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SEC Creating Online Surveillance


     Mar 29, 2000 4:00 AM
    By MARCY GORDON


WASHINGTON (AP) - Federal regulators, on the lookout for phrases
such as ``get rich quick,''

are creating an automated surveillance system to search Web sites
and message boards for investment fraud.

But a major accounting firm says it won't participate because the
Securities and Exchange Commission's new system might encroach on
the privacy of innocent people using the Internet.

The technology in the enhanced SEC surveillance program ``is
equivalent to, in my opinion, wiretapping ... the equivalent of
planting a bug,'' said Larry Ponemon, a partner in charge of
privacy issues at PricewaterhouseCoopers, one of the world's
largest accounting and consulting firms.

The firm was among 107 companies invited by the SEC in January to
bid to operate the system.

It told the market watchdog agency it did not wish to participate
because of privacy concerns and possible violations of the
Constitution's protections against unreasonable search and
seizure.

``It's a search and seizure issue,'' Ponemon said Tuesday in a
telephone interview.

The SEC says it will not gather e-mail messages or other
communications unless they appear in public online forums and
will throw away any collected information that doesn't indicate
wrongdoing. The agency said Tuesday that Internet chat rooms will
not be covered by the new surveillance system.

``Privacy issues are of long-standing importance to the
commission and we pay close attention to the letter and the
spirit of the law,'' said SEC spokesman Chris Ullman.

He said the new system, which would copy online material into a
database to be analyzed by SEC investigators, ``will mechanize
what the commission now does by hand.''

The SEC's project was first reported Tuesday in The Wall Street
Journal. The newspaper noted

that America Online, many of whose message boards and chat rooms
are home to discussions of stock investments, prohibits anyone
from harvesting information from them because of privacy
concerns.

Consequently, AOL might oppose the federal agency's project, the
newspaper suggested. AOL spokesman Rich D'Amato would not comment
Tuesday.

``This is government spying on the innocent,'' said George Getz,
a spokesman for the Libertarian Party. ``It's no different than
the police tapping everyone's phones just because someone might
have committed a crime.''

Ponemon praised the SEC's goal of improving its monitoring of the
Internet for fraudulent investment activity. But he said other
technologies could be used - notably electronic ``cookies'' that
track personal activity online - that would respect
constitutional boundaries and still be more effective than the
SEC's current manual system.

Ponemon suggested that certain types of cookies would be less
intrusive than the Web ``crawler'' called for in the SEC's
project, which would scan the Internet for as many as 40 telltale
words or phrases. A cookie is a small file that a Web site
deposits on an individual's hard drive, often with a unique
number that identifies the user's computer.

Marc Beauchamp, executive director of the North American
Securities Administrators Association, noted the delicate balance
between the government's need to pursue investment fraud and its
duty to protect privacy.

Still, he said, ``The crooks are using the new technology at hand
and the cops need to use the technology to stay ahead of the
crooks.''

Internet fraud is proliferating in online junk mail, chat rooms
and Web sites, with unscrupulous stock promoters anywhere in the
world able to cloak themselves in anonymity and lure investors.

Last month, the SEC asked Congress for $150 million for
enforcement and investor education for fiscal 2001. It has some
240 people prowling the Internet for scams.





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