Consider what is on the internet about you

UPDATE

03/17/2008 Here is an article which reinforces the importance of the information set out below.

Please consider what is – or is not – on the internet about you

I am hearing of cases in which information found on the internet has been used against the client in deciding cases in immigration. For example, colleagues have reported numerous instances in which CIS employees questioned inconsistencies between employers' documents filed with a petition and information contained on the employers’ websites, such as discrepancies between jobs as described in filings and as described on the web. The purposes of the two descriptions are different, so discrepancies are to be expected, but such issues should be thought through. Also, other adverse information about employers found on the internet has been cited in Requests For Evidence and denials.

But CIS employees are not only using the internet for employment-based petitions. Recently, a colleague reported receiving a Notice of Intent to Deny in a family-based case. The CIS employee used information the client had posted on an immigration-related internet chat board to reach a finding of fraud. It is not clear how the employee connected the email address used on the chat board with this particular client, but the employee – without revealing why he was asking the question – asked the client in the interview to confirm whether he used that particular email address.

The Department of Homeland Security has access to a huge amount of data courtesy of a company called Choicepoint, a data mining service similar to those that establish credit ratings. You may have heard of Choicepoint as the company that purged the Florida election roles of purported ‘felons’ prior to the 2000 presidential election. Exactly what data Choicepoint provides to Homeland Security is secret, but it probably includes all addresses, court information and a great deal of government information, including some tax related data. Choicepoint has reportedly purchased government data from foreign countries as well, particularly in Latin America (European governments are generally protecting privacy more effectively). These are reported to include national ID, drivers license and electoral records. These purchases may or may not be legal, but they need to be considered when assessing your case.

Revelations about the government’s warrantless phone monitoring and data mining simply reinforce the message I am trying to convey here: in the area of homeland security – including simple immigration matters – the government is in some cases trying to use all electronic data possible to put two and two together. Please operate on the assumption that nothing electronic is private. Thus, I advise you to consider what is out there on the internet about you. Please think about whether you have ever discussed your case – or any other case – on a public message board. Please think about whether there might be data about you that could be misinterpreted. Be sure to inform me of any concerns you have. It has always been important that all information you provide to Immigration be truthful. Now it is even more crucial.

--- According to a recent quarterly statement filed at the Security and Exchange Commission, Choicepoint sells: "claims history data, motor vehicle records, police records, credit information and modeling services...employment background screenings and drug testing administration services, public record searches, vital record services, credential verification, due diligence information, Uniform Commercial Code searches and filings, DNA identification services, authentication services and people and shareholder locator information searches...print fulfillment, teleservices, database and campaign management services..." Sources: EPIC on Choicepoint & "AILA InfoNet Doc. No. 04052661 (posted May. 26, 2004)"