Consumer Action
Consumer Federation
of America
Consumers
Union
Electronic
Privacy Information Center
Identity Theft
Resource Center
National Consumers
League
Privacy Journal
Privacy Rights
Clearinghouse
Privacy Times
The Named
U.S. Public
Interest Research Group
OPPOSE THE GREGG “AMY BOYER LAW”
SECTION 626 of CJS APPROPS (HR 4690
RS)
RIDDLED WITH LOOPHOLES AND SPECIAL
INTEREST PROVISIONS
--Won't Stop Future Internet Stalkers.
Won’t Protect Privacy
17
October 00
Dear
Senator and House Appropriator,
We
are writing on behalf of a broad coalition of consumer/privacy/civil liberties
groups to once again urge your opposition to inclusion of the so-called
“Amy Boyer Law” in the Commerce Justice State Appropriations bill. Congress
should not pass an eleventh hour bill riddled with loopholes and exceptions
for special interests that will render its supposed Social Security Number
privacy protections meaningless. Even worse, the bill would preempt stronger
state Social Security Number protection. We strongly oppose this legislation.We
do not believe its fatal flaws can be corrected with last minute amendments.
The
bill is named for Amy Boyer, the young victim of a stalker who traced her
on the Internet through a so-called information broker. Yet, the bill includes
at least two exceptions that would protect information brokers, but not
future Amy Boyers. First, its language exempting all uses now allowed under
the Fair Credit Reporting Act creates a class of unregulated users-- the
credit bureaus. These firms sell a product (containing a name, address
and Social Security Number) called a "credit header" that forms the basis
of many information broker databases. Second, the bill has a "commercial
uses" exception that would probably sweep in information brokers, private
detectives, and others whose uses should not be either unregulated or under-regulated.
Further,
the bill also would exempt from its remaining nominal protections against
Social Security number display any Social Security Numbers derived from
public records. This gaping loophole swallows any remaining rule. Finally,
the bill would preempt stronger state laws protecting Social Security Numbers.
This is unacceptable to our organizations.
We
understand that Senator Gregg is considering alternative language for some
provisions. The best alternative is not to establish narrower loopholes,
but to simply not act at all. Instead, the Congress should come back in
January and enact legislation that protects consumer privacy, and prevents
future Internet stalking tragedies, instead of protecting commercial users
by carving out loopholes in our privacy protections.
Sincerely,
Ken
McEldowney
Consumer
Action
Travis
Plunkett
Consumer
Federation of America
Frank
Torres
Consumers
Union
Andrew
Shen
Electronic
Privacy Information Center
Linda
Foley
Identity
Theft Resource Center
Susan
Grant
National
Consumers League
Robert
Ellis Smith
Privacy
Journal
Beth
Givens
Privacy
Rights Clearinghouse
Evan
Hendricks
Privacy
Times
Ram
Avrahami
The
NAMED
Edmund
Mierzwinski
U.S.
Public Interest Research Group