"It is a common misconception that easy access to public records has facilitated other types of fraud, identity theft, or land fraud."
That's the assertion set forth in a white paper authored by members of the Property Records Industry Association entitled, "Privacy and Public Land Records: Making Practical Policy". PRIA, a self-described membership-driven organization composed of business and government members of the property records industry, released the white paper in January 2006, which goes on to say that,
"[w]hile posting documents that contain certain key information on the Internet, such as credit card numbers, social security numbers, and signatures, can provide a criminal with some of the information needed to commit identity fraud or theft, there is no evidence to support any claim that this is systematically being done to perpetuate identity theft crimes. There are many easier, and far more efficient, ways for identity thieves to obtain this information in today's world, as opposed to combing through public records and hoping to find something - a ‘needle in the haystack' approach."
I have to wonder just how much research PRIA did before reaching that conclusion, because it didn't take very much effort for me, a dumb ol' abstractor, to find numerous such instances doing a simple Google search. The rampant deed fraud in Florida and Texas that I blogged about recently must have escaped PRIA's notice. I wonder if they knew of the incident in December 2005 in Scottsdale, Arizona, in which a 23-year-old methamphetamine user showed police the method he used to steal identities. He logged onto a local county website and pulled up a divorce document which listed not only names, but addresses of the parties, bank account numbers and even scans of signatures. According to one report, the website contained thousands of such documents.
The Federal Trade Commission lists the top five states for identity theft as Arizona, Nevada, California, Texas and Colorado. The numbers from Arizona are double the national average, due in large measure to the decision of county officials to post public records on the Internet, according to a 2006 study by Javelin Strategy and Research, which states that one in six adults in that state has had their identity stolen within the past five years.
PRIA's white paper also argues that free access to sensitive information contained in public records is "actually a very effective weapon in combating identity fraud and theft", although it cites no direct evidence to support that claim.
"Commercial databases compiled using public records for identity authentication are routinely used to detect fraud, including credit card application fraud, insurance application fraud, and other types of fraud. Thus, efforts to restrict the collection and use of personal information contained in public records, though well intended, actually may hinder efforts to prevent identity theft by depriving businesses, government and law enforcement officials of valuable data that is used to authenticate identities and protect the public."
That's small consolation, I'm sure, to the family of Amy Lynn Boyer, a New Hampshire college senior who was stalked and murdered in 1999 by an obsessed former classmate who purchased her Social Security Number and other personal information from an online data broker. Or the 145,000 Americans whose personal information was stolen from data giant ChoicePoint by criminals who set up fake company accounts and downloaded sensitive information compiled from public and private records.
So, as the Internet increasingly becomes a haven for fraudsters, cyberstalkers and identity thieves, organizations like PRIA continue to assure us that that's "just a common misconception" and that free access to online public records actually helps to fight cybercrimes.
Gee, I feel safer already.
I just read PRIA's one sided agenda driven "white paper". The association attempts to skirt the real issue which is remote access and cheap bulk transfer. They make a good case for keeping the records open but carefully skirt around the fact that these records have been open for decades. They claim that the right of the people is somehow threatened if international companies or criminals anywhere in the world are not allowed easy remote access via the internet and electronic transfer of the digitized records in bulk.
The laws they cite were crafted at a time when remote access and the massive transfer of entire county repositories was not possible. At the time the laws were written the concept of access by the people could have only meant people who were physically present within the jurisdiction of the repository. Some legal definitions of "the public" limit the definition to those within the jurisdiction and there are laws that county officials must comply with that keep the records within the confines of local jurisdiction. Many public notices for example are required to be posted on boards within the confines of the courthouse or in newspapers that serve the interests of local citizens.
The PRIA white paper does not define who should have access. It is difficult to believe that when the various state and federal legislators wrote laws regarding public access they intended for the public to mean anyone anywhere in the world with access to the Internet. Does PRIA really expect us to believe that our forefathers intended "public access" to the records of American citizens means remote access from half way around the world by criminal cartels in Nigeria or terrorists in Afghanistan?
According to Secretary of Defense Donald Rumsfeld, speaking on January 15, 2003, an al Qaeda training manual recovered on a laptop computer in Afghanistan tells its readers, "Using public sources openly and without resorting to illegal means, it is possible to gather at least 80 percent of all information required about the enemy."
PRIA's white paper is a thinly veiled attempt to mislead legislators into turning away from their primary duty to protect American citizens and instead protect PRIA's interest in exploiting the American public at tax payer expense. Will they succeed? Possibly, but only if the American people and the people we elect are as foolish as PRIA seems to think.