Homeland Security and Privacy

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: "Peter G. Neumann" <neumann () csl sri com>
Date: Sat, 23 Nov 2002 14:19:05 -0800 (PST)
To: dave () farber net
Subject: Homeland Security and Privacy


Communications Daily, November 25, 2002

Copyright 2002 Warren Publishing, Inc.
Communications Daily
November 25, 2002, Monday

TODAY'S NEWS

HOUSE SENDS SENATE'S AMENDED HOMELAND SECURITY BILL TO BUSH

House unanimously approved Senate's amended version of legislation
(HR-5005) to create Dept. of Homeland Security (DHS), multidivision,
cabinet-level entity that includes Directorate for Information
Analysis & Infrastructure Protection Fri. House, which recently
passed similar version of HR-5005, sent compromise Senate bill (WID
Nov 20 p1) to President for his expected signature.

House Majority Leader Armey (R-Tex.) insisted DHS bill protected
rather than jeopardized privacy, as critics charged. He said Defense
Advanced Research Agency (DARPA) program known as Total Information
Awareness (TIA) in no way was supported by bill: "It does not
authorize, fund or move into the department anything like it. In
fact, this bill provides unique statutory protections that will
ensure the <[DHS]> could never undertake such a program." Armey said
that prohibition was contained in Sec. 892 of bill, which prohibits
information sharing that could undermine statutory and
constitutional protections for U.S. citizens. TIA program has come
under fire for purportedly seeking to develop technology that would
give Dept. of Defense access to combination of govt. and private
sector databases, as well as intercept communications and e-mail
without court authorization. Critics such as Sen. Nelson (D-Fla.)
said Congress must take action to ensure it maintains strict
oversight of such program (CD Nov 18 p8). He raised concerns in
recent debate that although DHS bill didn't explicitly endorse DoD's
TIA initiative, it proposed homeland security technology R&D unit,
thereby implying potential involvement by new department.

Armey said bill's legislative intent "is unmistakable. This
department must protect the civil liberties we all cherish." He
acknowledged that use of data-mining technologies was addressed in
bill, but emphasized that those legislative references "are intended
solely to authorize the use of advanced techniques to sift through
existing intelligence data, not to open a new method of intruding
lawful, everyday transactions of American citizens." He also said
bill would create privacy officer, "first ever established by
statute."

Electronic Privacy Information Center (EPIC) today (Nov. 25) will
hold media briefing to address those issues. Speakers include EPIC
Exec. Dir. Marc Rotenberg, ACLU Legislative Counsel Katie Corrigan,
Cato Institute technology policy Dir. Clyde Crews, Federation of
American Scientists' Project on Govt. Secrecy Dir. Steven Aftergood.
Event is 9:30 a.m., First Amendment Lounge, National Press Club.

Senate Judiciary Crime & Drugs Subcommittee ranking Republican
Grassley (R-Ia.) separately asked DoD Inspector Gen. Joseph Schmitz
Fri. to conduct "complete review" of TIA program. Grassley said he
was "at a loss to understand why DoD resources are being spent on
research for domestic law enforcement." Grassley, who in next
Congress will assume chairmanship of Senate Finance Committee,
reminded Schmitz that in that position he would control oversight of
"certain financial reporting," and requested he be provided with
data on how TIA was "selected to be funded." He also wants DoD to
explain what protections are in place to ensure that civil liberties
aren't violated via TIA. -- Steve Peacock


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