Policy Laundering and Policy Laundering and PrivacyPrivacy

A Special Warning To US Allies

BE AFRAID!

BE VERY AFRAID!

Carnegie Mellon University

March 23 2005

Barry Steinhardt

ACLU Now Facing New ACLU Now Facing New Challenges On A Global ScaleChallenges On A Global Scale

•Globalization of Security and Globalization of Security and SurveillanceSurveillance

•““Policy Laundering”Policy Laundering”

““Policy Policy Laundering”Laundering”

Cycling policies through Cycling policies through international bodies that international bodies that

can’t be enacted directly at can’t be enacted directly at homehome

1st Signpost1st Signpost: The Creation of a : The Creation of a Global Global IdentificationIdentification System System

• National ID systems National ID systems

• The “globally interoperable The “globally interoperable biometric passport” biometric passport”

Biometric Biometric PassportsPassports

• Required by US Required by US CongressCongress

• US launders US launders standards standards through ICAOthrough ICAO

Biometric Biometric PassportsPassports

• Face-Recognition set Face-Recognition set as the standardas the standard

• RFID chips included tooRFID chips included too• Standards allow for Standards allow for

optional use of other optional use of other biometricsbiometrics

RFID ChipsRFID Chips

• Can be read at a distance (20m in Can be read at a distance (20m in tests)tests)– see see http://tinyurl.com/46vmlhttp://tinyurl.com/46vml

• No encryptionNo encryption

• Could enable trackingCould enable tracking

Expansion is Expansion is inevitableinevitable

• Be used for more and more purposesBe used for more and more purposes

• Contain ever-more informationContain ever-more information

• Incorporate more biometrics, such as Incorporate more biometrics, such as fingerprints and iris scansfingerprints and iris scans

Once created, passports are likely to:

National Driver’s National Driver’s License/National ID CardLicense/National ID Card

• Part of 9/11 Intel Part of 9/11 Intel ReformReform

• Standardizes Driver’s Standardizes Driver’s LicensesLicenses

• Distributed database Distributed database functionally functionally equivalent to equivalent to National IDNational ID

Policy Laundering Works:Policy Laundering Works: NGOs Ignored!NGOs Ignored!

22ndnd Signpost Signpost: Creation of : Creation of an Infrastructure for the an Infrastructure for the Global Surveillance of Global Surveillance of MovementMovement• Checkpoints and databases to track Checkpoints and databases to track

movements using their ID cardsmovements using their ID cards

• Direct Direct government government access to access to airlines’ airlines’ passenger passenger name records name records (PNR). (PNR).

Passenger ScreeningPassenger Screening

February 2002:February 2002:

CAPPS II (version 1.0)CAPPS II (version 1.0)Data mining, wide sharing, the worksData mining, wide sharing, the works

August 2003

CAPPS II (version 2.0)Commercial data, Red light/Green light

August 2004

“Secure Flight” (CAPPS version 3.0):

Watch lists, commercial data

Passenger Passenger Screening Foisted Screening Foisted On Our AlliesOn Our Allies

• Must be international to workMust be international to work

• EU-US agreement reached over EU-US agreement reached over parliamentary objectionparliamentary objection

• International agreements reached International agreements reached while domestic program still while domestic program still embattledembattled

3rd Signpost3rd Signpost: : Infrastructure for Infrastructure for Surveillance of Electronic Surveillance of Electronic Communications and Communications and Financial TransactionsFinancial Transactions

• Expanded authorities for eavesdropping. Expanded authorities for eavesdropping.

• Expansion of ECHELON. Expansion of ECHELON.

• Expanded private-sector requirements. Expanded private-sector requirements. o CALEACALEA

o Data RetentionData Retention

• Tracking and reporting of financial Tracking and reporting of financial transactionstransactions

4th4th Signpost: The Signpost: The Convergence of Databases Convergence of Databases

• US-VISIT system (tied to 20 US-VISIT system (tied to 20 other government databases)other government databases)

• Giant corporate data-brokersGiant corporate data-brokers

Total Information BlackoutTotal Information Blackout

TIA --Gone – But Not TIA --Gone – But Not ForgottenForgotten

5th Signpost: The 5th Signpost: The Surveillance-Industrial Surveillance-Industrial ComplexComplex

•   More tracking by private companiesMore tracking by private companies• Government hooking into private effortsGovernment hooking into private efforts

– Growing government powers to demand Growing government powers to demand access access

– many businesses voluntarily surrendering many businesses voluntarily surrendering databases databases

– a surging industry of data companies is a surging industry of data companies is creating new information products to sell to creating new information products to sell to the U.S. government. the U.S. government.

The Surveillance- Industrial The Surveillance- Industrial Complex: Complex:

The Surveillance- Industrial The Surveillance- Industrial Complex: Complex:

6th Signpost: Rendition, 6th Signpost: Rendition, Torture, DeathTorture, Death

• TortureTorture• Indefinite detentionIndefinite detention• A frightening context for rising surveillance A frightening context for rising surveillance • A shocking loss of moral compass in the A shocking loss of moral compass in the

“war on terror” “war on terror” • A significant number of victims mistakenly A significant number of victims mistakenly

arrested or otherwise innocent.arrested or otherwise innocent.• Maher Arar case: US intercepts and renders Maher Arar case: US intercepts and renders

Canadian to torture in Syria.Canadian to torture in Syria.

The ACLU must fight in The ACLU must fight in global arenaglobal arena

““GOING GLOBAL”:GOING GLOBAL”:

• Political activismPolitical activism

• MediaMedia

• CrimeCrime

• Law Enforcement and securityLaw Enforcement and security

1. Building international 1. Building international coalitions. coalitions.

• Encouraging advocates in Europe, Encouraging advocates in Europe, Asia, Africa, and Latin America to Asia, Africa, and Latin America to become involved in this critical issue.become involved in this critical issue.

• Foreign publics often unaware of Foreign publics often unaware of security agreements – and domestic security agreements – and domestic ministers too! ministers too!

• Staff has already been hired in LondonStaff has already been hired in London

2. Increasing our capacity 2. Increasing our capacity to monitor and influence to monitor and influence international processesinternational processes

• ICAO – we don’t want a repeat ICAO – we don’t want a repeat

• Create action information Create action information centercenter

• Launch FOIA-type requests Launch FOIA-type requests around the worldaround the world

3. Working closely with 3. Working closely with our colleagues on the our colleagues on the groundground

• NGOsNGOs

• Privacy CommissionersPrivacy Commissioners

4. Pushing to open up 4. Pushing to open up multinational decision-multinational decision-making bodiesmaking bodies

• Force international standards & policy Force international standards & policy groups to follow widely accepted groups to follow widely accepted principles of openness and public principles of openness and public oversightoversight

• Craft model proposals for open Craft model proposals for open operationsoperations

• Advocate for passage of these Advocate for passage of these proposalsproposals

ACLU has successfully ACLU has successfully adapted and led time and adapted and led time and again. . . again. . .

• Civil rightsCivil rights• Women’s rightsWomen’s rights• Gay rightsGay rights• Advent of television and mass Advent of television and mass

mediamedia• Explosion of a new online world Explosion of a new online world

With Your Help—We Can With Your Help—We Can Again!Again!