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http://www.sunspot.net/news/nationworld/bal-spy1503,0,4325331.story?coll=bal-home-
headlines

Broader U.S. spy initiative debated

Poindexter leads project to assess electronic data, detect possible terrorists; Civil 
liberties
concerns raised

By Susan Baer
Sun National Staff

January 5, 2003

WASHINGTON -- Even its name, some say, is ominous and Orwellian, conjuring up visions
of Big Brother tracking your video rentals, prescriptions or e-mail: "Total Information
Awareness."

To privacy advocates and civil libertarians, this government supercomputer project is 
nothing
less than domestic spying, the chilling first step toward a surveillance society. The 
man
leading it, former Iran-contra figure John M. Poindexter, only adds to what critics 
call the
"spook factor."

But to security specialists, the drive to develop a network of public and private 
databases
could be crucial to identifying terrorists before they strike and to preventing 
another Sept. 11.

Total Information Awareness, which officials say is in the experimental phase and 
years from
being used, is a project of the Defense Advanced Research Projects Agency (DARPA), the
Pentagon's research arm. Since the Soviet Union launched Sputnik in 1957, DARPA has
developed technologies for the military. It led the way in the creation of the 
Internet.

The goal of the Total Information Awareness program is a global computer surveillance
system that could sift through mountains of personal information in databases -- 
credit card
purchases, telephone calls and e- mails, medical prescriptions, passports, driver's 
licenses,
school records, magazine subscriptions, gun purchases -- to look for suspicious 
patterns
and ultimately identify potential terrorists.

Poindexter, a national security adviser to President Ronald Reagan whose felony 
convictions
in the Iran- contra scandal were overturned on appeal, says such a system could help 
track
terrorists who can now move freely without detection.

"Total Information Awareness -- a prototype system -- is our answer," said Poindexter, 
a
retired Navy rear admiral, during a speech last summer.

"One of the significant new data sources that needs to be mined to discover and track
terrorists is the 'transaction space,'" he said. "If terrorist organizations are going 
to plan and
execute attacks against the United States, their people must engage in transactions, 
and
they will leave signatures in this information space."

Privacy advocates say that giving the government access to such data could subject
innocent citizens to scrutiny and that, in the wrong hands, the information could be 
used to
intimidate political foes -- much as J. Edgar Hoover's FBI exploited the gathering of
intelligence to harass critics of the Nixon administration.

The program "is the mother of all privacy invasions," complains Jay Stanley of the 
American
Civil Liberties Union. "It would amount to a picture of your life so complete it's 
equivalent to
somebody following you around all day with a video camera."

But many security specialists say such technology is worth considering and point out 
that it
would have to stand up to legal challenges.

"In this environment, we have to engage in very aggressive, exhaustive research and
development efforts," says Phil Anderson, an international security senior fellow at 
the
Center for Strategic and International Studies. "If they're inappropriate, then they 
never make
it through the legal system. Reason -- and our great Constitution -- prevails."

Poindexter's role

Poindexter, who has worked as a DARPA contractor for several years, approached the
Pentagon with the idea after the Sept. 11 attacks and discussed it over lunch with 
Defense
Secretary Donald H. Rumsfeld.

Early last year, Poindexter was made head of DARPA's Information Awareness Office, 
which
is also working on technologies to identify people at great distances through facial 
features
and gait. The TIA program's budget was set at $137 million for this fiscal year.

After recent criticism, Poindexter and the office have kept a low profile. A DARPA
spokeswoman said that neither Poindexter nor any other agency official was available to
discuss the project.

Even the Web site for the Information Awareness Office has been toned down. Until
recently, the site featured as its emblem an all-knowing eye atop a pyramid -- with 
its sights
set on the entire globe -- and a Latin motto meaning "knowledge is power." A redesigned
Web site now has no such logo or slogan.

Differing policies

Specialists in technology policy tend to support Poindexter's basic theory that 
linking and
comparing databases could yield valuable information.

For example, a report by the Markle Foundation, a private philanthropic group that 
focuses
on information technology, showed how the Sept. 11 hijackers could have been identified
before the attacks if the names of all airline passengers had been run through the
government's "watch list" of suspected terrorists and then checked against phone 
numbers,
addresses, frequent-flier numbers, lists of expired visas, and attendance rolls from 
flight
schools.

But the report cautioned: "Though there are areas where more data may need to be
collected, the immediate challenge is to make more effective use of the information 
already
in government hands or publicly available."

Privacy advocates have generally been fighting uphill battles since Sept. 11. Many of 
them
objected, for example, to portions of the USA Patriot Act, a bill that enhanced law
enforcement's surveillance powers and passed both houses of Congress overwhelmingly.

But in the TIA program, such activists appear to have found a cause that has not just
emboldened their troops but also rallied former adversaries to their side. 
Conservatives such
as departing House Republican leader Dick Armey and former Rep. Bob Barr, a Georgia
Republican, have signed on as consultants with the liberal-leaning ACLU.

Congressional concerns

On Capitol Hill, too, criticism -- or at least skepticism -- is coming from both sides 
of the
aisle, as are calls for studying the project soon after Congress convenes this week.

Sen. Carl Levin of Michigan, senior Democrat on the Armed Services Committee, asked
Rumsfeld to review the program, suggesting that it would "not only raise serious 
privacy
concerns [but] might also be illegal and possibly unconstitutional."

Sen. Charles E. Grassley, an Iowa Republican who will lead the Senate Finance 
Committee,
said he was "at a loss to understand why Defense Department resources are being spent 
on
research for domestic law enforcement." He expressed concern that the Justice 
Department
was not consulted about the program and questioned Poindexter's involvement.

Members of the Appropriations Committee have said they will seek to cut off new money 
for
the project until Congress gets a chance to consider it.

Such critics -- including Fortune magazine, which dubbed the program the "Worst
Technology of 2002," and The New York Times editorial board, which said the program
should be closed pending an investigation -- oppose the dragnet approach to hunting
terrorists.

"This type of profiling has been the goal of direct marketing for years," according to 
Chris
Hoofnagle, legislative counsel for the Electronic Privacy Information Center.

"If you get a 2 to 3 percent response from direct mail, that's considered a victory. 
That's how
inaccurate the system is. With junk mail, you can just throw it away; we're talking 
about
people's civil liberties being invaded here."

Defending the program

At a Pentagon news conference late last year, Edward C. "Pete" Aldridge Jr., 
undersecretary
of defense for acquisition, technology and logistics, defended the program. He said it 
would
safeguard the anonymity of innocent citizens and focus solely on transactions 
considered
possible indicators of terrorism.

With the program still in an experimental stage, Aldridge said, only test data 
fabricated to
look like real events and transactions were being used. If the technology proves 
successful,
he said, it would then be turned over to law enforcement officials, intelligence 
agencies and
the Homeland Security Department. At that point, the technology would be subject to the
same legal safeguards -- such as search warrants -- that protect citizens' privacy 
today.

He said it would be up to the Homeland Security Department to determine whether the new
technology would require legislation, such as amendments to the Privacy Act of 1974. 
That
law bars federal agencies from sharing personal information or creating dossiers on
Americans without their permission.

Poindexter as catalyst

And Aldridge pointed out that Poindexter, whose role in the Iran-contra affair leaves 
some
civil libertarians and lawmakers uneasy, would be involved only in developing the 
program,
not in "exercising" it.

"Once the tool is developed, John will not be involved," Aldridge said. "But it's his
enthusiasm and his volunteering of this idea which is why we developed and started to 
fund
it."

Some of the program's advocates concede that Poindexter has been the catalyst for the
barrage of condemnation that has landed at DARPA's door.

"I don't think it would ever be an issue were John Poindexter not involved with it," 
says
Anderson of CSIS.

Indeed, Poindexter has made an easy target for critics, such as Sen. Charles E. 
Schumer, a
New York Democrat, who has asked Rumsfeld to fire him.

Poindexter was the highest- ranking official found guilty in the Iran-contra scandal, 
a covert
scheme in the mid-1980s in which money from arms sales to Iran was illegally diverted 
to
the Nicaraguan rebels.

He was convicted in 1990 of five felony counts of lying to Congress, destroying 
official
documents and obstructing congressional inquiries. Poindexter's convictions were later
overturned by a federal appeals court. That court ruled that testimony he had given to
Congress under a grant of immunity had been improperly used against him at trial.

Asked about Poindexter's return to government, White House spokesman Ari Fleischer said
only, "The president thinks that Admiral Poindexter has served our nation very well."

The Pentagon stresses Poindexter's distance from any future application of the 
program. But
Poindexter, who has a doctorate in physics, has spoken with the Transportation Security
Administration about helping to develop its new passenger profiling system. A new
generation of the industry's Computer Assisted Passenger Prescreening System, CAPPS II,
would check the name of every passenger against computer databases for clues to
suspicious intentions.

"TIA is this big, scary, Orwellian thing," says Lee Tien of the Electronic Frontier 
Foundation,
which defends civil liberties in the digital age. "CAPPS II is almost like a pilot 
program."

Copyright © 2003, The Baltimore Sun
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