Can a state government prohibit an individual from posting Social Security numbers online that were easily and legally obtained from government Web sites?
The answer, a federal judge in Virginia ruled last week, is a definite 'No,' at least for Betty "BJ" Ostergren, a privacy advocate who operates a Web site that posts Social Security numbers obtained from public records.
In a memorandum issued last Friday (download PDF), Judge Robert Payne of the U.S. District Court for the Eastern District of Virginia ruled that it would be unconstitutional for the state of Virginia to force Ostergren to remove from her site Social Security numbers that she legally obtained from public records.
The lawsuit challenged the constitutionality of an amendment to Virginia's Personal Information Act, which forbids the dissemination of any records that contain Social Security numbers, no matter how the records were obtained.
Ostergen, who has been working for several years to force Virginia county governments to redact Social Security numbers and other personal data from records posted online, contended in the suit that the law was passed specifically to curtail her campaign.
Ostergren pointed to at least two U.S. Supreme Court rulings saying that it is unconstitutional to prevent the publication of information -- even sensitive material -- that is legally available in the public domain.
In the 33-page ruling issued last week, Judge Payne held that the same logic applies in the case of Social Security numbers posted on Ostergren's Web site.
"It is difficult to imagine a more archetypal instance of the press informing the public of government operations through government records than Ostergren's posting of public records to demonstrate the lack of care being taken by government to protect the private information of individuals," Payne wrote.
Automated summary from: Computer World