From: Dave Banisar <banisar@washofc.cpsr.org>
Date: Mon, 11 Oct 93 21:06:44 PDT
To: CYPHERPUNKS <CYPHERPUNKS@toad.com>
Subject: CPSR Alert 2.03
Message-ID: <00541.2833227469.217@washofc.cpsr.org>
MIME-Version: 1.0
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  CPSR Alert 2.03
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     Volume  2.03                                 October 12, 1993
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                           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
  
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[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.
  
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[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
  
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[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)

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Computer Professionals for Social Responsibility is a national,
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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
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  ------------------------ END CPSR Alert 2.03-----------------------