News Room: Privacy

A new state law that takes effect Jan. 1 will add an extra layer of privacy for library users in the digital age.
California’s library privacy laws were created before the advent of the Internet and, as a result, an individual’s interaction with the library outside of circulation was not protected under state law until Gov. Jerry Brown signed Senate Bill 445 earlier this month.

The bill was authored by state Sen. Joe Simitian, D-Palo Alto, but inspired by Librarylaw.com founder Mary Minow, who also manages the Stanford Copyright and Fair Use website.

Minow proposed the legislation as part of Simitian’s “There Oughta Be A Law” contest.

Once just a cruel joke, assuming another person’s identity on the Internet and fabricating an e-mail or Facebook account, is no longer a laughing matter.

A state law effective Jan. 1, authored by Sen. Joe Simitian, D-Palo Alto, makes online impersonation, when it seeks to harm someone, illegal.

“As a Silicon Valley legislator, I’m nothing but enthusiastic about technology. But the question is, is the technology used wisely and appropriately?” Simitian said this week. “This (‘e-personation’) is one area where some constraint appeared necessary.”

KQED Radio reports on Sen. Joe Simitian’s FasTrak privacy bill, Senate Bill 1268

“Bridge commuters will no longer have a conflict between privacy and convenience beginning in January. The governor has signed a bill written by state Senator Joe Simitian (D-Palo Alto) to restrict law enforcement access to FasTrak data. Except in emergencies, the law requires police to go to court for a search warrant to get their hands on pesonally identifiable information.”

Two months ago, a reporter received a profanity-laced e-mail critical of one of her stories. The sender appeared to be Carl Guardino, the chief executive of the Silicon Valley Leadership Group. He hadn’t sent the e-mail. Guardino was the victim of online impersonation. He soon found out he wasn’t alone - friends, colleagues and relatives had stories of usurped identities and tarnished reputations.

The state law on impersonation is not equipped to deal with the digital age. But a bill making its way through the Legislature is looking to change that. Inspired by Guardino’s story, state Sen. Joe Simitian, D-Palo Alto, introduced a bill in June that would make it a misdemeanor to maliciously impersonate someone.

Sacramento Bee columnist Dan Morain writes that the next governor needs to defend a state’s right to protect personal data.

In California, privacy is a fundamental right. This state has a constitutional amendment identifying privacy as inalienable. And for better or worse, legislators don’t see themselves as potted plants. Some actually care about state law. All that means the next governor will grapple with privacy or lack of it right here in Sacramento.

“States often have to lead to get attention at the federal level,” said Sen. Joe Simitian, D-Palo Alto,  the Legislature’s most prolific author of bills that seek to provide at least a thin veil of privacy. Simitian helped push a first-in-the-nation requirement that companies tell us when a security breach has spewed our personal information into other people’s hands. Because of a 2004 Simitian bill, California requires companies doing business in the state to post privacy policies on their websites. Lately, Simitian has sought to limit the misuse of radio frequency identification. Now Simitian is carrying legislation to protect people who use FasTrak to pay bridge tolls.

A San Jose Mercury News editorial called for online impersonation to be made illegal

Impersonating someone with the intent to harm, intimidate, threaten or defraud is illegal in California — except when it’s done online. Existing state law, written in 1872, didn’t anticipate the existence of Facebook, MySpace or a host of other Internet sites that unintentionally created new ways to harm innocent victims.

State Sen. Joe Simitian has a solution. His SB 1411 would make it a misdemeanor to maliciously impersonate another person online. The Legislature should pass the Palo Alto Democrat’s bill, and Gov. Arnold Schwarzenegger should sign into law legal protections against online abuse.

An oped article by Sen. Joe Simitian in the Santa Cruz Sentinel:
On the Internet, it’s easy to be someone else. You can set up a fake page on Facebook or MySpace; you can assume an identity on Twitter; you can appropriate someone else’s name when you create an e-mail account.

As the Internet provides new opportunities for mischief, or worse, state law must provide new protections. I have introduced Senate Bill 1411 to make it a misdemeanor to impersonate someone on the Internet if the intention is to harm, intimidate, threaten or deceive them. In addition, victims would gain the right to sue their tormenters.

Commuters on California toll roads and highways subscribe to a device kept in the car, allowing electronic toll collection as they pass through a toll booth. Payment is made by credit card. Sen. Joe Simitian, D-Palo Alto, wants to not only prevent this information from being sold, he is proposing that state agencies periodically dump all outdated data.

The California Senate has approved a bill that would update the state’s pioneering data breach notification law, the lawmaker who introduced the legislation announced Friday.

The bill from Democratic Sen. Joe Simitian is a reintroduction of the same measure that he proposed last year, but which was ultimately vetoed by Gov. Arnold Schwarzenegger.

The current legislation, known as SB-1186, builds on the landmark 2003 breach notification bill, SB-1386, by requiring that breach notification letters also contain specifics around the data-loss incident, including the type of personal information exposed, a description of the incident, and advice on steps to take to protect oneself from identity theft.

What if you lost a child and the authorities could track and find him or her, using radio frequencies? Now, what if authorities could track your movements in the same way, and know whether you were attending, for instance, an anti-war rally. The monitoring ability of RFID, which stands for radio frequency identification, has become a very hot topic lately. So far, it’s a debate that pits the electronics industry against privacy-rights advocates.

This year, concerns about the use of RFID have prompted State Senator Joe Simitian, of Palo Alto, to sponsor legislation. He wants to place real limits on the ability of authorities to use RFID to keep track of people and identify them.

Audio Segment on KPBS Website

Slap a chip costing a few cents on a clock radio or a bottle of Prozac, and you can track it from its manufacturer to the cash register at Wal-Mart. Build a chip into a special windshield tag, and it allows drivers to zip across the Golden Gate Bridge without stopping at a toll booth. Put one in a corporate identification card and all of a sudden it becomes an electronic door key.

Such is the power of radio frequency identification, or RFID, a technology that’s been around for a half-century but is finally beginning to transform commerce - and become controversial.

Full story on San Jose Mercury News website

SACRAMENTO - Attempting to prevent a potential clash between privacy rights and the latest technological advances, a Palo Alto lawmaker is trying to dissuade the state government, schools and private businesses from tracking people through the use of radio frequency identification devices such as electronic cards and implanted devices.

A legislative package of four measures by Sen. Joe Simitian, D-Palo Alto, will be introduced in an Assembly committee today that would prohibit an employer from implanting tiny ID chips in workers, block RFID technology from being embedded in driver’s licenses, prohibit schools from issuing ID cards to track student attendance and make it a misdemeanor to skim identification cards - a method by which identity thieves secretly read the cards of unsuspecting people and clone new versions.

His measures, vociferously opposed by the tech industry, were prompted in part by the increasing availability of wireless equipment sold in stores and cyberspace that can read employee badges - even if they are in someone’s pocket or purse 20 feet away - and create a new card using that individual’s personal information.

Full story on San Jose Mercury News website

Legislation approved Monday by the state Senate would ban public schools from using radio-wave devices containing personal information about students to take attendance and monitor students’ movement around campus.