Poindexter's Recent Op-Ed Reflects Inconsistencies in Statements regarding
Total Information Awareness (TIA)
In his September 10 Op-Ed in the New York Times John Poindexter, former
director of the Information Awareness Office at the Defense Advanced Research
Projects Agency (DARPA), stated, “[f]rom the beginning [DARPA has] been
forthcoming about [Total Information Awareness] program’s aims.”[1] While that statement might be true,
those aims have changed significantly.
As to the Creation of Databases Under TIA:
Department’s New Claim:
- In a recent report to Congress, the Department of Defense stated:
“[T]he TIA Program is not attempting to create or access a centralized database
that will store information gathered from various publicly or privately held
databases.”[2]
Department’s Old Claim:
- In November 2002, the Toronto Star quoted John Poindexter as saying,
“‘The relevant information extracted from this data must be made available
in large-scale repositories with enhanced semantic content for easy analysis
to accomplish this task.’”[3]
- At a DoD Press Conference with, among others, Joint Staff and Under
Secretary of Defense for Acquisition, Logistics, and Technology Edward C.
"Pete" Aldridge, Aldridge stated, “The purpose of TIA would be to determine
the feasibility of searching vast quantities of data to determine links and
patterns indicative of terrorist activities.”[4]
- The following is taken from the Q&A at that conference:
Q: Can you run over the transactions again? It sounds like every
time I would enter or a citizen would enter a credit card, any banking transaction,
any medical [information]-- I go see my doctor, any prescription, all of
those things become part of this database -- right? -- hypothetically?
Aldridge: Hypothetically they would, although the data that would go along
with personal information such as bank accounts, that would all be protected
in the Privacy Act just as it is today. Individuals would not be associated
with that.
Q: So you need rapid language translation because you are trying to tap
into databases of other nations, if they will allow that? Is that --
Aldridge: Or -- yes. Exactly.
As to TIA's Data Sources:
Department’s New Claim:
- According to Poindexter’s recent Op-Ed in the New York Times: “There
is no use of credit-card, banking or other data on United States citizens.”[5]
- The DoD stated in a recent report to Congress that the source data
supporting TIA will only come from “data and information that is either (a)
foreign intelligence and counter intelligence information legally obtained
and usable by the Federal Government under existing law, or (b) wholly synthetic
(artificial) data that has been generated, for research purposes only, to
resemble and model real-world patterns of behavior.”[6]
Department’s Old Claim:
- In November 2002, the Toronto Star quoted Poindexter as saying:
“The transactional data will supplement our more conventional intelligence
collection.”[7]
- According to Aldridge, also in November: One element of TIA
is to “discover[ ] . . . connections between transactions -- such as passports;
visas; work permits; driver's license; credit card; airline tickets; rental
cars; gun purchases; chemical purchases -- and events -- such as arrest or
suspicious activities and so forth. So again, it try to discover the connections
between these things called transactions.”[8]
As to Citizen Surveillance:
Department’s New Claim:
- According to Poindexter’s recent Op-Ed in the New York Times: “[I]t
is a myth that the Information Awareness Office intends to develop some kind
of system to spy on Americans. The terrorism information program is
not and never has been intended for use in surveillance against Americans.”[9]
- This year, the DoD stated in a report to Congress: “TIA has never
collected, and has no plan or intent to collect privately held consumer
data on U.S. citizens. It is a research program designed to catch terrorists
before they strike.”[10]
Department’s Old Claim:
- In November 2002, the Pittsburg Post-Gazette reported that “Poindexer
declined to be interviewed, but at two defense technology conferences in
recent month he has outlined how the system would sift through a variety of
commercial and government databases in the United States and abroad to identify
terrorist plans.”[11]
- That same month, the New York Times reported a Pentagon spokeswoman
as saying: “As part of our developments process, we hope to coordinate with
a variety of organization, to include the law enforcement community.”[12]
- The following is taken from the DoD Press Conference, mentioned
above:
Q: How is this not domestic spying? I don't understand this.
You have these vast databases that you're looking for patterns in. Ordinary
Americans, who aren't of Middle East origin, are just typical, ordinary Americans,
their transactions are going to be perused.
Aldridge: Okay, first of all --
Q: And do you require search warrants? I mean, how does this work?
Aldridge: First of all, we are developing the technology of a system that
could be used by the law enforcement officials, if they choose to do so.
It is a technology that we're developing. We are not using this for this purpose.
It is technology. Once that technology is transported over to the law
enforcement agency, they will use the same process they do today; they protect
the individual's identity. We'll have to operate under the same legal conditions
as we do today that protects individuals' privacy when this is operated by
the law enforcement agency.
As to the Necessity of a Search Warrant:
Department’s New Claim:
- It can be inferred that because the DoD claims no data will be collected
on citizens, search warrants are not an issue.
Department’s Old Claim:
- In November 2002, the New York Times reported:
As the director of the effort, Vice Adm. John M. Poindexter,
has described the system in Pentagon documents and in speeches, it will provide
intelligence analysts and law enforcement officials with instant access
to information from Internet mail and calling records to credit card and
banking transactions and travel documents, without a search warrant.[13]
- Yet, in contrast, a few days later, Aldridge responded at a DoD
Press Conference, mentioned above:
Q: So they would need a search warrant, then?
Aldridge: They would have to go through whatever legal proceedings they
would go through today to protect the individuals' rights, yes.
- In that same press conference, Aldridge also stated:
In order to preserve the sanctity of individual privacy, we're
designing this system to ensure complete anonymity of uninvolved citizens,
thus focusing the efforts of law enforcement officials on terrorist investigations.
The information gathered would then be subject to the same legal projections
(sic) currently in place for the other law enforcement activities.
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[1] John M. Poindexter, “Finding
the Face of Terror in Data,” New York Times, Sept. 10, 2003, available
at http://www.nytimes.com/2003/09/10/opinion/10POIN.html.
[2] Department of Defense, “Terrorism
Information Awareness Program (formerly “Total Information Awareness Program”)
Guide to the Report to Congress,” available at http://www.darpa.mil/body/tia/terrorism_info_aware.htm.
[3] Deborah Zabarenko, Reuters News
Agency, “U.S. Data Bank Raises Privacy Fears,” Toronto Star, Nov. 27, 2002.
[4] Question and Answer Response by
Joint Staff and Under Secretary of Defense for Acquisition, Logistics, and
Technology Edward C. "Pete" Aldridge at DoD Press Conference, “DoD News
Briefing—ASD(PA) Clark and Adm. Gove,” Nov. 20, 2002, available at http://www.defenselink.mil/news/Nov2002/t11202002_t1120asd.html.
[5] Poindexter, surpa.
[6] DoD’s Guide to the Report to Congress,
supra
[7] Zabarenko, supra.
[8] DoD Press Conference, supra.
[9] Poindexter, supra.
[10] News Release, Department of Defense, “Total
Information Awareness (TIA) Update,” Feb. 7, 2003, available athttp://www.defenselink.mil/news/Feb2003/b02072003_bt060-03.html.
[11] Jim Puzzanghera, Mercury News, “Pentagon
Defends Trolling for Data,” Pittsburg Post-Gazette, Nov. 21, 2002.
See also Robert O’Harrow Jr., “U.S. Hopes to Check Computers Globally; System
Would be Used to Hunt Terrorists, Washington Post, Nov. 12, 2002.
[12] John Markoff, “Threats and Responses:
Intelligence; Pentagon Plans a Computer System That Would Peek at Personal
Data of Americans,” New York Times, Nov. 9, 2002.
[13] Id.