of rules and procedures established to cover known and anticipated situations, to be concerned with unanticipated situations and circumstances.

Oversight can occur at the planning stage to approve intended operations, during execution to monitor performance, and retrospectively to assess previous performance so as to guide future improvements. Effective oversight may help to improve trust in government agencies and enhance compliance with stated policy.

1.9
THE NEED FOR A RATIONAL ASSESSMENT PROCESS

In the years since the September 11, 2001, attacks, the U.S. government has initiated a variety of information-based counterterrorist programs that involved data mining as an important component. It is fair to say that a number of these programs, including the Total Information Awareness program and the Computer-Assisted Passenger Prescreening System II (CAPPS II), generated significant controversy and did not meet the test of public acceptability, leaving aside issues of technical feasibility and effectiveness.

Such outcomes raise the question of whether the nature and character of the debate over these and similar programs could have been any different if policy makers had addressed in advance some of the difficult questions raised by a program. Although careful consideration of the privacy impact of new technologies is necessary even before a program seriously enters the research stage, it is interesting and important to consider questions in two categories: effectiveness and consistency with U.S. laws and values.

The threshold consideration of any privacy-sensitive technology is whether it is effective toward a clearly defined law enforcement or national security purpose. The question of effectiveness must be assessed through rigorous testing guided by scientific standards. Research on the question of how large-scale data analytical techniques, including data mining, could help the intelligence community identify potential terrorists is certainly a reasonable endeavor. Assuming that the initial scientific research justifies additional effort based on the scientific community’s standards of success, that work should continue, but it must be accompanied by a clear method for assessing the reliability of the results.

an identification may depend both on the specific values of the PII in question and on the ability to aggregate data in ways that reduce significantly or even eliminate the anonymity originally promised or implied. Thus, information that previously was not PII may at a later date become PII as new techniques are developed or as other non-PII information becomes available. In short, the definition of PII can easily vary with context. For more discussion, see National Research Council, Engaging Privacy and Information Technology in a Digital Age, The National Academies Press, Washington, D.C., 2007.



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