Tag Archives: anonymity

How close is Oklahoma to Real ID? Much, Much Closer Than It Ought To Be

Kaye Beach

September 14, 2012

Have you noticed the flurry of activity related to Oklahoma’s driver’s licenses?  Did your Real ID radar begin to ping?

A Google photo search for “new driver’s license design” shows that many states, like Oklahoma, are getting new driver’s license designs.  And like Oklahoma, the photos are all moved to the left.  This isn’t a DMV fad.   These standards come from somewhere.  —  2012 AAMVA North American Standard – DL/ID Card Design

“AAMVA (the American Association of Motor Vehicle Administrators) is called the “backbone” and hub” of the Real ID Act in the final rules issued by DHS” Mark Lerner, testimony before the Michigan House of Representatives, 2008

Several news items were released last week about some changes coming to Oklahoma’s driver’s licenses.

Oklahoma Rolls Out New Driver License and Upgraded Issuance System by MorphoTrust Sep 06, 2012 by Business Wire

“The new license meets rigorous security requirements and will not only upgrade our system but enhance customer service as well,” said Michael C. Thompson, Commissioner for the Oklahoma Department of Public Safety.

Oklahoma driver’s license will get makeover

Repositioned photograph is among changes to be rolled out over next several months for Oklahoma driver’s license

“They totally redesigned the system to where it’s going to be faster for the operator, which will speed up the line of people waiting at the tag agencies and exam offices.”

These news items were primed by many articles released over the last couple of months regarding the horrendous waits driver’s license applicants are forced to undergo in our state since The number of examiners at licensing offices statewide decreased from 152 in 2009 to 105 this year. The number of testing sites has been reduced from 89 to 36 in a decade’

Long lines drive push to help Oklahoma driver’s license exam sites

At this point, Oklahomans are frustrated and the news of any changes that could help speed up the process are sure to be greeted with a huge sigh of relief and little scrutiny.

A little scrutiny is in order.

The deadline for meeting the standards of the REAL ID Act is January 15, 2013.

The Real ID Act passed in 2005 imposed federal guidelines that use  INTERNATIONAL standards for state driver’s licenses and ID documents

REAL ID licenses are to be

•machine readable
•contain biometric data

(including facial biometrics)

This and other information is to be shared

•nationally
•internationally

There are 18 initial benchmarks (39 benchmarks total) to the Real ID Act of 2005 that, once they are achieved, a state can consider to be in “material compliance” with the Act.  A state is in “full compliance” with the Real ID Act upon meeting all 39 of the benchmarks.

Once material compliance is achieved a state may request to be able to place a gold star on their state license to indicate that the card is acceptable for “federal identification purposes” from the DHS.

Spring of this year seven states were named as being the naughty foot draggers regarding meeting the 18 Real ID benchmarks. Oklahoma is listed as one of those laggard seven states and for good reason-our state passed a law prohibiting implementation of the federal Real ID Act in 2008. 

Oklahoma – OKLA. STAT. ANN, tit. 47, § 6-110.3 (2007) (The State of Oklahoma shall not participate in the implementation of the REAL ID Act of 2005. The Department of Public Safety is hereby directed not to implement the provisions of the REAL ID Act of 2005 and to report to the Governor and the Legislature any attempt by agencies or agents of the United States Department of Homeland Security to secure the implementation of the REAL ID Act of 2005 through the operations of that or any other state department. . .

The President of the Coalition for a Secure Driver’s License took it upon himself to help the Department of Homeland Security pressure and threaten these last remaining rebel states:

“It’s their last opportunity to get on board with the REAL ID rules or face consequences. . . . REAL ID is no longer a policy matter, the REAL ID debate is over.  REAL ID is now part of DHS’ ongoing operations.”
PR Newswire (http://s.tt/1bIrU)

What are the “consequences” of not having a Real ID?  Here is what we are told;

“In the future, only those state issued Driver Licenses and Identification cards which are fully compliant with the REAL ID act of 2005 will be authorized for use as identification for official federal government purposes, such as boarding commercial aircraft and entering certain regulated federal facilities.” Alabama DMV-STAR ID

Does this mean we won’t be able to fly?  In a word-no.  We will still be able to fly.   A passport will work as well as a military ID.  Of course any government issued photo ID means biometrics and carries with it the some of the same concerns as Real ID.  Any lesser ID may require secondary screening procedures, but you can fly without a Real ID.  As far as the federal buildings.  That will be interesting.  Barring US citizens from certain federal building will probably set off a constitutional showdown.

Oklahoma was not alone in their opposition to the Real ID Act.  At least 25 states passed a law or resolution prohibiting the implementation of Real ID in their states.  This was a historic level of rebellion and one that both red and blue states participated.

At least 13 (the National Conference of State Legislatures recognizes 16) states passed an actual law against Real ID but we know from Congressional documents that some of these states are quietly issuing Real ID compliant driver’s licenses anyways.

Thirteen states have laws prohibiting compliance with the REAL ID Act. Even so, DHS believes that some of these states already issue secure identification documents consistent with the standards of the regulation.  Link

These states may not sign up for the gold star just yet, but with a wink and a nod, they are just as surely undermining the will of the people by meeting the first 18 benchmarks of Real ID.  To state it simply, these states are positioned to do the bidding of the Department of Homeland Security by meeting the requirements of the Real ID Act while retaining plausible deniability about violating their states’ law that prohibits implementation of the Real ID Act.

At least nineteen states are now in compliance with the Act.   Twenty-six more are reported to have committed to meet the standards before the (new) deadline. (Dec. 1, 2014) link

So where does Oklahoma stand on the 18 (Real ID) benchmarks?

I will show you that Oklahoma is merely one benchmark away from compliance with this international ID scheme that caused an unprecedented uproar by the states following its introduction in 2005.

Oklahoma has progressed from meeting 9 of these benchmarks in 2008 to currently meeting 14 of the 18 Real ID benchmarks. (3 of the benchmarks pertain to formalizing commitment by the state to REAL ID.  State’s that have passed a law prohibiting Real ID implementation are forgiven these benchmarks by the Dept. of Homeland Security.  That is the “wink and a nod” Do in reality, Oklahoma is really only one benchmark away from being considered Real ID compliant.)

Real ID benchmarks 1-6

Real ID Benchmarks 7-15

Real ID Benchmarks 16-18

 

Doesn’t appear that the law prohibiting implementation of the provisions of Real ID slowed us down much, does it?

Some of these 18 benchmarks are sensible measures that many states were already working on prior to Real ID anyways.

However, benchmark Number 1 is a REAL problem!

Benchmark #1. “Mandatory facial image capture and retention of such image.”

Let me explain briefly why:  the digital facial photo is a biometric suitable for use with facial recognition software.  In fact, facial biometrics is the governments biometric of choice.  Why?  It is not the most accurate biometric for identification purposes but it does allow us to be identified in public without our knowledge or consent.  Never mind that we have the right to go about our business, as long as we are not a criminal or suspect, without be investigated.  The Supreme Court has upheld our right to anonymity on several occasions in recent history.

Here is just one example;

Anonymity is a shield from the tyranny of the majority … It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation–and their ideas from suppression–at the hand of an intolerant society.”

McIntyre v. Ohio Elections Comm’n, 514 U.S. 334

The inaccuracy of facial recognition could cause anyone to be misidentified which would introduce the unfortunate person host of unpleasant possibilities.  But, I suppose, it is ‘good enough for government work,’ as they say.  But it gets even worse.

After the initial 18 benchmarks are met, the states will proceed to implement the next 21 benchmarks, step by step enrolling us into a global biometric identity system.

“The main ideology for defining the design of the DL/ID is the minimum acceptable set of requirements to guarantee global interoperability. “

Source: Personal Identification – AAMVA North American Standard – DL/ID Card Design, 2012

Myself as well as many other policy watchers that care to know, have been warning for years that our government intends to use those DL photos, conveniently combined with our personal, biographical information to not just identify us in public absent of any specific, articulable suspicion; they intend to use our facial biometrics to investigate and even predict based on the associated data- whether we are more or less likely to present a threat to government.  As of late, these intentions have been loosed from obscure, seldom read government documents and have been printed in black and white for the world to see.

In addition to scanning mugshots for a match, FBI officials have indicated that they are keen to track a suspect by picking out their face in a crowd.

Another application would be the reverse: images of a person of interest from security cameras or public photos uploaded onto the internet could be compared against a national repository of images held by the FBI. An algorithm would perform an automatic search and return a list of potential hits for an officer to sort through and use as possible leads for an investigation.

New Scientist, September 7, 2012 FBI launches $1 billion face recognition project

And then this-a first-law enforcement admits to using facial recognition on protestors in public.

Computer World: Undercover cops secretly use smartphones, face recognition to spy on crowds

And this one from June 16, 2013,  the Washington Post:

State photo-ID databases become troves for police

Oklahoma residents who prefer to not be enrolled into this biometric identification system ought to be asking their representatives why the state is continuing in the fulfillment of the Real ID Act in spite of the law which clearly expresses the will of the people to not participate in the international biometric identity scheme.

 

The FBI is Aggressively Building Biometric Database, International in Scope

fbi ngi

Kaye Beach

Dec. 26, 2011

FBI’s Next Generation Identification (NGI)

According to the FBI it is official FBI policy to collect “as much biometric data as possible within information technology systems” and to “work aggressively to build biometric databases that are comprehensive and international in scope.” link

“We need to recognize the change that is occurring in society, Society is taking away the privilege of anonymity.”  – Morris Hymes, Head of the ID Assurance Directorate at the Defense Department.

With the FBI’s continuance of their Next Generation Identification project, the United States is rushing headlong into Mr. Hymes’ vision.

“Anonymity is a shield from the tyranny of the majority … It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation–and their ideas from suppression–at the hand of an intolerant society.”

McIntyre v. Ohio Elections Comm’n, 514 U.S.334 (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=514&invol=334), 357 (1995)

Biometrics is enables mass surveillance systems to become unbearably intimate.

“As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations resulting in tactical and strategic situational awareness and intelligence advantage.”

Biometric Enabled Intelligence- The New Frontier in Biometrics by Kimberly Del Greco, 2009 Biometrics Consortium Conference.

Mrs. Del Greco initiated two high profile, multi-million dollar development efforts: “Next Generation Identification” (NGI), which will expand biometric and criminal history capabilities; and “Biometric Interoperability”, which will ensure information sharing between the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and other key biometric-based systems within the Federal Government and international partners. more

FBI Next Generation ID overview ppt

Facts about NGI

-In 2008 Lockheed Martin won a 1 billion dollar contract for the NGI.

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aU8dsjtMXgdo

-NGI will be fully operational in 2014

-This database is international in scope.  Biometrics collected by government officials from is already done so using international standards for the purpose of international sharing.

-The FBI will share data with more than 18,000 local, state, federal, and international agencies. link

-State DMV databases are one of the desired sources of biometrics for the FBI.

FBI Facial Recognition Initiatives

-The database is NOT being built from the biometrics of just criminals or legitimate suspects.  The NGI consolidates two existing databases of biometric information (one from the FBI and one from the Dept. Of Homeland Security) both of which were designed to be independent of each other and not interoperable. The FBI database, IAFIS, being merged with NGI, contains biometric data obtained from civil sources such as attorney bar applications, federal and state employees, and from people who work with children or the elderly so perfectly innocent if not model citizens also are included in the mix.   link

Link

-The FBI intends to supplement the biometric data is already has access to with biometric data from “seized systems” and “open sources”.  That means pictures that are on the internet or ones collected by existing CCTV surveillance cameras.

-The NGI currently contains palmprints, scars, marks, tattoos, voices, irises, and facial measurements but designed to collect even more types of biometrics, such as DNA, in the future.  (Can you imagine being stopped for a traffic violation and on the spot having a DNA sample taken, tested and used to pull up volumes of information about you?  Well, they can. )

-The FBI’s Next Generation ID violates the 1974 Privacy Act provisions which require that federal agencies maintain the records accurately and sets limitation on how and with whom the records can be shared.  The FBI claims that it is exempt from these provisions.

-The FBI has already deployed handheld biometric collection devices to police officers to help build the NGI database.

 And a mobile tool – the Biometric Identification (B-iD) Tools Program – will allow FBI agents to capture and access database photos, fingerprints, iris prints and other biographical data in the field.http://animetrics.com/the-fbis-next-generation-identification-program-helping-law-enforcement-track-and-share-suspect-information-across-state-lines/

March 21, 2011

FBI center takes on $1 billion ID project

Under the system, state and local police officers also will eventually use hand-held devices to scan suspects’ fingerprints and send the images electronically to the FBI center.

“It’s a quick scan to let police officers know if they should let the person go, or take him into custody,” Morris said.

http://wvgazette.com/News/Business/201103211014

Secure Communities, a Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) program collects the biometrics of any person any time that a criminal background check is done.  The purpose, we are told, is to identify those immigrants that are in the U.S. illegally.   That information goes into the  the FBI’s NGI database.  Secure Communities serves the greater goal of the FBI to collect the biometric and personal data of as many individuals as possible in order to populate their growing Next Generation ID database.

“The FBI describes S-Comm as “the first of a number of biometric interoperability systems” that merge into NGI.3 The FOIA documents show that the FBI, and not DHS, was the first federal agency to call for mandatory implementation of S-Comm. The documents further reveal the FBI’s fear that any opt-out for SComm might lead states to rightfully question their participation in NGI.”

“. . .newly disclosed documents expose the FBI’s goal to accumulate a large biometric database that far exceeds its current fingerprint collection, extending to the collection and retention of iris scans and digital photographs to support automated facial recognition scans in real-time.1 NGI aims to impose an automated process linking state and local databases with a federal government biometric data warehouse.”

Read more about Secure Communites and Next Generation ID

States were told they could ‘opt-out’ of the Department of Homeland Security’s Secure Communities but in reality states were only allowed to “opt-out” of receiving information back from federal agencies.  They are still required to send the information collected on individual to the federal government.   The states are being forced to funnel this personal information to DHS and the FBI to be used for purposes entirely out of the scope of Secure Communities.

States can’t opt out of Secure Communities program

The Obama administration has told governors the fingerprint-sharing program that targets criminals in the country illegally does not need their approval to operate in their states.

In Aug. of 2010 the state of Minnesota asserted that the personal and biometric data collected by the state was the property and responsibility of the state and that it was not to be used by the federal government for purposes not expressly permitted by the submitting law enforcement agencies.  The Department of Homeland Security in response to Congressional Questions for the Record that states have no choice about how personal biometric data was used or shared once they shared that data with the federal government.

If it is not somehow perfectly obvious how threatening NGI is to ordinary, law abiding individuals, everyone that has an encounter with law enforcement (as well as those who don’t!) and have their biometric data is collected (not necessarily just those who are arrested) will be included in this grand database which will enable the creation of incredibly detailed dossiers on the population and at a distance tracking and monitoring of individuals not accused or suspected of any crime.  We can expect increasing numbers of  encounters, such as on the street or traffic stops with police using handheld biometric devices for the purpose of feeding the federal government’s insatiable appetite for more and more personal information.

FBI to launch nationwide facial recognition service

Kaye Beach

Oct 9, 2011

This is just the tip of the iceberg….

From NextGov.com

By Aliya Sternstein 10/07/2011

The FBI by mid-January will activate a nationwide facial recognition service in select states that will allow local police to identify unknown subjects in photos, bureau officials told Nextgov.

The federal government is embarking on a multiyear, $1 billion dollar overhaul of the FBI’s existing fingerprint database to more quickly and accurately identify suspects, partly through applying other biometric markers, such as iris scans and voice recordings.

Often law enforcement authorities will “have a photo of a person and for whatever reason they just don’t know who it is [but they know] this is clearly the missing link to our case,” said Nick Megna, a unit chief at the FBI’s criminal justice information services division. The new facial recognition service can help provide that missing link by retrieving a list of mug shots ranked in order of similarity to the features of the subject in the photo.

Read more

Looking Back-A Refresher

A compulsory global biometric identification system for law abiding people is not, will never be justifiable.

Our government seems to have backed off on their denials that Real ID and similar legislation is in fact, a national ID.  But what you should know is that any national ID system is also international.  It’s all about sharing these days and that means with our “international Partners’ too

The following is just a mere sampling of news articles, government documents and sources of information that clearly show the absolute intention to use our state driver’s licenses and the biometric data collected for them, as a an instrument of global identification,  tracking and control.

2003

Viisage receives $12 million award from Oklahoma

FEBRUARY 19, 2003–Viisage Technology Inc. (Littleton, MA; http://www.viisage.com) has been chosen to fulfill the new digital driver’s license contract by the state of Oklahoma’s Department of Public Safety. The contract will include the design, development, and implementation of the statewide secure license production program. The total value of this new multiyear contract is approximately $12 million. Oklahoma is the 19th state to utilize Viisage in the production of identity verification documents and the third state in recent months to give Viisage a major driver’s license contract. The three latest contracts total approximately $35 million. The solution will integrate multiple, advanced identification security features, including FaceEXPLORER facial-recognition software and SAGEM Morpho finger imaging technology

http://tinyurl.com/ViisageOKla

Oklahoma has collected Face, Fingerprint scans and signature biometrics since 2004

Biometric Drivers Licenses Make Debut in Oklahoma

April 20, 2004

SAGEM Morpho, Inc. a proven provider of mission-critical biometric systems and services, announced the successful deployment of biometric technology solutions for the Oklahoma Department Public Safety (DPS) in conjunction with Viisage, a provider of advanced technology identity solutions. SAGEM Morpho will combine its finger imaging recognition technology with Viisage’s facial recognition technology to create accurate biometric records of the state’s approximately four million licensed drivers.  http://www.tmcnet.com/usubmit/2004/apr/1033349.htm

NLETS the International Justice and Public Safety Information Sharing Network, links together every state, local, and federal and International law enforcement (INTERPOL), justice and public safety agency for the purpose of exchanging critical information http://www.nlets.org


2004

The NLETS Candle Project In a related NIJ-funded project, NLETS is working with the American Association of Motor Vehicle Administrators (AAMVA) to standardize critical information from departments of motor vehicles (DMVs) around the country.

The project, entitled Collaboration between AAMVA and NLETS for Driver’s License Exchange (Candle), seeks to develop and deploy standards and solutions to exchange standardized driver and motor vehicle records over the NLETS network.

Candle builds upon the existing NLETS infrastructure, as well as the Web services advancements made in the Aisle project, and seeks to deploy an international capability for driver and motor vehicle exchanges based upon XML standards, greatly increasing the efficiency. . .

The Candle project provides a first step in transitioning AAMVA to a new generation of technology. This effort will result in consolidating interstate DMV transactions into a single standardized service for both the DMV and law enforcement communities.

From The Police Chief, vol. 71, no. 6, June 2004. 
Copyright held by the International Association of Chiefs of Police,
 515 North Washington Street, Alexandria, VA 22314 USA.

AAMVA was directly involved in the crafting of the Real ID Act 2005. In the DHS-published final rules document for the Real ID Act, the AAMVA was referred to as its “hub” and “backbone.”’ UPDATE: Real ID

2006

Source-THE NEW PARADIGM—MERGING LAW ENFORCEMENT AND COUNTERTERRORISM STRATEGIES Secure Cities 2006 http://www.scribd.com/doc/21970726/IACP-Intelligence-Led-Policing-2006-New-Paradigm

2007

SB 474-Oklahoma prohibited participation in the REAL ID in 2007. (So far, 25 states either by law or resolution have done the same) Although Oklahoma lags behind other states in full implementation of Real ID, there is no reason to believe Oklahoma will not eventually come into full compliance with the act.

2007

FBI Seeks to Build Massive Identification System

 The Federal Bureau of Investigation awarded a $1B, 10-year contract to design, develop, document, integrate, test, and deploy the Next Generation Identification (NGI) System to Lockheed Martin. This new database will expand on the current fingerprint-based system; the FBI will increase its collection and storage not only fingerprints but also iris scans, palm prints and facial images.

The FBI is also in talks with the U.K. police to establish a unified database for the tracking of this biometric information.

The UK has said that the new NGI System could easily be integrated with the U.K.’s current Ident1 database

http://epic.org/privacy/biometrics/

2007 News article;

–The Homeland Security Department’s plans for sharing biometric information internationally designed to counter the threat of terrorism — face resistance from domestic privacy advocates and European governments that follow stricter privacy laws that protect personal data.

Senior DHS officials speaking at a recent conference on biometrics and privacy policy outlined the ethical imperative for technical standards that would foster unrestricted biometric data sharing.

Robert Mocny, acting program manager for the U.S. Visitor and Immigrant Status Indicator Technology program, sketched the outline of a Global Security Envelope of internationally shared biometric data that would permanently link individuals with their personal data held by governments and corporations.

“information sharing is appropriate around the world,” and DHS plans to create a “Global Security Envelope of internationally shared biometric data that would permanently link individuals with biometric ID, personal information held by governments and corporations”

—-Robert Mocny

Read more… http://www.gcn.com/print/26_03/43061-1.html

2007 The National Information Sharing Initiative ;

The Bush Administration’s 2007 National Information Sharing Strategy established state and local fusion centers as the federal government’s primary mechanism for collecting and disseminating domestic intelligence. 

The federal government has fueled the growth of these state and local intelligence centers, and has organized them into a national network that feeds information gathered at the local level into the Director of National Intelligence’s Information Sharing Environment (ISE), where it becomes accessible to all participating law enforcement agencies as well as the larger intelligence community. Link

The Biometric Interoperability Program promotes biometric-based information sharing between the Federal Bureau of Investigation’s (FBI) Integrated Automated Fingerprint Identification System (IAFIS) and other federal and international biometric systems.

http://www.biometriccoe.gov/_doc/FBI_CJIS_0808_One%20Pager_8%205x11_BIOMETRICS_v3.pdf

2008 -Fusion Centers Tap Into Personal Databases

Many fusion centers have not shared with the public what databases they use. This was demonstrated in an April 2, 2008 article in The Washington Post titled “Centers Tap into Personal Databases.” It revealed that several fusion centers in the northeast have access to millions of people’s information including unlisted cell phone numbers, insurance claims, driver’s license photographs

–Rebecca Andino, PMP, CIPP/G, president and founder of Highlight Technologies

______________________________

Ann Cavoukian, Ph.D. (Information and Privacy Commissioner for Ontario) and Alex Stoianov, Ph.D. point out that in the not too distant future a person’s unique biometric template could be used as an identifying key to link together all the different databases that contain entries for that person. It would enable someone to build up a complete picture of that individual without their knowledge or consent.

“When the use of biometrics grows, an ordinary person will be enrolled in various biometrically controlled databases, such as travel documents, driver licenses, health care, access control, banking, shopping, etc. Current biometric systems can use the same biometric template for all of them. The template becomes the ultimate unique identifier of the person. This is where biometric data mining comes into effect: the different databases, even if some of them are anonymous, may be linked together to create comprehensive personal profiles for all the users. To do this, no fresh biometric sample is even required. The linking of the databases can be done offline using template-to-template matching, in a very efficient one-to-many mode. The privacy implications explode at this point.”

 

2008

DHS Human Factors Division:  Social-Behavioral Threat Analysis

Mission:

To apply the social, behavioral and physical sciences to improve identification, analysis, and understanding of the threats posed by individuals, groups, and radical movements; to support community preparedness, response, and recovery to catastrophic events; and to advance national security by integrating the human element into homeland security science & technology. http://www.scribd.com/doc/27037194/Behave-Fast-Tsadhs

MONITORING EVERYDAY BEHAVIOR

In April 2008, the Wall Street Journal and the Los Angeles Times both reported on a new Los Angeles Police Department order that compels LAPD officers to begin reporting “suspicious behaviors” in addition to their other duties—creating a stream of “intelligence” about a host of everyday activities that, according to documents, will be fed to the local fusion center.


LAPD Special Order #11, dated March 5, 2008, states that it is the policy of the LAPD to “gather, record, and analyze information of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism,” and includes a list of 65 behaviors LAPD officers “shall” report. The list includes such innocuous, clearly subjective, and First Amendment protected activities as:

– taking measurements

– using binoculars

– taking pictures or video footage “with no apparent esthetic value”

– abandoning vehicle

– drawing diagrams

– taking notes

– espousing extremist views

LAPD’s Program is now the Nationwide SAR Initiative (NSI)

Nationwide SAR Initiative Vision: By 2014, every Federal, State, local, tribal and law enforcement entity operating domestically will participate in a standardized integrated approach to gather, document, process, analyze, and share terrorism-related suspicious activity

28 C.F.R. part 23

28 CRF Part 23 is a US Federal Code that basically says you cannot be entered into a criminal data system unless you are a legitimate suspect.  Not so anymore.

The April 2003 GIWG meeting minutes record approval for the weakening of 28 CFR 23 and note that GIWG member Daniel J. Oates indicated he was excited about the proposed changes to 28 CFR Part 23, specifically the area dealing with changing the reasonable suspicion collection criteria to reasonable indication. If the rule is passed, officers on the street can gather small bits of information that can be entered into an intelligence database. Under the old standard, this could not be done. Read more

28 C.F.R. Part 23 was promulgated pursuant to 42 U.S.C. §3789(g)(c) which requires state and local law enforcement agencies receiving federal funding  to

“…collect, maintain, and disseminate criminal intelligence  information in conformance with policy standards which are  prescribed by the Office of Justice Programs and which are written to  assure that the funding and operation of these systems further the purpose of this chapter and to assure that some systems are not  utilized in violation of the privacy and constitutional rights of individuals.

 

Why did we need 28 CFR 23?dep

The Department of Justice Office of Justice Programs (OJP) in 1993 explained;

“Because criminal intelligence information is both conjectural and subjective in nature, may be widely disseminated through the interagency exchange of information and cannot be accessed by criminal suspects to verify that the information is accurate and complete, the protections and limitations set forth in the regulation are necessary to protect the privacy interests of the subjects and potential suspects of a criminal intelligence system.”

They have decided that now-we are no longer due these legal protections.

It actually took them until 2008 before the desired weakening of federal code was officially achieved

In July  2008, the Department of Justice proposed a rule to amend the primary federal regulation governing criminal intelligence databases (28 CFR Part 23) to expand both what information can be collected by law enforcement agencies, and with whom it may be shared.  (see 73 Fed. Reg. 44673) read more

. . .the Department of Justice has relaxed restrictions on when the Federal Bureau of Investigation can begin investigations, and worked to increase intelligence-sharing among local, state, and federal law enforcement agencies as well as with federal (intelligence) agencies in ways that will compromise civil liberties (through a change in federal regulation 28 C.F.R. part 23).

Read more FBI Guidelines 28 C.F.R. part 23

2008

Comments on proposed amendments to 28 Code of Federal

Regulations Part 23 –

. . .intelligence fusion centers universally claimed  compliance with 28 CFR Part 23 as the appropriate regulation governing the conduct of  their intelligence collection efforts.

The Congressional Research Service reported that “many state and local law enforcement and fusion center staff” expressed concerns regarding sharing law enforcement sensitive information with non-law enforcement personnel including analysts working under contract to the Department of Homeland Security.10

In January 2008 the Director of National Intelligence (DNI) published “functional standards” for suspicious activity reports (SAR) produced by state and local law enforcement.

The DNI standards actually encourage state and local law enforcement to report non-criminal suspicious activities to the intelligence community by defining the scope of suspicious activity as “observed behavior that may be indicative of intelligence gathering or pre-operational planning related to terrorism, criminal, or other illicit intention.”

READ MORE

Oklahoma Information Fusion Center Privacy Policy;

The OIFC may retain information that is based on mere suspicion, such as tips and leads. Suspicious Activity Reports (SAR) information will be retained in the future once the SAR project is finalized and guidelines are issued to Fusion Centers.  http://www.scribd.com/doc/24732421/Oklahoma-Information-Fusion-center-Privacy-Policy

**Please Note-This is NOT a genuine OIFC Notice. If the OIFC files a suspicious activity report on you-You would never know it.

Nationwide Suspicious Activity Reporting Initiative IJIS (Fusion Centers)

http://www.scribd.com/doc/41496999/Nationwide-Suspicious-Activity-Reporting-Initiative-IJIS-Fusion-Centers

NSI

http://www.scribd.com/doc/21970535/Nationwide-SAR-suspicious-activity-reports-Initiative

SAR and Amtrak

http://www.scribd.com/doc/44933611/Nationwide-SAR-Initiative-Partnership-With-Amtrak

Oct. 20, 2008

International Police Organization Proposes Worldwide Facial Recognition System.

An Interpol face-recognition database would permit Interpol member nations to search records containing travelers’ personal biometric information, and could be used in conjunction with travel watch lists.

“There will be such a large role in the future for fingerprints and facial recognition”

— Mark Branchflower, head of Interpol’s fingerprint unit

2009

BIOMETRICS TASK FORCE

http://www.scribd.com/doc/26083198/Army-War-College-Bio-Metrics-Task-Force-April-15-2009

Across All Government Biometric Information Coordination

Collaboration Data Sharing Biometrics Mission Sets Population Census Targeting / Tracking Base & Checkpoint Security Police, Military, & Govt. Official Vetting Border Control / Ports of Entry (POEs) Detainee Operations

2008-2009

Homeland Security Presidential Directive 24, signed in 2008 and revalidated in 2009 by the current administration, mandates that interoperability with respect to biometrics spans the military, civil, and criminal arenas.

http://www.biometrics.dod.mil/Newsletter/issues/2009/Sep/V5issue3.html

FBI delves into DMV photos in search for fugitives

October 12, 2009

RALEIGH, N.C. — In its search for fugitives, the FBI has begun using facial-recognition technology on millions of motorists, comparing driver’s license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes.

The project in North Carolina has already helped nab at least one suspect. Agents are eager to look for more criminals and possibly to expand the effort nationwide. But privacy advocates worry that the method allows authorities to track people who have done nothing wrong.

http://www.publicintelligence.info/fbi-delves-into-dmv-photos-in-search-for-fugitives/

October 13, 2009

According to the AP’s report, the FBI has assembled a panel of experts tasked with standardizing drivers license photos and push use of biometric-mining nationwide. But the value of mining DMV records with the biometric software is limited for one simple reason, expressed perfectly by Marc Rotenberg of the Electronic Privacy Information Center. “We don’t have good photos of terrorists,” he explains.

 “Most of the facial-recognition systems today are built on state DMV records because that’s where the good photos are

http://www.thetruthaboutcars.com/fbi-mining-dmv-photos-for-fugitives

Fusion Centers “fuse” information shared between Military and Civilian forces, Public and Private Institutions, State Federal and International Governments.

September 15, 2009

WASHINGTON – The Department of Homeland Security (DHS) announced Monday that it was giving state and local fusion centers access to the classified military intelligence in Department of Defense (DOD) databases. The federal government has facilitated the growth of a network of fusion centers since 9/11 to expand information collection and sharing practices among law enforcement agencies, the private sector and the intelligence community.

http://www.aclu.org/national-security_technology-and-liberty/fusion-centers-obtain-access-classified-military-intelligen

2009 Biometric Consortium Conference

Biometric Enabled Intelligence has been a powerful tool in the law enforcement community, linking individuals to events, evidence and ultimately to solved crimes. That same concept can make biometrics a so what enabler of military operations, physical security, logical security, and forensic analysis by linking people, places, activities and events.

As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations

Mrs. Del Greco initiated two high profile, multi-million dollar  development efforts: “Next Generation Identification” (NGI), which will expand biometric and criminal history capabilities; and “Biometric Interoperability”, which will ensure information sharing between the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and other key biometric-based systems within the Federal Government and international partners

http://biometrics.org/bc2009/bios/delgreco_k.pdf

 

 Tag!  You’re It!

“Face recognition already exists through photo IDs, which can be used of individuals that are not enrolled”

http://www.scribd.com/doc/44675297/Sensor-Nets-the-Business-of-Surveillance

2010

Stripping Away Anonymity-The Secretary of Defense Funding Doc

“Biometrics technologies can be used to both verify an individual’s claimed identity and, when combined with additional intelligence and/or forensic information, biometrics technologies can establish an unknown individual’s identity, thus stripping away his anonymity. “

“This program will develop the technology that will improve the quality of biometrics derived information provided to the operational forces for the purpose of identifying and classifying anonymous individuals. It will enable execution of a DoD and interagency coordinated biometrics science and technology plan that supports technology transition to acquisition programs in FY10 and the out-years.”

See the document; www.dtic.mil/descriptivesum/Y2010/OSD/0603665D8Z.pdf

 

2010

Biometrics Identity Management Agency (BIMA)

Warfighter, Business, Intelligence, and Security & Law Enforcement

The Department of the Army General Order (DAGO) 2010-06, signed by the Secretary of the Army (SecArmy), redesignated BTF (biometrics task force) as the Biometrics Identity Management Agency (BIMA) on 23 March 2010.

Sept 1, 2010

Get REAL . . .

But open rebellion against REAL ID, which was so heated two or three years ago, has calmed considerably. States are no longer lining up to add themselves to the list of those refusing to fund of implement the federal law’s requirements.

Instead, many state motor vehicle departments are quietly doing the work to meet the law’s initial 18 benchmarks. According to DHS, all but the 14 holdout states say they’ll be able to meet the law’s operational requirements by the end of this year.

Read more

June 22, 2011

Making REAL ID a Reality: Next Steps for Congress

At least 32 states are close to REAL ID material compliance, while a total of 44 states and territories have indicated that they fully intend to meet REAL ID compliance

State unveils new, secure driver’s license

Starting Monday, Alabama residents will be able to obtain a new, more secure form of identification.In compliance with REAL ID Act of 2005, the Alabama De­partment of Public Safety has developed a driver’s license and identification program called STAR I.D. Congress passed the REAL ID Act in re­sponse to acts of terrorism against the United States.

Connecticut to begin controversial Real ID program

Connecticut launched a campaign today to publicize how to obtain a drivers license that meets the stricter verification standards of a federal “Real ID” law passed in 2005, but never implemented in face of objections from two dozen states

And Many. Many more!

Supreme Court to Decide Fate of Anonymity in the USA

Protect Our Right to Anonymity

By JEFFREY ROSEN
Published: September 12, 2011

IN November, the Supreme Court will hear arguments in a case that could redefine the scope of privacy in an age of increasingly ubiquitous surveillance technologies like GPS devices and face-recognition software.

The case, United States v. Jones, concerns a GPS device that the police, without a valid warrant, placed on the car of a suspected drug dealer in Washington, D.C. The police then tracked his movements for a month and used the information to convict him of conspiracy to sell cocaine. The question before the court is whether this violated the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures of our “persons, houses, papers, and effects.”

Read more

Google Confirms It Aims to Own Your Online ID

Kaye Beach

Sept. 2, 2011

The right to anonymity

Anonymous communications have an important place in our political and social discourse.   I have nothing to hide and don’t communicate anonymously online yet still see the option to do so as absolutely vital.

Google+ is a big minus.

Anonymity–the ability to conceal one’s identity while communicating–enables the expression of political ideas, participation in the government process, membership in political associations, and the practice of religious belief without fear of government intimidation or public retaliation  http://epic.org/free_speech/watchtower.html

Article by  Bloomberg Businessweek 

Published August 29, 2011

Amid a furor over Google+’s ban on pseudonymity and anonymity, Google Chairman Eric Schmidt just admitted the company intends to be an ‘identity service”

Ever since Google (GOOG) launched its new Google+ social network, we and others have pointed out that the search giant clearly has more in mind than just providing a nice place for people to share photos of their pets. For one thing, Google needs to tap into the “social signals” that people provide through networks such as Facebook so it can improve its search results. There’s a larger motive, too: As Chairman and former Chief Executive Officer Eric Schmidt admitted during an interview in Edinburgh over the weekend, Google is taking a hard line on the real-name issue because it sees Google+ as an “identity service” or platform on which it can build other products.

Schmidt’s comments came during an interview with Andy Carvin, the National Public Radio digital editor who has become a one-man newswire during the Arab Spring revolutions. Carvin asked the Google chairman about the company’s reasoning for pushing its real-name policies on Google+—a policy that many have criticized (including us) because it excludes potentially valuable viewpoints that might be expressed by political dissidents and others who prefer to remain anonymous. In effect, Schmidt said Google isn’t interested in changing its policies to accommodate those kinds of users: If people want to remain anonymous, he said, then they shouldn’t use Google+.

Google+ is primarily an “identity service”

The Sock Sniffing DOD Expands Biometric Tech and Information Sharing

Kaye Beach

Dec 23, 2010

If you rooted for the commando kilt wearers who dared the TSA to go ahead and touch their junk but are just not up for that degree of raunchy rebellion-may I recommend a nice pair of Fish Flops to confound the soon to be government foot-sniffers?

Actually, the foot odor biometrics isn’t the worst of it.  If you are laughing then read the article.  That will fix it.

U.S. Defense Department Expands Biometrics Technologies, Information Sharing

(FOOT ODOR BIOMETRIC- COMING SOON!)

The various tools used to collect biometrics data on the ground also are due for replacement by next-generation technologies under another program of record designated the Joint Personnel Identification System. This technology potentially could add the capability to gather such data as voice recognition and foot odor identification data. . .
By George I. Seffers, SIGNAL Magazine
October 2010

Agency seeks to replace current methods, conduct more efficient data collaboration among departments.

The U.S. Biometrics Identity Management Agency, an Army agency tasked with coordinating biometrics efforts across the Defense Department, is expanding capabilities and broadening data sharing with other government agencies and coalition partners. The agency, which also operates the department’s premier biometrics database, is coordinating with the departments of Justice, State and Homeland Security to share biometrics data between the three primary databases used by the various departments.

Read more

In case the alphabet soup of agencies engaging in data swapping promiscuity (and foot sniffing) has you a bit confused, the Director of National Intelligence explains:

“So this old distinction between military and non-military intelligence is no longer relevant.” LINK

Really?  I seem to remember something about “separation of powers” or “checks and balances” or something like that…

Ever wonder what us all of this biometric collecting and database combining good for?  ( it isn’t just for sock sniffers)

The Secretary of Defense explains (funding request 2010)

Biometrics technologies can be used to both verify an individual’s claimed identity and, when combined with additional intelligence and/or forensic information, biometrics technologies can establish an unknown individual’s identity, thus stripping away his anonymity. (Emphasis mine)

This program will develop the technology that will improve the quality of biometrics derived information provided to the operational forces for the purpose of identifying and classifying anonymous individuals. It will enable execution of a DoD and interagency coordinated biometrics science and technology plan that supports technology transition to acquisition programs in FY10 and the out-years.
The biometrics science and technology program addresses the technology gaps that preclude our ability to quickly and accurately identify anonymous individuals who threaten our interests, in whatever domain they operate. (Emphasis Mine)

See the document; www.dtic.mil/descriptivesum/Y2010/OSD/0603665D8Z.pdf

Also, if you find foot odor ID intriguing, you won’t want to miss this BO-derous article from WIRED

Army Wants Sensors to Nab Sweaty, Smelly Security Threats

No Place to Hide

Chapter 10 by Robert O’Harrow, Jr.

Congress Wants Legislation to Obtain Prepaid Cell Phone Users’ Identities

Congress wants to remove the possibility of anyone having an anonymous cell phone because some people do or might use it for illegal acts.

Based on this logic, most anything could be be justified!

Guns come to mind and of course the innocent glass bud vase which some people apparently use smoke crack.

I am now terrified to buy little glass vases for my posies for fear I will be pegged as a crack head on a fusion center  SARS report.

June 4, 2010, By Karen Wilkinson, Staff Writer

Since prepaid cell phones don’t require a contract, credit check or identification to purchase them, they are one of the last remaining anonymous communication tools.

Used by the poor, reporters, their sources, whistleblowers, abused spouses and anyone needing an untraceable phone number, they’ve also become the device du jour of drug dealers and terrorists who want to avoid the eyes and ears of law enforcement. While such phones pose problems for police agencies — they can’t be wiretapped as can traditional cell phones and land lines — their purposes are far-reaching.

But this safety net or criminal-enabling device — depending on one’s perspective — may be eliminated if a newly introduced Senate bill passes. A bipartisan pair of Senate leaders recently introduced legislation that would require prepaid cell phone purchasers to present identification and cell phone companies to keep that information on file for 18 months after the phone’s deactivation.

“Although there are many legitimate users of prepaid cell phones, they have also become the communication device of choice for terrorists, drug lords and gang members interested in masking their identities,” stated a press release from Sen. Charles E. Schumer, D-N.Y. “Since they can be purchased and activated without signing a contract or undergoing a credit check, prepaid cell phones provide virtual anonymity.”

Read More;

Papers Please! gives this analysis

Wanna buy a prepaid SIM card? “Papers, please!”

S. 3427, a bill introduced in the Senate this week by Senators Charles E. Schumer (D-NY) and John Cornyn (R-TX),  would require would require ID “verification” as a prerequite to buying a prepaid cell phone or SIM card.

The seller or reseller of the phone or SIM card would be required to collect your personal information (including name, address, date of birth, and for online sales your Social Security number) and all unique identifiers of the phone or SIM card including the including the EMEI or other serial number and the assigned phone number.

For in-person sales, you would have to show government-issued ID credentials in a form to be determined later by the Attorney General.  For online or other non-face-to-face sales, you would also have to provide “Any other personal identifying information that the Attorney General finds, by regulation, to be necessary for purposes of this section.”

The bill would place no limits on the amount or intrusiveness of the information the Attorney General could demand, as long as it is spelled out in regulations.  And there’s nothing in the bill to stop the AG from making the verification requirements so onerous as to amount to a de facto ban on online or mail order sales of prepaid SIM card or cell phones

Read more;

License Plate Scanners Often Paid for by Federal Grants

The Bottom Line on The License Plate Scanner Explosion

Additional local police departments are setting up these systems everyday, often paid for by federal grants or homeland security. It won’t be long before nearly every police vehicle has a license plate scanner on-board. The web of interconnected systems will mean you won’t be able to drive down the road without being scanned, tracked and logged, multiple times.

And all that data will sit… somewhere. It will be simple for your travel patterns to be instantly pulled up, analyzed, compared, and matched with any patterns that someone may deem “suspicious”, for any reason.

Read More

Automatic License Plate Recognition (ALPR) Scanning Systems

Politics made simple!

A primer of sorts; George Orwell’s (not his real identity) Animal Farm

You have to wonder, since anonymity has been effectively prohibited, how many great works will not be written in the future?

http://www.archive.org/details/GeorgeOrwellsanimalFarmRadioAudio