If the NSA Surveillance Happened in the European Union
Fascinating essay about how EU law would treat the NSA’s collection of everyone’s phone records.
Entries Tagged "national security policy"
Page 58 of 61
Winkler on NSA Spying
Ira Winkler on why the NSA spying hurts security.
U.S. Government Sensitive but Unclassified Information
New report from the GAO: “GAO-06-385 – The Federal Government Needs to Establish Policies and Processes for Sharing Terrorism-Related and Sensitive but Unclassified Information,” March 2006:
Federal agencies report using 56 different sensitive but unclassified designations (16 of which belong to one agency) to protect sensitive information—from law or drug enforcement information to controlled nuclear information—and agencies that account for a large percentage of the homeland security budget reported using most of these designations. There are no governmentwide policies or procedures that describe the basis on which agencies should use most of these sensitive but unclassified designations, explain what the different designations mean across agencies, or ensure that they will be used consistently from one agency to another. In this absence, each agency determines what designations to apply to the sensitive but unclassified information it develops or shares. For example, one agency uses the Protected Critical Infrastructure Information designation, which has statutorily prescribed criteria for applying, sharing and protecting the information, whereas 13 agencies designate information For Official Use Only, which does not have similarly prescribed criteria. Sometimes agencies used different labels and handling requirements for similar information and, conversely, similar labels and requirements for very different kinds of information. More than half of the agencies reported encountering challenges in sharing such information. For example, DHS said that sensitive but unclassified information disseminated to its state and local partners had, on occasion, been posted to public Internet sites or otherwise compromised, potentially revealing possible vulnerabilities to business competitors.
Here’s the list:
Table 2: Sensitive but Unclassified Designations in Use at Selected Federal Agencies
Designation Agencies using designation
1 Applied Technology *Department of Energy (DOE)
2 Attorney-Client Privilege Department of Commerce (Commerce), *DOE
3 Business Confidential *DOE
4 Budgetary Information Environmental Protection Agency (EPA)
5 Census Confidential Commerce
6 Confidential Information Protection and Statistical Efficiency Act Information (CIPSEA) Social Security Administration (SSA)
7 Computer Security Act Sensitive Information (CSASI) Department of Health and Human Services (HHS)
8 Confidential Department of Labor
9 Confidential Business Information (CBI) Commerce, EPA
10 Contractor Access Restricted Information (CARI) HHS
11 Copyrighted Information *DOE
12 Critical Energy Infrastructure Information (CEII) Federal Energy Regulatory Commission (FERC)
13 Critical Infrastructure Information Office of Personnel Management (OPM)
14 DEA Sensitive Department of Justice (DOJ)
15 DOD Unclassified Controlled Nuclear Information Department of Defense (DOD)
16 Draft EPA
17 Export Controlled Information *DOE
18 For Official Use Only (FOUO) Commerce, DOD, Department of Education, EPA, General Services Administration, HHS, DHS, Department of Housing and Urban Development (HUD), DOJ, Labor, OPM, SSA, and the Department of Transportation (DOT)
19 For Official Use Only‹Law Enforcement Sensitive DOD
20 Freedom of Information Act (FOIA) EPA
21 Government Confidential Commercial Information *DOE
22 High-Temperature Superconductivity Pilot Center Information *DOE
23 In Confidence *DOE
24 Intellectual Property *DOE
25 Law Enforcement Sensitive Commerce, EPA, DHS, DOJ, HHS, Labor, OPM
26 Law Enforcement Sensitive/Sensitive DOJ
27 Limited Distribution Information DOD
28 Limited Official Use (LOU) DHS, DOJ, Department of Treasury
29 Medical records EPA
30 Non-Public Information FERC
31 Not Available National Technical Information Service Commerce
32 Official Use Only (OUO) DOE, SSA, Treasury
33 Operations Security Protected Information (OSPI) HHS
34 Patent Sensitive Information *DOE
35 Predecisional Draft *DOE
36 Privacy Act Information *DOE, EPA
37 Privacy Act Protected Information (PAPI) HHS
38 Proprietary Information *DOE, DOJ
39 Protected Battery Information *DOE
40 Protected Critical Infrastructure Information (PCII) DHS
41 Safeguards Information Nuclear Regulatory Commission (NRC)
42 Select Agent Sensitive Information (SASI) HHS
43 Sensitive But Unclassified (SBU) Commerce, HHS, NASA, National Science Foundation (NSF), Department of State, U.S. Agency for International Development (USAID)
44 Sensitive Drinking Water Related Information (SDWRI) EPA
45 Sensitive Information DOD, U.S. Postal Service (USPS)
46 Sensitive Instruction SSA
47 Sensitive Internal Use *DOE
48 Sensitive Unclassified Non-Safeguards Information NRC
49 Sensitive Nuclear Technology *DOE
50 Sensitive Security Information (SSI) DHS, DOT, U.S. Department of Agriculture (USDA)
51 Sensitive Water Vulnerability Assessment Information EPA
52 Small Business Innovative Research Information *DOE
53 Technical Information DOD
54 Trade Sensitive Information Commerce
55 Unclassified Controlled Nuclear Information (UCNI) DOE
56 Unclassified National Security-Related *DOE
I’ve already written about SSI (Sensitive Security Information).
NSA Eavesdropping
This is the line that’s done best for me on the radio: “The NSA would like to remind everyone to call their mothers this Sunday. They need to calibrate their system.”
"The TSA's Constitution-Free Zone"
Interesting first-person account of someone on the U.S. Terrorist Watch List:
To sum up, if you run afoul of the nation’s “national security” apparatus, you’re completely on your own. There are no firm rules, no case law, no real appeals processes, no normal array of Constitutional rights, no lawyers to help, and generally none of the other things that we as American citizens expect to be able to fall back on when we’ve been (justly or unjustly) identified by the government as wrong-doers.
NSA Warrantless Wiretapping and Total Information Awareness
Technology Review has an interesting article discussing some of the technologies used by the NSA in its warrantless wiretapping program, some of them from the killed Total Information Awareness (TIA) program.
Washington’s lawmakers ostensibly killed the TIA project in Section 8131 of the Department of Defense Appropriations Act for fiscal 2004. But legislators wrote a classified annex to that document which preserved funding for TIA’s component technologies, if they were transferred to other government agencies, say sources who have seen the document, according to reports first published in The National Journal. Congress did stipulate that those technologies should only be used for military or foreign intelligence purposes against non-U.S. citizens. Still, while those component projects’ names were changed, their funding remained intact, sometimes under the same contracts.
Thus, two principal components of the overall TIA project have migrated to the Advanced Research and Development Activity (ARDA), which is housed somewhere among the 60-odd buildings of “Crypto City,” as NSA headquarters in Fort Meade, MD, is nicknamed. One of the TIA components that ARDA acquired, the Information Awareness Prototype System, was the core architecture that would have integrated all the information extraction, analysis, and dissemination tools developed under TIA. According to The National Journal, it was renamed “Basketball.” The other, Genoa II, used information technologies to help analysts and decision makers anticipate and pre-empt terrorist attacks. It was renamed “Topsail.”
The Case for Eliminating Secrecy
Larry Beinhart makes an interesting case for the elimination of most government secrecy.
He has a good argument, although I think the issue is a bit more complicated.
Solove on Stuntz on Privacy and Transparency
Excellent blog post. Well worth reading.
EDITED TO ADD (4/25): Stuntz responds to Solove’s post. And Solove responds to Stuntz’s response to Solove’s response to, um, to Stuntz’s original essay.
DHS Privacy and Integrity Report
Last year, the Department of Homeland Security finally got around to appointing its DHS Data Privacy and Integrity Advisory Committee. It was mostly made up of industry insiders instead of anyone with any real privacy experience. (Lance Hoffman from George Washington University was the most notable exception.)
And now, we have something from that committee. On March 7th they published their “Framework for Privacy Analysis of Programs, Technologies, and Applications.”
This document sets forth a recommended framework for analyzing programs, technologies, and applications in light of their effects on privacy and related interests. It is intended as guidance for the Data Privacy and Integrity Advisory Committee (the Committee) to the U.S. Department of Homeland Security (DHS). It may also be useful to the DHS Privacy Office, other DHS components, and other governmental entities that are seeking to reconcile personal data-intensive programs and activities with important social and human values.
It’s surprisingly good.
I like that it is a series of questions a program manager has to answer: about the legal basis for the program, its efficacy against the threat, and its effects on privacy. I am particularly pleased that their questions on pages 3-4 are very similar to the “five steps” I wrote about in Beyond Fear. I am thrilled that the document takes a “trade-off” approach; the last question asks: “Should the program proceed? Do the benefits of the program…justify the costs to privacy interests….?”
I think this is a good starting place for any technology or program with respect to security and privacy. And I hope the DHS actually follows the recommendations in this report.
No Funding for Homeland Security
Really interesting article by Robert X. Cringely on the lack of federal funding for security technologies.
After the 9-11 terrorist attacks, the United States threw its considerable fortune into the War on Terror, of which a large component was Homeland Security. We conducted a couple wars abroad, both of which still seem to be going on, and took a vast domestic security bureaucracy and turned it into a different and even more vast domestic security bureaucracy. We could argue all day about whether or not America is more secure as a result of these changes, but we’d all agree that a lot of money has been spent. In fact, from a pragmatic point of view, ALL the money has been spent, and that’s the point of this particular column. For a variety of reasons, there is no money left to spend on homeland security none, nada, zilch. We’re busted.
I think his assessment is spot on.
Sidebar photo of Bruce Schneier by Joe MacInnis.