed removed from the clouds once it is put there?
Are there any logs generated to show how that cloudy information is accessed, copied, modified and otherwise used?
Can all necessary information in clouds be easily retrieved during e-discovery activities? If so, what are the related costs involved?
Consider a couple of popular cloud computing services, Google Documents (Google Docs for short) and Adobe Photoshop Express.
Read more on Infosec Island.
(Related) Do you suppose more than one amendment applies?
http://www.pogowasright.org/?p=9085
Applying the Fourth Amendment to the Internet: A General Approach
April 19, 2010 by Dissent
A new article by Orin Kerr to add to my must-read list: Applying the Fourth Amendment to the Internet: A General Approach, 62 Stan. L. Rev. 1005 (2010). The Abstract:
This Article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation of Fourth Amendment principles from physical space to cyberspace, and it considers what new distinctions in the online setting can reflect the function of Fourth Amendment protections designed for the physical world. It reaches two major conclusions. First, the traditional physical distinction between inside and outside should be replaced with the online distinction between content and non-content information. Second, courts should require a search warrant that is particularized to individuals rather than Internet accounts to collect the contents of protected Internet communications. These two principles point the way to a technology-neutral translation of the Fourth Amendment from physical space to cyberspace.
Hat-tip, FourthAmendment.com
Note: I expect to see a lot of discussion of this article, although Orin’s previously raised the “technology-neutral” approach before and it’s been discussed by others many times. Criminal defense attorney Scott Greenfield is one of those who do not embrace Orin’s approach, as Scott explains here. Orin’s posted a note on The Volokh Conspiracy about the article, so readers may also want to check there for comments. I’ll be adding links to other commentaries over time.
These are interesting. I wonder if spending on Health Care will remain such a small percentage?
http://www.bespacific.com/mt/archives/024050.html
April 18, 2010
Visual Economics: 100 Years of Consumer Spending
100 Years of Consumer Spending: "Spending habits have changed significantly over the last century. We have seen great increases in the percentage of income that is allocated to housing and transportation, relative spending on food and clothing has fallen. Here is a full breakdown of how consumer spending has changed over the last 100 years."
Related postings on financial system
Amusing, but is it a predictor of the next election?
http://www.bespacific.com/mt/archives/024054.html
April 18, 2010
Pew Report: Distrust, Discontent, Anger and Partisan Rancor The People and Their Government
Distrust, Discontent, Anger and Partisan Rancor The People and Their Government, April 18, 2010
"By almost every conceivable measure Americans are less positive and more critical of government these days. A new Pew Research Center survey finds a perfect storm of conditions associated with distrust of government – a dismal economy, an unhappy public, bitter partisan-based backlash, and epic discontent with Congress and elected officials. Rather than an activist government to deal with the nation’s top problems, the public now wants government reformed and growing numbers want its power curtailed. With the exception of greater regulation of major financial institutions, there is less of an appetite for government solutions to the nation’s problems – including more government control over the economy – than there was when Barack Obama first took office."
Related postings on financial system
Do you have a right to ignore the warranty?
The User’s Manifesto: In Defense Of Hacking, Modding, And Jailbreaking
by Devin Coldewey on Apr 18, 2010
There’s a trend that’s been disturbing me lately. When the topic of modding or jailbreaking comes up — say, in the wake of the iPad announcement, or Sony’s restrictive PS3 update — there is an outcry. Who am I to tell Apple what’s best for their devices? How can I in good conscience urge others to void their warranties or break license agreements? And why should anyone care when only a small proportion of people hack or jailbreak their devices?
… The answer, to me at least, seems obvious: no company or person has the right to tell you that you may not do what you like with your own property.
Well, it's a start. Let's hope they can collect the whole set.
http://www.bespacific.com/mt/archives/024052.html
April 18, 2010
U.S. Department of State Self Study Guides for 35 Countries
"The U.S. Department of State provided these thirty five Self Study Guides in response to a FOIA request. This series of study guides, each covering a country or geographic area, were prepared for the use of USAID staff assigned to temporary duty in those countries. The guides are designed to allow individuals to familiarize themselves with the country or area in which they will be posted. These guides range in date from 2000 - 2006." [via governmentattic.org FOIA request]
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