Refuting 'Big Brother' Charge.
By Tom Brune
Washington Bureau

November 21, 2002

Washington -- Seeking to allay concerns of government spying on citizens, a Pentagon official yesterday said technology being developed to identify terrorists by mining millions of private and public records will be subject to privacy and other laws that protect rights.

But the legal and privacy implications of the new, far-reaching technology project -- which the Pentagon calls the Total Information Awareness System -- remain unclear at this point, said Justice Department officials and privacy advocates yesterday.

The existence of the project came to light a week ago, creating a storm of charges that the Pentagon is creating a tool that would in effect spy on citizens, raising the specter of Big Brother and near-destruction of privacy.

Adding to the complaints has been the fact that the project was originated and is run by John Poindexter, who was convicted on five counts of lying to Congress in the Iran-Contra weapons-for-hostages scandal, though the conviction later was overturned.

For the first time yesterday, Edward C. "Pete" Aldridge, a Defense Department undersecretary for acquisition, technology and logistics, officially outlined the project in a news media briefing at the Pentagon, seeking to downplay its threat to liberties.

Aldridge said that the project had a $10-million budget this year but that future funding had not been decided. He said it had three parts: rapid language translation and speech-to-text ability, so that other countries' records could be examined; data-mining of various transactions and records; and collaborative reasoning-and-decision-making tools.

The data-mining section has raised the most concern, since the transaction records of many innocent citizens and individuals would be accessed and analyzed by the system in its search for terrorists.

Already, government agencies have begun mining commercial databases in pursuit of terrorists, especially in attempts to track financial transactions that might be linked to the funding of terrorism abroad, say federal officials and libertarians.

But the Total Information Awareness System would go beyond traditional data-mining and would include commercial, government and possibly private records, said the Defense Department's Information Awareness Office, which oversees the project.

In fact, the project is so ambitious, some advocates and high-tech experts wonder if it will even work, given that there are so many different computer and information systems, and there is still data not online or computerized in a timely way -- or at all.

Among the records that would be collected and combed through, Aldridge said, are passports, visas, work permits, driver's licenses, credit cards, airline tickets, rental cars, gun purchases, chemical purchases, and those detailing events such as arrests or suspicious activities. "You're looking for trends in transactions that are associated with some potential terrorist act," Aldridge said. "And you're trying to put those pieces together."

A terrorist entering the country might get a visa from the State Department; then he might get a driver's license, take flying lessons, buy a lot of chemicals and purchase a gun, Aldridge said.

The experimental prototype now being developed, he said, would not use actual data involving citizens, but would use made-up information.

Aldridge said the Defense Department would not use the technology once it was developed, but would turn it over to intelligence and law enforcement agencies, governed by laws to protect individual privacy.

Law enforcement officials have taken a wait-and-see attitude.

The Justice Department has not gotten any information about the project from the Pentagon and thus cannot comment, spokesman Bryan Sierra said. The FBI had no official comment on the project either. But one FBI official said he wondered how the bureau could gain approval to use the system without first having evidence of criminal activity or suspects.

Privacy groups have other concerns. This week, a letter signed by more than 50 privacy and libertarian groups urged Senate leaders to stop the development of the system because it will have no built-in oversight or accountability.

"There are few if any rules that govern this," said James X. Dempsey of the civil liberties group Center for Democracy and Technology. And the laws that do exist, such as the 1974 Privacy Act, are too technologically out of date to address it, he said.

"One of the issues is that we don't know what data we talk about," he said. "How the government gets it. How to ensure it's accurate. How a person gets off the list if they pop up as a possible terrorist."

Poindexter has said a panel within the Pentagon has been appointed to study how to preserve privacy, and discussions have begun with the National Academy of Sciences for a longer-range study.

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