Entries Tagged "privacy"

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The Problem with Electronic Voting Machines

In the aftermath of the U.S.’s 2004 election, electronic voting machines are again in the news. Computerized machines lost votes, subtracted votes instead of adding them, and doubled votes. Because many of these machines have no paper audit trails, a large number of votes will never be counted. And while it is unlikely that deliberate voting-machine fraud changed the result of the presidential election, the Internet is buzzing with rumors and allegations of fraud in a number of different jurisdictions and races. It is still too early to tell if any of these problems affected any individual elections. Over the next several weeks we’ll see whether any of the information crystallizes into something significant.

The U.S has been here before. After 2000, voting machine problems made international headlines. The government appropriated money to fix the problems nationwide. Unfortunately, electronic voting machines — although presented as the solution — have largely made the problem worse. This doesn’t mean that these machines should be abandoned, but they need to be designed to increase both their accuracy, and peoples’ trust in their accuracy. This is difficult, but not impossible.

Before I can discuss electronic voting machines, I need to explain why voting is so difficult. Basically, a voting system has four required characteristics:

  1. Accuracy. The goal of any voting system is to establish the intent of each individual voter, and translate those intents into a final tally. To the extent that a voting system fails to do this, it is undesirable. This characteristic also includes security: It should be impossible to change someone else’s vote, ballot stuff, destroy votes, or otherwise affect the accuracy of the final tally.

  2. Anonymity. Secret ballots are fundamental to democracy, and voting systems must be designed to facilitate voter anonymity.

  3. Scalability. Voting systems need to be able to handle very large elections. One hundred million people vote for president in the United States. About 372 million people voted in India’s June elections, and over 115 million in Brazil’s October elections. The complexity of an election is another issue. Unlike many countries where the national election is a single vote for a person or a party, a United States voter is faced with dozens of individual election: national, local, and everything in between.

  4. Speed. Voting systems should produce results quickly. This is particularly important in the United States, where people expect to learn the results of the day’s election before bedtime. It’s less important in other countries, where people don’t mind waiting days — or even weeks — before the winner is announced.

Through the centuries, different technologies have done their best. Stones and pot shards dropped in Greek vases gave way to paper ballots dropped in sealed boxes. Mechanical voting booths, punch cards, and then optical scan machines replaced hand-counted ballots. New computerized voting machines promise even more efficiency, and Internet voting even more convenience.

But in the rush to improve speed and scalability, accuracy has been sacrificed. And to reiterate: accuracy is not how well the ballots are counted by, for example, a punch-card reader. It’s not how the tabulating machine deals with hanging chads, pregnant chads, or anything like that. Accuracy is how well the process translates voter intent into properly counted votes.

Technologies get in the way of accuracy by adding steps. Each additional step means more potential errors, simply because no technology is perfect. Consider an optical-scan voting system. The voter fills in ovals on a piece of paper, which is fed into an optical-scan reader. The reader senses the filled-in ovals and tabulates the votes. This system has several steps: voter to ballot to ovals to optical reader to vote tabulator to centralized total.

At each step, errors can occur. If the ballot is confusing, then some voters will fill in the wrong ovals. If a voter doesn’t fill them in properly, or if the reader is malfunctioning, then the sensor won’t sense the ovals properly. Mistakes in tabulation — either in the machine or when machine totals get aggregated into larger totals — also cause errors. A manual system — tallying the ballots by hand, and then doing it again to double-check — is more accurate simply because there are fewer steps.

The error rates in modern systems can be significant. Some voting technologies have a 5% error rate: one in twenty people who vote using the system don’t have their votes counted properly. This system works anyway because most of the time errors don’t matter. If you assume that the errors are uniformly distributed — in other words, that they affect each candidate with equal probability — then they won’t affect the final outcome except in very close races. So we’re willing to sacrifice accuracy to get a voting system that will more quickly handle large and complicated elections. In close races, errors can affect the outcome, and that’s the point of a recount. A recount is an alternate system of tabulating votes: one that is slower (because it’s manual), simpler (because it just focuses on one race), and therefore more accurate.

Note that this is only true if everyone votes using the same machines. If parts of town that tend to support candidate A use a voting system with a higher error rate than the voting system used in parts of town that tend to support candidate B, then the results will be skewed against candidate A. This is an important consideration in voting accuracy, although tangential to the topic of this essay.

With this background, the issue of computerized voting machines becomes clear. Actually, “computerized voting machines” is a bad choice of words. Many of today’s voting technologies involve computers. Computers tabulate both punch-card and optical-scan machines. The current debate centers around all-computer voting systems, primarily touch-screen systems, called Direct Record Electronic (DRE) machines. (The voting system used in India’s most recent election — a computer with a series of buttons — is subject to the same issues.) In these systems the voter is presented with a list of choices on a screen, perhaps multiple screens if there are multiple elections, and he indicates his choice by touching the screen. These machines are easy to use, produce final tallies immediately after the polls close, and can handle very complicated elections. They also can display instructions in different languages and allow for the blind or otherwise handicapped to vote without assistance.

They’re also more error-prone. The very same software that makes touch-screen voting systems so friendly also makes them inaccurate. And even worse, they’re inaccurate in precisely the worst possible way.

Bugs in software are commonplace, as any computer user knows. Computer programs regularly malfunction, sometimes in surprising and subtle ways. This is true for all software, including the software in computerized voting machines. For example:

In Fairfax County, VA, in 2003, a programming error in the electronic voting machines caused them to mysteriously subtract 100 votes from one particular candidates’ totals.

In San Bernardino County, CA in 2001, a programming error caused the computer to look for votes in the wrong portion of the ballot in 33 local elections, which meant that no votes registered on those ballots for that election. A recount was done by hand.

In Volusia County, FL in 2000, an electronic voting machine gave Al Gore a final vote count of negative 16,022 votes.

The 2003 election in Boone County, IA, had the electronic vote-counting equipment showing that more than 140,000 votes had been cast in the Nov. 4 municipal elections. The county has only 50,000 residents and less than half of them were eligible to vote in this election.

There are literally hundreds of similar stories.

What’s important about these problems is not that they resulted in a less accurate tally, but that the errors were not uniformly distributed; they affected one candidate more than the other. This means that you can’t assume that errors will cancel each other out and not affect the election; you have to assume that any error will skew the results significantly.

Another issue is that software can be hacked. That is, someone can deliberately introduce an error that modifies the result in favor of his preferred candidate. This has nothing to do with whether the voting machines are hooked up to the Internet on election day. The threat is that the computer code could be modified while it is being developed and tested, either by one of the programmers or a hacker who gains access to the voting machine company’s network. It’s much easier to surreptitiously modify a software system than a hardware system, and it’s much easier to make these modifications undetectable.

A third issue is that these problems can have further-reaching effects in software. A problem with a manual machine just affects that machine. A software problem, whether accidental or intentional, can affect many thousands of machines — and skew the results of an entire election.

Some have argued in favor of touch-screen voting systems, citing the millions of dollars that are handled every day by ATMs and other computerized financial systems. That argument ignores another vital characteristic of voting systems: anonymity. Computerized financial systems get most of their security from audit. If a problem is suspected, auditors can go back through the records of the system and figure out what happened. And if the problem turns out to be real, the transaction can be unwound and fixed. Because elections are anonymous, that kind of security just isn’t possible.

None of this means that we should abandon touch-screen voting; the benefits of DRE machines are too great to throw away. But it does mean that we need to recognize its limitations, and design systems that can be accurate despite them.

Computer security experts are unanimous on what to do. (Some voting experts disagree, but I think we’re all much better off listening to the computer security experts. The problems here are with the computer, not with the fact that the computer is being used in a voting application.) And they have two recommendations:

  1. DRE machines must have a voter-verifiable paper audit trails (sometimes called a voter-verified paper ballot). This is a paper ballot printed out by the voting machine, which the voter is allowed to look at and verify. He doesn’t take it home with him. Either he looks at it on the machine behind a glass screen, or he takes the paper and puts it into a ballot box. The point of this is twofold. One, it allows the voter to confirm that his vote was recorded in the manner he intended. And two, it provides the mechanism for a recount if there are problems with the machine.

  2. Software used on DRE machines must be open to public scrutiny. This also has two functions. One, it allows any interested party to examine the software and find bugs, which can then be corrected. This public analysis improves security. And two, it increases public confidence in the voting process. If the software is public, no one can insinuate that the voting system has unfairness built into the code. (Companies that make these machines regularly argue that they need to keep their software secret for security reasons. Don’t believe them. In this instance, secrecy has nothing to do with security.)

Computerized systems with these characteristics won’t be perfect — no piece of software is — but they’ll be much better than what we have now. We need to start treating voting software like we treat any other high-reliability system. The auditing that is conducted on slot machine software in the U.S. is significantly more meticulous than what is done to voting software. The development process for mission-critical airplane software makes voting software look like a slapdash affair. If we care about the integrity of our elections, this has to change.

Proponents of DREs often point to successful elections as “proof” that the systems work. That completely misses the point. The fear is that errors in the software — either accidental or deliberately introduced — can undetectably alter the final tallies. An election without any detected problems is no more a proof the system is reliable and secure than a night that no one broke into your house is proof that your door locks work. Maybe no one tried, or maybe someone tried and succeeded…and you don’t know it.

Even if we get the technology right, we still won’t be done. If the goal of a voting system is to accurately translate voter intent into a final tally, the voting machine is only one part of the overall system. In the 2004 U.S. election, problems with voter registration, untrained poll workers, ballot design, and procedures for handling problems resulted in far more votes not being counted than problems with the technology. But if we’re going to spend money on new voting technology, it makes sense to spend it on technology that makes the problem easier instead of harder.

This article originally appeared on openDemocracy.com.

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

Getting Out the Vote: Why is it so hard to run an honest election?

Four years after the Florida debacle of 2000 and two years after Congress passed the Help America Vote Act, voting problems are again in the news: confusing ballots, malfunctioning voting machines, problems over who’s registered and who isn’t. All this brings up a basic question: Why is it so hard to run an election?

A fundamental requirement for a democratic election is a secret ballot, and that’s the first reason. Computers regularly handle multimillion-dollar financial transactions, but much of their security comes from the ability to audit the transactions after the fact and correct problems that arise. Much of what they do can be done the next day if the system is down. Neither of these solutions works for elections.

American elections are particularly difficult because they’re so complicated. One ballot might have 50 different things to vote on, all but one different in each state and many different in each district. It’s much easier to hold national elections in India, where everyone casts a single vote, than in the United States. Additionally, American election systems need to be able to handle 100 million voters in a single day — an immense undertaking in the best of circumstances.

Speed is another factor. Americans demand election results before they go to sleep; we won’t stand for waiting more than two weeks before knowing who won, as happened in India and Afghanistan this year.

To make matters worse, voting systems are used infrequently, at most a few times a year. Systems that are used every day improve because people familiarize themselves with them, discover mistakes and figure out improvements. It seems as if we all have to relearn how to vote every time we do it.

It should be no surprise that there are problems with voting. What’s surprising is that there aren’t more problems. So how to make the system work better?

— Simplicity: This is the key to making voting better. Registration should be as simple as possible. The voting process should be as simple as possible. Ballot designs should be simple, and they should be tested. The computer industry understands the science of user-interface — that knowledge should be applied to ballot design.

— Uniformity: Simplicity leads to uniformity. The United States doesn’t have one set of voting rules or one voting system. It has 51 different sets of voting rules — one for every state and the District of Columbia — and even more systems. The more systems are standardized around the country, the more we can learn from each other’s mistakes.

— Verifiability: Computerized voting machines might have a simple user interface, but complexity hides behind the screen and keyboard. To avoid even more problems, these machines should have a voter-verifiable paper ballot. This isn’t a receipt; it’s not something you take home with you. It’s a paper “ballot” with your votes — one that you verify for accuracy and then put in a ballot box. The machine provides quick tallies, but the paper is the basis for any recounts.

— Transparency: All computer code used in voting machines should be public. This allows interested parties to examine the code and point out errors, resulting in continually improving security. Any voting-machine company that claims its code must remain secret for security reasons is lying. Security in computer systems comes from transparency — open systems that pass public scrutiny — and not secrecy.

But those are all solutions for the future. If you’re a voter this year, your options are fewer. My advice is to vote carefully. Read the instructions carefully, and ask questions if you are confused. Follow the instructions carefully, checking every step as you go. Remember that it might be impossible to correct a problem once you’ve finished voting. In many states — including California — you can request a paper ballot if you have any worries about the voting machine.

And be sure to vote. This year, thousands of people are watching and waiting at the polls to help voters make sure their vote counts.

This essay originally appeared in the San Francisco Chronicle.

Also read Avi Rubin’s op-ed on the subject.

Posted on October 31, 2004 at 9:13 AMView Comments

RFID Passports

Since the terrorist attacks of 2001, the Bush administration–specifically, the Department of Homeland Security–has wanted the world to agree on a standard for machine-readable passports. Countries whose citizens currently do not have visa requirements to enter the United States will have to issue passports that conform to the standard or risk losing their nonvisa status.

These future passports, currently being tested, will include an embedded computer chip. This chip will allow the passport to contain much more information than a simple machine-readable character font, and will allow passport officials to quickly and easily read that information. That is a reasonable requirement and a good idea for bringing passport technology into the 21st century.

But the Bush administration is advocating radio frequency identification (RFID) chips for both U.S. and foreign passports, and that’s a very bad thing.

These chips are like smart cards, but they can be read from a distance. A receiving device can “talk” to the chip remotely, without any need for physical contact, and get whatever information is on it. Passport officials envision being able to download the information on the chip simply by bringing it within a few centimeters of an electronic reader.

Unfortunately, RFID chips can be read by any reader, not just the ones at passport control. The upshot of this is that travelers carrying around RFID passports are broadcasting their identity.

Think about what that means for a minute. It means that passport holders are continuously broadcasting their name, nationality, age, address and whatever else is on the RFID chip. It means that anyone with a reader can learn that information, without the passport holder’s knowledge or consent. It means that pickpockets, kidnappers and terrorists can easily–and surreptitiously–pick Americans or nationals of other participating countries out of a crowd.

It is a clear threat to both privacy and personal safety, and quite simply, that is why it is bad idea. Proponents of the system claim that the chips can be read only from within a distance of a few centimeters, so there is no potential for abuse. This is a spectacularly naïve claim. All wireless protocols can work at much longer ranges than specified. In tests, RFID chips have been read by receivers 20 meters away. Improvements in technology are inevitable.

Security is always a trade-off. If the benefits of RFID outweighed the risks, then maybe it would be worth it. Certainly, there isn’t a significant benefit when people present their passport to a customs official. If that customs official is going to take the passport and bring it near a reader, why can’t he go those extra few centimeters that a contact chip–one the reader must actually touch–would require?

The Bush administration is deliberately choosing a less secure technology without justification. If there were a good offsetting reason to choose that technology over a contact chip, then the choice might make sense.

Unfortunately, there is only one possible reason: The administration wants surreptitious access themselves. It wants to be able to identify people in crowds. It wants to surreptitiously pick out the Americans, and pick out the foreigners. It wants to do the very thing that it insists, despite demonstrations to the contrary, can’t be done.

Normally I am very careful before I ascribe such sinister motives to a government agency. Incompetence is the norm, and malevolence is much rarer. But this seems like a clear case of the Bush administration putting its own interests above the security and privacy of its citizens, and then lying about it.

This article originally appeared in the 4 October 2004 edition of the International Herald Tribune.

Posted on October 4, 2004 at 7:20 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

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

License Plate "Guns" and Privacy

New Haven police have a new law enforcement tool: a license-plate scanner. Similar to a radar gun, it reads the license plates of moving or parked cars and links with remote police databases, immediately providing information about the car and owner. Right now the police check if there are any taxes owed on the car, if the car or license plate is stolen, and if the car is unregistered or uninsured. A car that comes up positive is towed.

On the face of it, this is nothing new. The police have always been able to run a license plate. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to run the plates of every car in a parking garage, or every car that passed through an intersection. 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 meant 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 policeman with a license-plate scanner, or even a remote license-plate scanner mounted on a traffic light and a policeman sitting at a computer in the station. 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. New York’s E-Z Pass tracks cars at tunnels and bridges with tolls. 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. Security cameras are everywhere. If they wanted, the police could take the database of vehicles outfitted with the OnStar tracking system, and immediately locate all of those New Haven cars.

Like the license-plate scanners, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backwards 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 techniques at their disposal. What we need are corresponding mechanisms to prevent abuse, and that don’t place an unreasonable burden on the innocent.

Throughout our nation’s history, we have maintained a balance between the necessary interests of police and the civil rights of the people. The license plate itself is such a balance. Imagine the debate from the early 1900s: The police proposed affixing a plaque to every car with the car owner’s name, so they could better track cars used in crimes. Civil libertarians objected because that would reduce the privacy of every car owner. So a compromise was reached: a random string of letter and numbers that the police could use to determine the car owner. By deliberately designing a more cumbersome system, the needs of law enforcement and the public’s right to privacy were balanced.

The search warrant process, as prescribed in the Fourth Amendment, is another balancing method. So is the minimization requirement for telephone eavesdropping: the police must stop listening to a phone line if the suspect under investigation is not talking.

For license-plate scanners, one obvious protection is to require the police to erase data collected on innocent car owners immediately, and not save it. The police have no legitimate need to collect data on everyone’s driving habits. Another is to allow car owners access to the information about them used in these automated searches, and to allow them to challenge inaccuracies.

We need to go further. Criminal penalties are severe in order 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, both red light cameras and speed-trap cameras all issue citations without any “points” assessed against the driver.

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 essay was originally published in the New Haven Register.

Posted on October 4, 2004 at 7:05 PMView Comments

License Plate "Guns" and Privacy

New Haven police have a new law enforcement tool: a license-plate scanner. Similar to a radar gun, it reads the license plates of moving or parked cars and links with remote police databases, immediately providing information about the car and owner. Right now the police check if there are any taxes owed on the car, if the car or license plate is stolen, and if the car is unregistered or uninsured. A car that comes up positive is towed.

On the face of it, this is nothing new. The police have always been able to run a license plate. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to run the plates of every car in a parking garage, or every car that passed through an intersection. 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 meant 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 policeman with a license-plate scanner, or even a remote license-plate scanner mounted on a traffic light and a policeman sitting at a computer in the station. 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. New York’s E-Z Pass tracks cars at tunnels and bridges with tolls. 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. Security cameras are everywhere. If they wanted, the police could take the database of vehicles outfitted with the OnStar tracking system, and immediately locate all of those New Haven cars.

Like the license-plate scanners, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backwards 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 techniques at their disposal. What we need are corresponding mechanisms to prevent abuse, and that don’t place an unreasonable burden on the innocent.

Throughout our nation’s history, we have maintained a balance between the necessary interests of police and the civil rights of the people. The license plate itself is such a balance. Imagine the debate from the early 1900s: The police proposed affixing a plaque to every car with the car owner’s name, so they could better track cars used in crimes. Civil libertarians objected because that would reduce the privacy of every car owner. So a compromise was reached: a random string of letter and numbers that the police could use to determine the car owner. By deliberately designing a more cumbersome system, the needs of law enforcement and the public’s right to privacy were balanced.

The search warrant process, as prescribed in the Fourth Amendment, is another balancing method. So is the minimization requirement for telephone eavesdropping: the police must stop listening to a phone line if the suspect under investigation is not talking.

For license-plate scanners, one obvious protection is to require the police to erase data collected on innocent car owners immediately, and not save it. The police have no legitimate need to collect data on everyone’s driving habits. Another is to allow car owners access to the information about them used in these automated searches, and to allow them to challenge inaccuracies.

We need to go further. Criminal penalties are severe in order 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, both red light cameras and speed-trap cameras all issue citations without any “points” assessed against the driver.

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 essay was originally published in the New Haven Register.

Posted on October 4, 2004 at 7:05 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.