7 October 2004. Thanks to S.
http://www.wired.com/news/privacy/0,1848,65242,00.html
http://www.wired.com/news/print/0,1294,65242,00.html
Senate Wants Database Dragnet
By Ryan Singel
02:00 AM Oct. 06, 2004 PT
[Excerpt]
The Senate could pass a bill as early as Wednesday evening that would let government counter-terrorist investigators instantly query a massive system of interconnected commercial and government databases that hold billions of records on Americans.
The proposed network is based on the Markle Foundation Task Force's December 2003 report, which envisioned a system that would allow FBI and CIA agents, as well as police officers and some companies, to quickly search intelligence, criminal and commercial databases. The proposal is so radical, the bill allocates $50 million just to fund the system's specifications and privacy policies.
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There is Security in Sharing
Information Network Would Aid Terror Fight
by Zoë Baird and James Barksdale
San Jose Mercury News
August 16, 2004
Today, our government still does not have the information it needs to fight terrorism. And the information it does have is isolated in different agencies, and therefore we cannot see its significance. While the discussion over how to implement the 9/11 Commission's recommendations to restructure the intelligence community is important, another key commission recommendation, creating a "trusted information network" to facilitate better information sharing among our intelligence agencies, needs immediate attention. Implementing such a network would make America safer today.
Read more (113K)
Download Action Plan for Federal Government Development of the SHARE Network (68K)
Download Achieving a Networked Community for Homeland Security (470K)
Read Congressional Testimonies of the Markle Foundation's National Security Task Force Members
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The Senate and Markle proposals appear to be forbidden by FY2005 funding for the Department of Defense:
[Appendix, Budget of the United States Government, Fiscal Year 2005] [Page 322-336] [DOCID:2005_app_mil-13] From the Budget of the U.S., FY 2005 Online via GPO Access [wais.access.gpo.gov] GENERAL PROVISIONS, DEPARTMENT OF DEFENSE [Excerpt] [Sec. 8131. (a) Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available in this or any other Act may be obligated for the Terrorism Information Awareness Program: Provided, That this limitation shall not apply to the program hereby authorized for Processing, analysis, and collaboration tools for counterterrorism foreign intelligence, as described in the Classified Annex accompanying the Department of Defense Appropriations Act, 2004, for which funds are expressly provided in the National Foreign Intelligence Program for counterterrorism foreign intelligence purposes. (b) None of the funds provided for Processing, analysis, and collaboration tools for counterterrorism foreign intelligence shall be available for deployment or implementation except for: [[Page 334]] (1) lawful military operations of the United States conducted outside the United States; or (2) lawful foreign intelligence activities conducted wholly overseas, or wholly against non-United States citizens. (c) In this section, the term ``Terrorism Information Awareness Program'' means the program known either as Terrorism Information Awareness or Total Information Awareness, or any successor program, funded by the Defense Advanced Research Projects Agency, or any other Department or element of the Federal Government, including the individual components of such Program developed by the Defense Advanced Research Projects Agency.]
[Congressional Record: October 5, 2004 (Senate)] [Page S10446-S10458] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr05oc04-161] TEXT OF AMENDMENTS [Excerpt] SA 3972. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 2845, to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert: SEC. 206. INFORMATION SHARING. (a) Definitions.--In this section: (1) Advisory board.--The term ``Advisory Board'' means the Advisory Board on Information Sharing established under subsection (i). (2) Executive council.--The term ``Executive Council'' means the Executive Council on Information Sharing established under subsection (h). (3) Homeland security information.--The term ``homeland security information'' means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to-- (A) the existence, organization, capabilities, plans, intentions, vulnerabilities, [[Page S10452]] means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism; (B) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations; (C) communications of or by such groups or individuals; or (D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals. (4) Network.--The term ``Network'' means the Information Sharing Network described under subsection (c). (b) Findings.--Consistent with the report of the National Commission on Terrorist Attacks upon the United States, Congress makes the following findings: (1) The effective use of information, from all available sources, is essential to the fight against terror and the protection of our homeland. The biggest impediment to all- source analysis, and to a greater likelihood of ``connecting the dots'', is resistance to sharing information. (2) The United States Government has access to a vast amount of information, including not only traditional intelligence but also other government databases, such as those containing customs or immigration information. However, the United States Government has a weak system for processing and using the information it has. (3) In the period preceding September 11, 2001, there were instances of potentially helpful information that was available but that no person knew to ask for; information that was distributed only in compartmented channels, and information that was requested but could not be shared. (4) Current security requirements nurture over- classification and excessive compartmentalization of information among agencies. Each agency's incentive structure opposes sharing, with risks, including criminal, civil, and administrative sanctions, but few rewards for sharing information. (5) The current system, in which each intelligence agency has its own security practices, requires a demonstrated ``need to know'' before sharing. This approach assumes that it is possible to know, in advance, who will need to use the information. An outgrowth of the cold war, such a system implicitly assumes that the risk of inadvertent disclosure outweighs the benefits of wider sharing. Such assumptions are no longer appropriate. Although counterintelligence concerns are still real, the costs of not sharing information are also substantial. The current ``need-to-know'' culture of information protection needs to be replaced with a ``need-to- share'' culture of integration. (6) A new approach to the sharing of intelligence and homeland security information is urgently needed. An important conceptual model for a new ``trusted information network'' is the Systemwide Homeland Analysis and Resource Exchange (SHARE) Network proposed by a task force of leading professionals assembled by the Markle Foundation and described in reports issued in October 2002 and December 2003. (7) No single agency can create a meaningful information sharing system on its own. Alone, each agency can only modernize stovepipes, not replace them. Presidential leadership is required to bring about governmentwide change. (c) Information Sharing Network.-- (1) Establishment.--The President shall establish a trusted information network and secure information sharing environment to promote sharing of intelligence and homeland security information in a manner consistent with national security and the protection of privacy and civil liberties, and based on clearly defined and consistently applied policies and procedures, and valid investigative, analytical or operational requirements. (2) Attributes.--The Network shall promote coordination, communication and collaboration of people and information among all relevant Federal departments and agencies, State, tribal, and local authorities, and relevant private sector entities, including owners and operators of critical infrastructure, by using policy guidelines and technologies that support-- (A) a decentralized, distributed, and coordinated environment that connects existing systems where appropriate and allows users to share information among agencies, between levels of government, and, as appropriate, with the private sector; (B) the sharing of information in a form and manner that facilitates its use in analysis, investigations and operations; (C) building upon existing systems capabilities currently in use across the Government; (D) utilizing industry best practices, including minimizing the centralization of data and seeking to use common tools and capabilities whenever possible; (E) employing an information access management approach that controls access to data rather than to just networks; (F) facilitating the sharing of information at and across all levels of security by using policy guidelines and technologies that support writing information that can be broadly shared; (G) providing directory services for locating people and information; (H) incorporating protections for individuals' privacy and civil liberties; (I) incorporating strong mechanisms for information security and privacy and civil liberties guideline enforcement in order to enhance accountability and facilitate oversight, including-- (i) multifactor authentication and access control; (ii) strong encryption and data protection; (iii) immutable audit capabilities; (iv) automated policy enforcement; (v) perpetual, automated screening for abuses of network and intrusions; and (vi) uniform classification and handling procedures; (J) compliance with requirements of applicable law and guidance with regard to the planning, design, acquisition, operation, and management of information systems; and (K) permitting continuous system upgrades to benefit from advances in technology while preserving the integrity of stored data. (d) Immediate Actions.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Executive Council, shall-- (1) submit to the President and to Congress a description of the technological, legal, and policy issues presented by the creation of the Network described in subsection (c), and the way in which these issues will be addressed; (2) establish electronic directory services to assist in locating in the Federal Government intelligence and homeland security information and people with relevant knowledge about intelligence and homeland security information; and (3) conduct a review of relevant current Federal agency capabilities, including-- (A) a baseline inventory of current Federal systems that contain intelligence or homeland security information; (B) the money currently spent to maintain those systems; and (C) identification of other information that should be included in the Network. (e) Guidelines and Requirements.--As soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall-- (1) in consultation with the Executive Council-- (A) issue guidelines for acquiring, accessing, sharing, and using information, including guidelines to ensure that information is provided in its most shareable form, such as by separating out data from the sources and methods by which that data are obtained; and (B) on classification policy and handling procedures across Federal agencies, including commonly accepted processing and access controls; (2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 211, issue guidelines that-- (A) protect privacy and civil liberties in the development and use of the Network; and (B) shall be made public, unless, and only to the extent that, nondisclosure is clearly necessary to protect national security; and (3) require the heads of Federal departments and agencies to promote a culture of information sharing by-- (A) reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval; and (B) providing affirmative incentives for information sharing, such as the incorporation of information sharing performance measures into agency and managerial evaluations, and employee awards for promoting innovative information sharing practices. (f) Enterprise Architecture and Implementation Plan.--Not later than 270 days after the date of the enactment of this Act, the Director of Management and Budget shall submit to the President and to Congress an enterprise architecture and implementation plan for the Network. The enterprise architecture and implementation plan shall be prepared by the Director of Management and Budget, in consultation with the Executive Council, and shall include-- (1) a description of the parameters of the proposed Network, including functions, capabilities, and resources; (2) a delineation of the roles of the Federal departments and agencies that will participate in the development of the Network, including identification of any agency that will build the infrastructure needed to operate and manage the Network (as distinct from the individual agency components that are to be part of the Network), with the delineation of roles to be consistent with-- (A) the authority of the National Intelligence Director under this Act to set standards for information sharing and information technology throughout the intelligence community; and (B) the authority of the Secretary of Homeland Security and the role of the Department of Homeland Security in coordinating with State, tribal, and local officials and the private sector; (3) a description of the technological requirements to appropriately link and enhance existing networks and a description of the system design that will meet these requirements; (4) an enterprise architecture that-- (A) is consistent with applicable laws and guidance with regard to planning, design, acquisition, operation, and management of information systems; (B) will be used to guide and define the development and implementation of the Network; and [[Page S10453]] (C) addresses the existing and planned enterprise architectures of the departments and agencies participating in the Network; (5) a description of how privacy and civil liberties will be protected throughout the design and implementation of the Network; (6) objective, systemwide performance measures to enable the assessment of progress toward achieving full implementation of the Network; (7) a plan, including a time line, for the development and phased implementation of the Network; (8) total budget requirements to develop and implement the Network, including the estimated annual cost for each of the 5 years following the date of the enactment of this Act; and (9) proposals for any legislation that the Director of Management and Budget determines necessary to implement the Network. (g) Director of Management and Budget Responsible for Information Sharing Across the Federal Government.-- (1) Additional duties and responsibilities.-- (A) In general.--The Director of Management and Budget, in consultation with the Executive Council, shall-- (i) implement and manage the Network; (ii) develop and implement policies, procedures, guidelines, rules, and standards as appropriate to foster the development and proper operation of the Network; and (iii) assist, monitor, and assess the implementation of the Network by Federal departments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to the President and to Congress. (B) Content of policies, procedures, guidelines, rules, and standards.--The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) shall-- (i) take into account the varying missions and security requirements of agencies participating in the Network; (ii) address development, implementation, and oversight of technical standards and requirements; (iii) address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the Homeland Security community and the law enforcement community; (iv) address and facilitate information sharing between Federal departments and agencies and State, tribal and local governments; (v) address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector; (vi) address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and (vii) ensure the protection of privacy and civil liberties. (2) Appointment of principal officer.--Not later than 30 days after the date of the enactment of this Act, the Director of Management and Budget shall appoint, with approval of the President, a principal officer in the Office of Management and Budget whose primary responsibility shall be to carry out the day-to-day duties of the Director specified in this section. The officer shall report directly to the Director of Management and Budget, have the rank of a Deputy Director and shall be paid at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (h) Executive Council on Information Sharing.-- (1) Establishment.--There is established an Executive Council on Information Sharing that shall assist the Director of Management and Budget in the execution of the Director's duties under this Act concerning information sharing. (2) Membership.--The members of the Executive Council shall be-- (A) the Director of Management and Budget, who shall serve as Chairman of the Executive Council; (B) the Secretary of Homeland Security or his designee; (C) the Secretary of Defense or his designee; (D) the Attorney General or his designee; (E) the Secretary of State or his designee; (F) the Director of the Federal Bureau of Investigation or his designee; (G) the National Intelligence Director or his designee; (H) such other Federal officials as the President shall designate; (I) representatives of State, tribal, and local governments, to be appointed by the President; and (J) individuals who are employed in private businesses or nonprofit organizations that own or operate critical infrastructure, to be appointed by the President. (3) Responsibilities.--The Executive Council shall assist the Director of Management and Budget in-- (A) implementing and managing the Network; (B) developing policies, procedures, guidelines, rules, and standards necessary to establish and implement the Network; (C) ensuring there is coordination among departments and agencies participating in the Network in the development and implementation of the Network; (D) reviewing, on an ongoing basis, policies, procedures, guidelines, rules, and standards related to the implementation of the Network; (E) establishing a dispute resolution process to resolve disagreements among departments and agencies about whether particular information should be shared and in what manner; and (F) considering such reports as are submitted by the Advisory Board on Information Sharing under subsection (i)(2). (4) Inapplicability of federal advisory committee act.--The Council shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (5) Reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of Management and Budget, in the capacity of Chair of the Executive Council, shall submit a report to the President and to Congress that shall include-- (A) a description of the activities and accomplishments of the Council in the preceding year; and (B) the number and dates of the meetings held by the Council and a list of attendees at each meeting. (6) Informing the public.--The Executive Council shall-- (A) make its reports to Congress available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and (B) otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law. (i) Advisory Board on Information Sharing.-- (1) Establishment.--There is established an Advisory Board on Information Sharing to advise the President and the Executive Council on policy, technical, and management issues related to the design and operation of the Network. (2) Responsibilities.--The Advisory Board shall advise the Executive Council on policy, technical, and management issues related to the design and operation of the Network. At the request of the Executive Council, or the Director of Management and Budget in the capacity as Chair of the Executive Council, or on its own initiative, the Advisory Board shall submit reports to the Executive Council concerning the findings and recommendations of the Advisory Board regarding the design and operation of the Network. (3) Membership and qualifications.--The Advisory Board shall be composed of no more than 15 members, to be appointed by the President from outside the Federal Government. The members of the Advisory Board shall have significant experience or expertise in policy, technical and operational matters, including issues of security, privacy, or civil liberties, and shall be selected solely on the basis of their professional qualifications, achievements, public stature and relevant experience. (4) Chair.--The President shall designate one of the members of the Advisory Board to act as chair of the Advisory Board. (5) Administrative support.--The Office of Management and Budget shall provide administrative support for the Advisory Board. (j) Reports.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and semiannually thereafter, the President through the Director of Management and Budget shall submit a report to Congress on the state of the Network and of information sharing across the Federal Government. (2) Content.--Each report under this subsection shall include-- (A) a progress report on the extent to which the Network has been implemented, including how the Network has fared on the government-wide and agency-specific performance measures and whether the performance goals set in the preceding year have been met; (B) objective systemwide performance goals for the following year; (C) an accounting of how much was spent on the Network in the preceding year; (D) actions taken to ensure that agencies procure new technology that is consistent with the Network and information on whether new systems and technology are consistent with the Network; (E) the extent to which, in appropriate circumstances, all terrorism watch lists are available for combined searching in real time through the Network and whether there are consistent standards for placing individuals on, and removing individuals from, the watch lists, including the availability of processes for correcting errors; (F) the extent to which unnecessary roadblocks, impediments, or disincentives to information sharing, including the inappropriate use of paper-only intelligence products and requirements for originator approval, have been eliminated; (G) the extent to which positive incentives for information sharing have been implemented; (H) the extent to which classified information is also made available through the Network, in whole or in part, in unclassified form; (I) the extent to which State, tribal, and local officials-- (i) are participating in the Network; (ii) have systems which have become integrated into the Network; (iii) are providing as well as receiving information; and (iv) are using the Network to communicate with each other; (J) the extent to which-- [[Page S10454]] (i) private sector data, including information from owners and operators of critical infrastructure, is incorporated in the Network; and (ii) the private sector is both providing and receiving information; (K) where private sector data has been used by the Government or has been incorporated into the Network-- (i) the measures taken to protect sensitive business information; and (ii) where the data involves information about individuals, the measures taken to ensure the accuracy of such data; (L) the measures taken by the Federal Government to ensure the accuracy of other information on the Network and, in particular, the accuracy of information about individuals; (M) an assessment of the Network's privacy and civil liberties protections, including actions taken in the preceding year to implement or enforce privacy and civil liberties protections and a report of complaints received about interference with an individual's privacy or civil liberties; and (N) an assessment of the security protections of the Network. (k) Agency Responsibilities.--The head of each department or agency possessing or using intelligence or homeland security information or otherwise participating in the Network shall-- (1) ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and standards established for the Network under subsections (c) and (g); (2) ensure the provision of adequate resources for systems and activities supporting operation of and participation in the Network; and (3) ensure full agency or department cooperation in the development of the Network and associated enterprise architecture to implement governmentwide information sharing, and in the management and acquisition of information technology consistent with applicable law. (l) Agency Plans and Reports.--Each Federal department or agency that possesses or uses intelligence and homeland security information, operates a system in the Network or otherwise participates, or expects to participate, in the Network, shall submit to the Director of Management and Budget-- (1) not later than 1 year after the date of the enactment of this Act, a report including-- (A) a strategic plan for implementation of the Network's requirements within the department or agency; (B) objective performance measures to assess the progress and adequacy of the department or agency's information sharing efforts; and (C) budgetary requirements to integrate the agency into the Network, including projected annual expenditures for each of the following 5 years following the submission of the report; and (2) annually thereafter, reports including-- (A) an assessment of the progress of the department or agency in complying with the Network's requirements, including how well the agency has performed on the objective measures developed under paragraph (1)(B); (B) the agency's expenditures to implement and comply with the Network's requirements in the preceding year; and (C) the agency's or department's plans for further implementation of the Network in the year following the submission of the report. (m) Periodic Assessments.-- (1) Comptroller general.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and periodically thereafter, the Comptroller General shall evaluate the implementation of the Network, both generally and, at the discretion of the Comptroller General, within specific departments and agencies, to determine the extent of compliance with the Network's requirements and to assess the effectiveness of the Network in improving information sharing and collaboration and in protecting privacy and civil liberties, and shall report to Congress on the findings of the Comptroller General. (B) Information available to the comptroller general.--Upon request by the Comptroller General, information relevant to an evaluation under subsection (a) shall be made available to the Comptroller General under section 716 of title 31, United States Code. (C) Consultation with congressional committees.--If a record is not made available to the Comptroller General within a reasonable time, before the Comptroller General files a report under section 716(b)(1) of title 31, United States Code, the Comptroller General shall consult with the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives concerning the Comptroller's intent to file a report. (2) Inspectors general.--The Inspector General in any Federal department or agency that possesses or uses intelligence or homeland security information or that otherwise participates in the Network shall, at the discretion of the Inspector General-- (A) conduct audits or investigations to-- (i) determine the compliance of that department or agency with the Network's requirements; and (ii) assess the effectiveness of that department or agency in improving information sharing and collaboration and in protecting privacy and civil liberties; and (B) issue reports on such audits and investigations. (n) Authorization of Appropriations.--There are authorized to be appropriated-- (1) $50,000,000 to the Director of Management and Budget to carry out this section for fiscal year 2005; and (2) such sums as are necessary to carry out this section in each fiscal year thereafter, to be disbursed and allocated in accordance with the Network implementation plan required by subsection (f). ______