Jusletter IT

If they can change the meaning of ordinary English, they can change the law.

  • Author: Orlan Lee
  • Category: Short Articles
  • Region: Jordan
  • Field of law: LEFIS (Legal Framework for the Information Society)
  • Collection: Conference proceedings IRIS 2011
  • Citation: Orlan Lee, If they can change the meaning of ordinary English, they can change the law., in: Jusletter IT 24 February 2011
The drive to collect and exploit personal data did not originate with national security concerns or with the revolution in information technology. These only fired the «private eye» ambitions of the private sector personal data collection industry. The system of collection and trading in personal data and credit information in the United States had been developing on the fringes of the financial services industry for many years. The Fair Credit Reporting Act (FCRA) of 1970, and its amendments, attempted to regulate a number of abuses that had grown up in that industry and laid down rules for the verification and correction of patently false information. In the one area of provision of employee background information, it codified requirements of notice and consent. Yet, when the federal agency authorized to enforce FCRA began supplying language they would accept as satisfying the letter of the law to avoid its burdens to human resources managers and consumer reporting agencies, notice and consent was completely undermined, not only for the FCRA, but also for the 4th, 5th, and 6thAmendments to the Constitution of the United States – that is for the right to be secure from search and seizure, subject to judicial warrant; the right to know the nature of an accusation, and to confront one’s accusers; and the right to due process of law.


  • 1. Investigating «Consumers» vs. Investigating «Misconduct in the Workplace» – Can «Consumer Reporting Agencies» Investigate only «Consumer» Activity?
  • 2. The Advent of Private Sector Personal Surveillance in the U.S.A
  • 3. Answering Concerns over Sexual Harassment in the Workplace
  • 4. From a «Consumer Reporting» Law to Investigating «Misconduct in the Workplace»
  • 5. From Management Liability to Employee Liability
  • 6. From «Consumer Reporting» to Vigilante Criminal Investigation
  • 7. Subterfuge in Obtaining Employee «Authorization»
  • 8. Can the CRA Redact its Sources from the «Investigative Consumer Report» for Their Protection?
  • 9. Completing the Circle to Vigilante Justice

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