CVB Investigative Services Report
Washington DC July 14-15 2005
Mike Carpenter, and Frank Leslie of CVB Investigative Services Denver, Colorado went to Washington DC for the Hit the Hill sponsored by NCISS National Council of Investigation and Security Services. We were there to discuss issues relating to legislation which would restrict access to Social Security numbers and other information. Frank and I were able to talk to a number of our Colorado Representatives. We believe that these bills would severely impact our ability to help clients find critical witnesses, solve identity theft cases or perform numerous other vital services. Numerous bills have been introduced in both the House and Senate. These include S-29, the Social Security Misuse Protection Act and HR 1078, the Social Security Protection Act of 2005, and many others. As Congress considers these and other measures, We believe it is critical to all who will be affected by such legislation to contact your Representatives. We want to thank Corey J Curtis Denver office staff assistant for Senator Wayne Allard, Jacob Leis of Congresswoman Marilyn Musgrave’s office, Jessica R Sadowsky, Legislative Assistant for Congressman Tom Tancredo, C Shannon Good, Legislative Director and Joshua S Freed Deputy Chief of Staff with Representative. Diana DeGette’s office. They took time out of their busy day to talk to us. All were very gracious. They want and need to hear us. We were very surprised to find the lack of knowledge about the PI industry. They were unaware that we were not licensed in Colorado or they thought we were covered under law enforcement exceptions. In almost every case they agreed that we should not lose the availability of information that we now have. It is still an uphill battle We must keep a constant “in your face” presence on the hill.
One of the points we discussed with the Congressmen was that restriction of PI access to SSN's will not solve the problem of data breaches. The Washington Post listed 9 breaches since February. Only the Choicepoint incident involved accessing information through use of a fraudulent account. The others, which are much larger, involved hacking, dishonest insiders or lost tapes. None involved a private investigator. We explained private investigators have a critical need for access to this information. We told them that we use it for locating people, which is necessary for finding witnesses, locating heirs or missing children, finding deadbeat parents and combating ID theft and other fraud. We said the bills raise serious due process issues. These bills all provide an exception for law enforcement. If police are able to access this information while investigators for defense counsel cannot, there is an obvious inequity in the ability to locate witnesses and provide adequate information for a fair and equal defense. We made clear that exceptions should be provided to allow private investigators to continue to use these essential tools to assist the US judicial system. We advised them that a good model exists in the Drivers Privacy Protection Act which congress enacted several years ago. It recognized the necessity for private investigators to have access to information for locating individuals. We pointed out that there are measures that Congress can take that will be effective, such as banning Internet sales of SSN's to the general public, increasing penalties for misuse of data, prohibiting SSN's from being used on ID's, and compelling Data brokers to notify individuals when breaches threaten to harm them. The subject of state Legislation giving individuals the right to “freeze” their credit information was also discussed (currently fourteen states passed this type of fraud prevention Legislation Regulators support Legislation providing PIs with access to essential data. The International Association of Security & Investigative Regulators has written to the Congressional leadership supporting our access to SSN's and other critical data.
Here is a Summary of the Bills, at the time we were there.
HR 1263—Cliff Stearns (R-FL) Consumer Privacy Protection Act of 2005
Definition of "data collection organization" includes Pi's. Since the bill requires notice to consumers when their data is used, we'd have to notify people the first time we collected their information. It also provides consumers the opportunity to limit the use of their data.
HR 1078 Ed Markey (D-MA) SSN Protection Act of 2005
Authorizes FTC to limit sale and use of SSN's. Has exceptions, but none that would protect access for Pi's.
S 768 (Schumer-Nelson) Comprehensive ID Theft Prevention Act. Very comprehensive. Consumers can access reports from providers which identity what information has been provided and to whom. Thus, they would know if a PI, collection agency process server was looking for them. The bill also has the same infirmities as HR 1078 (and S 29) in that it denies access to the SSN and has no exception for Pi's.
S-500 Bill Nelson (D-FL) Information Protection and Security Act Regulates "information brokers". Requires them to provide consumers with information about who accessed information.
HR 1080 Ed Markey (D-MA) same as S 500
S-29 Dianne Feinstein (D-CA) SSN Misuse Protection Act Limits use of SSN without and exception for Pi's. S 29 Feinstein SSN Misuse Protection Act. Does have exceptions for "business to business" transactions. Has some fraud exceptions but is not clear about how far they would go.
HR 1745 Clay Shaw (R-FL) SSN Privacy and ID Theft Prevention Act Bans sale or distribution of SSN's without adequate exceptions. Denies access to "credit headers" the non-credit information from credit reports. That information is the source for much of the information in databases vital to licensed investigators.
S 116 (Feinstein) Privacy Act of 2005 Her comprehensive bill. Includes the same SSN provisions as in S 29. In addition, she amends the Driver's Privacy Protection Act to effectively deny information to Pi's where states have agreed to do so.
S 1332. (Specter-Leahy) Personal Data Privacy and Security Act of 2005 Bars buying, selling or displaying SSN without the consent of the SSN number holder and allows individuals access to data brokers" information held about them. Exceptions would not protect PI access.
Our trip was most rewarding and packed with an energy that was catching. We started out on Thursday with an orientation meeting and Continental Breakfast. Then it was off to Capitol Hill for our appointments. Friday July 15 was the Identity Fraud Summit. This summit was open to anyone who wanted to attend at no cost thanks to NCISS members that contributed their time and money. First was Jon McDowall, he talked about the Fraud Resource Group and the Emerging Trends in Identity Frauds then Tom Sadaka, Former Special Counsel, Florida Statewide Prosecutor Computer Crime and Identity Theft was most interesting. Michael Levin, Task Force Supervisor, US Secret Service US Secret Service Financial Crimes Task Force had us all glued to our seats. Lunch was fantastic.
Betsy Broder, Assistant Director, Federal Trade Commission ID Frauds and Recent Data Breaches. Was most informative. then it was Jonathan Rusch, Prosecutor, US Department of Justice talked about DOJ Prosecutions of ID Frauds and Phishing
We also want to thank John Stoll, an exonerated former California prison inmate who was incarcerated for over twenty years for a crime he did not commit. John came to Capitol Hill and told his story which involved Sheila Klopper a San Jose CA - based private investigator working for the Northern California Innocence Project. Sheila found two witnesses out of state using SSN searches who later recanted and helped free John twenty years after his conviction. It made for a powerful story and demonstrated our continued need for full access to database searches and SSNs. John and Sheila were interviewed by the media and also met with Congressional staff during our Hit the Hill campaign.
For more information about John go to http://users.erols.com/mpeters5/kstoll1.htm
Last but not least was a Panel Discussion on Identity Fraud and related Legislative Initiatives. Moderated by: Francie Koehler, Legislative Chair, NALI, Betsy Broder, Assistant Director, Federal Trade Commission Robert Ellis Smith, Privacy Times, Brian McGuinness, President, NCISS Bruce Hulme, Legislative Committee Chairman.
This is a sample letter (taken from NCISS) that I sent to Congress, this one is to Senator Wayne Allard. Please write, fax, call or e-mail your Representative today you can edit this one to be your own information.
July 6, 2005
Cory J Curtis Staff Assistant
The Honorable Senator Wayne Allard
Cory, it was a pleasure meeting you at breakfast today. As I explained I am going to be in DC July 14-17 2005. I understand that at this late date it would be difficult if not impossible to meet with Senator Allard. Perhaps I could stop by his office and talk to an assistant to discuss S1332. I am writing to express my concerns about legislation currently being proposed to address the growing problem of theft of personal data by illegal access, or "breaching," of databases. Private investigators share consumers concern over recently reported data breaches and improper access to highly sensitive personal identifying information. We strongly agree with recommendations to increase criminal penalties for theft of personal data and to restrict access to this information. Senator Arlen Specter (R-PA) and Senator Pat Leahy (D-VT) introduced S 1332 U.S. Senate's Personal Data Privacy and Security Act of 2005. To summarize, the Act would increase criminal penalties for identity theft, and would require companies to protect sensitive information about its customers. "While CVB Investigative services, the National Council of Investigation and Security Services (NCISS) and the Coalition of Security Associations for Privacy Protection support many of the provisions of this and other legislation, there are specific sections that would make it extremely costly for the judicial system, legal community, law enforcement, corporate security and private citizens to conduct daily business typically supported through the efforts of the nation's nearly 60,000 investigators.For example, Section 501 would prevent private investigators from accessing information which we need in order to serve the U.S. judicial system. The bill's prohibition on the sale of Social Security numbers would limit our ability to locate witnesses, prevent fraud, locate heirs and pension beneficiaries and assist victims of identity theft. Certainly, these are unintended consequences of the legislation; however they will negatively impact the U.S. judicial system by making it less fair and its decisions less enforceable. The proposed legislation permits law enforcement to maintain access to Social Security numbers, while prohibiting the same access to investigators working for defense counsel. This delineation will put defendants at a further disadvantage in attempting to locate exculpatory witnesses.We believe that this well-intentioned legislation needs to be thoroughly reviewed, and not enacted solely to respond immediately to an avalanche of publicity. We support several provisions in the legislation, including increased penalties for identity thieves and prohibitions on using Social Security numbers on certain documents. But private investigators are not to blame for the recent security breaches. The challenge for the 109th Congress is to enact legislation that responds to security breaches without adopting provisions that will be counterproductive to the fight against identity theft by damaging both the civil and criminal justice systems."
Thank you.
Michael Wayne Carpenter
Frank LeslieCVB Investigative Services LLC
1471 Stuart StreetDenver, Colorado 80204
Dear Friends,
Today we mourn the passing of a beloved old friend by the name of Common
Sense who has been with us for many years. No one knows for sure how old
he was since his birth records were long ago lost in bureaucratic red
tape. He will be remembered as having cultivated such value lessons as
knowing when to come in out of the rain, why the early bird gets the
worm and that life isn't always fair.
Common Sense lived by simple, sound financial policies (don't spend more
than you earn) and reliable parenting strategies (adults, not kids, are
in charge).
His health began to rapidly deteriorate when well intentioned but
overbearing regulations were set in place. Reports of a six-year-old boy
charged with sexual harassment for kissing a classmate; teens suspended
from school for using mouthwash after lunch; and a teacher fired for
reprimanding an unruly student, only worsened his condition. It declined
even further when schools were required to get parental consent to
administer aspirin to a student; but, could not inform the parents when
a student became pregnant and wanted to have an abortion.
Finally, Common Sense lost the will to live as the Ten Commandments
became contraband; churches became businesses; and criminals received
better treatment than their victims.
Common Sense finally gave up the fight after a woman failed to realize
that a steaming cup of coffee was hot, she spilled a bit in her lap, and
was awarded a huge settlement .
Common Sense was preceded in death by his parents, Truth and Trust, his
wife, Discretion; his daughter, Responsibility; and his son, Reason. He
is survived by two stepbrothers; My Rights and Ima Whiner.
Not many attended his funeral because so few realized he was gone. If
you still know him pass this on, if not join the majority and do nothing.
AUK
Have a good day.
Mike Carpenter
CVB Investigative Services
1cvb@privatei.com
www.1cvb.net
303-969-8703
Believe it or not, these are actually TRUE!
January 2000: Kathleen Robertson of Austin Texas was awarded $780,000.00 by a jury of her peers after breaking her ankle tripping over a toddler who was running amuck inside a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving tyke was Ms. Robertson's son.
June 1998: A 19-year-old Carl Truman of Los Angeles won $74,000.00 and medical expenses when his neighbor ran his hand over with a Honda Accord. Mr. Truman apparently didn't notice someone was at the wheel of the car whose hubcap he was trying to steal.
October 1998: A Terrence Dickson of Bristol Pennsylvania was exiting a house he finished robbing by way of the garage. He was not able to get the garage door to go up, the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation, so Mr. Dickson found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found, and a large bag of dry dog food. This upset Mr. Dickson, so he sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to the tune of half a million dollars and change.
October 1999: Jerry Williams of Little Rock, Arkansas was awarded $14,500.00 and medical expenses after being bitten on the buttocks by his next door neighbor's beagle. The beagle was on a chain in its owner's fenced-in yard, as was Mr. Williams. The award was less than sought after because the jury felt the dog may have been provoked by Mr. Williams who, at the time, was shooting it repeatedly with a pellet gun.
May 2000: A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster Pennsylvania $113,500.00 after she slipped on a spilled soft drink and broke her coccyx. The beverage was on the floor because Ms. Carson threw it at her boyfriend 30 seconds earlier during an argument.
December 1997: Kara Walton of Claymont, Delaware successfully sued the owner of a night club in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms. Walton was trying to sneak through the window in the lady's room to avoid paying the $3.50 cover charge. She was awarded $12,000.00 and dental expenses.
Things were going smoothly for a burglar as he broke into the Hill-Rom Corporation in Pennsauken, New Jersey. He had opened the door and, as he had seen hundreds of times in the movies, knew exactly how to keep the door from latching behind him. He removed a piece of paper from his pocket, folded it, and carefully placed the paper between the latch and the doorframe insuring the door wouldn't lock while he was scampering about inside cleaning out the place. His deed done, he left through the door he had ingeniously rigged, and made his escape. When the police arrived to investigate the robbery they noticed a folded piece of paper by the door jam. They opened it and the case was solved. It wasn’t a confession - it was a traffic ticket. The ticket, complete with home address and telephone number, was issued to the burglar the night before citing him for driving with a cracked windshield. He was promptly arrested and all the stolen property was recovered. A cracked windshield, huh? Sounds like a pretty good description of the suspect, doesn't it?
