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Has anyone heard about H. R. 4127? IT's a Repub Personal Information

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Crazy Guggenheim Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-15-05 09:38 PM
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Has anyone heard about H. R. 4127? IT's a Repub Personal Information
Edited on Tue Nov-15-05 09:40 PM by Crazy Guggenheim
privacy bill. What a joke! Here's the link.

http://thomas.loc.gov/cgi-bin/query/query

A couple of choice sections: Bold mine.

Sec. 5.1

(1) BREACH OF SECURITY- The term `breach of security' means the unauthorized acquisition of data in electronic form containing personal information that establishes a reasonable basis to conclude that there is a significant risk of identity theft to the individual to whom the personal information relates. The encryption of such data, combined with appropriate safeguards of the keys necessary to enable decryption of such data, shall establish a presumption that no such reasonable basis exists. Any such presumption may be rebutted by facts demonstrating that the method of encryption has been or is likely to be compromised.

Note that it says "reasonable". What is that? But in the Definition of reasonable - Personal Information - it says:

Snip

(7) PERSONAL INFORMATION-

(A) DEFINITION- The term `personal information' means an individual's first and last name in combination with any 1 or more of the following data elements for that individual:

(i) Social Security number.

(ii) Driver's license number or other State identification number.

(iii) Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual's financial account.


(B) MODIFIED DEFINITION BY RULEMAKING- The Commission may, by rule, modify the definition of `personal information' under subparagraph (A) to the extent that such modification is necessary to accommodate changes in technology or practices, will not unreasonably impede interstate commerce, and will accomplish the purposes of this Act.

Snip

That's too much info!

In Section 6.b.1
snip

(1) IN GENERAL- No person other than the Attorney General of a State may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating any provision of this Act.
Snip

No one other than the State's AG!!

CNET is doing a number on it!

http://reviews.cnet.com/4520-3513-6381707-1.html
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Crazy Guggenheim Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-15-05 09:58 PM
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1. Bump.
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