Moritz Faculty
Faculty in the News
Moritz College of Law faculty members are increasingly finding themselves in the spotlight as reporters seek them out for expert comment on today's headlines. The topics cover a wide range, such as the death penalty, artificial insemination, and voting machines. Just as varied are the locations of the publications or news outlets, ranging from small town newspapers to wire services with international distribution.
The following is a list of selected media coverage for Moritz faculty members. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes. Contact Barbara Peck, Chief Communications Officer, for any media requests at (614) 292-0283.
Peter P. Swire Media Hits
The following is a list of selected media coverage for Peter P. Swire. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes. (Return to Faculty Bio)
How to Prevent the ‘Do Not Track’ Arms Race
Apr. 24, 2013
Professor Peter Swire wrote a column for Wired magazine regarding the national controversy around the "do not track" debates. "Without effective targeting and tracking, ad revenue could plummet and lead to the shuttering of many popular websites that rely on third party ads as their primary source of revenue. Those who buy and sell behavioral advertising and retargeting point out that advertising revenue supports the diverse array of free content available on the internet," he wrote.
Sen. Jay Rockefeller Blasts Ad Industry In Senate Hearing Over Do Not Track
Apr. 24, 2013
Professor Peter Swire's column in Wired magazine was cited in an article on AdAge.com about negotiations regarding the Do Not Track efforts. "In a Wired opinion piece published today, Mr. Swire, professor of law at the Moritz College of Law of the Ohio State University, wrote, "A negotiated Do Not Track standard offers the best way to avoid the arms race: It would allow individual users to indicate whether they wish to have personalized ads based on their surfing habits," the article read.
Enlocked Appoints Peter Swire, Privacy and Cybersecurity Expert, as Advisory Board Member
Apr. 10, 2013
Professor Peter Swire has been named the C. William O’Neill Professor of Law at the Ohio State University, a Senior Fellow at the Future of Privacy Forum and the Center for American Progress, and Policy Fellow at the Center for Democracy and Technology, to Enlocked's advisory board, effective immediately, according to the San Fransisco Chronicle.
Web browsers consider limiting how much they track users
Mar. 14, 2013
Professor Peter Swire was quoted in an article in the Washington Post regarding Internet privacy and tracking devices built into certain web browsers. “We’re at the risk of an arms race here,” said Swire, a Clinton administration privacy expert who is now an Ohio State University law professor. “This could break the Internet. It interferes with existing browsing models, and it puts bigger pressure on users to take escalating steps to protect their privacy.”
Can Do-Not-Track Still Be Salvaged?
Feb. 20, 2013
Professor Peter Swire was quoted in an article by The Daily Online Examiner about the progress of the "do-not-track" efforts. "There are positive things from Boston," he said. "The tone was professional and positive. At some earlier meetings, there had been personal attacks and a difficult tone. In Boston, people worked hard on the substance, and they did so in a professional way."
Security cameras multiply, raising privacy concerns
Jan. 29, 2013
Professor Peter Swire weighed in on an article in The Columbus Dispatch about the increase in security cameras and its effect on privacy.
Swire said limits should be put on how lawmakers utilize security cameras. “(It’s) not a good idea to connect all the cameras and let the cops see everyone, everywhere,” he said.
Tech giants brace for more scrutiny from regulators
Jan. 4, 2013
Professor Peter Swire was quoted in an article in The New York Times regarding Internet security laws. “Now that the election is over, Silicon Valley companies each are thinking through their strategy for the second Obama administration,” said Swire. “The FTC will have a new Democratic chairman. A priority for tech companies will be to discern the new chair’s own priorities.”
Ex-White House Official Aims to Get 'Do Not Track' Back on Track
Dec. 6, 2012
Professor Peter Swire was quoted in an article by the National Journal regarding his recent appointment as a mediator for the "Do Not Track" discussions. “My first job is to be a good listener,” Swire said in an interview on Tuesday. “There are many different stakeholders. There are quite a few difficult issues but [the goal is] also worth achieving.”
Mediator Appointed in ‘Do Not Track’ Efforts
Nov. 28, 2012
Professor Peter Swire has been appointed to mediate the "Do Not Track" efforts regarding Internet privacy of citizens. He was quoted in an article regarding this matter in the New York Times. “People can choose not to have telemarketers call them during dinner. The simple idea is that users should have a choice over how their Internet browsing works as well,” Mr. Swire said in a phone interview. But he added: “The overarching theme is how to give users choice about their Internet experience while also funding a useful Internet.”
Privacy professor to try to break Do Not Track logjam
Nov. 27, 2012
Professor Peter Swire was quoted in an article on CNet.com regarding his appointment to mediator of the "Do Not Track" negotiations. "I personally would not like to have an Internet where I believed that each moment of my browsing might easily be breached and shown to the entire world," he told the Senate. "For you and your families, it would reduce the quality of the Internet if you thought that any page you visited needed to be treated like something that might be released to the public."
Professor to Try to Salvage Troubled “Do Not Track” Deal
Nov. 27, 2012
Professor Peter Swire was quoted in an article in the Wall Street Journal regarding his role as mediator of the negotiations on the "Do Not Track" deal. "We’re starting immediately and working intensively during the next couple months,” Mr. Swire said.
Daily Report: Law Enforcement vs. Cellphone Privacy
Nov. 26, 2012
Professor Peter Swire was quoted in a New York Times article on needed revisions to the Electronic Communications Privacy Act, which was passed in 1986. “It didn’t take into account what the modern cellphone has — your location, the content of communications that are easily readable, including Facebook posts, chats, texts and all that stuff,” Swire said.
Courts Divided Over Searches of Cellphones
Nov. 25, 2012
Professor Peter Swire was quoted in an article in the New York Times about laws regarding searches of cell phones for legal evidence and how much privacy cell phone users have the right to. "It (1986 Electronic Communications Privacy Act) didn’t take into account what the modern cellphone has — your location, the content of communications that are easily readable, including Facebook posts, chats, texts and all that stuff,” Mr. Swire said.
Clipped Wings
Oct. 1, 2012
Professor Peter Swire was quoted in a Corporate Counsel article about the plight of the Privacy and Civil Liberties Oversight Board, which was set up to provide a safeguard against overzealous government intrusions on privacy during the fight against terrorism. After four years, the Senate finally confirmed four board members, but not chairman, who is the only person empowered to hire staff. "Clearly, the board cannot carry out its work as the statute intends if there is no chairman in place," Swire said.
Download, print, fire: gun rights initiative harnesses 3D technology
Sep. 26, 2012
Professor Peter Swire was quoted in a Guardian article about gun enthusiasts using 3D printers to be able to manufacturer guns in their homes with no licenses or regulations. The project recently received a grant and the cost of 3D printers has dropped significantly. "What's important here is the ability to turn software into a gun anywhere in the world," said Swire. "I think the big question is how many 3D printers are we going to have? The more 3D printers the more gun factories there are."
'47 percent' recording may be illegal
Sep. 18, 2012
Professor Peter Swire was quoted in a Politico article questioning whether the recording of Presidential Candidate Mitt Romney saying that 47 percent of the country won't vote for him because they see themselves as victims and do not pay taxes was obtained illegally. "I think there are good arguments both ways under the statute. Both sides can write a good brief now," Swire said.
Did Secret Recording Of Romney Fundraiser Break Florida Wiretap Law?
Sep. 18, 2012
Professor Peter Swire wrote a guest blog post for ThinkProgress on whether the secret tape recording of Presidential Candidate Mitt Romney infamous "47 percent" quote was acquired illegally under Florida's wiretap law. In the post, Swire reviews three possible defenses the unknown person who made the tape might have available.
Cautious Moves on Foreclosures Haunting Obama
Aug. 19, 2012
Professor Peter Swire was quoted in the New York Times in an article focusing on the Obama Administration's lackluster efforts to help homeowners facing foreclosure. "They were the most experienced financial crisis team that you could have, but when you have economists like Larry Summers working on things — well, Larry Summers is a macroeconomist. He’s not a case worker,” Swire said.
Critics urge Congress to undo Supreme Court privacy decision
Aug. 2, 2012
Professor Peter Swire was quoted in a Legal Times article for his speaking, as part of a panel of lawyers, to Congress August 2 about the undoing the Supreme Court’s ruling in Federal Aviation Administration v. Cooper. Under the ruling, medical information shared by government agencies can’t recover someone’s emotional damages.
"I think emotional harms that are proven to a judge are real harms here, and we should put that back in the law," Swire said.
Privacy board at center of cyber bill is dormantback
July 31, 2012
Professor Peter Swire was quoted in a Politco Pro article about the Privacy and Civil Liberties Oversight Board being paralyzed and the effect that has on a cybersecurity bill.
"We'll have information sharing, but not the oversight," Swire said. "Depending on the bill, we might repeal privacy protections and have nothing in place to make up for that."
This Week in Tech: Cybersecurity showdown arrives in Senate
July 30, 2012
Professor Peter Swire was recognized in an article by The Hill for being a witness at hearing in consideration of updating the 1974 Privacy Act July 31.
The Importance of Self-Regulation in Improving Digital Privacy
July 10, 2012
Professor Peter Swire was mentioned in a Law.com article for his testimony regarding consumer internet privacy protection. The article, which focused on the National Association of Attorneys General launching a digital privacy initiative, noted Swire said “self-regulation works best when there is a credible threat that government will step in if industry does not do a good job.”
Feds send message by fining Google
July 10, 2012
Professor Peter Swire was quoted in a POLITICO article about Google potentially being fined $22.5 million by the Federal Trade Commision.
“Previously, the consent decrees were mostly promises to be good in the future. Now the FTC has spanked someone,” Swire said.
Advertising industry says they collect user data to protect us
June 29, 2012
Professor Peter Swire was the focus of a Death and Taxes Magazine article about his testifying in the Senate Commerce Committee’s hearing “The Need for Privacy Protections: Is Industry Self-Regulation Adequate?”
The article suggested Swire’s take was “astonishing” that “if the website and advertisers respected consumers’ desire for a Do Not Track standard, cybersecurity would be put at risk.” It also noted, “It’s a win-win relationship, and Mr. Swire said what both government and business never utter- they are in this together.”
Rockefeller Says He Doesn't Trust Industry to Regulate Itself on Privacy
June 28, 2012
Professor Peter Swire was quoted in a National Journal article which was also published on Nextgov.com. In the article, regarding U.S. Sen. Jay Rockefeller (D-W. Va.) supporting legislation to restore trust in self-regulating companies to protect online consumer privacy, Swire said, “Industry works a lot harder at this when government is paying attention.”
Privacy self-regulation efforts are working, senators told
June 28, 2012
Professor Peter Swire was quoted in a Computerworld article.
In the article, which was about online privacy protection, especially regarding Senator John Rockefeller’s push for legislation on the issue, Swire said of online companies, “The industry works a lot harder at this when government is paying attention."
OVERNIGHT TECH: Republicans call for FCC reform in wake of indecency ruling
June 21, 2012
Professor Peter Swire was noted in The Hill in an article as being scheduled to be a witness in a follow-up hearing June 28 regarding the Federal Communications Commission’s procedure in fining ABC and Fox for broadcasting indecent content.
Data in transit encryption makes cloud storage better law enforcement target
June 13, 2012
Professor Peter Swire’s paper From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud was referenced in a FierceGovernmentIT article.
The article, about date encryption and law enforcement, detailed that Swire wrote “major webmail providers such as Gmail and Hotmail now automatically encrypt emails. Law enforcement has traditionally relied on intercepting communications as they transit through a network, but encryption makes that increasingly ineffective.”
Encryption could drive government to break into your cloud
June 13, 2012
Professor Peter Swire’s paper From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud was referenced in a NextGov article.
The article, about web encryptions posing difficulties for law enforcement, quoted from the paper, “Effective encryption is in the midst of becoming the default way that many communications occur on the Internet. … government access to communications thus increasingly relies on a new and limited set of methods, notably featuring access to stored records in the cloud.”
Obama Housing Fix Faltered on Carrots-Not-Sticks Policy
June 11, 2012
Professor Peter Swire was quoted in a Bloomberg Businessweek article about President Barack Obama’s attentiveness toward the U.S. housing crisis.
“Getting the financial system to work was a huge priority,” Swire said of the 2008 financial crisis. “The vote on cram-down happened in that context.”
Digital Afterlife: What happens to your online accounts when you die?
June 1, 2012
Professor Peter Swire was quoted in an article on MSNBC’s Rock Center. The article is about the fate of online accounts after its administrators die, specifically in the case of the death of Benjamin Strassen and his Facebook account.
“Some evil prankster might pretend that a person is dead and try to take control of the account, so the online companies are understandably careful before they turn over the account to someone who says they run the estate,” Swire said.
The article was also referenced by the Daily Mail.
Proposed bill would protect workers' privacy
May 30, 2012
Professor Peter Swire was quoted in an article by The Marion Star regarding proposed Senate Bill 351, which would make it illegal for employers to view or request passwords for prospective or current employees’ online accounts.
Swire said the bill has the same principle as the federal Employee Polygraph Protection Act. "That's the idea that certain things are private, and you can be a good employee but you don't have to tell your boss what you really think in your heart," Swire said.
Bill prevents employers from accessing workers' online accounts
May 29, 2012
Professor Peter Swire weighed in on a Newark Advocate article about Senate Bill 351, which would make it illegal for employers to access employees’ online accounts or interactions, being introduced to the Ohio Statehouse.
"These laws are good," Swire said. "They send a clear signal to employers to keep out of the personal lives of your employees."
This Week in Tech: Senate hearing could be debut for new FCC
May 14, 2012
Professor Peter Swire was noted by The Hill as being a part of a panel scheduled to examine briefings in the Congressional Internet Caucus Advisory Committee’s 2012 Government Policy Series titled “New Internet Privacy Legislation: What the White House, Federal Trade Commission and the European Commission are recommending.”
From 'Cool To Criminal': A Warning For Internet Service Providers
May 10, 2012
Professor Peter Swire was quoted in an article on JD Supra about file sharing.
The article's headline was inspired by Swire's quote: “File-sharing service providers in the wake of the Mega Upload saga ‘have gone from cool to criminal all at once.’ ”
Moving too fast on cybersecurity
Apr. 20, 2012
Professor Peter Swire wrote an article for The Hill about Congress' fast-paced actions toward cybersecurity.
“The cybersecurity bills before Congress are not likely to significantly improve cybersecurity, might actually undermine it while impeding technological innovation and could pose serious threats to long-established privacy and civil-liberty protections,” Swire wrote.
Google Glasses: Will You Want Google Tracking Your Eyes?
Apr. 5, 2012
Professor Peter Swire was quoted in an article by ABC News discussing the implications of Google's newly revealed foray into wearable technology, Project Glass. It takes the form of glasses for users to wear and augment reality, such as receiving the weather report by looking toward the sky.
Swire said he is worried about the potential of advertisements embedded into the technology as well as the tracking policies.
“Advertising won’t skip this platform, but there will be ongoing battles about how pervasive the ads will be and how users will turn them off," Swire said.
“Will Google Glasses use the same all-or-nothing approach?” Swire asked. “We have got ‘Do not Call’ and ‘Do not Track;’ we will see if we get ‘Do not See.’”
Out of Their Depth
Mar. 24, 2012
The Nation quoted Professor Peter Swire for his time as an economic official to President Barack Obama’s transition team after the inauguration. The article was about the economic team’s approach to the housing crisis.
“Housing was 30 months in the hole when Obama was elected,” Swire said. “The first goal was to stabilize.”
You consent to a search if a camera sees you? Facial Recognition vs 4th Amendment
Mar. 22, 2012
Professor Peter Swire was quoted by Network World for his speaking on facial recognition as a senior fellow at The Future of Privacy Forum. Swire said, “Constant biometric surveillance such as facial recognition technology may also ‘lead to discrimination.’”
Fortress Gains in Servicing Market as BofA Retreats: Mortgages
Mar. 14, 2012
Professor Peter Swire was quoted by Bloomberg News in an article on the topic of Fortress Investment Group LLC taking Nationstar Mortgage Holdings Inc. public.
“The big players are already thinking about the new capital rules kicking in, and that creates an incentive to shrink their market share,” Swire said.
Is Anne Marie Rasmusson too hot to have a driver's license?
Feb. 22, 2012
Professor Peter Swire was quoted in the Minneapolis City Pages in an article about a woman who had her driver's license picture accessed more than 425 different times by over 100 law enforcement officers. Cumulatively, said Swire, who once served as the chief counselor on privacy for the Clinton administration, it amounts to an unprecedented privacy breach. "I've never heard of improper access by this many agencies," he said.
The Importance of a Homeowner Bill of Rights
Feb. 17, 2012
Professor Peter Swire wrote an opinion piece for the Center for American Progress on the importance of a Homeowner Bill of Rights. "The recent housing downturn revealed how homeowners are systematically disadvantaged by the current system of mortgage finance and are in need of additional rights to be protected from abuses in the servicing of mortgages," Swire wrote. "The homeowner bill of rights provides long overdue protections for homeowners from abuses in the servicing of mortgages and is an important step toward reviving a dormant private mortgage finance industry."
Banks may finally improve foreclosure practices
Feb. 10, 2012
Professor Peter Swire was quoted on CNN in a story about a $25 billion settlement between the country's largest banks and various state attorney general offices. "A lot of families had their homes taken away while they had modifications or were negotiating modifications," said Swire, a law professor at Ohio State University and former Obama housing advisor.
File Sharing Sites Scatter after Megaupload’s Shutdown
Jan. 25, 2012
Professor Peter Swire was interviewed by WBAL Radio Baltimore about the federal shutdown of Megaupload prompting other file-sharing sites to cut back on disseminating content that could get them into legal trouble. "With Megaupload, the sites have gone from cool to criminal all at once," Swire said.
File Sharing Sites Scatter after Megaupload’s Shutdown
Jan. 24, 2012
Professor Peter Swire was quoted in an article in by ABC News about how file sharing sites are reacting to the federal shutdown of Megaupload, due in part to proposed anti-piracy laws such as SOPA and PIPA.
“With Megaupload, the sites have gone from cool
to criminal all at once,” Swire said. “Sites thought they were operating a [file sharing] site, now they might be operating a criminal site.”
U.S., Europe Privacy Practices
Jan. 13, 2012
Professor Peter Swire was quoted by the magazine Security Management in an article about the European Union's strong customer data privacy protections tripping up U.S. organizations that are noncompliant.
“A ‘we don’t care about privacy’ attitude from the United States creates major risks for U.S. jobs, exports, and businesses,” Swire said at a recent House Energy and Commerce Committee hearing. “The lack of U.S. privacy rules can become a powerful excuse for protectionism, risking U.S. jobs and the sales of U.S.-based businesses."
Time to Get Serious About the Housing Market
Jan. 9, 2012
An article by Professor Peter Swire on recommendations to protect home mortgage consumers was referenced in a recent piece by the Center for American Progress examining what policy action is needed to fix problems in the housing market.
"The current system of laws and regulations protect the interests of investors and mortgage servicers before the rights of consumers are ever considered, according to CAP Senior Fellow Peter Swire," writes John Griffith, a research fellow with the housing team at American Progress. "Servicers currently have no fiduciary responsibility to protect consumers from improper acts and omissions by mortgage servicers."
Parents out of loop on adult kids' health data
Jan. 9, 2012
Professor Peter Swire was quoted by The Columbus Dispatch in an article about a provision in the new federal health-reform law that allows children to stay on their parents' insurance until age 26. While Mom and Dad are footing the bill, it doesn't entitle them to their adult child's medical information.
“Every parent can see the bill ... but parents don’t automatically see the details of an adult child’s medical procedure,” said Swire, author of the 1996 federal medical-privacy law as part of the Clinton administration.
Swire added adult children are liable for any unpaid co-payments or bills for uncovered medical services they received. “Adult children are responsible for their own debt,” he said.
Think Tank: In Revising Servicer Pay, FHFA Must Consider Consumer Impact
Dec. 21, 2011
Professor Peter Swire was quoted by MortgageOrb.com in an article discussing the alternative compensation models for mortgage servicers the Federal Housing Finance Agency's (FHFA) is considering.
Swire, a Center for American Progress senior fellow, said Fannie Mae and Freddie Mac's conservator must focus on the interest of consumers.
“The new compensation system must provide incentives that protect borrowers during the three decades of the typical home loan,” wrote Peter Swire and Economic Policy analyst Jordan Eizenga.
‘Going Dark’ Versus a ‘Golden Age for Surveillance’
Nov. 28, 2011
Professor Peter Swire cowrote a piece for the Center for Democracy & Technology about law enforcement and national security agencies’ concerns over “going dark” if they lose the ability to wiretap and decode new forms of the Internet and other communications.
“This post, however, argues that ‘going dark’ is the wrong image,” writes Swire and coauthor Kenesa Ahmad. “Instead, today should be understood as a ‘golden age of surveillance.’ Compared with earlier periods, surveillance capabilities have greatly expanded.”
Keep Your Home in California helps many, but critics say program slow to grow
Oct. 26, 2011
Professor Peter Swire was quoted by The Sacramento Bee in an article about homeowners in California keeping their homes through a state program funded by $2 billion in federal stimulus funding. Swire, a former White House advisor to President Barack Obama on loan modifications, said he believes principal reductions are among the best ways to keep distressed borrowers in their homes.
Freddie Mac report could raise claims against BofA
Sep. 27, 2011
Professor Peter Swire was quoted in a Reuters article about Freddie Mac's loan review process months before the FHFA reached a $1.3 billion settlement with Bank of America over poorly underwritten mortgages. "The report suggests that Freddie Mac did not receive full value," said Peter Swire, a law professor at Ohio State University in Columbus, Ohio.
Mortgage Debacle Costs Banks $66 Billion as Suits Sap Profit
Sep. 16, 2011
Professor Peter Swire was quoted by Bloomberg in an article about faulty mortgages and foreclosure abuses costing the nation’s five biggest home lenders at least $65.7 billion or more. The industry-wide errors “were not minor slip-ups,” said Swire, former special assistant to President Barack Obama for economic policy. “Our biggest banks were talking homeowners into taking some of these bad loans at the front end and then dumping fraudulent loans on investors at the back end.”
Facebook on D.C. hot seat over kids' privacy
Sep. 14, 2011
Professor Peter Swire was interviewed by CBS' The Early Show about privacy issues related to social networking sites and search engines. "There's a lot of tracking of where you surf on the Internet," said Swire, a former Clinton and Obama White House advisor. "Lots of different advertising networks and other people are keeping track of that. There's nothing illegal about it, and that troubles many lawmakers."
In response to tech companies and social networking sites' fears of too much regulation hindering new technology and U.S. advances in the tech curve, Swire said, "The trick is not to legislate around a particular technology, because the technology will be different the next year and the year after that. The trick is to somehow get some basic rules of the road and not to close down particular technologies."
'The Spectrum' hosts Peter Swire
Sep. 11, 2011
Professor Peter Swire was a guest on the Sept. 11, 2011 edition of "The Spectrum," a weekly political news program on Columbus' NBC4. Swire, a former White House advisor to the Clinton and Obama administrations, was a guest during a roundtable segment on the Sept. 11, 2001 terrorist attacks and what changed for people in the decade following.
Wall Street Bankers Whine That They Shouldn’t Have To Pay For Their Fraud
Sep. 8, 2011
Professor Peter Swire penned a guest blog entry for Think Progress about the Federal Housing Finance Agency's filing of lawsuits against banking executives in the wake of fraud in the issuance and sale of mortgage backed securities during the buildup of the housing bubble.
"In response, a columnist for the Motley Fool has called the suits a 'misguided search for vengeance' and 'an unnecessary distraction.' An investment banker told Bloomberg that the government should 'stop punishing banks.' The mortgage fraudsters should get away, they say, because we don't want to shake confidence in the big banks that FHFA says committed massive mortgage fraud," Swire writes.
"But there are so many reasons why the people who perpetrate fraud should pay for it. To pick two often voiced by conservatives, take 'personal responsibility' and 'property rights.' "
Analysis: Mortgage cases target people, not just banks
Sep. 7, 2011
Professor Peter Swire was quoted by Reuters in an article about 18 lawsuits by the Federal Housing Finance Agency against banking executives. "Each agency has its own statutory authority, and its own particular evidence," said Swire, former special assistant to the president for economic policy in the Obama administration. "The FHFA is not part of the executive branch. It does not report to the president. If the FHFA finds the right evidence, it decides on its own to move forward."
9/11 attacks brought security upgrades to Melbourne airport, Port Canaveral
Sep. 7, 2011
Professor Peter Swire was quoted by Florida Today in an article about how travel, security, and privacy were affected in the decade following the terrorist attacks of Sept. 11, 2001. "It's hard to go back because we face asymmetric threats. In the Cold War, the threats came from big nations. 9/11 showed us a small group of terrorists can cause large damage," said Swire, an expert in privacy and cyber security.
An Accidental Housing Chief Embraces the Power of 'No'
Aug. 31, 2011
Professor Peter Swire was quoted by The Wall Street Journal in an article about Edward J. DeMarco, acting director of the Federal Housing Finance Agency. Swire, a White House advisor on housing issues as recently as last year, said DeMarco's focus "is on the short-term profits for Fannie and Freddie, not on the health of the housing market, and that is short sighted."
Tom Keene speaks with Ohio State's Peter Swire on AT&T, T-Mobile deal
Aug. 31, 2011
Professor Peter Swire was interviewed by Bloomberg TV's Tom Keene about the Department of Justice's attempted block of AT&T's proposed $39 billion acquisition of T-Mobile.
Who owns the loan?
Aug. 29, 2011
Professor Peter Swire was interviewed by WKSU 89.7 about an interesting case going before the Ohio Supreme Court. Antoine Duvall's mortgage was sold off to another lender, but the transaction was never documented at the county recorder's office. When Duvall missed payments, the new lender attempted foreclosure. Whether that can actually occur is the issue before the Ohio Supreme Court.
"The homeowner says, 'Show us the note; you don’t have a right to this house; you can’t kick me out of this house.' On the other side, the bank’s view is there’s a homeowner who stopped paying their mortgage. They knew they had a mortgage. They knew it when they bought the house, and they get to laugh and stay in the house while the bank has to come up with paperwork they don’t have," said Swire, a former housing official with the Obama administration.
"If the homeowners win, the banks will have to work harder to prove they have the paperwork. The banks might have to pay some settlement to get the family out of the house. But our system of property will not collapse."
Old Mug Shots Fuel Art, and a Debate on Privacy
Aug. 27, 2011
Professor Peter Swire was quoted by The New York Times in a story about privacy issues surrounding old police mug shots used in art. Two young women in Cincinnati are testing the fringes of Fabulous Fifties nostalgia by selling reproductions of 1955 police mug shots. They have not included identifying information about the subjects, such as their names. Should any of the subjects re-emerge, could they threaten to sue over privacy violation?
Swire said he believed there would be a strong defense. “In terms of public revelation of private fact, they can say they’re not telling the names of anybody, so they’re not harming any individual, and that under the First Amendment they’re allowed to publish truthful old photos,” said Peter Swire, a law and judicial administration professor at the Moritz College of Law at Ohio State University. “The fact they’re making money doesn’t change the analysis.”
Mortgage Bond Market On Edge, Guessing On US Refinance Plans
Aug. 25, 2011
Professor Peter Swire was quoted by The Wall Street Journal in a piece about investors' increasing worries related to the U.S. market for mortgage-backed securities amid speculation that the government will come to the aid of homeowners who have been unable to take advantage of record low interest rates. Swire, a former top White House housing adviser, said administration officials are well aware of such concerns from the financial market. "The administration goal is to return private funding to the housing market, not to cut it off," he said.
'Forced' insurance adds to home woes
Aug. 20, 2011
Professor Peter Swire's recent congressional testimony was reported in a story by The San Diego Union Tribune about homeowners battling with lenders over forced-placed insurance. Swire testified about his own situation with Washington Mutual over flood insurance and the two years it took for the lender to correct matters. “I actually feel fortunate,” said Swire, a former White House economic advisor. “Most homeowners are not banking law professors. All of those hours sitting on hold waiting for customer service gave me plenty of time to think about the flaws in our mortgage servicing system.”
Mortgage principal reductions mired in controversy
Aug. 16, 2011
Professor Peter Swire was quoted by the Detroit Free Press in an article about the issue of principal reduction on loans backed by Fannie Mae and Freddie Mac. Swire, who was President Barack Obama's point person on loan modifications, notes that Edward DeMarco, a Bush administration holdover who runs the Federal Housing Finance Agency, opposes principal reduction. "He has repeatedly stated his job is to maximize profits for Fannie and Freddie," Swire said. "He has been very skeptical of anything that doesn't directly tie into raising revenues" for the mortgage giants.
The Landlord's Dilemma: Government Faces Pitfalls in Renting Foreclosed Homes
Aug. 12, 2011
Professor Peter Swire was quoted in an American Banker story about ways for disposing of real-estate owned properties held by Fannie Mae and Freddie Mac. By renting out REO properties, the government would solve an underlying problem of supply and demand, said Swire, a former Obama administration official. "Many families have taken hits to their credit history and cannot qualify for today's mortgage requirements, so there is less demand to buy homes," he said. "And we need more affordable rentals."
AT&T increases voice mail security
Aug. 6, 2011
Professor Peter Swire was quoted by The Boston Globe in an article about AT&T changing the default method by which cellular customers check their voice mail, after reports that the company’s policies made messages more vulnerable to hackers than on other cellphone carriers. A specialist in telecommunications privacy issues, Swire said that Americans had paid little attention to the menace of voice mail hacking, until the surfacing of news reports about British journalists working for newspapers owned by Rupert Murdoch’s News Corp. breaking into celebrities and crime victims' voice mail systems. “It taught people in England that voice mail was being hacked at a high rate," said Swire. “I think AT&T saw the Murdoch problems and they saw how easy it was to break into their system."
Mortgage Servicing Standards Take Center Stage at Senate Banking Committee Hearings
Aug. 2, 2011
Professor Peter Swire's testimony before the Senate Committee on Banking, Housing & Urban Affairs was reported on by National Mortgage Professional Magazine. Swire shared a personal encounter dealing with mortgage servicers in a dispute with Washington Mutual in 2006 and 2007 regarding flood insurance on his family’s home in Bethesda, Md. His situation "vividly shows the cascade of mistakes that the servicing company made, despite several dozen calls by me to the company and detailed documentation," he stated.
Data-breach disclosures may decline 50% under proposed bills
Aug. 1, 2011
Avoiding voicemail hacking in the US
July 26, 2011
Professor Peter Swire co-authored an op-ed piece in The Hill, highlighting how vulnerable Americans are to the kind of voicemail hacking at the center of Rupert Murdoch's News International scandal. "Here in the United States, our voicemail systems have different yet easy-to-exploit security flaws. U.S. carriers do require their customers to establish PINs to authenticate access to voicemail services. Several companies, though, do not require users to enter their PINs when they are calling from their own telephone numbers. This feature saves consumers time and reduces the number of tech support calls when consumers have forgotten their PINs."
Bank’s Deal Means More Will Lose Their Homes
July 12, 2011
Professor Peter Swire was quoted in The New York Times about the foreclosure crisis. “Countrywide made a lot of bad loans and borrowers with no money can’t afford a modification,” said Peter Swire, a former special assistant for housing policy in the Obama administration who helped oversee earlier federal efforts to promote modifications. He is now a professor at Ohio State University. “One discouraging problem is that only a small fraction of Countrywide borrowers will likely qualify,” Professor Swire said.
U.S. Tackles Housing Slump .
July 12, 2011
Professor Peter Swire was quoted in a Wall Street Journal article about reviving the housing market. "As conditions change, some options that were below the line the way the market was 18 months ago might be above the line today," said Peter P. Swire, who teaches law at Ohio State University and until last year was a top housing adviser to the White House.
The Problems of Policing Internet Privacy
July 11, 2011
Professor Peter Swire was quoted in an article in Science Progress about Congress' attempt to regulate the internet. Swire, a professor of law at Ohio State Law School and a Senior Fellow at the Center for American Progress, discussed the importance of finding the right balance between consumer choice and industry expense. “I have a slightly more optimistic view,” said Swire, who noted that other privacy issues have been successfully solved in the past through legislation like the Health Insurance Portability and Accountability Act, or HIPAA; the Controlling the Assault of Non-Solicited Pornography And Marketing Act, or CAN-SPAM; and other initiatives. “We have found ways to manage them through technology, self regulation and legislation,” said Swire.
Why privacy legislation is hot now
June 23, 2011
Professor Peter Swire wrote an op-ed in The Hill entitled Why Privacy Legislation is Hot Now. Swire argued the time is right for major privacy legislation to be debated and passed because: 1) the use of location data by smartphones and other devices; 2) the increased use of social networking; and 3) the invention of more complex online behavioral advertising.
Automatic for the people: Fund firms back digital statements as default for retirement plans
June 15, 2011
Professor Peter Swire was quoted in an article in Investment News about retirement plan sponsors sending information electronically to participants automatically. “Participants get notices that do more for them,” said Peter Swire, a professor of law at Ohio State University and co-author of the report. “They can access information anytime, anywhere and with any device.” Information distributed electronically also can be “layered,” according to Mr. Swire. For instance, it can come with a simple notice “on top” and then offer a way to “click through” for more details. “Participants can drill down at will,” Mr. Swire said.
Computers used to spy on renters, suit claims
May 5, 2011
Professor Peter Swire was quoted in an Associated Press article regarding a computer rental chain that tracked keystrokes, took screenshots, and snapped webcam pictures of renters. "Kill switch" software on the computer allows the rental company or police to shut down the unit if it is stolen. Using such "kill switch" software is legal because companies can protect themselves from fraud and other crimes, said Peter Swire, a professor at Ohio State University's Moritz College of Law. "Owners can protect their property," Swire said. "Rental cars often have a GPS on them so you can't drive off with them. Computers are pretty easy to move around. So if I rent you a computer, I'd like to get it back." But in the case of the Wyoming couple, the actions allegedly took place "after they owned the computer," Swire said. "Once they own it, the kill switch shouldn't be operated." More important, grabbing data from someone's computer, whether it is keystrokes or photographs, "likely violates the Electronic Communications Privacy Act, which has civil and criminal penalties," Swire said.
Consumer advocates say housing finance needs reform
Apr. 23, 2011
Professor Peter Swire was quoted in the Las Vegas Review-Journal about mortgage administrators who purchase extra insurance policies without the consent of the owner. "At one point I had three different flood-insurance policies in place that I didn't need. Each time the problem was resolved, the whole cycle started over again," Swire said, using his own experience as an example.
Foreclosure deals fails to protect owners seeking help, advocates say
Apr. 15, 2011
Professor Peter Swire was quoted in a Los Angeles Times article about the banking industry's tactic called "dual tracking," in which a bank continues foreclosure proceedings on a homeowner seeking a loan modification. "The biggest problem is that a majority of the modifications today are proprietary, The banks are not on the hook for their non-HAMP modifications," Swire, who is a former economic advisor to President Barack Obama specializing in housing issues, said in the article.
U.S. Foreclosure Settlement Muddies Outlook for Mortgage Relief
Apr. 14, 2011
Professor Peter Swire was quoted in a Bloomberg News Service article about the recently foreclosure-abuse settlements that require major banks to review all foreclosures that took place in 2009 and 2010. “The regulators’ settlement lets the banks’ defenders say that anything else is piling on,” Swire said in the article.
Landmark online privacy legislation introduced in Senate
Apr. 12, 2011
Professor Peter Swire was quoted in the Los Angeles Times about the Commercial Privacy Bill of Rights, an online privacy bill that was recently introduced in Congress. "This is not a fringe issue. There's bipartisan support from national leaders to do something here," Swire said in the article.
National panel needed to tackle cyber crime
Apr. 3, 2011
Professor Peter Swire was quoted in the publication Cyber Media about cyber crime. Peter Swire, professor at Moritz College of Law at Ohio State Univiersity, emphasised the vital role of data encryption in safeguarding the digital economy. Strong encryption is feasible and is the correct answer as fast innovations take place, said Swire, who was earlier a special assistant to President Barack Obama.
Feds fall short on mortgage aid
Mar. 30, 2011
Professor Peter Swire was quoted in the San Jose Mercury News in an article about the Obama Administration's efforts to help struggling homeowners facing foreclosure. The article found the program has not helped nearly as many homeowners are originally predicted. "I wish the 3-4 million had never been uttered," said Peter Swire, a former special assistant to Obama for economic policy.
Opening Argument - PATRIOT Act Hysteria Meets Reality
Mar. 22, 2011
Professor Peter Swire was cited in the National Journal regarding the Bush administration's attempt at making the effects of the Patriot Act permanent. "Critics, including Peter Swire, a law professor at Ohio State University who is the Section 215 critic on PatriotDebates.com, also make a strong case that a gag-order provision in Section 215 is unduly sweeping," according to the article.
Mortgage servicing errors highlight need for change
Mar. 6, 2011
Professor Peter Swire was quoted in a Los Angeles Times story about the errors that mortgage companies makes. The story states: “‘Homeowners need some market or legal check against mistakes and abuses’ by loan servicers, said Swire, who left the White House in August after serving for 18 months as special assistant to the president for economic policy. ‘I'm not saying servicers don't care. The point is, there is a lack of incentives for servicers to care.’”
White House plans mortgage deal to settle lender disputes
Feb. 24, 2011
Professor Peter Swire was quoted in Marketplace segment about the Obama administration’s plan to settle mortgage-servicing breakdowns that involved practices like robo-signing foreclosure documents. Swire states: “‘It's a good step for the banks because they'll try to put the mess behind them from robo-signing. It's a good deal for consumers and for the housing market, because it can make money available to try to fix some of the problems we're facing.’”
Three Reasons Why A ‘Do Not Track’ Bill Will Pass In 2011
Feb. 12, 2011
Professor Peter Swire was quoted in a paidContent.org story about the ‘Do Not Track’ privacy proposal. The story states: “‘It’s a word that puts advertisers in particular on the defensive,’ said Peter Swire, who took the position of privacy chief in 1999 under President Bill Clinton, and who was speaking at the same event. And it’s so short it fits perfectly into newspaper headlines—so short and useful that it’s tough to think of another phrase to replace it. ‘Reporters are stuck with the phrase,’ said Swire.”
Plans Near for Freddie and Fannie
Feb. 8, 2011
Professor Peter Swire was quoted in a New York Times story about the Obama administrations plans for replacing the two housing finance companies. The story states: “‘Industry-defining legislation often takes more than one Congress to pass,’ said Peter Swire, who served until August as a special assistant to President Obama on housing finance issues. ‘I think everyone wants a bigger role for private-sector housing finance going forward, and how to do that transition is just a big job.’”
Housing finance changes likely to mean less government backing for some buyers
Feb. 4, 2011
Professor Peter Swire was quoted in a Washington Post story about the Obama administration recommending reducing the size of mortgages eligible for government backing. The story states: “‘My reading of history is when the housing system is tanking in any major economy, governments have intervened,’ said Swire, a law professor at Ohio State University. ‘We'll get all of the problems of an eventual government rescue without the safeguards.’”
Online Privacy Protection and Regulation
Jan. 18, 2011
Professor Peter Swire recently ran a panel in Washington, D.C., about online privacy on a segment of CSPAN. Professor Swire states: “The reason the panel is happening is that privacy, once again, is a hot topic. It’s on the front pages of the newspapers. Many of you might have read part of the Wall Street Journal series about new tracking devices that happen online. The Federal Trade Commission and the Department of Commerce both have reports out for comment. Comments are due by the end of January, so people are busy around town trying to figure out what to say about privacy for that reason.”
Jan. 14, 2011
Professor Peter Swire was a guest on MSNBC regarding Facebook’s presence in Washington. Swire said: “Clearly a lot of people like to use Facebook, but people also worry about privacy, and so there’s been proposals in Congress to pass legislation about privacy and there’s also been action from the administration and the Federal Trade commission to talk about these issues.”
Parents out of loop on adult kids' health data
Jan. 1, 2011
Professor Peter Swire was quoted by The Columbus Dispatch in an article about the provision of the new federal health-reform that allows adult children to stay on their parents' insurance until age 26. Just because parents pay the bill, though, does not entitle them to access to their adult child's medical information.
“Every parent can see the bill ... but parents don’t automatically see the details of an adult child’s medical procedure,” said Swire, author of the 1996 federal medical-privacy law as part of the Clinton administration.
Swire added that adult children are liable for any unpaid co-payments or bills for uncovered medical services they received. “Adult children are responsible for their own debt,” he said.
Commerce Dept seeks Web privacy enforcement
Dec. 16, 2010
Professor Peter Swire was quoted in a Reuters story regarding a report issued by the Department of Commerce on Internet privacy. The story states: “Privacy expert Peter Swire, a law professor at Ohio State University, applauded the report. ‘For the past decade, the executive branch has lacked a visible leader on Internet privacy. The many changes in the Internet and commercial practices in the past decade mean it is high time to have this sort of leadership position,’ he said."
Privacy Groups Critical Of Commerce Privacy Report
Dec. 16, 2010
Professor Peter Swire was quoted in a National Journal story about a Department of Commerce report issued regarding Internet privacy. The story states: “However, Ohio State University law professor Peter Swire, who served as a privacy adviser to President Bill Clinton, praised the report's call for a privacy office at Commerce, saying ‘it makes sense to put commercial privacy policy in the Department of Commerce. It provides a visible point of contact for privacy policy in the Executive Branch.’”
Broadband access in the Northwoods: Limited but growing
Dec. 10, 2010
Professor Peter Swire was mentioned in a Lakeland Times story about the increasing availability of high-speed Internet access in the Northwoods. The story states: “A post on the White House website by Peter Swire, special assistant to the president for economic policy, states: ‘A big focus of the new awards is on the 'middle mile'-the infrastructure that connects the Internet backbone to communities across the nation. Our grants help build middle-mile infrastructure to under-served communities. We make it easy to connect 'anchor institutions' such as schools, libraries, and medical centers. The middle mile investments, like the regional networks that filled in the Internet, set the stage for private investors to finish the job, with the so-called 'last-mile' connections to homes and businesses.’”
FHA Report Shows Improvement, But Risks Remain
Nov. 16, 2010
Professor Peter Swire was quoted in a Wall Street Journal blog post about the Federal Housing Administration avoiding the need for a taxpayer bailout. The story states: “‘The report understates the true improvement to date in FHA’s outlook,’ said Peter Swire, a former White House housing adviser who teaches law at Ohio State University.”
Foreclosures Raise New Concerns About Banks, Panel Says
Nov. 16, 2010
Professor Peter Swire was recently quoted in a New York Times story about the foreclosure documentation crisis and the severe consequences it could have on the housing market and economy. The story states: “‘The bankers face a potentially difficult situation,’ said Peter Swire, a law professor at Ohio State who stepped down last summer as an Obama administration official. ‘If they provide details, lots of them won’t be pretty. If they don’t provide details, it may look like they’re stonewalling.’”
GLOBAL JOURNALIST: Privacy in the age of online social networking
Nov. 12, 2010
Professor Peter Swire recently participated in a radio segment of the Global Journalist about privacy in the age of online social networking. The story states: “Peter Swire, law professor, Ohio State University, Columbus: ‘The Federal Trade Commission is called an “independent agency,” so they don’t get involved in the inter-agency thing quite as much. It is a very normal part of the federal government for the different parts of the federal government to have an inter-agency process, for the president and his advisors to have some take on this and to have the Federal Trade Commission do enforcement.’”
Watchdog Planned for Online Privacy
Nov. 11, 2010
Professor Peter Swire was mentioned in a Wall Street Journal story about the preparation of a stepped-up approach to policing Internet privacy by the Obama administration. The story states: “In 1999 President Bill Clinton appointed Peter Swire as chief counselor for privacy in the Office of Management and Budget. Mr. Swire helped craft privacy guidelines for the use of consumer medical and financial data. The new office would be similar but have more resources, and would engage other countries in privacy discussions and negotiations.”
What the election means for foreclosures and robo-signing
Nov. 4, 2010
Professor Peter Swire was quoted in a CNNMoney.com story about what Tuesday’s election means for the nation’s home foreclosures. The story states: “‘After [Iowa Attorney General Tom Miller], Cordray was the single most visible attorney general in this effort,’ said Peter Swire, a law professor at Ohio State and former special assistant for economic policy at the White House.”
Sarbanes-Oxley May Leave Bank Execs Legally Vulnerable
Nov. 3, 2010
Professor Peter Swire was recently quoted in a Wall Street Journal story about how the housing crisis will affect bank executives. The story states: “Peter Swire, a law professor at Ohio State University and a former special assistant to the president for economic policy, said most servicers still fail to recognize that problems with foreclosure documentation have risen to the level of being a ‘material weakness.’” (Subscription required).
Who should sign off on the foreclosure mess?
Oct. 21, 2010
Professor Peter Swire was a featured guest on America Public Media’s “Marketplace” regarding the current state of mortgage foreclosures in the United States. Swire said: “We're going to find out where there is problems, where there’s not problems. I hope where there's not problems we can start to signal to people, ‘look, we've actually looked under this rock and it's O.K.’ There's going to be some other things where there are going to be problems -- some of it's going to be house by house. Is this house subject to a good mortgage or not? There's no replacement for that when you're talking about one family's real property.”
A Proposal To Ease the Foreclosure Mess.
Oct. 20, 2010
Professor Peter Swire was recently quoted in The Wall Street Journal in a story about a proposal he has written that asks bank officers to vouch for the quality of their mortgage-documentation operations. The story states: “’When there’s a lot of uncertainty and one party knows more than the others, that party is probably the best one to take on the risk,’ said Mr. Swire, in an interview. ‘Banks probably know more than anyone else about what the risks are; they are the best insurers here against this risk.’”
Foreclosure crisis tops Obama agenda
Oct. 20, 2010
Professor Peter Swire was quoted in a Financial Times story about the foreclosure crisis and its position on President Obama’s priority list. The story states: “‘The administration is showing its serious concern about these practices, but addressing the bad actors and fixing the problem is separate from whether a moratorium makes sense,’ said Peter Swire, a fellow at the Center for American Progress and former official on Barack Obama’s National Economic Council.”
Sarbanes-Oxley May Expose Bank Execs to Suits in Foreclosure Doc Mess
Oct. 20, 2010
Professor Peter Swire was quoted in an American Banker story regarding the foreclosure crisis. The story states: “Peter Swire, a law professor at Ohio State University and a former special assistant to the president for economic policy, said most servicers still fail to recognize that problems with foreclosure documentation have risen to the level of being a ‘material weakness.’ ‘If you knew that your company was making many misrepresentations to judges that could put many foreclosures at risk, that would be a question as to whether it was material,’ Swire said. ‘An executive who is supposed to know what is going on should have realized that.’”
States set to unveil joint probe into foreclosures
Oct. 13, 2010
Professor Peter Swire was recently quoted in an Associated Press story about forty states preparing to launch a joint investigation into the mortgage industry. The story states: “‘The behavior already on the record involves thousands of false statements to judges,’ said Peter Swire, an Ohio State University law professor who recently left the White House economic policy staff. ‘That's a weak hand for the banks.’’
Document Questions Cloud Recovery
Oct. 12, 2010
Professor Peter Swire was quoted in a Wall Street Journal story about uncertainty in the market of foreclosed homes. The story states: “‘Title-insurance costs can go up, purchasers can flee from auctions, and new home-buying families will decide to wait longer before re-entering the market,’ said Peter Swire, a law professor at Ohio State University who until August served as a top adviser on housing-finance issues in the White House.”
Ohio State law prof joins Obama administration
Oct. 6, 2009
Professor Peter Swire was featured in a brief printed in The National Jurist regarding his appointment as special assistant to the president for economic policy. The story began: "Peter Swire, the C. William O'Neill Professor in Law and Judicial Administration at The Ohio State University Moritz College of Law, took a leave to serve in the White House under President Barack Obama."
Weakness in Social Security Numbers Is Found
July 6, 2009
Professor Peter Swire was quoted in a New York Times article regarding Carnegie Mellon University research that found the nations Social Security numbering system has left millions of people vulnerable to privacy breaches. The story states: " 'This report is a wake-up call,' said Peter Swire, a law professor at Ohio State University who served as the Clinton administration’s chief privacy counselor. 'Social Security numbers are an aging technology, and we have to do serious planning for what will come next.' "
Researchers: Social Security Numbers Can Be Guessed
July 6, 2009
Professor Peter Swire was quoted in a Washington Post article after researchers prove that an individual’s Social Security number can be guessed. The story states: “ ‘We can't pretend anymore that SSNs can be kept secret,’ said Peter Swire, a law professor at Ohio State University and chief counselor for privacy during the Clinton administration. ‘This report puts a nail in that coffin. We'll need new approaches, and it will cost money for the government and the private sector to build the new approaches.’ ”
Locksmith fights cyber squatter
July 2, 2009
Professor Peter Swire was quoted in a Cincinnati Enquirer article on identity theft problems local businesses are facing in cyberspace. The story states: “ ‘Impersonating others for financial gain is “as old as The Bible,”’ says Peter Swire, a professor at Ohio State University's Moritz College of Law who's internationally recognized as an expert in fields of privacy and cyberspace.”
21st Century Statecraft
June 1, 2009
Professor Peter Swire was mentioned in a Washington Post story about a panel he participated in regarding new tools on diplomacy. The story stated: “While the Obama administration made a name for itself by infusing those tools into the presidential campaign, infusing the White House with the Web 2.0 culture isn't an easy transition. For one, new media staffs are smaller, Swire said.”
Can the Internet Make a More Open Government?
June 1, 2009
Professor Peter Swire was quoted in a New York Times story regarding research he has done involving government and online transparency and social networking sites. The story states: “That’s the conclusion of Peter Swire, who was a lawyer for the new media team of the Obama transition leading up to Inauguration Day. He had also worked as the top privacy officer the Clinton Administration. He’s now returned to his job as a law professor at Ohio State University and as a fellow with the Center for American Progress.”
US Gov't Panel Calls for New Privacy Rules
May 28, 2009
Professor Peter Swire was quoted in a PC World story about a U.S. panel that calls for new rules in protecting personal data. The story states: “The law is ‘stupid and way too narrow,’ said Peter Swire, former chief privacy counselor in President Bill Clinton's administration. ‘It's really out of touch with the way modern computers work.’”
Govt. Control of Exec Pay?
May 13, 2009
Professor Peter Swire was a guest on CNBC’s “The Kudlow Report” where he discussed whether the U.S. government should control the salaries of bank executives. “I support it,” he said. “It’s going to lead us right back to the system that we have had for over a hundred years. This is a common sense thing that has been in existence as long as we have had safety and soundness regulation for the banking system.”
Antitrust’s Big Break
May 11, 2009
Professor Peter Swire was quoted in a Business Week story about the Obama Administration and antitrust. The story states: “Peter Swire, an Ohio State University law professor, notes that, when asked where businesses, consumers and lawyers should look for guidance, Varney pointed to long-established case law: the 1951 case Lorain Journal Co. v. United States, in which the Supreme Court said a monopoly newspaper couldn’t reject all ads from companies that advertised on a rival radio station; a 1985 decision in which the court said one Aspen ski resort could be blocked from ending a joint marketing campaign because the move harmed a rival and didn’t help consumers; and United States v. Microsoft, which the Bush Administration settled in September 2001, after a U.S. district-court judge said the company unfairly exploited its market dominance by bundling its Web browser with its operating system.”
Should the White House be a Place for Friends?
May 4, 2009
Professor Peter Swire was quoted in a New York Times blog regarding President Obama’s use of social networking sites. The story states: “Peter Swire, an Ohio State law professor who was the top White House privacy official in the Clinton Administration (a position the Obama administration has yet to fill), said they fought extending the Privacy Act out of fear that it would make it routine activities difficult. ‘The question is how much an ordinary purchase in the private sector, such as a list of phone numbers, would trigger Privacy Act limits,’ he said. Mr. Swire added, however, that the administration can act even before Congress does.”
Secret Security System On Some Laptops Could Track You
Apr. 29, 2009
Professor Peter Swire was featured on a WBNS 10TV story about a woman who had purchased a used laptop that had wiretapping software installed on it. The story stated: “Ohio State University professor Peter Swire is a privacy expert. He compared Absolute's methods to a wiretap. ‘Absolute Software is running a big legal risk if it keeps wiretapping computers after it leaves the original owner,’ Swire said.”
Commission seeks external advice on internet privacy
Apr. 28, 2009
Professor Peter Swire was quoted in a European Voice story about a European commission that hopes to receive advice on Internet privacy. The story states: “Peter Swire, professor at Ohio State University and former privacy counsel in the US administration of Bill Clinton, said the non-price aspects of competition had to be taken into account when it came to the internet. People did not choose a search engine based on prices but on such variables as its effectiveness, its content and its privacy policy. ‘Where mergers or dominant firm behaviour create significant effects on customers, including their use of customer data, then those effects should be considered under antitrust law,’ he said.”
US moves to dispel 'myths' over privacy issues
Apr. 28, 2009
Professor Peter Swire was quoted in a the.Parliment.com story about a Brussels conference that discussed privacy concerns. The story stated: “Delivering the keynote address, professor Peter Swire of Ohio State University, a former privacy counsel in president Bill Clinton’s administration, said, ‘Where mergers or dominant firm behaviour create significant effects on customers, including in their use of customer data, then those effects should be considered under antitrust law.’”
Scholars Reject Obama's Stance on Warrantless Cell-Phone Records
Apr. 20, 2009
A posting co-authored by Professor Peter Swire was picked up by a Wired.com story about President Obama’s stance on searching cell phone records. The story states: “‘Cellular providers could, if they wanted, keep track of your cell phone's location every seven seconds,’ the scholars wrote, ‘because your phone 'registers' that often with the nearest tower.’”
Government 2.0 Meets Catch 22
Mar. 17, 2009
Professor Peter Swire was quoted in a New York Times blog story about privacy issues relating to computers and Internet of government officials. The story states: “Peter Swire, a former government privacy official who now teaches law at Ohio State University, raised another question: anti-corruption law prevents federal officials from receiving gifts of goods and services. Does that prevent an agency from using software or services available free on the Web?”
TSA watches fliers far beyond metal detectors
Mar. 14, 2009
Professor Peter Swire was quoted in a Columbus Dispatch story about TSA monitoring fliers’ behavior. The story stated: “Peter Swire, an Ohio State University law professor and privacy adviser to the Clinton administration, said he's skeptical of behavior detection. ‘This is an unproven technique,’ Swire said. ‘It can easily tip over into unjustified racial profiling.’”
Group hopes to shape nation's privacy policy
Nov. 17, 2008
Professor Peter Swire was mentioned in a San Francisco Chronicle story about an organization he is serving on that hopes to influence the country’s privacy policies. The story states: “The group also is seeking funding from other companies and has a 23-member advisory board that includes people from Facebook, LexisNexis and advocacy groups such as the Center for Democracy and Technology. A professor and privacy adviser to former President Bill Clinton, Peter Swire, who also is advising President-elect Barack Obama, is on the board as well.”
McCain, Obama Surrogates Spar Over Candidates' Policies on Data Protection
Oct. 22, 2008
Professor Peter Swire was quoted in a Bureau of National Affairs story about the differences in John McCain and Barack Obama’s policies over data protection. The story states: “In examining ‘the policies that have been adopted by the candidates, I've been unable to find anything on the surveillance side where Sen. McCain has disagreed with President Bush,’ said Swire, a law professor at Ohio State University and a former chief privacy counselor for the Clinton administration. ‘On this, it's 100 percent.’”
China's version of Skype spies on text chats
Oct. 3, 2008
Professor Peter Swire was mentioned in a Los Angeles Times story about the Chinese version of Skype, which reportedly spies on text messages. The story states: “Peter Swire, who served as the Clinton administration's privacy czar for two years and is a professor of law at Ohio State University, said that although he knew of no U.S. court ruling that had required Skype to comply with wiretapping requests, it was conceivable the company was voluntarily cooperating with law enforcement.”
DHS Report Says Leave Laptops At Home
Sep. 15, 2008
Professor Peter Swire was quoted in an Information Week story about a Department of Homeland Security warning for international business and government travelers. The department warned such travelers to not carry laptops and electronic devices abroad. The story state: “Peter P. Swire, a law professor at Ohio State University's Moritz College of Law and a senior fellow at the Center for American Progress, says travelers ought to take such warnings seriously and practice good computer hygiene. ‘Don't expose your laptop to viruses and Internet cafes,’ he said. ‘Don't put your memory stick into any receptacle where it doesn't belong.’”
Both Government, Privacy Positions Must Be Incorporated Into Web Data Privacy Policies
Aug. 13, 2008
Professor Peter Swire was quoted in a Bureau of National Affairs report about concerns on both sides of Internet privacy issues. The main issues is balancing the privacy rights of the user and the need to obtain information for law enforcement purposes. The story states: “‘The problem is, both sides think the sky is falling, and in some senses, they are both right,’ Peter Swire, professor of law at Ohio State University Moritz School of Law, said. The challenge lies in crafting workable solutions that address both concerns, he said.”
'Marketplace' Report: A Massive ID-Heist
Aug. 6, 2008
Professor Peter Swire was interviewed for a story on NPR’s Day to Day program. The story was about 11 men who were charged by federal prosecutors for stealing more than 40 million credit card numbers for various U.S. retailers.
Don't want your laptop strip-searched?
Aug. 4, 2008
Professor Peter Swire was quoted on a Salon.com story regarding Department of Homeland Security policies on confiscating and searching laptops of foreign travelers. The story stated: “Swire notes that agents at the border are going further than just taking image copies of people's hard drives. They're actually demanding passwords and encryption keys so they can examine the contents.”
Swire was mentioned in a similar blog post on dailykos.com. He was also featured on Aug. 4 in a radio interview on KPSI in Palm Springs, Calif., and also on an XM radio talk show.
Govt. officials could seize your laptop and iPod
Aug. 1, 2008
Professor Peter Swire was quoted in a Gannett News Service story that ran in several newspapers, including the Louisville Courier Journal. The story was about the Department of Homeland Security’s new policies for searching and seizing U.S. travelers’ electronic devices. "The policy only stops the dumb terrorists, because anyone can cross the border with a clean laptop," said Peter Swire, law professor at Ohio State University. "We shouldn't have intrusive searches that aren't even effective."
Bush Administration Wants To Block ACLU From Wiretapping Law Litigation
July 30, 2008
Professor Peter Swire was quoted in a story on TPMmuckraker.com regarding whether third-party groups should be allowed to file legal arguments in response to a recently created U.S. wiretapping law. "The DOJ is taking an expansive view of executive power and narrow view of judicial power, Swire told TPMmuckraker in an interview today. "Under the government's view, the judges seem required to uphold an unconstitutional system because the judges are forbidden from getting briefing from anyone other than the executive branch."
Homeland Security Workshop Panelists Discuss DHS Data Mining Privacy Issues
July 29, 2008
Professor Peter Swire was quoted in two BNA stories following a Homeland Security workshop that he participated in. The workshop involved discussions regarding governmental data mining and its privacy concerns. One story stated: “Peter Swire, a professor at the Moritz College of Law, Ohio State University, said that while the public may be most concerned with what the consequences are of government action based on a data mining analysis, the three stages of the process are interconnected to such a degree that all must be considered to adequately protect privacy.”
Here is the link to the other story:
DHS Data Mining Privacy Panel Focuses On Common Issues, Path to Consensus
They Can See You
July 16, 2008
Professor Peter Swire was quoted on a WeeklyDig.com news story about a bill that would regulate web advertisers who track internet user activity and market products accordingly. The story states: “Peter Swire, law professor at Ohio State University and senior fellow at the Center for American Progress, a progressive think tank, agrees that internet companies have historically vied for consumers with a focus on user privacy. But, he adds, ‘if we have mergers, if there's fewer people playing in the search market, that might affect how much they compete on privacy.’”
U.S. defends laptop searches at the border
July 10, 2008
Professor Peter Swire was quoted in the Christian Science Monitor regarding the Department of Homeland Security seizing some international traveler’s computers at the border. “A laptop can hold [the equivalent of] a major university’s library: It can contain your full life,” says Peter Swire, a professor of law at Ohio State University in Columbus. “The government’s never gotten to search your entire life, so this is unprecedented in scale what the government can get.”
Airport Laptop Seizures Debated in Washington
July 9, 2008
Professor Peter Swire was quoted in the Transnational newsletter about international travelers who may face seizure of their laptops and other electronic devices. The story states: “Peter Swire, a law professor at Ohio State University and a former chief counselor for privacy in the U.S. Office of Management and Budget, told senators that ‘prudent businesses will increasingly have to resort to costly supplementary measures to ensure that important business information will make it past the border each and every time.’”
DHL-UPS deal threatens Astar
July 4, 2008
Peter Swire was quoted in a story in the South Florida Business Journal about DHL’s intention of changing its domestic air freight from a Miami-based company to UPS. The story states: “Peter Swire, who teaches antitrust law at Ohio State University, would not offer an opinion on the legality of the DHL-UPS deal, but said ‘it's an uphill battle to convince the current Justice Department to bring this sort of enforcement action.’”
(Subscription required)
WHYY Radio program on a Homeland Security initiative
July 3, 2008
Professor Peter Swire was featured on a WHYY Radio program, Radio Times with Marty Moss-Coane, regarding a discussion on theDepartment of Homeland Security and its attempts to get states to adopt the Real ID, a more secure driver's license. The DHS says it is an important security measure. Professor Swire joined Janice Kephart, founder of 9/11 Security Solutions on the hour-long program.
Bad medicine
July 2, 2008
Professor Peter Swire was quoted in a San Francisco Bay Guardian Online story about pharmacies selling pharmaceutical companies personal medical information. “But according to Peter Swire, who was Clinton's chief privacy counselor and helped draft the legislation, the law permits pharmacies to contract with outside firms to engage in reminder campaigns. As originally drafted, the law included an opt-out. But the George W. Bush administration ditched it in 2002, weakening the law. Swire said Calderon's bill appeared to be an attempt to "shift California law to the federal standards."
Court Rules on Text-Messaging Privacy
June 27, 2008
Professor Peter Swire was interviewed on NPR’s All Things Considered for a story about whether employers have the right to read text messages sent by employees even if the employer is paying for the service. “A lot of people now have cell phones that are web-enabled and those are your own thing and now if you are doing your personal business that is your personal time. It is a big step safer if you use your personal equipment and not your company-provided equipment,” he said.
Customs Agents Copy Travelers' Laptop, Phone Data
June 26, 2008
Professor Peter Swire was quoted in New York Sun and Los Angeles Times articles after testifying before the Senate Judiciary Committee. The hearing discussed the government’s practice of searching laptop computers of those people returning to the United States from an international trip. The story states: “Mr. Swire said he believes anger over the government's refusal to explain its policies and rules for such searches is likely to grow. "'This issue may be a lot hotter issue than people realize. It may mobilize the reserve army of outraged techies," the lawyer said.'”
Groups to warn panel about economic effect of seizing laptops
June 24, 2008
Professor Peter Swire was quoted in a govexec.com story regarding an upcoming Senate Judiciary subcommittee hearing on the U.S. Customs and Border Patrol’s practice of seizing laptops at the border. The story states: “Peter Swire, a professor at Moritz College of Law at Ohio State University who served for two years as chief counselor for privacy under President Bill Clinton, also is concerned about the privacy implications of the ruling. ‘Opening my suitcase at the border is not the same as opening my laptop and making a permanent record of everything in it,’ he said.”
Privacy Act Needs Review, Amendment, GAO, Other Witnesses Tell Senate Panel
June 19, 2008
Professor Swire was quoted in a Bureau of National Affairs news story regarding witness testimony he presented at a Senate Homeland Security and Governmental Affairs Committee. The story stated: “Peter P. Swire, professor of law, Moritz College of Law, Ohio State University, and former privacy advisor in the Clinton White House, emphasized that the federal government has made progress in the post-Sept. 11 world when it comes to engaging in more effective governmentwide information sharing by breaking down agency-by-agency differences in information sharing. However, there has not been concurrent progress in coming up with a governmentwide approach to ensuring the privacy of personal information, Swire said.”
(Subscription required.)
Senator: US Gov't Needs to Better Protect Personal Data
June 18, 2008
Professor Peter Swire was quoted in an IDG News Service and other stories after testifying before the U.S. Senate Homeland Security and Government Affairs Committee. The story stated: “Swire also raised concerns that the U.S. Department of Homeland Security (DHS) is increasingly relying on biometric data such as fingerprints. DHS has promoted the infallibility of fingerprints, but it's easy to find descriptions online on how to forge them, Swire said. He called on DHS and other agencies to encrypt fingerprint and other biometric data in nearly all circumstances. ‘If you lose your fingerprint, it's hard to get a new finger,’ Swire said.”
Tough cookies for Web surfers seeking privacy
May 14, 2008
Professor Peter Swire was quoted in the Los Angeles Times in a story about Internet users’ privacy. The story states: “Peter Swire, an Ohio State University law professor who served as privacy czar in the Clinton administration, and Annie Anton, an associate professor of software engineering at North Carolina State University, highlighted the issue last week in a filing to the FTC. They encouraged the agency to create a public ‘white list’ of allowable opt-out cookies, maintained by the government or a private-sector organization. ‘The FTC can shine a spotlight on this problem,’ Swire said in an interview.”
Rule change would strip investors of control
May 12, 2008
Professor Peter Swire was quoted in a story on investmentnews.com about a proposed new exception to a privacy regulation. The story states: “While the intended objective of the proposal is beyond question, its legal basis is highly questionable. ‘The statute only allows transfer of the customer's personal information, including contact information, after the consumer has the chance to opt out,’ said Peter P. Swire, a law professor at Moritz College of Law at Ohio State University in Columbus and a former White House representative in the original Reg S-P working group.”
Prevent Your Computer From Getting Hacked
May 7, 2008
Professor Peter Swire was quoted in a WBNS-10TV, Columbus, story regarding information being stolen from computers connected to a Internet “hot spot.” The story states: “Ohio State University law professor and privacy expert Peter Swire said that looking at someone's information on a free, public Web site is OK but stealing that information is where the crime starts. ‘Once you've set up the password - once you've tried to encrypt it - if the bad guys come and try to break it, that violates what's called the Computer Fraud and Abuse Act, 18USC1030 - and that's a hack attack,’ Swire said.”
Wacky Canadians Still Believe in Privacy
Apr. 25, 2008
Professor Peter Swire was mentioned in a Washington Post column regarding Homeland Security chief Michael Chertoff proposing sharing air travelers’ fingerprints with other nations. The story states: “‘Well, first of all, a fingerprint is hardly personal data because you leave it on glasses and silverware and articles all over the world. They're like footprints. They're not particularly private,’ he said, according to Canadian news reports and privacy lawyer Peter Swire, a senior fellow and guest blogger at the Center for American Progress.”
Workhorse, or stalking-horse?
Apr. 20, 2008
Professor Peter Swire was quoted in a Las Vegas Sun feature story about Nevada’s attorney general. “The state attorneys general have broad powers to oppose unfair and deceptive trade practices,” said Peter Swire, a senior fellow at the Center for American Progress and a law professor at Ohio State University. “That gives an attorney general latitude to test what seems unfair.”
Tough cookies for Web surfers seeking privacy
Apr. 19, 2008
Professor Peter Swire was quoted in Los Angeles Times story about online advertising and the information these advertising companies collect about consumers. The story states: "Peter Swire, an Ohio State University law professor who served as privacy czar in the Clinton administration, and Annie Anton, an associate professor of software engineering at North Carolina State University, highlighted the issue last week in a filing to the FTC. They encouraged the agency to create a public "white list" of allowable opt-out cookies, maintained by the government or a private-sector organization. ‘The FTC can shine a spotlight on this problem,’ Swire said in an interview.”
Google, AOL execs: Opting out of targeted ads OK by us
Apr. 17, 2008
Professor Peter Swire was quoted on a www.news.com story about advocacy groups trying to find ways to limit online advertisers’ ability to target consumers. Technology that would allow Internet users to “opt-out” of the solicitation is far from perfect, the story states. “Without a better way to get around those shortcomings, ‘we have...consumers and the FTC and industry agreeing on consumer choice and then no way to technically get there,’ said Peter Swire, an Ohio State University law professor and a former lead privacy counselor in the Clinton White House.”
If truth be told, you don't always need ID for domestic flights
Apr. 14, 2008
Professor Peter Swire was quoted in a Seattle Times story detailing that passengers flying within the United States do not need photo identification to board the flight. The story stated: “'There should be accurate notice from the government about rules that apply to citizens, and the notice that you need ID doesn't seem accurate,' said Peter Swire, a law professor at Ohio State University and the chief counselor for privacy during the Clinton administration.”
Congress Raises Call for Data Safeguards
Mar. 31, 2008
Professor Peter Swire was quoted in a Wall Street Journal article about members of the U.S. Congress calling for increased safeguards to protect citizens’ personal data. The effort came after two presidential candidates’ passport files were improperly looked at by government employees. "At least they actually had the systems in place to catch it and they took it seriously," said Peter Swire, a senior fellow at the Center for American Progress and former top privacy official during the Clinton Administration, who said some good could come of the incident. "It's sending a signal to every data clerk in the country that you shouldn't browse."
Kovacic Appointed New FTC Chairman
Mar. 27, 2008
Professor Peter Swire was quoted in a Washington Post story about a new chairman of the Federal Trade Commission. William E. Kovacic replaced Deborah Platt Majoras. The story stated: “Peter Swire, who was President Bill Clinton's privacy adviser, said Kovacic will listen to all sides. ‘Privacy advocates may not always agree with him, but he will give them a very fair hearing,’ he said.”
Antitrust approval for deal not seen as slam dunk
Feb. 1, 2008
Professor Peter Swire was quoted in multiple media in stories about Microsoft possibly purchasing Yahoo. Stories ran in the San Jose Mercury-News and PC Magazine, among others. Privacy will become "a central issue" in the antitrust review, said Peter Swire, law professor at Ohio State University law school. "The search engines have been competing this year with new privacy features. The key antitrust question is whether the proposed merger will substantially affect that competition in search privacy," Swire said.
Data Collection Consumer Notice, Consent
Jan. 30, 2008
Professor Peter Swire was quoted in story published by The Bureau of National Affairs’ Privacy Watch newsletter. “Peter Swire, law professor at Ohio State University and senior fellow at the Center for American Progress, told meeting participants that making privacy more of a priority at an early stage and weaving privacy into the process could eliminate the current approach of ‘sending out endless notices.’ Among the areas of focus recommended by Swire were increased restrictions on the use of data gathered for anti-fraud activities, limits on the collection of personal data based on the need to fulfill orders and services and conduct necessary business operations, and the setting of certain public priority exceptions for data exchange…” (Subscription required).
New gun law could force Pa. to report mental health history
Jan. 13, 2008
Professor Peter Swire was quoted in a story in the Bucks County, Pa., Courier Times about a Pennsylvania law that allows people who voluntarily commit themselves to a mental hospital to still buy guns, despite a federal law that says they can’t. “Peter Swire, now a law professor at Ohio State University, said HIPAA applies only to hospitals and insurance companies when it comes to sharing medical information. And hospitals can disclose information when it is required by law. In Pennsylvania, one such law is Act 77, which requires that involuntary commitments are reported to state police. “HIPPA does not tell the state what to do,” Swire said.
Legislating privacy: How open should information be?
Dec. 30, 2007
Professor Peter Swire was quoted in The Roanoke Times regarding the history and future of information privacy laws. The story states: “The actual writing of privacy regulations was overseen by Peter Swire, who in 1999 and 2000 advised the president as the country's first chief counselor for privacy. Now a law professor at Ohio State University, a senior fellow at the Center for American Progress and a legal consultant, Swire said the HIPAA privacy rules that eventually took effect in 2003 were a needed response to the medical industry's shift from paper to electronic records. ‘The best time to build a new system is at the start,’ Swire said.”
Faces of Business 2007: Joanne McNabb, California privacy chief
Dec. 30, 2007
Professor Peter Swire was quoted in a San Francisco Chronicle story regarding the creation of California’s chief of the state Office of Privacy Protection. “Peter Swire, a law professor who created a national privacy office for the Clinton administration and advised McNabb, said she figured out a good strategy to survive. One challenge when you're creating something new, he said, ‘is how to become relevant.’”
Google's DoubleClick deal brings greater focus on privacy
Dec. 21, 2007
Professor Peter Swire was quoted in an IDG News Service story that was published in multiple venues, including infoworld.com. “The release of the privacy principles is an important and welcome step, said Peter Swire, a senior fellow at the Center for American Progress, a liberal think tank, and a law professor at Ohio State University. Although some privacy groups blasted the FTC for approving Google's DoubleClick deal, the acquisition has helped place focus on the entire online advertising industry's privacy practices, Swire said. ‘It's good that the FTC is shining a spotlight on this industry,’ Swire said Friday. ‘Online advertising is in its second boom. They're trying lots of new techniques; some of those techniques have privacy problems.’”
F.T.C. Issues Online Ad Privacy Guidelines
Dec. 20, 2007
Professor Peter Swire was quoted in an Associated Press story regarding the Federal Trade Commission telling the online advertising industry that it needs to be more transparent about how consumers' Web-surfing habits are tracked. The story was printed in several newspapers and on several media’s web sites, including The New York Times and The Washington Post. "You shouldn't have to be a computer geek to protect your privacy," said Peter Swire, an Ohio State University law professor and senior fellow at the Center for American Progress, a liberal think tank.
He also was mentioned in a similar story on ComputerWorld.com.
Bizarre politics of the Google-DoubleClick deal
Nov. 20, 2007
Professor Peter Swire was quoted in a CNet news.com story regarding the Google’s attempt to purchase DoubleClick, an online advertising company. The story states: “That hasn't stopped antitrust enthusiasts from trying to invent ways to merge privacy and competition law by bureaucratic fiat. Peter Swire, a law professor at Ohio State, came up with two main arguments: first, that the privacy ‘quality’ of the combined company's products may suffer, and second, that privacy violations can harm ‘consumer welfare.’”
Whose records? Does medical privacy law hinder privacy?
Nov. 14, 2007
Professor Peter Swire was quoted in a Racine, Wis., Journal Times story regarding the Health Insurance Portability and Accountability Act 10 years after it was passed. The story stated: “‘HIPAA was necessary,’ said Peter Swire, a law professor at Ohio State University. In the Clinton White House he was coordinator for the HIPAA rules as they were being drafted. ‘During the 1990s, health-care payments shifted from paper to electronic. That meant that patients’ medical records were flying around in electronic form, and Congress correctly said that security and privacy and security should be built in at the same time. Before HIPAA we had no national medical privacy law.’ The resulting rule seems much closer to common sense than its critics suggest, Swire said. If a doctor needs access to health records she can have it, but those records can’t go to a boss, a pharmaceutical company, or a neighbor without the patient’s consent.”
EU review of Google bid won't cover privacy issue
Oct. 15, 2007
Professor Peter Swire was quoted in a Guardian Unlimited story about the potential privacy concerns of a pending Google-DoubleClick merger. “Professor Peter Swire, an anti-trust lawyer, said that increasingly online content was sponsored by targeted adverts which only worked if advertisers had sufficient CPI. ‘This merger unites the two biggest collectors of CPI,’ he said. ‘Combined, they will have petabytes [a quadrillion bytes] and will be able to charge publishers more for online content - and the effect will be to shrink content.’”
MySpace page for shooter a fake
Oct. 12, 2007
Professor Peter Swire was quoted in The Columbus Dispatch in a story regarding a MySpace page that was created by someone pretending to be a Cleveland teenager accused of shooting and wounding people inside his high school. “Legally, individuals are allowed to pretend to be someone they aren't as long as they don't hack into an account to do so and they don't gain financially, said Peter Swire, an Ohio State University law professor. Whether Cleveland detectives could argue that acting as Woodard did obstruct justice, Swire said, ‘I'm not so sure.’
New Facebook ad system raises privacy concerns
Oct. 11, 2007
Professor Peter Swire was quoted in a ComputerWorld.com story regarding the potential privacy concerns of new advertisements on Facebook.com. The story states: "Peter Swire, a law professor who specializes in privacy at Ohio State University, noted that the key question is whether Facebook users have given their consent for their name or face to be used to endorse products. State laws differ about how a person can give consent, he said. 'Quite possibly Facebook didn't think about this problem, and they may need to make their consent more explicit to avoid [common law privacy] problems,’ he added. In addition, there is a separate issue for obtaining consent from minors, Swire said. While states have different definitions for the age constituting a minor, those laws require parental consent to use a person's name or likeness to sell product. 'Facebook should be careful using this tool with minors," he said.
Privacy and a fiduciary standard of care
Oct. 2, 2007
Professor Peter Swire was quoted in an Investment News article regarding fiduciary standards and client privacy. The story states: “Peter Swire, a law professor at Moritz College of Law at Ohio State University in Columbus who helped draft the Gramm-Leach-Bliley Act as President Clinton's privacy counsel, said: ‘GLB applies the same to contact information and more detailed financial information. Individuals are required to have the choice to opt out before either is shared outside of the corporate family.’”
Man caught stealing Wi-Fi Internet from Reynoldsburg hotel
Oct. 1, 2007
Professor Peter Swire was featured on Columbus’ ABC 6 station at 6 p.m. Oct. 1 regarding a story about people who log into others’ Wi-Fi Internet connections. A Reynoldsburg man is under investigation after he was caught in the parking lot of a hotel reportedly downloading pornography from the hotel’s free Internet connection. Swire said that it should not be illegal to log on to Internet “hot spots” if you can find them.
Insurer to alter policies on pipes
Aug. 31, 2007
Professor Peter Swire was quoted in The Columbus Dispatch regarding Columbia Service Partners and a warranty it sells to homeowners to protect external gas lines. Despite Columbia Gas taking over authority of the external gas lines (making the warranties unnecessary), Columbia Service Partners is changing its warranty parameters and will continue to charge customers $4 a month unless customers respond to a letter saying they no longer want to subscribe, according to the story. "The problem here is that many customers will throw away the letter, but they will still be on the hook," Swire said.
Personal data: Up close and impersonal
Aug. 27, 2007
Professor Peter Swire was quoted in a Federal Computer Week story regarding the U.S. government and European Union struggling to find the right amount of information to release to fight terrorism and protect the rights of the innocent. The article states: “Despite its promise, however, anonymization isn’t used as extensively in the federal government as some security experts would like. ‘I’ve been disappointed that the U.S. hasn’t adopted anonymizing technologies,’ said Peter Swire, law professor at Ohio State University and a senior fellow at the Center for American Progress, a think tank. Swire also was the Clinton administration’s chief counselor for privacy, a now-defunct post.
Charity case spotlights spying
Aug. 16, 2007
Professor Peter Swire was quoted in an Oregonian story about a federal lawsuit filed by an Oregon Islamic charity that is suing the government over wiretapping. “It’s key to a much bigger issue: Will the American people learn how the government is spying on them?” said Peter Swire, an Ohio State University law professor who once worked in the White House on surveillance issues. “There’s an even bigger issue: Does the president have the right to ignore wiretap laws written by Congress? We’ll only find out the truth if a case like this can go forward.”
S.F. judges to hear wiretap arguments
Aug. 13, 2007
Professor Peter Swire was quoted in a story in the San Jose Mercury News and other newspapers regarding upcoming arguments before a federal court on the government’s controversial wiretapping program. The story states: “But experts are already questioning whether the law, which expires in six months, will address the broader concerns about the scope of the spying program, particularly if it went overboard in the past. ‘The statute does not change the legality of (surveillance) orders issued previously,’ said Peter Swire, an Ohio State University law professor who has testified before Congress on the spying program. ‘It does not suddenly make earlier conduct lawful.’”
Microsoft curtails how long it stores Web searches
July 23, 2007
Professor Peter Swire was quoted in the Washington Post, USA Today, the International Herald Tribune, and several other media outlets in a story detailing Microsoft’s decision to take extra steps to protect users’ privacy. "Microsoft is going to do a more thorough scrub of customer data once it is too old," said Peter Swire, a law professor at Ohio State University who served as U.S. privacy czar in the 1990s. "Previously, the practice was to do a partial scrub."
Swire was quoted in similar stories on PCWorld.com, Macworld.com, and ihotdesk.com
Gotham's Sky Spies: Surveillance network expands in Manhattan
July 15, 2007
Professor Peter Swire was quoted in a U.S. News and World Report story regarding the implementation of a massive surveillance camera system being constructed in Lower Manhattan. Civil liberties advocates criticized the system, which would connect hundreds of public and private surveillance cameras, according to the story. "At a very minimum, there should be strict procedures to delete old security tapes and ensure that there can't be unauthorized access to the system," says Peter Swire, a law professor at Ohio State who specializes in technology and privacy issues.
Feds snub open source for 'smart' radios
July 6, 2007
Professor Peter Swire was quoted in a story published in The New York Times regarding a new technology called software-defined radios and its potential vulnerability to hackers. Swire said the Federal Communications Commission’s tough mandates for the “smart radios” may be unjustified. “Obscurity works best when the hackers can’t test their attacks,” said Peter Swire, an Ohio State University law professor who has written about the tensions between closed and open approaches to computer security. “For software like this, used in distributed devices, there should be no extra burden on open source.”
Don't tell anyone: photo ID not needed to fly
July 1, 2007
Professor Peter Swire was quoted in the Fort Worth Star-Telegram on July 1 in a story about whether photo identification is needed to fly on commercial airlines. The story’s author learned that a photo ID was not required. "It's important for the government to tell us the law before they punish us," said Swire, an expert in privacy issues. "What if you drive to the airport and forget your driver's license and say, 'Oh, I can't visit Grandma,' or, 'I can't go to my business meeting'? A lot of people turn back from travel because they thought they didn't have a choice, when they really did have a choice.”
Privacy advocates criticize GAO testimony, HHS
June 22, 2007
Professor Peter P. Swire was cited in a Modern Healthcare story about the Health Insurance Portability and Accountability Act, and the U.S. Department of Health and Human Services’ failure to develop a national privacy policy for healthcare information technology. Swire criticized the government for not enforcing HIPAA violations and opposed other experts’ call for a federal pre-emption of state privacy guidelines. “I’m stressing that if we pre-empt and simply have the HIPAA standard, then that would repeal many existing privacy protections,” Swire said in the magazine.
Political Device Goes Corporate
May 21, 2007
Professor Peter Swire is quoted in the Wall Street Journal regarding the use of political campaign techniques in the corporate world, including the idea of negative making negative claims. "Another difference between the campaign and corporate worlds is that businesses have to keep making sales day in and day out, so they're more constrained in the claims they can make. There are even tougher legal restrictions on businesses about the validity of claims, notes Peter Swire, an Ohio State University law professor" in the article.
Spying on the Home Front
May 15, 2007
Professor Peter Swire discusses domestic spying on PBS' Frontline.
UPMC admits privacy violation
Apr. 13, 2007
Professor Peter Swire is quoted in this article from the Pittsburgh Tribune-Review on the possible government fines to the University of Pittsburgh Medical Center for revealing the private records of 80 patients, making it the first such fine in the country. Federal law prohibits the unauthorized release of private medical information. "The current policy is to give hospitals one free violation. That sends the wrong message," said Swire. "Compliance people in hospitals have complained that they are not getting budget and support due to this no-enforcement strategy."
Funding the FTC
Feb. 26, 2007
In an article for the Center for American Progress, Professor Peter P. Swire offered five key reasons why we must provide the Federal Trade Commission with significantly greater resources.
Watch Out for Online Ads That Watch You
Jan. 29, 2007
Professor Peter Swire is quoted in this article from PC World on online ads and the information that companies collect on visitors. "Once a database exists, people often dream up ways to use it," said Swire. "Notice and effective choice by consumers are the way to go."
Hillary: The Privacy Candidate?
Jan. 24, 2007
In this story from Wired News, Professor Peter Swire said that privacy issues are inextricably tied to health care and its efficient management and delivery -- a No. 1 topic on the Clinton agenda. "Hillary is an expert in health care -- she even did joint sessions with Newt Gingrich on building electronic health records," he says. "One of the trickiest problems is building a safe and secure system."
Wall Street Journal Examines HIPAA Loopholes
Jan. 3, 2007
This report on HIPAA loopholes from MediLexicon International uses a quote from Professor Peter Swire that appeared in an article in the Wall Street Journal (Dec. 26). "We're three years into the enforcement of the rule, and they haven't brought their first enforcement initiative," Swire said. "It sends the signal that the health system can ignore this issue."
Companies see wellness plans as cure to rising costs
Dec. 18, 2006
In this article from the Houston Chronicle, Professor Peter Swire is quoted on the issue of companies using wellness plans to keep health benefit costs down. "Workers are not primarily to blame for rising health-care costs. Monitoring employees' fat intake or other off-duty activities intrudes on employees' lives and privacy," he said. "If employers push the envelope too far, I'd expect to see a political backlash in state legislatures. Current laws might not have foreseen all the scenarios of abuse."
Privacy and the New Congress: A 2007 Preview
Dec. 14, 2006
Professor Peter Swire is quoted extensively in this issue of Inside 1to1 Privacy. Swire said he expects privacy's immediate influence to be in healthcare, where privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) have been all but ignored since the law went into effect four years ago.
Identity Theft: Providence Health's Serious Pain
Dec. 6, 2006
In this Baseline Magazine article on medical identity thefts, Professor Peter Swire said that HIPAA is "pretty much a no-enforcement system. Imagine some other area of law you care about and 20,000 at-bats and zero hits," he says, comparing the number of complaints—more than 23,000—with the number of fines.
Privacy watchdogs urge probe of spying program
Dec. 5, 2006
Professor Swire was among those called to testify by the White House Privacy and Civil Liberties Oversight Board on the Bush administration's program of wiretapping without warrants.
Cell Phone vs. Privacy
Dec. 4, 2006
Professor Peter Swire was a guest on NPR's Talk of the Nation discussing cell phones and privacy. He can be heard in the second 10 minutes of the segment.
Election Spawns New Hope for Tech
Nov. 8, 2006
Professor Peter Swire is quoted in this Wired News story on the election results and technology. Swire claims the fallout from Tuesday's election will not come in the whip count, but in the Democrats taking over committees in the House and Senate, where they can dust off the subpoena and hearing powers left largely unused by the Republicans. "For instance, Congress canceled the Total Information Awareness program, but the program seems to be continuing under other names," Swire said. "So with control of even one house, the Democrats can issue subpoenas and right now the biggest single power of being in the majority is power to issue subpoenas."
Blue, red, bourbon or gin?
Nov. 3, 2006
Professor Peter Swire was a guest on the Minnesota Public Radio show Midmorning addressing the topic of a voter's profile and consumer preferences predicting a political leaning.
Election could affect IT programs
Oct. 23, 2006
In this Government Computer News article on the upcoming election, Professor Peter Swire says that Democrats likely would seek stronger privacy enforcement over health data use under the Health Insurance Portability and Accountability Act and will be cautious about implementing electronic health records without credible security and privacy. "To date, we have 20,000 HIPAA privacy complaints but zero civil enforcement actions by the Health and Human Services Department," Swire said. "Government IT has become so important and there are so many possible privacy and security problems that it makes sense to have greater accountability."
Legal Case Against Foley Could Be Tricky to Build
Oct. 5, 2006
In a Los Angeles Times story about the possible legal case against Rep. Mark Foley, Professor Peter Swire says that some courts have held that words are not enough to constitute criminal conduct. "One question is whether mere conversation is enough to meet the federal statute," Swire said, adding that some courts could find that speech is protected under the First Amendment.
Haunted amusement shut down
Oct. 4, 2006
In this Middletown Journal story about the closing of a haunted house, the building owner recorded conversations with the building inspector and plans to use them in court, but the inspector believes the recordings cannot be used. Professor Peter Swire disagreed, saying it is legal to tape conversations in Ohio as long as one person is aware it is occurring.
Personal information becomes post-9/11 target
Sep. 8, 2006
Professor Peter Swire was interviewed on NPR's Marketplace on how in the five years since the Sept. 11 attacks, access to personal data has changed dramatically. Both audio and a transcript are available.
A question of impartiality
Aug. 31, 2006
Professor Peter Swire wrote an op-ed for the Detroit Free Press on the new conflict of interest allegations against federal Judge Anna Diggs Taylor. He states they are wrong and can cause serious mischief if allowed to stand.
Ashcroft Finds Private-Sector Niche
Aug. 12, 2006
Professor Peter Swire is quoted in this Washington Post story that looks at John Ashcroft's lucrative consulting business that works closely with homeland security. "In an era of unprecedented collection and sharing of data between the government and the private sector, 'we need checks and balances to match that paradigm shift,' said Swire."
Feds seek to trump state’s inquiry into phone records
July 26, 2006
Professor Peter Swire is quoted in the Kansas City Star story on the Bush administration's lawsuit to stop sued two Missouri state regulators from trying to find out whether AT&T turned over customer records to the National Security Agency. "State regulators are supposed to protect citizens against illegal wiretaps and other phone problems," said Swire. "These efforts to learn what the phone companies did will tell us how the law is being followed."
E-Health Gaffe Exposes Hospital
July 25, 2006
Professor Peter Swire is quoted in a WiredNews story about electronic prescription writing. "E-prescribing is a leading sector for electronic health records," says Swire. "Improper medication lists are by far the biggest source of medical errors -- there's drug-interaction problems, there's incorrect dosage problems. The single biggest saving from e-health is from e-prescriptions." Swire added that "the leak of customer information might run afoul of HIPAA, the federal electronic medical record keeping law, but that the organization in charge of enforcing the law's privacy protections has not been fiercely active."
For FTC, e-commerce means managing 'mice'
July 25, 2006
In a story on Monsters and Critics.com (Glasgow,UK), Professor Peter Swire states that the Internet's problem of consumer confidence is zoological. He breaks down e-players as either elephants - hulking powerhouses like Amazon.com and eBay - or mice - disparate, small-scale and barely visible.
Government Data Thefts Raise Privacy Protection Concerns
July 18, 2006
Quoted in a FoxNews.com story on the recent date thefts from government entities, Professor Peter Swire talks about the dilemma the Justice Department is in by asking companies like Google to maintain search records for up to two years in an effort to combat child pornography and other predatory Internet crimes.
Departing DHS privacy officer says she had support from top
July 17, 2006
In a Government Executive story on the departure of Maureen Cooney, acting chief privacy officer at the Homeland Security Department, Professor Peter Swire said the fact that the position has not been filled on a permanent basis is evidence that "the Bush administration values surveillance more than privacy."
Emergency alerts shift to digital age
July 11, 2006
In this Dallas Morning News story on the government's plan to ping cellphones and post messages on web sites to warn Americans of impending disasters, Professor Peter Swire questioned whether the alerts might "be like spam or a telemarketing call" to people who don't want to receive the government warnings.
Web Sites Make Personal Information Available: Sites Offer Information For A Fee
July 7, 2006
In a NBC 4 (WCMH, Columbus) story about the availability of personal information on the Internet, Professor Peter Swire said that there are public records that shouldn't be on the Internet.
Online pioneers defend high-tech liberties
July 6, 2006
Professor Peter Swire said that the Electronic Frontier Foundation (EFF) serves as the lawyers for the open vision of the Internet in a San Mateo Daily Journal story about the organization.
EFF Expands Influence on Digital-Rights Frontier
June 23, 2006
Professor Peter Swire is quoted on the National Public Radio program Day to Day about the Electronic Frontier Foundation. He says that the EFF has made strides in protecting on-line rights, but it has its limitations.
IT leaders team up to lobby Congress for privacy law
June 20, 2006
SC Magazine (U.K.) quotes Professor Peter Swire in a story about the Consumer Privacy Legislative Forum, which is lobbying for a detailed federal privacy law.
Consumers are King
June 20, 2006
A story at the Center for American Progress site details Professor Peter Swire's testimony before Congress regarding federal consumer privacy legislation. He represented the newly formed Consumer Privacy Legislation Forum. A link to his testimony is included.
Investigating data brokers
June 20, 2006
On National Public Radio's Marketplace, Professor Peter Swire said that under federal law, the government has to use legal means to get people's phone records. But he notes that it appears that the data centers fraudulently obtain personal information and then hand it over to police.
Corporation Lawyers and Public Privacy
June 12, 2006
Professor Peter Swire is interviewed on National Public Radio's Morning Edition.
Is data retention secure?
June 12, 2006
In an op ed piece in Federal Computer Week (FCW.com), Professor Peter Swire says that the government needs to address serious information and national security questions.
Opening up records to police
June 12, 2006
In a Marketplace (American Public Media) story about a proposed law in Rhode Island that would give police unrestricted access to phone and Internet records, Professor Peter Swire said there are no safeguards built in about how the records will be used.
Legality of Bush's wiretapping faces court challenge
June 11, 2006
In a Financial Times (FT.com) story, Professor Peter Swire said that it might be difficult for Congress to reach consensus on legislation.
Lax Enforcement Puts Medical Patients' Records At Risk
June 5, 2006
In a story about the lack of civil fines or prosecuted criminal cases as a result of the violation of privacy laws, Professor Peter Swire said that the Securities and Exchange Commission, the Federal Trade Commission find significant and high-profile cases and send a message to industry about what is permitted and what isn't. (Also see the Fort Wayne Journal Gazette)
Disclosing records clearly illegal
May 21, 2006
In an op ed piece in the Cincinnai Enquirer, Professor Peter Swire says that the National Security Agency and major phone companies broke the law in obtaining and disclosing phone records of millions of Americans.
ISP snooping plans take backseat
May 19, 2006
In a story on C-NetNews.com, Professor Peter Swire expressed concern about the security implications of a senator's proposal that would require logs of American's online activities be stored.
The Real ID
May 19, 2006
On Marketplace Money, Professor Peter Swire says there is no protection for consumers against identity theft.
Blue Security folds under spammer's wrath
May 17, 2006
In a Security Focus story about the decision of Israeli anti-spam startup Blue Security to shutter its anti-spam service, Professor Peter Swire said that the worldwide network has progressed merely from the Wild West to the equivalent of the 1920s mob-controlled urban centers
Legislation on privacy laws a sticky issue
May 17, 2006
In a story on Monsters and Critics.com (Glasgow, UK) about the U.S. government's current use of spying techniques, Professor Peter Swire compared the current privacy concerns to the '60s, when citizens were worried about their bosses using lie detectors.
BellSouth denies it gave files to NSA
May 16, 2006
In an Atlanta Constitution story in which BellSouth said it did not turn over customer calling information to the government, Professor Peter Swire said that phone records may not be released except in limited circumstances.
Bush defends spy agency's US phone record collection
May 14, 2006
In a story in Baku Today (Baku, Azerbaijan) about a lawsuit that has been filed against Verizon, Professor Peter Swire is quoted. Also see $5bn claim hits phone company (news24.com, South Africa) and Bush faces protest over phone spying (The Advertiser, Adelaide, South Australia)
Experts say phone firms at law's edge: Verizon hit with $5 billion lawsuit
May 13, 2006
In a TCNet.com story about a lawsuit filed against Verizon for allegedly violating privacy laws, Professor Peter Swire said the 1986 Stored Communications Act forbids such a turnover to the government without a warrant or court order.
Lawyer says Qwest refused data request
May 13, 2006
In a Chicago Tribune story (printed in The Olympian, Washington), a lawyer for Qwest said that his company refused to participate because he thought the program was illegal. Professor Peter Swire said that the 1986 Stored Communications Act forbids such a turnover to the government without a warrant or court order.
Phone Companies Gave NSA Millions of Call Records
May 11, 2006
Professor Peter Swire is interviewed on National Public Radio's All Things Considered regarding the National Security Agency's collection of phone records.
Cell phone activity gives detectives trail to follow
May 8, 2006
In a story in the Press-Enterprise (Riverside, Calif.) about police using cell phone technology to track a murder suspect, Professor Peter Swire said, "In the old days, cops would get the phone records that would show a link between two people in a conspiracy."
Police say cell phone tracing helped break Riverside murder case
May 6, 2006
In an Associated Press story about how police tracked the suspects in a murder case by tracking cell phone calls, Professor Peter Swire said that it is a new thing to use cell phone records to show where the people were at the time of the shooting.
Spam War Knocks Out Blogs
May 4, 2006
In a Wired News story about the claim that a junk e-mailer's vendetta was behind the attacks that took down an Israeli anti-spam company, Professor Peter Swire attributed the spammer's ire in part to Blue Security's success in blocking spam.
Federal data security law reaches turning point in Congress
Apr. 12, 2006
In a MSN Money story about the Internal Revenue Service wanting to allow the sale of tax information, Professor Peter Swire made suggestions that would put pressure on companies to be careful with data.
The Role of Regulation, Extrusion Prevention
Apr. 7, 2006
In this article in the Sarbanes-Oxley Compliance Journal, Professor Peter Swire notes that there is no one in the White House who is taking the lead in the area of privacy.
Agencies Not Protecting Privacy Rights, GAO Says
Apr. 5, 2006
In a Washington Post story about a report that says government agencies that use private information services for law enforcement and other investigations often do not follow federal rules to protect Americans' privacy, Professor Peter Swire said that the government needs to ensure that the information it buys is accurate.
IRS Records For Sale
Mar. 23, 2006
In a KSBI 52 story about an Internal Revenue Service proposal that would allow tax preparers to sell individual's tax return information, Professor Peter Swire said that consumers may not be aware they are signing over personal information.
NCL leads calls for anti-phishing action
Mar. 20, 2006
A story in SC Magazine reported on an initiative led by the National Consumers League (NCL) to combat the growing threat of phishing. It is noted that Professor Peter Swire wrote the paper that outlines NCL's call to action.
How cell phone helped cops nail key murder suspect
Mar. 16, 2006
In a New York Daily News story about how the New York Police Department used cell phone records to trace a murder suspect, Professor Peter Swire said it's up to the phone company as to how long the records are stored.
Coalition recommends new tools to battle phishing; More education, better use of 'whitelists' among requests
Mar. 16, 2006
In a Computerworld story about a report that calls on Internet companies to better combat phishing scams, Professor Peter Swire said that techniques recommended in the report can be used to track the bad guys.
High tech cops
Feb. 13, 2006
Professor Peter Swire is quoted in this Boston Enterprise article law enforcement surveillance cameras in Raynham, Mass.
Bush Keeps Privacy Posts Vacant
Feb. 2, 2006
In a story on Wired News, Professor Peter Swire encouraged the Senate to move quickly in confirming members of the Civil Liberties Oversight Board.
GPS is cheap but tracking may be illegal
Jan. 30, 2006
In an Associated Press story (in the Cincinnati Post) about the availability of tacking devices to consumers, Professor Peter Swire said that misdemeanor charges are the only legal recourse individuals have for unwanted tracking. The story also appeared in the Columbus Dispatch and the Akron Beacon-Journal.
Politicians, privacy advocates challenge spying
Jan. 29, 2006
Professor Peter Swire is quoted in this Knight Ridder story (in The Olympian, Olympia, Wash.) about charges that the government is spying.
Record fine for data breach: ChoicePoint Case Spotlighted ID Theft
Jan. 27, 2006
Professor Peter Swire was quoted in a Washington Post story about the agreement by data broker ChoicePoint Inc. to pay a $10 million federal fine over security breaches that exposed more than 160,000 people to possible identity theft. Professor Swire, who was the Office of Management and Budget's chief counselor for privacy during the Clinton administration, said "It sends a big signal." He added that "All major companies that handle personal information will see that the bar is being raised." A similar story also appeared in the San Jose Mercury News.
Making privacy a priority: Citizens should be able to browse federal sites without creating a permanent record
Jan. 23, 2006
In a column about the privacy of citizens who view federal web sites, Professor Peter Swire called for the Bush administration to designate a policy official to address privacy issues and to help convince the public that it should trust government to follow the rules.
Lawmakers to Target Sale of Phone Records
Jan. 23, 2006
In this Associated Press story (via the New York Times, Professor Peter Swire, a former Clinton administration privacy official, is quoted in this article how the sale of companies' private phone records has lawmakers and federal regulators moving to try to halt the practice.
Border-Crossing Cards May Be Official ID
Jan. 19, 2006
In an Associated Press story, printed in the Washington Post, Professor Peter Swire is quoted regarding the Homeland Security Department's proposal to issue border crossing cards for Americans re-entering the country from Canada and Mexico. Story also appeared in the Herald News Daily, Williston, N.D.
Feds take porn fight to Google
Jan. 19, 2006
In a TMCnet News story about Google denying the request of federal prosecutors to hand over millions of search records, Professor Peter Swire said that disclosing search terms could invade an individual's privacy.
Feds take porn fight to Google
Jan. 19, 2006
In this New York Times story, Professor Peter Swire is quoted about a controversial Internet pornography law that has federal prosecutors asking Google, Microsoft, Yahoo and America Online to hand over millions of search records - a request that Google is adamantly denying. "The more (the government) can figure out who the surfers are, the more people's First Amendment rights are in jeopardy," said Swire.
Government Web sites are keeping an eye on you
Jan. 5, 2006
In a story on CNETnews.com about federal agencies tracking visits to U.S. government web sites in apparent violation of long-standing rules designed to protect online privacy, Professor Peter Swire said that it is evidence that privacy is not being taken seriously.
NSA Wraps Private Firms into Intel Efforts
Jan. 5, 2006
Professor Peter Swire is interviewed about the National Security Agency's domestic spying program, which was revealed by the New York Times.
White House gets a surprise on its Web site
Dec. 30, 2005
Professor Peter Swire said that a federal agency must demonstrate a "compelling need" to use web bugs on a site in this Associated Press story (printed in the Seattle Post Intelligencer) about an outside contractor who used Internet tracking technology on the White House's web site without permission. The story also appeared in the Pittsburgh Post-Gazette on January 1, 2006.
In the Name of Homeland Security, Telecom Firms Are Deluged With Subpoenas
Dec. 30, 2005
In this Newhouse News Service story about the increase of subpoenas for information from the telecommunications industry, Professor Peter Swire said that he is hearing it is unpatriotic to insist on legal subpoenas first."
NSA's Lamest Spy Tool: Cookies
Dec. 29, 2005
In an Associated Press story on Wired News, Professor Peter Swire commented on the use of "cookies" on the National Security Agency's Internet site.
Alito Memo in '84 Favored Immunity for Top Officials
Dec. 24, 2005
In this New York Times article, Professor Peter Swire cautioned against making too much of a 1972 statement by Samuel A. Alito Jr., President Bush's Supreme Court nominee. The statement concerned granting immunity from lawsuits ordering wiretaps of Americans without permission from a court.
Alito to Face Queries on Executive Power Stance
Dec. 24, 2005
On National Public Radio's All Things Considered, Professor Peter Swire discusses the absolute immunity case which Judge Samuel A. Alito Jr. wrote about in the 1980s.
Was Focus of Patriot Act Debate a Dodge
Dec. 11, 2005
As Congress debates renewal of the USA Patriot Act, Professor Peter P. Swire noted in the Los Angeles Times story that the administrative subpoena known as a national security letter may be cause for greater concern than the "library provision."
Bush's dip in polls may affect his leverage in Patriot Act renewal
Nov. 10, 2005
In The Hill, Professor Peter Swire said that President Bush's bargaining position has weakened, and he does not have the same leverage over GOP members as he had in previous years.
Using 'Patriot Act' FBI Spies On 30,000 Citizens A Year
Nov. 6, 2005
In a story about the use of the Patriot Act, Professor Peter Swire said that even mobster "John Gotti finds out eventually that he was wiretapped" in a criminal probe.
Microsoft calls for federal privacy law
Nov. 4, 2005
In a United Press International story, Professor Peter Swire said that the Microsoft Corp. decision to call for uniform federal legislation to replace inconsistent laws currently in place to protect the privacy of Internet users is a landmark one.
The FBI's Secret Scrutiny
Nov. 4, 2005
In a Washington Post story about the use of the Patriot Act, Professor Peter Swire said that even mobster "John Gotti finds out eventually that he was wiretapped" in a criminal probe.
Homeland Security: How Far Have We Come?
Sep. 5, 2005
In a story how government and business is still searching for effective ways to share information, Professor Peter Swire cautioned that a gigantic database is a target for terrorists and other bad guys.
Va. Gubernatorial Hopefuls Use Data to Zero In on Voters
Aug. 28, 2005
Professor Peter Swire is quoted in this Washington Post story about the candidates for Virginia governor using databases of demographic information and consumer habits in creating advertising.
Europe Zips Lips; U.S. Sells ZIPS
Aug. 7, 2005
In this New York Times story, Professor Peter Swire says that the U.S. doesn't have a general framework that says privacy rules apply to everyone.
SSN: Not a candidate for patient IDs
July 12, 2005
In a Government Heath IT story about the trend toward not using the Social Security number to identify members of the American Medical Association, Professor Peter P. Swire said that the use of the Social Security number as an identifier is inherently insecure.
State to curb excessive pill use: 320 Medicaid patients to receive letters about prescriptions
June 27, 2005
In a Seattle Post-Intelligencer story about Washington State efforts to end alleged taxpayer support of painkiller addictions, Professor Peter Swire cautioned state officials and patient advocates to be careful to not reveal the names of patients.
Florida Jihad case could test U.S. wiretap laws
June 10, 2005
A Reuters story says that the Florida murder conspiracy trial of a Palestinian academic accused of funding Middle East violence could set off a legal test of U.S. surveillance laws. Professor Peter Swire said that a wiretap could be requested if the "primary purpose" is criminal prosecution as long as the "significant purpose" is foreign intelligence.
U.S. Limits Prosecutions Under Privacy Law
June 7, 2005
In an Associated Press story about the U.S. Justice Department deciding that most health care employees can't be prosecuted for stealing personal data under a privacy law intended to protect medical information, Professor Peter Swire called the opinion bad law and public policy.
Burbs: IBM Software targets privacy market
May 25, 2005
In a Journal News (Westchester, Rockland, and Putnam counties, New York) story about a new software that lets businesses share computer files more discretely, Professor Peter P. Swire said that the software is expected to have broad applications.
Brave New World
May 16, 2005
A Cincinnati Post story about the surveillance craze quoted Professor Peter P. Swire. He said that low cost cameras are readily available, making it almost free to do surveillance.
Detecting Hidden Cameras
May 13, 2005
In a report aired of WBNS-TV (Channel 10, Columbus), Professor Peter P. Swire said that people should be able to protect their space by finding hidden cameras.
Privacy and the Real ID Act
May 6, 2005
Professor Peter P. Swire discussed the Real ID Act, a proposal to standardize driver's licenses, on NPR's Morning Edition. For supporters, requiring applicants to prove residency is an important step in the war on terrorism. Professor Swire believes it creates a national ID system and causes privacy concerns.
Making the wrong move against spyware: Spyware's creators must be uniquely bad people
May 2, 2005
On C/Netnews.com, Professor Peter P. Swire was quoted about spyware and the creators of the malicious code that infects computers. An ostensibly anti-spyware bill due for a vote in the U.S. House of Representatives may not be the best way to punish these folks.
Dead Marine's Case Sparks Debate over E-Mail Privacy
Apr. 24, 2005
In a Weekend Edition (National Public Radio) story about a soldier's family trying to get his emails from Yahoo!, Professor Peter P. Swire said people have reasons for keeping e-mail messages private.
Technologies Create New Challenges for Patriot Act
Apr. 21, 2005
All Things Considered's Larry Abramson (National Public Radio) reported on a House Judiciary subcommittee hearing that focused on electronic surveillance provisions of the Patriot Act. Professor Peter P. Swire testified that an Internet-based phone call can be stored and taken later under the lower standards of the Patriot Act. While there is no evidence that this has been done, he called for revisions to the act before it does.
Patriot Act Hearing
Apr. 20, 2005
A writer for Wired talked about Professor Peter P. Swire's upcoming testimony on April 21 before the U.S. House of Representatives Judiciary Committee on the Patriot Act reauthorizations. The main focus of his testimony was to be on Section 209, which allows government access to many telephone conversations with less than a wiretap order.
Policies vary over security at courthouses
Apr. 17, 2005
In a Des Moines Register story about increased security at the two federal courthouses in Des Moines, Professor Peter P. Swire said that the right to attend trials and the right to speak anonymously limits the government's power to check IDs.
State unsure of reason for 6-hour computer security breach
Apr. 17, 2005
An Associated Press story detailed a computer security break that allowed state employees to see Ohio Department of Public Safety confidential computer files for six hours on March 7. Professor Peter P. Swire said it was irresponsible to not notify affected individuals and agencies.
Surveillance Cameras More Common Everyday
Apr. 17, 2005
In an Associated Press story about the number of surveillance cameras, Professor Peter P. Swire said that it is good law enforcement to have cameras for specific times, but that there are private moments that should not be recorded. Among the publications where this story appeared are the San Francisco Chronicle, The New York Times, the Los Angeles Times, ABC News, and USA Today.
File-sharing lawsuits to hit OSU students
Apr. 15, 2005
The Ohio State University Lantern story detailed the filing of "John Doe" lawsuits against OSU students for downloading and sharing movies illegally. The suits were filed by the Recording Industry of America. Professor Peter P. Swire said that "John Doe" lawsuits allow student defendants the opportunity to object to their names being given to the recording and motion picture industries.
A story in Information Week discussed the Homeland Security advisory committee. Professor Peter P. Swire, who addressed the committee, said that a big challenge is how to protect individual privacy in a world of data sharing.
Privacy Committee Grapples With Need To Know vs. Need To Protect
Apr. 7, 2005
In an Information Week story about the newly formed Data Privacy and Integrity Advisory Committee in the Department of Homeland Security, Professor Peter P. Swire said that a challenge facing both the public and private sector is how to protect individual privacy in a world of data sharing.
Dempsey and Louie: On a tightrope; Pair sought common ground between security, privacy
Mar. 23, 2005
In a story in Federal Computer Week about the Markle Foundation Task Force on National Security, who produced a report that was influential in intelligence reform legislation, Professor Peter Swire said that task force member Jim Dempsey was well respected.
Is privacy a casualty in war on terror?
Mar. 16, 2005
In a story in the St. Paul Pioneer Press about daily incursions into an individual's privacy and the advocates of the anti-terrorism partnership between for-profit businesses and the federal government, Professor Peter Swire called the new alliance "the security-industrial complex."
For many, privacy is a hot commodity
Feb. 27, 2005
In the Baltimore Sun article, Professor Peter Swire commented on privacy issues of today's generation.
ID Theft Scam Hits D.C. Area Residents
Feb. 22, 2005
In a BizReport story about the ChoicePoint theft, Professor Peter Swire noted that this is fraud affecting lots of people.
ChoicePoint Security Breach May Affect More Than 140,000
Feb. 21, 2005
In a story on National Public Radio's All Things Considered about the theft of records from a data base, Professor Peter Swire said that considering the information it stores, there needs to be stricter controls on ChoicePoints customers.
Groups Debate Use of Digital Information
Dec. 24, 2004
In an Associated Press story about what happens with digital information bits after their owner dies, Professor Peter P. Swire questioned whether transferring ownership of an e-mail account is a good idea.
Bit by byte, technology makes life less private
Dec. 5, 2004
A story in the Kansas City Star discussed the impact of technology on privacy issues. Professor Peter P. Swire said people often are unaware of the ways things such as e-mail can cost them their privacy.
Debate focuses on outsourcing of jobs
Dec. 2, 2004
An article in The Lantern summarized the debate on outsourcing, which was held in Saxbe Auditorium on December 1. Professors Peter P. Swire and Dale Oesterle represented opposite sides of the issue.
Revisiting the OSU-MBNA Deal
Nov. 29, 2004
WBNS-TV (Columbus, Ohio) reported that MBNA pays The Ohio State University $1.3 million per year to provide MBNA with the names, phone numbers, and addresses of the 52,000 students of the University. Additionally, the Ohio State Alumni Association has an exclusive agreement with MBNA. Professor Peter P. Swire said the university should have a system for students to "opt-out" of marketing to protect their financial privacy. "And that's what OSU doesn't have right now," said Swire.
New Software Lets Agencies Share Info, Protect Identities
Nov. 22, 2004
An article that appeared in Washington Technology discussed new software, "Anna", that lets government agencies share information while still protecting the confidentiality of the information. Professor Peter Swire said that the technique used by the software is not a complete solution to maintain anonymity.
Federal court overturns law-enforcement powers expanded in Patriot Act
Oct. 13, 2004
In The Chronicle of Higher Education, Professor Peter Swire was quoted about the provision of a law that allows government officials to demand a wide range of communications records from Internet-service providers and to forbid recipients of the letters to tell anyone about the orders.
Judges Take Second Look at E-Mail Privacy Decision
Oct. 7, 2004
Professor Peter Swire co-authored an amicus brief on e-mail wiretapping.
Bill Seeks Civil Liberties Board
Sep. 9, 2004
In a story about the proposed Privacy and Civil Liberties Oversight Board on Wired.com, Professor Peter Swire said the bill was encouraging.
The Wrong Civil Liberties Board
Sep. 1, 2004
Professor Peter P. Swire, in a guest editorial for the Center for American Progress, says that President Bush's executive order establishing the "President's Board on Safeguarding Americans' Civil Liberties" is too little, too late.
Congress Wants Rights Board
Aug. 21, 2004
In Wired News, Professor Peter Swire said that the proposed federal civil liberties commission belongs in the executive office and that the president should appoint its members.
Franklin man held on 200 child pornography charges
July 27, 2004
In the Dayton Daily News, Professor Peter Swire said that U.S. Customs agents, now part of the Department of Homeland Security, have always been charged with the investigation of global smuggling of goods, including pornography.
EBay sets up 6-month digital music test
July 16, 2004
In a USA Today story about the re-sale of digital music, Professor Peter Swire says that in the digital era, there is much greater use of licenses.
TSA exempts systems from Privacy Act
July 5, 2004
In an article in Federal Computer Week, Professor Peter Swire said that a recent move by Transportation Security Administration officials to withhold records about active investigations re-creates conditions that led to the Privacy Act.
Court Limits Privacy of E-Mail Messages
July 1, 2004
In a Washington Post story about a U.S. Court of Appeals case ruling that expands e-mail monitoring by businesses and government, Professor Peter Swire said that the ruling means that an e-mail provider can intercept one's e-mail, read them, and use them for business purposes.
Anti-Terror Laws Target Americans, Not Just Terrorists
June 15, 2004
In a Scripts Howard News Service story about how state and federal prosecutors are applying antiterrorism laws adopted after 9/11 to other broad, run-of-the-mill probes, Professor Peter Swire says he's not surprised. He says that a little noted impact of the Patriot Act is that prosecutors can add more charges against defendants, even when terrorism isn't involved.
Bogus charges, unknowingly paid
May 28, 2004
In the Washington Post, Professor Peter Swire was quoted about American privacy law and how it relates to the Federal Trade Commission accusing two men of attempting to extract more than $10 million from the checking accounts of thousands of individuals for phony discount pharmacy cards that consumers never ordered.
Upping the ante on privacy: House Democrats propose creating privacy czars
May 24, 2004
In Federal Computer Week, Professor Peter Swire said that there needs to be someone inside the White House who is working on privacy issues everyday.
Canadian Judge: Swapping songs online is legal
Apr. 1, 2004
Professor Peter Swire was quoted in USA Today regarding the ruling by Canadian judge that says Internet file-sharing is legal.
Confidentiality of Women's Medical Records
Mar. 29, 2004
Professor Peter Swire was quoted on ABC's World News Tonight, March 29, 2004, concerning the ongoing litigation about the constitutionality of the new statute banning partial birth abortions. Professor Swire discussed the confidentiality of women's medical records that the Justice Department is claiming it needs in order to litigate the case.
Fingers can do more than walking on Net
Mar. 22, 2004
In the Dayton Daily News, Professor Peter Swire noted that the Internet and computers are a source for making information more widely available.
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