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Tracking Bay Area Traffic Creates Concern for Privacy

August 26, 2002
By ADAM CLYMER






SAN FRANCISCO, Aug. 23 - Drivers who use electronic passes
to pay bridge tolls in the San Francisco Bay area will soon
find themselves participating in a broad government
traffic-watch program, with highway officials tracking
their movements throughout the region to gather data on
delays and driving times.

The Metropolitan Transportation Commission is to begin
installing about 150 roadside transponders in November for
a network that will eventually cover 500 miles of freeway.
Philip E. Agre, an expert on electronic surveillance, said
he believed it was the first routine government use of the
technology for any purpose other than collecting tolls.

While privacy advocates have said they are wary of the new
system, commission officials insisted that it had many
safeguards to ensure the anonymity of drivers and that it
would never become a tool of law enforcement or other
prying eyes.

The transponders are electronic devices that communicate
with counterparts on car dashboards. The current system,
known as FasTrak - the local equivalent of EZ-Pass in the
Northeast - is used to charge drivers $2 tolls at eight
bridges in the Bay Area. The new system, called TravInfo,
will track the speeds and the locations of the cars of
FasTrak users over a far wider area, sending the
information to government computers, which will use the
data to track the flow of traffic. More than 200,000
vehicles participate in FasTrak.

Motorists will be able to call a toll-free number to avoid
delays on freeways, said Michael A. Berman, project manager
for the $37 million system.

Mr. Berman said several layers of security would ensure the
privacy of drivers when the system goes into operation in
November - first on 17 miles of Interstate 80, between
Oakland and Vallejo.

He said his system would be quite different from FasTrak
itself, which sends customers monthly statements saying
which bridges they have crossed, with the date, time and
direction of travel. While the new transponders will read
each car's FasTrak pass, they will immediately assign it a
generic identity tag not linked to the car owner's name or
to any other personal information, he said.

The system's encryption key will change daily, and all data
about individual cars will be purged from the computers
every 24 hours, Mr. Berman said.

He said the commission would sooner scrap the system than
make private information available to the state police or
the Federal Bureau of Investigation.

The commission would do so because it was aware that
drivers had not signed up for FasTrak expecting "to have
someone know where they are at all times," Mr. Berman said.


While several privacy experts praised the initial design of
the system as considerate of the privacy of drivers, they
said they worried that it could be altered later.

Jayashri Srikantiah, a staff lawyer for the American Civil
Liberties Union here, said: "In this environment, we're
very concerned that a system, which initially installed has
some checks for anonymity, would be expanded so that it is
used to surveil innocent motorists. All it takes is a small
tweak in the system."

Beth Givens, founder and director of the Privacy Rights
Clearinghouse, an advocacy group in San Diego, said her
initial hostility had been dimmed by the way the system
planned to encrypt information and to purge it daily.
"Given those two things, it's hard for me to be quite so
negative," Ms. Givens said. But, she cautioned, "They can
always change their policy."

Toll collection records have been used by the police in the
New York area, Massachusetts and Florida. But tracking
devices only on toll highways or at bridges and tunnels
offer more limited surveillance than the Bay Area system
would without privacy safeguards.

Dr. Agre, an associate professor of information studies at
the University of California at Los Angeles, said the
system's design made it appear unsuited for surveillance.
"If they don't know who you are, they can't give you up."

Building privacy protection into the technology gives him
some confidence that the authorities cannot change it
immediately, he said.

But, he asked, "How hard is it for them to change the rules
once the hubbub dies down or when some social imperative
demands one more piece of information?"

Karen Coyle, speaking for a local chapter of a group called
Computer Professionals for Social Responsibility, said she
worried that someone could use bribery to get information
from the system or hack into it.

"We have seen that once data exists, people do come up with
ideas for other ways to use it, and some of those are very
tempting," Ms. Coyle said.

Mr. Berman said the concerns were the reason the commission
planned to install safeguards.

He added: "It's hard for me to sit here and prove a
negative - that I'm not going to do what I say I am not
going to do. We're not going to change the policies. We're
not going to comply with the California Highway Patrol if
for some reason they ask us to change the policies."

But if such assurances are not enough, he offers one more
protection. All FasTrak users will be sent a simple device
to keep the transponders from tracking their car: a Mylar
bag.

A driver can put his FasTrak pass into the bag, and the
transponders will never know it is there.

http://www.nytimes.com/2002/08/26/national/26HIGH.html?ex=1031365839&ei=1&en=730b81f4bc15fd52



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