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Policy Laundering and Privacy

Policy Laundering and Privacy. A Special Warning To US Allies BE AFRAID! BE VERY AFRAID!. Carnegie Mellon University March 23 2005 Barry Steinhardt. ACLU Now Facing New Challenges On A Global Scale. Globalization of Security and Surveillance “Policy Laundering”. “Policy Laundering”.

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Policy Laundering and Privacy

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  1. Policy Laundering and Privacy

  2. A Special Warning To US Allies BE AFRAID! BE VERY AFRAID! Carnegie Mellon University March 23 2005 Barry Steinhardt

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

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

  5. 1st Signpost: The Creation of a Global Identification System • National ID systems • The “globally interoperable biometric passport”

  6. Biometric Passports • Required by US Congress • US launders standards through ICAO

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

  8. RFID Chips • Can be read at a distance (20m in tests) • see http://tinyurl.com/46vml • No encryption • Could enable tracking

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

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

  11. Policy Laundering Works:NGOs Ignored!

  12. 2nd Signpost: Creation of an Infrastructure for the Global Surveillance of Movement • Checkpoints and databases to track movements using their ID cards • Direct government access to airlines’ passenger name records (PNR).

  13. Passenger Screening August 2004 “Secure Flight” (CAPPS version 3.0): Watch lists, commercial data 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

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

  15. 3rd Signpost: Infrastructure for Surveillance of Electronic Communications and Financial Transactions • Expanded authorities for eavesdropping. • Expansion of ECHELON. • Expanded private-sector requirements. • CALEA • Data Retention • Tracking and reporting of financial transactions

  16. 4th Signpost: The Convergence of Databases • US-VISIT system (tied to 20 other government databases) • Giant corporate data-brokers

  17. Total Information Blackout

  18. TIA --Gone – But Not Forgotten

  19. 5th Signpost: The Surveillance-Industrial Complex •  More tracking by private companies • 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.

  20. The Surveillance- Industrial Complex:

  21. The Surveillance- Industrial Complex:

  22. 6th Signpost: Rendition, Torture, Death • Torture • Indefinite detention • A frightening context for rising surveillance  • A shocking loss of moral compass in the “war on terror” • A significant number of victims mistakenly arrested or otherwise innocent. • Maher Arar case: US intercepts and renders Canadian to torture in Syria.

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

  24. 1. Building international coalitions. • 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! • Staff has already been hired in London

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

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

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

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

  29. With Your Help—We Can Again!

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