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There's No Crime In Privacy Protest

Betty Ostergren believes Social Security numbers should not be accessible on the Internet, but she has a peculiar way of making her point.

The Hanover County privacy activist culls through online court records looking for personal identification numbers, and she has routinely posted those belonging to politicians and famous people on her Web site.

She says she's trying to draw attention to the problem of identity theft. There's an obvious disconnect between her goal and her tactics. Former U.S. Secretary of State Colin Powell is not responsible for Virginia's decision to put real estate records online. But she slapped his mortgage on her Web site and won herself and her cause free air time on the Lou Dobbs and Paula Zahn news shows.

According to a new state law, it is illegal to disseminate Social Security numbers, even those readily available on public, government- operated Web sites. Attorney General Bob McDonnell made the correct decision last week when he opted not to roll out the big guns on Ostergren just yet. She's raised legitimate constitutional questions about the new law's infringement on speech, and those issues demand the dispassionate attention of a judge.

U.S. District Judge Robert Payne expressed concern during a recent court hearing about state requirements that court clerks post real estate records online before procedures are fully implemented to redact Social Security numbers.

He's not giving Ostergren a pass, either, challenging whether she would also claim the right to post child pornography to draw attention to that social scourge. It's a good question, but there is a difference. Posting child pornography on the Internet is illegal, and the replication of that act is a new crime. However, Ostergren is simply doing what court clerks across the state can do without facing a $2,500 fine.

Ultimately, state lawmakers need to come up with the funding to make sure all Social Security numbers are removed from online court documents, rather than expending time and energy going after a woman who so obviously enjoys the attention.

For her part, Ostergren might want to consider whether she would be a more effective advocate if her outrageous tactics did not make her part of the problem.



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