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January 26, 2009 - As a presidential candidate, Barack Obama made his position on abortion very clear. During his campaign, he stated that he would sign the Freedom of Choice Act and that he opposed restrictions on Partial Birth Abortions. Now as President, Obama used the 36th anniversary of the Supreme Court's Roe v. Wade decision to reiterate his quite extreme position. Obama made several statements about "ensuring that our daughters have the same rights and opportunities as our sons...." However, his key statement appears to demonstrate an utter misunderstanding of the legal aspects of abortion, was that government "should not intrude on our most private family matters." An Associated Press subheader put it as "the ruling legalizing abortion represented a broader principle that government should not intrude on private family matters." Obama seemingly fails to understand three things about the "right to privacy." First, in that as far as it has been applied to abortion and contraception (Griswold vs. Connecticut); it is not a principle about "family matters." It is a principle purely about individual choice. Under Roe, no one else in the "family" has any say about the abortion decision. If the woman is not married to the father of the baby, he is not "family" anyway. Second, the right to privacy is not absolute. Third and most important, that under Roe, the "right to privacy" is secondary to two considerations about the unborn child: whether or not the unborn child is a "person," or at least "potential life." For these last two, we can turn to Roe itself. The "Right to Privacy" The majority opinion of Roe admits that, "The Constitution does explicitly mention any right of privacy." Majority author Harry Blackmun cites various past court decisions which recognize personal rights that are "fundamental" or "implicit in the concept of ordered liberty." Since these private rights had been found to have extension to areas such as marriage, procreation, contraception

Former Booz Allen Hamilton management consultant Melissa Hathaway's much anticipated 60-day review of U.S. cybersecurity policy is scheduled to hit President Obama's desk this Friday. All eyes of the tech security community will be watching. It will signal what approach Obama will take in the complicated task of stemming cyber threats. Obama has said he will make the Internet safer for citizens and businesses, while playing catchup to China and Russia who are far ahead in the cyberwarfare arms race. "We're trying to do cybersecurity in a democracy," says Leslie Harris, President and CEO of the Center for Democracy & Technology. "Doing cybersecurity in China, my guess, is a lot easier." CDT held a press briefing this morning at which it warned that a cybersecurity bill, introduced earlier this month by Sen. John Rockefeller, D-W.Va, and Sen. Olympia Snowe, R-Maine, is the first of several that likely will be proposed once Hathaway's review is out. Harris said CDT agrees with a provision in the Rockefeller-Snowe bill that would create a cabinet-level cybersecurity adviser reporting directly to President Obama, but questions some of the extraordinary federal enforcement powers that could be created. CDT says it doesn't want citizens' civil liberties trampled upon. CDT general counsel Greg Nojeim gave Hathaway high marks for keeping her review process relatively open, in contrast to the Bush administration's penchant for secrecy. "So far the White House review team gets high grades on transparency," Nojeim said. Hathaway has held closed briefings in the past several weeks with Congressional committees, industry groups and privacy organizations, said Nojeim. "But the real test will be whether their recommendations reflect a commitment to transparency in the execution of the program," said Nojeim.

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The team that ran the most technologically advanced presidential campaign in modern history is finding it difficult to adapt that model to government. WhiteHouse.gov, envisioned as the primary vehicle for President Obama to communicate with the online masses, has been overwhelmed by challenges that staffers did not foresee and technological problems they have yet to solve. Obama, for example, would like to send out mass e-mail updates on presidential initiatives, but the White House does not have the technology in place to do so. The same goes for text messaging, another campaign staple. Beyond the technological upgrades needed to enable text broadcasts, there are security and privacy rules to sort out involving the collection of cellphone numbers, according to Obama aides, who acknowledge being caught off guard by the strictures of government bureaucracy. "This is uncharted territory," said Macon Phillips, White House director of new media, which was a midlevel position in previous administrations but has been boosted by Obama to a "special assistant to the president."

In a move that could reshape the federal government's cybersecurity efforts, President Obama on Monday said a former Booz Allen consultant would conduct an immediate two-month review of all related agency activities. The announcement indicates that the White House's National Security Council may wrest significant authority away from the U.S. Department of Homeland Security, which weathered withering criticism last fall for its lackluster efforts. Obama selected Melissa Hathaway, who worked for the director of national intelligence in the Bush administration and was director of an multi-agency "Cyber Task Force," to conduct the review with an eye to ensuring that cybersecurity efforts are well-integrated and competently managed. "The president is confident that we can protect our nation's critical cyber infrastructure while at the same time adhering to the rule of law and safeguarding privacy rights and civil liberties," said John Brennan, the president's homeland security adviser. Hathaway's appointment comes as Obama plans to overhaul the National Security Council, expanding its membership and effectively centralizing more decision-making in the White House staff. That would vest more authority in a staff run by James L. Jones, a former Marine Corps commandant who warned at a speech in Munich over the weekend that terrorists could use "cyber-technologies" to cause catastrophic damage. During a panel discussion that CNET News wrote about last fall, Hathaway defended Homeland Security's efforts to develop what it called a National Cyber Security Initiative, saying there was "unprecedented bipartisan support" for it. "Over the past year cyber exploitation has grown more sophisticated, more targeted, and we expect these trends to continue," she added. "Our cybersecurity approach to date has not kept up with the threats we've seen."

A coalition of privacy groups today urged the Obama Administration to defend California's landmark financial privacy law against the banking industry's legal efforts to overturn it. The US Supreme Court is currently considering taking up the banks' appeal of a 2008 decision by the 9th Circuit Court upholding almost all provisions of the Financial Information Privacy Act of 2003 (SB 1 - Speier). On March 9th, the Supreme Court invited the Obama Administration to voice its opinion on the California privacy law. The case is American Bankers Association v. Brown, Supreme Court Docket Number 08-730. Letters to President Obama and Solicitor General Elena Kagan were signed by The Consumer Federation of California, Privacy Rights Clearinghouse, CALPIRG, Consumers Union, Consumer Action, The Older Women's League, The California Alliance for Retired Americans, and Chris Larsen, Propser Marketplace, and founder of Californians for Privacy Now, the organization that spearheaded a 2003 ballot initiative campaign that turned fierce banking industry opposition into acquiescence with SB 1. "This represents a defining moment for privacy rights" the letter states. We ask you to stand with consumers by telling the Supreme Court to reject the banks' appeal in Brown." Privacy advocates support the State of California's position in this legal matter, which is that there is no merit to the appeal filed by the American Bankers Association. At issue is whether federal laws preempt portions of California law that regulate the sharing of private consumer information within a financial institution's family of affiliates.

The Obama administration is trying to take the lead on a number of technology issues, including cybersecurity, network neutrality and broadband availability. But one prominent omission is privacy, a topic about which the administration has said very little. At the Computers, Freedom and Privacy conference in Washington on Tuesday, one administration official did address privacy somewhat. Susan Crawford, a member of the National Economic Council looking after science and technology policy, listed some of the efforts by the Federal Trade Commission to press for new rules for behavioral advertising. But she didn't mention that all of those rules were written under the Bush administration. Peter Swire, an Ohio State law professor who served on the Obama transition team, offered one reason it might be difficult for the administration to find its voice on privacy. There is a split, he told the conference, between the typical view of privacy among technology experts and the emerging view of people brought up in the social networking, Web 2.0 world.

How will Barack Obama's administration affect IT spending in the trenches, where technology decision makers are dealing with strapped budgets and a shaky economy? President Barack Obama's official campaign Web site is a model of how 21st century technology tools can boost a candidate's popularity, building significant buzz via blogs, IM applications and e-merchandising. And Obama's campaign wasn't confined to his own site either, because he chose to expand his presence on social networking sites like Facebook, MySpace, Eons and BlackPlanet. His images and words also constantly popped up at outlets such as Flickr, Digg and YouTube. All these efforts made Obama an accessible, immediate and appealing figure to both younger voters and older ones who regularly connect to the Internet. Ultimately, they energized his campaign and helped secure a decisive victory for the nation's first African-American president. Certainly, Obama enters the White House with a reputation as one of the most-if not the most-tech-savvy chief executives ever. For starters, he's created the position of a federal chief technology officer to oversee the future of information technology for government agencies.

Obama administration cybersecurity advisor Melissa Hathaway, in her much anticipated speech before the RSA Conference on Wednesday, suggested that the findings of a study she submitted Friday to President Obama calls for cybersecurity policy to be run from the White House. "The White House must lead the way forward with leadership that draws upon the strength, advice and ideas of the entire nation," said Hathaway, acting senior director for cyberspace for the National Security and Homeland Security Councils. Scant on details, Hathaway in her 2,400-word speech did not explain how federal cybersecurity should be governed, even if it's based in the White House. Two months ago, President Obama charged Hathaway to head up a team to review current cybersecurity policies and processes. "It can be said that the federal government is not organized appropriately to address this growing problem because responsibilities for cyberspace are distributed across a wide array of federal departments and agencies, many with overlapping authorities and none with sufficient decision authority to direct actions that can address the problem completely," Hathaway said. "We need an agreed way forward based on common understanding and acceptance of the problem." Hathaway said the team she assembled addressed all missions and activities associated with the information and communications infrastructure, including the missions of computer network defense, law enforcement investigations, military and intelligence activities and the intersection of information assurance, counter intelligence, counter terrorism, telecommunications policies and general critical infrastructure protection. Task force members held more than 40 meetings with different stakeholder groups during the 60 days and received and read more than 100 papers that provided specific recommendations and goals, she said. "We identified over 250 needs, tasks, and recommendations," Hathaway said. "We also solicited input from gov

Washington insiders say that the Obama administration will be more aggressive with actions to protect consumers online. Two consumer advocacy groups, the Center for Digital Democracy and the U.S. Public Interest Research Group, have asked the Federal Trade Commission to investigate behavioral targeting practices aimed at mobile phone users. The day the FTC received the request and one week before the Obama administration took office, four marketing and advertising associations announced their intent to create an enhanced set of self-regulatory principles for online behavioral advertising. The American Association of Advertising Agencies, Association of National Advertisers, Direct Marketing Association and Interactive Advertising Bureau are said to be reviewing the areas for self-regulation set forth in the FTC's proposed self-regulatory principles issued in December 2007. As marketers, our boundaries for targeting campaigns continue to widen as technology improves. We collect more information than ever before. This, along with the fear of federal regulation, may create a trend for more marketers to take on a dual role as a privacy professional. The International Association for Privacy Professionals (IAPP, https://www.privacyassociation.org/) provides privacy education and certification for privacy professionals.

Last week, President Barack Obama convened a health-care summit in Washington to identify programs that would improve quality and restrain burgeoning costs. He stated that all his policies would be based on rigorous scientific evidence of benefit. The flagship proposal presented by the president at this gathering was the national adoption of electronic medical records -- a computer-based system that would contain every patient's clinical history, laboratory results, and treatments. This, he said, would save some $80 billion a year, safeguard against medical errors, reduce malpractice lawsuits, and greatly facilitate both preventive care and ongoing therapy of the chronically ill. Following his announcement, we spoke with fellow physicians at the Harvard teaching hospitals, where electronic medical records have been in use for years. All of us were dumbfounded, wondering how such dramatic claims of cost-saving and quality improvement could be true. The basis for the president's proposal is a theoretical study published in 2005 by the RAND Corporation, funded by companies including Hewlett-Packard and Xerox that stand to financially benefit from such an electronic system. And, as the RAND policy analysts readily admit in their report, there was no compelling evidence at the time to support their theoretical claims. Moreover, in the four years since the report, considerable data have been obtained that undermine their claims. The RAND study and the Obama proposal it spawned appear to be an elegant exercise in wishful thinking. To be sure, there are real benefits from electronic medical records. Physicians and nurses can readily access all the information on their patients from a single site. Particularly helpful are alerts in the system that warn of potential dangers in the prescribing of a certain drug for a patient on other therapies that could result in toxicity. But do these benefits translate into $80 billion annually in cost-savings? The cost-savings from avoi

Patients' advocates claimed victory in a battle over the privacy of health records as the U.S. Congress approved the economic stimulus bill, which contains $19 billion for health-care information. U.S. House and Senate negotiators' compromise reflects stricter standards that privacy advocates wanted for marketing, selling and disclosing health data. Both houses approved the $787 billion stimulus plan today and sent it to President Barack Obama for his signature. The legislation contains $2 billion in grants to create a national system of computerized health records and $17 billion in higher Medicare and Medicaid reimbursements for doctors and hospitals to adopt the technology. Electronic records will improve care and reduce costs, Obama said. The legislation also will boost the health-records industry, led by Allscripts-Misys Healthcare Solutions Inc., Quality Systems Inc. and Athenahealth Inc. "We've dramatically improved on the status-quo, wholly unregulated system where private patient data was bought and sold like any commodity," Caroline Fredrickson, director of the American Civil Liberties Union's Washington legislative office, said in an interview today.

Next week, the White House will launch a blog to discuss the Obama administration's open government initiative. In a nod to openness and citizen participation in government, the administration also plans to soon open White House blogs to public comments. In a speech to an annual National Archives and Records Administration conference, Beth Noveck, deputy CTO of the open government initiative at the Office of Science and Technology, asserted that the Obama administration continues to make strides toward opening up the government's data and operations to public scrutiny.

Open government? America might just have to learn to read again.

President-elect Barack Obama has promised to computerize all of America's medical records within five years. He made the pledge last week in a speech at George Mason University. "This will cut waste, eliminate red tape and reduce the need to repeat expensive medical tests," he said. "But it just won't save billions of dollars and thousands of jobs, it will save lives by reducing the deadly but preventable medical errors that pervade our health care system." But the road to digitized medical records will be a tough and expensive one, CNN Money reported. Today, only about 8% of the country's 5,000 hospitals and 17% of its 800,000 physicians use electronic medical records. There is also the issue of patient privacy. Numerous hospitals have faced security issues since moving to electronic medical records. The Industry Standard reported on a security breach at a Los Angeles hospital last month. And then there is the cost. Studies done by Harvard, RAND and the Commonwealth Fund peg the cost of the digitization plan between at least $75 billion to $100 billion, according to the CNN article. However, the health care industry spends $2 trillion dollars a year, so the $100 billion may be well worth the long-term savings.

Rarely is the response to a new government initiative a unanimous round of "thumbs up," but so far that seems to be the case regarding yesterday's (April 9) announcement that The Defense Department and the Department of Veterans Affairs will collaborate on building an electronic database of administrative and medical information for U.S. servicemen and women. Since developing a broad electronic health records (EHRs) initiative is a prominent feature of the Obama Administration's economic stimulus plan, it makes sense to start (or at least focus) on a defined segment of the population -- current and past military personnel. But, apart from the specific technology, architecture and technical administration aspects of this program, there will be other challenges in pursuing the goal of EHRs for the military -- challenges that insurance technology executives know only too well. These include collaboration among different and sometimes competing interests (in this case, the Department of Defense (DOD) and the Department of Veterans Affairs (VA), which historically have not worked together as closely as one might imagine); and concerns about privacy and security. In fact, the ways in which the military EHRs initiative addresses the privacy issue could provide some interesting best practices (or actions to avoid) for private-sector players. "Currently, there is no comprehensive system in place that allows for a streamlined transition of health records between DOD and the VA," President Barack Obama said at yesterday's announcement, "and that results in extraordinary hardship for an awful lot of veterans who end up finding their records lost, unable to get their benefits processed in a timely fashion. And that's why I'm asking both departments to work together to define and build a seamless system of integration with a simple goal: When a member of the Armed Forces separates from the military, he or she will no longer have to walk paperwork from a DOD

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A leading technology advisor to President Obama said in a research note for his investment firm today that privacy and net neutrality will be among the biggest telecommunications issues facing the Federal Communications Commission and the administration going forward. Analyst Blair Levin, who was the co-lead of Obama's technology and innovation team along with nominated FCC Chair Julius Genachowski, wrote in a Stifel Nicolaus research note that the economic crisis and change of administration will shift the focus of telecom policy away from traditional phone companies to "Internet/edge" players. Indeed, Google and other Web video and voice companies like Skype have been increasingly active in recent years at the FCC, pushing particularly for net neutrality rules that would prevent carriers from blocking or charging more for certain content that travels over the Web. Levin said in a note that net neutrality will emerge again as an issue in the new administration for wireless networks. On the other hand, there won't likely be a push for new net neutrality rules for cable, DSL, and fiber network carriers at the FCC. "(There is a) consensus emerging that disputes about whether a wireline network management tool is 'reasonable' (or is actually blocking or degrading traffic) to be resolved on a case-by-case basis," Levin wrote in the note with analysts Rebecca Arbogast and David Kaut. It would be a tough climb to impose rules that force wireless carriers to open their networks. Apple and AT&T successfully argued to lawmakers and regulators to keep their exclusive iPhone contract. Skype's petition to the FCC to force carriers to allow any handset or software to operate on any network was shot down by former FCC Chairman Kevin Martin. He said the biggest "sleeper" issue will be privacy. With a major overhaul of healthcare records to the Web, the rise in behavioral advertising and cloud computing, where information is stored in computers strung across many geographies

In October 2001, the Bush administration took an administrative action that would prove sadly symptomatic of its rule. John Ashcroft, then the attorney general, issued a memorandum warning against casual release of information to the public under the Freedom of Information Act. Such releases, Ashcroft said, should be made "only after full and deliberate consideration of the institutional, commercial and personal privacy interests that could be implicated." In case anyone missed the point, Ashcroft added that any bureaucrat who said no to such a request could "be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis." It goes without saying that Ashcroft did not promise any such defense of government employees who released information under the terms of the act. If cavalier disregard of the law and the public's right to hold its government accountable were hallmarks of the recently departed administration, we can only hope that President Obama's response signals a new approach. One of his first presidential acts was to issue a memo to federal agencies on the Freedom of Information Act. It opens by quoting former Supreme Court Justice Louis Brandeis' pronouncement that sunlight is the "best of disinfectants" and continues by trumpeting the act as "the most prominent expression of a profound national commitment to ensuring an open government." Where Ashcroft searched for excuses to withhold information, Obama directed all agencies to "adopt a presumption" in favor of releasing it.

The key points of the plan closely mirror recommendations offered late last year by a bipartisan commission of computer security experts, which urged then president-elect Obama to set up a high-level post to tackle cyber security, consider new regulations to combat cyber crime and shore up the security of the nation's most sensitive computer networks. The strategy, as outlined in a broader policy document on homeland security priorities posted on the Whitehouse.gov Web site Wednesday, states the following goals: * Strengthen Federal Leadership on Cyber Security: Declare the cyber infrastructure a strategic asset and establish the position of national cyber advisor who will report directly to the president and will be responsible for coordinating federal agency efforts and development of national cyber policy. * Initiate a Safe Computing R&D Effort and Harden our Nation's Cyber Infrastructure: Support an initiative to develop next-generation secure computers and networking for national security applications. Work with industry and academia to develop and deploy a new generation of secure hardware and software for our critical cyber infrastructure. * Protect the IT Infrastructure That Keeps America's Economy Safe: Work with the private sector to establish tough new standards for cyber security and physical resilience. * Prevent Corporate Cyber-Espionage: Work with industry to develop the systems necessary to protect our nation's trade secrets and our research and development. Innovations in software, engineering, pharmaceuticals and other fields are being stolen online from U.S. businesses at an alarming rate. * Develop a Cyber Crime Strategy to Minimize the Opportunities for Criminal Profit: Shut down the mechanisms used to transmit criminal profits by shutting down untraceable Internet payment schemes. Initiate a grant and training program to provide federal, state, and local law enforcement agencies the tools they need to detect and prosecute cyber crime. *

Electronic medical recordkeeping may not cut the overall cost of care, but by eliminating redundant procedures and reducing errors, quality may be improved. When physician Andrew Wiesenthal needs to work out a problem, he runs around Lake Merritt, across the street from his Oakland (Calif.) office at Kaiser Permanente. As one of the main drivers behind Kaiser's decades-long, multibillion-dollar effort to overhaul the way patient health records are kept, Wiesenthal has had a lot of laps to run. Doctors and other medical professionals across the country will be working through similar challenges in the coming years. President Barack Obama plans to spend $17.2 billion to induce care providers to maintain patient records electronically, scrapping the current paper-based system. The Obama Administration wants electronic health records for every American by 2014. Obama's predecessor also made a big push for electronic recordkeeping, and many doctors and hospital administrators see upgrading recordkeeping as a good way to improve care. Yet, fewer than 2% of acute care hospitals have a comprehensive electronic health record system in place, with another 8% to 12% using a basic system, according to a study published by The New England Journal of Medicine in March. Adoption isn't much better among physicians. Only 4% have a comprehensive system in place, with another 13% using basic systems, according to a study published in the journal in July. Kaiser Permanente is one of the few exceptions. Today, all of its medical clinics and two-thirds of its hospitals operate in a paperless environment and the rest are scheduled to be completely digitized by next year. Across the system, about 14,000 physicians access electronic medical records for 8.7 million patients in nine states and the District of Columbia.

WASHINGTON (Reuters) - President Barack Obama warned American teenagers on Tuesday of the dangers of putting too much personal information on Internet social networking sites, saying it could come back to haunt them in later life.

It's unclear whether a report being prepared for President Barack Obama on federal information security preparedness will support recent calls for the creation of a new cybersecurity office within the White House, two lawmakers said last week. Instead, the report may recommend a more collaborative and cooperative strategy among federal agencies on the issue of cybersecurity without a single agency or department in charge, they said. Members of the U.S. House Cybersecurity Caucus met with Melissa Hathaway, acting senior director for cyberspace for the National Security Council and Homeland Security Council. Hathaway, who is conducting a 60-day review of federal cybersecurity preparedness on behalf of the president, Thursday presented a status report to members of the caucus. Speaking with reporters after the briefing, Rep. James Langevin (D-R.I.), co-chair of the caucus, and Rep. Yvette Clarke (D-N.Y.), chairwoman of a subcommittee within the Committee on Homeland Security, said it was unclear yet what Hathaway might recommend. Rather than "include another structure" within the White House, there may be a call for an increase in staffing within the White House Office of Management and Budget (OMB) in a bid to improve its current role of overseeing government cyberaffairs, said Langevin. Chances are "there will not be one king," he said. Langevin co-chaired a commission at the Center for Strategic and International Studies, a bipartisan think tank, that has called for the creation of a centralized cybersecurity office in the White House to be named the National Office for Cyberspace. The new office could combine the National Cyber Security Center (NCSC) and the Joint Interagency Cyber Task Force, two existing agencies that are handing cybersecurity today. The U.S. Government Accountability Office (GAO) has also called for a new office dedicated to cybersecurity within the White House. Calls have been prompted by what is perceived as the inability of the U.S. De