Protecting Individual Privacy in the Struggle Against Terrorists: a Framework for Assessment
Total Page:16
File Type:pdf, Size:1020Kb
Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html PROTECTING INDIVIDUAL PRIVACY IN THE STRUGGLE AGAINST TERRORISTS A Framework for Program Assessment Committee on Technical and Privacy Dimensions of Information for Terrorism Prevention and Other National Goals Committee on Law and Justice and Committee on National Statistics Division on Behavioral and Social Sciences and Education Computer Science and Telecommunications Board Division on Engineering and Physical Sciences Copyright © National Academy of Sciences. All rights reserved. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W. Washington, DC 20001 NOTICE: The project that is the subject of this report was approved by the Gov- erning Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engi- neering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance. Support for this project was provided by the Bureau of Transportation Statis- tics, with assistance from the National Science Foundation under sponsor award number SES-0112521; the Department of Homeland Security, with assistance from the National Science Foundation under sponsor award number SES-0411897; the National Center for Education Statistics, with assistance from the National Science Foundation under sponsor award number SBR-0453930; and the National Science Foundation under sponsor award numbers SRS-0632055 and IIS-0441216. Addi- tional funding was provided by the Presidents’ Circle Communications Initiative of the National Academies. Library of Congress Cataloging-in-Publication Data Protecting individual privacy in the struggle against terrorists : a framework for program assessment. p. cm. Includes bibliographical references. ISBN 978-0-309-12488-1 (pbk.) — ISBN 978-0-309-12489-8 (pdf) 1. Terrorism— United States—Prevention. 2. Surveillance detection—United States. 3. Privacy, Right of—United States. 4. Technological innovations—Law and legislation— United States. HV6432.P76 2008 363.325’163--dc22 2008033554 This report is available from Committee on Law and Justice or Computer Science and Telecommunications Board National Research Council 500 Fifth Street, N.W. Washington, DC 20001 Additional copies of this report are available from the National Academies Press, 500 Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800) 624-6242 or (202) 334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu. Copyright 2008 by the National Academy of Sciences. All rights reserved. Printed in the United States of America Copyright © National Academy of Sciences. All rights reserved. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal govern- ment on scientific and technical matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its mem- bers, sharing with the National Academy of Sciences the responsibility for advis- ing the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Charles M. Vest is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in pro- viding services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. Charles M. Vest are chair and vice chair, respectively, of the National Research Council. www.national-academies.org Copyright © National Academy of Sciences. All rights reserved. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html Copyright © National Academy of Sciences. All rights reserved. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html COMMITTEE ON TECHNICAL AND PRIVACY DIMENSIONS OF INFORMATION FOR TERRORISM PREVENTION AND OTHER NATIONAL GOALS WILLIAM J. PERRY, Stanford University, Co-chair CHARLES M. VEST, National Academy of Engineering, Co-chair W. EARL BOEBERT, Sandia National Laboratories MICHAEL L. BRODIE, Verizon Communications DUNCAN A. BROWN, Johns Hopkins University FRED H. CATE, Indiana University RUTH A. DAVID, Analytic Services, Inc. RUTH M. DAVIS, Pymatuning Group, Inc. WILLIAM H. DuMOUCHEL, Lincoln Technologies, Inc. CYNTHIA DWORK, Microsoft Research STEPHEN E. FIENBERG, Carnegie Mellon University ROBERT J. HERMANN, Global Technology Partners, LLC R. GIL KERLIKOWSKE, Seattle Police Department ORIN S. KERR, George Washington University Law School ROBERT W. LEVENSON, University of California, Berkeley TOM M. MITCHELL, Carnegie Mellon University TARA O’TOOLE, University of Pittsburgh Medical Center DARYL PREGIBON, Google, Inc. LOUISE RICHARDSON, Harvard University BEN A. SHNEIDERMAN, University of Maryland DANIEL J. WEITZNER, Massachusetts Institute of Technology Staff BETTY M. CHEMERS, Committee on Law and Justice CAROL PETRIE, Committee on Law and Justice JULIE ANNE SCHUCK, Committee on Law and Justice MICHAEL L. COHEN, Committee on National Statistics HERBERT S. LIN, Computer Science and Telecommunications Board JANICE M. SABUDA, Computer Science and Telecommunications Board (through April 2008) Copyright © National Academy of Sciences. All rights reserved. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html COMMITTEE ON LAW AND JUSTICE (DBASSE) JAMES Q. WILSON, University of California, Los Angeles (Emeritus), Chair PHILIP J. COOK, Terry Sanford Institute of Public Policy, Duke University, Vice Chair DAVID H. BAYLEY, University of Albany, State University of New York RICHARD J. BONNIE, University of Virginia Law School MARTHA CRENSHAW, Wesleyan University ROBERT D. CRUTCHFIELD, University of Washington JOHN J. DIIULIO, JR., University of Pennsylvania STEVEN N. DURLAUF, University of Wisconsin, Madison JOHN A. FEREJOHN, Stanford University ARTHUR S. GOLDBERGER, University of Wisconsin, Madison BRUCE HOFFMAN, RAND Corporation ROBERT L. JOHNSON, New Jersey Medical School JOHN H. LAUB, University of Maryland TRACEY L. MEARES, University of Chicago TERRIE E. MOFFITT, University of London MARK H. MOORE, Harvard University RUTH PETERSON, Ohio State University RICHARD ROSENFELD, University of Missouri–St. Louis ROBERT J. SAMPSON, Department of Sociology, Harvard University JEREMY TRAVIS, Jay College of Criminal Justice, New York CHRISTY VISHER, The Urban Institute CAROL PETRIE, Director BETTY CHEMERS, Senior Program Officer LINDA DePUGH, Program Associate i Copyright © National Academy of Sciences. All rights reserved. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment http://www.nap.edu/catalog/12452.html COMMITTEE ON NATIONAL STATISTICS (DBASSE) WILLIAM F. EDDY, Department of Statistics, Carnegie Mellon University, Chair KATHARINE ABRAHAM, University of Maryland ROBERT BELL, AT&T Research Laboratories WILLIAM DuMOUCHEL, Lincoln Technologies, Inc. JOHN HALTIWANGER, University of Maryland V. JOSEPH HOTZ, University of California, Los Angeles KAREN KAFADAR, University of Colorado, Denver, and Health Sciences Center DOUGLAS MASSEY, Princeton University VIJAY NAIR, University of Michigan, Ann Arbor JOSEPH NEWHOUSE, Harvard University SAMUEL H. PRESTON, University of Pennsylvania KENNETH PREWITT, Columbia University LOUISE RYAN, Harvard University NORA CATE SCHAEFFER, University of Wisconsin,