Legal Affairs

No, Find-A-Grave Wasn’t Exactly “Hacked”

There are dozens of messages floating around the Internet claiming that the FindAGrave.com web site (a product owned by Ancestry.com) has been hacked and that all the information from the FindAGrave.com site appears on another web site, https://peoplelegacy.com.

It appears that the site at https://peoplelegacy.com republished all the information in violation of copyright laws. In fact, the second web site claims THEY own all the copyrights on all the images contributed by genealogists to Find-A-Grave, which strikes me as a rather brazen claim.

Another claim on PeopleLegacy states “All data offered through PeopleLegacy.com is derived from public sources” which seems questionable.

Let’s set the record straight:

European Parliament Votes in Favor of Controversial Copyright Laws

At this time, the new, restrictive copyright law passed yesterday by the European Parliament will only affect countries in the European Union. However, elements of many European Parliament legislation often show up within a few years in the laws of other countries around the world. The latest law should be a warning to genealogists.

The 438 to 226 vote, described as “the worst possible outcome” by some quarters, could have significant repercussions on the way we use the internet.

Quoting from an article on Slashdot:

Fort Wayne City Council Votes 6-3 against Business Tax Proposal, Saving the Allen County Public Library and Other County-funded Agencies

About two weeks ago, I published A Fort Wayne, Indiana, City Councilman Proposes Eliminating the Annual Budget for the Allen County Public Library at http://bit.ly/2N1DdUX. In the article, I described a proposal by Fort Wayne City Councilman Jason Arp to cut the budget of the Allen County Public Library to the point that it will no longer be able to sustain itself. Arp proposed elimination of Allen County’s business personal property tax. Because the funding of the largest genealogy collection of any publicly-owned library would be reduced or possibly be eliminated, Arp suggested that Amazon should and could replace libraries, thus saving taxpayers money.

The Fort Wayne City Council voted 6-3 last night against the business tax proposal that would have had tremendous impact on the Allen County Public Library and other city entities’ budgets. Three council members voted in favor of the proposal: Arp, Ensley, and Jehl, while the remaining members of the council, both Democrat and Republican, voted against the proposal.

Details may be found in an article by Dave Gong in the (Fort Wayne) Journal-Gazette at http://bit.ly/2onYYjP.

My thanks to the several newsletter readers who wrote to tell me of this victory for genealogists.

Colorado Enacts Consumer Privacy Law Effective September 1, 2018; Federal Action on Privacy Issues

The following is an email message posted to the IAJGS Public Records Access Alert mailing list by Jan Meisels Allen, Chairperson, IAJGS Public Records Access Monitoring Committee. It is republished here with the permission of the author:

Colorado joins the states taking on consumer privacy protections by enacting House Bill 18-1128, signed by Governor Hickenlooper on May 29, 2018 and which becomes effective September 1, 2018. To read the summary see: http://leg.colorado.gov/bills/hb18-1128, and for full text see: http://leg.colorado.gov/sites/default/files/documents/2018A/bills/2018a_1128_signed.pdf. The bill requires entities to implement and maintain reasonable security procedures, proper disposal of documents that contain confidential information, ensure that confidential information is protected when transferred to third parties, and notify affected individuals of data breaches in the shortest time frame in the country.

Covered entities are those that “maintain, own or license personal identifying information (PII) of a Colorado resident”. PII is defined to include: a social security number; personal identification number; password; passcode; official state or government-issued driver’s license or identification card number; government passport number; biometric data; employer, student, or military identification number; or financial transaction device.

Ancestry.com Says 23andMe’s DNA Patent is Invalid

Several months ago, genealogy company 23andMe Inc. filed a lawsuit against rival Ancestry.com claiming false advertising and patent infringement. 23andMe asked the courts to invalidate the “Ancestry” trademark. The lawsuit claimed Ancestry sells a DNA-based ancestry test that infringes 23andMe’s patent. See my earlier article at http://bit.ly/2L9ewBC for the details.

In court yesterday, Ancestry told a California federal judge that the patent is invalid under the U.S. Supreme Court’s Alice standard because it’s not inventive and relies on natural phenomenon.

A decision by the court is expected within a few weeks.

A Fort Wayne, Indiana, City Councilman Proposes Eliminating the Annual Budget for the Allen County Public Library

The Allen County Public Library in Fort Wayne, Indiana, contains the largest genealogy collection of any publicly-owned genealogy in the U.S. It is also one of the largest research collections available anywhere, incorporating records from around the world. Thousands of genealogists travel to Fort Wayne every year to take advantage of the resources available in this unique collection. While in the city, these same genealogists obviously spend millions of dollars at local businesses, including hotels, restaurants, and more. The money spent by genealogists are an immense help for local business people.

Now Fort Wayne City Councilman Jason Arp has proposed cutting the budget of the Allen County Public Library to the point that it will no longer be able to sustain itself. Arp recently proposed to eliminate Allen County’s business personal property tax. Arp suggests that Amazon should and could replace libraries, thus saving taxpayers money.

A European Union Court Rules that Online Photos Can’t Simply be Republished without Permission

A few weeks ago, I reported a Virginia federal court decision that finding a photo on the Internet and then using it without permission on a commercial website can be considered fair use. The decision is controversial, is not a landmark ruling that needs to be enforced by other courts, and may be overturned by a higher court before long. You can read more about that ruling in my earlier article at: http://bit.ly/2MxLsEU.

Now a European Court has ruled almost the opposite: internet users must ask for a photographer’s permission before posting their images online, even if the photos were already freely accessible on other websites. The court stated, “The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorization by that author.”

U.S. Census Bureau Takes Hits from Lawsuits, GAO Review, and Cancelled Contract

Just 21 months before the next decennial count, the Census Bureau—under acting leadership—faces challenges in the courts, from auditors, and from a mishandled printing contract for key forms.

According to a report by Charles S. Clark in the RouteFifty web site:

“Commerce Secretary Wilbur Ross continues to confront legal challenges to the reasoning behind the decision to go against agency researchers’ advice and add a politically sensitive citizenship question to the 2020 questionnaire.

(US) Senators Harris and Carper Introduce Legislation to Ensure Gender Identity Sexual Orientation to 2030 Census

The following announcement was posted to the International Association of Jewish Genealogical Societies (IAJGS) mailing list by Jan Meisels Allen and is republished here with her permission:

Senator Kamala Harris (D-CA) and Senator Bob Casey (D-PA) introduced legislation that would require the 2030 US census to add questions about gender identity an sexual orientation. The focuses is to expand data collection so that the LGBTQ community is fully accounted for in government resources.

In addition, the bill entitled, Census Equality Act, would require the American Community Survey to added questions on these topics to the 2020 version. Every year 3.5 million households talk this in-depth questionnaire.

DNA Testing by the Canadian Government to aid Deportations Leaves Plenty of Room for Misinterpretation and Mistreatment

The Canada Border Services Agency recently has been collecting the DNA of immigrants and using a genealogy DNA website to find and contact their distant relatives and establish their nationality.

Border security has become a political hot potato with the arrival on foot from the United States of 30,000 asylum seekers since January 2017, putting strains on Canada’s refugee system and provoking a public backlash. Most of the refugees being refused entry are not U.S. citizens escaping the political turmoil south of the Canadian-U.S. border. Instead, most are originally from other countries, often ones that do not have extensive records of their own citizens’ births or other vital statistics.

Canada announced last week it was expanding the collection of biometrics such as fingerprints and photos for refugee claimants, individuals facing extradition, and foreign nationals seeking a temporary resident visa, work permit, or study permit. CBSA claims it always obtains consent from the individual before submitting their DNA to these websites.

Reclaim The Records wins a Legal Request for the New Jersey Death Index

Thanks to the efforts of Brooke Schreier Ganz and Reclaim The Records, all of the New Jersey death index records for about half of 1920-1924, all of 1925-1929, and then from 1949 to 2017 are now available online. That is despite an earlier request by a different organization that “…tried to get a copy of the very same death index from the New Jersey Department of Health on his own. Oh no, said an attorney for the state to [you], we can’t just give you a copy of the death index! Why, we have rules about mortality data, and privacy!”

Reclaim The Records took a different approach by hiring an attorney and filing a similar request under New Jersey’s Open Public Records Act (OPRA). The request was soon filled without resistance by the state. The information supplied is an INDEX, not images of the original records.

Best of all, it’s now all online for free at www.NewJerseyDeathIndex.com!

You can read more in the report by Brooke Schreier Ganz at http://bit.ly/2NN1RWk.

U.S. Census Should Be More Transparent About Cyber Protections, Former Officials Say

The U.S. Census Bureau will conduct its first largely online decennial census in 2020 but hasn’t said how it will secure the process. The U.S. Census Bureau should detail for the American people how it will secure their information as it prepares to accept online questionnaires for the first time during the 2020 decennial survey, former top government cyber officials said Monday.

That should include technical details about how the bureau will encrypt questionnaires and whether it will encrypt them both in transit and once they’ve arrived in government computer networks, the former officials said in a letter organized by a division of Georgetown University’s Law Center.

Details are available in an article by Joseph Marks in the Route Fifty web site. Click here to read it.

(US) Census Comments Invited on Proposed Information Collection 2020 US Census

The following message was posted to the International Association of Jewish Genealogical Societies (IAJGS) mailing list by Jan Meisels Allen, Chairperson of the IAJGS Public Records Access Monitoring Committee:

The (US) Federal Register published on June 8, 2018 an invitation to the public to submit comments on proposed information collection for the US 2020 Census. Comments must be received by August 7, 2018.

Concern is that there not be an undercount of people living in different areas—cities, towns, rural areas as that results in the loss of federal funds. The undercounts may affect children, minorities including Asian Americans, Latinos, African Americans. American Indians and Alaska Natives, homeless, low incomes and people of Middle Eastern descent.

A major concern to some, and one which is the subject of several law suits is the addition of a question on citizenship which may deter some from responding. This has been discussed in previous IAJGS Record Access Alerts.

You Can Inherit Facebook Content Like a Letter or Diary, German Court Rules

A German court ruled Thursday that Facebook content can be passed onto heirs in the same manner as letters, books, or diaries are passed on today. The ruling comes after the parents of a teenager who died in 2012 after being hit by a train argued Facebook should allow them to access her account, including her private messages, to determine whether she committed suicide.

You can learn more at http://alturl.co.

Keep in mind that this is a decision by a German court. It probably will not affect the rules in other countries. Instead, you might want to think about what happens to your Facebook account (and other accounts as well) after your demise.

 

Citizens for Responsibility and Ethics in Washington Presses the U.S. National Archivist on Record Preservation

A nonprofit legal watchdog on Friday asked the national archivist to investigate the reported disappearance and destruction of records linking immigrant families separated at the border.

The request was prompted by a July 5 New York Times report, which said that Customs and Border Protection officials had deleted records with family identification numbers in hundreds of cases, according to two Department of Homeland Security officials who spoke to the Times anonymously.

DHS spokeswoman Katie Waldman denied that the agency had destroyed any such records.

Court Rules Copying Photos Found on Internet is Fair Use

This ruling will affect many genealogists who are building or are maintaining web sites:

A Virginia federal court has made a decision that photographers won’t be happy to hear: the court ruled that finding a photo on the Internet and then using it without permission on a commercial website can be considered fair use.

Genealogists Turn to DNA and Family Trees to Crack Five More Cold Cases

A few weeks ago, any mention of using DNA matches to identify long-unsolved murders created headlines around the world. This crime-solving technique has become popular so quickly that it might not even rate a mention in today’s newspapers. It’s happening everywhere!

An article by Heather Murphy in the New York Times briefly mentions 4 murders and one suicide that have produced new evidence in the past few days from GEDmatch.com‘s DNA matching service. The same article also prominently describes the efforts of CeCe Moore, a genetic genealogist now working with Parabon, a forensic consulting firm, and a person well-known to genealogists who use DNA in their family tree research efforts.

You can read the article at: https://www.nytimes.com/2018/06/27/science/dna-family-trees-cold-cases.html.

Reclaim the Records Petitions the State of New York to Explain Why the New York State Department of Health Grants Access to Public Records to Ancestry.com and yet Denies Access to the same records by Reclaim the Records

Reclaim the Records, an open-government group, has asked a judge to put sunlight on the Ancestry.com’s correspondence with public officials in New York. The petition may be found at https://www.courthousenews.com/wp-content/uploads/2018/06/Ganz-v-DOH.pdf.

Filed on June 21, 2018, the petition in Albany Supreme Court comes from the nonprofit Reclaim the Records and its founder, Brooke Schreier Ganz. Only the New York State Department of Health is named as a respondent, but neither that agency nor Ancestry.com agreed to comment.

Ganz says she submitted a request to the Department of Health in January 2016 for copies of the New York state death index between Dec. 31, 1956, and June 1880, or the earliest date available. The State of New York did not answer her request. Yet, while she was waiting for a response from her 2016 request, Ganz says the same agency produced “digitized records of the New York State Death Index to Ancestry.com in under three months.”

You can read all the details in an article by Christine Stuart in the Courthouse News web site at: https://www.courthousenews.com/sweetheart-ancestry-com-deal-alleged-in-ny.

 

One Month Into GDPR – What The Effect Has Been

The following is a message posted to the IAJGS Public Records Access Monitoring Committee’s mailing list by Jan Meisels Allen:

It’s just past one month since the General Data Protection Regulation went into effect in the European Union. These are some of the things that occurred as a result of the GDPR:

1. The cessation of some genealogical data bases from being on the Internet:

  • 450,000 Records Removed From Online Access at Dutch Archives—such as the Tilburg Regional Archive online family cards collection dating from 1920-1940; other branches including Amsterdam, Alkmaar, Eemland and more have removed data from the Internet.
  • World Famous Network Y-DNA project ceased operation
  • Y-Search and Mitosearch projects of FamilyTree DNA were closed the end of May. While the announcement did not state they were closing due to the GDPR, the timing is at least “curious.”

Vermont Legislature Passes H-16 on Birth and Death Records

The following is a message posted to the IAJGS Public Records Access Monitoring Committee’s mailing list by Jan Meisels Allen:

On June 25, 2018 the Vermont Senate and House concurred on the final version of H-16. It is en route to the governor who has until Saturday to sign the bill or it becomes law without his signature. The vital records provisions of the new law will become effective July 1, 2019.

Provisions of the law regarding vital records include:

Town clerks are required to permanently preserve birth and death certs issued before July 1, 2019. Birth and death certificates issued either before July 1, 2019 or after, are part of the State Registration system unless they were issued before 1909. The new “law” authorizes non-certified birth certificates. The “law” limits to whom a certified birth or death certificate may be given to: spouse, child, parent, sibling, grandparent, or guardian; a person petitioning to open a decedent’s estate; a court-appointed executor or administrator For death certs it also has provisions for the funeral director etc. to obtain the record. It authorizes but  does not state who may obtain a non-certified certificate.  It does state that the State Registrar may prescribe procedures governing the inspection of birth and death certificates if necessary to protect the integrity of the certificates or to prevent fraud.