“The National Data Center and Personal Privacy”

Arthur Miller:

I can’t tell you how excited I was when I found this magazine on eBay. I thought that the author was this Arthur Miller. An article about the personal privacy threats inherent in massive government databases, written by the author of the Crucible sounded amazing. It turns out that the author was actually this Arthur Miller, and I don’t think anyone could have done a better job.

This is the most amazingly prescient article I’ve ever read. When people write about the future they are usually wrong. When people write about the future of computers, they are usually even more wrong. This article got everything right. If you changed the tense and a few bits of jargon, then handed to me and told me it was written by the EFF, I’d believe it.

Just to give you an idea of how right he was on even the basic computer stuff, here’s the second paragraph of the article. Keep in mind that this is what desktop computers looked like in 1967.

“The modern computer is more than a sophisticated indexing or adding machine, or a miniaturized library; it is the keystone for a new communications medium whose capacities and implications we are only beginning to realize. In the foreseeable future, computer systems will be tied together by television, satellites, and lasers, and we will move large quantities of information over vast distances in imperceptible units of time.”

Forty-one years ago Arthur R. Miller laid out all of the privacy threats that we face now. The power that credit reporting databases have over us. The illegal government use of our financial and phone records. The attempt to build a master database tying all of these together. The fact that the government might consider you a threat if you so much as sent a Christmas card to someone the government has on a watch list. It’s all here. He basically predicted and laid out all of the arguments against the Total Information Awareness program and the current NSA programs that have been so much in the news.

It’s nice to know there were people who were so ahead of the curve in trying to protect our rights, and it’s a tragedy that more people didn’t listen. I think it speaks strongly to the need to pay attention to this stuff now, because this problem will only get worse.

NSA’s Domestic Spying Grows As Agency Sweeps Up Data

Siobhan Gorman:

Five years ago, Congress killed an experimental Pentagon antiterrorism program meant to vacuum up electronic data about people in the U.S. to search for suspicious patterns. Opponents called it too broad an intrusion on Americans’ privacy, even after the Sept. 11 terrorist attacks.
But the data-sifting effort didn’t disappear. The National Security Agency, once confined to foreign surveillance, has been building essentially the same system.
The central role the NSA has come to occupy in domestic intelligence gathering has never been publicly disclosed. But an inquiry reveals that its efforts have evolved to reach more broadly into data about people’s communications, travel and finances in the U.S. than the domestic surveillance programs brought to light since the 2001 terrorist attacks.

“Madison’s council to clarify open records law” – Fascinating

Cara Harshman via a friend’s email:

On the heels of an open records requests in Michigan that publicized an extramarital affair of Detroit Mayor Kwame Kilpatrick, Madison city officials are looking to set standards for changing technologies in the city.
After a year of detailed study and work, Mayor Dave Cieslewicz and Ald. Zach Brandon, District 7, will introduce an ordinance to the City Council later this month clarifying the forms of electronic communication city employees use that are open to the public.
Rapidly changing electronic communication technology, like text messages, instant messages and Facebook prompted Brandon to ask, “What is an open record and what is not an open record?”
Currently, the Wisconsin public record law says electronic communications are open records, but does not specify which types of electronic communication are included, Brandon said.
“[The city] has gone the extra step to define what that means,” Brandon said. Bill Lueders, president of the Wisconsin Freedom of Information Council said the city essentially used the state’s record law as a model to update its own open records law.

This will certainly be more fodder for the courts. Much more on Wisconsin open records here.

Herb Kohl’s Office on FISA

I phoned Senator Kohl’s Washington office [(202) 224-5653] regarding his vote against the Dodd/Feingold telco immunity amendment yesterday. The telephone operator said that Senator Kohl supported an amendment that would have the government (we taxpayers) defend the telcos in court and that these cases should be heard in a court where intelligence information could be shared. John McCain voted with Senator Kohl, while Barack Obama voted with Russ Feingold and Hillary Clinton did not vote. David Isenberg has more as does Dave Farber. The Electronic Frontier Foundation posted a summery here.

Security vs. Privacy

Bruce Schneier:

If there’s a debate that sums up post-9/11 politics, it’s security versus privacy. Which is more important? How much privacy are you willing to give up for security? Can we even afford privacy in this age of insecurity? Security versus privacy: It’s the battle of the century, or at least its first decade.
In a Jan. 21 New Yorker article, Director of National Intelligence Michael McConnell discusses a proposed plan to monitor all — that’s right, all — internet communications for security purposes, an idea so extreme that the word “Orwellian” feels too mild.
The article (now online here) contains this passage:

In order for cyberspace to be policed, internet activity will have to be closely monitored. Ed Giorgio, who is working with McConnell on the plan, said that would mean giving the government the authority to examine the content of any e-mail, file transfer or Web search. “Google has records that could help in a cyber-investigation,” he said. Giorgio warned me, “We have a saying in this business: ‘Privacy and security are a zero-sum game.'”

I’m sure they have that saying in their business. And it’s precisely why, when people in their business are in charge of government, it becomes a police state. If privacy and security really were a zero-sum game, we would have seen mass immigration into the former East Germany and modern-day China. While it’s true that police states like those have less street crime, no one argues that their citizens are fundamentally more secure.

Repress U

MICHAEL GOULD-WARTOFSKY:

Free-speech zones. Taser guns. Hidden cameras. Data mining. A new security curriculum. Private security contractors. Welcome to the homeland security campus.
From Harvard to UCLA, the ivory tower is fast becoming the latest watchtower in Fortress America. The terror warriors, having turned their attention to “violent radicalization and homegrown terrorism prevention”–as it was recently dubbed in a House of Representatives bill of the same name–have set out to reconquer that traditional hotbed of radicalization, the university.
Building a homeland security campus and bringing the university to heel is a seven-step mission:
1. Target dissidents. As the warfare state has triggered dissent, the campus has attracted increasing scrutiny–with student protesters in the cross hairs. The government’s number-one target? Peace and justice organizations.
From 2003 to 2007 an unknown number of them made it into the Pentagon’s Threat and Local Observation Notice system (TALON), a secretive domestic spying program ostensibly designed to track direct “potential terrorist threats” to the Defense Department itself. In 2006 the ACLU uncovered, via Freedom of Information Act requests, at least 186 specific TALON reports on “anti-military protests” in the United States–some listed as “credible threats”–from student groups at the University of California, Santa Cruz; State University of New York, Albany; Georgia State University; and New Mexico State University, among other campuses.
At more than a dozen universities and colleges, police officers now double as full-time FBI agents, and according to the Campus Law Enforcement Journal, they serve on many of the nation’s 100 Joint Terrorism Task Forces. These dual-purpose officer-agents have knocked on student activists’ doors from North Carolina State to the University of Colorado and, in one case, interrogated an Iraqi-born professor at the University of Massachusetts about his antiwar views.

Montana Governor Foments REAL ID Rebellion

Ryan Singel:

Montana governor Brian Schweitzer (D) declared independence Friday from federal identification rules and called on governors of 17 other states to join him in forcing a showdown with the federal government which says it will not accept the driver’s licenses of rebel states’ citizens starting May 11.
If that showdown comes to pass, a resident of a non-complying state could not use a driver’s license to enter a federal courthouse or a Social Security Administration building nor could he board a plane without undergoing a pat-down search, possibly creating massive backlogs at the nation’s airports and almost certainly leading to a flurry of federal lawsuits.
States have until May 11 to request extensions to the Real ID rules that were released last Friday. They requires states to make all current identification holders under the age of 50 to apply again with certified birth and marriage certificates. The rules also standardize license formats, require states to interlink their DMV databases and require DMV employee to undergo background checks.
Extensions push back the 2008 deadline for compliance as far as out 2014 if states apply and promise to start work on making the necessary changes, which will cost cash-strapped states billions with only a pittance in federal funding to offset the costs.

Both of our Senators: Russ Feingold and Herb Kohl supported REAL ID.

GPS Liability?

Adena Schutzberg:

In early January accident, a California computer technician turned his rental car onto some train tracks in New York per the directions of his sat nav system. The car became stuck and he had to abandon it before an oncoming train hit it. There were no injuries, but there were significant delays in travel. “The rental car driver was issued a summons and is being held liable for the damage to the train and track.”
That leads a real live lawyer, Eric J. Sinrod, writing at c|net to examine the potential of a driver to point to the GPS manufacturer as being at fault. The article points out:

The Airport Security Follies

Patrick Smith:

Six years after the terrorist attacks of 2001, airport security remains a theater of the absurd. The changes put in place following the September 11th catastrophe have been drastic, and largely of two kinds: those practical and effective, and those irrational, wasteful and pointless.
The first variety have taken place almost entirely behind the scenes. Explosives scanning for checked luggage, for instance, was long overdue and is perhaps the most welcome addition. Unfortunately, at concourse checkpoints all across America, the madness of passenger screening continues in plain view. It began with pat-downs and the senseless confiscation of pointy objects. Then came the mandatory shoe removal, followed in the summer of 2006 by the prohibition of liquids and gels. We can only imagine what is next.
To understand what makes these measures so absurd, we first need to revisit the morning of September 11th, and grasp exactly what it was the 19 hijackers so easily took advantage of. Conventional wisdom says the terrorists exploited a weakness in airport security by smuggling aboard box-cutters. What they actually exploited was a weakness in our mindset — a set of presumptions based on the decades-long track record of hijackings.
In years past, a takeover meant hostage negotiations and standoffs; crews were trained in the concept of “passive resistance.” All of that changed forever the instant American Airlines Flight 11 collided with the north tower. What weapons the 19 men possessed mattered little; the success of their plan relied fundamentally on the element of surprise. And in this respect, their scheme was all but guaranteed not to fail.

The Search Party: Google Squares off with its Capitol Hill Critics

Ken Auletta:

In June, 2006, Sergey Brin, one of the co-founders of Google, went to Washington, D.C., hoping to create a little good will. Google was something of a Washington oddity then. Although it was a multibillion-dollar company, with enormous power, it had no political-action committee, and its Washington office had opened, in 2005, with a staff of one, in suburban Maryland. The visit, which was reported in the Washington Post, was hurried, and, in what was regarded by some as a snub, Brin failed to see some key people, including Senator Ted Stevens, of Alaska, who was then the chairman of the Commerce Committee and someone whose idea of the Internet appeared to belong to the analog era. (He once said that a staff member had sent him “an Internet.”) Brin told me recently, “Because it was the last minute, we didn’t schedule everything we wanted to.” It probably didn’t help that his outfit that day included a dark T-shirt, jeans, and silver mesh sneakers.
Brin did meet with Senators John McCain and Barack Obama, and they spoke about “network neutrality”—an effort that Google and other companies are making to insure that the telephone and cable companies that provide high-speed access to the Internet don’t favor one Web site over another. Around the time of Brin’s visit, an organization called Hands Off the Internet, financed in part by telecommunications companies, ran full-page newspaper advertisements in which it accused Google of wanting to create a monopoly and block “new innovation”; one ad featured a grim photograph of a Google facility housing a sinister-looking “massive server farm.” Brin recognized it as a warning. “I certainly realized that we had to think about these things, and that people were going to misrepresent us,” he said. “We should be entitled to our representation in government.”

Fascinating to see Herb Kohl mentioned here. He’s not been active on many issues so it is surprising to see him pick Google (perhaps there’s something on the other side?)