Activist challenges new law on records: Online ban on Social Security digits said to violate free speech

By Frank Green

Jun. 12, 2008 (McClatchy-Tribune Regional News delivered by Newstex) -- An activist is challenging a new state law that will bar the dissemination of Social Security numbers even if they are readily available to the public on government Web sites.

Betty "BJ" Ostergren, who has campaigned against the online posting of Social Security numbers, filed a complaint in federal court yesterday aimed at stopping the state from enforcing the law, which takes effect July 1.

Kent Willis, executive director of the ACLU of Virginia, which is assisting Ostergren, said the organization favors laws preventing the government from posting Social Security numbers on publicly accessible Web sites.

But, he said, "this is a free-speech matter -- you have a right to download anything from a public Web site and do with it what you please."

Willis said that the new law takes effect the same day circuit court clerks across the state are required to make land records available on the Internet, some of which might include legal judgments containing Social Security numbers.

"Thus, while allowing and even requiring public agencies to make public records containing [Social Security numbers] available online, the new legislation will make it unlawful for individuals to do so," the complaint alleges.

Willis said Ostergren's Web site, www.TheVirginiaWatchdog.com, includes public records obtained by Ostergren from government Web sites that include the Social Security numbers of public officials.

Ostergren, of Hanover County, said yesterday that the General Assembly passed the law "because I have posted a lot of the delegates' and senators' own records showing their Social Security numbers which is on [documents] gotten from circuit court clerks."

"I believe in open government," Ostergren said. But, she added, "if you want to get into anybody's business, drive to the courthouse."

The law, charges the suit, "will severely chill Ms. Ostergren from posting public documents to her Web site."

David Clementson, a spokesman for the Virginia attorney general's office, said yesterday that the filing was being reviewed and that there was no immediate comment.

Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.

Newstex ID: KRTB-0177-25942913