Re: CRIME Computers vulnerable at Oregon department

From: Greg Jorgensen (gregj@private)
Date: Wed Sep 25 2002 - 22:27:00 PDT

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    On Mon, 2002-09-23 at 22:59, T. Kenji Sugahara wrote:
    
    > Risk management needs to be all over this issue.  Identity thieves have
    > already been caught with copies of DMV records on CD.  What's next?
    > Each breach could cost the state millions with ensuing litigation.
    
    
    State agencies, and the people working for them, are often immune from 
    private lawsuits unless the legislation authorizing the agency allows 
    for such suits. A state agency can be sued in Federal court for 
    something like a civil rights violation, but the litigation would be 
    risky and expensive; Federal courts shy away from interfering in state 
    government and apply very narrow interpretations to Constitution when 
    it comes to suits against the government. In the case of something 
    authorized at the state level, like driving license records, the state 
    is probably immune from individuals and outside the jurisdiction of 
    Federal law.
    
    Government agencies and their employees enjoy various levels of 
    immunity from lawsuits for a good reason: the government would lose its 
    effectiveness if everything it did could be challenged in court. And 
    judges would have de facto legislative power (more than they already 
    have) if every complaint against a state agency ended up in court where 
    a ruling had to be made one way or another.
    
    If we want protection from state agencies mishandling personal and 
    confidential information we'll have to do it through the legislature, 
    not through the courts.
    
    I'm not an attorney, your mileage may vary.
    
    --
    Greg Jorgensen
    PDXperts LLC, Portland, Oregon, USA
    



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