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Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

77-577

WASHINGTON : 1967

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

EVERETT MCKINLEY DIRKSEN, Illinois SAM J. ERVIN, JR., North Carolina

ROMAN L. HRUSKA, Nebraska THOMAS J. DODD, Connecticut

HIRAM L. FONG, Hawaii PHILIP A, HART, Michigan

HUGH SCOTT, Pennsylvania
EDWARD V. LONG, Missouri

STROM THURMOND, South Carolina
EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana
QUENTIN N. BURDICK, North Dakota
JOSEPH D. TYDINGS, Maryland
GEORGE A. SMATHERS, Florida

SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE

EDWARD V. LONG, Missouri, Chairman PHILIP A. HART, Michigan

EVERETT MCKINLEY DIRKSEN, Illinois BIRCH BAYH, Indiana

STROM THURMOND, South Carolina QUENTIN N. BURDICK, North Dakota

BERNARD FENSTERWALD, Jr., Chief Counsel

BERNARD J. WATERS, Minority Counsel

CONTENTS

Page
129

105

102

3
66

117

137

STATEMENTS OF WITNESSES
Bahmer, Dr. Robert H., Archivist of the United States, National Archives

and Records Service, General Services Administration; accompanied by
Harry R. Van Cleave, Jr., General Counsel, General Services Admin-

istration.
DeFranco, Edward, executive assistant to director, New York State

Identification and Intelligence System.--
Eckler, A. Ross, Director, Bureau of the Census; accompanied by Howard

C. Grieves, Deputy Director, and Robert F. Drury, Assistant Director
for Operations-
Kaysen, Dr. Carl, director Institute for Advanced Study, Princeton Uni-

versity, Princeton, N.J...
Miller, Arthur R., professor of law, University of Michigan..
Piore, Dr. Emanuel R., vice president and chief scientist, International

Business Machines Corp., Armonk, N.Y---

Speiser, Lawrence, director, Washington office, American Civil Liberties

Union...

Zwick, Charles J., Assistant Director, Bureau of the Budget; accompanied

by Raymond T. Bowman, Assistant Director for Statistical Standards

Bureau of the Budget-

HEARING DAYS

1967:

March 14.

March 15.

EXHIBITS

Report of the Task Force on the Storage of and Access to Government

Statistics, Dr. Carl Kaysen, Chairman; to the Bureau of the Budget

(October, 1966)

Ross, Mr. D. Reid, executive vice president, St. Louis Regional Industrial

Development Corp., St. Louis, Mo.; letter dated March 9, 1967, from

Mr. Grossman to Senator Long ---

Letter from D. Reid Ross to Senator Long, explaining the proposal to

create a regional data bank in the St. Louis region, dated February 2,

1967 (with accompanying report elaborating on the proposal).

Letter from Senator Long to Mr. Ross (dated February 13, 1967) inviting

him to testify--

Federal Communications Commission's inquiry of November 9, 1966, and

a supplemental inquiry of March 1, 1967 (Docket No. 16979) pertaining

to the “Regulatory and Policy Problems Presented by the Interde-

pendence of Computer and Communication Services and Facilities”.

Letter to Senator Long from Professor Arthur Miller subsequent to hear-

ings regarding questions raised on “optical scanners” (March 28, 1967).

Telegram from Dr. Robert R. J. Gallati, Director, of New York State

Identification and Intelligence System, Albany, N.Y., to Senator Long

concerning Professor Miller's testimony on March 14th..

Page

141

149

APPENDIX

Memorandum for the Record concerning results of Subcommittee's ques-

tionnaire to agencies and departments RE: amount, nature, and use of

information in Government files.--

Letter to Senator Long from Leo V. Bodine, Executive Vice President,

National Association of Manufacturers, Washington, D.C., with accom-

panying report by C. L. Hutchinson, Chairman of the NAM Computer

Subcommittee RE: National Data Center..

Letter from Senator Long responding to Mr. Bodine's correspondence..

Letter from Senator Long to Chairman Rosel Hyde, Federal Communica-

tions Commission, concerning the computer and the potential invasion

of privacy--

Letter from A. Ross Eckler, Director, Bureau of the Census, to Senator Long

regarding Bureau's practices of confidentiality of information (January

26, 1967)..

Bibliography by Robert L. Chartrand, Information Sciences Specialist,

Science Policy Research Division, Library of Congress' Legislative

Reference Service.

"Information Concerning the Proposed Federal Data Center”, by Robert

Chartrand, Library of Congress

Baran, Paul; “Communications, Computers, and People”, The RAND

Corporation, Santa Monica, California.-

Corcoran, Thomas F., “On the Confidential Status of Census Reports”,

(Staff Member, House Post Office and Civil Service Committee, Sub-

committee on Census and Government Statistics)-

Karst, Kenneth L.; "The Files: Legal Controls Over the Accuracy and

Accessibility of Stored Personal Data",

Nixon, Julian; “Federal Data Centers—Present and Proposed” (Council

of Social Science Data Archives, New York, New York)-

“Privacy and Behavioral Research”, Report prepared for the Office of

Science and Technology, Executive Office of the President (not printed).

“Privacy and Behavioral Research”, by Oscar M. Ruebhausen and Orville

G. Brim, Jr.

Rothman, S.; “Centralized Government Information Systems and Pri-

vacy”.

Shils, Edward; “Privacy and Power":

“Time, Leisure and the Computer: The Crisis of Modern Technology”,

speech by Dr. Glenn T. Seaborg, Chairman, Atomic Energy Commission,

at Howard University, Washington, D.C. (March 1, 1967).

“To Preserve Privacy”, editorial from New York Times, August 9, 1966..

Computer Plan for Personal ‘Dossiers' in Santa Clara Stirs Fears of

Invasion of Privacy”, news article in New York Times of August 1, 1966

(by Lawrence E. Davies) -

“Computers Will Bring Problems Along with Their Many Benefits", news

article by Stanley Penn in the Wall Street Journal of December 20, 1966.

Letter from H. Taylor Buckner, Assistant Professor of Sociology, San Fran-

cisco State College, to The Editor of The American Sociologist, concerning

the proposed National Data Center.

Data Banks and Dossiers," by Dr. Carl Kaysen, spring (1967) issue of

The Public Interest..

COMPUTER PRIVACY

TUESDAY, MARCH 14, 1967

U.S. SENATE,
SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND
PROCEDURE, OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 1318 New Senate Office Building, Senator Edward V. Long of Missouri (chairman of the subcommittee) presiding.

Present: Senators Long of Missouri (presiding) and Thurmond.

Also present: Bernard Fensterwald, Jr., Chief Counsel; Bernard J. Waters, Senator Dirksen's office, Minority Counsel; and Benny L. Kass, Assistant Counsel.

Senator Long. The subcommittee will be in order. This morning the Subcommittee on Administrative practice and Procedure resumes hearings on the role of the computer as a potential invasion of individual privacy. Last summer, we explored proposals to create a Federal Data Center-the so-called Data Banks—with Dr. Edgar Dunn, a consultant to the Bureau of the Budget. In my opening statement last year, I said that if these proposals for a Data Bank concern themselves only with Government interests, and if individual, private interests were ignored, we might be creating a form of Frankenstein monster.

Since that hearing, considerable thought has been given, both in and out of government, to problems of privacy. Scholars, statisticians, and computer experts have met with responsible government officials in scores of meetings and panel discussions. It is probably safe to say now that if a Federal Data Center is ever created, safeguards for individual privacy will be built into the system. In fact, many electronic specie ists believe that greater safeguards can be programed into computer systems than those presently existing in the Government file cabinet.

Dr. Carl Kaysen, chairman of the Institute for Advanced Study atPrinceton, and Chairman of the President's Task Force on the Storage of and Access to Government Statistics, recently submitted his report on the Data Center to the Bureau of the Budget. In a precise and highly significant annex to this report, entitled “The Right to Privacy, Confidentiality and the National Data Center," Dr. Kaysen writes:

In general, our Committee believes that the problem of the threat to privacy can be met best by Congressional action, which defines a general statutory standard governing the disclosure of information that is collected on individuals ...

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