[63] David Cracknell, "ID cards for all to cost £40," The Sunday Times, July 6, 2003.
[64] Dato' Param Cumaraswamy, "Terrorism: Meeting the Challenges/Finding the Balance," Address to the 13th Commonwealth Law Conference from the UN Special Rapporteur on the Independence of Judges and Lawyers, Melbourne, April 13-17, 2003.
[65] Mike Branom, "Judge cites terrorism concerns for ruling on Muslim woman's veil," the Associated Press, June 7, 2003.
[66] Eric Lichtblau, "F.B.I. Opens Inquirty Into Seizure of Documents From Associated Press," The New York Times, April 24, 2003.
[67] Giles Wilson, "Terrorism fear derails train-spotters," BBC NewsOnline, 28 May, 2003.
[68] Washington Post Editorial, "Questions in Texas," May 23, 2003, page A24.
[69] Joint Declaration of the Foreign Ministers of the Russian Federation and the Associeation of Southeast Asian Nations on Parternship for Peace and Security, and Prosperity and Ddevelopment in the Asia-Pacific Region, June 19, 2003.
[70] Jane Perlez, "Indonesia Says Drive Against Separatists Will Not End Soon," The New York Times, July 9, 2003.
[71] The Economist, "In no mood for dissent," February 11, 2003.
[72] Eric Lichtblau, "U.S. Caustiously Begins to Seize Millions in Foreign Banks," The New York Times, May 30, 2003.
[73] Statewatch, "Interior minister links terrorism and activists' "widespread political illegality," Feburary 2003.
[74] RFE/RL, "Moldovan Parliament Approves Presidential Bill on Fightin Extremsism," Newsline Vol.7, No.35, Part II, February 24, 2003.
[75] RFE/RL Newsline, Vol.7, No.34, Part I, 21 February 2003.
[76] Advocacy.ge, Security Ministry Threatens Civil Liberties: Controversial Draft Raises Grave Concerns on Government Motivation, February 2003, available at http://www.advocacy.ge/magazine/statia_14.shtml.
[77] United Nations Resolution 1368 (2001), adopted by the Security Council at its 4370th meeting, September 12, 2001.
[78] Council of Europe Committee of Ministers, Declaration of the Committee of Ministers on the fight against international terrorism, adopted by the Committee of Ministers at the 763rd meeting of the Ministers' Deputies, September 12, 2001.
[79] Council of Europe Parliamentary Assembly, Recommendation 1534 (2001), Democracies Facing Terrorism, September 26, 2001 (28th Sitting), available at http://assembly.coe.int/.
[80] Commission of the European Communities, Brussels, Report From The Commission, Overview of European Union action in response to the events of the 11 September and assessment of their likely economic impact, 17.10.2001, COM(2001) 611 final.
[81] Statement of G-7 Finance Ministers and Central Bank Governors, Action Plan to Combat the Financing of Terrorism, October 6, 2001.
[82] See generally, available at http://www1.oecd.org/fatf/.
[83] Criminal Code of Canada, (CC 186(1b)), 2000.
[84] Electronic Frontiers Australia, Media Release: Senate Rejects e-mail Snooping Law - Victory For Online Privacy, June 28, 2002.
[85] Statement of Senator Ellison, Minister of Justice and Customs, Senate Official Hansard No.6 2002, June 27, 2002, available at http://www.aph.gov.au/hansard/senate/dailys/ds270602.pdf.
[86] Shelley Hodgson, "ASIO spying on the increase," The Australian, June 29, 2003.
[87] Roger Gaspar (NCIS), "Looking to the Future: Clarity on Communications Data Retention Law," August 21, 2000, ACPO, ACPO(S), HM Customs & Excise, Security Service, Secret Intelligence Service, and GCHQ,.
[88] Letter from President George W. Bush to Mr Romano Prodi, President, Commission of the European Communities, Brussels, October 16, 2001, forwarded by the Deputy Chief of Mission, United States Mission to the European Union, available at http://www.statewatchapterorg/news/2001/nov/06Ausalet.htm.
[89] Comments of the United States Government on the European Commission Communication on Combating Computer Crime, December 2001, available at http://www.cybercrime.gov/intl/USComments_CyberCom_final.pdf.
[90] Prepared statement of the United States of America, presented at European Union Forum on Cybercrime, Brussels, 27 November 2001, available at http://www.cybercrime.gov/intl/MMR_Nov01_Forum.doc.
[91] Statement of the G8 Justice and Interior Ministers: Recommendations for Tracing Networked Communications Across National Borders in Terrorist and Criminal Investigations, May 14 2002, Mont Tremblant, Quebec, available at http://www.g8j-i.ca/english/doc2.html.
[92] The Performance and Innovation Unit of the Cabinet Office, "Privacy and data-sharing: The way forward for public services," April 2002, available at http://www.cabinet-office.gov.uk/innovation/2002/privacy/report/.
[93] "FIPR appalled by Huge Increase in Government Snooping," Foundation for Information Policy Research Press Release, June 10, 2002, available at http://www.fipr.org/press/020610snooping.html.
[94] "'Chaos' warning over airport security plan," BBC News Online, July 6, 2002, available at http://news.bbc.co.uk/hi/english/uk/newsid_2104000/2104280.stm.
[95] Solicitor General of Canada, RCMP and CSIS Access to Airline Passenger Information, available at http://www.sgc.gc.ca/EPub/Pol/eAirPassInfo.htm.
[96] Letter to Honourable David Collenette, Minister of Transport, on the subject of Bill C-55, from the Privacy Commissioner of Canada, George Radwanski, June 18, 2002. available at http://www.privcom.gc.ca/media/nr-c/02_05_b_020618_e.asp.
[97] "Europol to be given access to the S.I.S., then custody?" Statewatch, March 27, 2002.
[98] Glenn R. Simpson and Jathon Sapsford, "New Rules for Money-Laundering," The Wall Street Journal, April 23, 2002.
[99] "Financial Action Task Force on Money Laundering Special Recommendations on Terrorist Financing," available at http://www.fatf-gafi.org/SRecsTF_en.htm.
[100] Robert O'Harrow Jr., "Financial Database To Screen Accounts: Joint Effort Targets Suspicious Activities," Washington Post, May 30, 2002; at E01.
[101] "Special Report: New Threats To Privacy: The Intensifying Scrutiny at Airports," Business Week, June 5, 2002.
[102] Robert O'Harrow Jr., "Intricate Screening Of Fliers In Works - Database Raises Privacy Concerns," Washington Post, February 1, 2002, at A01.
[103] "Iris Scans Take off at Airports," ComputerWorld, July 17, 2002.
[104] Ricardo Alonso-Zaldivar, "'Trusted' Air Travelers Would Minimize Wait Security: Passengers who Voluntarily Agree to a Background Check Could be Issued a Special Credential," Los Angeles Times, February 5, 2002.
[105] Office of Management and Budget, Stimulating Smarter Reuglation: 2002 Report to Congress on the Costs and Benefits of Regulations and Unfunded Mandates on State, Local, and Tribal Entities, published in March 2003.
[106] Statement of Raymond J. Decker, Director Defense Capabilities and Management, "Combating Terrorism: Observations on National Strategies Related to Terrorism," Testimony before the Subcommittee on National Security, Emerging Threats, and International Relations, Committee on Government Reform, House of Representatives, March 3, 2003.
[107] The Library of Congress stopped recording its inventory of laws and resolutions in November 2002.
[108] Statement of Admiral James M. Loy, Administrator, Transportation Security Administration, before the Subcommittee on Technology, Information Policy, Intergovernmental Relations, and the Census, Committee on Government Reform, U.S. House of Representatives, May 6, 2003.
[109] Article 29 Data Protection Working Party, Opnion 4/2003 on the Level of Protection ensured in the US for the Transfer of Passengers' Data, 11070/03/EN, Adopted on 13 June 2003.
[110] Report to Congress regarding the Terrorism Information Awareness Program, May 20, 2003
[111] Rachel L. Swarns, "More than 13,000 May Face Deportation," The New York Times, June 7, 2003.
[112] Jane Black, "At Justice, NSEERS Spells Data Chaos," Business Week Online, May 2, 2003.
[113] Swarns, supra 49.
[114] Marcia Slacum Greene, "Computer Problems Slow Tracking of Foreign Students," The Washington Post, March 26, 2003, Page A06.
[115] Eric Lichtblau, "Senate Deal Kills Effort to Extend Antiterror Act," The New York Times, May 9, 2003.
[116] Cosima Marriner and Mark Riley, "ASIO Gets Sweeping Powers of Arrest," Sydney Morning Herald, June 12, 2003.
[117] Annie White, "PM - Civil Rights groups warn against ASIO legislation," ABC Online, June 12, 2003, http://www.abc.net.au/pm/content/2003/s878534.htm.
[118] Andrew Selsky, "Colombia defends anti-terrorism measures as rights group warns of abuses," Associated Press, June 20, 2003.
[119] Department of the Solicitor General of Canada, Annual Report on the Use of Arrest Without Warrant Pursuant to the Anti-Terrorism Act 2002, May 2003.
[120] Attorney General of Canada, Annual Report concerning Investigative Hearings and Recognizance with Conditions for period of December 24, 2001 - December 23, 2002, May 2003.
[121] BBC, "US 'concern' at Egypt powers," BBC News Online, February 25, 2003.
[122] Daily Press Briefing, Philip T. Reeker, Deputy Spokesman, U.S. Department of State, February 24, 2003, Washington, DC.
[123] BBC, "Jakarta debates terror decree," BBC News Online, October 15, 2002.
[124] AFX, "Indonesian parliament enshrines anti-terrorism decrees in law," March 6, 2003.
[125] Richard Boucher, Spokesman for Department of State, Press Statement: Conviction of Muhammad Nazar by Indonesian Court, July 2, 2003.
[126] Daily Nation, Thursday July 3, 2003, pages 17-21.
[127] Ahmed Issack Hassan, Suppression of Terrorism Bill 2003: Pitfalls of the anti-terrorism bill, June 27, 2003, as posted on infoshop.org on Friday June 27, 2003.
[128] Harrison Kinyanjui, "Opinion: Anti-terror Law Will Roll Back Kenya's Civil Liberties," The Daily Nation, June 30, 2003.
[129] Republic of South Africa, Anti-Terrorism Bill, as introduced to the National Assembly as a section 75 Bill, published in Government Gazette No. 24076 of 15 November 2002.
[130] Andre Koopman, "SA's Terrorism Bill 'worse than Israel's'," The Mercury, June 25, 2003, page 1.
[131] Alfred A. Aaraya Jr., "Solon raises alarm on antiterrorism bill," cyberdyaryo.com, May 13, 2002, available at http://www.cyberdyaryo.com/features/f2002_0513_02.htm.
[132] The accused will not be granted bail unless he provides exceptional circumstances.
[133] Parliamentary Editor, "Detention without trial in the back door," BusinessDay, June 25, 2003.
[134] James Mwakisyala and Faustine Rwambali, "Dar's Anti-Terrorism Law a 'Threat' to Human Rights," The EastAfrican, October 21, 2002.
[135] AFP, "Sudan sets up special branch for terrorism cases," The Peninsula On-Line, June 17, 2003.
[136] Ma. Theresa Torres, Cheryl M. Arcibal and John Anthony Concepcion, "Opposition solons pitch for ID scheme," Manila Times, October 16, 2002.
[137] The Home Office, Entitlement Cards and Identity Fraud: A Consultation Paper, Presented to Parliament by the Secretary of State for the Home Department, July 2002. Available at http://www.homeoffice.gov.uk/docs/entitlement_cards.pdf.
[138] Campbell Clark, "Coderre pushes Ottawa to adopt national ID cards," Globe and Mail, February 7, 2003.
[139] Roger Clarke, "SmartGate: A Face Recoginition Trial at Sydney Airport," 28 February 2003, available at http://www.anu.edu.au/people/Roger.Clarke/DV/SmartGate.html.
[140] APEC Media Release issued by APEC Secretariat, "APEC Welcomes Australia's Support to Strengthen Regional Security," Sydney, Australia, April 30, 2003.
[141] Hon Rick Barker, "Airlines cooperating to provide passenger information," December 23, 2002, on http://www.beehive.govt.nz, the official website of the New Zealand Government.
[142] Statewatch, "EU: Spain proposes data on all airline passengers to be sent to law enforcement agencies and for extra checks on all foreign nationals entering the EU," Statewatch News Online, last updated March 28, 2003, available at http://www.statewatch.org/news/2003/mar/24spain.htm.
[143] Cuban National Assembly of People's Power, Laws Against Acts of Terrorism, Law No.92, 2002.
[144] Scott MacLeod, "Search bill breaks password barriers," The New Zealand Herald, June 20, 2003.
[145] The Nation, "Suspected Terrorist, 24, is Arrested," June 30, 2003, available at http://allafrica.com/stories/200306300753.html.
[146] For example, even Iraq under Saddam Hussein reported to the committee regarding Iraq's adherence to the conventions. See Mohammed A. Aldouri, Letter dated 13 August 2002 from the Permanent Representative of Iraq to the United Nations addressed to the Chairman of the Security Council committee established pursuant to resolution 1373(2001) concerning counter-terrorism.
[147] NZPA, "PM's war stance criticised as Parliament debates terrorism bill," The New Zealand Herald, April 2, 2003.
[148] OAU Convention On The Prevention And Combating of Terrorism, 21 August 2002.
[149] AP and AFP, "ASEAN summit covers terrorism, oil reserves," published in Taipei Times, July 3, 2003, page 5.
[150] Nigel Morris, "Blunkett urges leading nations to adopt computerised passports," Independent, May 5, 2003.
[151] John Tagliabue, "Group of 8 Finds Unity on the Threat of Terrorism," The New York Times, May 6, 2003.
[152] ICAO Press Release PIO 09/2003, Biometric Identification to Provide Enhanced Security and Speedier Border Clearance for Travelling Public, Montreal, May 28, 2003, available at http://www.icao.int/icao/en/nr/pio200309.htm.
[153] President's Summary, Meeting of G8 Ministers of Justice and Home Affairs, Paris, 5 May 2003.
[154] Chair's Summary, Evian, June 3, 2003, available at http://usinfo.state.gov/topical/econ/group8/summit03/03060308.htm.
[155] Office of the Press Secretary, "Fact Sheet: Action to Enhance Global Capacity to Combat Terror," The White House, June 2, 2003.
[156] Preface, by Anthony Aust, to the Implementation kits for the International Counter-Terrorism Conventions, Criminal Law Section, Legal and Constitutional Affairs Division, Commonwealth Secretariat, London, United Kingdom.
[157] Commonwealth Secretariat, Model Legislative Provisions on Measures to Combat Terrorism, Criminal Law Section, Legal and Constitutional Affairs Division, September 2002.
[158] Financial Action Task Force on Money Laundering, The Forty Recommendations, June 2003.
[159] Hugh Williamson, "Tighter rules agreed on money laundering," The Financial Times, June 20, 2003.
[160] Anadolu Agency, "Ecemis: Terrorism is a Universal Trouble," Turkish Press, June 9, 2003.
[161] Ambassador Cofer Black, Keynote address to the Organization for Security and Cooperation in Europe; Annual Security Review Conference, Vienna, Austria, June 25, 2003.
[162] OSCE Press Release, "OSCE Security Conference considers fresh options," Vienna, June 26, 2003, available at http://www.osce.org/news/show_news.php?id=3382.
[163] The Council of the European Union, Outcome of Proceedings of meeting of Working Party on Terrorism, November 25, 2002, released on 12 December 2002, 15147/02 LIMITE ENFOPOL 151.
[164] The Council of the European Union, Note from the German Delegation to the Article 36 Committee on Computer-aided preventative searches carried out by individual Member States on the basis of coordinated offender profiles (Europe-wide electronic profile searches), Brussels, October 31 2002, 13626/02 LIMITE ENFOPOL 130.
[165] The Council of the European Union, Presidency Note - To: General Affairs and External Relations Council; Subject: European Union action plan to combat terrorism - Update of the roadmap, Brussels, November 14, 2002, 13909/1/02 REV 1.
[166] Rene Sanchez, "Librarians Make Some Noise Over Patriot Act," The Washington Post, April 10, 2003, at A20.
[167] The American Civil Liberties Union has as web page that focusses on community resolutions, available at http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11256&c=206.
[168] Keith Bradsher, "Hong Kong Chief Executive Faces Calls to Step Down," The New York Times, July 8, 2003.
[169] Middle East On-line, "Jordan scraps tough new press law clause," April 22, 2003, available at http://www.middle-east-online.com/english/Default.pl?id=5248.
[170] Associated Press, "Peru to Review 1,800 Terrorism Sentences," February 21, 2003.
[171] Reuters, "Peru's Toledo Wants Power to Legislate on Terrorism," January 8, 2003.
[172] Noah Leavitt, "Peru as Our Crystal Ball?" One possible Future for America's War on Terrorism, and the Lessons That Can Help Us Avoid It," Findlaw Legal Commentary, June 6, 2003, available at http://writ.findlaw.com/commentary/20030605_leavitt.html.
[173] CNN, "India terror bill faces upper house test," CNN.com, March 21, 2002.
[174] IndiaExpress Bureau, "Allies force Centre to set up POTA review committee," March 13, 2003.
[175] Richard Sobel, The Degradation of Political Identity Under a National Identification System, 8 B.U. J. Sci. & Techapter L. 37, 48 (2002). See also National Research Council, "IDs - Not That Easy: Questions About Nationwide Identity Systems," 2002, available at http://www.nap.edu/catalog/10346.html?opi_newsdoc041102.
[176] "Entitlement Cards and Identity Fraud: A Consultation Paper," Presented to the Parliament by the Secretary of State for the Home Department, July 2002, available at http://www.homeoffice.gov.uk/cpd/entitlement_cards.pdf.
[177] Simon Davies. "The Id Card Is The Fraudster's Friend," The Sunday Telegraph, July 7, 2002. See also, Oscar H. Gandy, Jr., The Panoptic Sort: A Political Economy of Personal Information (Westview Press 1993).
[178] Philippine Supreme Court Decision of the National ID System, July 23, 1998, G.R. 127685, available at http://bknet.org/laws/nationalid.html.
[179] Constitutional Court Decision No. 15-AB of 13 April 1991, available at http://www.privacy.org/pi/countries/hungary/hungarian_id_decision_1991.html.
[180] Article 35 (5), Constitution Of The Portuguese Republic 1976 (as amended), available at http://www.parlamento.pt/leis/constituicao_ingles/crp_uk.htm#article_35.
[181] See generally EPIC's National ID Pages http://www.epic.org/privacy/id_cards/.
[182] Deutsche Bank Research, "Biometrics - Hype and Reality," May 22, 2002, available at http://www.dbresearchaptercom/PROD/999/PROD0000000000043270.pdf.
[183] Roger Clarke, "Biometrics and Privacy," April 15, 2001, available at http://www.anu.edu.au/people/Roger.Clarke/DV/Biometrics.html.
[184] Attorney General Transcript, News Conference - DNA Initiatives, Monday, March 4, 2002, DOJ Conference Center.
[185] Joe Figueiredo, "Dutch Authorities Decline Request for Wiretapping Details," Europemedia.net, April 4, 2003, available at http://www.europemedia.net/shownews.asp?ArticleID=15745.
[186] Reuters News Agency, "In Australia, Chances Are that Your Phone Is Tapped," September 16, 2002.
[187] Tyler Hamilton, "Powers Snoop More, Explain Why Less," Toronto Star, March 24, 2003.
[188] United States Department of State, Country Report on Human Rights Practices 1997, January 30, 1998.
[189] United Nations Human Rights Commissioner, The right to respect of privacy, family, home and correspondence, and protection of honour and reputation (Article 17), CCPR General Comment 16, April 8, 1988.
[190] The Associated Press, "Top German Court Hears a Challenge to Eavesdropping," in New York Times, July 2, 2003.
[191] See David Banisar & Simon Davies, "The Code War," Index on Censorship, January 1998.
[192] See EPIC, Wiretap, available at http://www.epic.org/privacy/wiretap/.
[193] Third Report and Order adopted by the Federal Communications Commission, In the Matter of Communications Assistance for Law Enforcement Act, CC Docket No. 97-213, FCC 99-230 (1999) (the "Order"). The Order was released on August 31, 1999. A summary of the Order was published in the Federal Register on September 24, 1999. See 64 Fed. Reg. 51710.
[194] Telecommunications Act 1997, Parts 14 and 15.
[195] Cybercrime Act 2001, No. 161, 2001, inserting sections 3LA and 201A in the Crimes Act 1914, available at http://scaleplus.law.gov.au/html/pasteact/3/3486/pdf/161of2001.pdf.
[196] Regulation of Investigatory Powers Act 2000, sections 12 (1) and 22 (4) respectively, available at http://www.hmso.gov.uk/acts/acts2000/20000023.htm.
[197] Telecommunications Act 1998. Rules pertaining to Telecommunications (Telecommunications Act), December 1998.
[198] Telecommunications (Residual Powers) Act 1987, section 10D.
[199] "Interception Capability - Government Decisions," New Zealand Government Executive Press Release, March 21, 2002, available at http://www.executive.govt.nz/speechaptercfm?speechralph=37658&SR=0.
[200] Loi fédérale sur la surveillance de la correspondance postale et des télécommunications, http://www.admin.ch/ch/f/rs/c780_1.html and the respective new decree http://www.admin.ch/ch/f/rs/c780_11.html.
[201] http://www.vfgh.gv.at/vfgh/presse/G37-16-02.pdf.
[202] See for more details http://www.epic.org/privacy/intl/austrian_vfgh-022703.html.
[203] Council Resolution of 17 January 1995 on the lawful interception of telecommunications, Official Journal of the European Communities November 4, 1996, available at http://europa.eu.int/eur-lex/en/lif/dat/1996/en_496Y1104_01.html.
[204] ENFOPOL 98, September 1998, available at http://www.heise.de/tp/deutsch/special/enfo/6326/1.html (in German). See also Duncan Campbell, "Special Investigation: ILETS and the ENFOPOL 98 Affair," Heise Online, April 29, 1999, available at http://www.heise.de/tp/english/special/enfo/6398/1.html.
[205] Draft Council Resolution on the Lawful Interception of Telecommunications in Relation to New Technologies ENFOPOL 19, March 15, 1999.
[206] Council of the European Union, Council Resolution on law enforcement operational needs with respect to public telecommunication networks and services, 9194/01, ENFOPOL 55, June 20, 2001.
[207] Testimony of Robert Corn-Revere, before the Subcommittee on the Constitution of the Committee on the Judiciary, United States House of Representatives, The Fourth Amendment and the Internet, April 6, 2000, available at http://www.house.gov/judiciary/corn0406.htm.
[208] "FBI's System to Covertly Search E-Mail Raises Privacy," Wall Street Journal, July 11, 2000.
[209] "Reno to double-check Carnivore's bite," Reuters, July 13, 2000.
[210] IITRI, Independent Technical Review of the Carnivore System, Final Report, December 8, 2000, available at http://www.epic.org/privacy/carnivore/carniv_final.pdf.
[211] "Russia Prepares To Police Internet," The Moscow Times, July 29, 1998. More information in English and Russian is available from the Moscow Libertarium Forum http://www.libertarium.ru/libertarium/sorm/.
[212] See Dutch Forensics Institute Homepage http://www.holmes.nl/.
[213] G. Walton, China's Golden Shield: Corporations and the Development of Surveillance Technology in the People's Republic of China 9 (Rights and Democracy, 2001) available at http://serveur.ichrdd.ca/english/commdoc/publications/globalization/goldenShieldEng.html.
[214] B. Rappert, "Assessing the Technologies of Political Control" (1999) 36(6) J. of Peace Research741. The Golden Shield Project contemplates automated voice recognition through digital signal processing, distributed, network video surveillance, and content-filtration of the Internet.
[215] See, e.g., L. Weijun,"China Plans to Build Internet Monitoring System," China News Daily, March 20, 2001 http://www.cnd.org/Global/01/03/20/010320-3.html.
[216] United States v. Scarfo, 180 F. Supp. 2d 572 (D.N.J. 2001). See generally EPIC's Scarfo web page http://www.epic.org/crypto/scarfo.html.
[217] Elinor Mills Abreu, "FBI Confirms 'Magic Lantern' Project Exists," Reuters, December 12, 2001.
[218] Law No. 378, June 6, 2002.
[219] Council of Europe Convention on Cybercrime (ETS no: 185), opened for signature on November 8, 2001.
[220] See generally http://www.fcc.gov/e911/.
[221] "Telecom Companies Stored Information for Over Six Years," BNA World Data Protection Report, Volume 1, Issue 12, December 2001.
[222] Testimony of the Attorney General to the Senate Committee on the Judiciary, Washington DC, September 25, 2001.
[223] See EPIC's International Data Retention Page http://www.epic.org/privacy/intl/data_retention.html.
[224] Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector http://register.consilium.eu.int/pdf/en/02/st03/03636en2.pdf.
[225] Art. 15 (1), id.
[226] Art. 2 (b) and (c), id.
[228] All Party Parliamentary Internet Group, Communications Data: Report of an Inquiry by the All Party Internet Group, January 2003 http://www.apig.org.uk/APIGreport.pdf.
[229] This is, e.g., the case in Spain where the recent law allowing data retention for a year (the "LSSICE") has been challenged as being in direct opposition to the Spanish Constitution. See generally, EPIC's LSSI web page http://www.epic.org/privacy/intl/lssi.html.
[230] EFFi, "Finland rewrote the Internet censorship law," Press Release, February 16, 2003.
[231] "Answers to a questionnaire on traffic data retention," Council of the European Union, November, 20, 2002 http://servizi.radicalparty.org/data_retention/.
[232] Karlin Lillington, "Departments at Odds on Data Retention Bill," The Irish Times, June 27, 2003.
[233] European Competitive Telecommunications Association (ECTA"), "ECTA Statement on Data Retention in the EU," Update June 2003; see generally http://www.epic.org/privacy/intl/data_retention.html#industry.
[234] EICTA, ETNO, EuroISPA, ICC, Intug, and UNICE, "Common Industry Statement on Storage of Traffic Data for Law Enforcement Purposes," June 4, 2003 http://www.iccwbo.org/home/statements_rules/statements/2003/Common%20Industry%20Position%20on%20data%20retention%20final%20june%202003%20logos.pdf.
[235] Statewatch, "Majority of Governments Introducing Data Retention of Communications," January 2003, available at http://www.statewatch.org/news/2003/jan/12eudatret.htm.
[236] Dr Paul Norman, "Policing 'high tech crime' in the global context: the role of transnational policy networks," available at http://www.bileta.ac.uk/99papers/norman.htm.
[237] For details see http://www.privacyinternational.org/issues/cybercrime/.
[238] See, e.g., Global Internet Liberty Campaign (GILC) Member Letter on Council of Europe Convention on Cyber-Crime, October 18, 2000 http://www.gilc.org/privacy/coe-letter-1000.html; GILC Member Letter on Council of Europe Convention on Cyber-Crime Version 24.2, December 12, 2000 http://www.gilc.org/privacy/coe-letter-1200.html.
[239] Statement of Concerns, July 20, 2000. http://www.cerias.purdue.edu/homes/spaf/coe/index.html.
[240] European Union Article 29 Data Protection Working Group, Opinion 4/2001 on the Council of Europe's Draft Convention on Cyber-crime, March 22, 2001 http://www.europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2001/wp41en.pdf.
[241] Cybercrime Bill 2001 Second Reading Speech by the Attorney General, The Parliament of the Commonwealth of Australia.
[242] The Romanian Parliament, A Law on Certain Steps for Assuring Transparency in Performing High Officials Positions, Public and Business Positions, for Prevention and Sanctioning the Corruption.
[243] See, e.g., GILC, Member Letter to Council of Europe Secretary-General Walter Schwimmer, February 6, 2002, available at http://www.gilc.org/speech/coe_hatespeech_letter.html.
[244] Declan McCullagh, "U.S. won't support Net 'hate speech' ban," CNET News.com, November 15, 2002.
[245] See, e.g., GILC, Member Letter to Council of Europe Secretary-General Walter Schwimmer, February 28, 2002, available at http://www.gilc.org/speech/coe_hatespeech_2.html.
[246] Recommendations for Tracing Networked Communications Across National Borders in Terrorist and Criminal Investigations, published at the G8 Justice and Interior Ministers' Meeting in Mont-Tremblant, Quebec, May 2002 http://www.g8j-i.ca/english/doc2.html.
[247] Principles on the Availability of Data Essential to Protecting Public Safety, published at the G8 Justice and Interior Ministers' Meeting in Mont-Tremblant, Quebec, May 2002 http://www.g8j-i.ca/english/doc3.html.
[248] "European Union Ministers Vow Cyber Crime Crackdown," Reuters, July 29, 2000.
[249] Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions, Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime, COM(2000) 890 final, January 26, 2001, available at http://www.privacyinternational.org/issues/cybercrime/eu/.
[250] Commission Proposal for a Council Framework Decision on Attacks against Information Systems (COM (2002) 173 final), April 19, 2002.
OECD Guidelines for the Security of Information Systems, adopted November 1992, available at http://www.oecd.org/EN/document/0,EN-document-29-nodirectorate-no-24-10249-29,00.html.
[252] European Parliament, Temporary Committee on the Echelon Interception System, Report on the Existence of a Global System for the Interception of Private and Commercial Communications (ECHELON interception system) (2001/2098(INI)), May 18, 2001 (adopted July 11, 2001), available at http://www.europarl.eu.int/tempcom/echelon/pdf/prechelon_en.pdf.
[253] Steve Kettmann, "U.S. Echelon Snub Angers Europe," Wired News, May 18, 2001, available at http://www.wired.com/news/privacy/0,1848,43921,00.html.
[254] Published by STOA (Science and Technology Options Assessment). Reference Project No. IV/STOA/RSCH/LP/politicon.1.
[255] Report to the Director General for Research of the European Parliament (Scientific and Technical Options Assessment programme office) on the development of surveillance technology and risk of abuse of economic information, available at http://jya.com/echelon-dc.htm.
[256] CCTV is a visual surveillance technology, either analog or digital, designed for monitoring various environments and activities. CCTV systems typically involve a dedicated communications link between cameras and monitors, and involve a linked system of cameras able to be viewed and operated from a control room.
[257] Jeffrey Rosen, "A Cautionary Tale for a New Age of Surveillance," New York Times Magazine, October 7, 2001.
[258] NYCLU Surveillance Camera Project http://www.nyclu.org/surveillance.html. See also, New York Surveillance Camera Players http://www.notbored.org/the-scp.html.
[259] "Eyes in the Sky: DC Police Are Building a Network of Cameras To Keep Tabs on the Public," Wall Street Journal Classroom Edition, April 2002.
[260] Stephen Graham, The Fifty Utility, Index on Censorship, Issue 3, 2000, available at http://www.indexoncensorship.org/300/gra.htm.
[261] See Marcia Biederman, "Automobiles: Are Red-Light Cameras Aimed at Safety or Fines?," New York Times, October 23, 2002, available at http://www.nytimes.com/2002/10/23/automobiles/23BIED.html (on the use of red-light cameras by law enforcement); John Tierney, "Traffic Cameras Could Help Solve Crimes," New York Times, October 15, 2002, available at http://www.nytimes.com/2002/10/15/national/15CAME.html.
[262] See Kristen Lombardi, "Candid Cameras. Activists, Unions, and the ACLU Question Worcester Cops' Practice of Photographing Peaceful Demonstrators," Boston Phoenix, March 28, 2002 http://www.www.bostonphoenix.com/boston/news_features/top/features/documents/02212398.htm; Dorothy Korber, "Protesters Cry Foul over Police Videotaping," Sacramento Bee, June 5, 2003, available at http://www.sacbee.com/content/news/crime/story/6218889p-7173447c.html; Ian Austen, "For the Spy in the Sky, New Eyes," New York Times, June 20, 2002, available at http://www.nytimes.com/2002/06/20/technology/circuits/20SPYY.html?8ict=&pagewanted=print&position=bottom (on the use of helicopter cameras).
[263] See David McGuire, "Virginia Beach Installs Face-Recognition Cameras," Washington Post, July 3, 2002, available at http://www.washingtonpost.com/ac2/wp-dyn/A19946-2002Jul3?language=printer.
[264] See Mark Towsend & Paul Harris, "Security Role for Traffic Cameras," The Observer, February 9, 2003, available at http://www.observer.co.uk/politics/story/0,6903,892001,00.html.
[265] Over the three-year period of 1999 through 2001, the British government has made available GBP170 million (~USD272.5 million) for CCTV schemes in town and city centres, car parks, crime hot-spots and residential areas. See Brandon C. Welsh & David P. Farrington, Crime Prevention Effects of Closed Circuit Television: A Systematic Review, Home Office Research Study 252, August 2002, available at http://www.homeoffice.gov.uk/rds/pdfs2/hors252.pdf.
[266] The consultation shows that there has been so far insufficient public debate about the limits to be placed on the use of video surveillance in order to safeguard data subjects' rights and freedoms, and that a number of legal and practical issues resulting from the implementation of the Directive in the Member States with respect to sound and image data is creating some uncertainty for operators called on to comply with the legislation and for individuals entitled to exercise their data protection rights. European Commission, First report on the implementation of the Data Protection Directive (95/46/EC), COM (2003) 265(01), available at http://europa.eu.int/eur-lex/en/com/rpt/2003/com2003_0265en01.pdf; see also European Commission's Report on the transposition of Directive 95/46/EC homepage http://europa.eu.int/comm/internal_market/privacy/lawreport_en.htm. See also British Institute of International & Comparative Law, Report on the Implementation of Directive 95/46/EC to the Processing of Sound and Image Data, May 16, 2003, available at http://europa.eu.int/comm/internal_market/privacy/docs/lawreport/consultation/biiclstudy-soundimage_en.pdf (expert report that substantiates the European Commission's report).
[267] United Kingdom Data Protection Commission, CCTV Code of Practice, July 2000, available at http://www.dataprotection.gov.uk/dpr/dpdoc.nsf/ed1e7ff5aa6def30802566360045bf4d/db76232b37b5bb648025691900413c9d?OpenDocument.
[268] Hellenic Republic Data Protection Authority, Directive On Closed Circuit Television Systems, September 29, 2000.
[269] Charles Mandel, "Security Cams not OK in Canada?," Wired News, April 16, 2002 http://www.wired.com/news/politics/0,1283,51821,00.html.
[270] A British Columbia court dismissed the suit in June 2003, ruling that the Commissioner had exceeded his authority in bringing the action. See "Privacy Challenge Tossed out by Courts," Canada.com http://www.canada.com/vancouver/news/story.asp?id=1AA08491-0B8A-4C02-AFB2-D26B6401950A (Decision available at http://www.courts.gov.bc.ca/jdb%2Dtxt/sc/03/08/2003bcsc0862.htm.
[271] See Privacy vs. Security: Electronic Surveillance in the Nation's Capital
http://www.dcwatch.com/issues/privacy.htm (US Congress hearing of March 2002); see also Adam Clymer, "Big Brother vs. Terrorist in Spy Camera Debate," New York Times, June 19, 2002, available at http://www.nytimes.com/2002/06/19/national/19PRIV.html (on the DC Council hearing of June 2003).
[272] See generally EPIC's Video Surveillance web page http://www.epic.org/privacy/surveillance/. The federal agency of the National Park Service has also recently released guidelines in response to a March 2002 United States Congress hearing. See "Controversy Grows over Police Video Surveillance," CNSNews.com, March 22, 2002, available at http://www.townhall.com/news/politics/200203/CUL20020322b.shtml; guidelines available at http://www.epic.org/privacy/surveillance/uspp-cctv_policy-070903.pdf.
[273] See Associated Press, "Police Set Policy on Photos, Taping," Boston Herald, May 19, 2002, available at http://www2.bostonherald.com/news/local_regional/ap_photo05192002.htm (Worcester, Massachusetts).
[274] See On the Threshold to Urban Panopticon? Analysing the Employment of CCTV in European Cities and Assessing its Social and Political Impacts, a four-year European Commission funded project, available at http://www.urbaneye.net.
[275] See Michael McCahill & Clive Norris, Literature Review, Urbaneye Working Paper No. 2, March 2002, available at http://www.urbaneye.net.
[276] The Home Office study assesses the effectiveness of CCTV in three settings, center city areas and public housing, public transportation, and parking lots and garages. The report concludes that CCTV generally reduces crime to a small degree and has had no beneficial effect on crime in the US. However, it categorizes the findings depending on the settings, with a "very small" or "negligible beneficial effect on crime" in center city areas and public housing; "conflicting evidence of effectiveness" in public transportation; and "statistically significant reduction in crime of about forty-one percent" in parking lots and garages. The study also notes that other measures (improved lighting, painting, fencing, payment schemes, notices about CCTV, and security personnel) were in operation at the same time as CCTV. The report has also found out that CCTV had no effect on violent crimes, but had a significant desirable effect on vehicle crimes. Brandon C. Welsh & David P. Farrington, Crime Prevention Effects of Closed Circuit Television: A Systematic Review, supra.
[277] "CCTV not a crime prevention cure-all, says report," NACRO, June 28 2002, available at http://www.nacro.org.uk/templates/news/newsItem.cfm/2002062800.htm.
[278] Michael McCahill & Clive Norris, CCTV in Britain, Working Paper No. 3, Urbaneye Project, Centre for Criminology and Criminal Justice, University of Hull, March 2002, available at http://www.urbaneye.net.
[279] The Scottish Centre for Criminology, Crime Prevention Publications, available at http://www.scotcrim.u-net.com/researchc.htm; and, Al Webb, "'Spy' Cameras vs Villains in Britain," UPI. March 8, 2002.
[280] Bruce Andrews, "Here's Looking at You," Australian Center for Independent Journalism, April 2002 http://www.reportage.uts.edu.au/stories/2002/social/cctv_24042002.html.
[281] In particular, the federal agency of the National Park Service and the Metropolitan Police Department of the District of Columbia.
[282] Video Surveillance - Information on Law Enforcement's Use of Closed-Circuit Television to Monitor Selected Federal Property in Washington, D.C., GAO 03-748, June 2003, available at http://www.gao.gov/new.items/d03748.pdf.
[283] See generally Privacy International, CCTV Pages, http://www.privacyinternational.org/issues/cctv/index.html; "Watching Them, Watching Us," United Kingdom CCTV Surveillance Regulation Campaign http://www.spy.org.uk/; EPIC's Video Surveillance web page http://www.epic.org/privacy/surveillance.
[284] In Washington, DC (see EPIC, Observing Surveillance Project homepage http://www.observingsurveillance.org); Vilnius (the Surveillance Camera Players Lithuania homepage http://www.cameraplayers.tk/; New York City (the Surveillance Camera Players homepage http://www.notbored.org/the-scp.html); Stockholm http://sot.smufsa.nu/index.html; Amsterdam http://www.spotthecam.nl; Bologna http://www.notbored.org/bologna-scp.html; Munich http://www.dergrossebruder.net/main.php?id=30000; Budapest http://hu.bigbrotherawards.org/camera/megfigyeles.htm).
[285] EPIC, Observing Surveillance http://www.observingsurveillance.org.
[286] World Sousveillance Day's homepage http://wearcam.org/wsd.htm.
[287] See John Markoff, "Technology Gives Sight to Machines, Inexpensively," New York Times, June 17, 2002 http://www.nytimes.com/2002/06/17/technology/17VISI.html.
[288] Ivan Amato. "Beyond X-ray Vision: Can Big Brother see right through your clothes?" Discover Volume 23 No. 7 (July 2002) http://www.discover.com/july_02/feattechapter.html.
[289] See United States Defense Department's Human ID at a Distance Project http://www.darpa.mil/iao/HID.htm; Kari L. Dean, "Smartcams Take Aim at Terrorists," Wired, June 4, 2003, http://www.wired.com/news/technology/0,1282,59092,00.html; Seth Schiesel, "Security Cameras Now Learn to React," New York Times, March 6, 2003, available at http://www.nytimes.com/2003/03/06/technology/circuits/06secu.html.
[290] See Dennis K. Berman, "Will Cameras-Phones Be Used to Humiliate Ordinary People?," The Wall Street Journal, June 2, 2003.
[291] See Elisa Batista, "New Privacy Menace: Cell Phones?," Wired News, February 17, 2003 http://www.wired.com/news/business/0,1367,57692,00.html; Sarah Marcisz, "Digital Advances Bring Privacy Concerns," The Washington Times, February 10, 2003, available at http://www.washtimes.com/culture/20030210-99696823.htm.
[292] See Dean E. Murphy, "As Security Cameras Sprout, Someone's Always Watching," New York Times, September 29, 2002, available at http://www.nytimes.com/2002/09/29/technology/29TAPE.html; Jane Prendergast, "They Log On, Look Out with Web Crime Cams. Citizens on Cyber Patrol," The Cincinnati Enquirer, June 17, 2003, available at http://www.enquirer.com/editions/2003/06/17/loc_wwwloc1bcyber17.html; Liza Porteus, "Cincinnati Residents Try High-Tech Crime Stopping," Fox News, July 15, 2003, http://www.foxnews.com/story/0,2933,91885,00.html.
[293] See Bill Clements, "Brother's Corporate Sponsor," CityPages, June 18, 2003, available at http://www.citypages.com/databank/24/1176/article11318.asp.
[294] See Jeffrey Selingo, "Online, All the Time, An All-Seeing Surveillance System," New York Times, April 24, 2003, available at http://www.nytimes.com/2003/04/24/technology/circuits/24howw.html?tntemail1=&pagewanted=print&position=.
[295] See Elisa Batista, "Videocams Record Airline Flights," Wired News, http://www.wired.com/news/business/0,1367,59652,00.html; Lisa Stark, "Airline to Be First to Install Cameras on Planes," ABC News, March 30, 2002, available at http://abcnews.go.com/sections/wnt/DailyNews/jetblue_cameras020330.html.
[296] See Katie Hafner, "Where the Hall Monitor Is a Webcam," New York Times, February 27, 2003 http://www.nytimes.com/2003/02/27/technology/circuits/27scho.html.
[297] For more information, see EPIC's Face Recognition page http://www.epic.org/privacy/facerecognition/.
[298] "Games Notebook," The Ottawa Citizen, February 10, 2002.
[299] Declan McCullagh & Robert Zarate, "Scanning Tech a Blurry Picture", Wired News, February 16, 2002, available at http://www.wired.com/news/print/0,1294,50470,00.html.
[300] American Civil Liberties Union Press Release, "Data on Face-Recognition Test at Palm Beach Airport Further Demonstrates Systems' Fatal Flaws," May 14, 2002, available at http://www.aclu.org/news/2002/n051402b.html.
[301] Hiawatha Bray, "'Face Testing' at Logan is Found Lacking," Boston Globe, July 17, 2002, available at http://www.boston.com/dailyglobe2/198/metro/_Face_testing_at_Logan_is_found_lacking+.shtml.
[302] See Testimony of EPIC Executive Director Marc Rotenberg before DC City Council, June 2002 http://www.epic.org/privacy/surveillance/testimony_061302.html.
[303] See http://www.spaceimaging.com/.
[304] See, e.g, Federation of American Scientists, Dimona Photographic Interpretation Report, available at http://www.fas.org/nuke/guide/israel/facility/dimona_pir.html.
[305] Id.
[306] "Spy Satellites: the Next Leap Forward," International Defense Review, January 1, 1997.
[307] "Boeing to build new United States satellites," Jane's Defense Weekly, September 15, 1999.
[308] See the Federal Trade Commission Spam Workshop http://www.ftc.gov/bcp/workshops/spam/index.html.
[309] For more information on spam generally and how to reduce it see http://www.junkbusters.com and http://www.cauce.org/.
[310] European Commission, Unsolicited Commercial Communications and Data Protection, January 2001 available at http://europa.eu.int/comm/internal_market/en/dataprot/studies/spam.htm.
[311] http://register.consilium.eu.int/pdf/en/02/st03/03636en2.pdf.
[312] Toru Takahashi, "Two new laws aimed at cutting spam," Daily Yomiuri (Japan), July 2, 2002 http://www.yomiuri.co.jp/newse/20020702wo32.htm.
[313] For more information on Web bugs visit the Privacy Foundation web site http://www.privacyfoundation.net/resources/webbug.asp and Computerbytesman, "Web Bug Search Page," available at http://www.computerbytesman.com/privacy/wbfind.htm.
[314] See EPIC's Profiling page http://www.epic.org/privacy/profiling/.
[315] Electronic Privacy Information Center (EPIC) and Junkbusters. "Network Advertising Initiative: Principles not Privacy," July 28, 2000, available at http://www.epic.org/privacy/internet/NAI_analysis.html.
[316] Including MyAddress, MyProfile, MyContacts, MyNotifications, MyInbox, MyCalendar, MyDocuments, MyApplicationSettings, MyWallet, MyUsage, and MyLocation.
[317] European Union Article 29 Data Protection Working Group, "First orientations of the Article 29 Working Party Concerning Online Authentication Services," July 2, 2002, available at http://www.epic.org/redirect/eu_redirect.html.
[318] European Union Working Group Document - Article 29, "On-line Authentication Services," (WP 68) January 29, 2003, available at http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2003/wp68_en.pdf.
[319] See Project Liberty Homepage http://www.projectliberty.org/.
[320] See EPIC's Project Liberty web page http://www.epic.org/privacy/authentication/projectliberty.html.
[321] See, e.g., Eric Murray, "SSL Server Security Survey," July 31, 2000 showing that encryption on most e- commerce sites is inadequate, available at http://www.meer.net/~ericm/papers/ssl_servers.html.
[322] "Lawsuit accuses TriWest Healthcare of negligence," Arizona Republic, January 30, 2002.
[323] "Sensitive Kaiser E-Mails Go Astray," Washington Post, August 10, 2000.
[324] "Prozac Maker Reveals Patient E-Mail Addresses," Washington Post, July 4, 2001, at E01.
[325] "Just How Trusty is Truste," Wired, April 9, 2002 http://www.wired.com/news/exec/0,1370,51624,00.html.
[326] Forrester Research Inc, "Privacy Wake-Up Call," September 1, 1999.
[327] See http://www.gnupg.org/.
[328] See generally André Bacard, "Anonymous Remailer FAQ" http://www.andrebacard.com/remail.html.
[329] See http://www.anonymizer.com.
[330] Declan McCullagh, "SafeWeb's Holes Contradict Claims," Wired News, February 12, 2002, available at http://www.wired.com/news/politics/0,1283,50371,00.html.
[331] Sam Costello, "Network Associates Abandons Search for PGP Buyer, Axes 18," IDG News Service, March 6, 2002 http://www.nwfusion.com/news/2002/0306naipgp.html.
[332] Homepage http://www.pgpi.com/.
[333] Homepage http://www.privaterra.com.
[334] http://www.hacktivismo.com.
[335] The word steganography literally means "covered writing" as derived from Greek. It includes a vast array of methods of secret communications that conceal the very existence of the message such as invisible inks, microdots, character arrangement, and digital signatures.
[336] Eric Auchard, "Hacker Group Targets Countries that Censor Internet," Reuters, July 14, 2002.
[337] http://www26.americanexpress.com/privatepayments/info_page.jsp?pers_home=shoppvtpaymts.
[338] See Private Payments FAQ http://www26.americanexpress.com/privatepayments/faq.jsp.
[339] Herbert Burkert, "Privacy-Enhancing Technologies: Typology, Critique, Vision" in Philip Agre and Marc Rotenberg, eds, Technology and Privacy: The New Landscape 125 (MIT Press 1997).
[340] See EPIC and Junkbusters, "Pretty Poor Privacy: An Assessment of P3P and Internet Privacy," June 2000 http://www.epic.org/reports/prettypoorprivacy.html; EPIC, "Why is P3P Not a PET?" November 2002 http://www.epic.org/reports/p3pnotpet.pdf.
[341] For current information on the development of ENUM, see, e.g., http://www.enum-forum.org/ and EPIC's ENUM page http://www.epic.org/privacy/enum/.
[342] John Stermer, "Radio Frequency ID: A New Era for Marketers?," Consumer Insight magazine, Winter 2001 http://www.acnielsen.com/pubs/ci/2001/q4/features/radio.htm.
[343] Id.
[344] Claudia H. Deutsch & Barnaby J. Feder, "A Radio Chip in Every Consumer Product," New York Times, February 25, 2003, available at http://nytimes.com/2003/02/25/technology/25THEF.html.
[345] Jane Black, "Playing Tag with Shoppers' Anonymity," Business Week Online, July 21, 2003 http://www.businessweek.com/technology/content/jul2003/tc20030721_8408_tc073.htm.
[346] "Microsoft to Develop Software for Radio Tags," Reuters, June 10, 2003 http://asia.reuters.com/newsArticle.jhtml?type=technologyNews&storyID=2905169.
[347] "Gillette Pioneers Breakthrough Technology," Yahoo Business Wire, January 6, 2003 http://biz.yahoo.com/bw/030106/62365_1.html.
[348] Id.
[349] Alorie Gilbert & Richard Shim, "Wal-Mart Cancels 'Smart Shelf' Trial," CNET News.com, July 9, 2003 http://news.com.com/2100-1019_3-1023934.html?tag=fd_lede1_hed.
[350] Winston Chai & Richard Shim, "Benetton Takes Stock of Chip Plan," CNET News.com, April 7, 2003 http://news.com.com/2100-1020-995744.html?tag=fd_top.
[351] "Radio Frequency ID Technology Introduced by VTLS," Access, June 2001 http://www.igroupnet.com/access/number37/othernews07.cfm.
[352] "Michelin to Embed Electronic ID Tags in Tires," Reuters, January 14, 2003 http://www.reuters.com/newsArticle.jhtml?type=technologyNews&storyID=2045403.
[353] Junko Yoshida, "Euro Bank Notes to Embed RFID Chips by 2005," EE Times, December 19, 2001 http://www.eetimes.com/story/OEG20011219S0016.
[354] Id.
[355] Id.
[356] Paul Hoskins, "Retail Future: Painless Checkout, Knowing Scanners," Forbes, May 14, 2003, available at http://www.forbes.com/home_europe/newswire/2003/05/14/rtr970418.html.
[357] "Intellident Selected by Marks & Spencer to Tag 350 Million Items of Clothes," Intellident, 2003 http://www.intellident.co.uk/Press/PressReleases/1051624519.
[358] Id.
[359] Winston Chai, "Japan: Shopping Habits Tracked by RFID," CNETAsia, May 9, 2003 http://asia.cnet.com/newstech/systems/0,39001153,39129324,00.htm.
[360] Ben Nadarajan, "New System Offers Faster Contact Tracing," The Strait Times, May 6, 2003 http://straitstimes.asia1.com.sg/sars/story/0,4395,187218,00.html.
[361] Id.
[362] Id.
[363] "Opposition to RFID Tracking Grows," RFID Journal, Jan. 20, 2003 http://www.rfidjournal.com/article/articleview/275/1/1/.
[364] CASPIAN, "RFID Site Security Gaffe Uncovered by Consumer Group," July 7, 2003 http://www.nocards.org/press/pressrelease07-07-03_1.shtml.
[365] Id.
[366] CASPIAN, "RFID Right to Know Act of 2003," http://www.nocards.org/rfid/rfidbill.shtml.
[367] CASPIAN, "Consumer Group Unveils RFID Labeling Legislation," June 11, 2003 http://www.nocards.org/press/pressrelease06-11-03.shtml.
[368] Daniel J. Solove, Access and Aggregation: Public Records, Privacy, and the Constitution, 86 Minnesota Law Review 6 (2002).
[369] "Firms Dig Deep Into Workers' Pasts Amid Post-Sept. 11 Security Anxiety," Wall Street Journal, March 12, 2002.
[370] "If the FBI Hopes to Get the Goods on You, It May Ask ChoicePoint," Wall Street Journal, April 13, 2001.
[371] See ChoicePoint FBI http://www.cpfbi.com; ChoicePoint DEA http://www.cpdea.com; ChoicePoint Government http://www.cpgov.com.
[372] Documents available at http://www.epic.org/privacy/publicrecords/inschoicepoint.pdf.
[373] See EPIC's DRM page http://www.epic.org/privacy/drm/.
[374] InTether Point to Point Product Page http://www.infraworks.com/p2p.html.
[375] Julie Cohen, A Right to Read Anonymously: A Closer Look at "Copyright Management" in Cyberspace, 28 Connecticut Law Review 981 (1996).
[376] Dawn C. Chmielewski, "Stealth Software Robot Puts Bootleggers on Notice," San Jose Mercury News http://www.chicagotribune.com/business/printedition/article/0,2669,SAV-0103190188,FF.html.
[377] More information and the final report of the workshop are available at http://europa.eu.int/information_society/topics/multi/digital_rights/events/index_en.htm.
[378] See EPIC's Comments to the Department of Commerce http://www.epic.org/privacy/drm/tadrmcomments7.17.02.html.
[379] See http://www.law.berkeley.edu/institutes/bclt/.
[380] See EPIC's Palladium page http://www.epic.org/privacy/consumer/microsoft/palladium.html.
[381] EPIC comments in the Matter of Digital Broadcast Copy Protection, MB Docket No. 02-230, December 6, 2002 http://www.epic.org/privacy/drm/broadcastflagcomments.html.
[382] David Carney, "Microsoft and AOL Time Warner Settle Antitrust Lawsuit," Tech Law Journal, May 29, 2003, http://www.techlawjournal.com/topstories/2003/20030529.asp.
[383] Licensing Of Trusted Third Parties For The Provision Of Encryption Services Public Consultation Paper on Detailed Proposals for Legislation, Department of Trade and Industry (1997); available at http://www.fipr.org/polarch/ttp.html.
[384] Building Confidence in Electronic Commerce - A Consultation Document, Department of Trade and Industry (1999); available at http://www.dti.gov.uk/cii/ecommerce/ukecommercestrategy/archiveconsultationdocs/introduction.shtml.
[385] Glossary of IT Security Terminology, SC 27 Standing Document no 6, ISO/IEC JTC 1/SC 27, Doc. No.: SC 27 N 1954, March 5, 1998.
[386] Building Trust and Confidence in Electronic Commerce: A Framework for Electronic Authentication, Industry Canada (2000) http://e-com.ic.gc.ca/english/documents/framework.pdf.
[387] "Are You Who You Say You Are?" Wired News, March 31, 1999.
[388] Internet Security Glossary, RFC 2828, IETF Network Working Group, May 2000 http://www.ietf.org/rfc/rfc2828.txt.
[389] Communiqué Annex: Principles and Action Plan To Combat High-Tech Crime, G7 meeting of Justice and Interior Ministers, Washington DC, December 10, 1997 http://www.g8summit.gov.uk/prebham/washington.1297.shtml.
[390] http://www.dotforce.org/reports/it1.html.
[391] Austin Hill & Gus Hosein, The Privacy Risks of Public Key Infrastructures, presented at the 21st Data Protection Commissioners Conference, Hong Kong, September, 1999.
[392] Stefan Brands, Gus Hosein, & Stephanie Perrin, Privacy Increases Smartcard Security, presented at the 22nd Data Protection Commissioners Conference, Venice, Italy, September 2000.
[393] See generally EPIC's Passport Page http://www.epic.org/privacy/consumer/microsoft/.
[394] http://www.microsoft.com/presspass/legal/apr02/04-22ntranscriptam.asp.
[395] Stefan Brands, Rethinking Public Key Infrastructures and Digital Certificates; Building in Privacy (MIT Press August 2000). Excerpts available at www.credentica.com/technology/book.html.
[396] State of the Domain, First Quarter 2003, May 13, 2003, https://www.sotd.info/sotd/content/documents/SOTDQ103.pdf.
[397] Comments of the Public Interest Registry on the Final Report on Whois Accuracy and Bulk Access of the Whois Task Force of the Generic Names Supporting Organization (hereinafter PIR Comments on WHOIS) available at http://gnso.icann.org/dnso/dnsocomments/comments-whois/Arc03/pdf00000.pdf.
[398] See generally The Internet Corporation for Assigned Names and Numbers homepage http://www.icann.org/.
[399] The Internet Corporation for Assigned Names and Numbers, Registrar Accreditation Agreement http://www.icann.org/registrars/ra-agreement-17may01.htm.
[400] Milton Mueller, Ruling the Root 235 (MIT Press 2002).
[401] PIR Comments on WHOIS, supra.
[402] EPIC, Privacy Issues Report: The Creation of A New Task Force Is Necessary for an Adequate Resolution of the Privacy Issues Associated with WHOIS, March 10, 2003 http://www.epic.org/privacy/whois/privacy_issues_report.pdf.
[403] The Internet Corporation for Assigned Names and Numbers, Registrar Accreditation Agreement, http://www.icann.org/registrars/ra-agreement-17may01.htm and The Internet Corporation for Assigned Names and Numbers, WHOIS Data Reminder Policy, Advisory on June 16, 2003, http://www.icann.org/announcements/advisory-16jun03.htm.
[404] EPIC Issues Report, supra, and Comments of the Public Interest Registry, supra.
[405] Id.
[406] International Working Group on Data Protection in Telecommunications, "Common Position on Privacy and Data Protection Aspects of the Registration of Domain Names on the Internet," May 4-5, 2000 http://www.datenschutz-berlin.de/doc/int/iwgdpt/dns_en.htm#TOP; The Article 29 Data Protection Working Party, Opinion 2/2003 on the Application of the Data Protection Principles to the Whois Directories, June 13, 2003, available at http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2003/wp76_en.pdf; EPIC, "Privacy Issues Report: The Creation of A New Task Force Is Necessary for an Adequate Resolution of the Privacy Issues Associated with WHOIS, March 10, 2003 http://www.epic.org/privacy/whois/privacy_issues_report.pdf.
[407] The Internet Corporation for Assigned Names and Numbers, ICANN Board Meeting in Montréal Real-Time Captioning, June 26, 2003, http://www.icann.org/montreal/captioning-board-meeting-26jun03.htm and WHOIS Steering Committee Mailing Archives, posting by Acting Chair, June 25, 2003, http://www.dnso.org/clubpublic/whois-sc/Arc00/msg00007.html.
[408] WHOIS Steering Committee Mailing Archives, posting by Acting Chair, June 25, 2003, http://www.dnso.org/clubpublic/whois-sc/Arc00/msg00007.html.
[409] See generally EPIC's WHOIS web page http://www.epic.org/privacy/whois/.
[410] The Canadian Internet Registration Authority, FAQ on Becoming a Registrar, http://www.cira.ca/en/faq-menu4.html.
[411] L. J. Davis, The Billionaire Shell Game: How Cable Baron John Malone and Assorted Corporate Titans Invented a Future Nobody Wanted (1998).
[412] See David Burke, Spy TV (Slab-O-Concrete Press 1999), available at http://www.spyinteractive.com/spyinteractive/.
[413] Cited in Privacy Journal, October 1999.
[414] Paramount Pictures Corp., et al. v. ReplayTV, Inc. and SONICblue, Inc., United States District Court, Central District of California, Case No. 01-09358 FMC (Ex). See EPIC's page on this case at http://www.epic.org/litigation/replaytv/.
[415] E.g., Microsoft Xbox Live system and Sony PlayStation 2 online access module.
[416] While Microsoft's Xbox Live is already commercialized since the end of 2002, Sony PlayStaion 2 online access module is currently in launching phase.
[417] "From Maps to Medicine: About the Human Genome Research Project," National Human Genome Research Institute, http://www.nhgri.nih.gov:80/Policy_and_public_affairs/Communications/Publications/Maps_to_medicine/about.html
[418] Leroy Hood and Lee Rowen, "Genes, Genomes, and Society," Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era, Edited by Mark A. Rothstein 27 (Yale University Press 1997).
[419] Id.
[420] Peter McGuffin, Brien Riley, Robert Plomin, "Genomics and Behavior: Toward Behaviorial Genomics," Science 291 (5507): 1232, available at http://www.sciencemag.org/cgi/content/full/291/5507/1232.
[421] Leena Peltonen and Victor A. McKusick, "Genomics and Medicine: Dissecting Human Disease in the Postgenomic Era," Science 291 (5507): 1224, available at http://www.sciencemag.org/cgi/content/full/291/5507/1224.
[422] Genome Landmark, Science http://www.sciencemag.org/feature/data/genomes/landmark.shl.
[423] James M. Jeffords and Tom Daschle, "Policy Issues: Political Issues in the Genome Era," Science 291 (5507): 1249, available at http://www.sciencemag.org/cgi/content/full/291/5507/1249.
[424] Public Attitudes Toward Medical Privacy, conducted by the Gallup Poll for the Institute for Health Freedom, September 2000, available at http://www.forhealthfreedom.org/Gallupsurvey/IHF-Gallup.html.
[425] Testimony of Francis S. Collins, M.D., Ph.D., Director, National Human Genome Research Institute, National Institutes of Health, Testimony Before the Health, Education, Labor, and Pensions Committee, United States Senate, Hearing on Genetic Information in the Workplace, July 20, 2000, available at http://labor.senate.gov/Hearings/july00hrg/072000wt/072000jmj/collins720/collins720.htm.
[426] Simson Garfinkel, Database Nation: The Death of Privacy in the 21st Century 49 (O'Reilly 2000).
[427] Rebecca Pollard, "Crime Genes: A DNA Mismatch Raises Fears," ABCNews.com, June 19, 2000 http://abcnews.go.com/sections/tech/MITTechReview/techreview000608.html; Richard Willing, "Mismatch calls DNA tests into question," USA Today, February 8, 2000.
[428] Richard Willing, "Criminals try to outwit DNA," USA Today, August 28, 2000.
[429] Richard Willing, "Police expand DNA use: Charge man with rape using only genetic profile," USA Today, October 25, 2000.
[430] Michael Luo, "Unnamed Man Indicted by DNA: Suffolk DA Charges Suspect in 6 South Shore Rapes," Newsday, August 9, 2000.
[431] Bruce Hight, "DNA Can Carry Conviction," Austin-American Statesman, April 14, 2000.
[432] Cardozo Law Innocence Project http://www.cardozo.yu.edu/innocence_project/.
[433] Frank J. Remington Center, Innocence Project http://www.law.wisc.edu/FJR/innocence/; Innocence Project Northwest http://www.law.washington.edu/ipnw/; Northern California Innocence Project http://www.scu.edu/scu/law/clinic/Special_Projects/Innocence_Project/innocence_project.html.
[434] Testimony of Barry Steinhardt, Associate Director of the American Civil Liberties Union, Before the House Judiciary Committee, Subcommittee on Crime, March 23, 2000, available at http://www.aclu.org/congress/l032300a.html.
[435] FBI Press Room, Press Release, October 13, 1998, DNA Index, available at http://www.fbi.gov/pressrel/pressrel98/dna.htm.
[436] Richard Willing, "White House Seeks to Expand DNA Database," USA Today, April 15, 2003.
[437] Id.
[438] "New doubts over DNA register," The Guardian, September 2, 2000, available at http://www.guardian.co.uk/Print/0,3858,4058441,00.html; Melissa Kite and Richard Ford, "Blair orders DNA register of criminals," The Times, September 1, 2000.
[439] "Concern over proposed DNA databases," Australian Broadcasting Corporation (ABC) Online, January 24, 2000 http://www.abc.net.au/worldtoday/s95485.htm; Stewart Taggart, "DNA Testing Furor in Wee Waa," Wired News, April 18, 2000 http://www.wired.com/news/print/0,1294,35727,00.html.
[440] "Call to take DNA from newborn babies to fight crime," Independent News, April 25, 2001 http://news.independent.co.uk/world/australasia/story.jsp?story=68669.
[441] "Will DNA identification end Unknown Soldier tradition?" Associated Press, May 29, 1998 http://www.onlineathens.com/1998/052998/0529.a3soldier.html.
[442] Neil A. Lewis, "2 Marines who Refused to Comply with Genetic-testing Order Face a Court-Martial," The New York Times, April 13, 1996.
[443] Genelex: The Paternity DNA Testing Site, "Chapter 4: DNA in Parentage Testing, Updated for the Web Edition," April 2000 http://www.genelex.com/paternitytesting/paternitybook4.html.
[444] DNAnow.com, "Frequently Asked Questions," http://www.dnanow.com/faq.html.
[445] Lisa M. Krieger, "Genetic testing leaps ahead of social implications," San Jose Mercury News, July 3, 2001 http://www.siliconvalley.com/docs/news/depth/gene070301.htm.
[446] Margaret M. McGovern, MD, PhD; Marta O. Benach; Sylvan Wallenstein; Robert J. Desnick, PhD, MD; Richard Keenlyside, MD, MS, "Quality Assurance in Molecular Genetic Testing Laboratories," Journal of the American Medical Association, Volume 281 No. 9, March 3, 1999, at 835-40 http://jama.ama-assn.org/issues/v281n9/abs/jto90000.html.
[447] See, e.g., Iceland Act on Bio Banks.
[448] Office of Technology Assessment (OTA): Genetic monitoring and screening in the workplace, OTA-BA-455 (Washington, United States Government Printing Office, October 1990), p. 13. (As cited in Conditions of Work Digest, "Workers' privacy III: Testing in the workplace," (International Labour Office 1993), at 66.)
[449] See Margaret R. McLean, " When What We Know Outstrips What We Can Do," Markkula Center for Applied Ethics, Issues in Ethics - V. 9, N. 2, available at http://www.scu.edu/SCU/Centers/Ethics/publications/iie/v9n2/outstrips.html; Sally Lehrman, "Predictive Genetic Testing: Do You Really Want to Know Your Future?" The DNA Files, November 1998, available at http://www.dnafiles.org/about/pgm4/topic.html.
[450] United States Congress, Office of Technology Assessment, Genetic Monitoring and Screening in the Workplace 44-45 (1990); Are Your Genes Right for Your Job? 3 Cal Law 25, 27 (May 1983). (As cited in Employee Privacy Law, ed. L. Camille Hébert, (West Group 2000) § 12:03.)
[451] United States Congress, Office of Technology Assessment, The Role of Genetic Testing in the Prevention of Occupational Diseases 33-35 (1983); United States Congress, Office of Technology Assessment, Genetic Monitoring and Screening in the Workplace 173-177 (1990).
[452] Dana Hawkins, "A bloody mess at one federal lab: Officials may have secretly checked staff for syphilis, pregnancy, and sickle cell," United States News and World Report, June 23, 1997.
[453] Even more shocking was the practice of the research facility to test certain minority employees for particular traits. For example, while all new hires were tested for syphilis, only African-American and Latino employees were re-tested during subsequent medical examinations. Only one Caucasian employee was repeatedly tested for syphilis; he was married to an African-American woman. African-American employees were also repeatedly tested for sickle cell anemia although one test is normally sufficient.
[454] Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260, 1269-70 (9th Cir. 1996). See also L. Camille Hébert, Employee Privacy Law § 12.07 (West Group 2000); "Court declares right to genetic privacy," United States News and World Report, February 16, 1998 http://www.usnews.com/usnews/issue/980216/16upda.htm.
[455] Dana Hawkins, "The dark side of genetic testing: Railroad workers allege secret sampling," United States News, February 19, 2001.
[456] Melissa Kite, "Insurance firm admits using genetic screening," The Times, February 8, 2001.
[457] T. R. Reid, "Britain Moves to Ban Insurance Gene Tests," The Washington Post, April 30, 2001.
[458] See Mark A. Rothstein, "Genetic Secrets: A Policy Framework," Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era, Edited by Mark A. Rothstein (Yale University Press 1997), at 469-70.
[459] European Parliament, "Resolution on the Ethical and Legal Problems of Genetic Engineering," OJ, No. C.96, April 17, 1989.
[460] Council of Europe, Committee of Ministers: Recommendation No. R(92)3 on Genetic Testing and Screening for Heath Care Purposes, Principle 6 (a) http://www.cm.coe.int/ta/rec/1992/92r3.htm.
[461] See International Labour Office, Conditions of Work Digest: Worker's Privacy Part II: Monitoring and Surveillance in the Workplace (1993) 12(1).
[462] WMA To Draw Up Health Database Guidelines, WMA Press Release, 8 May 2000, http://www.wma.net/e/press/00_11.html.
[463] United Nations Educational, Scientific and Cultural Organization (UNESCO), "Universal Declaration on the Human Genome and Human Rights," November 11, 1997 http://unesdoc.unesco.org/images/0010/001096/109687eb.pdf. Also see "Implementation of the Universal Declaration on the Human Genome and Human Rights: Report by the Director-General," September 22, 1999 http://unesdoc.unesco.org/images/0011/001173/117335e.pdf.
[464] See generally, International Labour Office, Conditions of Work Digest: Worker's Privacy Part III: Testing in the Workplace, (1993) 12(2).
[465] Pub. L. No. 101-335 (1990), codified at 42 United StatesC. §§ 1201.
[466] Mark A. Rothstein, Genetic Secrets: A Policy Framework 456.
[467] Executive Order 13145 - To Prohibit Discrimination in Federal Employment Based on Genetic Information, February 10, 2000, available at http://www.nara.gov/fedreg/eo2000.html#13145.
[468] For helpful overviews of workplace privacy issues, see generally the Electronic Privacy Information Center (EPIC)'s Workplace Privacy Page http://www.epic.org/privacy/workplace/; and Daniel J. Solove & Marc Rotenberg, Information Privacy Law (Aspen, 2003).
[469] Article 21, Charter of Fundamental Rights of the European Union http://ue.eu.int/df/docs/en/CharteEN.pdf.
[470] The Privacy Foundation, The Extent of Systematic Monitoring of Employee E-mail and Internet Use, July 9, 2001 http://www.sonic.net/~undoc/extent.htm.
[471] "Protection of workers' personal data," An ILO Code of Practice, Geneva, International Labour Office (1997).
[472] International Labour Office, Conditions of Work Digest: Worker's Privacy Part I: Protection of Personal Data 10 (2) (1991); Worker's Privacy Part II: Monitoring and Surveillance in the Workplace (1993) 12(1); and Worker's Privacy Part III: Testing in the Workplace, 12(2) (1993).
[473] The "Notice of Electronic Monitoring Act" (S.2898 and H.R.4908), introduced July 20, 2000.
[474] 429 U.S. 589 (1977).
[475] See "Data Protection at Work: Commission Proposes New EU framework to European Social Partners," European Commission (2002) http://europa.eu.int/comm/employment_social/news/2002/nov/181_en.html.
[476] Directive Concerning the Processing of Personal Data and the Protection of Privacy in the Telecommunications Sector (Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997), available at http://www2.echo.lu/legal/en/dataprot/protection.html.
[477] Data Protection Commissioner, Employment: (Draft COP), October 2000, available at http://www.dataprotection.gov.uk/dpr/dpdoc.nsf.
[478] Data Protection Commissioner, Employment: Part 1: Recruitment & Selection, Employment Practices, Data Protection Code, March 2002, available at http://wood.ccta.gov.uk/dpr/dpdoc.nsf - 25/02/99.
[479] "Data Protection: Employment Practices Data Protection Code on Employment Records," published, Freshfields Bruckhaus Deringer, October 2003, available at http://www.icclaw.com/devs/uk/ep/ukep_373.htm.
[480] The proposal (in Swedish with a summary in English) is available at http://naring.regeringen.se/propositioner_mm/sou/pdf/sou2002_18a.pdf.
[481] Data Protection Working Party - Article 29, Working Document on The Surveillance of Electronic Communications in the Workplace, 5401/01/EN/Final WP 55, May 29, 2002, available at http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2002/wp55_en.pdf.
[482] "Data Protection at Work: Commission Proposes New EU framework to European Social Partners," European Commission (2002) http://europa.eu.int/comm/employment_social/news/2002/nov/181_en.html.
[483] Id.
[484] Id.
[485] Privacy Commissioner for Personal Data, Draft Code of Practice on Monitoring and Personal Data Privacy at Work, (Hong Kong, PCO, 2002), available at http://www.pco.org.hk/english/ordinance/codes.html.
[486] Helene Zampetakis, "Email snooping almost banned," Information Technology News Service, June 26, 2001 http://it.mycareer.com.au/news/2001/06/26/FFXDJRS4DOC.html.
[487] O'Connor v. Ortega, 480 U.S. 709 (1987).
[488] Leventhal v. Knapek, 266 F.3d 64 (2d Cir. 2001).
[489] K-Mart Corp. v. Trotti, 677 S.W.2d 632 (Tex. Ct. App. 1984).
[490] Miller v. Motorola, Inc., 560 N.E.2d 900 (Ill. App. 1990).
[491] See 42 U.S.C. § 1983.
[492] 18 U.S.C. §§ 2510-2522.
[493] Thompson v. Johnson County Community College, 930 F. Supp. 501 (D. Kan. 1996).
[494] "Report 98, Surveillance: an interim report," Law Reform Commission Publications (2001) http://www.lawlink.nsw.gov.au/lrc.nsf/pages/r98chp07.
[495] Id.
[496] "Workplace Monitoring, Surveillance "Common,'" News From the Office of The Privacy Commissioner, Issue No. 30, Jan-Feb 1999 http://www.knowledge-basket.co.nz/privacy/semployf.html.
[497] American Management Association, Annual Survey on Workplace Monitoring and Surveillance 2001, April 18, 2001.
[498] ACLU, Workplace Rights, Electronic Monitoring http://www.aclu.org/library/pbr2.html.
[499] Laura Pincus Hartman, "The Economic and Ethical Implications of New Technology onPrivacy in the Workplace," Business and Society Review, March 22, 1999.
[500] "Monitoring Shrinks Worker Privacy Sphere," Eric Auchard, Reuters, May 29, 2001.
[501] "Bulkmatic Equips Fleet with OmniTRACS System," Qualcomm Press release, December 19, 1996. http://www.qualcomm.com/Press/pr961219c.html.
[502] Qualcomm Press release, December 19, 1996.
[503] Laura Pincus Hartman, "The Economic and Ethical Implications of New Technology on Privacy in the Workplace," Business and Society Review, March 22, 1999.
[504] Charles Pillar, "Bosses with X-Ray Eyes," MacWorld., July 1993.
[505] Simon Davies, "Watch out for the Old Bill," Daily Telegraph, April 29, 1997.
[506] See Privacy Foundation, The Extent of Systematic Monitoring of Employee E-mail and Internet Use, July 9, 2001 http://www.sonic.net/~undoc/extent.htm.
[507] See American Management Association, supra.
[508] 'Dow Chemical Fires Employees Over Inappropriate E-mails', ABCNEWS.com, July 27, 2000.
[509] "E-mail and Internet surveillance at the workplace," Extract from the 8th Annual Report, Swiss Federal Data Protection Commissioner (2001).
[510] Id.
[511] "A Draft Code of Practice on Monitoring and Personal Data Privacy at Work," Office of the Privacy Commissioner for Personal Data, June 1, 2002 http://www.pco.org.hk/textonly/english/ordinance/files/consult_paper.doc.
[512] Id.
[513] Nikon v. Onof, Decision No. 4164, October 2, 2001 (99-42.942).
[514] Smyth v. Pillsbury Co., 914 F. Supp. 97 (E.D. Pa. 1996).
[515] United States v. Simons, 206 F.3d 392 (4th Cir. 2000).
[516] Id.
[517] Behrouz Shahandeh & Joannah Caborn, "Ethical Issues in Workplace Drug Testing in Europe," SafeWork: ILO Geneva (February, 2003) http://www.ilo.org/public/english/protection/safework/drug/wdt.pdf.
[518] Id.
[519] Id.
[520] Id.
[521] Id.
[522] Id.
[523] Id.
[524] Skinner v. Railway Labor Executives' Association, 489 U.S. 602 (1989).
[525] Vernonia School District v. Acton, 515 U.S. 646 (1995).
[526] Ferguson v. City of Charleston, 532 U.S. 67 (2001).
[527] ACLU, "Drug Testing: A Bad Investment," September 1999 http://www.aclu.org/issues/worker/drugtesting1999.pdf (letter to the American Civil Liberties Union describing a workplace drug test).
[528] Ethan A. Nadelmann, "Drawing the Line on Drug Testing," IntellectualCapital.Com, October 14, 1999 http://www.lindesmith.org/library/ethan_drugtesting2.html.
[529] Information and Privacy Commissioner/Ontario, Workplace Privacy: The Need for a Safety-Net, November 1993. http://www.ipc.on.ca/english/pubpres/sum_pap/papers/safnet-e.htm.
[530] John P. Morgan, "Problems of Mass Urine Screening for Misused Drugs, "Journal of Psychoactive Drugs. Volume 16(4) 305-317 (1984) available at The Lindesmith Center - Drug Policy Foundation http://www.lindesmith.org/library/grmorg2.html.
[531] National Academy of Sciences, "Under the Influence? Drugs and the American Work Force," 1994. See also ACLU, "Drug Testing: A Bad Investment," September 1999. http://www.aclu.org/issues/worker/drugtesting1999.pdf.
[532] 29 U.S.C. §§ 2001-2009.
[533] Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998).
[534] American Federation of Government Employees v. HUD, 118 F.3d 786 (D.C. Cir. 1997).
[535] Proposals for the agenda of the 87th Session (1999) of the Conference, before the ILO Governing Body, GB.267/2, 267th Session, Geneva, November 1996 http://www.ilo.org/public/english/standards/relm/gb/docs/gb267/gb-2.htm.
[536] Id.