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http://www.oaklandtribune.com/Stories/0,1413,82~10834~2266091,00.html
Data mining may bring new technology rules
Information gathering strains rights to privacy
By Brian Bergstein, Associated Press

NEW YORK -- When the head of the Transportation Security Administration
recently disclosed that four airlines and two reservation systems shared
personal data on passengers without their consent, privacy activists
predictably cried foul.
But they weren't alone. Sen. Joe Lieberman, top Democrat on the Governmental
Affairs Committee, said the agency may have broken the 1974 Privacy Act.

The key phrase is "may have," because even as the government increasingly
relies on of data mining -- scouring databases in search of clues about
terrorism and everyday waste and fraud -- there aren't clear rules about the
practice.

Privacy activists say it's like the wild West, dangerously unregulated.

If so, then the data mining frontier could finally be seeing some civilizing
influences take shape, particularly in the recommendations of a panel headed
by former Federal Communications Commission chief Newton Minow are getting
particular praise.



The panel's report, released in early June, acknowledged the importance of
data mining in fighting terrorism. But it also said broad searches through
reams of records and commercial files, on citizens who have done nothing to
warrant individual suspicion, threaten fundamental protections in the Bill
of Rights.

To strike a balance, the group, known as the Technology and Privacy Advisory
Committee (TAPAC), called for technological changes that would "anonymize"
data so investigators could hunt for suspicious activities and associations
without immediately knowing whom they were probing.

To query personally identifiable information, investigators would need
authorization from the Foreign Intelligence Surveillance Court.

TAPAC said its restrictions should apply only to general data mining on U.S.
citizens. Analysis of government employees and airplane passenger lists,
presumably including the developing CAPPS II airport security program, could
continue unchanged. Foreign suspects and overseas intelligence data also
would not be covered by the new restrictions.

Overall, TAPAC said the government needs to make data privacy and accuracy a
bigger priority. It called for a reworking of U.S. data laws, which are
"disjointed and often outdated, and as a result may compromise the
protection of privacy, public confidence, and the nation's ability to craft
effective and lawful responses to terrorism."


Conservative and liberal opponents fear data mining is a slippery slope to a
Big Brother future, and say the use of privately accumulated data skirts
prohibitions against the government's keeping of such files itself.

Supporters say the technology is essential for efficient government and
national security.



Some contend better use of data mining could have identified and perhaps
prevented the 19 hijackers of Sept. 11, 2001.

While privacy activists have objected to several data mining programs, only
a few systems have been affected, such as the Pentagon's now-shuttered Total
Information Awareness project, which sought to sift through virtually as
much data as possible.


TAPAC was impaneled by Secretary of Defense Donald Rumsfeld to seek lessons
from that debacle.

A slew of federal bodies have been drawn to data mining.

A report in May from the General Accounting Office, the investigative arm of
Congress, found 199 examples of data mining programs in government agencies,
including 54 that sift through information purchased from private-sector
aggregators.

Most of the programs aren't aimed at terrorism. Several work to ensure
federal employees aren't misusing government credit cards. The Internal
Revenue Service plumbs databases to look for clues about potential tax
cheats.

"There's a growing realization that data mining is a fact of life in the
government and that we need to begin to get a handle on it, develop some
rules," said Barry Steinhardt, director of the technology and liberty
program at the American Civil Liberties Union.

He called the TAPAC report "a good starting point."

Sen. Ron Wyden, an Oregon Democrat who has proposed steep curbs on
government data mining, said he believed the TAPAC report would support his
position, in part because the panel was independent and bipartisan. Its
membership is listed at www.sainc.com/tapac/members.htm

TAPAC's report also was received favorably at ChoicePoint Inc., a database
aggregator that feeds information to many government systems.

"Between this and the report of the 9/11 Commission, these two together are
going to be great points to begin the rational dialogue," said ChoicePoint's
marketing director, James Lee.

TAPAC was not the first to recommend information-anonymizing technology as a
bridge in the security vs. privacy debate. Similar recommendations have come
in analyses by the Markle Foundation, the Center for Democracy and
Technology and the conservative Heritage Foundation.

Still, big agreements on data mining won't be easy. Even one of TAPAC's own
members, William Coleman Jr., an attorney who served as Transportation
Secretary in the Ford administration, disagreed with much of the report,
saying it underestimated the terrorist threat.

Observers don't expect Congress to issue new data mining rules until 2005,
partly because the subject is touchy in an election year. That disappoints
privacy watchers who believe this is a crucial period.

"The government can just go buy personal data from the private sector --
that's not a great privacy policy," said Evan Hendricks, publisher of the
Privacy Times newsletter. "It's the wild wild West, and you have to be Jesse
James if you're going to protect your own privacy."





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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substanceâ??not soap-boxingâ??please!   These are
sordid matters and 'conspiracy theory'â??with its many half-truths, mis-
directions and outright fraudsâ??is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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