Don’t let anyone treat you badly because of your genes. As of this weekend, it will be against the law.
The Genetic Information Nondiscrimination Act (GINA) prevents both employers and insurance companies from requiring genetic tests or from using your family’s medical history against you. The biggest change resulting from the law is that it will–except in a few circumstances—prohibit employers and health insurers from asking employees to give their family medical histories. The law also bans group health plans from the common practice of rewarding workers, often with lower premiums or one-time payments, if they give their family medical histories when completing health risk questionnaires [The New York Times]. The law also bars employers from requiring genetic testing or using such information to make decisions on hiring, firing or promoting employees.
To alleviate the privacy concerns of people that have had genetic testing, Congress stepped in and passed GINA last year. The act takes effect Nov. 21 for all employers with 15 or more employees. It applies to group health insurers whose plan years begin on or after Dec. 7, and it took effect for individual health insurance plans last May. The act does not apply to life insurers. The act would ban a company from not promoting a 49-year-old to chief executive because it knew his father and grandfather died of heart attacks at age 50 [The New York Times]. It is still legal for employers to glean information about an employee’s medical history from family obituaries, or to inquire why an employee missed work to care for a sick relative under the Family Medical Leave Act. However, it will now be illegal to use this information to somehow penalize the employee.
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Many medical devices come equipped with wireless communication systems these days, allowing doctors to customize their operations or to see their patents’ information. But fitting pacemakers or implanted defibrillators with WiFi also opens the door to hackers‘ attacks. Hackers could potentially steal personal information, remotely drain batteries, or cause a dangerous malfunction, so researchers are working on ways to block them. The approach relies on using ultrasound waves to determine the exact distance between a medical device and the wireless reader attempting to communicate with it [Technology Review]. The plan is to only allow access to a medical device from wireless reading devices within 10 feet, and only then after a series of authentication steps. However, in the event of an emergency, the medical device would grant access to anyone within a few inches of the device. In other words, to anyone close enough to assist.
The research team also has to consider how much power their security measures will drain from the devices, which is a not-so-trivial point for a battery-operated pacemaker. But Claude Castelluccia, who was involved with designing the security system, said that because the device won’t respond to requests that come from outside the predetermined distance, it would also be harder for an attacker to wear down the battery by forcing it to process one request after another [Technology Review]. To test their system, researchers recently implanted a medical device in the stomach of a cow, and they’re currently shopping their patented technology to potential developers.
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The self-proclaimed spam king of the Internet, Sam “Spamford” Wallace, was ordered to pay Facebook $711 million in civil damages for slinging spam on the social networking site. Wallace allegedly accessed Facebook accounts without obtaining permission, and used them to make bogus wall posts and spam the account holders’ friends. Those actions run afoul of the CAN-SPAM Act of 2003, which sets guidelines for commercial e-mails, which are enforced by the Federal Trade Commission (FTC) [PC World]. The judge also referred Wallace to the U.S. Attorney’s Office with a request that he be prosecuted for criminal contempt, which means he could actually face jail time if convicted.
If you’ve ever received an unsolicited email (and who hasn’t), chances are good that it came from Wallace’s company, Cyber Promotions, which was once the largest source of spam. So not surprisingly, this isn’t the first time Spamford has run afoul of the law. In May, 2008, MySpace won a $230 million judgment against Wallace for sending junk messages. Wallace was also fined $4 million by the Federal Trade Commission in 2006 for his excessive pop-up ads [CNN]. Officials at Facebook said they don’t expect to see much of the $711 million, seeing as how Wallace is bankrupt and may soon have to send out his spam as hand written letters from behind bars.
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Looking for an easy, cheap way to spy on your neighbors? Researchers are working on a device that may be just the thing, which uses a simple wireless network to “see” through a wall and detect people moving around in the room beyond. But paranoid apartment-dwellers will be glad to know that the system still has plenty of limitations. At the moment the system can only track movement within a three-foot range, and it can only sense motion–it can’t put together a picture of what or who’s moving.
The system relies on the variations of radio signals in a wireless network. The signal strength at any point in a network is the sum of all the paths the radio waves can take to get to the receiver. Any change in the volume of space through which the signals pass, for example caused by the movement of a person, makes the signal strength vary. So by “interrogating” this volume of space with many signals, picked up by multiple receivers, it is possible to build up a picture of the movement within it [Technology Review]. The paper describing the technology has been posted on the arXiv pre-print server, and has not yet been peer-reviewed.
The device could be more than a boon for voyeurs or robbers. The researchers argue that the technology could be used in search and rescue operations, with emergency teams using the same radio technology used by Wi-Fi networks to build a web of sensors around a disaster site, revealing the location of victims and survivors [Telegraph].
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Scientists in the United Kingdom are outraged over a new program that seeks to determine asylum seekers’ nationalities through DNA and the isotopes present in their hair and fingernails. “Horrifying,” “naïve,” and “flawed” are among the adjectives geneticists and isotope specialists have used to describe the “Human Provenance pilot project,” launched quietly in mid-September by the U.K. Border Agency [Science Insider]. The experts say the tests simply aren’t accurate enough to pinpoint a person’s country of origin.
The program will be tried out on asylum seekers from the Horn of Africa, and will seek to establish whether applicants from Kenya or Ethiopia are masquerading as refugees from war-torn Somalia. Yet scientists say the Border Agency’s goals confuse ancestry or ethnicity with nationality. David Balding, a population geneticist at Imperial College London, notes that “genes don’t respect national borders, as many legitimate citizens are migrants or direct descendants of migrants, and many national borders split ethnic groups” [Science Insider].
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The 28-year-old hacker Albert Gonzalez who stole credit and debit card numbers from millions of people pleaded guilty on Friday to 19 counts of conspiracy, fraud, and aggravated identity theft. Gonzalez, also known by his handles “Soupnazi” and “Segvec,” reached a deal with the federal government on charges brought against him in Massachusetts and New York, where he and his co-conspirators stole more than 40 million card numbers from retailers like T.J. Maxx and Barnes & Noble. Gonzalez and his co-conspirators sold the numbers to others for fraudulent use and engaged in ATM fraud by encoding the data on the magnetic stripes of blank cards and withdrawing tens of thousands of dollars at a time from ATMs [PC World], according to the Department of Justice.
Gonzalez faces a prison sentence of 15 to 25 years in Massachusetts and a maximum sentence of 20 years in New York, but based on the terms of his plea agreements the sentences will be served concurrently. Gonzalez also agreed to pay restitution for the loss suffered by his victims, and to forfeit more than $2.7 million, plus real estate, a 2006 BMW, a Tiffany diamond ring and Rolex watches, the DOJ said. Included in the forfeited currency is more than $1 million in cash, which Gonzalez had buried in a container in his backyard [PC World]. He’ll be sentenced in December for the Massachusetts and New York cases, but that’s far from the end of his legal troubles.
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Every time you go online, your privacy is at stake. As you surf Web sites and enter search terms, large Internet companies and ad networks are collecting data about you, your hobbies, your habits, and your purchases in order to figure out which ads to display for you next. The companies argue that this practice, known as behavioral advertising, produces ads that are far more relevant to users than simply spamming them with whatever is selling that week, but privacy advocates are concerned about the amount of data that is being collected and what might be happening with that data behind the scenes [CNET].
Earlier this year a congressional committee held hearings on the topic, and asked for input from privacy groups. On Tuesday, representatives from a range of privacy and consumer protection groups asked the House Commerce Committee to prohibit online marketers from collecting sensitive data, require them to inform users what the data is being collected for and give individuals the right to see data collected about them [Wired.com]. U.S. Representative Rick Boucher of Virginia is expected to introduce a privacy bill this fall, and privacy advocates are hopeful that he’ll incorporate their ideas.
The off-limits “sensitive data” could include information about an Internet user’s race, political activity, and sexual orientation, as well as medical and financial data. The privacy groups also said in their recommendations (pdf) that data should not be collected from any user under the age of 18, if age could be determined. They also suggest that Web sites and advertisers only retain behavioral data for 24 hours, after which they must receive consent from users or get rid of it [The Wall Street Journal], in what amounts to an “opt-in” system for consumers.
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A 28-year-old hacker has been charged in what federal prosecutors are calling the largest case of identity theft ever seen. The man, Albert Gonzalez, worked with two unnamed Russian conspirators to run wild through the computer networks of a handful of prominent corporations, including 7-Eleven, the supermarket chain Hannaford Brothers, and the payment processor Heartland Payment Center. The size of the heist—130 million credit and debit card numbers, according to prosecutors—have many people wondering: How exactly is such a massive theft carried out?
The Justice Department’s indictment (pdf) describes how Gonzales (a.k.a. “segvec” and “soupnazi,” among other aliases) and his co-conspirators pulled it off. They began the job by scanning lists of Fortune 500 companies for likely targets, and then visited retail outlets to scope out the payment systems used at checkout counters and to look for vulnerabilities. Then they would write specific codes to corrupt their data systems and launch a virus from computers in the United States and Europe to pull hundreds and thousands of credit card numbers, and sort through them using a “sniffer,” which is basically a data analysis system that decodes big chunks of information [The Atlantic].
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Young baseball players in Latin America with big dreams of coming to the United States to play in the big leagues have to do more than work on their batting and fielding these days–they may also have to prove that they are who they say they are. Baseball has been beset by a series of assumed identity scandals; for example, the young baseball phenom, Esmailyn Gonzalez, received a $1.4-million bonus when he signed with the Washington Nationals in 2006. This February, the player who was misrepresenting himself as only 19 years old turned out to be a 23-year-old by the name of Carlos David Alvarez Lugo [Scientific American].
To combat the problem, Major League Baseball investigators have begun giving DNA tests to some prospects to determine whether they are actually related to the people they identify as their parents, and aren’t just borrowing them along with the birth certificate of a younger man. A statement from Major League Baseball said that it used DNA testing in the Dominican Republic “in very rare instances and only on a consensual basis to deal with the identity fraud problem that the league faces in that country.” The statement added that the results of the tests were not used for any other purpose [The New York Times]. But the testing raises ethical questions, and could even be declared illegal when a new law takes effect later this year.
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Were you born after 1988 in a small state? If so, researchers would have a particularly good chance of figuring out your Social Security number. In a new study, researchers used publicly available data, including an individual’s place and date of birth, to guess the Social Security number that would have been assigned to that person. And the study’s authors say that cyber-crooks could use similar techniques for identity theft. “We live in a precarious time, where knowledge of a Social Security number, along with other information about one’s name and date of birth, is sometimes sufficient to impersonate another individual,” said Alessandro Acquisti, the study’s lead author [Bloomberg].
Acquisti’s team shared their results with the federal government, but the Social Security office is downplaying the findings; spokesman Mark Lassiter said there is still no “foolproof” method for predicting Social Security numbers. “The suggestion that Mr. Acquisti has cracked a code for predicting an SSN is a dramatic exaggeration,” Lassiter said via e-mail. However, he added: “For reasons unrelated to this report, the agency has been developing a system to randomly assign SSNs. This system will be in place next year” [AP].
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In a rare victory for freedom of information in China, the government has abruptly reversed course on its mandate that Internet filtering software be installed on every computer sold in China after July 1.
Yesterday, the Ministry of Industry and Information Technology announced that mandatory installation of the software, called Green Dam Youth Escort, would be delayed indefinitely. The software caused a torrent of protests from both Chinese computer users and global computer makers…. China has said the software is designed to filter out pornography and violence to protect minors, but many experts say it can also block any other content that the authorities deem subversive [The New York Times].
While some experts suggested that the Chinese government might be delaying the program’s roll-out simply to give computer makers more time to test the software and comply with the policy, others believe that the government was forced to bow to the pressure from outraged citizens. “This shows that social pressure can’t be ignored,” said Zhou Ze, a Beijing lawyer who challenged the legality of the plan. “They tried to control public opinion to back the plan by creating a fuss about pornography, but that failed, and they will have learnt to be more careful next time” [Reuters]. Analyst Edward Yu of Beijing says that while protests from foreign computer companies probably influenced the government’s decision, “we think public opinion played an even more important role” [AP].
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If you’re arrested for a felony in the state of California, expect to give up a DNA sample. As of January 1, California police departments began taking and storing genetic samples from all adults arrested for felonies, regardless of whether they go on to charge those people with crimes, or whether the suspects are ultimately convicted. Meanwhile, the FBI and 15 states now collect DNA samples from immigrants who are detained, and 16 states store genetic samples from people found guilty of misdemeanors.
The intent is to create a large genetic database that will allow police to solve more crimes, but critics say the cumulative effect may be unconstitutional. Criminal justice experts cite Fourth Amendment privacy concerns and worry that the nation is becoming a genetic surveillance society…. “What we object to — and what the Constitution prohibits — is the indiscriminate taking of DNA for things like writing an insufficient funds check, shoplifting, drug convictions,” said Michael Risher, a lawyer for the American Civil Liberties Union [The New York Times].
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Some doctors are so concerned about being negatively reviewed on Web sites like Yelp, RateMDs, and Angie’s List that they are asking patients to sign gag orders that bar them from posting negative online reviews. A company called Medical Justice, which seeks to protect doctors against medical malpractice claims, advices doctors to have each patient sign the non-disclosure agreement–and if the patient refuses, to turn him away.
“Consumers and patients are hungry for good information” about doctors, but Internet reviews provide just the opposite, contends Dr. Jeffrey Segal, a North Carolina neurosurgeon [and the founder of Medical Justice]. Some sites “are little more than tabloid journalism without much interest in constructively improving practices,” and their sniping comments can unfairly ruin a doctor’s reputation, Segal said [AP]. About 2,000 doctors have signed up for the service since it was launched two years ago. Segal claims that privacy laws and medical ethics prevent doctors from defending themselves on the review sites.
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In a landmark court case, a European court has ruled that law enforcement agencies can’t keep DNA samples from people who have never been convicted of a crime. In the unanimous judgment, the European Court of Human Rights ruled that keeping the samples was in violation of people’s right to a private life, a protection under the Human Rights Convention [AP].
Its decision, which is binding on all 46 members of the Council of Europe, will have an immediate impact on around 850,000 innocent people whose genetic profiles are stored on the police DNA database in England and Wales [The Economist]. In those parts of the United Kingdom, the police collect a DNA sample from anyone arrested on a “recordable” offense, a category that includes everything from murder to “fraudulently evading bingo duty.” That sample is stored for the rest of the person’s life, even if they’re never convicted of the crime they were arrested for. If the U.K. doesn’t appeal the new ruling, the English and Welsh police will have to immediately destroy the genetic profiles of everyone without a criminal record.
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Ten intrepid genetic explorers have volunteered to have their genetic information posted on the Internet for anyone’s perusal, along with photographs, their disease histories, allergies, medications, ethnic backgrounds and a trove of other traits, called phenotypes, from food preferences to television viewing habits [The New York Times]. The 10 volunteers are the first participants in the Personal Genomics Project, an endeavor run by Harvard Medical School that hopes to offer free genetic testing to 100,000 people in exchange for their privacy.
The project aims to advance genome research by tapping volunteers who have a Facebook-mentality sense of privacy–minimal–and enough excitement about genomic science that they are willing to lay out their genetic and medical information so any researcher can sift through it for links between genes and traits. “There’s a hope that by making these data public, you can harness crowd-sourcing power in the same way that Wikipedia and YouTube and Google and Linux all emerged from cooperative, distributed efforts” [Boston Globe], said Harvard psychology professor Steven Pinker, who is one of the 10 pioneers.
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