Policy Laundering and Privacy

A Special Warning To US Allies BE AFRAID! BE VERY AFRAID! Carnegie Mellon University March Barry Steinhardt

ACLU Now Facing New Challenges On A Global Scale Globalization of Security and Surveillance Globalization of Security and Surveillance “Policy Laundering” “Policy Laundering”

“Policy Laundering” Cycling policies through international bodies that can’t be enacted directly at home Cycling policies through international bodies that can’t be enacted directly at home

1st Signpost: The Creation of a Global Identification System National ID systems National ID systems The “globally interoperable biometric passport” The “globally interoperable biometric passport”

Biometric Passports Required by US Congress Required by US Congress US launders standards through ICAO US launders standards through ICAO

Biometric Passports Face-Recognition set as the standard Face-Recognition set as the standard RFID chips included too RFID chips included too Standards allow for optional use of other biometrics Standards allow for optional use of other biometrics

RFID Chips Can be read at a distance (20m in tests) Can be read at a distance (20m in tests) –see No encryption No encryption Could enable tracking Could enable tracking

Expansion is inevitable Be used for more and more purposes Be used for more and more purposes Contain ever-more information Contain ever-more information Incorporate more biometrics, such as fingerprints and iris scans Incorporate more biometrics, such as fingerprints and iris scans Once created, passports are likely to:

Passports won’t exist in a vacuum National Identity systems National Identity systems Immigration database systems Immigration database systems Passenger profiling systems Passenger profiling systems

National Driver’s License/National ID Card Part of 9/11 Intel Reform Part of 9/11 Intel Reform Standardizes Driver’s Licenses Standardizes Driver’s Licenses Distributed database functionally equivalent to National ID Distributed database functionally equivalent to National ID

NGO input could have improved the product No RFID No RFID Local storage Local storage 1-1 checks 1-1 checks biometric systems related to physical characteristics which do not leave traces (e.g. shape of the hand but not fingerprints) biometric systems related to physical characteristics which do not leave traces (e.g. shape of the hand but not fingerprints)

Policy Laundering Works: NGOs Ignored!

2 nd Signpost: Creation of an Infrastructure for the Global Surveillance of Movement Checkpoints and databases to track movements using their ID cards Checkpoints and databases to track movements using their ID cards Direct government access to airlines’ passenger name records (PNR). Direct government access to airlines’ passenger name records (PNR).

Passenger Screening February 2002: CAPPS II (version 1.0) Data 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

Secure Flight Compared to CAPPS II Program Elements CAPPS II Secure Flight Provides no protection against terrorists with Fake IDs √√ Provides no meaningful way for individuals to challenge their security designation √√ Centers around reliance on secret, inaccurate government terrorist watch lists √ Checks personal information against private databases √√ Requires collection of personal information from travelers making reservations √√ Expands program beyond terrorists √* Uses computer algorithms to rate individuals’ “threat to aviation” √*

Passenger Screening Foisted On Our Allies Must be international to work Must be international to work EU-US agreement reached over parliamentary objection EU-US agreement reached over parliamentary objection International agreements reached while domestic program still embattled International agreements reached while domestic program still embattled

3rd Signpost: Infrastructure for Surveillance of Electronic Communications and Financial Transactions Expanded authorities for eavesdropping. Expanded authorities for eavesdropping. Expansion of ECHELON. Expansion of ECHELON. Expanded private-sector requirements. Expanded private-sector requirements. o CALEA o Data Retention Tracking and reporting of financial transactions Tracking and reporting of financial transactions

4th Signpost: The Convergence of Databases US-VISIT system (tied to 20 other government databases) US-VISIT system (tied to 20 other government databases) Giant corporate data-brokers Giant corporate data-brokers

Total Information Blackout

TIA --Gone – But Not Forgotten

5th Signpost: The Surveillance- Industrial Complex More tracking by private companies More tracking by private companies Government hooking into private efforts Government hooking into private efforts –Growing government powers to demand access –many businesses voluntarily surrendering databases –a surging industry of data companies is creating new information products to sell to the U.S. government.

The Surveillance- Industrial Complex:

6th Signpost: Rendition, Torture, Death Torture Torture Indefinite detention Indefinite detention A frightening context for rising surveillance A frightening context for rising surveillance A shocking loss of moral compass in the “war on terror” A shocking loss of moral compass in the “war on terror” A significant number of victims mistakenly arrested or otherwise innocent. A significant number of victims mistakenly arrested or otherwise innocent. Maher Arar case: US intercepts and renders Canadian to torture in Syria. Maher Arar case: US intercepts and renders Canadian to torture in Syria.

Globalizing security agencies outstripping restraints U.S. security agencies have obtained dramatic expansions in their domestic authority U.S. security agencies have obtained dramatic expansions in their domestic authority –Patriot Act, NSLs, etc. ACLU has been fighting hard against this ACLU has been fighting hard against this But there’s an entirely separate, global front in this battle – one that is in desperate need of a global response. But there’s an entirely separate, global front in this battle – one that is in desperate need of a global response.

The ACLU must fight in global arena “GOING GLOBAL”: Political activism Political activism Media Media Crime Crime Law Enforcement and security Law Enforcement and security

Law Enforcement going global, but oversight hasn’t kept pace Reporters Reporters Legislative oversight Legislative oversight NGOs NGOs

ACLU is already advancing aggressively toward these goals Organizing The International Campaign Against Mass Surveillance (ICAMS) – March 2005 Organizing The International Campaign Against Mass Surveillance (ICAMS) – March 2005 Policy Laundering Project --In Partnership Privacy International and Statewatch (April 2005) Policy Laundering Project --In Partnership Privacy International and Statewatch (April 2005)

ACLU concentrating on 4 primary goals: 1. Build international coalitions 1. Build international coalitions 2. Increase capacity to monitor IGOs 2. Increase capacity to monitor IGOs 3. Work closely with our colleagues on the ground 3. Work closely with our colleagues on the ground 4. Push to open up IGO policy-making 4. Push to open up IGO policy-making

1. Building international coalitions. Encouraging advocates in Europe, Asia, Africa, and Latin America to become involved in this critical issue. Encouraging advocates in Europe, Asia, Africa, and Latin America to become involved in this critical issue. Foreign publics often unaware of security agreements – and domestic ministers too! Foreign publics often unaware of security agreements – and domestic ministers too! Staff has already been hired in London Staff has already been hired in London

2. Increasing our capacity to monitor and influence international processes ICAO – we don’t want a repeat ICAO – we don’t want a repeat Create action information center Create action information center Launch FOIA-type requests around the world Launch FOIA-type requests around the world

3. Working closely with our colleagues on the ground NGOs NGOs Privacy Commissioners Privacy Commissioners

4. Pushing to open up multinational decision- making bodies Force international standards & policy groups to follow widely accepted principles of openness and public oversight Force international standards & policy groups to follow widely accepted principles of openness and public oversight Craft model proposals for open operations Craft model proposals for open operations Advocate for passage of these proposals Advocate for passage of these proposals

ACLU has successfully adapted and led time and again... Civil rights Civil rights Women’s rights Women’s rights Gay rights Gay rights Advent of television and mass media Advent of television and mass media Explosion of a new online world Explosion of a new online world

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