strategies in a changing environment: fraud protection v. access
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Strategies in a Changing Environment: Fraud Protection v. Access . 2013 NGS Family History Conference Las Vegas, Nevada. Agenda. RPAC members & participating organizations and how RPAC functions—Jan Alpert, chair - PowerPoint PPT PresentationTRANSCRIPT
Strategies in a Changing Environment:Fraud Protection v. Access
2013 NGS Family History Conference
Las Vegas, Nevada
Agenda• RPAC members & participating organizations and how RPAC functions—Jan Alpert, chair• Model State Vital Statistics Act: The threat and
our response—Jan Alpert, chair• SSDI: Fraud prevention or source of fraud? Tools
to respond—Jan Meisels Allen, VP, IAJGS• Digital Due Process Coalition: Expanding the
circle of influence—Fred Moss, counsel FGS• Congressional Recess: Make your voice heard • Q & A
About RPAC
• Joint Committee of FGS, NGS, and IAJGS• Participating organizations: APG, ASG,
BCG, and ICAPGen. • Other participants: Ancestry & ProQuest• State Liaisons (32 of the 50 states currently
represented)
RPAC Participants• Jan Alpert, Chair, (SC)• Jordan Jones, NGS, (NC)• Donn Devine, NGS (DE)• Darrell Jackson, NGS (MO)• Jan Meisels Allen, IAJGS
(CA)• Ken Ryesky, IAJGS (NY)• Kelvin Meyers, APG (TX)• Alvie Davidson, APG (FL)• Lou Szucs, Ancestry (IL)• Bill Forsyth, ProQuest (MI)
• Josh Taylor, FGS (CA)• David Rencher, FGS (UT)• Curt Witcher, FGS (IN)• Fred Moss, FGS (TX)• Linda McCleary, FGS (AZ)• Joy Reisinger, FGS (WI)• Barbara Mathews, BCG
(MA)• Roger D. Joslyn, ASG (NY)• Linda Gulbrandsen,
ICAPGEN (UT)
RPAC Mission
• Advocate open access to vital records• Support strong preservation policies &
practices• Advise community about federal, state, and
sometimes local regulations and legislation• Coordinate genealogical community response
How RPAC Works• Meetings—FGS & NGS Conferences• Monthly evening conference call—First
Thursday each month• Presentations 2013 at NGS, FGS, & IAJGS• RPAC Blog at http://www.FGS.org/rpac• RPAC email list• State Liaisons mailing list
RPAC Bloghttp://www.fgs.org/rpac/
RPAC Bloghttp://www.fgs.org/rpac/
• SSDI and State regs 2 slides
RPAC Blog
http://www.fgs.org/rpac/publications
Myths that Threaten Access toVital Records
• #1 Vital records should be private records• #2 Access to vital records results in identity theft• #3 Tax fraud is the result of access to the Social Security Death Index
RPAC Positions• #1 Vital records are public records and should be accessible.• #2 Identity theft is primarily the result of large databases being compromised #3 The IRS needs to improve its procedures for electronic tax returns, and flag inconsistent information.
How We Hear About Threats• Members of RPAC committee• Participating organizations in RPAC• State Liaisons • Genealogy Blogs• Library of Congress—Thomas
http://thomas.loc.gov/home/thomas.php
How RPAC Responds to Threats
• RPAC supports and assists local genealogy groups and state liaisons
• Monitors bills in the legislative progresses• Communicates threats and bill status• Prepares written statements for key
committee hearings• Posts sample letters to legislators • Talking Points for visits with your legislators
during late May or July recesses
State Liaisons—How Selected• Normally by state umbrella society, or• By agreement of local genealogical and/or
historical societies• Looking for volunteers interested in the
political process• Who possibly worked in government affairs,
state or local government
State Liaison Responsibilities with Support from RPAC
• Monitor state legislative & regulatory activity• Timely Alert to RPAC• Primary link between state genealogical
community & RPAC• Build a communications network across the
state for a consistent response• Compile state specific data on access and
retention of vital records for RPAC website.
State Liaison Roster
• Elizabeth Wells (AL)• Connie Bradbury (AK)• Linda McCleary (AZ)• Jan Davenport (AR)• Liz Stookesberry Myers
(CA)• Corrine Knasinski (CO)• Robert Rafford (CT)• Donn Devine (DE)• Richard Robinson (FL)
• Elizabeth Olson (GA)• Steve Barrett (ID)• Jeanie Lowe (IL)• Curt Witcher (IN)• Cynthia Hofmeister (LA)• Helen Shaw (ME)• Cynthia Grostick (MI)• Nancy Waller Thomas
(MO)• Verba Valentine (MT)
State Liaison Roster
• Laura Ingenluyff (NV)• Joan Lowry (NJ)• Jud Campbell (NC)• Amy Johnson Crow (OH)• Billie Fogarty (OK)• Leslie Lawson (OR)• James Beidler (PA)
• John Andrews, Jr. (SC)• Byron Crain (TN)• Teri Flack (TX)• John Leppman (BT)• Barbara Vines Little (VA)• Eric Stroschein (WA)• Pam Anderson (WI)
State Liaisons in the room please stand
Liaisons Needed
• District of Columbia• Hawaii• Iowa• Kansas• Kentucky• Maryland• Minnesota• Mississippi• Nebraska
• New Hampshire• New Mexico• New York• North Dakota• Rhode Island• South Dakota• Utah• West Virginia• Wyoming
Current Threats to Access• Model State Vital Statistics Act• Attempts to close access to the Social Security
Death Index
Model State Vital Statistics Act• Current version adopted in 1992. • Many western states have followed Model Act
• Restricts access to birth records for 100 years• Restricts access to marriage, divorce, & death
for 50 years• In 2009 working group began revisions• Genealogical community was not asked to
testify or submit statements
2011 RevisionModel State Vital Statistics Act• Working group reported revision May 2011
• Restricts access to birth records for 125 years• Restricts access to marriage or divorce records
for 100 years• Restricts access to death records for 75 years
• April 2012 Dept. of Health & Humans Services (HHS) put Model Act “on hold”
2011 Revision Model Act• In anticipation of the new Model Act being
approved, several states have introduced bills• Passed in Oklahoma in 2011—no one noticed• Bills introduced in Virginia, Washington,
Oregon, and Texas—mixed results• RPAC, together with state and local
genealogists have been working to stop any adverse changes
Legislatures & State Liaison’sActive in 2013
• Robert Rafford (CT)• Elizabeth Olson (GA)• Helen Shaw (ME)• Billie Fogarty (OK)• Leslie Lawson (OR)• Teri Flack (TX)• Eric Stroschein (WA) • Together with many other genealogists and
organizations in their state
Dept. Health & Human Services• Under HIPAA, federal Health Insurance
Portability and Accountability Act• HHS adopted new rules which include opening
up medical records 50 years after the patient’s death.
• After 50 years difficult to find a legal representative
• Became effective 26 March 2013• Clarity for archives who hold hospital records
Jan Meisels AllenMember, RPAC
IAJGS Vice PresidentChairperson, IAJGS Public Records Access
Monitoring CommitteePresident, Jewish Genealogical Society
of the Conejo Valley and Ventura County (JGSCV)
Genealogists without records can’t do genealogyWe are facing crises worldwide on access to vital
recordsDue to misunderstanding by those in power about
Identity Theft Budget Cuts
RPAC IS CRITICAL TO KEEPING RECORDS ACCESS OPEN
Tool Kit For
State LiaisonsSee:
http://tinyurl.com/83q6t8m
Interview on Records Accesshttp://tinyurl.com/7tlpcbt
Never Watch Laws
or
Sausage Being Made
Bills change subjects from what they originally covered when introduced.
What to do?
Actively monitor and review all future versions of the bill
How to read changes:
Underlined/italicized words are new
Crossed-out words are those being removed
New language in italics
Removed language
crossed-out
Each State Is Different
You need to know how your state writes legislation
How a bill becomes a law
How To Find Your State’s ?
“How A Bill Becomes A Law”
Google it!www.google.com
Nevada
Every step on the
“How A Bill Becomes A Law” is an opportunity to shape the outcome…from the day it is
introduced, the hearings, going to the floor of the legislature, to the
governor’s desk. Take the necessary steps at each opportunity!
Legislation That Effects Access Is Also From US Congress
US Congress Bills http://thomas.loc.gov/home/lawsmade.toc.html How A Bill Becomes A Law: Federal
http://www.congresslink.org/Frantzich/index.htm Lexis/Nexis- short and to the point
http://www.lexisnexis.com/help/CU/The_Legislative_Process/How_a_Bill_Becomes_Law.htm
Legislation That Effects Access Is Also From US Congress
US Congress Bills http://thomas.loc.gov/home/lawsmade.toc.html How A Bill Becomes A Law: Federal
http://www.congresslink.org/Frantzich/index.htm Lexis/Nexis- short and to the point
http://www.lexisnexis.com/help/CU/The_Legislative_Process/How_a_Bill_Becomes_Law.htm
Thomas: Library of Congresshttp://thomas.loc.gov/home/thomas.php
Social Security Death Index/Death Master FileUnder Attack
4 bills in Congress that would remove or limit public access to SSDI
• HR 295—Nugent (R-FL) http://tinyurl.com/al3pb4y• HR 466 (Capuano (D-MA) http://tinyurl.com/bze6vdu• HR 531 (Castor D-FL) http://tinyurl.com/cbfad7n• SB 676 Nelson(D-FL) Feinstein (D-CA) Schumer (D-
NY) http://tinyurl.com/btf35vh
HR 295—Nugent (R-FL) Prohibition on disclosing any information contained in the DMF regarding any individual who died in the previous two calendar years unless the person is certified under a specific program where the person has a ”legitimate fraud prevention interest” in accessing the information described in the DMF. There is no definition of what a “legitimate fraud prevention interest” is and any one violating this provision is subject to substantial monetary penalties. There are no provisions for genealogists to be certified.
HR 466 Capuano (D-MA)
The Commissioner of Social Security is prohibited from publishing the death master file or any public database that includes the Social Security numbers of ANY deceased individual.
HR 531 Castor (D-FL) Same as HR 295Prohibition on disclosing any information contained in the DMF regarding any individual who died in the previous two calendar years unless the person is certified under a specific program where the person has a ”legitimate fraud prevention interest” in accessing the information described in the DMF. There are no provisions for genealogists to be certified.
SB 676 Nelson(D-FL) Feinstein (D-CA) Schumer (D-NY) Cardin (D-MD)
Title III of this bill includes the prohibition of any individual accessing the DMF in the year of death or the next two calendar years unless the person is certified under the program by the Secretary of Commerce. Persons who may be certified include those having a ”legitimate interest” in preventing fraud or unauthorized financial transactions, applicable law, regulation, court order, or fiduciary duty, facilitate administration of an insurance policy and credit reporting. There are no provisions for genealogists to be certified.
White House Expected To Weigh-InIn the annual White House budget proposal the following is part of the DMF/SSDI discussion: “the Administration is proposing to restrict immediate access to the DMF to those users who legitimately need the information for fraud prevention purposes and to delay the release of the DMF to all other users". See: http://tinyurl.com/cdo57rn pages:153 and 206
RPAC Position:
While we advocate all genealogists should have immediate access to the SSDI, we would support a two year delay in
access -and if necessary the third year that National Taxpayer Advocate Nina Olson advocates. This support
is with the caveat that certain genealogists are to be eligible for certification for immediate access for
purposes such as tracking lost heirs, investigating family medical histories, repatriating the remains of deceased individuals to surviving relatives, and other compelling
purposes; These genealogists include: forensic genealogists, heir researchers, and those researching
individual genetically inherited diseases.
Write a Letter to the Committee(s) Which Will Hear the Bill
Who do you include?Committee Chairperson
Committee MembersAuthor of Bill (may or may not be on the committee
hearing the bill)Committee Staff
If bill is going to president or governor for signatureWrite to president/ governor and legislative aide
How To Find Out Where To Write
Go to www.IAJGS.org and click on Legislation
Then on Legislative WebsitesUS State Legislative websites
US CongressCanadian Parliament and Provincial Websites
(there is a link to the IAJGS website from the RPAC home page)
WashingtonLegislature Page
MODEL LETTER CONT’D
Get To Know Your Local RepresentativesAll politics are local!
Each State Liaison and others in your society should get to know:
Your local State RepresentativeYour local State Senator
Your Local CongresspersonYour US SenatorsAnd their staffs!
Your local presence and involvement is key to success!
We need YOU to be the eyes and ears for early alerts about the
bills.
State Liaisons Are Essential
COALITION-BUILDING
YOU ARE NOT ALONE!REACH OUT!
ARCHIVISTSHISTORIANSLIBRARIANS
LOCAL/STATE PRESSOTHER GENEALOGICAL SOCIETIES
RPACOTHER ORGANIZATIONS DEPENDING ON ISSUES
IN BILLS
The coalition members must speak with one voice. Listen to the other points of view to come to a unified position.
Remember each issue is different!
Future bills may find different members of one coalition on different sides for different bills/issues.
Keep all lines of communication open as you never know whom you will be coalescing with on
the next bill.
Fred Moss, JD, LL.M.• Counsel for FGS• Grandfather of the famous author, Evan Moss,
who published his first book at age 7.
Feb 2nd 2012 – What Hit Us?
• House Ways & Means – Johnson Subcommittee
• Genealogists were the Villains
• ID Thieves treated more kindly
• Who poisoned the well?
The Matchmakers
Bradley Jansen Jim Dempsey
Digital Due Process Coalition
• Nearing 100 members
• Microsoft & Google
• AT&T & Electronic Frontier Foundation
• Privacy Advocates & Genealogists
Strange Bedfellows Coalition
• Microsoft & Google
• AT&T & Electronic Frontier Foundation
• Privacy Advocates & Genealogists
Senator Hatch Letter• American Library Association• Association of Research Libraries• Center for Democracy & Technology• Center for Financial Privacy & Human Rights• Competitive Enterprise Institute• Citizen Against Government Waste• Distributed Computing Industry Association• Dick Eastman• Electronic Frontier Foundation
Senator Hatch Letter (cont.)• FGS• Golden Frog• Utah Genealogical Society• Liberty Coalition• Real-Time Collaboration• RPAC• Tech Freedom• Doctor Patient Medical Association• SpiderOak
Evolution of SSDI options
• Total Closure to Public Access• 72 Years• 10 Years• Three Years• Three Years with Urgent Needs• Has the SSDI Vulnerability Closed?• Continuing Threat of Identity Theft!
What is Needed NOW ?
• Do You Know Your Elected Representatives?• Do They Know You?
• Office Visits during Congressional Recess• Last Week in May• First Week in July
• Our Message – See RPAC Publications Page
Questions?
http://www.fgs.org/rpac
Questions?
http://www.fgs.org/rpac