Entries Tagged "searches"

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Interview with National Intelligence Director Mike McConnell

Mike McConnell, U.S. National Intelligence Director, gave an interesting interview to the El Paso Times.

I don’t think he’s ever been so candid before. For example, he admitted that the nation’s telcos assisted the NSA in their massive eavesdropping efforts. We already knew this, of course, but the government has steadfastly maintained that either confirming or denying this would compromise national security.

There are, of course, moments of surreality. He said that it takes 200 hours to prepare a FISA warrant. Ryan Single calculated that since there were 2,167 such warrants in 2006, there must be “218 government employees with top secret clearances sitting in rooms, writing only FISA warrants.” Seems unlikely.

But most notable is this bit:

Q. So you’re saying that the reporting and the debate in Congress means that some Americans are going to die?

A. That’s what I mean. Because we have made it so public. We used to do these things very differently, but for whatever reason, you know, it’s a democratic process and sunshine’s a good thing. We need to have the debate.

Ah, the politics of fear. I don’t care if it’s the terrorists or the politicians, refuse to be terrorized. (More interesting discussions on the interview here, here, here, here, here, and here.)

Posted on August 24, 2007 at 6:30 AMView Comments

Conversation with Kip Hawley, TSA Administrator (Part 2)

This is Part 2 of a five-part series. Link to whole thing.

BS: I hope you’re telling the truth; screening is a difficult problem, and it’s hard to discount all of those published tests and reports. But a lot of the security around these checkpoints is about perception—we want potential terrorists to think there’s a significant chance they won’t get through the checkpoints—so you’re better off maintaining that the screeners are better than reports indicate, even if they’re not.

Backscatter X-ray is another technology that is causing privacy concerns, since it basically allows you to see people naked. Can you explain the benefits of the technology, and what you are doing to protect privacy? Although the machines can distort the images, we know that they can store raw, unfiltered images; the manufacturer Rapiscan is quite proud of the fact. Are the machines you’re using routinely storing images? Can they store images at the screener’s discretion, or is that capability turned off at installation?

KH: We’re still evaluating backscatter and are in the process of running millimeter wave portals right alongside backscatter to compare their effectiveness and the privacy issues. We do not now store images for the test phase (function disabled), and although we haven’t officially resolved the issue, I fully understand the privacy argument and don’t assume that we will store them if and when they’re widely deployed.

BS: When can we keep our shoes on?

KH: Any time after you clear security. Sorry, Bruce, I don’t like it either, but this is not just something leftover from 2002. It is a real, current concern. We’re looking at shoe scanners and ways of using millimeter wave and/or backscatter to get there, but until the technology catches up to the risk, the shoes have to go in the bin.

BS: This feels so much like “cover your ass” security: you’re screening our shoes because everyone knows Richard Reid hid explosives in them, and you’ll be raked over the coals if that particular plot ever happens again. But there are literally thousands of possible plots.

So when does it end? The terrorists invented a particular tactic, and you’re defending against it. But you’re playing a game you can’t win. You ban guns and bombs, so the terrorists use box cutters. You ban small blades and knitting needles, and they hide explosives in their shoes. You screen shoes, so they invent a liquid explosive. You restrict liquids, and they’re going to do something else. The terrorists are going to look at what you’re confiscating, and they’re going to design a plot to bypass your security.

That’s the real lesson of the liquid bombers. Assuming you’re right and the explosive was real, it was an explosive that none of the security measures at the time would have detected. So why play this slow game of whittling down what people can bring onto airplanes? When do you say: “Enough. It’s not about the details of the tactic; it’s about the broad threat”?

KH: In late 2005, I made a big deal about focusing on Improvised Explosives Devices (IEDs) and not chasing all the things that could be used as weapons. Until the liquids plot this summer, we were defending our decision to let scissors and small tools back on planes and trying to add layers like behavior detection and document checking, so it is ironic that you ask this question—I am in vehement agreement with your premise. We’d rather focus on things that can do catastrophic harm (bombs!) and add layers to get people with hostile intent to highlight themselves. We have a responsibility, though, to address known continued active attack methods like shoes and liquids and, unfortunately, have to use our somewhat clunky process for now.

BS: You don’t have a responsibility to screen shoes; you have one to protect air travel from terrorism to the best of your ability. You’re picking and choosing. We know the Chechnyan terrorists who downed two Russian planes in 2004 got through security partly because different people carried the explosive and the detonator. Why doesn’t this count as a continued, active attack method?

I don’t want to even think about how much C4 I can strap to my legs and walk through your magnetometers. Or search the Internet for “BeerBelly.” It’s a device you can strap to your chest to smuggle beer into stadiums, but you can also use it smuggle 40 ounces of dangerous liquid explosive onto planes. The magnetometer won’t detect it. Your secondary screening wandings won’t detect it. Why aren’t you making us all take our shirts off? Will you have to find a printout of the webpage in some terrorist safe house? Or will someone actually have to try it? If that doesn’t bother you, search the Internet for “cell phone gun.”

It’s “cover your ass” security. If someone tries to blow up a plane with a shoe or a liquid, you’ll take a lot of blame for not catching it. But if someone uses any of these other, equally known, attack methods, you’ll be blamed less because they’re less public.

KH: Dead wrong! Our security strategy assumes an adaptive terrorist, and that looking backwards is not a reliable predictor of the next type of attack. Yes, we screen for shoe bombs and liquids, because it would be stupid not to directly address attack methods that we believe to be active. Overall, we are getting away from trying to predict what the object looks like and looking more for the other markers of a terrorist. (Don’t forget, we see two million people a day, so we know what normal looks like.) What he/she does; the way they behave. That way we don’t put all our eggs in the basket of catching them in the act. We can’t give them free rein to surveil or do dry-runs; we need to put up obstacles for them at every turn. Working backwards, what do you need to do to be successful in an attack? Find the decision points that show the difference between normal action and action needed for an attack. Our odds are better with this approach than by trying to take away methods, annoying object by annoying object. Bruce, as for blame, that’s nothing compared to what all of us would carry inside if we failed to prevent an attack.

Part 3: The no-fly list

Posted on July 31, 2007 at 6:12 AMView Comments

Conversation with Kip Hawley, TSA Administrator (Part 1)

This is Part 1 of a five-part series. Link to whole thing.

In April, Kip Hawley, the head of the Transportation Security Administration (TSA), invited me to Washington for a meeting. Despite some serious trepidation, I accepted. And it was a good meeting. Most of it was off the record, but he asked me how the TSA could overcome its negative image. I told him to be more transparent, and stop ducking the hard questions. He said that he wanted to do that. He did enjoy writing a guest blog post for Aviation Daily, but having a blog himself didn’t work within the bureaucracy. What else could he do?

This interview, conducted in May and June via e-mail, was one of my suggestions.

Bruce Schneier: By today’s rules, I can carry on liquids in quantities of three ounces or less, unless they’re in larger bottles. But I can carry on multiple three-ounce bottles. Or a single larger bottle with a non-prescription medicine label, like contact lens fluid. It all has to fit inside a one-quart plastic bag, except for that large bottle of contact lens fluid. And if you confiscate my liquids, you’re going to toss them into a large pile right next to the screening station—which you would never do if anyone thought they were actually dangerous.

Can you please convince me there’s not an Office for Annoying Air Travelers making this sort of stuff up?

Kip Hawley: Screening ideas are indeed thought up by the Office for Annoying Air Travelers and vetted through the Directorate for Confusion and Complexity, and then we review them to insure that there are sufficient unintended irritating consequences so that the blogosphere is constantly fueled. Imagine for a moment that TSA people are somewhat bright, and motivated to protect the public with the least intrusion into their lives, not to mention travel themselves. How might you engineer backwards from that premise to get to three ounces and a baggie?

We faced a different kind of liquid explosive, one that was engineered to evade then-existing technology and process. Not the old Bojinka formula or other well-understood ones—TSA already trains and tests on those. After August 10, we began testing different variants with the national labs, among others, and engaged with other countries that have sophisticated explosives capabilities to find out what is necessary to reliably bring down a plane.

We started with the premise that we should prohibit only what’s needed from a security perspective. Otherwise, we would have stuck with a total liquid ban. But we learned through testing that that no matter what someone brought on, if it was in a small enough container, it wasn’t a serious threat. So what would the justification be for prohibiting lip gloss, nasal spray, etc? There was none, other than for our own convenience and the sake of a simple explanation.

Based on the scientific findings and a don’t-intrude-unless-needed-for-security philosophy, we came up with a container size that eliminates an assembled bomb (without having to determine what exactly is inside the bottle labeled “shampoo”), limits the total liquid any one person can bring (without requiring Transportation Security Officers (TSOs) to count individual bottles), and allows for additional security measures relating to multiple people mixing a bomb post-checkpoint. Three ounces and a baggie in the bin gives us a way for people to safely bring on limited quantities of liquids, aerosols and gels.

BS: How will this foil a plot, given that there are no consequences to trying? Airplane contraband falls into two broad categories: stuff you get in trouble for trying to smuggle onboard, and stuff that just gets taken away from you. If I’m caught at a security checkpoint with a gun or a bomb, you’re going to call the police and really ruin my day. But if I have a large bottle of that liquid explosive, you confiscate it with a smile and let me though. So unless you’re 100% perfect in catching this stuff—which you’re not—I can just try again and again until I get it through.

This isn’t like contaminants in food, where if you remove 90% of the particles, you’re 90% safer. None of those false alarms—none of those innocuous liquids taken away from innocent travelers—improve security. We’re only safer if you catch the one explosive liquid amongst the millions of containers of water, shampoo, and toothpaste. I have described two ways to get large amounts of liquids onto airplanes—large bottles labeled “saline solution” and trying until the screeners miss the liquid—not to mention combining multiple little bottles of liquid into one big bottle after the security checkpoint.

I want to assume the TSA is both intelligent and motivated to protect us. I’m taking your word for it that there is an actual threat—lots of chemists disagree—but your liquid ban isn’t mitigating it. Instead, I have the sinking feeling that you’re defending us against a terrorist smart enough to develop his own liquid explosive, yet too stupid to read the rules on TSA’s own website.

KH: I think your premise is wrong. There are consequences to coming to an airport with a bomb and having some of the materials taken away at the checkpoint. Putting aside our layers of security for the moment, there are things you can do to get a TSO’s attention at the checkpoint. If a TSO finds you or the contents of your bag suspicious, you might get interviewed and/or have your bags more closely examined. If the TSO throws your liquids in the trash, they don’t find you a threat.

I often read blog posts about how someone could just take all their three-ounce bottles—or take bottles from others on the plane—and combine them into a larger container to make a bomb. I can’t get into the specifics, but our explosives research shows this is not a viable option.

The current system is not the best we’ll ever come up with. In the near future, we’ll come up with an automated system to take care of liquids, and everyone will be happier.

In the meantime, we have begun using hand-held devices that can recognize threat liquids through factory-sealed containers (we will increase their number through the rest of the year) and we have different test strips that are effective when a bottle is opened. Right now, we’re using them on exempt items like medicines, as well as undeclared liquids TSOs find in bags. This will help close the vulnerability and strengthen the deterrent.

BS: People regularly point to security checkpoints missing a knife in their handbag as evidence that security screening isn’t working. But that’s wrong. Complete effectiveness is not the goal; the checkpoints just have to be effective enough so that the terrorists are worried their plan will be uncovered. But in Denver earlier this year, testers sneaked 90% of weapons through. And other tests aren’t much better. Why are these numbers so poor, and why didn’t they get better when the TSA took over airport security?

KH: Your first point is dead on and is the key to how we look at security. The stories about 90% failures are wrong or extremely misleading. We do many kinds of effectiveness tests at checkpoints daily. We use them to guide training and decisions on technology and operating procedures. We also do extensive and very sophisticated Red Team testing, and one of their jobs is to observe checkpoints and go back and figure out—based on inside knowledge of what we do—ways to beat the system. They isolate one particular thing: for example, a particular explosive, made and placed in a way that exploits a particular weakness in technology; our procedures; or the way TSOs do things in practice. Then they will test that particular thing over and over until they identify what corrective action is needed. We then change technology or procedure, or plain old focus on execution. And we repeat the process—forever.

So without getting into specifics on the test results, of course there are times that our evaluations can generate high failure rate numbers on specific scenarios. Overall, though, our ability to detect bomb components is vastly improved and it will keep getting better. (Older scores you may have seen may be “feel good” numbers based on old, easy tests. Don’t go for the sound-bite; today’s TSOs are light-years ahead of even where they were two years ago.)

Part 2: When can we keep our shoes on?

Posted on July 30, 2007 at 6:12 AMView Comments

Third Party Consent and Computer Searches

U.S. courts are weighing in with opinions:

When Ray Andrus’ 91-year-old father gave federal agents permission to search his son’s password-protected computer files and they found child pornography, the case turned a spotlight on how appellate courts grapple with third-party consents to search computers.

[…]

The case was a first for the 10th U.S. Circuit Court of Appeals, and only two other circuits have touched on the issue, the 4th and 6th circuits. The 10th Circuit held that although password-protected computers command a high level of privacy, the legitimacy of a search turns on an officer’s belief that the third party had authority to consent.

The 10th Circuit’s recent 2-1 decision in U.S. v. Andrus, No. 06-3094 (April 25, 2007), recognized for the first time that a password-protected computer is like a locked suitcase or a padlocked footlocker in a bedroom. The digital locks raise the expectation of privacy by the owner. The majority nonetheless refused to suppress the evidence.

Excellent commentary from Jennifer Granick:

The Fourth Amendment generally prohibits warrantless searches of an individual’s home or possessions. There is an exception to the warrant requirement when someone consents to the search. Consent can be given by the person under investigation, or by a third party with control over or mutual access to the property being searched. Because the Fourth Amendment only prohibits “unreasonable searches and seizures,” permission given by a third party who lacks the authority to consent will nevertheless legitimize a warrantless search if the consenter has “apparent authority,” meaning that the police reasonably believed that the person had actual authority to control or use the property.

Under existing case law, only people with a key to a locked closet have apparent authority to consent to a search of that closet. Similarly, only people with the password to a locked computer have apparent authority to consent to a search of that device. In Andrus, the father did not have the password (or know how to use the computer) but the police say they did not have any reason to suspect this because they did not ask and did not turn the computer on. Then, they used forensic software that automatically bypassed any installed password.

The majority held that the police officers not only weren’t obliged to ask whether the father used the computer, they had no obligation to check for a password before performing their forensic search. In dissent, Judge Monroe G. McKay criticized the agents’ intentional blindness to the existence of password protection, when physical or digital locks are such a fundamental part of ascertaining whether a consenting person has actual or apparent authority to permit a police search. “(T)he unconstrained ability of law enforcement to use forensic software such at the EnCase program to bypass password protection without first determining whether such passwords have been enabled … dangerously sidestep(s) the Fourth Amendment.”

[…]

If courts are going to treat computers as containers, and if owners must lock containers in order to keep them private from warrantless searches, then police should be required to look for those locks. Password protected computers and locked containers are an inexact analogy, but if that is how courts are going to do it, then its inappropriate to diminish protections for computers simply because law enforcement chooses to use software that turns a blind eye to owners’ passwords.

Posted on June 5, 2007 at 6:43 AMView Comments

Incompetence at the Border

Tom Kyte, Oracle database expert, relays a surreal story of a border crossing into the U.S. from Canada:

He clicks on it and it asks for a password. He looks surprised and says “it needs a password”. I was like – that is OK, I have it, here you go… Now he is logged in. But—my desktop looks a tad different from most—there is no IE on the desktop, just the recycle bin and a folder called programs—nothing else.

He really doesn’t know what to do now. No special searching software, nothing. He looks at me and says “you know what we are doing here right?”. I said—not really (I knew what we were doing, I read the news and all, but just said “no”). “Well” he says “we are looking for pornography”. Ahh I say… Ok, no problem.

But he is stuck. There is nothing familiar. So he clicks on the start menu and finds “My Pictures”. You know, if I was into that—that is precisely where I would stick all of my porn—right there in “My Pictures”. He goes into it—and sees all of my folders. And all of my pictures, which we looked at. He said “wow, you travel a lot”, I said “yup”.

Posted on March 22, 2007 at 10:39 AMView Comments

The Death of Ephemeral Conversation

The political firestorm over former U.S. Rep. Mark Foley’s salacious instant messages hides another issue, one about privacy. We are rapidly turning into a society where our intimate conversations can be saved and made public later. This represents an enormous loss of freedom and liberty, and the only way to solve the problem is through legislation.

Everyday conversation used to be ephemeral. Whether face-to-face or by phone, we could be reasonably sure that what we said disappeared as soon as we said it. Of course, organized crime bosses worried about phone taps and room bugs, but that was the exception. Privacy was the default assumption.

This has changed. We now type our casual conversations. We chat in e-mail, with instant messages on our computer and SMS messages on our cellphones, and in comments on social networking Web sites like Friendster, LiveJournal, and MySpace. These conversations—with friends, lovers, colleagues, fellow employees—are not ephemeral; they leave their own electronic trails.

We know this intellectually, but we haven’t truly internalized it. We type on, engrossed in conversation, forgetting that we’re being recorded.

Foley’s instant messages were saved by the young men he talked to, but they could have also been saved by the instant messaging service. There are tools that allow both businesses and government agencies to monitor and log IM conversations. E-mail can be saved by your ISP or by the IT department in your corporation. Gmail, for example, saves everything, even if you delete it.

And these conversations can come back to haunt people—in criminal prosecutions, divorce proceedings or simply as embarrassing disclosures. During the 1998 Microsoft anti-trust trial, the prosecution pored over masses of e-mail, looking for a smoking gun. Of course they found things; everyone says things in conversation that, taken out of context, can prove anything.

The moral is clear: If you type it and send it, prepare to explain it in public later.

And voice is no longer a refuge. Face-to-face conversations are still safe, but we know that the National Security Agency is monitoring everyone’s international phone calls. (They said nothing about SMS messages, but one can assume they were monitoring those too.) Routine recording of phone conversations is still rare—certainly the NSA has the capability—but will become more common as telephone calls continue migrating to the IP network.

If you find this disturbing, you should. Fewer conversations are ephemeral, and we’re losing control over the data. We trust our ISPs, employers and cellphone companies with our privacy, but again and again they’ve proven they can’t be trusted. Identity thieves routinely gain access to these repositories of our information. Paris Hilton and other celebrities have been the victims of hackers breaking into their cellphone providers’ networks. Google reads our Gmail and inserts context-dependent ads.

Even worse, normal constitutional protections don’t apply to much of this. The police need a court-issued warrant to search our papers or eavesdrop on our communications, but can simply issue a subpoena—or ask nicely or threateningly—for data of ours that is held by a third party, including stored copies of our communications.

The Justice Department wants to make this problem even worse, by forcing ISPs and others to save our communications—just in case we’re someday the target of an investigation. This is not only bad privacy and security, it’s a blow to our liberty as well. A world without ephemeral conversation is a world without freedom.

We can’t turn back technology; electronic communications are here to stay. But as technology makes our conversations less ephemeral, we need laws to step in and safeguard our privacy. We need a comprehensive data privacy law, protecting our data and communications regardless of where it is stored or how it is processed. We need laws forcing companies to keep it private and to delete it as soon as it is no longer needed.

And we need to remember, whenever we type and send, we’re being watched.

Foley is an anomaly. Most of us do not send instant messages in order to solicit sex with minors. Law enforcement might have a legitimate need to access Foley’s IMs, e-mails and cellphone calling logs, but that’s why there are warrants supported by probable cause—they help ensure that investigations are properly focused on suspected pedophiles, terrorists and other criminals. We saw this in the recent UK terrorist arrests; focused investigations on suspected terrorists foiled the plot, not broad surveillance of everyone without probable cause.

Without legal privacy protections, the world becomes one giant airport security area, where the slightest joke—or comment made years before—lands you in hot water. The world becomes one giant market-research study, where we are all life-long subjects. The world becomes a police state, where we all are assumed to be Foleys and terrorists in the eyes of the government.

This essay originally appeared on Forbes.com.

Posted on October 18, 2006 at 3:30 PMView Comments

Please Stop My Car

Residents of Prescott Valley are being invited to register their car if they don’t drive in the middle of the night. Police will then stop those cars if they are on the road at that time, under the assumption that they’re stolen.

The Watch Your Car decal program is a voluntary program whereby vehicle owners enroll their vehicles with the AATA. The vehicle is then entered into a special database, developed and maintained by the AATA, which is directly linked to the Motor Vehicle Division (MVD).

Participants then display the Watch Your Car decals in the front and rear windows of their vehicle. By displaying the decals, vehicle owners convey to law enforcement officials that their vehicle is not usually in use between the hours of 1:00 AM and 5:00 AM, when the majority of thefts occur.

If a police officer witnesses the vehicle in operation between these hours, they have the authority to pull it over and question the driver. With access to the MVD database, the officer will be able to determine if the vehicle has been stolen, or not. The program also allows law enforcement officials to notify the vehicle’s owner immediately upon determination that it is being illegally operated.

This program is entirely optional, but there’s a serious externality. If the police spend time chasing false alarms, they’re not available for other police business. If the town charged car owners a fine for each false alarm, I would have no problems with this program. It doesn’t have to be a large fine, but it has to be enough to offset the cost to the town. It’s no different than police departments charging homeowners for false burglar alarms, when the alarm systems are automatically hooked into the police stations.

Posted on October 16, 2006 at 6:30 AMView Comments

Laptop Seizures in Sudan

According to CNN:

Sudanese security forces have begun seizing laptop computers entering the country to check on the information stored on them as part of new security measures.

One state security source said the laptops are searched and returned in one day and that the procedure was introduced because pornographic films and photographs were entering Sudan.

U.N. officials, aid agency workers, businessmen and journalists who regularly visit Sudan worry the security of sensitive and confidential information such as medical, legal and financial records on their computers could be at risk.

Authorities have cracked down on organizations like Medecins Sans Frontieres, the International Rescue Committee who have published reports on huge numbers of rapes in the violent Darfur region.

(More commentary here.)

While the stated reason is pornography, anyone bringing a computer into the country should be concerned about personal information, writing that might be deemed political by the Sudanese authorities, confidential business information, and so on.

And this should be a concern regardless of the border you cross. Your privacy rights when trying to enter a country are minimal, and this kind of thing could happen anywhere. (I have heard anecdotal stories about Israel doing this, but don’t have confirmation.)

If you’re bringing a laptop across an international border, you should clean off all unnecessary files and encrypt the rest.

EDITED TO ADD (9/15): This is legal in the U.S.

EDITED TO ADD (9/30): More about the legality of this in the U.S.

Posted on September 13, 2006 at 6:44 AMView Comments

Random Bag Searches in Subways

Last year, New York City implemented a program of random bag searches in the subways. It was a silly idea, and I wrote about it then. Recently the U.S. Court of Appeals for the 2nd Circuit upheld the program. Daniel Solove wrote about the ruling:

The 2nd Circuit panel concluded that the program was “reasonable” under the 4th Amendment’s special needs doctrine. Under the special needs doctrine, if there are exceptional circumstances that make the warrant and probable cause requirements unnecessary, then the search should be analyzed in terms of whether it is “reasonable.” Reasonableness is determined by balancing privacy against the government ‘s need. The problem with the 2nd Circuit decision is that under its reasoning, nearly any search, no matter how intrusive into privacy, would be justified. This is because of the way it assesses the government’s side of the balance. When the government’s interest is preventing the detonation of a bomb on a crowded subway, with the potential of mass casualties, it is hard for anything to survive when balanced against it.

The key to the analysis should be the extent to which the search program will effectively improve subway safety. In other words, the goals of the program may be quite laudable, but nobody questions the importance of subway safety. Its weight is so hefty that little can outweigh it. The important issue is whether the search program is a sufficiently effective way of achieving those goals that it is worth the trade-off in civil liberties. On this question, unfortunately, the 2nd Circuit punts. It defers to the law enforcement officials:

That decision is best left to those with “a unique understanding of, and responsibility for, limited public resources, including a finite number of police officers.” Accordingly, we ought not conduct a “searching examination of effectiveness.” Instead, we need only determine whether the Program is “a reasonably effective means of addressing” the government interest in deterring and detecting a terrorist attack on the subway system…

Instead, plaintiffs claim that the Program can have no meaningful deterrent effect because the NYPD employs too few checkpoints. In support of that claim, plaintiffs rely upon various statistical manipulations of the sealed checkpoint data.

We will not peruse, parse, or extrapolate four months’ worth of data in an attempt to divine how many checkpoints the City ought to deploy in the exercise of its day to day police power. Counter terrorism experts and politically accountable officials have undertaken the delicate and esoteric task of deciding how best to marshal their available resources in light of the conditions prevailing on any given day. We will not and may not second guess the minutiae of their considered decisions. (internal citations omitted)

Although courts should not take a “know it all” attitude, they must not defer on such a critical question. The problem with many security measures is that they are not a very wise expenditure of resources. It is costly to have a lot of police officers engage in these random searches when they could be doing other things or money could be spent on other measures. A very small number of random searches in a subway system of over 4 million riders a day seems more symbolic that effective. If courts don’t question the efficacy of security measures in the name of terrorism, then it allows law enforcement officials to win nearly all the time. The government just needs to come into court and say “terrorism” and little else will matter.

Posted on August 16, 2006 at 3:32 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.