Entries Tagged "laws"

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T-Mobile Hack

For at least seven months last year, a hacker had access to T-Mobile’s customer network. He’s known to have accessed information belonging to 400 customers—names, Social Security numbers, voicemail messages, SMS messages, photos—and probably had the ability to access data belonging to any of T-Mobile’s 16.3 million U.S. customers. But in its fervor to report on the security of cell phones, and T-Mobile in particular, the media missed the most important point of the story: The security of much of our data is not under our control.

This is new. A dozen years ago, if someone wanted to look through your mail, they would have to break into your house. Now they can just break into your ISP. Ten years ago, your voicemail was on an answering machine in your house; now it’s on a computer owned by a telephone company. Your financial data is on Websites protected only by passwords. The list of books you browse, and the books you buy, is stored in the computers of some online bookseller. Your affinity card allows your supermarket to know what food you like. Data that used to be under your direct control is now controlled by others.

We have no choice but to trust these companies with our privacy, even though the companies have little incentive to protect that privacy. T-Mobile suffered some bad press for its lousy security, nothing more. It’ll spend some money improving its security, but it’ll be security designed to protect its reputation from bad PR, not security designed to protect the privacy of its customers.

This loss of control over our data has other effects, too. Our protections against police abuse have been severely watered down. The courts have ruled that the police can search your data without a warrant, as long as that data is held by others. The police need a warrant to read the e-mail on your computer; but they don’t need one to read it off the backup tapes at your ISP. According to the Supreme Court, that’s not a search as defined by the 4th Amendment.

This isn’t a technology problem, it’s a legal problem. The courts need to recognize that in the information age, virtual privacy and physical privacy don’t have the same boundaries. We should be able to control our own data, regardless of where it is stored. We should be able to make decisions about the security and privacy of that data, and have legal recourse should companies fail to honor those decisions. And just as the Supreme Court eventually ruled that tapping a telephone was a Fourth Amendment search, requiring a warrant—even though it occurred at the phone company switching office—the Supreme Court must recognize that reading e-mail at an ISP is no different.

This essay appeared in eWeek.

Posted on February 14, 2005 at 4:26 PMView Comments

Fertilizer as a Weapon

In an attempt to protect us from terrorism, there are new restrictions on fertilizer sales in the Kansas (and elsewhere):

Under the rules, retailers would have to obtain the name, address and telephone and driver’s license number of purchasers of ammonium nitrate fertilizer and maintain records, including the date of the sale and the amount purchased, for at least two years.

The administrative guidelines would authorize retailers to refuse to sell ammonium nitrate when it was being purchased out of season, in unusual quantities or in other suspicious circumstances.

The proposal, similar to rules in place in South Carolina and Nevada, is designed to make ammonium nitrate more secure and keep it out of the hands of terrorists….

Posted on February 8, 2005 at 7:58 AMView Comments

Illegal Aliens and Driver's Licenses

Has anyone heard of the Center for Advanced Studies in Science and Technology Policy? They released a statement saying that not issuing driver’s licenses to illegal aliens is bad for security. Their analysis is good, and worth reading:

As part of the legislative compromise to pass the intelligence reform bill signed into law by the President today, the administration and Congressional leaders have promised to attach to the first ‘must pass’ legislation of the new year a controversial provision that was rightly dropped from the intelligence reform bill—this provision would effectively prevent the states from issuing driver’s licenses to illegal aliens by requiring ‘legal presence’ status for holders of licenses to be used as ‘national ID.’

Although this provision is being touted by its supporters as a security measure, its implementation in practice will be to undermine national security because it ignores three widely-recognized principles of counter-terrorism security: the shrinking perimeter of defense; the need to allocate resources to more likely targets; and the economics of fraud.

First, the very fact that 13 million illegal aliens are already within our borders means that a perimeter-based defense is porous. The proposed policy would eliminate another opportunity to screen this large pool of people and to separate ‘otherwise law abiding’ illegal aliens from terrorists or criminals by confirming identity when licenses are issued or when such licenses are presented or used for identity screening at checkpoints.

Recognizing the porous nature of perimeter defense does not mean that border security should not be improved or that additional steps to prevent illegal immigration should not be taken, however, not recognizing its porous nature is unrealistic, counter to current trends in security practice, and undermines national security. Rather than excluding 13 million people already within our borders, we should encourage non-terrorist illegal aliens to participate in internal security screening systems.

This leads to the second point. Contrary to the argument made by its supporters that denying illegal aliens licenses would prevent terrorists from ‘melting’ into society, this legislation would guarantee a larger haystack in which terrorists can hide thus making it more difficult for law enforcement to identify them. Counter-terrorism strategy is based on reducing the suspect population so that security resources can be focused on more likely suspects. Denying identity legitimacy to 13 million illegal aliens—the vast majority of whom are not terrorists or otherwise threats to national security—just increases the size of the suspect pool for law enforcement to have to sort through. Since law enforcement resources are already unable to effectively cope with the large illegal alien population why further complicate their task?

Third, the proposed legislation would increase the incentives for fraud by greatly inflating the value of a driver’s license and by creating significant new demand for fraudulent licenses by making the driver’s license actual proof of citizenship or legal status. Arguments in support of the legislation are based in part on denying illegal aliens the de facto legitimacy that a driver’s license currently confers, yet the legislation would actually make such legitimacy a matter of law, thus increasing the demand for fraudulent licenses not only among those illegal aliens wishing to drive but among all 13 million who may now see it as a way to get jobs or otherwise prove their legitimate status.

If 13 million people living within our borders can’t drive, fly, travel on a train or bus, or otherwise participate in society without a driver’s license and they cannot get a legitimate one, then the market will supply them an illegal fraudulent one. State DMV bureaucracies, no matter how well- intentioned, do not have the resources, training, or skill to prevent fraud driven by this additional demand and no federal mandate will be able to prevent organized criminal elements from responding.

On the other hand, if illegal aliens are allowed to get legitimate licenses upon thorough vetting of their identity, then the only ones who will be trying to get fraudulent documents will be terrorists or criminals—who will face increased costs and more opportunities for mistakes if there is less overall demand—and law enforcement resources can be focused on these activities.

Fourteen states currently allow driver’s licenses to be obtained without showing ‘legal presence.’ These laws were enacted for public safety reasons—to ensure that drivers meet some standard to drive and to lower insurance premiums by decreasing the pool of unlicensed and uninsured drivers. In most cases, these laws were passed with the strong support of state law enforcement officials who recognized the advantages of being able to identify drivers and discourage unlicensed drivers from fleeing from minor traffic infractions or accidents because they were fearful of being caught without a license. The analogous arguments hold for national security—the more we can encourage otherwise law abiding people within our borders to participate in the system the easier it will be to identify those that pose a true threat.

There may be legitimate reasons for cracking down on illegal immigration, there may even be reasons to deny illegal aliens driver’s licenses, but counter-terrorism security is not one. This provision was appropriately dropped from the intelligence reform bill and it should not be resurrected in the 109th Congress.

Posted on January 4, 2005 at 8:00 AM

The Electronic Privacy Information Center (EPIC)

For many Americans, the end of the year is charitable contribution time. (The reasons are tax-related.) While there is no shortage of worthy causes around the world, I would like to suggest contributing at least something to EPIC.

Since its founding ten years ago, EPIC has worked to protect privacy, freedom of expression, and democratic values, and to promote the Public Voice in decisions concerning the future of the Internet. They maintain one of the most extensive websites on privacy and free speech issues on the Internet. They litigate Freedom of Information Act, First Amendment, and privacy cases. They publish books on open government and privacy. They train law school students about the Internet and the public interest. They testify frequently before Congress about emerging civil liberties issues. They provide an extensive listing of privacy resources as well as a guide to practical privacy tools.

Remember when it became public that JetBlue (and other airlines) provided passenger information to the U.S. government in violation of their own privacy policies? Or when it was revealed that the CAPPS-II airline passenger profiling system would be used for other, non-terrorism, purposes? EPIC’s FOIA work uncovered those stories.

December 15th is the 213th anniversary of the signing of the Bill of Rights. Read through it again today, and notice how the different laws protect the security of Americans. I’m proud to be a member of EPIC’s Advisory Board. They do good work, and we’re all a lot more secure because of it.

EPIC’s website

U.S. Bill of Rights

Posted on December 15, 2004 at 9:10 AMView Comments

The Electronic Privacy Information Center (EPIC)

For many Americans, the end of the year is charitable contribution time. (The reasons are tax-related.) While there is no shortage of worthy causes around the world, I would like to suggest contributing at least something to EPIC.

Since its founding ten years ago, EPIC has worked to protect privacy, freedom of expression, and democratic values, and to promote the Public Voice in decisions concerning the future of the Internet. They maintain one of the most extensive websites on privacy and free speech issues on the Internet. They litigate Freedom of Information Act, First Amendment, and privacy cases. They publish books on open government and privacy. They train law school students about the Internet and the public interest. They testify frequently before Congress about emerging civil liberties issues. They provide an extensive listing of privacy resources as well as a guide to practical privacy tools.

Remember when it became public that JetBlue (and other airlines) provided passenger information to the U.S. government in violation of their own privacy policies? Or when it was revealed that the CAPPS-II airline passenger profiling system would be used for other, non-terrorism, purposes? EPIC’s FOIA work uncovered those stories.

December 15th is the 213th anniversary of the signing of the Bill of Rights. Read through it again today, and notice how the different laws protect the security of Americans. I’m proud to be a member of EPIC’s Advisory Board. They do good work, and we’re all a lot more secure because of it.

EPIC’s website

U.S. Bill of Rights

Posted on December 15, 2004 at 9:10 AMView Comments

The Digital Person

Last week, I stayed at the St. Regis hotel in Washington, DC. It was my first visit, and the management gave me a questionnaire, asking me things like my birthday, my spouse’s name and birthday, my anniversary, and my favorite fruits, drinks, and sweets. The purpose was clear; the hotel wanted to be able to offer me a more personalized service the next time I visited. And it was a purpose I agreed with; I wanted more personalized service. But I was very uneasy about filling out the form.

It wasn’t that the information was particularly private. I make no secret of my birthday, or anniversary, or food preferences. Much of that information is even floating around the Web somewhere. Secrecy wasn’t the issue.

The issue was control. In the United States, information about a person is owned by the person who collects it, not by the person it is about. There are specific exceptions in the law, but they’re few and far between. There are no broad data protection laws, as you find in the European Union. There are no Privacy Commissioners, as you find in Canada. Privacy law in the United States is largely about secrecy: if the information is not secret, there’s little you can do to control its dissemination.

As a result, enormous databases exist that are filled with personal information. These databases are owned by marketing firms, credit bureaus, and the government. Amazon knows what books we buy. Our supermarket knows what foods we eat. Credit card companies know quite a lot about our purchasing habits. Credit bureaus know about our financial history, and what they don’t know is contained in bank records. Health insurance records contain details about our health and well-being. Government records contain our Social Security numbers, birthdates, addresses, mother’s maiden names, and a host of other things. Many driver’s license records contain digital pictures.

All of this data is being combined, indexed, and correlated. And it’s being used for all sorts of things. Targeted marketing campaigns are just the tip of the iceberg. This information is used by potential employers to judge our suitability as employees, by potential landlords to determine our suitability as renters, and by the government to determine our likelihood of being a terrorist.

Some stores are beginning to use our data to determine whether we are desirable customers or not. If customers take advantage of too many discount offers or make too many returns, they may be profiled as “bad” customers and be treated differently from the “good” customers.

And with alarming frequency, our data is being abused by identity thieves. The businesses that gather our data don’t care much about keeping it secure. So identity theft is a problem where those who suffer from it—the individuals—are not in a position to improve security, and those who are in a position to improve security don’t suffer from the problem.

The issue here is not about secrecy, it’s about control. The issue is that both government and commercial organizations are building “digital dossiers” about us, and that these dossiers are being used to judge and categorize us through some secret process.

A new book by George Washington University Law Professor Daniel Solove examines the problem of the growing accumulation of personal information in enormous databases. The book is called The Digital Person: Technology and Privacy in the Information Age, and it is a fascinating read.

Solove’s book explores this problem from a legal perspective, explaining what the problem is, how current U.S. law fails to deal with it, and what we should do to protect privacy today. It’s an unusually perceptive discussion of one of the most
vexing problems of the digital age—our loss of control over our personal information. It’s a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age.

Solove argues that our common conceptualization of the privacy problem as Big Brother—some faceless organization knowing our most intimate secrets—is only one facet of the issue. A better metaphor can be found in Franz Kafka’s The Trial. In the book, a vast faceless bureaucracy constructs a huge dossier about a person, who can’t find out what information exists about him in the dossier, why the information has been gathered, or what it will be used for. Privacy is not about intimate secrets; it’s about who has control of the millions of pieces of personal data that we leave like droppings as we go through our daily life. And until the U.S. legal system recognizes this fact, Americans will continue to live in an world where they have little control over their digital person.

In the end, I didn’t complete the questionnaire from the St. Regis Hotel. While I was fine with the St. Regis in Washington, DC, having that information to make my subsequent stays a little more personal, and was probably fine with that information being shared among other St. Regis hotels, I wasn’t comfortable with the St. Regis doing whatever they wanted with that information. I wasn’t comfortable with them selling the information to a marketing database. I wasn’t comfortable with anyone being able to buy that information. I wasn’t comfortable with that information ending up in a database of my habits, my preferences, my proclivities. It wasn’t the primary use of that information that bothered me, it was the secondary uses.

Solove has done much more thinking about this issue than I have. His book provides a clear account of the social problems involving information privacy, and haunting predictions of current U.S. legal policies. Even more importantly, the legal solutions he provides are compelling and worth serious consideration. I recommend his book highly.

The book’s website

Order the book on Amazon

Posted on December 9, 2004 at 9:18 AMView Comments

The Security of Checks and Balances

Much of the political rhetoric surrounding the US presidential election centers around the relative security posturings of President George W. Bush and Senator John Kerry, with each side loudly proclaiming that his opponent will do irrevocable harm to national security.

Terrorism is a serious issue facing our nation in the early 21st century, and the contrasting views of these candidates is important. But this debate obscures another security risk, one much more central to the US: the increasing centralisation of American political power in the hands of the executive branch of the government.

Over 200 years ago, the framers of the US Constitution established an ingenious security device against tyrannical government: they divided government power among three different bodies. A carefully thought-out system of checks and balances in the executive branch, the legislative branch, and the judicial branch, ensured that no single branch became too powerful. After watching tyrannies rise and fall throughout Europe, this seemed like a prudent way to form a government.

Since 9/11, the United States has seen an enormous power grab by the executive branch. From denying suspects the right to a trial—and sometimes to an attorney—to the law-free zone established at Guantanamo, from deciding which ratified treaties to ignore to flouting laws designed to foster open government, the Bush administration has consistently moved to increase its power at the expense of the rest of the government. The so-called “Torture Memos,” prepared at the request of the president, assert that the president can claim unlimited power as long as it is somehow connected with counterterrorism.

Presidential power as a security issue will not play a role in the upcoming US election. Bush has shown through his actions during his first term that he favours increasing the powers of the executive branch over the legislative and the judicial branches. Kerry’s words show that he is in agreement with the president on this issue. And largely, the legislative and judicial branches are allowing themselves to be trampled over.

In times of crisis, the natural human reaction is to look for safety in a single strong leader. This is why Bush’s rhetoric of strength has been so well-received by the American people, and why Kerry is also campaigning on a platform of strength. Unfortunately, consolidating power in one person is dangerous. History shows again and again that power is a corrupting influence, and that more power is more corrupting. The loss of the American system of checks and balances is more of a security danger than any terrorist risk.

The ancient Roman Senate had a similar way of dealing with major crises. When there was a serious military threat against the safety and security of the Republic, the long debates and compromise legislation that accompanied the democratic process seemed a needless luxury. The Senate would appoint a single person, called a “dictator” (Latin for “one who orders”) to have absolute power over Rome in order to more efficiently deal with the crisis. He was appointed for a period of six months or for the duration of the emergency, whichever period was shorter. Sometimes the process worked, but often the injustices that resulted from having a dictator were worse than the original crisis.

Today, the principles of democracy enshrined in the US constitution are more important than ever. In order to prevail over global terrorism while preserving the values that have made America great, the constitutional system of checks and balances is critical.

This is not a partisan issue; I don’t believe that John Kerry, if elected, would willingly lessen his own power any more than second-term President Bush would. What the US needs is a strong Congress and a strong court system to balance the presidency, not weak ones ceding ever more power to the presidency.

Originally published in the Sydney Morning Herald.

Posted on October 29, 2004 at 10:21 AMView Comments

Aerial Surveillance to Detect Building Code Violations

The Baltimore housing department has a new tool to find homeowners who have been building rooftop decks without a permit: aerial mapping. Baltimore bought aerial photographs of the entire city and used software to correlate the images with databases of address information and permit records. Inspectors have just begun knocking on doors of residents who built decks without permission.

On the face of it, this is nothing new. Police always have been able to inspect buildings for permit violations. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to automatically document every building code violation in any city. What’s different isn’t the police tactic but the efficiency of the process.

Technology is fundamentally changing the nature of surveillance. Years ago, surveillance involved trench-coated detectives following people down streets. It was laborious and expensive, and was only used when there was reasonable suspicion of a crime. Modern surveillance is the police officer sitting at a computer with a satellite image of an entire neighborhood. It’s the same, but it’s completely different. It’s wholesale surveillance.

And it disrupts the balance between the powers of the police and the rights of the people.

Wholesale surveillance is fast becoming the norm. Security cameras are everywhere, even in places satellites can’t see. Automatic toll road devices track cars at tunnels and bridges. We can all be tracked by our cell phones. Our purchases are tracked by banks and credit card companies, our telephone calls by phone companies, our Internet surfing habits by Web site operators.

Like the satellite images, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backward in time.

The effects of wholesale surveillance on privacy and civil liberties is profound, but unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. This is wrong. It’s obvious that we are all safer when the police can use all possible crimefighting techniques. The Fourth Amendment already allows police to perform even the most intrusive searches of your home and person.

What we need are mechanisms to prevent abuse and hold the police accountable and assurances that the new techniques don’t place an unreasonable burden on the innocent. In many cases, the Fourth Amendment already provides for this in its requirement of a warrant.

The warrant process requires that a “neutral and detached magistrate” review the basis for the search and take responsibility for the outcome. The key is independent judicial oversight; the warrant process is itself a security measure that protects us from abuse and makes us more secure.

This works for some searches, but not for most wholesale surveillance. The courts already have ruled that the police cannot use thermal imaging to see through the walls of your home without a warrant, but that it’s OK for them to fly overhead and peer over your fences without a warrant. They need a warrant before opening your paper mail or listening in on your phone calls.

Wholesale surveillance calls for something else: lessening of criminal penalties. The reason criminal punishments are severe is to create a deterrent because it is hard to catch wrongdoers. As they become easier to catch, a realignment is necessary. When the police can automate the detection of a wrongdoing, perhaps there should no longer be any criminal penalty attached. For example, red-light cameras and speed-trap cameras issue citations without any “points” assessed against drivers.

Another obvious protection is notice. Baltimore should send mail to every homeowner announcing the use of aerial photography to document building code violations, urging individuals to come into compliance.

Wholesale surveillance is not simply a more efficient way for the police to do what they’ve always done. It’s a new police power, one made possible with today’s technology and one that will be made easier with tomorrow’s. And with any new police power, we as a society need to take an active role in establishing rules governing its use. To do otherwise is to cede ever more authority to the police.

This article was originally published in the 4 October 2004 edition of the Baltimore Sun.

Posted on October 4, 2004 at 7:18 PMView Comments

Aerial Surveillance to Detect Building Code Violations

The Baltimore housing department has a new tool to find homeowners who have been building rooftop decks without a permit: aerial mapping. Baltimore bought aerial photographs of the entire city and used software to correlate the images with databases of address information and permit records. Inspectors have just begun knocking on doors of residents who built decks without permission.

On the face of it, this is nothing new. Police always have been able to inspect buildings for permit violations. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to automatically document every building code violation in any city. What’s different isn’t the police tactic but the efficiency of the process.

Technology is fundamentally changing the nature of surveillance. Years ago, surveillance involved trench-coated detectives following people down streets. It was laborious and expensive, and was only used when there was reasonable suspicion of a crime. Modern surveillance is the police officer sitting at a computer with a satellite image of an entire neighborhood. It’s the same, but it’s completely different. It’s wholesale surveillance.

And it disrupts the balance between the powers of the police and the rights of the people.

Wholesale surveillance is fast becoming the norm. Security cameras are everywhere, even in places satellites can’t see. Automatic toll road devices track cars at tunnels and bridges. We can all be tracked by our cell phones. Our purchases are tracked by banks and credit card companies, our telephone calls by phone companies, our Internet surfing habits by Web site operators.

Like the satellite images, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backward in time.

The effects of wholesale surveillance on privacy and civil liberties is profound, but unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. This is wrong. It’s obvious that we are all safer when the police can use all possible crimefighting techniques. The Fourth Amendment already allows police to perform even the most intrusive searches of your home and person.

What we need are mechanisms to prevent abuse and hold the police accountable and assurances that the new techniques don’t place an unreasonable burden on the innocent. In many cases, the Fourth Amendment already provides for this in its requirement of a warrant.

The warrant process requires that a “neutral and detached magistrate” review the basis for the search and take responsibility for the outcome. The key is independent judicial oversight; the warrant process is itself a security measure that protects us from abuse and makes us more secure.

This works for some searches, but not for most wholesale surveillance. The courts already have ruled that the police cannot use thermal imaging to see through the walls of your home without a warrant, but that it’s OK for them to fly overhead and peer over your fences without a warrant. They need a warrant before opening your paper mail or listening in on your phone calls.

Wholesale surveillance calls for something else: lessening of criminal penalties. The reason criminal punishments are severe is to create a deterrent because it is hard to catch wrongdoers. As they become easier to catch, a realignment is necessary. When the police can automate the detection of a wrongdoing, perhaps there should no longer be any criminal penalty attached. For example, red-light cameras and speed-trap cameras issue citations without any “points” assessed against drivers.

Another obvious protection is notice. Baltimore should send mail to every homeowner announcing the use of aerial photography to document building code violations, urging individuals to come into compliance.

Wholesale surveillance is not simply a more efficient way for the police to do what they’ve always done. It’s a new police power, one made possible with today’s technology and one that will be made easier with tomorrow’s. And with any new police power, we as a society need to take an active role in establishing rules governing its use. To do otherwise is to cede ever more authority to the police.

This article was originally published in the 4 October 2004 edition of the Baltimore Sun.

Posted on October 4, 2004 at 7:18 PMView Comments

Do Terror Alerts Work?

As I read the litany of terror threat warnings that the government has issued in the past three years, the thing that jumps out at me is how vague they are. The careful wording implies everything without actually saying anything. We hear “terrorists might try to bomb buses and rail lines in major U.S. cities this summer,” and there’s “increasing concern about the possibility of a major terrorist attack.” “At least one of these attacks could be executed by the end of the summer 2003.” Warnings are based on “uncorroborated intelligence,” and issued even though “there is no credible, specific information about targets or method of attack.” And, of course, “weapons of mass destruction, including those containing chemical, biological, or radiological agents or materials, cannot be discounted.”

Terrorists might carry out their attacks using cropdusters, helicopters, scuba divers, even prescription drugs from Canada. They might be carrying almanacs. They might strike during the Christmas season, disrupt the “democratic process,” or target financial buildings in New York and Washington.

It’s been more than two years since the government instituted a color-coded terror alert system, and the Department of Homeland Security has issued about a dozen terror alerts in that time. How effective have they been in preventing terrorism? Have they made us any safer, or are they causing harm? Are they, as critics claim, just a political ploy?

When Attorney General John Ashcroft came to Minnesota recently, he said the fact that there had been no terrorist attacks in America in the three years since September 11th was proof that the Bush administration’s anti-terrorist policies were working. I thought: There were no terrorist attacks in America in the three years before September 11th, and we didn’t have any terror alerts. What does that prove?

In theory, the warnings are supposed to cultivate an atmosphere of preparedness. If Americans are vigilant against the terrorist threat, then maybe the terrorists will be caught and their plots foiled. And repeated warnings brace Americans for the aftermath of another attack.

The problem is that the warnings don’t do any of this. Because they are so vague and so frequent, and because they don’t recommend any useful actions that people can take, terror threat warnings don’t prevent terrorist attacks. They might force a terrorist to delay his plan temporarily, or change his target. But in general, professional security experts like me are not particularly impressed by systems that merely force the bad guys to make minor modifications in their tactics.

And the alerts don’t result in a more vigilant America. It’s one thing to issue a hurricane warning, and advise people to board up their windows and remain in the basement. Hurricanes are short-term events, and it’s obvious when the danger is imminent and when it’s over. People can do useful things in response to a hurricane warning; then there is a discrete period when their lives are markedly different, and they feel there was utility in the higher alert mode, even if nothing came of it.

It’s quite another thing to tell people to be on alert, but not to alter their plans—as Americans were instructed last Christmas. A terrorist alert that instills a vague feeling of dread or panic, without giving people anything to do in response, is ineffective. Indeed, it inspires terror itself. Compare people’s reactions to hurricane threats with their reactions to earthquake threats. According to scientists, California is expecting a huge earthquake sometime in the next two hundred years. Even though the magnitude of the disaster will be enormous, people just can’t stay alert for two centuries. The news seems to have generated the same levels of short-term fear and long-term apathy in Californians that the terrorist warnings do. It’s human nature; people simply can’t be vigilant indefinitely.

It’s true too that people want to make their own decisions. Regardless of what the government suggests, people are going to independently assess the situation. They’re going to decide for themselves whether or not changing their behavior seems like a good idea. If there’s no rational information to base their independent assessment on, they’re going to come to conclusions based on fear, prejudice, or ignorance.

We’re already seeing this in the U.S. We see it when Muslim men are assaulted on the street. We see it when a woman on an airplane panics because a Syrian pop group is flying with her. We see it again and again, as people react to rumors about terrorist threats from Al Qaeda and its allies endlessly repeated by the news media.

This all implies that if the government is going to issue a threat warning at all, it should provide as many details as possible. But this is a catch-22: Unfortunately, there’s an absolute limit to how much information the government can reveal. The classified nature of the intelligence that goes into these threat alerts precludes the government from giving the public all the information it would need to be meaningfully prepared. And maddeningly, the current administration occasionally compromises the intelligence assets it does have, in the interest of politics. It recently released the name of a Pakistani agent working undercover in Al Qaeda, blowing ongoing counterterrorist operations both in Pakistan and the U.K.

Still, ironically, most of the time the administration projects a “just trust me” attitude. And there are those in the U.S. who trust it, and there are those who do not. Unfortunately, there are good reasons not to trust it. There are two reasons government likes terror alerts. Both are self-serving, and neither has anything to do with security.

The first is such a common impulse of bureaucratic self-protection that it has achieved a popular acronym in government circles: CYA. If the worst happens and another attack occurs, the American public isn’t going to be as sympathetic to the current administration as it was last time. After the September 11th attacks, the public reaction was primarily shock and disbelief. In response, the government vowed to fight the terrorists. They passed the draconian USA PATRIOT Act, invaded two countries, and spent hundreds of billions of dollars. Next time, the public reaction will quickly turn into anger, and those in charge will need to explain why they failed. The public is going to demand to know what the government knew and why it didn’t warn people, and they’re not going to look kindly on someone who says: “We didn’t think the threat was serious enough to warn people.” Issuing threat warnings is a way to cover themselves. “What did you expect?” they’ll say. “We told you it was Code Orange.”

The second purpose is even more self-serving: Terror threat warnings are a publicity tool. They’re a method of keeping terrorism in people’s minds. Terrorist attacks on American soil are rare, and unless the topic stays in the news, people will move on to other concerns. There is, of course, a hierarchy to these things. Threats against U.S. soil are most important, threats against Americans abroad are next, and terrorist threats—even actual terrorist attacks—against foreigners in foreign countries are largely ignored.

Since the September 11th attacks, Republicans have made “tough on terror” the centerpiece of their reelection strategies. Study after study has shown that Americans who are worried about terrorism are more likely to vote Republican. In 2002, Karl Rove specifically told Republican legislators to run on that platform, and strength in the face of the terrorist threat is the basis of Bush’s reelection campaign. For that strategy to work, people need to be reminded constantly about the terrorist threat and how the current government is keeping them safe.

It has to be the right terrorist threat, though. Last month someone exploded a pipe bomb in a stem-cell research center near Boston, but the administration didn’t denounce this as a terrorist attack. In April 2003, the FBI disrupted a major terrorist plot in the U.S., arresting William Krar and seizing automatic weapons, pipe bombs, bombs disguised as briefcases, and at least one cyanide bomb—an actual chemical weapon. But because Krar was a member of a white supremacist group and not Muslim, Ashcroft didn’t hold a press conference, Tom Ridge didn’t announce how secure the homeland was, and Bush never mentioned it.

Threat warnings can be a potent tool in the fight against terrorism—when there is a specific threat at a specific moment. There are times when people need to act, and act quickly, in order to increase security. But this is a tool that can easily be abused, and when it’s abused it loses its effectiveness.

It’s instructive to look at the European countries that have been dealing with terrorism for decades, like the United Kingdom, Ireland, France, Italy, and Spain. None of these has a color-coded terror-alert system. None calls a press conference on the strength of “chatter.” Even Israel, which has seen more terrorism than any other nation in the world, issues terror alerts only when there is a specific imminent attack and they need people to be vigilant. And these alerts include specific times and places, with details people can use immediately. They’re not dissimilar from hurricane warnings.

A terror alert that instills a vague feeling of dread or panic echoes the very tactics of the terrorists. There are essentially two ways to terrorize people. The first is to do something spectacularly horrible, like flying airplanes into skyscrapers and killing thousands of people. The second is to keep people living in fear with the threat of doing something horrible. Decades ago, that was one of the IRA’s major aims. Inadvertently, the DHS is achieving the same thing.

There’s another downside to incessant threat warnings, one that happens when everyone realizes that they have been abused for political purposes. Call it the “Boy Who Cried Wolf” problem. After too many false alarms, the public will become inured to them. Already this has happened. Many Americans ignore terrorist threat warnings; many even ridicule them. The Bush administration lost considerable respect when it was revealed that August’s New York/Washington warning was based on three-year-old information. And the more recent warning that terrorists might target cheap prescription drugs from Canada was assumed universally to be politics-as-usual.

Repeated warnings do more harm than good, by needlessly creating fear and confusion among those who still trust the government, and anesthetizing everyone else to any future alerts that might be important. And every false alarm makes the next terror alert less effective.

Fighting global terrorism is difficult, and it’s not something that should be played for political gain. Countries that have been dealing with terrorism for decades have realized that much of the real work happens outside of public view, and that often the most important victories are the most secret. The elected officials of these countries take the time to explain this to their citizens, who in return have a realistic view of what the government can and can’t do to keep them safe.

By making terrorism the centerpiece of his reelection campaign, President Bush and the Republicans play a very dangerous game. They’re making many people needlessly fearful. They’re attracting the ridicule of others, both domestically and abroad. And they’re distracting themselves from the serious business of actually keeping Americans safe.

This article was originally published in the October 2004 edition of The Rake

Posted on October 4, 2004 at 7:08 PMView Comments

Sidebar photo of Bruce Schneier by Joe MacInnis.