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Leahy to seek data-mining oversight

01/11/2007

By Carol Eisenberg
Newsday

WASHINGTON - In his first hearing as chairman of the Senate Judiciary Committee, Sen. Patrick Leahy (D-Vt.) vowed yesterday to make congressional oversight of fast-growing government data mining programs his top priority.

"Congress is overdue in taking stock of the proliferation of these databases," which use computers to sift through large amounts of personal data, said Leahy, a privacy advocate. "Although billed as counterterrorism tools, the overwhelming majority of these data mining programs use, collect and analyze personal information about ordinary American citizens."

Leahy introduced legislation that he said would pull "back the curtain on how this administration is using this technology" by requiring regular reports to Congress.

While acknowledging that data mining can be useful, he said the legislation provides a check on federal agencies "to disclose the steps that they are taking to protect the privacy and due process rights of American citizens."

The bill, supported by Sen. John Sununu (R-N.H.) and Russ Feingold (D-Wis.), mirrors legislation introduced in the last two Republican-controlled Congresses.

Leahy cited recent revelations about a data mining program by the Homeland Security Department assigning terror risk scores to travelers based on criteria such as how they paid for their tickets and whether they bought one-way tickets. The government uses those scores to decide who to pull out of line for additional questioning, and keeps the information for 40 years.

"Incredibly," Leahy said, "... our government has been collecting and sharing this sensitive personal information with foreign governments and even private employers, while refusing to allow U.S. citizens to see or challenge their own so-called 'terror scores.'"

Homeland security officials defend the program as having a proven track record of stopping terrorists. Assistant Homeland Security Secretary Stewart Baker said last month that it helped flag a Jordanian national trying to enter the country at Chicago's O'Hare Airport in 2003. Two years later, the man, Raed al-Banna, detonated a massive car bomb in Hilla, Iraq, that killed 130 people, he said.

Sen. Arlen Specter (R-Pa.), who has supported oversight in the past, questioned how many people have been harmed by the traveler rating program and similar projects. "Wait a moment," he challenged one privacy advocate. "If they're kept off a plane, they have a right to challenge it."

Specter, the panel's senior Republican, did not say whether he supports the new bill.

At least 199 government data-mining programs were operated or planned in May 2004, according to the General Accounting Office. Despite their prevalence, however, "no one has demonstrated that the government can predict who will commit an act of terror," testified former GOP congressman Bob Barr, a privacy advocate.

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