WASHINGTON - Data mining, critical in the fight against terror, needs both an image makeover and a government-wide policy to ensure transparency and protection of civil liberties, according to a panel of experts from across the ideological spectrum.
This week The Constitution Project—a nonprofit that brings together self-described “unlikely allies,” like conservative libertarian ex-congressman Bob Barr and leaders of the American Civil Liberties Union—issued a report titled Principles of Government Data Mining: Preserving Civil Liberties in the Information Age.
The report’s authors recommend that the government impose familiar privacy and transparency controls—such as those in many freedom-of-information laws and intelligence-led policing regulations—on the practice of data mining, which it defines as “any use of computing technology to examine large amounts of data to reveal relationships, classifications, or patterns.”
Speaking on the report’s recommendations during an event at the National Press Club in Washington, D.C., panelist Jim Harper of the libertarian Cato Institute explained the roots and fundamentals of data mining, which is a common and noncontroversial practice.
Data mining emerged in the early 1990s along with advancements in computing capabilities as a means for supermarket companies to spot trends to improve logistics and marketing. For example, while most shoppers may buy milk, eggs, and bread on every visit, a spike in unusual ingredients bought together, like collard greens and walnuts, may indicate the popularity of a new recipe or diet, Harper explained. Today, the companies track purchases primarily through loyalty discount card programs.
Harper divided data mining into two practices: link analysis and predictive analysis, providing examples.
A popular example of link analysis occurs in the common hypothetical of a police officer examining the “pocket litter” of an arrested suspect, say for a narcotics arrest. A piece of paper may show a phone number, which when searched in a law enforcement database, is found to belong to another member of the drug trade. A link between the two can then be established.
People who have received a phone call from their credit card company about potential suspicious activity on their account may have benefited from predictive analysis, Harper explained. Credit card companies have found a common pattern whereby a small purchase, such as $5 worth of gasoline, followed immediately by a very large purchase, such as a $3,000 flat-screen television, often indicates a thief testing to see if a stolen card is still active before making a large fraudulent purchase.
"These are fairly simple concepts that may be obscured by the term ‘data mining,’ which confuses people and sometimes makes them think something worse is going on,” Harper said.
The practice is a prisoner of its name, which implies digging beneath the surface—ostensibly for private data. It also bears the risks of implicating innocent people who are false positives and is associated with at least two controversial federal initiatives, both at the Department of Defense (DoD): Total Information Awareness and a project called Able Danger.
Total Information Awareness was the goal of the Defense Advanced Research Projects Agency’s Information Awareness Office (IAO), which sought to mine all available data on Americans to spot threats. The program's seal bore the Eye of Providence—God’s all-seeing eye from the $1 dollar bill, atop a pyramid casting its gaze on the entire planet Earth. Congress eliminated funding for the IAO in 2003, a year after its establishment.