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U.S. Terror Attack — 'Ninety Days at Most' Do you believe another terrorist attack is likely on American soil?

Sunday, July 22, 2007

They're Watching


If you read this piece we'll have to kill you.

If you've traveled abroad recently, you've been investigated. You've been assigned a score indicating what kind of terrorist threat you pose. That score is used by the government to determine the treatment you receive when you return to the U.S. and for other purposes as well.

Curious about your score? You can't see it. Interested in what information was used? You can't know that. Want to clear your name if you've been wrongly categorized? You can't challenge it. Want to know what kind of rules the computer is using to judge you? That's secret, too. So is when and how the score will be used.

U.S. customs agencies have been quietly operating this system for several years. Called Automated Targeting System, it assigns a "risk assessment" score to people entering or leaving the country, or engaging in import or export activity. This score, and the information used to derive it, can be shared with federal, state, local and even foreign governments. It can be used if you apply for a government job, grant, license, contract or other benefit. It can be shared with nongovernmental organizations and individuals in the course of an investigation. In some circumstances private contractors can get it, even those outside the country. And it will be saved for 40 years.

Little is known about this program. Its bare outlines were disclosed in the Federal Register in October. We do know that the score is partially based on details of your flight record--where you're from, how you bought your ticket, where you're sitting, any special meal requests--or on motor vehicle records, as well as on information from crime, watch-list and other databases.

Civil liberties groups have called the program Kafkaesque. But I have an even bigger problem with it. It's a waste of money.

The idea of feeding a limited set of characteristics into a computer, which then somehow divines a person's terrorist leanings, is farcical. Uncovering terrorist plots requires intelligence and investigation, not large-scale processing of everyone.

Additionally, any system like this will generate so many false alarms as to be completely unusable. In 2005 Customs & Border Protection processed 431 million people. Assuming an unrealistic model that identifies terrorists (and innocents) with 99.9% accuracy, that's still 431,000 false alarms annually.

The number of false alarms will be much higher than that. The no-fly list is filled with inaccuracies; we've all read about innocent people named David Nelson who can't fly without hours-long harassment. Airline data, too, are riddled with errors.

The odds of this program's being implemented securely, with adequate privacy protections, are not good. Last year I participated in a government working group to assess the security and privacy of a similar program developed by the Transportation Security Administration, called Secure Flight. After five years and $100 million spent, the program still can't achieve the simple task of matching airline passengers against terrorist watch lists.

In 2002 we learned about yet another program, called Total Information Awareness, for which the government would collect information on every American and assign him or her a terrorist risk score. Congress found the idea so abhorrent that it halted funding for the program. Two years ago, and again this year, Secure Flight was also banned by Congress until it could pass a series of tests for accuracy and privacy protection.

In fact, the Automated Targeting System is arguably illegal, as well (a point several congressmen have made recently); all recent Department of Homeland Security appropriations bills specifically prohibit the department from using profiling systems against persons not on a watch list.

There is something un-American about a government program that uses secret criteria to collect dossiers on innocent people and shares that information with various agencies, all without any oversight. It's the sort of thing you'd expect from the former Soviet Union or East Germany or China. And it doesn't make us any safer from terrorism.

Bruce Schneier, Chief Technology Officer of BT Counterpane, which manages security for corporate clients.


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CRITICAL I.R.S. UPDATE

CRITICAL I.R.S. UPDATE

Committee on Oversight and Government Reform

THIS WEEK IN SENATE HISTORY - HISTORY TENDS TO REPEAT ITSELF


August 1, 1876
Image of William Belknap
William Belknap Library of Congress

Sitting as a court of impeachment, the Senate narrowly acquitted Secretary of War William Belknap, the only cabinet officer ever impeached by the House of Representatives. Belknap had served in President Ulysses Grant's cabinet for seven years when charges surfaced that he had accepted bribes tied to the appointment of a military trader in Oklahoma. As the House of Representatives considered these charges, Belknap, in tears, went to the president in March and resigned. Despite his resignation, the House acted unanimously and sent the impeachment to the Senate. The Senate initially agreed that it had jurisdiction over a former government officer, but many who ultimately voted against impeachment believed that Belknap's resignation moved him beyond the Senate's reach.


August 4, 1908
William Allison by Wilbur Aaron Reaser


Iowa Republican William B. Allison died at age 79, ending a 35-year-and-5-month Senate career--the longest to that time. One of the most influential senators of the late 19th and early 20th centuries, Allison chaired the Republican Conference from 1897 to 1908. He was the longest-serving committee chairman in Senate history, chairing the Appropriations Committee for all but two years between 1881 and 1908. He was also a member of the Finance Committee for 30 years. The major legislative issues of Allison's day--tariff reform, currency stabilization, and regulation--all bore his sharp imprint. Along with Nelson Aldrich, John Spooner and Orville Platt, Allison was a member of The Senate Four.


August 5, 1789
George Washington


For the first time, the Senate refused to confirm a presidential appointee. Ignoring the budding concept of "senatorial courtesy," President George Washington nominated Benjamin Fishbourn to the post of Naval Officer for the Port of Savannah without clearing his choice with Georgia's two senators. Favoring another candidate who was a member of their political circle, the senators promptly engineered Fishbourn's rejection. Two days later, the president conveyed his irritation to the Senate. "Permit me to submit to your consideration whether on occasions where the propriety of Nominations appear questionable to you, it would not be expedient to communicate that circumstance to me, and thereby avail yourselves of the information which led me to make them, and which I would with pleasure lay before you."


August 6, 1971
Photo of Vice President Charles Curtis
Vice President Charles Curtis

The Senate and House of Representatives took their first mandatory 30-day summer recess as required by the 1970 Legislative Reorganization Act. Existing law had provided that Congress "shall adjourn sine die not later than July 31 of each year," unless the two houses provided otherwise. But the last time Congress had managed to complete its work at the end of July had been in 1956. On even-numbered years, Congress usually managed to adjourn by early October to accommodate members running for reelection, but in odd-numbered years it had become standard to work until December, with little time for members to plan for and enjoy family summer vacations. Although August recesses since 1971 have been abbreviated during election years, the 1970 act's recess provision has been carried out faithfully during odd-numbered years.

Powers & Procedures

Impeachment
Under the Constitution, the House of Representatives has the power to impeach a government official, in effect serving as prosecutor. The Senate has the sole power to conduct impeachment trials, essentially serving as jury and judge. Since 1789 the Senate has tried seventeen federal officials, including two presidents.

Nominations
The Constitution provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States... (Article 2, Section 2)" The Senate has always jealously guarded its power to review and approve or reject presidential appointees to executive and judicial branch posts.

Treaties
The Constitution gives the Senate the power to approve, by a two-thirds vote, treaties made by the executive branch. The Senate has rejected relatively few of the hundreds of treaties it has considered, although many have died in committee or been withdrawn by the president. The Senate may also amend a treaty or adopt changes to a treaty. The president may also enter into executive agreements with foreign nations that are not subject to Senate approval.

Expulsion and Censure
Article I, Section 5, of the United States Constitution provides that each house of Congress may "...punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." Since 1789, the Senate has expelled only fifteen of its entire membership and has censured nine. A censure is a formal statement of disapproval, but does not remove a senator from office.

Filibuster and Cloture
The Senate has a long history of using the filibuster -- a term dating back to the 1850s in the United States -- to delay debate or block legislation. Unlimited debate remained in place in the Senate until 1917, when the Senate adopted Rule 22 that allowed the Senate to end a debate with a two-thirds majority vote -– a tactic known as "cloture." In 1975, the Senate reduced the number of votes required for cloture from two-thirds (67) to three-fifths (60) of the 100-member Senate.

Senate Investigations
Congress has conducted investigations of malfeasance in the executive branch–and elsewhere in American society–since 1792. The need for congressional investigation remains a critical ingredient for restraining government and educating the public.

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