http://www.fcw.com/online/news/153267-1.html?type=pf
 


Clarifications sought on data mining

By Ben
<http://www.fcw.com/cgi-bin/udt/fdc.collector?client_id=fcw&form_id=mailedit
form&link_id=8&title=Clarifications%20sought%20on%20data%20mining&author=Ben
%20Bain&address=http%3A//www.fcw.com/online/news/153267%2D1.html&summary=Sev
eral%20experts%20contended%20today%20that%20clarification%20is%20needed%20re
garding%20the%20rules%20and%20definitions%20for%20government%20data%20mining
.> Bain 
Published on July 24, 2008

Clarification is needed for the definition of data mining and the rules
governing it, civil libertarians and academics said today.

Several experts at a Homeland Security Department conference on implementing
privacy protections in government data mining expressed concerns that the
meaning of data mining was misunderstood, or had not been fully explained,
thus leading to confusion or potential violations of privacy rights. 

In the legislation that established DHS, Congress required the department to
"establish and utilize.a secure communications and information technology
infrastructure, including data mining and other advanced analytical tools,
in order to access, receive and analyze data." However, according to some
experts, there's confusion over what constitutes data mining, causing
misperceptions.

Some experts were worried that the lack of an agreed-upon definition and
specific rules governing different types of data mining, including the use
of commercial data, increases the risk of privacy violations. 

"What's important here is that we not reflexively say that data mining is
bad.but we need to have in place the rules of the road here.about when data
can be collected, how it can be used," said Barry Steinhardt, director of
the Technology and Liberty Project at the American Civil Liberties Union.
"We have not really had that discussion about what the rules of the road
are." 

In its 2007 annual report to Congress on the department's data mining
activities, DHS' privacy office said that "it is important to note that no
consensus exists on what constitutes 'data mining." 

"In colloquial use, data mining generally refers to any predictive,
pattern-based technology" the report said, adding that different government
reports have used different definitions some more narrow than others.

However, the Data Mining Reporting Act, passed as part of a major
anti-terrorism law in 2007, defines the term as "a program involving
pattern-based queries, searches, or other analyses of one or more electronic
databases" with a series of caveats. In February, DHS released a letter
report on its use of data mining using this definition.

"Data mining means many things to many different people," said David Jensen,
an associate professor of computer science at the University of
Massachusetts. 

Jensen said definitions that portray data mining as a process of filtering
or extraction are easy to understand, but also to misinterpret. He said more
useful definitions explain that data mining is a process that involves
making inferences based on probability ratings.

Christopher Slobogin, a law professor at Vanderbilt University, said even
though data mining did not usually involve physical intrusion, if used
incorrectly it could harm individuals' privacy rights.

Slobogin said people could be hurt by data mining if authorities used
data-mining techniques in good faith but used bad information, or if they
intentionally used data mining to do harm.

Fred Cate, director of the Indiana University's Center for Applied
Cybersecurity Research, said another danger of using data mining incorrectly
is it could waste limited resources. 

"The big challenge here is moving from the scientific world where data
mining is used all the time with enormous effectiveness, into the political
world - the reality in which we live," he said.         


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