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An eerily prescient article from The Atlantic in 1967 about the future of data privacy. It presents all of the basic arguments for strict controls on data collection of personal information, and it’s remarkably accurate in it’s predictions of the future development and importance of computers as well all of all of the ways the government would abuse them.
Well worth reading.
An article from The Washington Post:
Federal authorities hope N-DEx will become what one called a “one-stop shop” enabling federal law enforcement, counterterrorism and intelligence analysts to automatically examine the enormous caches of local and state records for the first time.
[…]
The expanding police systems illustrate the prominent roles that private companies play in homeland security and counterterrorism efforts. They also underscore how the use of new data—and data surveillance—technology to fight crime and terrorism is evolving faster than the public’s understanding or the laws intended to check government power and protect civil liberties, authorities said.
Three decades ago, Congress imposed limits on domestic intelligence activity after revelations that the FBI, Army, local police and others had misused their authority for years to build troves of personal dossiers and monitor political activists and other law-abiding Americans.
Since those reforms, police and federal authorities have observed a wall between law enforcement information-gathering, relating to crimes and prosecutions, and more open-ended intelligence that relates to national security and counterterrorism. That wall is fast eroding following the passage of laws expanding surveillance authorities, the push for information-sharing networks, and the expectation that local and state police will play larger roles as national security sentinels.
Law enforcement and federal security authorities said these developments, along with a new willingness by police to share information, hold out the promise of fulfilling post-Sept. 11, 2001, mandates to connect the dots and root out signs of threats before attacks can occur.
This article from The Wall Street Journal outlines how the NSA is increasingly engaging in domestic surveillance, data collection, and data mining. The result is essentially the same as Total Information Awareness.
According to current and former intelligence officials, the spy agency now monitors huge volumes of records of domestic emails and Internet searches as well as bank transfers, credit-card transactions, travel and telephone records. The NSA receives this so-called “transactional” data from other agencies or private companies, and its sophisticated software programs analyze the various transactions for suspicious patterns. Then they spit out leads to be explored by counterterrorism programs across the U.S. government, such as the NSA’s own Terrorist Surveillance Program, formed to intercept phone calls and emails between the U.S. and overseas without a judge’s approval when a link to al Qaeda is suspected.
[…]
Two former officials familiar with the data-sifting efforts said they work by starting with some sort of lead, like a phone number or Internet address. In partnership with the FBI, the systems then can track all domestic and foreign transactions of people associated with that item—and then the people who associated with them, and so on, casting a gradually wider net. An intelligence official described more of a rapid-response effect: If a person suspected of terrorist connections is believed to be in a U.S. city—for instance, Detroit, a community with a high concentration of Muslim Americans—the government’s spy systems may be directed to collect and analyze all electronic communications into and out of the city.
The haul can include records of phone calls, email headers and destinations, data on financial transactions and records of Internet browsing. The system also would collect information about other people, including those in the U.S., who communicated with people in Detroit.
The information doesn’t generally include the contents of conversations or emails. But it can give such transactional information as a cellphone’s location, whom a person is calling, and what Web sites he or she is visiting. For an email, the data haul can include the identities of the sender and recipient and the subject line, but not the content of the message.
Intelligence agencies have used administrative subpoenas issued by the FBI—which don’t need a judge’s signature—to collect and analyze such data, current and former intelligence officials said. If that data provided “reasonable suspicion” that a person, whether foreign or from the U.S., was linked to al Qaeda, intelligence officers could eavesdrop under the NSA’s Terrorist Surveillance Program.
[…]
The NSA uses its own high-powered version of social-network analysis to search for possible new patterns and links to terrorism. The Pentagon’s experimental Total Information Awareness program, later renamed Terrorism Information Awareness, was an early research effort on the same concept, designed to bring together and analyze as much and as many varied kinds of data as possible. Congress eliminated funding for the program in 2003 before it began operating. But it permitted some of the research to continue and TIA technology to be used for foreign surveillance.
Some of it was shifted to the NSA—which also is funded by the Pentagon—and put in the so-called black budget, where it would receive less scrutiny and bolster other data-sifting efforts, current and former intelligence officials said. “When it got taken apart, it didn’t get thrown away,” says a former top government official familiar with the TIA program.
Two current officials also said the NSA’s current combination of programs now largely mirrors the former TIA project. But the NSA offers less privacy protection. TIA developers researched ways to limit the use of the system for broad searches of individuals’ data, such as requiring intelligence officers to get leads from other sources first. The NSA effort lacks those controls, as well as controls that it developed in the 1990s for an earlier data-sweeping attempt.
Barry Steinhardt of the ACLU comments:
I mean, when we warn about a “surveillance society,” this is what we’re talking about. This is it, this is the ballgame. Mass data from a wide variety of sources—including the private sector—is being collected and scanned by a secretive military spy agency. This represents nothing less than a major change in American life—and unless stopped the consequences of this system for everybody will grow in magnitude along with the rivers of data that are collected about each of us—and that’s more and more every day.
More commentary.
A British company has developed a camera that can detect weapons, drugs or explosives hidden under people’s clothes from up to 25 meters away in what could be a breakthrough for the security industry.
The T5000 camera, created by a company called ThruVision, uses what it calls “passive imaging technology” to identify objects by the natural electromagnetic rays—known as Terahertz or T-rays—that they emit.
The high-powered camera can detect hidden objects from up to 80 feet away and is effective even when people are moving. It does not reveal physical body details and the screening is harmless, the company says.
If this is real, it seems much less invasive than backscatter X ray.
Interesting article from Popular Mechanics on surveillance cameras—I’m quoted in several places. And this about watching back.
The Federal Constitutional Court in Karlsruhe said cyber spying violated individuals’ right to privacy and could be used only in exceptional cases.
Germany’s Federal Constitutional Court has rejected provisions adopted by the State of North Rhine-Westphalia that allowed investigators to covertly search PCs online. In its ruling, the court creates a new right to confidentiality and integrity of personal data stored on IT systems; the ruling expands the current protection provided by the country’s constitutional rights for telecommunications privacy and the personal right to control private information under the German constitution.
In line with an earlier ruling on censuses, the judges found that the modern digital world requires a new right, but not one which is absolute exceptions can be made if there is just cause. The judges did not feel that the blanket covert online searches that North Rhine-Westphalia’s (NRW) provisions allowed fell under that category; rather, these searches were found to be a severe violation of privacy.
The court explained that strict legal provisions apply for covert online searches of PCs, as with exceptional cases of telephone tapping or other exceptions to the right to privacy. Specifically, the judges say that private PCs can only be covertly searched “if there is evidence that an important overriding right would otherwise be violated.”
More articles. Commentary. And here’s the ruling—in German, of course.
So, you’re sitting around the house with your buddies, playing World of Warcraft. One of you wonders: “How can we get paid for doing this?” Another says: “I know; let’s pretend we’re fighting terrorism, and then get a government grant.”
Having eliminated all terrorism in the real world, the U.S. intelligence community is working to develop software that will detect violent extremists infiltrating World of Warcraft and other massive multiplayer games, according to a data-mining report from the Director of National Intelligence.
Another article.
You just can’t make this stuff up.
EDITED TO ADD (3/13): Funny.
When I write and speak about privacy, I am regularly confronted with the mutual disclosure argument. Explained in books like David Brin’s The Transparent Society, the argument goes something like this: In a world of ubiquitous surveillance, you’ll know all about me, but I will also know all about you. The government will be watching us, but we’ll also be watching the government. This is different than before, but it’s not automatically worse. And because I know your secrets, you can’t use my secrets as a weapon against me.
This might not be everybody’s idea of utopia—and it certainly doesn’t address the inherent value of privacy—but this theory has a glossy appeal, and could easily be mistaken for a way out of the problem of technology’s continuing erosion of privacy. Except it doesn’t work, because it ignores the crucial dissimilarity of power.
You cannot evaluate the value of privacy and disclosure unless you account for the relative power levels of the discloser and the disclosee.
If I disclose information to you, your power with respect to me increases. One way to address this power imbalance is for you to similarly disclose information to me. We both have less privacy, but the balance of power is maintained. But this mechanism fails utterly if you and I have different power levels to begin with.
An example will make this clearer. You’re stopped by a police officer, who demands to see identification. Divulging your identity will give the officer enormous power over you: He or she can search police databases using the information on your ID; he or she can create a police record attached to your name; he or she can put you on this or that secret terrorist watch list. Asking to see the officer’s ID in return gives you no comparable power over him or her. The power imbalance is too great, and mutual disclosure does not make it OK.
You can think of your existing power as the exponent in an equation that determines the value, to you, of more information. The more power you have, the more additional power you derive from the new data.
Another example: When your doctor says “take off your clothes,” it makes no sense for you to say, “You first, doc.” The two of you are not engaging in an interaction of equals.
This is the principle that should guide decision-makers when they consider installing surveillance cameras or launching data-mining programs. It’s not enough to open the efforts to public scrutiny. All aspects of government work best when the relative power between the governors and the governed remains as small as possible—when liberty is high and control is low. Forced openness in government reduces the relative power differential between the two, and is generally good. Forced openness in laypeople increases the relative power, and is generally bad.
Seventeen-year-old Erik Crespo was arrested in 2005 in connection with a shooting in a New York City elevator. There’s no question that he committed the shooting; it was captured on surveillance-camera videotape. But he claimed that while being interrogated, Detective Christopher Perino tried to talk him out of getting a lawyer, and told him that he had to sign a confession before he could see a judge.
Perino denied, under oath, that he ever questioned Crespo. But Crespo had received an MP3 player as a Christmas gift, and surreptitiously recorded the questioning. The defense brought a transcript and CD into evidence. Shortly thereafter, the prosecution offered Crespo a better deal than originally proffered (seven years rather than 15). Crespo took the deal, and Perino was separately indicted on charges of perjury.
Without that recording, it was the detective’s word against Crespo’s. And who would believe a murder suspect over a New York City detective? That power imbalance was reduced only because Crespo was smart enough to press the “record” button on his MP3 player. Why aren’t all interrogations recorded? Why don’t defendants have the right to those recordings, just as they have the right to an attorney? Police routinely record traffic stops from their squad cars for their own protection; that video record shouldn’t stop once the suspect is no longer a threat.
Cameras make sense when trained on police, and in offices where lawmakers meet with lobbyists, and wherever government officials wield power over the people. Open-government laws, giving the public access to government records and meetings of governmental bodies, also make sense. These all foster liberty.
Ubiquitous surveillance programs that affect everyone without probable cause or warrant, like the National Security Agency’s warrantless eavesdropping programs or various proposals to monitor everything on the internet, foster control. And no one is safer in a political system of control.
This essay originally appeared on Wired.com.
Commentary by David Brin.
SurveillanceSaver is a screensaver for OS X and Windows that shows live images of over 400 network surveillance cameras worldwide.
The post office is launching a new barcode on first class mail that will enable the sender to track mail through the system:
With the new bar code, companies will be able to track mail delivery and know when their customers got a bill, solicitation or product, and the Postal Service will have another way of checking that mail is being delivered on time.
Companies also will be given a chance to buy data collected by the post office that will give them insights into how customers respond to advertising and marketing. A company, for instance, can buy a television or newspaper ad to tout a new product, follow up with an announcement in the mail and get a sense of how well the ad is connecting with customers.
So now the government will have a database of who sends mail to whom. Of course, there’s no discussion of this in the news article.
ETA: The plan only applies to commercial mail, like ad mailers and magazines, not to letters that individual people send each other.
Sidebar photo of Bruce Schneier by Joe MacInnis.