A point solution in a broad space

NETWORK WORLD NEWSLETTER: GIBBS & BRADNER
06/14/05

Dear networking.world@gmail.com,

In this issue:

* Net Insider columnist Scott Bradner discusses Part 682 of
  Title 16 of the U.S. Code of Federal Regulations
* Links related to Gibbs & Bradner
* Featured reader resource
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Network World Executive Guide: The Evolution of Management
Technologies

Network and systems technologies have an important new role -
helping networked systems live up to new business realities.
With growing and shifting demands, network executives are
balancing business goals with prioritizing IT projects. Read
about the 'Future of Management', 'IT Service Management',
'Managing Security', and 'Best Practices'.
http://www.fattail.com/redir/redirect.asp?CID=106650
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Today's focus: A point solution in a broad space

By Scott Bradner

On June 1, Part 682 of Title 16 of the U.S. Code of Federal
Regulations ( <http://ecfr.gpoaccess.gov/> ) went into effect.
These rules concern the disposal of consumer report information
and records.They eloquently demonstrate the inability of
lawmakers to craft general solutions to general problems.

The rules require that anyone who has a consumer report about
someone to properly dispose of the paper or electronic records
when done with them. This means "burning, pulverizing or
shredding of papers" and the "destruction or erasure of
electronic media." The term "consumer report" used in the rules
is defined in the Fair Credit Reporting Act and means "any
written, oral, or other communication of any information by a
consumer reporting agency bearing on a consumer's credit
worthiness, credit standing, credit capacity, character, general
reputation, personal characteristics, or mode of living" to be
used to determine credit or for employment background checks.

The disposal rules are part of the Fair and Accurate Transaction
Act of 2003 ( <http://www.networkworld.com/nlgibrad2589> ). This
61-page act covers a lot of good stuff, including your right to
get free copies of your credit reports; the right to add a fraud
alert in your record at the credit reporting agencies (to
prevent credit being extended to you without your specific OK);
truncating credit card and Social Security numbers on printed
materials; and your rights when trying to correct information
held by the credit reporting companies. It also spends a lot of
pages trying to preempt ways that the credit reporting industry
might try to get around obeying the law.

What the Fair Credit Reporting Act and the Fair and Accurate
Transaction Act lack are any overarching principles. Such a
principle might be that an individual could opt out of having
any credit report-like information shared about themselves,
unless the distribution is in conjunction with a legally
constituted law enforcement or terrorism investigation. If I'm
not trying to get additional credit cards or loans I should be
able to just say "no." Instead the laws focus on particular
details, missing many that will have to be patched later.

For example, the disposal rules only apply to "consumer
information," which means "any record about an individual . . .
that is a credit report or is derived from a credit report" and
ignores any requirement to properly dispose of other information
that a business may hold about individuals. It would have been
easy for Congress to stop the definition of consumer information
after "record about an individual" - but that would have been
far too pro-consumer.

Disclaimer: I do not know if Harvard's Kennedy School of
Government has classes on when to stop, but it's far from sure
that politicians are likely to listen even if it does. In any
case, the above lament is my own.
_______________________________________________________________
To contact: Scott Bradner

Bradner is a consultant with Harvard University's University
Information Systems. He can be reached at <mailto:sob@sobco.com>
_______________________________________________________________
This newsletter is sponsored by Concord Communications
Network World Executive Guide: The Evolution of Management
Technologies

Network and systems technologies have an important new role -
helping networked systems live up to new business realities.
With growing and shifting demands, network executives are
balancing business goals with prioritizing IT projects. Read
about the 'Future of Management', 'IT Service Management',
'Managing Security', and 'Best Practices'.
http://www.fattail.com/redir/redirect.asp?CID=106649
_______________________________________________________________
ARCHIVE LINKS

Gibbs archive:
http://www.networkworld.com/columnists/gibbs.html

Bradner archive:
http://www.networkworld.com/columnists/bradner.html
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FEATURED READER RESOURCE
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latest news, reviews, product testing results and more all
related to keeping VoIP networks secure. Click here for more:
<http://www.networkworld.com/topics/voip-security.html>
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