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From: TS Glassey (tglasseyearthlink.net)
Date: Mon Sep 08 2008 - 16:44:08 CDT
This ruling totally missed that a SSN is actually a variant of a Trade Mark
and a Trade Secret. And it should be qualified as such. They are registered
marks issued by the Government with a specific set of uses, and well, the
court screwed up IMHO.
----- Original Message -----
From: "Henry Brown" <hbrownknology.net>
Sent: Wednesday, August 27, 2008 12:59 PM
Subject: [Dataloss] Fringe: legality of posting PII data in VA
> Judge lets privacy advocate keep Social Security numbers on Web site
> Can a state government prohibit an individual from posting Social
> Security numbers online that were easily and legally obtained from
> government Web sites?
> The answer, a federal judge in Virginia ruled last week, is a definite
> 'No,' at least for Betty "BJ" Ostergren, a privacy advocate who operates
> a Web site that posts Social Security numbers obtained from public
> records. Ostergren's postings are part of a campaign to show how easy it
> is to access very personal information on the Web.
> In a memorandum issued last Friday
> http://www.acluva.org/docket/pleadings/ostergren_opinion.pdf , Judge
> Robert Payne of the U.S. District Court for the Eastern District of
> Virginia ruled that it would be unconstitutional for the state of
> Virginia to force Ostergren to remove from her site Social Security
> numbers that she legally obtained from public records. A memorandum
> opinion does not create a legal precedent.
> Dataloss Mailing List (datalossattrition.org)
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