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Report: After a Fight, Fed Terrorism Agency Granted Access to Database on U.S. Citizens

Dec. 13, 2012 10:00pm Liz Klimas

WSJ: Counterterrorism Center Allowed to Tap Citizen Information Database

Former Homeland Security Chief Privacy Officer Mary Ellen Callahan, pictured in 2011, was one of the most vocal opponents to the rule change that would allow the National Counterterrorism Center to obtain non-terrorism related datasets from other agencies and keep them for an extended length of time as it tried to find patters in suspicious activities of innocent Americans. (Photo: AP/Carolyn Kaster)

The federal government’s top counterterror agency received permission to cull through any government database to gather information on innocent Americans for analysis of potentially suspicious behavior in March. But allowing such a rule change, seen by some as an invasion of citizens’ privacy, did not come without an internal battle lasting more than a year, the Wall Street Journal reported.

The changes to guidelines for National Counterterrorism Center was signed by Attorney General Eric Holder earlier this year, allowing the center to obtain and retain information from government datasets for up to five years. NCTC could also permanently retain data it deems “reasonably believed to constitute terrorism information.” All of these actions were not allowed in the previous guidelines for obtaining non-terror information from other agencies.

Through Freedom of Information Act requests and interviews, the Wall Street Journal learned more about why the NCTC wanted access to datasets, which hold everything from financial forms to health records to flights taken to lists of American households with foreign-exchange students. It also learned how some internally were fighting to protect the information of innocent citizens in such datasets.

As the WSJ put it, the internal debate was “a confrontation between some who viewed it as a matter of efficiency—how long to keep data, for instance, or where it should be stored—and others who saw it as granting authority for unprecedented government surveillance of U.S. citizens.”

One of the databases with some of the most personal information is the Advanced Passenger Information System — it has name, gender, birth date and travel information for all people who fly in the U.S. This database owned by the Department of Homeland Security is only supposed to maintain information for a year, but NCTC’s new guidelines would allow it to keep info well beyond that.

The point of the new rule is to allow the center to pinpoint people who could commit crimes in the future.

Think “probably cause” should prevent innocent people’s data from being spied upon? WSJ stated the Fourth Amendment doesn’t apply to files created by the government for normal business. Or how about the Federal Privacy Act in 1974, which was intended to prevent just this type of search of government files, WSJ pointed out? There’s a loophole for that.

“All you have to do is publish a notice in the Federal Register and you can do whatever you want,” Robert Gellman, a consultant specializing in compliance with the Privacy Act, said to WSJ.

But Alexander Joel, a Civil Liberties Protection Officer for the Office of the Director of National Intelligence, which falls above NCTC, said the guidelines have “rigorous oversight” to prevent the information being used for inappropriate reasons. One of these includes that each agency works out terms with NCTC under which it would provide datasets. According to WSJ, the Department of Homeland Security has provided NCTC with one dataset thus far and is ironing out details to hand over three others.

Joel told WSJ the failed underwear bomber in Detroit on Christmas Day in 2009 was cause enough to show that NCTC needed to be able to retain information longer, as it might not be relevant at the time but could be later.

Here’s more from WSJ:

To fix problems like these that had cropped up since the Abdulmutallab incident, NCTC proposed the major expansion of its powers that would ultimately get debated at the March meeting in the White House. It moved to ditch the requirement that it discard the innocent-person data. And it asked for broader authority to troll for patterns in the data.

As early as February 2011, NCTC’s proposal was raising concerns at the privacy offices of both Homeland Security and the Department of Justice, according to emails reviewed by the Journal.

[...]

At the Department of Justice, Chief Privacy Officer Nancy Libin raised concerns about whether the guidelines could unfairly target innocent people, these people said. Some research suggests that, statistically speaking, there are too few terror attacks for predictive patterns to emerge. The risk, then, is that innocent behavior gets misunderstood—say, a man buying chemicals (for a child’s science fair) and a timer (for the sprinkler) sets off false alarms.

Some of these officers also argued that the failure to stop the attempted Christmas Day bomber wasn’t because he wasn’t targeted already for potential terrorist activities. He was and this would negate arguments for obtaining info on innocent Americans.

One of these officers fighting for protections of innocent people’s information was Homeland Security’s Chief Privacy Officer Mary Ellen Callahan, who has since joined the private sector. In information obtained by WSJ, she called the rule being proposed at the time “a sea change in the way that the government interacts with the general public.”

Be sure to read Julia Angwin’s full article in the Wall Street Journal for more details she uncovered about the new rule here. You can also see the 2012 unclassified guidelines for obtaining and retaining government datasets here and its comparison to the 2008 rules here. WSJ posted the emails it received through FOIA requests here.

Featured image via Shutterstock.com.

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

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Comments (44)

Awshoot
Posted on December 19, 2012 at 11:02pm
“Wolf” said it about right on Dec. 14th.

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blue_rain
Posted on December 14, 2012 at 11:51pm
It is kind of hard to spy on someone who will soon not own a computer, a home, a phone, or even health records etc. as we are being spent into an oblivion and soon most of us will not own anything anyway. What will they spy own next? our clothesline and the size of our underwear? Whoopie!

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Arshloch
Posted on December 14, 2012 at 4:25pm
Carbon copies of Lenin’s tactics.

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jessieH
Posted on December 14, 2012 at 2:28pm
Can hardly wait till they get to the part where I tell them to bite me!

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plastinoid
Posted on December 14, 2012 at 12:56pm
Every American’s new slogan should be “I will not comply” Our forefathers fought to make us free, and we must fight to remain free!…………..Let your actions be known, or let your hands be tied!

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forthepeople
Posted on December 14, 2012 at 10:30am
obozo administration will go down in history as the most corrupt with more to come ?

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- Mr. H.
  Posted on December 14, 2012 at 12:49pm
  Over the next four years you will see more corrupt practices become standard operating procedure than you ever thought possible.
  
  Report this comment
jessieH
Posted on December 14, 2012 at 9:46am
Better keep a close eye on me, government “gestapo”! I plan on blowing up————– this balloon! I’m not joking. I’m going to shoot————– the breeze, too.

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Bohump
Posted on December 14, 2012 at 8:56am
Wellcome, … To the New DEM -”O”- CRATIC World !

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unpata
Posted on December 14, 2012 at 5:32am
United socialist states of amerika…that is what we have become

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- SaturdaysWarrior76
  Posted on December 14, 2012 at 7:08am
  The question is: Are Americans just going to accept it? How many will stand up and fight this kind of thing? How many will quietly “get on the trains” and how many will stand with arms locked and say “I will not comply!” Together we stand, divided we fall my friend.
  
  Report this comment
- Wolf
  Posted on December 14, 2012 at 8:02am
  “…SaturdaysWarrior76
  Posted on December 14, 2012 at 7:08am
  The question is: Are Americans just going to accept it? How many will stand up and fight this kind of thing? How many will quietly “get on the trains” and how many will stand with arms locked and say “I will not comply!”…”
  Q-1 : Yes, we’ve already laid down and asked to be reamed again.
  Q-2 : Zip. None. Nada.
  Q-3 : Less than one percent will stand with arms locked and loaded; two percent will stand with arms locked and claim to be resisting; 97 percent will do as they’re told; about one-half percent will be killed on their doorstep.
  
  Report this comment
swimlkefish
Posted on December 14, 2012 at 3:21am
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
-Ben Franklin

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calmandcents
Posted on December 14, 2012 at 2:55am
Get out of here – we don’t care about your crap marketing.

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calmandcents
Posted on December 14, 2012 at 2:00am
The only credible action in a FREE, Liberty minded society would be the TOTAL destruction of ALL government databases.

The one and only exception to any proof of truth should be 1) half-breed wachos desiring senatorial and presidential positions, 2) ALL advisers to the internal presidential cronnies; and 3) all persons desiring a ballot on election day.

All others — FU — go back to Kenya, Indonesia, or wherever else you are from.

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- calmandcents
  Posted on December 14, 2012 at 3:21am
  Remember, despite your delusions, you greedy bastards work for us. We don’t work for you.
  
  By the same rules as proposed by Obama-Holder-Clinton, any black, unproven, “community organizer,” hateful, Muslim chump should be excluded from holding any credible position anywhere and at any time. This is not Venezuela.
  
  Obama – we are deeply saddened that you did have a real relationship with a father. We’re sorry that you grew up in an environment hateful of free peoples (yes, we understand that you’ve suffered a lot in your heritage, but, this is America, get over it.) And, we’re sorry that you chose to surround your drug-induced daze with hateful, un-American slime. It takes very little effort to be a modern victim and you certainly fit the image. However, we really don’t care. We care only about how sane, decent and ethical you are. Are you above board or just a f##king liar and hateful martyr? At least have the ****** to honest up. You should be waterboarded until you come clean — wouldn’t that be a revelation.
  
  Either way – you are not of OUR world. You simply don’t get it. Go save Kenya, Venezuela or bumb-f$$k Palestine. They will embrace you and provide the sort of bonding that you clearly did not have but need.
  
  Your conscience will rot you and your commissars to the same degrees that you have inflicted your hate and animosity on America. One of these days you will pay for your ignorance and evil. That is how it is
  
  I should rot in Hell before I ever h
  
  Report this comment
taintso
Posted on December 14, 2012 at 1:37am
And yet the background and records of the highest public servant remains sealed and private from the citizens who stupidly elected him. And yet the citizens RIGHT to privacy is raped.

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KevINtampa
Posted on December 14, 2012 at 1:05am
Ah yes future crimes. Might as well lock us all up now. Soon it will be a crime to say that the US Federal Central Government is inherently flawed and growing more and more evil. This law of course be enforced retroactively to statements made even when speech was a right.

Also, if you can have future crime why can you not have future law where we start enforcing laws that have been passed yet but we are certain will eventually be passed?

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- Exrepublisheep
  Posted on December 14, 2012 at 1:46am
  Someone’s about to knock on your door…
  
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KidCharlemagne
Posted on December 14, 2012 at 12:11am
“No nation could preserve its freedom in the midst of continual warfare….”
-James Madison, April 20, 1795

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TrueColours
Posted on December 13, 2012 at 11:52pm
“did not come without an internal battle lasting more than a year” Wow, defended my liberty for a whole year did they. I feel really good about that! Can we please secede yet?

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Rothbardian_in_the_Cleve
Posted on December 13, 2012 at 11:46pm
Calm down everyone. If you’re not a terrorist you don’t have anything to worry about. Now, a terrorist is defined as…..? Well, it isn’t al queda because we give them guns now. It isn’t muslim brotherhood because we give them F-16′s now. It isn’t hamas because we give them political backing now.

It couldn’t be us could it? Hang on, someone’s at the door.

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- Anacortes Girl
  Posted on December 14, 2012 at 1:05am
  Thanks for that post, you made me smile
  
  Report this comment
- loriann12
  Posted on December 14, 2012 at 8:27am
  Yea, anyone who doesn’t agree with this PRESIDENT, will be accused of Treason. Wonder what the libs would have done had Bush said that? Bush was a bit more progressive than I like (now that I’m learning more of him), but at least he believed in America.
  
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layosh
Posted on December 13, 2012 at 10:38pm
This database cannot, I repeats annoy be used to pick up the scent of a single terrorist. The reasoning is that the databases are riddled with errors. A manually created database has at leat 1 error in 1000 records. The electronically generated ones are probably thousand times better, so I would estimate that one in 500000 record is erroneous. However, to have some value, these data need to be linked, ant that link actually propagates the errors. If somebody maintains tens of thousands of records on me, Thant the probability that this set of records has false information in it climbs drastically to 1 in couple of hundreds. Assuming that only one in a thousand raises some kind of red flag due to inconsistencies – it must, otherwise the terrorist could cheat and escape the surveillance. So, the system would generate alerts for one in 10000 people. The watched population is approximately a hundred and fifty million, so they have to keep close tabs on 15000 people. And what is really important, their contacts! That increases the list size approxymately two hundred folds, to a hefty ever changing haystack generated by background noise of errors, containing 300000 people, who has to be cleared to find a couple of dozens of real candidates.
This database must serve a different purpose, the stated one does not make much sense.

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progressiveslayer
Posted on December 13, 2012 at 10:27pm
cull through any government database to gather information on innocent Americans for analysis of potentially suspicious behavior in March. A member of the NRA,republican white male,and the cherry on top is if he’s a vet he’s a prime candidate for the stasi to pick him up no warrant necessary in the new Amerika. Papers,show me your papers.

https://www.youtube.com/watch?v=IBRbRMonjwY&list=FLCREqE1DIvW0LqQD2GSWlww&index=1

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bikerdogred1
Posted on December 13, 2012 at 10:21pm
American selling Americans out,with obama at the helm its the right thing to do,just ask Holder.

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- 1TrueOne55
  Posted on December 13, 2012 at 11:28pm
  Progressive “McCarthyism”
  
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Advection
Posted on December 13, 2012 at 10:17pm
Obama may be crowned king before long. Oh, wait! Is it too late to erase that?!

All hail king Obama I.

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MormonPiper
Posted on December 13, 2012 at 10:13pm
Like we didn’t expect that?

Hey, where are all those libwankers that screamed about GW and his warrentless listening. But it’s all right when the messiah does far worse, to far more people… as long as they get their gov’t bought birth control, all is right in libby-land.

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- soybomb315_II
  Posted on December 13, 2012 at 11:00pm
  thats right
  
  and its also true that people on the right dismissed those same people who criticized Bush’s spying….So really, both sides are hypocrites. There are some people who hate both parties and refuse to comply. However, i was a duped republican until 2006 so unfortunately i cannot claim that mantle
  
  Report this comment
- barber2
  Posted on December 13, 2012 at 11:26pm
  Soy: Blah , blah. blah. The basic issue : the Chicago radical Democrats are much more dangerous to individual freedoms and America’s secure future, PERIOD. Your “blah ,blah, blahs / divide the dumb conservatives ” don’t matter. Remember the old patriot ” United we Stand. Divided we fall ?” Still holds true. Conservatives must get UNITED now . In the future , stand their ground. Period.
  
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resme
Posted on December 13, 2012 at 10:12pm
Nothing new…. All internet data is being stored to be used against a American citizen when “needed”.

Hi, NSA.

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- The-Monk
  Posted on December 13, 2012 at 10:17pm
  Hi Resme,
  
  Dang… I wish I had the user name “NSA” so I could have said “Hi” back. LOL
  
  Report this comment
- resme
  Posted on December 13, 2012 at 10:26pm
  “Dang… I wish I had the user name “NSA” so I could have said “Hi” back. LOL”
  
  Hi,Monk, How have you been?
  
  I’d get real nervous if a guy-named NSA replied back, :).
  
  Report this comment
- The-Monk
  Posted on December 13, 2012 at 10:37pm
  Hi Resme,
  
  I would too. Especially with the right avatar and some Gov lingo.
  It would have been funny though.
  
  I’ve been OK. : )
  
  Report this comment
- Darmok and Jalad at Tanagra
  Posted on December 13, 2012 at 10:38pm
  Merry Christmas Guys.
  
  Report this comment
- The-Monk
  Posted on December 13, 2012 at 10:47pm
  Right back at you Darmok the Great. : )
  
  Report this comment
- resme
  Posted on December 13, 2012 at 10:52pm
  “Merry Christmas Guys.”
  
  Right on, Evil monkey.
  
  Report this comment
- BlueStrat
  Posted on December 13, 2012 at 11:36pm
  What’s good for the goose is good for the gander, right?
  
  Start a distributed “People’s Database” built on some of the same general principles as ‘Freenet and TOR meets WikiLeaks and encrypted I2P’. Locate any vulnerable storage/control (although such system weaknesses should be minimized or eliminated) in a country that ignores US chest-thumping and threats.
  
  I’m serious here.
  
  Collect every bit of data possible about government departments, agencies, personnel, offices, and all their activities. Use FOIA requests to get things like traffic-cam and security-cam data to aid in tracking individual movements. Build dossiers on every government employee, bureaucrat, and official, their movements/travel, any communications that can be acquired, dossiers on their families, associates/friends, financial/purchase/CC data, web histories, biometric data, anything and everything.
  
  Let’s pitch-in to help them with that whole “transparency” thing.
  
  They seem like they could really, really use the help.
  
  If they want the Panopticon, let’s show ‘em how it’s done and give them a taste of their own medicine.
  
  Report this comment
The-Monk
Posted on December 13, 2012 at 10:11pm
“….was signed by Attorney General Eric Holder earlier this year….”

Need I say more?

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Snowleopard {gallery of cat folks}
Posted on December 13, 2012 at 10:06pm
Just great, the communist nightmare grows ever larger. How long until people are swept up off the street and charged for crimes BEFORE they happen?

No proof or deeds done, just ‘Your honor, we have the computer data that matches a possible pattern, therefore they are guilty…”

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- Exrepublisheep
  Posted on December 14, 2012 at 1:49am
  Homeland security.
  
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- christianUSA
  Posted on December 14, 2012 at 4:00am
  since we heard that this would be done in secret that investigated etc ordered can not talk about it how would we know it has not already been done?
  How is what is being done different from USSr kgb?
  
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