Archive for the ‘Privacy’ Category

Let’s get right to it. Congress is attempting to take away the tools of our trade. Private investigators want to stop the fraudsters but it’s counter productive to restrict private investigators, judgment collectors and process servers from accessing social security numbers to locate people and verify identities.

Congress has reintroduced legislation that private investigators fought last year but has come back in the form of The Social Security Number Protection Act of 2007, HR 948, which would prevent obtaining or providing “directly or indirectly, anything of value in exchange for a social security number” and the similar, Senate bill S. 238. As currently worded, there is no exception for private investigators.

So, if you pay for a database service that matches your subject’s name with a social security number you’ve just violated this proposed law. How are we to locate witnesses for court, reunite separated families and perform background searches? Don’t let this bill become law. Join NCISS and associations actively opposing it. Meet with the folks who represent you in Congress. Let them know private investigators aren’t “buying” social security numbers but we use SSNs for valid legal and business purposes.

As currently worded, Preventing Harassment through Outbound Number Enforcement (PHONE) Act of 2007, commonly known as caller-id spoofing, restricts the transmission of one person’s phone number to a third party in an attempt to disguise the caller’s identity. I guess as long as the caller doesn’t “spoof” the recipient with an actual person’s telephone number then they would be within the bounds of this law. It’s still a badly constructed piece of legislation. And, as with every other wave of the wand from Congress, add the law enforcement exception. Are you scared yet?

A federal bill to establish a nationwide drug dealers registry has been referred to the House Committee on the Judiciary. HR 304, quaintly entitled, Clean Town Act of 2007, if enacted, would set forth “guidelines and incentives for States to establish criminal drug dealer registries and to require the Attorney General to establish a national criminal drug dealer registry and notification program…” From the point of view of a private investigator this would be another research tool, but for the criminally charged it’s another nudge toward a public national criminal offender database.

Other introduced federal legislation would expand on the recently enacted Telephone Records and Privacy Act of 2006. S.92, Protecting Consumer Phone Records Act would make it unlawful to “acquire or use the customer proprietary network information of another person without that person’s affirmative written consent…”

Continuing on the consumer privacy theme Senator Feinstein has submitted two bills related to the release of personal information. S. 238, concerns the misuse of Social Security numbers; S. 239 would “require Federal agencies, and persons engaged in interstate commerce, in possession of data containing sensitive personally identifiable information, to disclose any breach of such information.” Text is not yet available for either measure.

The Texas legislature is entertaining a number of bills that could impact private investigators. SB 123 would block release of certain personal information on minors; SB 48 would redact social security numbers from county public records; HB 73 prohibits acquisition of telephone records without the subscriber’s permission; HB 87 is similar to a bill private investigators and the motion picture industry defeated in California that would have prevented anyone from acquiring personal information in a business record.

Indiana House Bill 1046 will prohibit “a person from transmitting false or misleading caller ID information through a caller ID service.”

You would never think that a law would be needed to video tape on your own property, but an online news article reports a NH Legislator wants to make sure the law is clear.

A Nashua man was actually arrested after his home security camera made video and audio recordings of detectives who had come looking for his teenage son. Felony wiretapping charges against him were later dropped.

Rep. Dudley Dumaine and five other sponsors introduced House Bill 97, which would add an exception to the state’s wiretapping law, letting property owners record their own premises, with or without warning.

Canadian private investigator, Kevin D. Bousquet has an extensive analysis of the detrimental effects of privacy regulation on the public and the everyday work of attorneys. [Thanks: Ca Privacy Law]

The public is in panic over crimes like impersonation, bank fraud, mortgage fraud and insurance fraud all things the private sector investigates every single day. They are the answer to the problem not the cause. All of the tools that hold personal data are needed to investigate but are slowly cutting off the private sector slowly over time.

In Provinces like Quebec and Alberta, PI’s have no access to government motor vehicle information. They can’t even run a license plate to follow an insurance claimant or a driver’s record to see previous driving infractions.

How are we expected to do insurance claim investigation if we have no access to vehicle or driver information? How is a PI supposed to help a person enforce a judgment or child support order when for the most part credit bureaus make it virtually impossible for PIs to have access even if they have a certified copy of a Judgment or Support Order?

The legal is community is in big trouble they just haven’t realized it yet. Sooner or later would be Plaintiffs and the general public are going to realize that when they sue in court attempting to recover their losses even if they win their case if defendant simply refuses to pay there is every likelihood their court ordered judgment or monetary award could be nothing more then a worthless piece of paper.

Several media outlets, including CBS News, Mercury News, and the Computer Business Review are reporting that one of the private investigators charged in the HP scandal will plead guilty today under a plea deal.

It is reported that 29 year old Bryan Wagner, of Littleton, Colorado is expected to enter a guilty at a scheduled arraignment hearing today in a San Jose federal court.

According to Stephen Naratil, Wagner’s lawyer, his client “accepts the full responsibility for what he’s done, although he never thought or intended his actions to be illegal…“He was assured numerous times that what he was doing was legal.”

It appears that federal prosecutors applied the preasure and presented an offer to Wagner in return for his cooperation. There is no doubt that Wagner’s testimony about his involvement will help federal prosecutors develop a case against all those involved.

Under the proposed deal, Wagner faces a two year manditory prison sentence on identity theft charges and a maximum of 5 on the conspiracy charges.

This is a very important case to follow as the results of the federal probe, potential convictions and penalty phase will have a significant impact on future legislation. The January issue of PI Magazine features several articles about the HP scandal and our responsibilities as investigators to remain ethical, at all times, on all cases.

What’s your opinion on this? Add your comments below.

Federal legislation that is awaiting the President’s signature:

H.R. privacy related 4709: Telephone Records and Privacy Protection Act of 2006 (Passed Both Chambers)
Passed Senate by Unanimous Consent.
To amend title 18, United States Code, to strengthen protections for law enforcement officers and the public by providing criminal penalties for the fraudulent acquisition or unauthorized disclosure of phone records.

Review legislation that was enacted in the state legislatures in 2006 by topic: identity theft, breach of information, event data recorders, the use and recording of social security numbers and financial privacy. The California Office of Privacy Protection lists privacy related legislation that was enacted in California in 2006.

Federal legislation that we may face in 2007: H.R. 5304: Preventing Harassment through Outbound Number Enforcement Act

H.R. 5126: Truth in Caller ID Act of 2006

Senator Leahy, the incoming Chair of the Senate Judiciary Committee, has announced his intention to reintroduce S.B.1789: Personal Data Privacy and Security Act of 2005. Leahy referred to this legislation in remarks he made to the Georgetown University Law Center.

Senator Specter and I have worked on a good data privacy bill that was reported by the Committee two years ago but never taken up by the Senate. The proliferation of data brokers and the burgeoning market for collecting and selling personal information intrude on the privacy of all Americans.

View the video of Sen. Leahy’s speech, Ensuring Liberty and Security Through Checks and Balances: A Fresh Start for the Senate Judiciary Committee in the New 110th Congress.