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Daily Archives: August 6, 2003

Dept. of Education Proposed Rule on Student Data Privacy

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From the Federal Register, July 28, 2003:

  • Statute: The Family Educational Rights and Privacy Act FERPA provides that an agency or institution may not have a policy or practice of disclosing personally identifiable information from education records without the “written consent” of the parent or eligible student, subject to specified exceptions. 20 U.S.C. 1232g(b)(1).
  • Current Regulations: Regulations codified at 34 CFR 99.30 provide that written consent must be “signed and dated” and must specify the records to be disclosed, the purpose of the disclosure, and the party or class of parties to whom the disclosure may be made.
  • Proposed Regulations: Proposed Sec. 99.30(d) provides general guidelines for educational agencies and institutions that choose to meet the requirements of Sec. 99.30 with records and signatures in electronic format.
  • Reasons: The Department has received numerous inquiries whether some form of electronic consent and signature, including e-mail, satisfies FERPS’s written consent requirement.

    • Future of Federal E-Gov Programs in Doubt, But States Make Strides

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    On the Federal Side: The administrator of OMB’s Office of E-Government and Information Technology, Mark Forman, has announced plans to join the private sector, according to FCW.com. “Forman was the driving force behind the 24 e-gov initiatives and the enterprise architecture effort.” For related information, see P.L. 107-347, the E-Government Act of 2002, and my… Continue Reading

    Strong Opposition to UCITA Sounds its Demise?

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    “The Americans for Fair Electronic Commerce Transactions (AFFECT), the national coalition opposing the Uniform Computer Information Transactions Act (UCITA), applauds the decision of the National Conference of Commissioners on Uniform State Laws (NCCUSL) not to spend any additional resources in promoting state adoptions of UCITA. The proposed legislation has been the subject of considerable controversy… Continue Reading

    New Website on P2P Related Copyright Enforcement

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    Copywrongs.org is a new website launched August 5 by a non-profit group comprised of techno-experts who have been affiliated with projects at MIT. From the Mission Statement: “copywrongs.org is a clearinghouse and connection point for individuals who are the subjects of P2P-related copyright enforcement actions. We will do our best to provide services that help… Continue Reading

    Quartet of Articles on Gov’t Data Mining Programs

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    Mother Jones: From FBI and CIA headquarters to small-town police departments, the government is building a massive intelligence network designed to spy on terrorists — and on everyday Americans. Washington Post: U.S. Backs Florida’s New Counterterrorism Database – ‘Matrix’ Offers Law Agencies Faster Access to Americans’ Personal Records. Washington Post: Crossing Lines to Fight Terrorism… Continue Reading

    Expert Says CAPPS II Does Not Increase Passenger Safety

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    Airline Security’s False Hope?: An expert on aviation safety statistics says a new computer system to screen out terrorists may actually make things easier for them, by Arnold Barnett (reg. req’d). “The latest incarnation of security screening for our airports has many friends in high places. U.S. secretary of transportation Norman Mineta described it as… Continue Reading