CPSR Alert 2.03 ============================================================= @@@@ @@@@ @@@ @@@@ @ @ @@@@ @@@@ @@@@@ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @@@ @ @@@ @@@@@ @ @@@ @@@ @ @ @ @ @ @ @ @ @ @ @ @ @ @@@@ @ @@@ @ @ @ @ @@@@ @@@@ @ @ @ ============================================================= Volume 2.03 October 12, 1993 ------------------------------------------------------------- Published by Computer Professionals for Social Responsibility Washington Office (Alert@washofc.cpsr.org) ------------------------------------------------------------- Contents [1] Administration Continues NII Initiative [2] White House Announces New FOIA Procedures [3] Health Care and Privacy [4] CPSR Panel on Medical Privacy [5] CPSR Annual Meeting - October 16-17 [6] New Documents in the CPSR Internet Library [7] Upcoming Conferences and Events ------------------------------------------------------------- [1] Administration Continues NII Initiative Following the announcement of the "The National Information Infrastructure: Agenda for Action" in mid-September, the Administration is pushing forward the NII program. An open forum was held at the Department of Commerce at the end of September with high ranking officials, private sector representatives, and public advocates exchanging views on the NII program. The National Telecommunications and Information Administration is planning a series of hearings later this year on an updated concept of "universal service," and the Information Infrastructure Task Force working group on privacy has already held several meetings to examine privacy implications of the NII program. To obtain a copy of the NII report, FTP the document from ftp.ntia.doc.gov. Log in as "anonymous" with the password "guest" and change to directory "pub." Retrieve "niiagenda.asc." (The document is also available from the CPSR FTP site). CPSR will be submitting formal comments on the NII program later this month. To send comments directly to the administration, send email to nii@ntia.doc.gov. ------------------------------------------------------------- [2] Clinton Issues FOIA Directive Noting that "openness in government is essential to accountability," President Clinton issued a memorandum to all federal agencies on October 4 directing them to comply with "both the letter and spirit" of the Freedom of Information Act (FOIA). Clinton noted that the FOIA "is a vital part of the participatory system of government" and stated that "I am committed to enhancing its effectiveness in my Administration." The President also urged federal agencies "to enhance public access through the use of electronic information systems." The Clinton memorandum is a marked departure from directives issued during the Reagan and Bush Administrations, when most official pronouncements on FOIA tended to discourage agency disclosures. Attorney General Janet Reno simultaneously rescinded the Justice Department's 1981 guidelines for the defense of federal agencies in FOIA litigation. Under those guidelines, issued in the early months of the Reagan administration, the Department defended agency decisions to withhold information if there was merely a "substantial legal basis" for the withholding. Under the new Reno guidelines, the Department will only defend FOIA actions in which agencies can demonstrate that disclosure would result in some specific harm. Under the new policy, "Where an item of information might technically or arguably fall within an exemption, it ought not to be withheld from a FOIA requester unless it need be." The Attorney General directed that all pending FOIA cases be reviewed to determine compliance with the new policy and also called for a government-wide review of processing "backlogs" that have resulted in substantial delays in the disclosure of requested information. CPSR has several FOIA cases pending in federal court and has long urged that the federal information disclosure process be reformed to maximize the disclosure of requested agency records. The NII initiative also provide an opportunity to improve citizen access to government information. A copy of the White House and Atty General's memos is available at the CPSR Internet Library /cpsr/foia/clinton_foia_10_93.txt. ------------------------------------------------------------- [3] Health Care Reform and Privacy The recently released President's Health Security Plan includes important new provisions on privacy protection. The plan recommends new federal legislation based on a Code of Fair Information Practices. Currently, there is no federal protection for medical records. The new proposal also includes a provision for a national medical identity card, which is described in the plan as "like ATM cards, the health security card allows access to information about health coverage through an integrated national network. The card itself contains a minimal amount of information." President Clinton was asked about the privacy implications of the medical security card at a town hall meeting in Sacramento, CA on October 4. He replied that the card will be used to ensure that in an emergency that a person could be identified and that it "will have the same sort of protections that a Social Security card would..." He recalled opposition to the past attempts to expand the use of the SSN and noted that the card was only "for the purposes of establishing that you belong to the health care system." Another important aspect of the proposal is the identifying number. The proposal calls for the establishment of "a system of universal identifiers for the health care system." The proposal notes that "The unique identifier may be the Social Security Number or a newly created number limited to the health care system...In either case, the national privacy policy explicitly forbids the linking of health care and other information through the identification number." This will be determined by the National Health Board. In April 1992 CPSR sent a letter to Hillary Clinton with the endorsement of over two dozen privacy and computer experts requesting that the SSN not be used as the identifier. The letter cited privacy, security, and fraud problems and pointed out that other countries, such as Canada, have created limited purpose identifiers for medical record information. Other Privacy Provisions o The creation of mechanisms for effective enforcement including significant penalties. o Establishing a privacy framework based on the Code of Fair Information Practices including a right to know about and approve the uses of the data, assurance of no secret data systems, right to review and correct data, assurances that the data is only collected for legitimate purposes. o Issue effective security standards and guidance for health care information o Establishing as Data Protection and Security Panel to set privacy and security standards and monitor implementation of the standards, sponsor of conduct research, studies and investigations, and developing of fair consent forms. The relevant privacy provisions of the health care plan are available at the CPSR Internet Library /medical_privacy/ clinton_health_reform_plan.txt. A copy of the letter sent to Hillary Clinton is also available as hillary_letter.txt ------------------------------------------------------------- [4] CPSR Panel on Health Care and Privacy CPSR Annual Meeting - Sunday Evening - Special Session - Free to the general public 7:30 - 9:30 Special Panel Discussion "Health Care Reform and the National Information Infrastructure: Opportunities and Risks" The White House Task Force on Health Care reform has called for the development of community-based health data-management systems. A working paper from the task force notes: "Workgroup has vision for a community health information systems (CHIS) based on a computerized medical record. The CHIS will link all key parties in the healthcare delivery systems and service all their clinical and administrative requirements." The task force has estimated that the following areas: 1. Medical Electronic Data Interchange networking 2. Community Health Information Networks 3. Outcomes Analysis and 4. Computerized Patient Records. offer the near term potential (less than 5 years) to save 100 billion dollars a year via the development of standards, administrative reform, and federal leadership in using the existing networking infrastructure to promote electronic medical commerce. However, with these opportunities for improved efficiency and cost containment come risks - specifically privacy and access. The panel will include experts in medical information systems and privacy advocates. Come and learn about this important area. Join in this national discussion. Be part of the solution. Panelists: Richard Reuben, Executive Director, Foundation for Healthcare Quality Lance Heineccius, Director of Policy, Washington Health Services Commission David Flaherty, Information and Privacy Commissioner, British Columbia Irwin Goverman, CIO, Group Health Cooperative This special event is free and open to the public. It will be held in Kane Building room 210, University of Washington ------------------------------------------------------------- [5] CPSR Annual Meeting - October 16-17 COMPUTER PROFESSIONALS FOR SOCIAL RESPONSIBILITY ANNUAL MEETING October 16 - 17, 1993 University of Washington, South Campus Center Seattle, Washington, USA Envisioning the Future: A National Forum on the National Information Infrastructure and Community Access The National Information Infrastructure (NII) is the proposed medium or "electronic highway" that will connect schools, libraries, government agencies, and citizens using state-of-the-art computer and communications technology. Media, computer, and telecommunications companies are also acutely interested in the NII as it dramatically increases their opportunity for delivery of communication, services, and entertainment. CPSR is convening this meeting for both computer professionals and the informed public to discuss the broad range of choices facing society regarding the NII. Saturday, October 16 Keynote Address - Bruce McConnell, Office of Management and Budget "Shaping National Information Infrastructure Policy" Bruce McConnell, Chief of Information Policy at the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), will present his views on the major NII issues now facing the administration. He has been with OMB since 1985 and became head of Information Policy in 1992. He now chairs the inter-agency task force responsible for developing federal information policy for the Information Infrastructure Task Force. Other Panels: "Public Access to Internetworks" Public access to the Internet (and other major networks) is a critical issue in any discussion about an "electronic highway". Panelists representing a wide variety of perspectives, including representatives from the Pacific Northwest, will present their views. "Municipal Information Infrastructure" City and other government agencies are exploring possibilities for developing municipal networks. In this panel a city official as well as a representative from the state regulatory agency and a representative of commercial interests will offer their insights and interests. "Networking in the Community" Community networks exist and are being developed all over the U.S. Panelists from various community networks will present their perspectives on the state of community networking now and in the future. "Computers and Democracy - What's the Connection?" How might computers facilitate the democratic process? How might they pervert it? "Electronic Democracy" is currently in the public eye and aspects of it will probably be tested soon. What can be done to promote wise uses of computers in this critical area? + Presentation of the 1993 Norbert Wiener Award to The Institute for Global Communications (IGC) + Banquet Address and Interactive Event - Kit Galloway, Electronic Cafe International Kit Galloway of Electronic Cafe International in Santa Monica, California will present his innovative approach to electronic communication using phone lines, slow-scan television, and other technology. Using videotapes and a live demonstration with CPSR chapters in Los Angeles and other locations, Kit will discus how the Electronic Cafe concept has been used in a variety of settings. Electronic Cafe International has staged global events with poets, children, and communities in France, Nicaragua, Japan, as well as a variety of American cities. Sunday, October 17th The second day of the conference will feature a more interactive format including several workshops, a discussion of CPSR's NII vision, and a special - free and open to the public - panel discussion on "Privacy Implications of Health Care Reform" Sunday evening. Gender Relations in Networking Information Policy: A Framework for Action Computer Professionals and Social Action Towards Participatory Design of Community Oriented Systems and Services CPSR NII Vision Document Discussion "Health Care Reform and the National Information Infrastructure: Opportunities and Risks" For more information, contact the National Office at cpsr@cpsr.org, or Aki Namioka, Annual Meeting Chair, at aki@cpsr.org. ------------------------------------------------------------- [6] The CPSR Internet Library Nearly 40 people who submitted comments to NIST have forwarded their remarks to CPSR. These comments are now archived by last name in /crypto/clipper/call-for-comments/ Submit your comments to clipper@washofc.cpsr.org Dr. Dorothy Denning and several law enforcement officials have prepared a paper on the law enforcement perspective on wiretapping and procedures need to obtain permission for conducting a wiretap. /communications_privacy/wiretap/denning_wiretap_procedure.txt The CPSR Internet Library is available via FTP/WAIS/Gopher from cpsr.org /cpsr. Materials from Privacy International, the Taxpayers Assets Project and the Cypherpunks are also archived. For more information, contact: Al Whaley (al@sunnyside.com) ------------------------------------------------------------- [7] Upcoming Conferences and Events "Universal Service: New Challenges and New Options in Tomorrow's Network of Networks." Sponsored by the Benton Foundation & the Columbia Institute for Tele-Information. Washington, DC October 15. Contact: Andy Blau (ablau@cap.gwu.edu) CPSR Annual Meeting, "Envisioning the Future: The National Information Infrastructure and Local Access." Seattle, WA. October 16-17, Contact: Aki Namioka (aki@atc.boeing.com). "International Symposium on Technology and Society '93." Washington DC. October 22-23. Deadline for submission: February 28. Contact: m16805@mwvm.mitre.org. "Technology: Whose Cost?. . .Whose Benefits?" Sponsored by IEEE, George Washington University, MITRE. Washington, DC. October 22-23. Contact: wjkelly@mitre.org "Cyberculture Houston 93." Houston, Tx. December 10-12, Contact: cyber@fisher.psych.uh.edu "Computers, Freedom and Privacy 94." Chicago, Il. March 23-26. Sponsored by ACM and The John Marshall Law School. Contact: George Trubow, 312-987-1445 (CFP94@jmls.edu). DIAC-94 "Developing an Effective, Equitable, and Enlightened Information Infrastructure." MIT Media Lab, Cambridge, MA. April 1994 (tentative). Contact: Doug Schuler (douglas@grace.rt.cs.boeing.com). 5th Conference On Women Work And Computerization "Breaking Old Boundaries: Building New Forms." UMIST, Manchester, UK. July 2-5. Abstracts by 10/1/93. Contact: Andrew Clement (clement@vax.ox.ac.uk) (Send calendar submissions to Alert@washofc.cpsr.org) ============================================================== To subscribe to the Alert, send the message: "subscribe cpsr <your name>" (without quotes or brackets) to listserv@gwuvm.gwu.edu. Back issues of the Alert are available at the CPSR Internet Library FTP/WAIS/Gopher cpsr.org /cpsr/alert Computer Professionals for Social Responsibility is a national, non-partisan, public-interest organization dedicated to understanding and directing the impact of computers on society. Founded in 1981, CPSR has 2000 members from all over the world and 22 chapters across the country. Our National Advisory Board includes a Nobel laureate and three winners of the Turing Award, the highest honor in computer science. Membership is open to everyone. 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Box 717 Palo Alto, CA 94301 ------------------------ END CPSR Alert 2.03-----------------------