CA-PCGS-L Archives

From: Barbara Leak <>
Subject: [CA-PCGS] Fw: Legislation Report 1/02
Date: Sun, 06 Jan 2002 19:16:15 -0800

Below is a new legislative report from the Genealogical & Historical Council
of Sacramento Valley.

For clarification:
Council = Genealogical & Historical Council of Sac Valley
CSGA = California State Genealogical Alliance

Barbara

----- Original Message -----
From: "Iris Jones" <>
To: "Master List" <>; "G.A.S. List" <>
Cc: <>
Sent: Sunday, January 06, 2002 2:48 PM
Subject: (fwd) Legislation Report 1/02


On Sat, 05 Jan 2002 17:26:05 -0800, Iris Jones <> wrote:

LEGISLATIVE REPORT

January 2002 brings an even bigger emphasis on privacy and stolen
identity issues. The events of September 11, 2001 have brought these
issues into the foreground with a vengeance. Beginning with Senator
Speier's December announcement to area news media of the perceived
dangers of the California State Birth Records [Index] appearance
on Rootsweb. Rootsweb has pulled the Birth and Death Indexes of
California along with those of Texas. The Senator also called on the
Governor to stop the sale of the State Dept of Health Services CDs of
these indexes. The Governor issued an Executive Order directing the
Dept to suspend releasing birth and death records to private companies
for 45 days. During that period, the Dept. of Health Services shall
review the circumstances, if any, under which information contained in
the birth and death indices may be released to third parties to
compliance with applicable law. The Governor went on to say, "The
confidential information the state collects about Californians should
be kept private." Further, he said, "that the risk was too great that
unscrupulous people will use this information for identity theft, to
falsify records, or to invade our privacy in other ways. We will
comply with open records laws while, at the same time, protecting the
privacy of all Californians. . ."' This issue came to light just
before the holiday break when legislators offices were left with only
skeleton staffs here in Sacramento.

To date we have not been able to make contact with Senator Speier or
anyone at the Governor's office that could help us. In checking other
sources I was told that the legal issue the Governor mentions is being
reviewed by the State's Legal Dept. The Dept of Health Services, has
suspended the sale of the Index CDs, but assures us that persons
needing to access birth and death records may still do so at the State
and county level.

One issue both with Rootsweb as well as Senator Speier, is the
inclusion of the maiden names on the birth records index. Rootsweb was
inundated with irate calls from people who were upset that the maiden
names were included. As we know the maiden name of a mother is used as
one of the identifiers for banking and credit accounts.

At the time the indexes became available and put on the Internet,
officers of the CSGA and Council discussed the possible problems, and
decided that they were minor. The maiden name is only one identifier
used. My bank requires my account number, name, address including zip
code, area and phone number, the last four digits of my Social
Security number, my mothers maiden name, but because it is a joint
account, I had to also give my husband's mothers maiden name. While my
information including my mother's maiden name [if indeed, I had given
my mother's true maiden name when I opened that account] is on the
California Birth Records Index, I was born in California. My husband's
mother's maiden name does not, because he was not born in California.
Having said all that, to date there has been no record of this index
and the information on it having been misused. If the maiden
name is of such issue, where does that leave the children of the
thousands of California women like myself who have never given up
their maiden name. Mine appears along with my married name, on all my
stationery, business cards, not to mention dozens of places on the
Internet listing me on Boards and editorial staffs of organizations
and on the material I publish.

According to the Federal Trade Commission our state has the largest
number of stolen identity complaints in the nation. But in a item
published by the First Amendment Coalition, we read, "there has been
no evidence that bulk electronic access to vital statistics - by sale
or otherwise - is in fact a vector for criminal exploitation.
Correspondingly, both genealogists and investigative reporters
tracking patterns of medical and other abuses find databases of such
information indispensable. The perceived horrors are not always what
they seem." The article goes on to mention, " . . Social Security
numbers appearing in death records, for example, the Social Security
Administration itself sells CD ROM lists of numbers assigned to the
now deceased - precisely to allow the private sector to stay alert to
fraud. An open minded inquiry by the state into these and related
facts should act as a dampener on what so far seems to be little more
than negligent demagoguery.'

This brings up the issue of Social Security numbers. Senator Bowen in
an interview with Kevin Yamamura of the Bee Capitol Bureau outlined
her concerns on the issue of the misuse of Social Security numbers. As
we know they were only intended to be used for access to federal
benefits, but over time have been used extensively by health,
banking, credit and even private companies for identity purposes.
Federally, they are looking for ways to stem this practice. Senator
Bowen has a bill SB168 which will force businesses to change their
practice, requiring them by July of 2002 to stop printing Social
Security numbers on documents and identification cards for new
customers. It also would require medical providers to develop new
identifiers. School use of Social Security numbers is another
problem that needs to be addressed according to the Senator. Proposed
federal legislation would eliminate all uses of the Social Security
number except by the federal government. Resistance to changing the
use of Social Security number identifiers is strong due to the cost
factor. Ironically, you may know, your Social Security number is used
as your identification number on your Medicare Cards. There also have
been calls to stop the use of the Social Security Death Indexes, used
by so many in family research to locate deceased family members.

We are all concerned about identity theft, privacy, and the publics
right to know. As private citizens we can view both sides of these
issues and they must be balanced. But when we hear statements like
Davis' press secretary, Steve Maviglia when he said that 'ne state
proposals may involve database sales bans and prevent anyone but
family members from obtaining birth certificates.' Would this be the
culmination of researcher's worst nightmares?

Two spot bills are available to address Senators Speier and Bowen's
issues in the opening session, SB1083, Section 103525 of the Health
and Safety Code relating to vital records and SB247 Section 103526 of
the Health and Safety Code relating to vital statistics. There will be
more on these to follow. We will continue to follow these bills, look
for additional bills, and communicate with our elected officials. I
will bring you reports as we learn more.

CSGA's Jonelle Ellis Russell has been keeping us information on the
lawsuit, Cobell v. Norton, which has removed the Bureau of Land
Management web site information from the Internet. Eastman's Online
Newsletter reports 'U.S. District Joyce Royce has threatened yet again
to hold Secretary of Interior Gale Norton in contempt as he ordered
her department to 'immediately' disconnect from the Internet every
single computer, server, and system that has access to individual
Indian trust data. The problems and lawsuit arose from the
government's extremely long delays in paying for oil from the
royalties and grazing leases. The records were housed in a computer
infrastructure that was so weak that a court-appointed investigator
and his team of security experts were able to break in and repeatedly
access, modify and even create data -- all without raising a response
from the government.' Secretary Norton has complied. Now researchers
cannot access the Bureau of Land Management site. For more details see
http://www.indiantrust.org/clips.cfm>;; or
http://www.zdnet.com/zdnn/stories/news/0,4586,510052100.html>; the
link on Cyndi's List.

I still do not have anything new to report on Assembly Member Anthony
Pescetti's new version of AB1779,
[AB1368] to establish the California Historic Cemetery Commission. But
I will get back to you just as soon as we
connect with his people.

If you wish to follow State Legislation you may check the State Web
site at http://www.sen.ca.gov>; or order copies from the Bill Room,
State Capital, Sacramento, CA 95814 or call to order 916-445-2323. To
be added to my Network, send your name, name of your organization, and
e-mail address, stating you wish to be added to the Legislative
Network, to <> [new]. I want to thank Jo Russell
and Tim Olson for their help. ---5 January 2002, Legislative Network
Coordinator, Iris Carter Jones. [Permission is granted to reprint
Legislative reports. Please cite your source.]

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