Gellman, supra note 319, at 71. Back to text at note 325.

326. See Privacy and Participation, supra note 325, at 608. If you own a house, chances are the purchase price, addresses, and other information can be found on LEXIS, library ASSETS. Back to text at note 326.

327. As states move to distributing benefits electronically, see, e.g., Texas Replaces Food Stamps With Food Cards, N.Y. Times, Nov. 27, 1995, at B5 (describing plan to distribute food stamps via electronic funds transfer at grocery check out), they will inevitably create new databases. Back to text at note 327.

328. See generally Symposium: Privacy and ITS, 11 Santa Clara Computer & High Tech. L.J. 1 (1995). Back to text at note 328.

329. Traffic flow can be managed by adjusting the times of traffic lights, or communicating to drivers the need to consider alternate routes. If the ITS includes a system by which the driver selects the destination but the ITS chooses the route, the system can route around bottlenecks without driver intervention. Back to text at note 329.

330. See Margaret M. Russell, Privacy and IVHS: A Diversity of Viewpoints, 11 Santa Clara Computer & High Tech. L.J. 145, 163 (1995). The Government of Singapore requested bids on a road-pricing system that would communicate with cars and charge their smart cards as they passed various points on the road. Chaum, supra note 235, at 101. Back to text at note 330.

331. Russell, supra note 330, at 164-65. Back to text at note 331.

332. The famous "low speed chase" of OJ Simpson began when he was located by tracing the movement of his cellular telephone. Simpson, Under Suicide Watch, is Jailed After a Bizarre Chase, N.Y. Times, June 19, 1994, at 1. Back to text at note 332.

333. See Timothy Egan, Police Surveillance of Streets Turns to Video Cameras and Listening Devices, N.Y. Times, Feb. 7, 1996, at A12. Back to text at note 333.

334. American Express accumulated more than 500 billion bytes of data on how its customers used 35 million charge cards between 1991 and 1994. Laurie Hays, Using Computers to Divine Who Might Buy a Gas Grill, Wall St. J., Aug. 16, 1994, at B1. By 1993, the United States had more than 328 million general purpose (e.g., VISA, MasterCard, American Express, Discover, and Diners Club) credit cards in circulation. The cards were used for $223.92 billion worth of charges in the first six months of 1993. Matthews, supra note 215, at 233. Worldwide credit and debit card use continues to increase, although the number of card in use and the willingness of merchants to accept them varies greatly in different countries. See Paying With Plastic, The Economist, Nov. 4, 1995, at 115. Back to text at note 334.

335. "Data mining is the process of discovering meaningful new correlations, patterns and trends by sifting through large amounts of data stored in repositories, using pattern recognition technologies as well as statistical and mathematical techniques." Commercial Parallel Processing Conference, The Computer Conference Analysis Newsletter, Oct. 11, 1995 available online LEXIS library Nexis, file Curnws (reporting on presentation of Erick Brethenoux, Gartner Group); see also Kevin Fogarty, Data Mining Can Help to Extract Jewels of Data, Network World, June 6, 1994, at 40 (describing the practice of 'data mining' by which corporations accumulate and manipulate enormous data bases). Cf. GTE, Knowledge Discovery Mine, available online URL gtel/sponsored/kdd/Welcome.html (collecting links to various sources of information on data mining). Back to text at note 335.

336. Commercial Parallel Processing Conference, supra note 335 (reporting on presentation of Douglas Newell, Tessera Enterprise Systems). Back to text at note 336.

337. On the constitutional protection of the right to read anonymously see infra text accompanying note 397. Back to text at note 337.

338. See Herbert N. Foerstel, Surveillance in the Stacks: The FBI's Library Awareness Program (1991); Ulrika E. Ault, Note, The FBI's Library Awareness Program: Is Big Brother Reading Over Your Shoulder?, 65 N.Y.U. L. Rev. 1532, 1532-39 (1990) (describing FBI library monitoring program); American Libraries, July/Aug. 1988, p. 562-63. When the program became public in 1987, and encountered heavy criticism, the FBI responded by running "index checks" on 266 critics to see if they were part of a Soviet campaign to discredit the library monitoring program. Gordon Conable, The FBI And You; Did The FBI Investigate You As Part Of Its Library Awareness Program? Here's How To Find Out, 3 Am. Libr. 245 (Mar. 1990), available online LEXIS library Nexis, file Arcnws. Back to text at note 338.

339. The importance of this may decrease as services aimed at the home user increasingly move to dynamic IP numbers, in which IP numbers are temporarily assigned to users while logged in and then returned to a pool of available numbers. Back to text at note 339.

340. I have received such advertisements. Back to text at note 340.

341. See Greely, supra note 323. Back to text at note 341.

342. Colin Bennett, Regulating Privacy: Data Protection and Public Policy in Europe and the United States 18 (1992); see also Lyon, supra note 313, at 84. Back to text at note 342.

343. See David J. Curry, The New Marketing Research Systems 7-12 (1993). Back to text at note 343.

344. See Inquiry on Privacy Issues Relating to Private Sector Use of Telecommunications-Related Personal Information, 59 Fed. Reg. 6842, 6842 (1994) [hereinafter Inquiry on Privacy Issues] ("As the [National Information Infrastructure] develops, Americans will be able to access numerous commercial, scientific, and business data bases . . . [and] engage in retail, banking and other commercial transactions . . . all from the comfort of their homes."); see also Microsoft and Visa to Provide Secure Transaction Technology for Electronic Commerce, PR Newswire, Nov. 8, 1994, available in WESTLAW, PRNews-C database (announcing plans to provide secure electronic bankcard transactions across global public networks using RSA encryption). Back to text at note 344.

345. Inquiry on Privacy Issues, supra note 344; cf. Jeffrey Rothfeder, Privacy for Sale: How Computerization Has Made Everyone's Private Life an Open Secret 28 (1992); David Burnham, The Rise of the Computer State 20, 23-25 (1983). Back to text at note 345.

346. "90% of large companies are building, or planning to build, a data warehouse." Commercial Parallel Processing Conference, supra note 328 (reporting on presentation of Scott F. Miller, VP High Performance Computing); cf. Cheryl D. Krivda, Data-Mining Dynamite, Byte, Oct. 1995, at 97 (describing creation of data warehouses). Back to text at note 346.

347. See, e.g., Pilot Software Launches Major New Data Mining Initiative, Bus. Wire, Nov. 8, 1995, available online LEXIS library News file curnws (describing ambitious plan to design techniques to "discover and explore relevant hidden and predicative information housed in massive data warehouses"). Back to text at note 347.

348. See G. Bruce Knecht, Is Big Brother Watching Your Dinner and Other Worries of Privacy Watchers, Wall St. J., Nov. 9, 1995, at B1 (quoting warning by Rep. Jim Moran of Virginia). Back to text at note 348.

349. Robert GarcXia, "Garbage In, Gospel Out": Criminal Discovery, Computer Reliability, and the Constitution, 38 UCLA L. Rev. 1043, 1065 (1991). Back to text at note 349.

350. For an alarming account of FinCEN, see Steven A. Bercu, Toward Universal Surveillance in an Information Age Economy: Can We Handle Treasury's New Police Technology?, 34 Jurimetrics J. 383, 429 (1994). Back to text at note 350.

351. Office of Technology Assessment, U.S. Congress, Making Government Work: Electronic Delivery of Federal Services 144 (OTA-TCT-578 1993). Back to text at note 351.

352. Lyon, supra note 313, at 12; Simitis, supra note 316, at 707. Back to text at note 352.

353. On public disclosure, see the magisterial discussion in Kreimer, supra note 84. For an interesting and skeptical account of the issues in private disclosure, see Lillian R. Bevier, Information About Individuals in the Hands of Government: Some Reflections on Mechanisms for Privacy Protection, 4 Wm. & Mary Bill Rts. J. 455 (1995). Back to text at note 353.

354. See Paul Schwartz, Data Processing and Government Administration: The Failure of the American Legal Response to the Computer, 43 Hastings L.J. 1321, 1324 (1992) (stating that from an international perspective, the American legislative response to computer processing of personal data is incomplete); for a careful description and critique of European and Canadian data protection laws, see David H. Flaherty, Protecting Privacy in Surveillance Societies (1989). Back to text at note 354.

355. See Privacy Act of 1974, 5 U.S.C. § 552a (1995). Back to text at note 355.

356. Fair Credit Reporting Act, 15 U.S.C. § 1681 (1995). Back to text at note 356.

357. See generally Priscilla M. Regan, Legislating Privacy (1995); Bennett, supra note 342. Back to text at note 357.

358. Lyon, supra note 313, at 15. Back to text at note 358.

359. Pub. L. No. 99-508, 100 Stat. 1860 (codified at 18 U.S.C. § 2701 (1988)). Back to text at note 359.

360. Michael deCourcy Hinds, Personal But Not Confidential: A New Debate Over Privacy, N.Y. Times, Feb. 27, 1988, at 56. Back to text at note 360.

361. See Flaherty, supra note 354, at 406-07 (concluding extensive comparative study with warning that while it is possible to have effective data protection commissions, it is also possible they will be viewed as "a rather quaint, failed effort"). Back to text at note 361.

362. Conversation with Peter Swire, Associate Professor of Law, University of Virginia, Jan. 4, 1996. Back to text at note 362.