HONOLULU--One
of the United States leading privacy
rights campaigners warned delegates at
the 24th annual meeting of the Pacific
Telecommunications Council (PTC) Wednesday
that as industry leaders they had a responsibility
to help protect the privacy of people
using telephone, computer and other forms
of modern communications.
The
warning to representatives of 55 governments and some
700 companies of the Asia-Pacific region, was made
by Marc Rotenberg, the 39-year-old executive director
of the Washington-based Electronic Privacy Information
Center (EPIC), who Business Week calls "The Web's
top privacy activist."
Tedson
Meyers, former legal counsel to the PTC, told
delegates
at the conference, that Rotenberg "who
says he never accepts speaking fees" had
been invited to deliver the keynote address on
Wednesday because as leaders in modern technology
the delegates had a duty to help maintain freedoms
in times of crisis.
"Freedom is the quintessential American
concept, and it must be balanced with security," Meyers
said.
Since
the terrorist destruction of the World Trade
Center towers
in New York, Rotenberg said,
citizens still had a right to privacy in their
communications even though the authorities had
stepped up surveillance of the world’s
networks. In the commercial world, companies
had an obligation to protect the privacy of credit
card details or other personal data on individuals.
"In the post-September 11 world, we have
to find a balance on the right to secrecy and
privacy and the government’s concerns about
security. There is a law protecting the privacy
of telephone calls and efforts have to be undertaken
to safeguard our basic freedoms even in times
of national crisis," Rotenberg said.
Rotenberg, a graduate of Harvard University
and Stanford Law School, is a member of the bar
of the United States Supreme Court. He teaches
information privacy law at Georgetown University
Law Center and is a contributing editor to the
Government Information Quarterly. He is also
the secretary of the international human rights
organization, Privacy International.
"In every discussion we have on the advantages
of new technology, this question of balancing
security and our rights is raised nowadays. Shortly
after the attacks in the United States, our Congress
embarked on new security legislation. Even as
privacy rights of our citizens are being diminished,
the government's security duty is being stepped
up," he said.
Rotenberg said he did not like two new systems,
known as Carnivore and Magic Lantern, currently
used by the US security agencies to monitor people
using the Internet. The Carnivore system enables
the government to go through traffic on the internet
by looking for keywords, and then logging onto
the message. The more sophisticated Magic Lantern
system enables it to log onto an individual's
computer through a secret program that is even
capable of monitoring that person's key strokes.
He also said he did not like the way companies
are able to retain credit card details or the
personal telephone numbers, e-mail or home addresses
of individuals, which could then either be sold
for profit by the company in question, or passed
on to the police without the person's knowledge.
He
told his audience, which included some of the
world's leading
computer and communications
technology experts, that last year he had, through
the courts, successfully stopped plans of the
Internet marketing company, Double-Click Inc.
to merge data on the on-line behavior of Internet
users "including their addresses and purchasing
habits" and then sell it without notifying
the users. "There is this self-interested
industry view that urges people to relinquish
their privacy for all sorts of benefits. But
my view is that if you lose your right to privacy,
you lose your right to freedom," Rotenberg
said.
Rotenberg,
who himself lost a close family member aboard
one
of the aircraft which flew into the
World Trade Center, has also targeted the Clinton
Administration and Intel since he founded EPIC
in 1994. Its funding comes from diverse non-profit
groups including the Ford Foundation and the
conservative Fund for Constitutional Government.
The group’s threat of boycott last year
helped stop Intel from activating technology
in its Pentium III chips which would have made
it easier to monitor the Internet usage of individuals,
he said.
Citing
what he called the “new architecture
of surveillance”, Rotenberg said he was
keeping a close eye on moves by state and federal
authorities to develop new identity cards, or
adapt driving licenses that could easily be checked
nationwide. The smart cards would be encoded
with digitized fingerprints, face scans and other "biometric" data,
as well as bank details. He was also equally
concerned about the use of "facecams" in
public places where cameras linked to a national
data base with millions of faces would be capable
of identifying an individual within seconds.
"Once this sort of technology is gets into
place, it is going to be difficult to prevent
it developing further," he said, adding
that he was sensitive to the needs of national
security in the fight against terrorism, and
of forgery and other crime. "What is done
by means of technology in times of national crisis
is difficult to undo once the crisis subsides."
These developments meant that ordinary citizens
had every right to use modern encryption programs
to protect their privacy.
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