this is a problem that's been talked about in genealogical circles over the
past year or two (at least as far as i'm aware, as a member of the council
of genealogy columnists ... no joke!)

generally speaking, it's no longer considered a good idea to post
information about living people in these family trees (and especially
without their permission!) ... nor, imho, is it any longer a good idea to
use maiden names as passwords. whenever you have a situation where people
are trading personal information, there's a tough decision on how much to
disclose. genealogy.com, rootsweb.com, ancestry.com, etc., give folks a
choice on how much information they can disclose.... and i can't imagine any
law that would forbid me to disclose the names of my forebears if i want to.


however, when you get into disclosing the personal background of other
living people en masse, that's when the debate gets a bit stickier. suppose
i gathered a lot of info about, say, cousin declan by checking
birth/marriage/death records (or by asking him about his ancestry for the
family tree). should i be legally liable somehow if i revealed enough
information about him for someone to cause him injury or damage? does intent
play a role in that liability? does it matter if i revealed it over the web
or by sending a printed copy of the family tree to cousin X ... who happened
to be an adept cybercriminal? do existing laws cover this scenario?

-----Original Message-----
From: Declan McCullagh [mailto:[EMAIL PROTECTED]]
Sent: Friday, May 19, 2000 3:44 AM
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Subject: Congressional panel targets new privacy threat: Genealogy


This is, sadly, not a joke.


http://www.wired.com/news/politics/0,1283,36442,00.html

    New Privacy Threat: Genealogy?
    by Declan McCullagh ([EMAIL PROTECTED])

    3:00 p.m. May. 18, 2000 PDT
    Just when you thought there was nothing new to say about the oft-cited
    privacy threats that Americans face, along comes Congress with another
    worry: genealogy.

    During a privacy hearing Thursday before a House Judiciary
    subcommittee, Rep. Ed Pease (R-Ind.) said the growing number of
    websites that allow people to trace their families' history was a
    threat that called for legislative action.

    "There are some commercial ventures now providing information on this
    subject ... oftentimes genealogical information involves a mother's
    maiden name, and that is often used by many as a password," Pease
    said.

    Genealogy.com, for instance, says it has 470 million names in its
    database. It allows you to search someone's family tree using their
    full or partial name.

    Clinton administration representatives -- who were planning to testify
    before the panel about cookies and industry self-regulation -- were
    caught completely off-guard by Pease's comments.

    "This is not really anything I've heard about yet," replied Andrew
    Pincus, general counsel to the U.S. Department of Commerce.
    "We're dealing mainly with commercial sites, and not these," said
    Jodie Bernstein, director of the bureau of consumer protection at the
    Federal Trade Commission.

    Pease shot back that "a growing number of commercial ventures"
    provided such potentially troubling information and he'd "sure
    appreciate" it if the FTC would investigate.

    To survive a free speech challenge, any legal restrictions Congress
    imposes would have to comply with the First Amendment, which limits
    government controls on publications and websites.

    [...remainder snipped...] 

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