2021
VACCINE PASSPORTS: GATEWAY TO FREEDOM OR ETHICAL NIGHTMARE OR BOTH?
See full article (The Reality of Vaccine Passports) and listen to a podcast linked from the New York Times 04/07/21
VACCINE PASSPORTS ARE COMING- SHOULD WE BE CONCERNED ABOUT SHARING OUR VACCINATION STATUS?
See full article in the Portland Press Herald 04/04/21
Is It Time to Try a New Web Browser?
Brian X. Chen explains that there is a difference between private browsing and private browsers. Firefox Focus, DuckDuckGo and Brave and their features are discussed in more detail.
See If You Care About Privacy, It’s Time to Try a New Web Browser, Tech Fix Column, New York Times, 03/31/21
SHOULD SWIPERS BE ABLE TO RUN A BACKGROUND CHECK BEFORE ACCEPTING A DATE?
The privacy implications involved in using the GARBO tool and others like it are well worth thinking about.
See Dr. Levy’s piece from the New York Times 03/31/21
“Match Group — which owns dating and hookup platforms including Tinder, OKCupid and Match.com — is trying to make it easier to obtain data on potential partners. The company announced this month that it would help users run background checks on potential dates. Tinder users will be the first to receive the feature, which will allow them (for a fee not yet determined) to obtain public records on a match, based only on first and last name, or a first name and phone number.”
Karen Levy, You Had Me at ‘Has Never Filed for Bankruptcy’
Will using and Opt-in Approach Help Curb the excesses of Big Tech?
Read America, Your Privacy Settings Are All Wrong
See New York Times Opinion piece 03/6/21
Maine Lawyer Sues to Get Access to State Police Crime Lab Records
York County Lawyer Amy Fairfield filed a Freedom of Access Act Complain int Superior Court seeking access State Crime Lab Records including employee disciplinary actions. Attorney “Fairfield said she’s seeking in-depth records on the operations of the Maine State Police Crime Laboratory because scientific evidence, particularly DNA analysis, has become a critical and sometimes deciding part of criminal court cases. She said Mainers should have more information on how the state’s sole criminal laboratory analyzes evidence.”
See Full Portland Press Herald 3/3/21 Article at:
https://www.pressherald.com/2021/03/03/lawyer-wants-access-to-maine-crime-lab-records/
Portland Paper Sues Maine State Police Over Non-Disclosure of Disciplinary Records
On 2/22/21, the Portland Press Herald filed a Freedom of Access Act lawsuit in the State’s Superior Court against the Maine State Police. The suit seeks access to disciplinary records that the paper alleges could shed light on how the agency handles complaints of misconduct and rule-breaking among its ranks.
See full 2/23/21 article on the Portland Press Herald’s website at
Print Media Initiatives Allow Subjects Of Past Stories Reporting on Crime To Rewrite the Stories
Is this a fresh start for individuals or an opportunity to rewrite or otherwise erase parts of history?
Here’s a link where you can find a 1/28/21 discussion between NPR’s Ari Shapiro talking with John Watson, an associate professor of journalism ethics, about newsroom initiatives to allow subjects of previous crime reporting to reclaim their media narratives.
And another vantage point from a 1/25/21 article posted by Nieman Lab about the Boston Globe’s initiative
Group Giving Vaccines to Seniors quietly switched to for-profit model and added privacy policy that would allow it to sell users’ personal data.
Senior Citizens tricked into providing personal data in exchange for COVID-19 vaccinations. The scams are just beginning and risks to information privacy come right along with them.
See full Portland Press Herald article published January 27, 2021.
Is your digital life a mess?
Here are some tips for cleaning up your digital life from the New You Times Wire Cutter:
Delete Accounts You Don’t Use
Remove Browser Extensions You Don’t Use
Delete Software You Don’t Use
Delete Apps You Don’t Use
Audit Third-Party App Access
Remove Yourself from Public Records Sites
Reset and Recycle Old Electronic Devices
See the full article published January 25, 2021
https://www.nytimes.com/wirecutter/blog/tidying-your-digital-life/
Privacy Related Bills Submitted to 130th Maine State Legislature
Bills submitted prior to cloture on December 18, 2020 but not yet printed:
L.R. 84 An Act to Limit Access to Juvenile Case Records and Protect the Confidentiality of Juvenile History Record Information
L.R. 234 An Act To Protect the Private Information of Maine Citizens
L.R. 714 An Act To Provide Electronic Access to Confidential Juror Information
L.R. 722 An Act to Protect Student Privacy
L.R. 807 An Act Regarding Telemarketing
L.R. 1118 Resolve, To Expunge Criminal and Civil Records Related to Marijuana Activities Legalized by the Voters of Maine
L.R. 1137 An Act to Protect the Privacy of Absentee Voters
L.R. 1188 An Act To Automatically Seal All Crimes Decriminalized in the 130th Legislature
L.R. 1274 An Act To End the Maine Information Analysis Center Program
L.R. 1311 An Act To Protect the Privacy of Absentee Voters
L.R. 1332 An Act To Protect Privacy and Security at the Bureau of Motor Vehicles
L.R. 1227 An Act To Remove Barriers to Employment by Sealing the Records of Persons Convicted of Certain Nonviolent Crimes
L.R. 1228 An Act To Increase Privacy and Security by Prohibiting the Use of Facial Surveillance Technology by Certain Government Officials
L.R. 1250 An Act To Reduce So-called Robocalls and Automatically Dialed Telephone Calls by Requiring Entities Providing Telephone Service To Provide Technology Reducing the Number of Robocalls and Automatically Dialed Telephone Calls at No Cost to the Customer
L.R. 1302 An Act To Protect Teachers’ Privacy While Delivering Remote Instruction
L.R. 1303 An Act To Increase Transparency in the Maine Legislature by Removing Certain Freedom of Access Act Exemptions
L.R. 1338 An Act To Provide a Process for Expungement of Certain Criminal Records
L.R. 1339 Resolve, To Create a Criminal Records Review Committee
L.R. 1340 An Act Regarding a Post-judgment Motion by a Person Seeking To Satisfy the Prerequisites for Obtaining Special Restrictions on the Dissemination and Use of Criminal History Record Information for Certain Criminal Convictions
L.R. 1446 An Act To Protect an Individual’s Personal Data
L.R. 1476 An Act To Protect the Privacy of State Officials, Employees and Board Members
L.R. 1507 An Act To Improve Transparency in State Code and License Violations by Making Public the Names of Complainants
L.R. 1595 An Act Directing the Maine Center for Disease Control and Prevention To Release Annually Certain Public Health Data
L.R. 1601 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Create a Right to Privacy
LR. 1602 An Act To Protect the Information Privacy of Maine Residents
L.R. 1603 An Act To Prevent Violations of Privacy Caused by the Use of Drones
L.R. 1604 An Act To Create a Data Broker Registry and Improve Consumer Protections
L.R. 1606 An Act To Prevent Telephone Companies from Giving Municipal Exchange Numbers to People or Businesses without a Verified Address in That Exchange
L.R. 1607 An Act To Protect Data Privacy and Security in Elections
L.R. 1753 An Act to Protect Maine Residents and Organizations from Unreasonable and Illegal Surveillance, Monitoring and Tracing
L.R. 1824 An Act to Create the Biometric Privacy Protection Act
L.R. 1832 An Act To Limit Spam Texting
L.R. 1842 An Act To Enact the Maine Data Collection Protection Act
L.R. 1878 An Act To Promote Equity in Policy Making by Enhancing the State’s Ability To Collect, Analyze and Apply Data
L.R. 1913 An Act To Enact the Smart Home Device Privacy Protection Act
L.R. 1959 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish Personal Privacy as a Natural Right
Source: https://legislature.maine.gov/doc/4808
Courthouse News Service Analyzes Florida Court Record Access.
See article from Courthouse News Service website which includes links to three related articles: https://www.courthousenews.com/bones-of-access-discovered-in-florida/
2020:
Maine courts have improperly sealed public records for years, after agreeing to end practice
Media organizations led by the Lewiston Sun Journal objected and asserted the public’s right to know what happens in the state’s courtrooms and challenged the state courts’ sealing of court records. In 2016, the courts agreed to reverse that policy but it seems that change never happened. In response to renewed objections and questions from the print media, a court spokeswoman said the practice would stop.
Portland Press Herald Article from 11/18/20 can be viewed here:
Three defense lawyers filed federal lawsuit alleging company illegally recorded their calls with clients incarcerated in county jails.
Maine attorneys filed a federal wiretapping lawsuit last week, and they are asking for class-certification status to represent other lawyers as well. The plaintiffs are accusing the company, Securus Technologies, of violating an ethical standard by recording hundreds of confidential calls. Securus has faced similar lawsuits over recorded phone calls in other states.
Portland Press Herald Article from 8/19/2020 can be viewed from here:
https://www.pressherald.com/2020/08/18/lawsuit-alleges-illegal-wiretapping-in-maine-county-jails/
Enforcement of Maine’s strict online privacy law begins without clear strategy
The law dictates that internet providers must gather express, affirmative consent from customers before collecting any of their identifying data, such as location, browsing history or device identification. Providers also must give customers “clear, conspicuous and non-deceptive notice” of their rights at the point of sale, and are not allowed to offer promotions to customers who choose to give consent to have their data collected or refuse service to those who do not.The state’s attorney general said most internet service providers affirm they are complying, but a group of large providers is fighting the law in court.
Portland Press Herald article from 8/7/2020 available at :
see also
New England Based Lawyers weigh in on Maine’s Internet Privacy Law
Attorneys Peter Guffin and Ariel Paradee authored a piece entitled Maine: Internet privacy law advances consumer privacy protection and fills a federal-level regulatory void
Although the Act has been lauded by consumer privacy advocates, not all persons affected by its enactment are celebrating. Earlier this year several BIAS industry associations united to bring suit against the Maine attorney general in federal district court challenging the legality of the Act on a number of grounds. Specifically, the plaintiffs allege that the Act constitutes a facially unconstitutional violation of the First Amendment, is unconstitutionally vague, and is preempted by federal law. In an order dated July 7, 2020, and after considering not only the arguments of the parties, but also the arguments of a number of amici, the court denied the plaintiffs’ motion for judgment on the pleadings with respect to each of their claims, and granted the Maine attorney general’s cross-motion for judgment on the pleadings with respect to the plaintiffs’ preemption claims. Left remaining in the litigation for the court’s consideration are plaintiffs’ First Amendment claim and void for vagueness claims.
….
The bottom line is that many questions about the Act remain unanswered, not the least of which is whether it will survive the current court challenge. Separately, another key question is whether other states will follow with similar legislation. As we continue to keep an eye on the Act and its enforcement, as well as the efforts of other state legislatures to regulate consumer privacy in this space, we will keep you posted on any significant developments.
From Pierce Atwood’s Client Alert dated July 22, 2020, https://www.pierceatwood.com/alerts/discovering-legal-hurdles-trying-protect-consumer-internet-privacy-state-maines-experience
The Full Article published by One Trust DataGuidance on July 23, 2020 can be found at:
Legislators Support Repealing Law that Keeps Police Surveillance Techniques a Secret
Portland Press Herald Article from 7/15/2020
Legislative Criminal Justice and Public Safety Committee endorses a proposal to strike down a law that lets police agencies in Maine deny public records requests, but state police say such responses are warranted in some cases.
Recording of 837 attorney-client phone calls in 4 county jails ‘borders on the ridiculous’
Bangor Daily News Article from 7/11/2020
Four county jails that detain defendants before trial inappropriately recorded confidential phone calls in a massive breach of attorney-client privilege.
The defense bar, prosecutors and the jails share the government’s responsibility to protect inmates’ constitutional right to access a lawyer. When calls are being monitored or recorded, it fundamentally changes the nature of the conversations, limiting what inmates will share and the legal advice they receive in return.“If it’s been difficult to have anyone or any one entity accept blame. That’s probably because there’s plenty of blame to go around,”
Zach Heiden, Policy Director ACLU Maine
June Hack of Maine police data means hundreds must be notified about leak
Portland Press Herald article from 7/11/2020
A data breach exposed thousands of sensitive law enforcement reports from Maine’s police intelligence center and is slowing the secretive unit’s daily operations and requiring staff to spend time combing through the documents to notify people, including criminal suspects, that their personal information was leaked.
Press Herald Editorial Board Urges that Maine’s Internet Privacy Law is Legal
Will the Press Herald Editorial Board continue to take a stand for privacy? I am sure we will find out in the future.
Maine Voices Portland Press Herald from 7/9/2020
Much of legal challenge to Maine’s internet privacy law rejected by Federal Judge
Portland Press Herald Article from 7/7/2020
Four internet industry groups representing internet service providers and led by a Pennsylvania-based trade group called ACA Connects sued in February seeking to block the law, arguing that it violates First Amendment protections by, among other things, restricting the providers from advertising or marketing services to customers or from offering discounts or rewards in loyalty programs.
U.S. District Court Justice Lance Walker rejected most of the providers’ legal challenge Tuesday, calling it a “shoot-the-moon argument.” “Like Harold with a purple crayon, Plaintiffs have drawn themselves a steep mountain to climb” in seeking a quick ruling, Walker said.
Full article: https://www.pressherald.com/2020/07/07/federal-judge-rejects-much-of-legal-challenge-to-maine-internet-privacy-law/
See Also Bangor Daily News Article from 7/7/2020
See related ISP notes for 2019 & 2020 below
Maine lawmakers will question top police officials about race disparities, surveillance tools
Portland Press Herald Article from 6/19/20
Maine legislators from standing committees for the judiciary, and criminal justice and public safety, questioned Public Safety Commissioner Michael Sauschuck and Attorney General Aaron Frey face questions in public, providing a hint that lawmakers may plan to enact reforms or structural changes as advocates are demanding change in the midst of nationwide protests against systemic racism and police brutality.
Courts Struggle to Provide Access during Pandemic
Portland Press Herald Article from 6/1/2020
See C-TAP’s post in Court Records (Maine)
See full article at link below:
https://www.pressherald.com/2020/06/01/maine-courts-struggle-with-public-access-during-pandemic/
Hallowell Representative Introduces Bill Aimed at Lifting Shroud of Secrecy Covering Police High Tech Surveillance
Portland Press Herald Article from 3/3/2020
“We as Mainers are really interested in our privacy. That’s sort of at the center of who we are, at least the way I was raised,” Rep. Chartlotte Warren said. “My colleagues in the Legislature share the importance of protecting the privacy of their constituents.”
Rep. Charlotte Warren, D-Hallowell, introduced L.R. 3227 in response to an an unusual (Glomar) provision in state law that allows DPS to conceal whether they are using advanced technologies capable of conducting mass surveillance of Mainers, including citizens who are not convicted of a crime. The bill would require Maine State Police to be more transparent about their use of facial recognition and other surveillance technologies .
Public Safety Commissioner Michael Sauschuck explained that DPS does not use the technology to “conduct ‘surveillance’, ‘spying’, tracking or monitoring of the general public or individuals not suspected of criminal activity;” however, the Glomar provision has been used to withhold information about what type of technologies police are deploying, how much money is being spent on the technologies and what policies are in place to prevent misuse and protect the privacy of innocent people.
An Opinion Piece about the Tradition of Same-Day Access to Complaints in American Courts
Courthouse News Service 2/25/2020
In the wake of a federal court decision requiring same-day access to civil complaints in Virginia state courts (in most instances), Bill Gardner explains Courthouse New Service’s experience about accessing court records in various state courts.
Read the full Editorial and access actual trial transcripts here:
Internet service providers [ISP] sue Maine over Provisions of the strictest consumer privacy protections in the country
Portland Press Herald Article from 2/19/2020
Four national associations representing internet service providers sued Maine officials over a law that requires companies to get opt-in consent from customers before sharing or using their personal data. The 32-page complaint, filed on 2/14/20 in U.S. District Court in Portland, says Maine’s law violates US Constitution’s First Amendment protections by, among other things, restricting ISPs from advertising or marketing services to customers or from offering discounts or rewards in loyalty programs.
See the full story in the Press Herald–
https://www.pressherald.com/2020/02/19/internet-service-providers-sue-maine-over-privacy-law/
See our 2019 Notes below: Local Maine Attorneys Explain New ISP Law & Maine State Legislature Enacts ISP Law.
Maine lawmakers seek to change law that lets police conceal use of high-tech surveillance
Portland Press Herald Story from 2/11/2020
“Two Democratic state lawmakers say they’re working with civil liberties advocates to change a state law that police say allows them to conceal any use of surveillance technology such as facial recognition scans or cellphone signal interceptors.
Maine State Police say the law also means the agency does not have to reveal whether it has policies to protect the privacy of citizens, or how much money is being spent on the technologies.”
2020: The Massachusetts Legislature Hits the Pause Button on Comprehensive Consumer Data Privacy
“The future of comprehensive consumer data privacy in Massachusetts is now more uncertain. One thing is clear: a new data privacy law will almost certainly not be coming to Massachusetts in the current legislative term. However, a comprehensive consumer data privacy law may be introduced and passed in the next legislative term, and before the U.S. Congress passes any federal legislation on the issue. The current legislative term comes to an end at the close of this year, and sponsors may introduce new legislation at the start of the new term in January 2021.”
For more details visit Attorneys Guffin & Conroy’s post at:
2019:
Maine Government Sells Data
WCSH 6 Story: State sale: Your personal info is being sold
“Since 1994, state governments have been selling residents’ information. It led Congress to create the Driver’s Privacy Protection Act (DPPA), regulating who and what information can be released and sold. Some states are still selling information, but the profits vary, and according to the DPPA, it’s all legal.”
Internet privacy [ISP] law is a good first step, but much more needs to be done
From Press Herald Maine Voices for 11/30/2019
Most Americans believe that the threat to personal privacy online is a crisis. The legislation passed this year is a good first step in protecting Mainers, but more needs to be done. Luckily, our lawmakers still have the chance to amend this law before its implementation next July. I am confident they will provide Mainers the privacy protections we deserve.
Elena Perrollo
For full test see https://www.pressherald.com/2019/11/30/maine-voices-internet-privacy-law-is-a-good-first-step-but-much-more-needs-to-be-done/
Maine Law School Earns Top Tier Status with International Association of Privacy Professionals
Tier 1 Schools offer a certification or formal concentration in privacy law (or close equivalent) that results in students receiving formal recognition of their chosen specialization. Formal recognition requires a notation on students’ final transcripts. Only 3% of the schools surveyed achieved this status. The University of Maine School of Law was one of the 7 who received this distinction.
https://iapp.org/resources/article/privacy-us-law-schools-westin-center/
https://iapp.org/news/a/how-my-summer-internship-lead-to-the-iapps-law-school-tiering-project/
Maine Law recognized as a top law school for the study of information privacy law
Maine Enacts New Breach Notification Law
Effective September 19, 2019, P.L. chapter 512 added municipalities, school administrative units to those entities required to report data breaches and amended 10 MRS sec. 1348 (Maine’s data breach notification law) to require notification to affected residents within 30 days after an entity becomes aware of a breach of PII.
http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0209&item=5&snum=129
Local Maine Attorneys Explain New Internet Service Provider [ISP] Law
Maine State Legislature Enacts Internet Service Provider [ISP] Law
Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using personal information, including browsing history. (effective July 2020)
https://iapp.org/news/a/maine-gov-signs-new-privacy-bill-into-law/
2018
Open Courts Compendia- Maine & the First Circuit
Updated: March 2018
The Authors’ summaries of relevant authorities related to open courts and court record access. in various jurisdictions.
Author: Sigmund D. Schutz, Esq. provides information about Maine and the First Circuit Court of Appeals at the following links:
https://www.rcfp.org/open-courts-compendium/maine/
https://www.rcfp.org/open-courts-compendium/1st-circuit/
2017
Maine’s Supreme Court to Debate Online Records Access
A $15 million state taxpayer-funded digital records project is fueling discussion around who should have access.
https://www.govtech.com/policy/Maines-Supreme-Court-to-Debate-Online-Records-Access.html
Pre-2017:
Maine Laws on Privacy, Identity Theft and Data Security Breaches
https://www.maine.gov/ag/consumer/identity_theft/index.shtml