Articles by Jim Harper

Jim HarperJim is the Director of Information Policy Studies at The Cato Institute, the Editor of Web-based privacy think-tank Privacilla.org, and the Webmaster of WashingtonWatch.com. Prior to becoming a policy analyst, Jim served as counsel to committees in both the House and Senate.


On Thursday, the Cato Institute is having a book forum on my book Identity Crisis: How Identification is Overused and Misunderstood.

Commenting on my presentation of the book will be James Lewis from the Center for Strategic and International Studies and Jay Stanley from the ACLU.

The REAL ID Act is under seige from state leaders who are bridling at this unfunded surveillance mandate, and legislation was introduced at the end of the 109th Congress to repeal REAL ID. But the immigration debate this year will surely fuel the push for a national ID with the demand for “internal enforcement” of immigration law. Identity Crisis lays the groundwork for all these discussions.

The event is streamed for those not in the area. To register, go here.

Free to Choose. Free.

by on December 18, 2006

. . . on IdeaChannel.tv.

That’s the quickest summary of a paper the Cato Institute issued today, which I co-wrote with Jeff Jonas, distinguished engineer and chief scientist with IBM’s Entity Analytic Solutions Group.

Data mining is the effort to gain knowledge from patterns in data. A retailer can use data mining to sift through past customer interactions and learn more about potential new customers, but it can’t figure out which customers will actually come into a new store. Terrorism is so rare in society that there are no patterns to search for. Data mining has no capability to ferret out terrorists.

It appears that the Automated Targeting System, which made news last week (because of its previously unknown focus on American travelers), uses data mining. It sifts through information about border crossers to assign them a “risk score.”

In a National Journal article published last week, Secretary of Homeland Secretary Michael Chertoff discussed ATS, revealing the need for government officials to get more clear about what they are doing, what works, and what doesn’t work. According to NJ, Chertoff called ATS “the process by which we collect that information and analyze it to see what are the patterns and the relationships that tell us, for example, that a particular telephone number is associated with a terrorist, or something of that sort.”

Comparing the number of a traveler to phone numbers of terrorists is data matching and it is not what ATS does – or at least not the interesting part of what ATS does. Data matching, link analysis, or “pulling strings” is a proven investigative method and, as we discuss in our paper, it’s what could have prevented the attacks of 9/11.

There should be forthright public discussion about whether a program like ATS, or any data mining program, can catch terrorists. Such a program might help turn up ordinary crime, about which there may be suitable patterns to discover. Whether the public would countenance mass surveillance for ordinary crime control is a different question than whether it would accept such methods to prevent terrorism.

I’ve written at Cato@Liberty before about how Web 2.0 business models, particularly Google’s, are in conflict with current Supreme Court privacy cases denying people a Fourth Amendment interest in information they have entrusted to third parties.

Now comes a very interesting Information Week report on last month’s Web 2.0 Summit:

None other than Google–which has profited enormously from the data users submit to its services and from the data its users generate through use of its services–is thinking seriously about how to give users more control over their data. Though stopping short of a complete data emancipation proclamation at the Web 2.0 Summit, CEO Eric Schmidt said, “The more we can let people move their data around . . . the better off we’ll be.”

And the better off users’ privacy will be.

I recently received a pair of reports on critical infrastructure protection in the mail, and have now had a chance to read them. Both are written by Kenneth Cukier, reporter for The Economist. They are well-written, thought-provoking, balanced, and blessedly brief. They summarize a roundtable and a working group convened by an organization I had not heard of before called The Rueschlikon Conference.

One is called Protecting Our Future: Shaping Public-Private Cooperation to Secure Critical Information Infrastructures. The other is Ensuring (and Insuring?) Critical Information Infrastructure Protection. They focus on an important question: How do we make sure that the facilities of our networked economy and society survive terrorists acts and natural disasters?

I want to come back to the ‘compliment’ I gave both papers: “balanced.” The first report finds, among other things, that we should “harness the power of the private sector” and “use market forces” to protect critical information infrastructures. It notes that Wal-Mart had 66% of its stores in the region of Hurricane Katrina back in operation 48 hours after the storm. It also notes how, with electrical lines downed by Katrina, BellSouth’s backup generators had kicked in. When fuel supplies ran low, government officials confiscated the fuel being trucked in to keep them running. Yet, for reasons I cannot discern, the report maintains that “public-private cooperation” is what’s needed rather than getting the public sector out of the way.

The second report finds that the marketplace is insufficient to protect critical infrastructure because it lacks proper incentives. It also finds that the insurance industry can create a market for security. It’s got to be one or the other. The “balance” of these reports becomes more and more just contradiction.

A telling line can be found in the second report: “[O]ne person expressed skepticism that relying on the market to solve [critical information infrastructure] security would work, since it seemed to fall too neatly into the modern ideological mantra that markets solve all problems.” In other words, a conclusion in favor of market solutions was avoided because it might further validate markets as a problem solving tool. The uncomfortable seeking after balance in these otherwise good reports may reflect an ideological preference for government involvement–despite the harm that did in the case of Hurricane Katrina.

It is insufficient, of course, to identify ideological bias (or anti-ideological bias?) in the reports. I did find them useful and interesting, and they inspired a few thoughts that I think deserve more exploration: 1) Anti-trust law thwarts communication among companies responsible for infrastructure protection. Rather than convening so many government work-groups, the root of the problem in anti-trust law should be addressed. 2) Government secrecy is one of the things undoubtedly keeping the insurance industry from having the confidence to insure against terrorism risk. Thus, it does not promulgate better terror-security practices among its insureds, and a valuable tool in the struggle against terrorism lies on the shop floor. Rather than subsidies, the government should give the insurance industry information. 3) People interested in these issues should attend or watch Cato’s upcoming forum on John Mueller’s book Overblown: How Politicians and the Terrorism Industry Inflate National Security Threats, and Why We Believe Them.

OK Go: Story and Meta-Story

by on November 28, 2006

USA Today columnist Kevin Maney has a story up on Tim Lee musical fave OK Go. He also has more tidbits about the story on his blog.

. . . you might want to mark your calendar for December 13th.

The Cato Institute is having a book forum on Overblown: How Politicians and the Terrorism Industry Inflate National Security Threats, and Why We Believe Them (Free Press, 2006). In the book, Ohio State University national security expert John Mueller puts terrorism in the context of other national security threats our country has faced in the past, and challenges us to assess the threat of terrorism rationally.

[Non-D.C. TLFers, it’ll be Webcast.]

Yesterday, security expert Bruce Schneier published a TSA Security Round-Up that might make you thankful just to get to and from your family home this holiday. Our country and government can do better.

Phil Windley points us to the reason.

The State Department has a notice of proposed rulemaking out on the “card format passport.” They are laying the groundwork for a card-style passport Americans would use when they travel to Canada, Mexico, and the Caribbean.

What’s special about it?: “Vicinity read technology would allow the passport card data to be read at a distance of up to 20 feet from the reader.” That’s right: a promiscuous RFID chip would make your serial number widely available to whomever with a reader might want to know your whereabouts. (The system would not put personal data beyond this identifier on the card.)

If you have concerns about it, the comment period lasts until December 18, 2006. You can e-mail— wait, there’s no e-mail address.

Instead, it says, “Comments by Internet are to be sent to http://www.regulations.gov/index.cfm.” So you must go there and search for the Federal Register notice and submit your comment— wait, they are not accepting comments online either.

This Agency does NOT accept electronic comments for this Federal Register document. You must print out this comment and submit it to the agency by any method identified in the Federal Register document for the rule you are commenting on. The agency’s contact information will also appear on the printed comment form. Your comment will not be considered until this agency receives it. For further information, follow directions in the specific Federal Register document or contact the specific agency directly.

That’s right. The State Department is proposing to put RFID-chipped passport-lite documents in our hands – an ill-considered technological leap forward – without using basic, proven technologies to make its actions open to public participation or criticism.

So, after the jump, a six-step instruction guide for sharing your thoughts about RFID-chipped ID cards with the apparently indifferent State Department:

Continue reading →

Over on Cato@Liberty, I’ve written a couple of times about how government access to data threatens many new and forthcoming business models.

TechDirt, a favorite tech-business blog, writes today about some ISPs’ perceived lack of cooperation with law enforcement. That ‘lack of cooperation’ is asking for a warrant before revealing customer data. “But requiring a warrant is a check against abuse; without them it’s hard for ISPs to judge the legitimacy and seriousness of a request. By valuing privacy, they better serve their customers, and ensure that law enforcement is only pursuing cases within the scope of the law.”

Very nice to see a business-oriented blog showing how privacy protection nests with commercial interests and good government.