Betty Ostergren has prevailed in the US District Court in Richmond. Ostergren sued the Attorney General of Virginia (Robert McDonnell) to block the new Virginia law that had been specifically crafted to prevent her from re-posting social security numbers on her website. She had been doing this to bring attention to the fact that the Virginia government was aiding identity thieves and was burying their head in the sand when the problem was pointed out to them.
I haven't had time to read the opinion (Link to PDF) in its entirety, but it appears the court agreed with her First Amendment argument that the state could not prevent her from republishing "public" information.
Will there be an appeal? Hopefully Virginia will just fix the problem that got us here in the first place: Posting SSNs on government websites.
Showing posts with label Federal Court. Show all posts
Showing posts with label Federal Court. Show all posts
Wednesday, August 27, 2008
Monday, June 30, 2008
"Ostergren's Law " Heads To Federal Court
The Virginia Law that was crafted to prevent Privacy advocate B.J. Ostergren from pointing out the gaping security hole in Virginia's public (i.e. government) websites is now moving to federal court.
Ostergren's lawyers filed a lawsuit to stop the new law before it goes into effect 7/1/2008. The new law will prohibit the dissemination of any SSNs posted on public websites. Ostergren's lawyers claim that if the government disseminates the information in a public forum, they cannot stop it's re-publication by citizens under the First Amendment.
Keep in mind, the SSN's are posted on public websites (usually tax websites, or court websites), because the state is too lazy to redact them. Ostergren is trying to force the state to either redact them or remove them from the web. Instead, in their infinite wisdom, the Virginia Legislature passed a law (now at issue) making it illegal to re-post the SSNs on another website which is what Ostergren had been doing to bring attention to this huge problem.
So rather than fix the problem, the legislature passed a law saying no one can talk about the problem. Brilliant.
Of course, as Virginia law is irrelevant outside the United States, the Russian mafia is still free to pull your SSN from a Virginia website (oh yes, the 'tubes' run all the way to Russia) and engage in massive identity theft. But the Virginia Legislature thinks if we all cover our eyes, nothing bad will happen. And you Virginia residents pay this think tank's salary. Now get back to work.
Ostergren's lawyers filed a lawsuit to stop the new law before it goes into effect 7/1/2008. The new law will prohibit the dissemination of any SSNs posted on public websites. Ostergren's lawyers claim that if the government disseminates the information in a public forum, they cannot stop it's re-publication by citizens under the First Amendment.
Keep in mind, the SSN's are posted on public websites (usually tax websites, or court websites), because the state is too lazy to redact them. Ostergren is trying to force the state to either redact them or remove them from the web. Instead, in their infinite wisdom, the Virginia Legislature passed a law (now at issue) making it illegal to re-post the SSNs on another website which is what Ostergren had been doing to bring attention to this huge problem.
So rather than fix the problem, the legislature passed a law saying no one can talk about the problem. Brilliant.
Of course, as Virginia law is irrelevant outside the United States, the Russian mafia is still free to pull your SSN from a Virginia website (oh yes, the 'tubes' run all the way to Russia) and engage in massive identity theft. But the Virginia Legislature thinks if we all cover our eyes, nothing bad will happen. And you Virginia residents pay this think tank's salary. Now get back to work.
Labels:
Federal Court,
Privacy,
Stupidity,
Virginia Legislature
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