KUCI: Privacy Piracy

Dr. Alan F. Westin is Professor of Public Law and Government Emeritus at Columbia University; former Publisher of Privacy & American Business; and former President of the Center for Social & Legal Research. He is the author or editor of 26 books on constitutional law, civil liberties and civil rights, privacy, and American politics, and has been listed in Who's Who in America for three decades.

In 2005, Dr. Westin received the Privacy Leadership Award of the International Association of Privacy Professionals, the leading U.S. organization of business, government, and non-profit privacy officers.

Professor Westin's major books on privacy -- Privacy and Freedom (1967) and Databanks in a Free Society (1972) -- were pioneering works that prompted U.S. privacy legislation and helped launch global privacy movements in many democratic nations in the 1960's and 70's. He has also specialized in studying the impact of information technologies on national and local governmental operations, from decision-making to citizen services and freedom of information administration, illustrated by his 1971 book, Information Technology in a Democracy.

Over the past forty years, Dr. Westin has been a member of U.S. federal and state government privacy commissions and an expert witness before legislative committees and regulatory agencies. These activities cover privacy issues in financial services, credit and consumer-reporting, direct marketing, health care, telecommunications, employment, law enforcement, online and interactive services, survey research, and social-services.

Dr. Westin has been a privacy consultant to many U.S. federal, state, and local government agencies and government research foundations. These include the Departments of Commerce and Energy, the National Institute of Occupational Health and Safety, the General Services Administration, the National Bureau of Standards, Department of Justice Bureau of Justice Statistics, National Science Foundation, the New York State Identification and Intelligence System, and SEARCH: The National Consortium o f State Criminal Justice Information Systems.

He has consulted on privacy and helped write privacy codes for over one hundred companies, including IBM, Security Pacific National Bank, Equifax, American Express, Citicorp, Bell Atlantic, Intel, Empire Blue Cross and Blue Shield, Prudential, Bank of America, Chrysler, A.T.&T., SmithKline Beecham, News Corporation, VISA, Merck, and Glaxo Wellcome.

He has also spoken about privacy at more than 800 national and international business and industry and scholarly meetings since the late 1960's, as well as appearing on hundreds of national and international television programs. He has keynoted privacy conferences around the world, from Canada to England, France, the Netherlands, Germany, Austria, Italy, Sweden, Japan and Hong Kong.

Between 1978 and 2008, he has been the academic advisor to Louis Harris & Associates (now Harris Interactive) for more than 50 national surveys of public and leadership attitudes toward consumer, employee, and citizen privacy issues, in the United States, Canada, Germany, Britain and Japan. He has also done 20 planning and proprietary privacy surveys for companies, generally with Opinion Research Corporation of Princeton, N.J.

In 1993, Dr. Westin founded Privacy & American Business, a non-profit think tank that provided expert analysis and a balanced voice on business-privacy issues. P&AB published a bi-monthly newsletter; conducted an annual national conference in Washington on "Managing The Privacy Revolution"; and led a Corporate Privacy Leadership Program and a Global Business Privacy Policies Project. P&AB also managed privacyexchange.org - a global Internet web site on consumers, commerce, and data protection worldwide, covering privacy developments in over 100 nations. The Center finished its work in the Fall of 2006.

Also in 1993, Dr. Westin founded - along with Washington attorney Robert R. Belair - the Privacy consulting Group (PCG). This is now the oldest privacy-consulting boutique in the U.S. Its clients include leading financial services, telecommunication, pharmaceutical, health-care, and Internet firms. Current clients include Google, Boeing, and Yahoo! PCG leads the Center for Strategic Privacy Studies and Programs as well as the Program on Electronic Health Records and Privacy. PCG also partners with Harris Interactive on surveys dealing with consumer, employee, and citizen privacy.

J. Craig Williams is the founding member of WLF | The Williams Lindberg Law Firm, PC Mr. Williams' practice focuses in the areas of complex business litigation with emphasis on environmental, real estate, land-use and technology law, together with their respective insurance coverage and related tort issues. Mr. Williams also handles white-collar criminal matters.

Mr. Williams is author of How To Get Sued : An Instructional Guide- a witty approach to litigation. From the top 10 ways to get sued to the unwritten rules for dealing with judges, author J. Craig Williams shines an irreverent light on America's court system. The author of the popular blog "May It Please the Court", Williams puts together an entertaining, accessible take on the world of litigation. Readers will walk away amused and enlightened, and with a better view of what the world of litigation is really like in America's courtrooms.

His popular blog "May It Please the Court", which gets more than 13,000 hits daily and is a three-time award winner from the Los Angeles Press Club. His views also are featured on Legal Talk Network, an internet radio show where he is a co-host on "Lawyer2Lawyer."

An accomplished speaker, Mr. Williams lectures as an adjunct professor at the University of California at Irvine on Toxics Law, the UCI Extension Environmental Management Program on The Regulatory Framework for Hazardous and Toxic Materials, Stanford Law School on Environmental Insurance Coverage, the University of Iowa College of Law on Trial Advocacy and at Chapman University School of Law on Legal Writing and Research.

He was a contributing reporter on environmental litigation of the "ABA Real Estate Quarterly Report," and is the author of many articles, including "Son of the California Environmental Quality Act: A Look at Public Resources Code 21081.6," 33 Orange County Lawyer 36 (1991) and Co-author of "The Practical Implications of the Aerojet Decision, California Environmental Law and Remediation Reporter," April, 1998. Mr. Williams' experience includes practice at nationally recognized law firms and has appeared as lead litigation counsel in numerous states.

Mr. Williams enjoys scuba diving and is both a Divemaster and Scuba Instructor, certified by the Professional Association of Diving Instructors (PADI). He is also a downhill snow skier, and is certified as a Level One Instructor by the Professional Ski Instructors Association.

He is an avid sailor, having sailed and interned in the Tall Ships Race on board the square-sail Barkentine, the United States Coast Guard Cutter Eagle. He was a member of the Coast Guard Academy Sailing Team in New London, Connecticut. Mr. Williams has also crewed for the America's Cup America3 helmsman and Olympic Gold medal winner Buddy Melges.

http://www.WLF-law.com

http://www.MayItPleaseTheCourt.com

http://www.HowToGetSued.com

Mark Alan Sevigny graduated from the University of San Diego with a Juris Doctor in May 1977, after receiving a BA from San Diego State in Political Science with honors in 1973. He passed California State Bar Exam in August 1977 and went to work for the Orange County District Attorney's Office in February of 1978. In his thirty years as prosecutor, Mr. Sevigny tried over ninety jury trials, including twenty-five homicides, eleven felony sexual assault cases, and numerous major fraud cases. He worked in almost every unit of the office, including five years in the Major Fraud Unit in the 1980's and again between January 1999 and February 2008.

His activity in gang homicide investigations and prosecutions between 1990 and 1994 helped to formulate the legal and evidentiary strategies by which gang-related homicide cases were vigorously pursued and tried in Orange County.

From 1995 through 1997 he worked as one of the lead attorneys in the criminal investigation of the Orange County Bankruptcy case, including a nine-month presentation of evidence to the Orange County Grand Jury concerning the role of investment firms in the county's financial calamity. This investigation eventually led to a $30 million unfair business practices settlement with Merrill Lynch.

After that he served as supervising deputy district attorney in charge of Law and Motion of the District Attorney's Office for over a year and a half before returning to the Economic Crimes Unit in 1999 to be part of the Major Fraud and High Tech Crimes division.

During his tenure with the office Mr. Sevigny trained fellow prosecutors in the District Attorney's Office and through the California District Attorneys Association on documentary evidence, identity theft, complex case preparation, and major fraud issues.

Mr. Sevigny officially retired from the district attorney's office in February 2008, but still works there as a prosecutor on a part-time basis. He is also available as a consultant to private industry and insurance companies on issues relating to fraud and computer-related crimes.

Jonathan Zittrain holds the Chair in Internet Governance and Regulation at Oxford University and is a principal of the Oxford Internet Institute. He is also the Jack N. and Lillian R. Berkman Visiting Professor for Entrepreneurial Legal Studies at Harvard Law School, where he co-founded Harvard Law School's Berkman Center for Internet & Society in 1996. With students, he began Chilling Effects, a web site that tracks and archives legal threats made to Internet content producers. Google now sends its users to Chilling Effects when it has altered its search results at the behest of national governments.

His research interests include battles for control of digital property and content, cryptography, electronic privacy, the roles of intermediaries within Internet architecture, and the useful and unobtrusive deployment of technology in education. He was co-counsel with Lawrence Lessig in Eldred v. Ashcroft, which challenged the Sonny Bono Copyright Term Extension Act of 1998. The case lost 7-2 at the Supreme Court.

He performed the first large-scale tests of Internet filtering in China and Saudi Arabia in 2002, and now as part of the OpenNet Initiative he has co-edited a study of Internet filtering by national governments, "Access Denied: The Practice and Policy of Global Internet Filtering."

His book about the future of the now-intertwined Internet and PC is available Yale University Press and Penguin UK -- and under a Creative Commons license.

Papers may be found at http://www.jz.org.

Dr. Larry Ponemon, is a pioneer in the development of privacy audits, privacy risk management and ethical information management. He is the chairman and founder of The Ponemon Institute. Based upon his vast experience in the fields of corporate governance, privacy compliance, data protection and business ethics, he consults with leading multinational organizations on global privacy management programs. Dr. Ponemon was appointed to the Advisory Committee for Privacy for the United States Federal Trade Commission and to two California State task forces on privacy and data security laws. Dr. Ponemon was recently appointed by the Governor of Arizona to serve as public member of State Board of Optometry. Dr. Ponemon has held chaired faculty positions at Babson College and SUNY Binghamton and he's published dozens of articles and five learned books. He is a frequent media commentator on privacy and other business ethics topics for CNN, Fox News, CBS, CNBC, MSNBC, The Wall Street Journal, New York Times, Washington Post, USA Today, Financial Times, Business 2.0, Newsweek, Business Week, U.S. News & World Report, Computerworld, CIO Magazine, Industry Standard, Boston Globe, InfoWorld, InformationWeek, Forbes, Fortune, CFO Magazine, Red Herring, Dow Jones News and others. His research studies are well respected and have a profound impact on the manner in which corporations are changing their approach to important privacy issues.You can learn more at www.ponemon.org

Susan Jayson

Susan Jayson is executive director and co-founder of Ponemon Institute, LLC. In this role, Susan is responsible for managing the Institute's operations, including research on privacy and information management issues. Susan's background includes marketing, investor relations and corporate communications for such leading organizations as KPMG Peat Marwick, Arthur Andersen and the Financial Relations Board.

For his work on the domestic spying scandal, Lichtblau is the recipient of a Goldsmith Prize for Investigative Reporting and is also this year's recipient, with Times reporter James Risen, of the Pulitzer Prize for National Reporting. The Pulitzer jury applauded them "for their carefully sourced stories on secret domestic eavesdropping that stirred a national debate on the boundary line between fighting terrorism and protecting civil liberty."

Lichtblau has recently uncovered more government monitoring activities. The Swift story, in which counter-terrorism officials accessed the banking transactions of thousands of Americans from an international database, has alarmed many. The government's departure from typical practice in how they acquire large amounts of sensitive financial data has stirred concerns about legal and privacy issues.

Eric Lichtblau covers federal law enforcement and national security issues for the Washington bureau of The New York Times. Before coming to the Times, he worked for the The Los Angeles Times for 15 years in both California and Washington, focusing on investigative reporting, legal affairs and law enforcement. He is currently working on a book on the remaking of federal law enforcement since 9/11.

Lichtblau is also a guest commentator on television, appearing frequently on CNN, CNBC's Hardball, PBS's NewsHour with Jim Lehrer, and C-SPAN's Washington Journal. He also appears regularly on NPR's All Things Considered. Lichtblau has given speeches for Cornell University, Syracuse University, Mensa, judicial and academic conferences, and other forums.

Beth Givens is founder and director of the Privacy Rights Clearinghouse (PRC), a nonprofit advocacy, research, and consumer education program located in San Diego, California. The PRC was established in 1992 with funding from the California Public Utilities Commission's Telecommunications Education Trust. It is an independent program of the Utility Consumers' Action Network, a nonprofit organization that advocates for consumers' interests regarding telecommunications, energy and the Internet.

The PRC maintains a complaint/information hotline on informational privacy issues, the only one of its kind in the country. It publishes a series of guides on informational privacy issues. Topics include Internet privacy, wireless communications, credit reporting, identity theft, telemarketing, medical records, workplace privacy, employment screening, unsolicited mail, government records, children's online privacy, among others. These are available at the PRC's web site, www.privacyrights.org.

Givens frequently speaks and conducts workshops on the issue of privacy. She has participated in many media interviews including: The News Hour with Jim Lehrer (PBS), CBS Evening News, CNN, 60 Minutes, 48 Hours, Good Morning America, Court TV, NBC Evening News, CBS Weekend News, and major U.S. daily newspapers. She has testified on privacy public policy concerns before the U.S. Senate, the California Legislature, the California Public Utilities Commission, the Federal Trade Commission, the National Telecommunications and Information Administration, and the U.S. Comptroller of the Currency.

In addition, Givens has been a member of several task forces examining privacy-related public policy issues:: California Office of Privacy Protection Advisory Committee; Truste Wireless Privacy Committee; Justice Management Institute's Electronic Court Records Advisory Committee; Task Force on Criminal Records Identity Theft; California Legislature's Joint Task Force on Personal Information and Privacy; California Judicial Council Subcommittee on Privacy and Access; Internet Policy Committee of the San Diego Public Library; and the Mayor of San Diego's City of the Future Task Force. She has served on the U.S. Census Advisory Committee, California Radio Frequency ID Advisory Committee, and the California REAL ID Task Force,. Many of Givens' speeches and testimony are available on the PRC Web site under "Speeches&Testimony," www.privacyrights.org/ar.

Givens was awarded a Pioneer Award in 2002 from the Electronic Frontier Foundations. The Privacy Rights Clearinghouse is a 2000 award recipient from The Foundation for Improvement of Justice for its work in assisting victims of identity theft. Givens is a recipient of the 2000 Privacy International Brandeis Award. Ms. Givens contributed articles on identity theft to two encyclopedias: World Book (2004) and Encyclopedia of Crime and Punishment (2002). She also contributed a chapter to the 2006 book, RFID: Applications, Security and Privacy. She is the author of The Privacy Rights Handbook: How to Take Control of Your Personal Information (Avon Books, 1997). She is co-author of Privacy Piracy (with Mari Frank) : A Guide to Protecting Yourself from Identity Theft. Givens is also co-author and editor of the PRC's fact sheets, on the Web at www.privacyrights.org/fs.

Voice: 619-298-3396

Web:www.privacyrights.or

Byron Acohido is a Pulitzer Prize-winning investigative journalist who covers Internet security for USA Today. He is the co-author of Zero Day Threat: The Shocking Truth of How Banks and Credit Bureaus Help Cyber Crooks Steal Your Money and Identity. While at the Seattle Times earlier in his career, he was awarded the 1997 Pulitzer Prize for Beat Reporting, for stories linking a dangerous defect in the rudder controls of Boeing 737 jetliners to a string of crashes that killed hundreds of people. Since joining USA Today, Acohido has led the paper's cutting-edge coverage of Internet security and cyber crime. The New York State Society of Certified Public Accountants recently awarded he and co-author Jon Swartz the 2008 Excellence in Financial Journalism Awards for their newspaper stories about data theft and identity fraud. In 2005, the Society of American Business Editors and Writers awarded Acohido and Swartz the Best in Business Award for Projects by large newspapers; and they were named finalists in both 2005 and 2006 for the prestigious Gerald Loeb Award for Distinguished Business and Financial Journalism. Acohido has conducted numerous workshops on aviation safety, investigative journalism and technology topics. To hear Acohido discuss the public's rising exposure to data theft and identity fraud please visit http://zerodaythreat.com.

As an internal auditor Ms. Hammond is trained to identify or improve controls to prevent fraud within her company. She has been able to use some of her skills and training in her personal life. She has always done a great deal to protect her identity, including shredding everything with her name and address, reviewing her social security statement regularly, reviewing her credit report more than once a year, and opting out of telephone and mail marketing.

One afternoon in December 2005, Ms. Hammond was contacted by a credit card company attempting to verify that she had opened an account. She had not opened the account and hadn't authorized anyone else to open an account. She cancelled the credit card and by that evening she discovered there were other fraudulent accounts including a car loan. Ms. Hammond requested a fraud alert be placed on her credit report. From that point on she spent hours disputing fraudulent information, trying to figure out what other fraudulent activities there might be and wondering who got her personal information and how. She now had a second job auditing and analyzing information - almost every day after work she was writing letters, making phone calls, or checking the mail for evidence of other fraudulent activities. Fortunately, her diligent efforts lead to the arrest of the identity thief in early 2006. The thief had outstanding warrants for similar activities and had access to personal information - her information - while employed by Matria. Although the thief is currently in jail you can't help but wonder what happened? How did this person get access to Ms. Hammond's personal information? What could Matria have done to make sure that Ms. Hammond didn't lose control of her life. Hopefully, by sharing her story some companies will make sure they do everything possible to protect customer information and prevent even one person from experiencing the helplessness of identity theft.

Ms. Hammond graduated from the University of Tennessee with a B. S. in Accounting. Immediately following graduation she went to work for a federal contractor as an internal auditor. She has worked at the same place for 24 years and has been married for 23 years. Her job involves performing independent and objective evaluations of the adequacy and effectiveness of management control systems and quality of performance. In this role she performs a variety of audits that ultimately help the company do things right and do the right things. In this interview she will enlighten you to find out what she thinks should be done in companies.

David M. Fountain is a professional truck driver for a national transportation company. He is 36 years old, and lives in Essex, Vermont with his wife and two children. He has lived in Vermont for twelve years, and before that he was a resident of New York State. He earned an Associate's degree from Clinton Community College, with a major in criminal justice.

Jennifer Fountain, his wife, graduated from the Fanny Allen School of Practical Nursing, as an LPN and worked as a nurse for 15 years. She is currently working as a Para educator in the Essex Town School System. She is 36 years old as well and has lived in Vermont her whole life. She has spent the past five months learning about Identity theft and its surrounding issues and problems.