Slipstream: Biometric Data-Gathering Sets Off a Privacy Debate





“PLEASE put your hand on the scanner,” a receptionist at a doctor’s office at New York University Langone Medical Center said to me recently, pointing to a small plastic device on the counter between us. “I need to take a palm scan for your file.”




I balked.


As a reporter who has been covering the growing business of data collection, I know the potential drawbacks — like customer profiling — of giving out my personal details. But the idea of submitting to an infrared scan at a medical center that would take a copy of the unique vein patterns in my palm seemed fraught.


The receptionist said it was for my own good. The medical center, she said, had recently instituted a biometric patient identification system to protect against identity theft.


I reluctantly stuck my hand on the machine. If I demurred, I thought, perhaps I’d be denied medical care.


Next, the receptionist said she needed to take my photo. After the palm scan, that seemed like data-collection overkill. Then an office manager appeared and explained that the scans and pictures were optional. Alas, my palm was already in the system.


No longer the province of security services and science-fiction films, biometric technology is on the march. Facebook uses facial-recognition software so its members can automatically put name tags on friends when they upload their photos. Apple uses voice recognition to power Siri. Some theme parks take digital fingerprints to help recognize season pass holders. Now some hospitals and school districts are using palm vein pattern recognition to identify and efficiently manage their patients or students — in effect, turning your palm into an E-ZPass.


But consumer advocates say that enterprises are increasingly employing biometric data to improve convenience — and that members of the public are paying for that convenience with their privacy.


Fingerprints, facial dimensions and vein patterns are unique, consumer advocates say, and should be treated as carefully as genetic samples. So collecting such information for expediency, they say, could increase the risks of serious identity theft. Yet companies and institutions that compile such data often fail to adequately explain the risks to consumers, they say.


“Let’s say someone makes a fake ID and goes in and has their photo and their palm print taken as you. What are you going to do when you go in?” said Pam Dixon, the executive director of the World Privacy Forum, an advocacy group in San Diego. “Hospitals that are doing this are leaping over profound security issues that they are actually introducing into their systems.”


THE N.Y.U. medical center started researching biometric systems a few years ago in an effort to address several problems, said Kathryn McClellan, its vice president who is in charge of implementing its new electronic health records system. More than a million people in the New York area have the same or similar names, she said, creating a risk that medical personnel might pull up the wrong health record for a patient. Another issue, she said, was that some patients had multiple records from being treated at different affiliates; N.Y.U. wanted an efficient way to consolidate them.


Last year, the medical center adopted photography and palm-scan technology so that each patient would have two unique identifying features. Now, Ms. McClellan said, each arriving patient has his or her palm scanned, allowing the system to automatically pull up the correct file.


“It’s a patient safety initiative,” Ms. McClellan said. “We felt like the value to the patient was huge.”


N.Y.U.’s system, called PatientSecure and marketed by HT Systems of Tampa, has already scanned more than 250,000 patients. In the United States, over five million patients have had the scans, said Charles Yanak, a spokesman for Fujitsu Frontech North America, a division of Fujitsu, the Japanese company that developed the vein palm identification technology.


Yet, unless patients at N.Y.U. seem uncomfortable with the process, Ms. McClellan said, medical registration staff members don’t inform them that they can opt out of photos and scans.


“We don’t have formal consent,” Ms. McClellan said in a phone interview last Tuesday.


That raises red flags for privacy advocates. “If they are not informing patients it is optional,” said Joel Reidenberg, a professor at Fordham University Law School with an expertise in data privacy, “then effectively it is coerced consent.”


He noted that N.Y.U. medical center has had recent incidents in which computers or USB drives containing unencrypted patient data have been lost or stolen, suggesting that the center’s collection of biometric data might increase patients’ risk of identity theft.


Ms. McClellan responded that there was little chance of identity theft because the palm scan system turned the vein measurements into encrypted strings of binary numbers and stored them on an N.Y.U. server that is separate from the one with patients’ health records. Even if there were a breach, she added, the data would be useless to hackers because a unique key is needed to decode the number strings. As for patients’ photos, she said, they are attached to their medical records.


Still, Arthur Caplan, the director of the division of medical ethics at the N.Y.U. center, recommended that hospitals do a better job of explaining biometric ID systems to patients. He himself recently had an appointment at the N.Y.U. center, he recounted, and didn’t learn that the palm scan was optional until he hesitated and asked questions.


“It gave me pause,” Dr. Caplan said. “It would be useful to put up a sign saying ‘We are going to take biometric information which will help us track you through the system. If you don’t want to do this, please see’ ” an office manager.


Other institutions that use PatientSecure, however, have instituted opt-in programs for patients.


At the Duke University Health System, patients receive brochures explaining their options, said Eliana Owens, the health system’s director of patient revenue. The center also trains staff members at registration desks to read patients a script about the opt-in process for the palm scans, she said. (Duke does not take patients’ photos.)


“They say: ‘The enrollment is optional. If you choose not to participate, we will continue to ask you for your photo ID on subsequent visits,’ ” Ms. Owens said.


Consent or not, some leading identity experts see little value in palm scans for patients right now. If medical centers are going to use patients’ biometric data for their own institutional convenience, they argue, the centers should also enhance patient privacy — by, say, permitting lower-echelon medical personnel to look at a person’s medical record only if that patient is present and approves access by having a palm scanned.


Otherwise, “you are enabling another level of danger,” said Joseph Atick, a pioneer in biometric identity systems who consults for governments, “instead of using the technology to enable another level of privacy.”


At my request, N.Y.U. medical center has deleted my palm print.


E-mail: slipstream@nytimes.com.



Read More..

Stocks slip as worries about fiscal cliff return









U.S. stocks edged toward small losses Monday morning as investors kept fretting about the approaching “fiscal cliff.”

The Dow Jones industrial average was down 20 points at 12,795 in the first hour of trading. It spent most of the morning with the tiniest of gains.

The Standard & Poor's 500 index fell two points to 1,378. The Nasdaq composite lost five to 2,899.

Trading was expected to be light. The federal government and the U.S. bond market were closed for Veterans Day, and there were no economic reports scheduled for release.

The fiscal cliff refers to government spending cuts and tax increases that are scheduled to kick in at the beginning of the new year, unless a divided Congress and the White House can work out a compromise before then.

Some traders thought the small moves were nearly inevitable, because there has been no strongly positive or negative news about the economy or the possibility of a deal to avoid the fiscal cliff.

“Nothing good is going on,” said Scott Freeze, president of Street One Financial in Huntingdon Valley, Pa. “Everything forward-looking remains dreary.”

Last week, after voters returned a long-deadlocked divided government to Washington, the Dow dropped 434 points in two days and had one of its worst weeks of the year.

Even if lawmakers work out a compromise, as they usually do, the political fight until then is sure keep investors on edge, pitching the stock market back and forth until it's resolved. Economists say the cliff could cost the economy $800 billion and 3 million jobs and would plunge the U.S. back into recession.

President Barack Obama, a Democrat, and House Speaker John Boehner, a Republican, have spoken of compromise but appear to be taking firm stances on some issues. Obama will meet with labor representatives as well as other progressive groups Tuesday. He'll hold separate meetings with the business community Wednesday.

The effect on the markets has been widespread. Fiscal cliff worries were blamed for keeping a lid on European markets, which were trading mixed but nearly flat in the morning; and Asian markets, which ended mixed.

In Greece, lawmakers passed a new austerity budget, and the other countries that use the euro issued a “positive” report on the country. Greece is hoping the other euro countries will give it another $40 billion in bailout loans. The budget and the report are crucial steps.

Still, the new bailout isn't a sure thing: Some of the potential lenders must seek approval from their parliaments. Greece's main stock market index was down nearly 4 percent.

Freeze was among the underwhelmed. “At this point, all the Greek news is just noise,” he said. “None of these bailouts really solve the underlying problem. Now if all of a sudden Spain became incredibly solvent and its unemployment rate went to 5 percent, then you'd see” a reason to buy.

Across Europe, there were other reminders that the debt crisis is far from solved. The Banking Association of Spain, a country where hundreds of thousands of borrowers have fallen behind on their mortgages, said it would curb evictions of some struggling homeowners. In Portugal, demonstrators planned protests against a scheduled visit from German Chancellor Angela Merkel. Germany helped bail out Portugal last year and insisted that the government there cut spending as a condition of getting the money, a sore point for some in Portugal.

Among U.S. stocks making big moves:

— Leucadia National announced it would buy the investment banking firm Jefferies Group. The Jefferies chief will run the combined company. Leucadia, a holding company with investments in an eclectic set of industries including beef processing and medical products, dropped nearly 4 percent, 96 cents, to $20.84. Jefferies soared 12 percent, $1.78 to $16.05.

— Sherwin-Williams, the paint company, jumped 4 percent after announcing it will buy Consorcio Comex, a privately held rival based in Mexico City. Its stock rose $6.17 to $147.01.

— Best Buy leapt after announcing it had named a new finance chief, a former executive of the upscale kitchen store Williams-Sonoma. Analysts hope the new numbers cruncher can help turn around a chain that has struggled to keep up with online competitors. Best Buy's stock rose 5 percent, or 81 cents, to $16.1

Read More..

Times investigation: Legal drugs, deadly outcomes









Terry Smith collapsed face-down in a pool of his own vomit.

Lynn Blunt snored loudly as her lungs slowly filled with fluid.

Summer Ann Burdette was midway through a pear when she stopped breathing.





Larry Carmichael knocked over a lamp as he fell to the floor.

Jennifer Thurber was curled up in bed, pale and still, when her father found her.

Karl Finnila sat down on a curb to rest and never got up.

These six people died of drug overdoses within a span of 18 months.

But according to coroners' records, that was not all they had in common. Bottles of prescription medications found at the scene of each death bore the name of the same doctor: Van H. Vu.

After Finnila died, coroner's investigators called Vu to learn about his patient's medical history and why he had given him prescriptions for powerful medications, including the painkiller hydrocodone.

Investigators left half a dozen messages. Vu never called back, coroner's records state.

Over the next four years, 10 more of his patients died of overdoses, the records show. In nine of those cases, painkillers Vu had prescribed for them were found at the scene.

Vu, a pain specialist in Huntington Beach, described himself as a conscientious, caring physician. He declined to comment on individual cases, citing confidentiality laws, but he said he treats many "very, very difficult patients" whose chronic pain is sometimes complicated by substance abuse and depression, anxiety or other mental illness.

"Every single day, I try to do the best I can for every single patient," he said in an interview. "I can't control what they do once they leave my office."

Prescription drug overdoses now claim more lives than heroin and cocaine combined, fueling a doubling of drug-related deaths in the United States over the last decade.

Health and law enforcement officials seeking to curb the epidemic have focused on how OxyContin, Vicodin, Xanax and other potent pain and anxiety medications are obtained illegally, such as through pharmacy robberies or when teenagers raid their parents' medicine cabinets. Authorities have failed to recognize how often people overdose on medications prescribed for them by their doctors.

A Los Angeles Times investigation has found that in nearly half of the accidental deaths from prescription drugs in four Southern California counties, the deceased had a doctor's prescription for at least one drug that caused or contributed to the death.

Reporters identified a total of 3,733 deaths from prescription drugs from 2006 through 2011 in Los Angeles, Orange, Ventura and San Diego counties.

An examination of coroners' records found that:

In 1,762 of those cases — 47%— drugs for which the deceased had a prescription were the sole cause or a contributing cause of death.

A small cadre of doctors was associated with a disproportionate number of those fatal overdoses. Seventy-one — 0.1% of all practicing doctors in the four counties — wrote prescriptions for drugs that caused or contributed to 298 deaths. That is 17% of the total linked to doctors' prescriptions.





Read More..

IBM surprised by Avantor lawsuit, calls claims exaggerated
















(Reuters) – IBM, which is being sued by chemicals manufacturer Avantor Performance Materials for fraud and breach of contract in connection with a software project, said the accusations were blown out of proportion and that it was surprised by the move.


“We believe the allegations in the complaint are exaggerated and misguided and are surprised that Avantor chose to file suit,” the company said late on Friday in an emailed statement.













IBM said it had “met its contractual obligations and delivered a solution that Avantor continued to use in its operations.”


Avantor, which produces chemicals and raw materials for pharmaceutical products, laboratory chemicals and chemicals used in the electronics industry, filed a lawsuit on Thursday in the U.S. District Court for the District of New Jersey.


It said it was seeking tens of million in damages from IBM, which according to the lawsuit, had misrepresented the capabilities of a software program that runs on a platform by SAP, resulting “in a near standstill” of Avantor’s business.


(Reporting By Nicola Leske; Editing by Vicki Allen)


Tech News Headlines – Yahoo! News



Read More..

Bond soars with record $87.8M 'Skyfall' debut

LOS ANGELES (AP) — The sky's the limit for James Bond's "Skyfall."

The 23rd Bond film hauled in a franchise-record $87.8 million in its first weekend at U.S. theaters.

According to distributor Sony, adding $2.2 million from Thursday night previews at large-format theaters, "Skyfall" has taken in $90 million domestically.

That lifts the worldwide total for "Skyfall" to around half a billion dollars once its weekend haul is counted overseas, where the film began rolling out in late October. As of last Thursday, "Skyfall" had rung up nearly $350 million internationally.

The third installment starring Daniel Craig as British super-spy Bond, "Skyfall" outdid the $67.5 million U.S. debut of 2008's "Quantum of Solace," the franchise's previous best opening.

"Skyfall" more than doubled the $40.8 million debut of Craig's first Bond film, 2006's "Casino Royale."

Read More..

Lenders, title insurers find new ways to delay or kill mortgages









Do you know the difference between credit rescoring and credit repair?

Apparently, some lenders don't. As a result, they are refusing to fund mortgages that they otherwise would approve.

At the same time, some title companies are starting to play hardball with borrowers who have recently undertaken home improvement projects. Even if the work is relatively minor, and even if it has been completed, the companies are refusing to issue title insurance policies, effectively stopping refinancings in their tracks.








For as long as Richard Temme of Woodland Hills Mortgage in Woodland Hills can remember, title companies would write policies on properties with recent or ongoing construction as long as the borrower agreed to indemnify the company against mechanic's liens. But lately, the mortgage broker reports, title firms have become much more cautious.

The typical indemnification holds the title company harmless from any liabilities, losses, damages, expenses or charges the company may incur because of mechanic's lien disputes between the borrower and the contractor. Borrowers also usually agree to defend any action based on a lien and do all the things necessary or appropriate to clear the lien from the title.

But in an increasing number of cases, that is not enough, Temme says. "We've seen title companies declining to issue on many more loans" than in the past, he says. As a result, he adds, "even minor home improvement projects, recent or unfinished, can hold up or kill a loan."

This may be a California phenomenon because the laws are different in other states. But in the Golden State, contractors, subcontractors and suppliers can file liens retroactively to the day they started their work or furnished materials.

If that date of the lien is before the day the mortgage is closed, the lien, not the mortgage, is in the first position. As a result, some title agencies are not writing policies unless the borrower can put a much higher level of net worth behind the indemnification, Temme says. And some are not accepting any indemnification at all.

Meanwhile, otherwise good loans are being rejected by lenders that confuse rescoring with credit repair. They are not the same.

Credit repair is often a scam. In fact, attorneys at the Federal Trade Commission say they've never seen a legitimate operation that offers to erase bad credit, create a new credit identity on your behalf or remove bankruptcies, judgments, liens or bad loans from your record. If the bad information in your file is correct, there is nothing that can be done to remove it, at least not legally.

No wonder lenders want nothing to do with applicants who have paid someone to clear accurate data from their records. If you have bad credit, after all, you are probably a bad risk.

Rescoring, on the other hand, corrects errors in your file, which may result in an increase to your all-important credit score.

Whereas credit repair firms are not legitimate, the 70-odd companies that provide rescoring are credit reporting agencies that work with the national credit repositories — Equifax, TransUnion and Experian. As resellers of credit information contained within the three repositories, they not only provide the majority of all credit reports but also have a legal obligation to you and your creditors.

Moreover, according to Terry Clemans of the National Credit Reporting Assn., rescoring is a program developed in conjunction with and processed through the big three credit repositories. Indeed, each repository maintains a special rescoring department that deals directly with resellers.

When a credit file is rescored, it is checked twice for accuracy, first by the reseller and again by the national repository. It is, Clemans says, "one of the safest transactions for any creditor because everything is double-verified."

If a change is warranted — say, a trade line was reported incorrectly, or the damaging information is not yours but someone's with a similar name — the miscue is corrected at the repository level and a new credit report and credit score are issued.

If you believe data in your credit file are incorrect, you can have the data removed on your own if you have the time and patience. It can take anywhere from 30 to 45 days. But if you are in a hurry, you can pay a reseller to do it for you, usually within 24 to 72 hours, Clemans says. The cost ranges from $50 to a few hundred bucks, depending on how complex the problem is.

Rescoring has been a popular service for seven or eight years, Clemans says, and he thinks some lenders are so worried about bad risks that they are confusing credit rescoring with credit repair. He calls it a "knee-jerk reaction after all the pain" resulting from the mortgage meltdown.

"I have heard from lenders … claiming they are trying to protect themselves from consumers 'gaming' the system for better rates," he says.

But as Clemans sees it, lenders that object to rescoring are basically telling a consumer seeking a quick resolution of incorrect data that they can't have it corrected for that particular loan application. As a result, he wonders whether it is lenders who are gaming the system in an effort to force borrowers into higher interest rates.

Whether or not that's true, there's little that would-be borrowers can do besides take their business elsewhere — or sue the lender under the Fair Credit Reporting Act.

As far as mechanic's liens are concerned, mortgage broker Temme is telling his refinancing customers to advise the title company in writing of any construction or rehab projects on the property. Otherwise, he says, if a lien is filed, the title company may sue for the amount it has to pay the lender to pay off the lien.

And tell the title firm early. Even if the company will accept an indemnification, the process can take weeks, he says, noting that loans can be lost during that period.

lsichelman@aol.com

Distributed by Universal Uclick for United Feature Syndicate.





Read More..

California plans to drop warrants for some parole violators









SACRAMENTO — State corrections officials are poised to drop the arrest warrants of thousands of parole violators, releasing them from state supervision at a time when their detention would complicate efforts to ease crowding in state and county lockups.

The Department of Corrections and Rehabilitation intends to begin a massive review next week of more than 9,200 outstanding warrants, starting with individuals who were convicted of nonviolent crimes and absconded from supervision. Over the next eight months, parole field offices across the state will be given lists of missing felons, 200 at a time, to review and determine if retaining them on parole "would not be in the interest of justice."

The mass purge is an attempt to ease the burden on counties in July, when the state hands off responsibility for parole revocations to local courts, said agency spokesman Jeffrey Callison. Weeding out cases that are years old, or of parolees nobody is looking for, will make it easier to focus on those who pose a threat, he said.





It will not, Callison said, "allow some paroles to 'get off the hook.' "

"I have been told that discharging people is not the point of the exercise," he said Friday.

Which is exactly the claim of some victims' advocates who are infuriated by the state's so-called warrant review project.

"It's mass amnesty for felons," said Assemblyman Jim Nielsen (R-Gerber), a vocal opponent of Gov. Jerry Brown's plans to ease state prison crowding by shifting responsibility for low-level offenders to counties.

When inmates are released from state prison, they are required to report to a parole officer. When a felon does not appear, or disappears later, an arrest warrant is issued. With low-level offenders now serving time in county jails, the state's parole population is shrinking dramatically because those released from jail go to county probation, not state parole.

But the same law that shifted responsibility for low-level offenders also requires county courts to take over most revocation hearings for parole violators. The warrant review will remove many of those potential cases.

The plan calls for parole agents to review about 7,000 warrants against low-level offenders to determine if those parolees have violent offenses or multiple felonies, belong to gangs or committed new crimes. Agents will then decide whether to drop the warrant and release the felon from parole.

Once that review is completed, the agency may undertake a similar study of outstanding warrants against missing parolees who committed serious or violent offenses, indicating that they too might be released from state supervision.

Sexual offenders are excluded from the reviews.

Callison said the state has no idea how many parolees may be released from supervision. Nielsen, former chairman of the Board of Prison Terms, estimated it would be 70%.

"This is as close as just letting people go as we've come," said Todd Gillam, a Northern California parole agent and vice president of the Parole Agent Assn. of California.

Gillam said the mass reviews overlook the value of leaving outstanding warrants in law enforcement computer systems, especially for routine matters such as traffic stops. "The warrant is a warning, to alert the officer that this guy is a problem," he said.

Gillam and others said parole agents are under pressure to release felons from state supervision as soon as possible.

Those criticisms come as the corrections department reacted to a report in the Fresno Bee on Friday that the man who killed two people at a chicken processing plant in Fresno earlier this week, then killed himself, was released from parole over the objections of his parole agent. The gunman, Lawrence Jones, was freed from prison in June 2011 and discharged from parole in May, even though his parole agent deemed him a danger.

The state corrections department "greatly regrets the tragedy," spokesman Luis Patino said, "but it must be noted that Jones had been out in the community for almost a full year and a half when he apparently committed this heinous crime.... Neither CDCR, nor any other law enforcement agency, can guarantee that someone will not commit a crime out in the community once they have been released from prison."

The newspaper's report also came on the same day that the governor named a new state parole chief: Daniel Stone, a longtime agency employee and former parole officer. Stone's appointment over the Division of Adult Parole requires state Senate confirmation.

paige.stjohn@latimes.com





Read More..

Feline Frisky With Cats That Look Like Pin-Up Girls


















Read More..

Justin Bieber and Selena Gomez call it quits

NEW YORK (AP) — A source confirms to The Associated Press that Justin Bieber is no longer Selena Gomez's "Boyfriend."

The source is not authorized to discuss the split with the press and spoke on condition of anonymity.

The breakup apparently happened last week, and distance and their busy schedules were cited as factors.

The 18-year-old "Boyfriend" singer is touring to promote his latest album, while 20-year-old Gomez is filming a "Wizards of Waverly Place" reunion for the Disney Channel.

The pair first stepped up publicly in February 2011.

E! News was the first to report the split.

Bieber seems to be doing OK, at least publicly. On the red carpet of Wednesday's Victoria's Secret fashion show he said, "I'd rather be here than anywhere in the world."

___

Online:

http://www.justinbiebermusic.com/

http://www.selenagomez.com/

Read More..

The New Old Age Blog: More Time to Enroll in Medicare If You Live in Storm Areas

Medicare beneficiaries battered by Hurricane Sandy have one fewer problem to worry about: Federal officials have extended the Dec. 7 deadline to enroll in a private medical or drug plan for next year for those still coping with storm damage.

The Centers for Medicare and Medicaid Services “understands that many Medicare beneficiaries have been affected by this disaster and wants to ensure that all beneficiaries are able to compare their options and make enrollment choices for 2013,” Arrah Tabe-Bedward, acting director for the Medicare Enrollment and Appeals Group, wrote in a Nov. 7 letter to health insurance companies and state health insurance assistance programs.

Beneficiaries hit by the storm can still enroll after the Dec. 7 midnight deadline if they call Medicare’s 24-hour information line: 1-800-MEDICARE (1-800-633-4227). Representatives will be able to review available plans and complete the enrollment process over the phone.

“We are committed to giving people with Medicare the information and the time they need to make important decisions about their coverage,” a Medicare spokeswoman, Isabella Leung, said in an e-mail message. Medicare officials have not set a new deadline but have encouraged beneficiaries to make their decisions soon if possible.

People currently in a plan will be automatically re-enrolled for next year in the same plan.

The extra time also applies to any beneficiaries who normally get help from family members or others to sort through dozens of plans, but who have been unable to do so this year because they live in areas affected by the storm. Neither beneficiaries nor those who provide them assistance will be required to prove that they experienced storm damage.

“This is a really important recognition by CMS to accommodate Medicare enrollees affected by Hurricane Sandy,” said Leslie Fried, director for policy and programs at the National Council on Aging, an advocacy group in Washington.

After the hurricane, the Obama administration declared Connecticut, New Jersey, New York and Rhode Island “major disaster areas,” according to the Federal Emergency Management Agency. In addition, FEMA issued emergency declarations for parts of Delaware, the District of Columbia, Maryland, Massachusetts, New Hampshire, Pennsylvania, Virginia and West Virginia.

More than four million older people in those states are enrolled in drugs-only plans, and more than 2.8 million have Medicare Advantage policies, which includes medical and drug coverage.

Susan Jaffe is a writer for Kaiser Health News, an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente.

Read More..