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Free Government Information (FGI) is a place for initiating dialogue and building consensus among the various players (libraries, government agencies, non-profit organizations, researchers, journalists, etc.) who have a stake in the preservation of and perpetual free access to government information. FGI promotes free government information through collaboration, education, advocacy and research.

Kahle challenges FBI and FBI withdraws demand for IA user information

The U.S. Federal Bureau of Investigation (FBI) has withdrawn a secret demand, issued as a national security letter (NSL), that the Internet Archive (IA) provide the agency with a user's personal information after Brewster Kahle, the Electronic Frontier Foundation (EFF), and the American Civil Liberties Union (ACLU) challenged the records request in court.

Since the Patriot Act was authorized in 2001, relaxing restrictions on the FBI's use of the power, the number of NSLs issued has seen an astronomical increase. Reports from the Justice Department's Inspector General reveal that the FBI has issued nearly 200,000 NSL between 2003 and 2006. Multiple investigations have found serious FBI abuses of regulations and numerous potential violations of the law.
In each of the three court challenges to the NSL program, the FBI has withdrawn the information demands, ACLU's Goodman said. "I think that calls into question how much the FBI needed the information in the first place and, frankly, whether the FBI needs this kind of sweeping and unchecked surveillance power," she said.
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State Fusion Centers tap into Private Sector Databases

Centers Tap Into Personal Databases, By Robert O'Harrow Jr., Washington Post, April 2, 2008; page A01.

Intelligence centers run by states across the country have access to personal information about millions of Americans, including unlisted cellphone numbers, insurance claims, driver's license photographs and credit reports, according to a document obtained by The Washington Post.
See other Fusion Center stories at FGI. Continue reading

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CRS Report on Fusion Centers

Over the last six years the government has established more than 40 state, local, and regional "fusion centers" to integrate information and intelligence from the federal government, state, local, and tribal governments, and the private sector to identify risks to people, economic infrastructure, and communities, to prevent terrorist attacks, and to respond to natural disasters and manmade threats. The report notes that fusion centers "represent a fundamental change in the philosophy toward homeland defense and law enforcement" and "a shift towards a more proactive approach to law enforcement."

Fusion centers are created by the states and are largely financed and staffed by the states. Curiously, for centers that produce and control so much potentially sensitive and private information and that work in cooperation with the private sector, there is no one model for how a center should be structured.

Of note, the DHS Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement (ADVISE) program, which is being developed to "analyze large amounts of data, such as the relationships among people, organizations, and events" when fully functioning may have the ability to receive and provide information to the nation's fusion centers to assist with analytic strategic indications and warnings. Should ADVISE or other data collection and analysis programs become fully functional and accessible by fusion centers, some might see this as a devolution of national intelligence capabilities from the federal government to state governments resulting in the encroachment on individual civil liberties. Some are concerned that as fusion centers and the IC agencies codify relationships, there is increased potential for misuse of private sector data. It could be argued that such a relationship will allow state entities to act as agents of the federal government in performing federal intelligence community activities that violate federal privacy laws.

This CRS report includes over 30 options for congressional consideration to clarify and potentially enhance the federal government's relationship with fusion centers including drafting of a formal national fusion center strategy. The report examines, among many other things, civil liberties concerns and violations, and private sector purposes and roles in fusion centers.

Our thanks to Steven Aftergood for identifying and housing this report. See more of today's goodies here: Comprehensive Nuclear Test Ban Treaty, and More from CRS, by Steven Aftergood, Secrecy News (March 3, 2008). Also see earlier FGI posts: What is wrong with Fusion Centers and Groups seek definition of terrorism at government and private sector information-sharing centers.

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Congress worries that .gov monitoring will spy on Americans

Congress worries that .gov monitoring will spy on Americans. News.com
February 28, 2008

A new Bush administration plan to capture and analyze traffic on all federal government networks in real time is generating privacy worries from congressional Democrats and Republicans alike.

At a hearing convened here Thursday by the U.S. House of Representatives Homeland Security Committee, politicians directed pointed questions to Department of Homeland Security officials about their plans to expand an existing "intrusion detection" system known as Einstein. Among other things, the system will monitor visits from Americans--and foreigners--visiting .gov Web sites.

And, a related article:

House Lawmakers Question Privacy in Cyber-Security Plan. By Brian Krebs, Washington Post, February 29, 2008.

House lawmakers yesterday raised concerns about the privacy implications of a Bush administration effort to secure federal computer networks from hackers and foreign adversaries, as new details emerged about the largely classified program.

The unclassified portions of the project, known as the "cyber initiative," focus on drastically reducing the number of connections between federal agency networks and the Internet, and more closely monitoring those networks for malicious activity. Slightly more than half of all agencies have deployed the Department of Homeland Security's program.
 

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Fister on Privacy, Facebook, Google, Libraries

This is a very useful and thoughtful piece that starts with musings on Facebook and privacy issues and addresses much larger issues that affect libraries and library users and academic publishing. This is a must read.

  • Face Value, By Barbara Fister, Inside Higher Ed (Feb. 18, 2008).

Sample:

Libraries have always taken privacy seriously - not because it's valuable in itself, but because it's a necessary condition for the freedom to read whatever you want without risk of penalty. When the PATRIOT Act was passed, librarians checked to make sure their databases erased the connection between a book and its borrower as soon as the book was returned. That erasure, however, makes it harder to offer the kind of personalization, such as recommendations based on previous book choices, that the public increasingly expects from online systems. After all, it's what they get from Amazon.
...[W]e've barely begun to examine the unintended consequences of the Faustian bargain we strike when we share content through privately-owned digital domains of the public sphere.

Joe Esposito pointed to this article in a posting to the liblicense-l mailing list and he says:

As I was reading this, I reflected on an ongoing conversation with a friend of mine, a former Congressional staffer, about the growing political need for Google to be declared a regulated public utiility, like the AT&T of yesteryear. Too much power in the hands of too few: it's morally wrong, and socially dangerous.

I would just add to this that, when we rely on the government to be the only official repository of all government information, we are putting too much power in the hands of too few.  We are allowing the government to be the only entity that controls access to that information and the privacy or lack of privacy of all readers of that information. The solution to that is to build  collections of digital government information is libraries.  We have barely begun to understand the Faustian bargain we strike when we share content through a single government-controlled digital repository.

Fister is a librarian at Gustavus Adolphus College. Her blog is barbara fister's place.

 

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