Intel Official: Expect Less Privacy

Donald Kerr testifies at Capitol Hill in this Aug. 1, 2007, file photo. Kerr, the deputy director of national intelligence, said it's time Americans changed their definition of privacy as Congress takes a second look at the Foreign Surveillance Intelligence Act. (AP Photo/Susan Walsh, file) (Susan Walsh - Associated Press)

Congressional leaders hope to finish the bill by Thanksgiving. It would replace the FISA update enacted in August that privacy groups and civil libertarians say allows the government to read Americans' e-mails and listen to their phone calls without court oversight.

Kerr said at an October intelligence conference in San Antonio that he finds concerns that the government may be listening in odd when people are "perfectly willing for a green-card holder at an (Internet service provider) who may or may have not have been an illegal entrant to the United States to handle their data."

He noted that government employees face up to five years in prison and $100,000 in fines if convicted of misusing private information.

Millions of people in this country _ particularly young people _ already have surrendered anonymity to social networking sites such as MySpace and Facebook, and to Internet commerce. These sites reveal to the public, government and corporations what was once closely guarded information, like personal statistics and credit card numbers.

"Those two generations younger than we are have a very different idea of what is essential privacy, what they would wish to protect about their lives and affairs. And so, it's not for us to inflict one size fits all," said Kerr, 68. "Protecting anonymity isn't a fight that can be won. Anyone that's typed in their name on Google understands that."

"Our job now is to engage in a productive debate, which focuses on privacy as a component of appropriate levels of security and public safety," Kerr said. "I think all of us have to really take stock of what we already are willing to give up, in terms of anonymity, but (also) what safeguards we want in place to be sure that giving that doesn't empty our bank account or do something equally bad elsewhere."

Kurt Opsahl, a senior staff lawyer with the Electronic Frontier Foundation, an advocacy group that defends online free speech, privacy and intellectual property rights, said Kerr's argument ignores both privacy laws and American history.

"Anonymity has been important since the Federalist Papers were written under pseudonyms," Opsahl said. "The government has tremendous power: the police power, the ability to arrest, to detain, to take away rights. Tying together that someone has spoken out on an issue with their identity is a far more dangerous thing if it is the government that is trying to tie it together."

Opsahl also said Kerr ignores the distinction between sacrificing protection from an intrusive government and voluntarily disclosing information in exchange for a service.

"There is something fundamentally different from the government having information about you than private parties," he said. "We shouldn't have to give people the choice between taking advantage of modern communication tools and sacrificing their privacy."

"It's just another 'trust us, we're the government,'" he said.

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On the Net:

Kerr's speech: http://tinyurl.com/23dycq