-Caveat Lector-

 From: PRIVACY Forum <[EMAIL PROTECTED]>
 To:   [EMAIL PROTECTED]
 Date: Tue, 30 Nov 1999
 Subj: PRIVACY Forum Digest V08 #17

 PRIVACY Forum Digest - Tuesday, 30 November 1999 - Vol 08, Issue 17

             (http://www.vortex.com/privacy/priv.08.17)

          Moderated by Lauren Weinstein ([EMAIL PROTECTED])
            Vortex Technology, Woodland Hills, CA, U.S.A.
                       http://www.vortex.com

 CONTENTS

      -- Animated Cursors Silently Collecting User Browsing Data
              (Lauren Weinstein; PRIVACY Forum Moderator)

      -- Big Brother Wants Your Medical Records (Dawn Richardson)

      -- Group formed to oppose supermarket "loyalty" cards
              (Katherine Albrecht)

 -------------------------------------------------------------------

 From: [EMAIL PROTECTED] (Lauren Weinstein; PRIVACY Forum Moderator)
 Date: Tue, 30 Nov 99 12:32 PST
 Subject: Animated Cursors Silently Collecting User Browsing Data


 Greetings.  The "Spies in Your Software" saga continues onward,
 as analysis of various software's network activities in various
 quarters continue to reveal new (but unfortunately not really
 unexpected) surprises.

 In the latest chapter, users of the popular Comet Systems' animated
 cursors (for Microsoft Windows systems) have learned that the
 cursors (reportedly in use by many millions of persons) have
 silently been feeding information concerning the sites they visit
 back to Comet for the firm's analysis and use.  Unlike the more
 common situations where Global Identifiers and related data are
 passed only to the particular server to which a user connects,
 in this case the information is being fed back to Comet itself,
 whenever the user visits any of the many 10's of 1000's of
 affiliated sites.  The vast array of sites involved include many
 oriented towards children, as well as popular comic-strip sites
 (such as "Dilbert" and others).

 I spoke at length today with Comet's marketing director, who
 defended their practices.  He contends that the information
 collected is "anonymous" since they do not collect names, e-mail
 addresses, or other personally-identifiable information, and that
 the information they do collect is maintained only in aggregate
 form for their paying clients, and is purged of other data before
 distribution to those clients.  He stated that he feels concerns
 about *possible* abuse of collected data in the future (say, after
 an acquisition, or other policy change) are purely theoretical and
 are not realistic.

 One of my main concerns is that it would not seem obvious to most
 users that an animated cursor should or would be sending *any*
 information back to a central point.  His reaction to my suggestion
 that the software clearly inform users that there would be
 information flowing back to Comet was fascinating.  He expressed
 the opinion that there was no need for this since the information
 was "anonymous"--and that since most people just "click through"
 license agreements anyway without reading them, there wasn't any
 point to bothering people with lots of stuff to read through before
 installation.  He also suggested that forcing vendors or sites to
 provide such information on a routine basis would create a "police
 state" (his exact words) environment.  He did however agree that
 the lack of regulation creates a situation where each company has
 to make these determinations on their own, and admitted that it
 would be a lot easier if it were clearly spelled out what they
 could or couldn't do.

 In response to the current furor, Comet has posted a new privacy
 policy, with links that appear on the main download pages for the
 cursors and at other points.  However, they have chosen not to
 provide information on those pages to clue people in to the fact
 that there is anything about the cursors which might relate
 specifically to privacy concerns, so how many people will choose to
 read the privacy links is unclear.  Also, depending on Javascript
 and browser security settings (*particularly* of concern with
 Microsoft Internet Explorer), it is possible that the cursors might
 be downloaded automatically without the user ever seeing the
 privacy link information.

 Comet has also posted instructions regarding removal of the cursors
 from your system.  The main information is at:

    http://www.cometsystems.com/download/cleaner.shtml

 Microsoft IE users would need to take some additional steps
 detailed at:

    http://download.cometsystems.com/no_nag/nonag.asp

 to avoid having sites continue to bug them about downloading the
 cursors. Unfortunately and ironically, you apparently must have
 cookies enabled to activate this latter function, so you may want
 to think twice before using it.

 The saga continues...

 --Lauren--
 [EMAIL PROTECTED]
 Lauren Weinstein
 Moderator, PRIVACY Forum - http://www.vortex.com
 Co-Founder, PFIR: People for Internet Responsibility -
 http://www.pfir.org
 Member, ACM Committee on Computers and Public Policy


 -------------------------------------------------------------------

 From:    "Dawn Richardson" <[EMAIL PROTECTED]>
 Date:    Wed, 3 Nov 1999 02:30:37 -0600
 Subject: Big Brother Wants Your Medical Records


 The Medical Privacy Scam: Big Brother Wants Your Medical Records

 by Dawn Richardson

 On Friday, Oct. 29th, President Clinton announced U.S. Department
 of Health and Human Services Secretary Donna E. Shalala's proposed
 rules which claim to protect the privacy of Americans' personal
 health records that are either transmitted or maintained
 electronically.  These rules were published in the Federal Register
 today, November 3rd.

 America is being scammed by HHS initiated press releases into
 thinking that these proposed rules, if adopted, will keep us in
 control of our intimate medical details. While HHS's rules spell
 out clear regulatory restrictions for how doctors and health plans
 use our personal medical data, they also dangerously grant federal,
 state, and local government health bureaucrats broad unrestricted
 access and control of our private medical information without our
 consent for anything that can be linked to the self-defined
 "national priority purposes" of research, public health, government
 health data systems, law enforcement and oversight of the health
 care system. (see summary http://aspe.hhs.gov/admnsimp/pvcsumm.htm )

 The section of greatest concern in the rules is "Uses and
 disclosures permitted without individual authorization."

 Unconsented disclosures are rationalized for "public health
 surveillance, investigations and interventions."  Immunization
 and cancer registries are also cited as beneficiaries of this
 governmental information grab.  HHS states in the rules, "We
 considered requiring individual authorization for certain public
 health disclosures, but rejected this approach because many
 important public health activities would not be possible if
 individual authorization were required."

 Specific government agencies listed as being granted access to
 individual identifiable medical records under the pretext of
 "oversight" include "State insurance commissions, State health
 professional licensure agencies, Offices of Inspectors General of
 federal agencies, the Department of Justice, State Medicaid fraud
 control units, Defense Criminal Investigative Services, the Pension
 and Welfare Benefit Administration, the HHS Office for Civil
 Rights, the FDA, the Social Security Administration, the Department
 of Education, the Occupational Health and Safety Administration and
 the Environmental Protection Agency."

 HHS also proposes "to permit covered entities to disclose protected
 health information to a law enforcement official without individual
 authorization for the conduct of lawful intelligence activities."

 HHS will accept public comment on the proposed rules for 60 days
 from the publication date of November 3rd. Public comments can be
 submitted electronically to http://aspe.hhs.gov/admnsimp/, and all
 631 pages of the proposed rules are posted at this same location.
 We are working on our formal comments/objections to the proposed
 rules and will be distributing them to our email lists and posting
 them on our web site for reference soon.

                                 -----------------

 Dawn Richardson, President
 PROVE(Parents Requesting Open Vaccine Education)
 P.O. Box 1071
 Cedar Park, TX  78630-1071
 (512) 918-8760
 [EMAIL PROTECTED] (email)
 http://vaccineinfo.net (web site)

        [ I would urge PRIVACY Forum readers with opposing
          points of view, particularly concerning the public
          health aspects of this issue, to e-mail submissions
          expressing the details to the PRIVACY Forum.  This
          is a complex area where meaningful debate would
          be particularly useful.

                -- PRIVACY Forum Moderator  ]


 -------------------------------------------------------------------

 From:    Katherine Albrecht <[EMAIL PROTECTED]>
 Date:    Wed, 17 Nov 1999 14:20:28 -0500
 Subject: Group formed to oppose supermarket "loyalty" cards

 Hi,

 I am the founder of CASPIAN, a consumer group dedicated to fighting
 supermarket "loyalty cards" or "club cards."  Since your
 organization is concerned with consumer privacy issues, I invite
 you to visit the CAPSIAN website, at www.nocards.com, and to let
 your readers know of the movement to fight these invasive
 registration and monitoring programs.

 The CASPIAN website contains a comprehensive set of arguments
 against shopper cards and provides evidence that these programs
 do not save shoppers money. Also, to the best of my knowledge,
 the CASPIAN site contains the most comprehensive listing of United
 States grocery retailers on the Web. It lists the URL, locations,
 and card status of over 400 stores and supermarket chains. In the
 four weeks since it was publicly released, the CASPIAN website has
 received thousands of visits from shoppers around the world in
 addition to being featured on NBC news and the Seattle Times.

 I applaud you for your efforts to protect consumer privacy.
 Keep up the good work!

 Sincerely,

 Katherine Albrecht
 Founder/Editor
 CASPIAN - Consumers Against Supermarket Privacy Invasion
 and Numbering - www.nocards.org


 ------------------------------

 End of PRIVACY Forum Digest 08.17
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