Dominant Logistics
Why TIA Will Never Work and Alternatives That Will
Recently, a government program titled Total Information Awareness
(TIA) has been brought into the light of day. I will leave discussion of the legal
issues of this monstrosity to those best equipped to deal with it. But a key flaw
needs to be addressed; namely that the proposed system is useless for its stated purpose.
Sifting, or data dredging, is an effective technique for locating statistically
significant data within a database. The problem is that for it to work, one must
know what one is looking for and it must be present within the data. Neither of
these parameters will exist within TIA.
We already know for fact that terrorism crosses all demographics. There is no set
pattern or description that can effectively define a terrorist. Without this, we are
left with the concept of profiling - the same non-science that kept the Unabomber on the
loose for years and prevented us from catching the D.C. snipers until they were stupid
enough to try and open a dialogue with police.
We already "monitor" travel into and out of the country through the Customs
Service and the Immigration and Naturalization Service and yet millions of people have
little difficulty entering and exiting the country illegally. Much like the billions
of dollars in narcotics that cross our borders every year. Having existing data
readily available for searching is useless when the data is known to be incomplete and
inaccurate.
Another key problem is the monitoring of monetary transactions. Again, we already
have the bulk of this data but it is virtually useless for national security purposes.
The mediums of choice for illicit business in this country have always been, and
will always be, cash and bartering. I can assure you, those who are peddling the
tools of death in back alleys do not take American Express.
Inevitably, programs like TIA are limited in the same way as gun control - no matter what
actions we take, no matter how the laws are written, it only affects those who are playing
above the table. And that's not where the bad guys operate. But does this mean
that we are relegated to allowing terrorists and other criminals to overrun the nation?
Not hardly; a variety of options are available that can vastly improve on our
abilities to protect the nation without sacrificing the rights and liberties of Americans.
Security Information Court
The first step is the establishment of a federal court for the purpose of oversight of information collection used for security and law enforcement purposes. The information collected in commercial databases CAN be of great use to security functions but access to this information must be controlled. Warrants have been the standard practice for collecting this type of information but the nature of technology presents an alternative that can meet the challenges of modern needs.
A Security Information Court would consist of a group of judges and third-party observers with proper clearances that would oversee the collection of computer data for security purposes. Instead of a traditional courtroom, each judge would operate in a room with the systems necessary to access commercial databases. The third-party observer would serve as a sort of lawyer for the defense but in a technological way - they wouldn't necessarily be a lawyer but would be fully trained in the technological and legal areas applicable to the case being processed.
Law enforcement personnel would access the court where they would be given access to the information systems with the judge and observer providing oversight to ensure everything is appropriate and legal. Instead of a warrant allowing law enforcement to engage in this practice on their own, the process would be carried out within the court itself with a certification form and data log completed and signed by the individual who collected the data, the law enforcement official who requested the data, the judge who provided oversight, and the third-party observer. No data leaves the room without all four signatures.
Monitoring of Commercial Transportation
Modern systems are available that can be installed on all commercial vehicles to track them and provide information to centralized monitors. All commercial vehicles, regardless of type, must have these systems installed and operational in order to conduct business within the United States. This includes vehicles operated out of Canada and Mexico. In a nutshell, you can't build a truck bomb without a truck.
With this system, we can monitor the movements of commercial vehicles and if they divert from expected routes, we know these vehicles need to be checked out and can notify the appropriate authorities. Any vehicle at the border without an operational system gets a complete inspection from top to bottom. If a vehicle's system stops functioning, law enforcement is contacted immediately to stop the vehicle and address the problem.
All aircraft and ships should have this system as well. Ideally, the monitoring should be global in scope covering all transportation systems that operate in American areas. Any vehicle without the system is stopped and fully inspected. A side benefit to this system is that it can help commercial entities in tracking and monitoring their assets. The system would include two-way communications allowing the operator to contact their employer or authorities if they are in trouble. In this way, those being monitored receive a considerable benefit for the inconvenience of being monitored.
Many people cringe at the concept of monitor and cry about "Big Brother" but the reality is that we're talking commercial systems here, not private systems. Commercial entities are subject to monitoring and control of government anyway so there is no infringement on any rights with this system. Private vehicles would still be free operate in any way without being monitored.
Convert to a National Sales Tax
It has been estimated that as much as $600 billion is spent every year in the United States on tax preparation. This is nothing but pure unadulterated waste that should not be allowed to continue. A simple step can be taken to free up this portion of the economy while also providing a valuable security capability. This step is to scrap all current federal taxes in favor of a national sales tax.
This approach would include a nationwide system where all commercial entities would be required to provide a summary of items sold, fees collected, taxes paid, method of payment, and time/date of sales. This data would be transmitted to a national database where it would be collected and monitored for unusual purchases. For example, if a given sale just happens to include all of the ingredients necessary for a drug or bomb lab and was paid in cash, we can send in law enforcement to check it out and perhaps view security camera footage. Control of the information would be handled by the Security Information Court.
Again, Big Brother concerns will be voiced but there is no name or personal data collected in the transaction, only the transaction itself is monitored. This provides sufficient information so that if the SIC approves getting law enforcement involved, personal information could then be obtained but no personal data would be obtained without involvement of the SIC. And more importantly, unlike the propose TIA system that would only view credit card and bank transactions, this system would also provide data on the cash transactions where the real useful data will be found. And because this will provide a complete data set, we can now effectively use computer tools to identify patterns of activity that may be related to terrorism or other illegal actions.