Data Privacy and Census Tech

The first official tally of American households was recorded in the 1790 Census. Every ten years since, the Census Bureau has collected data about the number of people living in the United States. Once again, the Census Bureau is asking all people who live in the United States to stand and be counted. 

The 2020 Census questionnaire, distributed in mid-March, asks questions about who resides in a particular household, the type of dwelling they occupy, and the relationships that link them as members of a household unit. Obtaining accurate data is essential to ensuring the most equitable distribution of government funds as well as political representation at every level of the government. Demographers and statisticians, concerned about low compliance and, therefore, inaccuracy in the official count, are especially concerned about this census for two reasons: the increasing mistrust of government among some people living in the United States and the coronavirus pandemic. These factors may impact the willingness and/or ability of people to complete the questionnaire, forcing reliance on other federal government data to supplement the Census and provide a more realistic picture of the population as a whole. 

The Census Bureau is trying to mitigate the fears of government data misuse and reassure people that personal data will be keep confidential. Protecting privacy in the age of big data is a monumental challenge. When so much of our personal identification information is already in the hands of Silicon Valley leviathans less concerned with privacy than profits, and data breaches are increasingly common, it’s not difficult to see why people might question the government’s promise to maintain confidentiality. Moreover, in the age of big data, it is increasingly easy to identify an individual person with just a few demographic facts since so many other data points already exist to flesh out exactly who someone may be. This “mosaic effect” allows savvy data miners to combine existing open data sets with, for instance, the 2020 census data to identify specific individuals. To combat this, the government builds various disclosure avoidance methods into their calculations. For the 2020 Census, the method of choice is called “differential privacy,” a strategy that has both adherents and skeptics, but that, for now, many experts claim, is the best option for balancing risk of disclosure and accuracy of data. To learn more about this approach to data management and the Census Bureau’s “privacy loss budget,” see the following:

• Differential Privacy for Census Data Explained (National Conference of State Legislatures)

• Will the Census Improve Open Data Privacy Protections? (Government Tech)

• Can a Set of Equations Keep U.S. Census Data Private? (Science)

• Census 2020 Will Protect Your Privacy More than Ever – But at the Risk of Accuracy (The Conversation)

A Call for Justice: SCOTUS to Hear Oral Arguments via Telephone

Access to accurate information from trustworthy, authoritative sources is the key to an effective public health campaign. Maintaining reliable channels for sharing that information is just as critical. In the age of the Internet, we are bombarded with health data and facts (not to mention conjecture and outright lies), but during the flu pandemic of 1918, communicating with the public about how to best mitigate the spread of disease was definitely more of a challenge. The telephone, invented more than 40 years before the outbreak of the Spanish flu, held great promise. Although home phones were still quite uncommon, social interaction via the nascent telecommunications infrastructure of the day was a viable option for some.  

While people sheltered in place and avoided public gatherings, the telephone became an increasingly indispensable tool for maintaining life as usual. However, unlike the Internet, which consistently serves up information via a network of anonymous computers, early telephones required human intervention. Operators manually connected each caller, via a switchboard, to an intended recipient. Like computers stacked in server farms around the world, these telephone operators executed calls, connecting one node to another. Also like computers in a server farm, these telephone operators worked in very close quarters at banks of switchboards, the perfect environment for sharing not just information but germs. With so many operators falling victim to the flu and unable to work due to their illness, communication by phone became difficult. Phone companies asked callers to limit telephone use and to reserve open phone lines for doctors and drug stores. Despite the promise it held as a powerful communications tool, the early telephone had a weak link – the vulnerable human.

Strangely, as a sure sign that history does in fact rhyme, the telephone is again having a moment. Those of us fortunate to be performing our jobs from home can communicate, collaborate, and remain productive thanks to an array of sophisticated tech tools and the infrastructure that supports them. We’ve gotten comfortable with Zoom and Trello and Slack, but the telephone -- at least for spoken conversation -- has become almost vestigial. Not so for the highest court in the land. For six days in May, the United States Supreme Court will hear oral arguments by telephone. In a press release issued on April 13, 2020, the Court said:

“In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media. Details will be shared as they become available.”

With so many media resources at our disposal and no shortage of real-time citizen journalists (as well as snarky would-be comedians) providing synchronous commentary on Twitter, those who listen in to the live audio will be able to monitor their various feeds as the arguments are being made. The channels for communicating have no doubt expanded, but the humble telephone is still playing a significant – indeed, historic -- role in the pursuit of justice in the time of COVID-19.

Digital Resources for Advanced Planning During Difficult Times

Yesterday, Houston Volunteer Lawyers announced publication of a new resource; a Do-It-Yourself Guide for Handwritten “Holographic” Wills. This is an excellent resource for Texans who are unable to access services to help with estate planning, such as HVL’s Will-a-thon program, during this time of public health concern.

Advanced Planning Resources

HVL’s announcement reminds us that it is important to know where to find resources to plan for incapacity when you are ready to do so. To help, here are some resources that provide information about wills, powers of attorney, medical directives, and more:

• Self-help eBooks from the Texas State Law Library

• Free access to Guardianship Manual from TexasBarBooks

• Advance Directive forms, including a Durable Statutory Power of Attorney form, from the Texas Department of Health and Human Services

• Transfer on Death Deed - forms and information from TexasLawHelp.org

The Law Library is open... virtually!

Like many public spaces, the Law Library is currently closed to the public as public health concerns continue. However, many of the valuable services and resources are still available through our Virtual Reference Desk.

As many professionals in our local legal community transition to working remotely, access to the legal databases that they typically access in the Law Library remains important. Likewise, self-represented litigants have fewer options to access the resources they need to access justice as public spaces are temporarily closed.

The Law Library is here to help. We have worked with vendors, including Lexis, Westlaw, HeinOnline, and the State Bar of Texas, to make valuable resources available through document delivery via our Virtual Reference Desk. Our law librarians are standing by to help you find the legal research materials you need to Stay Home and Work Safe!

Our law librarians are also collecting the information you need to comply with emerging tech requirements. For example, as local courts transition to video conferencing for hearings and more depositions take place remotely, our Video Conference Resource Guide helps you find the learning opportunities you need to keep working in the new normal. Download your copy here!

Learn more about remote depositions and video conferencing with a new video CLE from the Houston Bar Association!

Now is a great time to improve your tech skills with training opportunities from the Law Library’s Legal Tech Institute. Visit the Learn On-Demand page to find learning opportunities that are available at home or on the go.

Sources of Emergency Info in Harris County

Map of areas in Houston under boil water notice on Feb. 28, 2020. Click to visit the information Page from ReadyHarris.org

Last week, a 96-inch-diameter water pipe was damaged on the East side of Houston causing water pressure to drop throughout the nation’s fourth most-populous city. Without water pressure, restrooms and fire sprinklers in many public buildings were compromised, and a boil notice was issued for Houston and surrounding municipalities. It was an acute example of a time when access to government information becomes critical for the health and safety of millions of people in a very short period of time, which makes now a good time to provide a list of sources of local government information in times of emergency:

Offices of Emergency Management

Both Harris County and the City of Houston have offices of emergency management that disseminate information online about incidents, road and service closures, and cleanup assistance programs:

• Harris County Office of Homeland Security and Emergency Management

  • ReadyHarris.org

  • Twitter: @ReadyHarris

• Houston Office of Emergency Management

  • HoustonOEM.org

  • Twitter: @HoustonOEM

Emergency Alerts

You can receive alerts via text, email, and phone from Harris County and the City of Houston. Sign up and management alert settings at:

• Harris County Emergency Alerts: ReadyHarris.org

• Houston Emergency Alerts: houstonemergency.org/alerts/

Traffic and Road Hazard Information

Information about hazardous driving conditions and road closures are available from Houston Transtar at https://www.houstontranstar.org/

Court and Related Office Closures

There are several types of courts in Harris County, which post closure information to different websites depending on court type. Additionally, the appellate, district, and county courts have clerks’ offices that post court closure information. Find useful resources here:

• 1st and 14th Texas Courts of Appeals: Twitter: @TxCourts

• Harris County District Courts (including civil, family, juvenile, and criminal-felony): https://www.justex.net/

  • Harris County District Clerk: https://www.hcdistrictclerk.com

• Harris County Courts (including Civil and Criminal Courts at Law and Probate Courts): http://ccl.hctx.net/

  • Harris County Clerk: https://www.cclerk.hctx.net/

• Harris County Justice of the Peace Courts: jp.hctx.net

• City of Houston Municipal Courts: https://www.houstontx.gov/courts/