Should Congress close down the Pentagon's Information Awareness
Office? Some critics, including The New York Times, say that it
should, and certain members of Congress, such as Sen. Ron Wyden,
D-Ore., seem inclined to agree.
That office, which had been run by John Poindexter, oversees the
Terrorism Information Awareness (TIA) program, which has raised the
ire of civil libertarians. But it would be a dangerous mistake to
kill off the program prematurely. To be sure, TIA has generated
substantial controversy, but much of that is based on a
misunderstanding of the research. Any real development of TIA
technology is more than five years away, so concerns that the
technology will be abused are speculative, at best. Still, critics
are unwilling to permit even basic research into feasibility,
because they assume there will be abuse even before the first lines
of computer code are written.
We cannot afford to fear technology. As six former top-ranking
professionals in America's security services recently observed in
The Economist, America's response to terrorist threats faces two
problems -- a need for better analysis and, more critically, a need
for "improved espionage, to provide the essential missing
intelligence."
In their view, while there was "certainly a lack of dot-connecting
before September 11" the more troubling failure was that "there
were too few useful dots." TIA technology can help answer both of
these needs, by collecting information that's unavailable anywhere
else and putting it in front of intelligence analysts.
The Times' opposition rests on the false premise that TIA would
create an "electronic dossier" on every American citizen. But this
rather breathless and terrifying claim has no basis in fact.
Indeed, the Times would be hard pressed to find a single person
with any detailed knowledge of the program or the underlying
technology who would confirm this view.
TIA is a broad research program with several dozen different
components -- programs ranging from efforts to develop machine
language capabilities to translate Arabic directly into English, to
ones intended to develop a secure Virtual Private Network where
classified information can be exchanged without threat of
compromise. No public observer has critiqued these as unacceptable
-- yet the Times would cancel them because they fall within the
broad TIA umbrella.
Yet even opposition to the most controversial aspects of TIA is
ill-founded. TIA's knowledge discovery technology (for that is its
proper name), if it proves effective (for this is, after all, a
research program) can be developed in a manner that renders it
effective while posing minimal risks to American liberties.
We do that by carefully building in safeguards to check the
possibilities of error or abuse. Those safeguards should include
strict congressional oversight, protection of anonymity by insuring
that individual identities are not disclosed without the approval
of a federal judge, and a robust legal mechanism for correcting
false positive identifications.
Similar intelligence collection agencies have long operated
effectively under stringent legal restrictions. For example, the
National Security Agency may not target the communications of an
American citizen, and the FBI can't conduct electronic surveillance
without a judge's approval. TIA could be effective under similarly
constructed restrictions.
At its core, the Times editorial rests on an unstated premise --
that potential threats to personal liberty must be avoided at all
costs. But as Thomas Powers, author of the book "Intelligence
Wars," recently wrote: "In a liberal republic, liberty presupposes
security; the point of security is liberty." Thus, the obligation
of the government is a dual one: to protect civil safety and
security against violence and to preserve civil liberty.
To be sure, it is a difficult balance. It is far easier to eschew
the effort. But failure to recognize that security need not be
traded off for liberty in equal measure and that the "balance"
between them is not a zero-sum game is a far greater and more
fundamental mistake. Policy-makers must respect and defend the
individual civil liberties guaranteed in the Constitution when they
act, but they also cannot fail to act when we face a serious threat
from a foreign enemy.
Indeed, resistance to new technology poses practical dangers. The
Congressional Joint Inquiry into the events of Sept. 11 pointed out
that systemic breakdowns played a role in the failure to prevent
the terrorist attacks: "While technology remains one of this
nation's greatest advantages, it has not been fully and most
effectively applied in support of U.S. counterterrorism efforts.
Persistent problems in this area include … a reluctance to
develop and implement new technical capabilities
aggressively."
It's important that we not repeat the same mistake.
Paul Rosenzweig
is a senior legal research fellow in the Center for Legal and
Judicial Studies at The Heritage Foundation and adjunct professor
of law at George Mason University.
Appeared on Foxnews.com