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Re: Clinton outlines new privacy legislation



Okay, I'm going to respond to myself here.

It's too bad that Clinton's dedication to freedom has come at the expense of
his dedication to free speech and property rights.

"From our earliest days, part of what has made America unique has been our
dedication to freedom, and the clear understanding that real freedom
requires a certain space of personal privacy.

<snip>

Third, we would add that same safeguard to the information that makes up
your personal spending identity, such as the list of every purchase you've
ever made by check or debt or credit card, everything you buy.  Again, that
information could be shared only if you say yes."

Here's a paper arguing the implicit conflict in Clinton's position.


The conflict between privacy rights enforced by mandatory opt-in and free
speech is a straight-forward one. Suppose I visit a web site or buy goods
from a web vendor. At least two parties are involved in this
transaction--myself, and the web site operator. It is flatly incompatible
with principles of free speech to prohibit the web site operator from
communicating truthful information about this real event and the real people
involved to others, including other businesses.

Clearly, I should be free to communicate information about my purchase from
or visit to a web site to my friends, to participants in a newsgroup, to
Consumer Reports or the Better Business Bureau. There seems to be no reason
that the web site operator should not be equally free to communicate
information about the transaction--even for profit.

http://www.december.com/cmc/mag/1997/sep/single.html

James




----- Original Message -----
From: James S. Wilson <wilsj@ils.unc.edu>
To: <inls310-74@ruby.ils.unc.edu>
Sent: Sunday, April 30, 2000 6:37 PM
Subject: Clinton outlines new privacy legislation


> In his remarks today at Eastern Michigan University's commencement,
Clinton
> outlined new privacy legislation.  Here's a transcript of his remarks on
the
> subject.
>
> James
>
>
>
> >From our earliest days, part of what has made America unique has been our
> dedication to freedom, and the clear understanding that real freedom
> requires a certain space of personal privacy.
>
> Today, as information technology opens new worlds of possibilities, it
also
> challenges privacy in ways we might never have imagined just a few years
> ago.  For example, the same genetic code that offers hope for millions can
> also be used to deny health insurance.  The same technology that links
> distant places can also be used to track our every move on line.
>
> In this Information Age, we can't let new opportunities erode old
> fundamental rights.  We can't let breakthroughs in technology break down
> walls of privacy.  Our response to this challenge will affect the lives of
> every single member of this graduating class and the lives of your
children.
>
> We are working with the Internet industry to raise privacy standards.  In
> the last year alone, the share of commercial websites with privacy
policies
> has risen a lot, and we will do more.  But, as my wife has said many
times,
> some of these privacy issues presented by information technology are so
> sensitive they must have the protection of law.
>
> We have taken steps to protect the privacy of children on-line, preventing
> websites from collecting information from children without a parent's
> permission.  I proposed the first set of national standards to protect the
> privacy of on-line medical records, to ensure that your personal health
> information doesn't fall into the wrong hands.  (Applause.)
> You shouldn't have to worry that your employer is looking at the
medications
> you take or the ailments you have.
>
> Today, I'd like to ask you to think about the challenge to our financial
> privacy coming out of the Information Revolution.  We are moving from cash
> to electronic transactions.  A bank is no longer just a bank, it's often
> linked with an insurance firm, a broker, a travel agency.  All this helps
to
> give us added convenience, lower prices and more choices. But it's also
> forcing us to redefine financial privacy for the Information Age and to
> rewrite the rules that go with it.
>
> There was a time when protecting your financial privacy meant safeguarding
> your passbook.  Today a financial record isn't just about what you're
worth,
> it can paint a picture of who you are.  Every time you write a check, use
an
> ATM, make a purchase with a credit or debit card, there is a record -- a
> record that technology can sort and track -- what dish you ordered at a
> restaurant, what clothes you bought at the mall -- that makes it easier
for
> others to mine all of that information for their own profit.
>
> We've taken some historic steps to stop information about your personal
> spending habits from being shared without your permission.  But even today
> the law doesn't prevent firms within a financial conglomerate from sharing
> information with each other.  In other words, the life insurance company
> could share information about your medical history with the bank without
> giving you any choice in the matter.  The bank could share information
from
> your student loans and your credit cards with its telemarketer, or its
> broker, again, without giving you any choice.  I believe that is wrong.
> (Applause.)
>
> Today I present a plan to protect the privacy of Americans' financial
> records.  I challenge Congress to act on it this year.  Because your
> information doesn't belong to just anyone; every consumer and every family
> deserves choices about how their personal information is shared.
>
> First, before you financial information is shared between two affiliated
> companies, say, a credit card company and an insurance company, you would
> get notice, and you could say no.  Second, for the most sensitive type of
> information, I think there should be an extra level of protection.  As
more
> banks and insurance companies merge, lenders could gain access to private
me
> dical information and many insurance records.  But no one should have to
> worry that the results of their latest physical exam will be used to deny
> them a home mortgage or a credit card.  Under my plan, you'd get to say
no.
> (Applause.)
>
> Third, we would add that same safeguard to the information that makes up
> your personal spending identity, such as the list of every purchase you've
> ever made by check or debt or credit card, everything you buy.  Again,
that
> information could be shared only if you say yes.
>
> And finally, to make sure you have control over the comprehensive records
> that financial institutions may assemble about you, we'll make sure you
have
> access to those records and the right to correct mistakes in them.  We
must
> be able to enjoy the benefits of technology without sacrificing our
> privacy, to maximize the promise of the Information Age and still protect
> our individual liberties.
>
> http://www.whitehouse.gov/library/PressReleases.cgi?date=0&briefing=3
>