Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws

Publication Date: March 2003

Publisher: Library of Congress. Congressional Research Service

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Research Area: Media, telecommunications, and information

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Abstract:

This report describes the Total Information Awareness (TIA) programs in the Defense Research Projects Agency (DARPA) of the Department of Defense, and related information access, collection, and protection laws. TIA is a new technology under development that plans to use data mining technologies to sift through personal transactions in electronic data to find patterns and associations connected to terrorist threats and activities. Data mining technologies are currently used by federal agencies for various purposes. DARPA has underway a five year research project to develop and integrate information technologies into a prototype system or systems to identify foreign terrorists for use by the intelligence, counterintelligence, law enforcement, and homeland security communities. Recent increased awareness about the existence of the TIA project provoked expressions of concern about the potential for the invasion of privacy of law-abiding citizens by the Government, and about the direction of the project by John Poindexter, a central figure in the Iran-Contra affair. While the law enforcement and intelligence communities argue that more sophisticated information gathering techniques are essential to combat today's sophisticated terrorists, civil libertarians worry that the Government's increased capability to assemble information will result in increased and unchecked government power, and the erosion of individual privacy. A coalition of public interest groups has asked Congress to intervene.

Significant information policy and legal issues are raised by the government's TIA plans. Chief among them are privacy issues involving questions of access to, and use and disclosure of personal information by the federal government. This report describes current laws and safeguards to protect the privacy of personal information, the required legal process for officials who seek access to information, and the provisions currently in place that permit access and dissemination of information for law enforcement, intelligence, and terrorism purposes. Federal laws currently protect government, credit, communications, education, bank, cable, video, motor vehicle, health, telecommunications, children's, and financial information; generally carve out exceptions for disclosure of personal information; and authorize use of warrants, subpoenas, and court orders to obtain information.

Some Members of Congress seek additional Congressional oversight of TIA programs. Legislation has been introduced in the 108th Congress regulating TIA programs. On January 23, 2003 the Senate passed amendment S.Amdt. 59 to H.J.Res. 2, the Omnibus Appropriations Act for Fiscal Year 2003, imposing limitations on the unfolding Total Information Awareness programs, and requiring a detailed report to Congress. On February 13, 2003, both the House and Senate approved the Fiscal Year 2003 omnibus spending bill including, with slight modifications, the language from S.Amdt. 59. For more information, see CRS Congressional Distribution Memorandum on Funding for Total Information Awareness programs by Amy Belasco. This report will be updated as warranted.