How Long Is Too Long? The 4th Amendment and the Mosaic Theory

Curated on Posted on by Stefaan Verhulst

Law and Liberty Blog: “Volume 8.2 of the NYU Journal of Law and Liberty has been sent to the printer and physical copies will be available soon, but the articles in the issue are already available online here. One article that has gotten a lot of attention so far is by Steven Bellovin, Renee Hutchins, Tony Jebara, and Sebastian Zimmeck titled “When Enough is Enough: Location Tracking, Mosaic Theory, and Machine Learning.” A direct link to the article is here.
The mosaic theory is a modern corollary accepted by some academics – and the D.C. Circuit Court of Appeals in Maynard v. U.S. – as a twenty-first century extension of the Fourth Amendment’s prohibition on unreasonable searches of seizures. Proponents of the mosaic theory argue that at some point enough individual data collections, compiled and analyzed together, become a Fourth Amendment search. Thirty years ago the Supreme Court upheld the use of a tracking device for three days without a warrant, however the proliferation of GPS tracking in cars and smartphones has made it significantly easier for the police to access a treasure trove of information about our location at any given time.
It is easy to see why this theory has attracted some support. Humans are creatures of habit – if our public locations are tracked for a few days, weeks, or a month, it is pretty easy for machines to learn our ways and assemble a fairly detailed report for the government about our lives. Machines could basically predict when you will leave your house for work, what route you will take, when and where you go grocery shopping, all before you even do it, once it knows your habits. A policeman could observe you moving about in public without a warrant of course, but limited manpower will always reduce the probability of continuous mass surveillance. With current technology, a handful of trained experts could easily monitor hundreds of people at a time from behind a computer screen, and gather even more information than most searches requiring a warrant. The Supreme Court indicated a willingness to consider the mosaic theory in U.S. v. Jones, but has yet to embrace it…”

The article in Law & Liberty details the need to determine at which point machine learning creates an intrusion into our reasonable expectations of privacy, and even discusses an experiment that could be run to determine how long data collection can proceed before it is an intrusion. If there is a line at which individual data collection becomes a search, we need to discover where that line is. One of the articles’ authors, Steven Bollovin, has argued that the line is probably at one week – at that point your weekday and weekend habits would be known. The nation’s leading legal expert on criminal law, Professor Orin Kerr, fired back on the Volokh Conspiracy that Bollovin’s one week argument is not in line with previous iterations of the mosaic theory.

Estonian plan for 'data embassies' overseas to back up government databases

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Graeme Burton in Computing: “Estonia is planning to open “data embassies” overseas to back up government databases and to operate government “in the cloud“.
The aim is partly to improve efficiency, but driven largely by fear of invasion and occupation, Jaan Priisalu, the director general of Estonian Information System Authority, told Sky News.
He said: “We are planning to actually operate our government in the cloud. It’s clear also how it helps to protect the country, the territory. Usually when you are the military planner and you are planning the occupation of the territory, then one of the rules is suppress the existing institutions.
“And if you are not able to do it, it means that this political price of occupying the country will simply rise for planners.”
Part of the rationale for the plan, he continued, was fear of attack from Russia in particular, which has been heightened following the occupation of Crimea, formerly in Ukraine.
“It’s quite clear that you can have problems with your neighbours. And our biggest neighbour is Russia, and nowadays it’s quite aggressive. This is clear.”
The plan is to back up critical government databases outside of Estonia so that affairs of state can be conducted in the cloud, even if the country is invaded. It would also have the benefit of keeping government information out of invaders’ hands – provided it can keep its government cloud secure.
According to Sky News, the UK is already in advanced talks about hosting the Estonian government databases and may make the UK the first of Estonia’s data embassies.
Having wrested independence from the Soviet Union in 1991, Estonia has experienced frequent tension with its much bigger neighbour. In 2007, for example, after the relocation of the “Bronze Soldier of Tallinn” and the exhumation of the soldiers buried in a square in the centre of the capital to a military cemetery in April 2007, the country was subject to a prolonged cyber-attack sourced to Russia.
Russian hacker “Sp0Raw” said that the most efficient of the online attacks on Estonia could not have been carried out without the approval of Russian authorities and added that the hackers seemed to act under “recommendations” from parties in government. However, claims by Estonia that the Russian government was directly involved in the attacks were “empty words, not supported by technical data”.
Mike Witt, deputy director of the US Computer Emergency Response Team (CERT), suggested that the distributed denial-of-service (DDOS) attacks, while crippling to the Estonian government at the time, were not significant in scale from a technical standpoint. However, the Estonian government was forced to shut down many of its online operations in response.
At the same time, the Estonian government has been accused of implementing anti-Russian laws and discriminating against its large ethnic Russian population.
Last week, the Estonian government unveiled a plan to allow anyone in the world to apply for “digital citizenship“ of the country, enabling them to use Estonian online services, open bank accounts, and start companies without having to physically reside in the country.”

ShouldWe

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About ShouldWe.org: “ShouldWe is about all of us. We believe people deserve to know not just what decisions are being taken in their name but why.  Our vision is of a world where everyone is able to interrogate policymakers’ arguments by accessing simple information about issues of public policy, and the evidence that supports it.
ShouldWe.org is a non-partisan, crowd-sourced, online guide to policy debates and the evidence which informs them. We serve journalists, analysts and advocates by aggregating the most authoritative policy information, from both sides, in one place. Our mission is to improve democratic scrutiny by resourcing journalists and other active citizens to learn more about the causes and consequences of the decisions which affect our lives.
We are a not-for-profit organisation. Please help us by contributing and editing content, telling your colleagues and friends, and letting us know how we can make ShouldWe.org better.
Learn how to create a ShouldWe page here
Find out how to help ShouldWe in other ways here.
Watch the ShouldWe video here

Transparency Trumps Technology: Reconciling Open Meeting Laws with Modern Technology

Curated on Posted on by Stefaan Verhulst
Note by Cassandra B. Roeder in Wm. & Mary L. Rev: “As technological advances revolutionize communication patterns in the private and public sectors, government actors must consider their reactions carefully. Public representatives may take advantage of modern technology to improve communications with constituents and to operate more efficiently. However, this progress must be made with an eye to complying with certain statutory restrictions placed on public bodies…
This Note will argue that, in order to comply with the spirit and the letter of open meeting laws, public bodies should limit use of modern technology to: (1) providing information and soliciting public feedback through noninteractive websites, and (2) enabling remote participation of public body members at meetings. This Note will then contend that public bodies should not utilize interactive online forums or group e-mails. Although these technologies may offer certain obvious benefits, this Note argues that: (1) they do not comply with current open meeting law requirements, and (2) legislatures should not alter open meeting laws to allow for their use.8 It concludes that although more permissive statutes might lead to an increase in civic participation and government efficiency, these potential gains must be sacrificed in order to preserve transparency, the primary purpose of open meeting laws…”

 

Obama Signs Nation's First 'Open Data' Law

Curated on Posted on by Stefaan Verhulst

William Welsh in Information Week: “President Barack Obama enacted the nation’s first open data law, signing into law on May 9 bipartisan legislation that requires federal agencies to publish their spending data in a standardized, machine-readable format that the public can access through USASpending.gov.
The Digital Accountability and Transparency Act of 2014 (S. 994) amends the eight-year-old Federal Funding Accountability and Transparency Act to make available to the public specific classes of federal agency spending data “with more specificity and at a deeper level than is currently reported,” a White House statement said….
Advocacy groups applauded the bipartisan legislation, which is being heralded the nation’s first open data law and furnishes a legislative mandate for Obama’s one-year-old Open Data Policy.
“The DATA Act will unlock a new public resource that innovators, watchdogs, and citizens can mine for valuable and unprecedented insight into federal spending,” said Hudson Hollister, executive director of the Data Transparency Coalition. “America’s tech sector already has the tools to deliver reliable, standardized, open data. [The] historic victory will put our nation’s open data pioneers to work for the common good.”
The DATA Act requires agencies to establish government-wide standards for financial data, adopt accounting approaches developed by the Recovery Act’s Recovery Accountability and Transparency Board (RATB), and streamline agency reporting requirements.
The DATA Act empowers the Secretary of the Treasury to establish a data analytics center, which is modeled on the successful Recovery Operations Center. The new center will support inspectors general and law enforcement agencies in criminal and other investigations, as well as agency program offices in the prevention of improper payments. Assets of the RATB related to the Recovery Operations Center would transfer to the Treasury Department when the board’s authorization expires.
The treasury secretary and the Director of the White House’s Office of Management and Budget are jointly tasked with establishing the standards required to achieve the goals and objectives of the new statute.
To ensure that agencies comply with the reporting requirements, agency inspectors general will report on the quality and accuracy of the financial data provided to USASpending.gov. The Government Accountability Office also will report on the data quality and accuracy and create a Government-wide assessment of the financial data reported…”

Is Your City’s Crime Data Private Property?

Curated on Posted on by Stefaan Verhulst

Adam Wisnieski at the Crime Report: “In February, the Minneapolis Police Department (MPD) announced it was moving into a new era of transparency and openness with the launch of a new public crime map.
“Crime analysis and mapping data is now in the hands of the city’s citizens,” reads the first line of the press release.
According to the release, the MPD will feed incident report data to RAIDS (Regional Analysis and Information Data Sharing) Online, a nationwide crime map operated by crime analysis software company BAIR Analytics.
Since the announcement, Minneapolis residents have used RAIDS to look at reports of murder, robbery, burglary, assault, rape and other crimes reported in their neighborhoods on a sleek, easy-to-use map, which includes data as recent as yesterday.
On the surface, it’s a major leap forward for transparency in Minneapolis. But some question why the data feed is given exclusively to a single private company.
Transparency advocates argue in fact that the data is not truly in the hands of the city’s residents until citizens can download the raw data so they can analyze, chart or map it on their own.
“For it to actually be open data, it needs to be available to the public in machine readable format,” said Lauren Reid, senior public affairs manager for Code for America, a national non-profit that promotes participation in government through technology.
“Anybody should be able to go download it and read it if they want. That’s open data.”
The Open Knowledge Foundation, a national non-profit that advocates for more government openness, argues open data is important so citizens can participate and engage government in a way that was not possible before.
“Much of the time, citizens are only able to engage with their own governance sporadically — maybe just at an election every 4 or 5 years,” reads the Open Knowledge website. “By opening up data, citizens are enabled to be much more directly informed and involved in decision-making.
“This is more than transparency: it’s about making a full ‘read/write’ society — not just about knowing what is happening in the process of governance, but being able to contribute to it.”.
Minneapolis is not alone.
As Americans demand more information on criminal activity from the government, police departments are flocking to private companies to help them get the information into the public domain.
For many U.S. cities, hooking up with these third-party mapping vendors is the most public their police department has ever been. But the trend has started a messy debate about how “public” the public data actually is.
Outsourcing Makes It Easy
For police departments, outsourcing the presentation of their crime data to a private firm is an easy decision.
Most of the crime mapping sites are free or cost very little. (The Omega Group’s CrimeMapping.com charges between $600 and $2,400 per year, depending on the size of the agency.)
The department chooses what information it wants to provide. Once the system is set up, the data flows to the companies and then to the public without a lot of effort on behalf of the department.
For the most part, the move doesn’t need legislative approval, just a memorandum of understanding. A police department can even fulfill a new law requiring a public crime map by releasing report data through one of these vendors.
Commander Scott Gerlicher of the MPD’s Strategic Information and Crime Analysis Division says the software has saved the department time.
“I don’t think we are entertaining quite as many requests from the media or the public,” he told The Crime Report. “Plus the price was right: it was free.”
The companies that run some of the most popular sites — The Omega Group’s CrimeMapping.com, Public Engines’ CrimeReports and BAIR Analytics’ RAIDS — are in the business of selling crime analysis and mapping software to police departments.
Some departments buy internal software from these companies; though some cities, like Minneapolis, just use RAIDS’ free map and have no contracts with BAIR for internal software.
Susan Smith, director of operations at BAIR Analytics, said the goal of RAIDS is to create one national map that includes all crime reports from across all jurisdictions and departments (state and local police).
For people who live near or at the edge of a city line, finding relevant crime data can be hard.
The MPD’s Gerlicher said that was one reason his department chose RAIDS — because many police agencies in the Minneapolis area had already hooked up with the firm.
The operators of these crime maps say they provide a community service.
“We try to get as many agencies as we possibly can. We truly believe this is a good service for the community,” says Gabriela Coverdale, a marketing director at the Omega Group.
Raw Data ‘Off Limits’
However, the sites do not allow the public to download any of the raw data and prohibit anyone from “scraping,” using a program to automatically pull the data from their maps.
In Minneapolis, the police department continues to post PDFs and excel spreadsheets with data, but only RAIDS gets a feed with the most recent data.
Alan Palazzolo, a Code for America fellow who works as an interactive developer for the online non-profit newspaper MinnPost, used monthly reports from the MPD to build a crime application with a map and geographic-oriented chart of crime in Minneapolis.
Nevertheless, he finds the new tool limiting.
“[The MPD’s] ability to actually put out more data, and more timely data, really opens things up,” he said. “It’s great, but they are not doing that with us.”
According to Palazzolo, the arrangement gives BAIR a market advantage that effectively prevents its data from being used for purposes it cannot control.
“Having granular, complete, and historical data would allow us to do more in-depth analysis,” wrote Palazzolo and Kaeti Hinck in an article in MinnPost last year.
“Granular data would allow us to look at smaller areas,” reads the article. “[N]eighborhoods are a somewhat arbitrary boundary when it comes to crime. Often high crime is isolated to a couple of blocks, but aggregated data does not allow us to explore this.
“More complete data would allow us to look at factors like exact locations, time of day, demographic issues, and detailed categories (like bike theft).”
The question of preference gets even messier when looking at another national crime mapping website called SpotCrime.
Unlike the other third-party mapping sites, SpotCrime is not in the business of selling crime analysis software to police departments. It operates more like a newspaper — a newspaper focused solely on the police blotter pages — and makes money off advertising.
Years ago, SpotCrime requested and received crime report data via e-mail from the Minneapolis Police Department and mapped the data on its website. According to SpotCrime owner Colin Drane, the MPD stopped sending e-mails when terminals were set up in the police department for the public to access the data.
So he instead started going through the painstaking process of transferring data from PDFs the MPD posted online and mapping them.
When the MPD hooked up with RAIDS in February, Drane asked for the same feed and was denied. He says more and more police departments around the country are hooking up with one of his competitors and not giving him the same timely data.
The MPD said it prefers RAIDS over SpotCrime and criticized some of the advertisements on SpotCrime.
“We’re not about supporting ad money,” said Gerlicher.
Drane believes all crime data in every city should be open to everyone, in order to prevent any single firm from monopolizing how the information is presented and used.
“The onus needs to be on the public agencies,” he adds. “They need to be fair with the data and they need to be fair with the public.” he said.
Transparency advocates worry that the trend is going in the opposite direction.
Ohio’s Columbus Police Department, for example, recently discontinued its public crime statistic feed and started giving the data exclusively to RAIDS.
The Columbus Dispatch wrote that the new system had less information than the old…”

United States federal government use of crowdsourcing grows six-fold since 2011

Curated on Posted on by Stefaan Verhulst

at E Pluribus Unum: “Citizensourcing and open innovation can work in the public sector, just as crowdsourcing can in the private sector. Around the world, the use of prizes to spur innovation has been booming for years. The United States of America has been significantly scaling up its use of prizes and challenges to solving grand national challenges since January 2011, when, President Obama signed an updated version of the America COMPETES Act into law.
According to the third congressionally mandated report released by the Obama administration today (PDF/Text), the number of prizes and challenges conducted under the America COMPETES Act has increased by 50% since 2012, 85% since 2012, and nearly six-fold overall since 2011. 25 different federal agencies offered prizes under COMPETES in fiscal year 2013, with 87 prize competitions in total. The size of the prize purses has also grown as well, with 11 challenges over $100,000 in 2013. Nearly half of the prizes conducted in FY 2013 were focused on software, including applications, data visualization tools, and predictive algorithms. Challenge.gov, the award-winning online platform for crowdsourcing national challenges, now has tens of thousands of users who have participated in more than 300 public-sector prize competitions. Beyond the growth in prize numbers and amounts, Obama administration highlighted 4 trends in public-sector prize competitions:

  • New models for public engagement and community building during competitions
  • Growth software and information technology challenges, with nearly 50% of the total prizes in this category
  • More emphasis on sustainability and “creating a post-competition path to success”
  • Increased focus on identifying novel approaches to solving problems

The growth of open innovation in and by the public sector was directly enabled by Congress and the White House, working together for the common good. Congress reauthorized COMPETES in 2010 with an amendment to Section 105 of the act that added a Section 24 on “Prize Competitions,” providing all agencies with the authority to conduct prizes and challenges that only NASA and DARPA has previously enjoyed, and the White House Office of Science and Technology Policy (OSTP), which has been guiding its implementation and providing guidance on the use of challenges and prizes to promote open government.
“This progress is due to important steps that the Obama Administration has taken to make prizes a standard tool in every agency’s toolbox,” wrote Cristin Dorgelo, assistant director for grand challenges in OSTP, in a WhiteHouse.gov blog post on engaging citizen solvers with prizes:

In his September 2009 Strategy for American Innovation, President Obama called on all Federal agencies to increase their use of prizes to address some of our Nation’s most pressing challenges. Those efforts have expanded since the signing of the America COMPETES Reauthorization Act of 2010, which provided all agencies with expanded authority to pursue ambitious prizes with robust incentives.
To support these ongoing efforts, OSTP and the General Services Administration have trained over 1,200 agency staff through workshops, online resources, and an active community of practice. And NASA’s Center of Excellence for Collaborative Innovation (COECI) provides a full suite of prize implementation services, allowing agencies to experiment with these new methods before standing up their own capabilities.

Sun Microsystems co-founder Bill Joy famously once said that “No matter who you are, most of the smartest people work for someone else.” This rings true, in and outside of government. The idea of governments using prizes like this to inspire technological innovation, however, is not reliant on Web services and social media, born from the fertile mind of a Silicon Valley entrepreneur. As the introduction to the third White House prize report  notes:

“One of the most famous scientific achievements in nautical history was spurred by a grand challenge issued in the 18th Century. The issue of safe, long distance sea travel in the Age of Sail was of such great importance that the British government offered a cash award of £20,000 pounds to anyone who could invent a way of precisely determining a ship’s longitude. The Longitude Prize, enacted by the British Parliament in 1714, would be worth some £30 million pounds today, but even by that measure the value of the marine chronometer invented by British clockmaker John Harrison might be a deal.”

Centuries later, the Internet, World Wide Web, mobile devices and social media offer the best platforms in history for this kind of approach to solving grand challenges and catalyzing civic innovation, helping public officials and businesses find new ways to solve old problem. When a new idea, technology or methodology that challenges and improves upon existing processes and systems, it can improve the lives of citizens or the function of the society that they live within….”

Open Government Data Gains Global Momentum

Curated on Posted on by Stefaan Verhulst

Wyatt Kash in Information Week: “Governments across the globe are deepening their strategic commitments and working more closely to make government data openly available for public use, according to public and private sector leaders who met this week at the inaugural Open Government Data Forum in Abu Dhabi, hosted by the United Nations and the United Arab Emirates, April 28-29.

Data experts from Europe, the Middle East, the US, Canada, Korea, and the World Bank highlighted how one country after another has set into motion initiatives to expand the release of government data and broaden its use. Those efforts are gaining traction due to multinational organizations, such as the Open Government Partnership, the Open Data Institute, The World Bank, and the UN’s e-government division, that are trying to share practices and standardize open data tools.
In the latest example, the French government announced April 24 that it is joining the Open Government Partnership, a group of 64 countries working jointly to make their governments more open, accountable, and responsive to citizens. The announcement caps a string of policy shifts, which began with the formal release of France’s Open Data Strategy in May 2011 and which parallel similar moves by the US.
The strategy committed France to providing “free access and reuse of public data… using machine-readable formats and open standards,” said Romain Lacombe, head of innovation for the French prime minister’s open government task force, Etalab. The French government is taking steps to end the practice of selling datasets, such as civil and case-law data, and is making them freely reusable. France launched a public data portal, Data.gouv.fr, in December 2011 and joined a G8 initiative to engage with open data innovators worldwide.
For South Korea, open data is not just about achieving greater transparency and efficiency, but is seen as digital fuel for a nation that by 2020 expects to achieve “ambient intelligence… when all humans and things are connected together,” said Dr. YoungSun Lee, who heads South Korea’s National Information Society Agency.
He foresees open data leading to a shift in the ways government will function: from an era of e-government, where information is delivered to citizens, to one where predictive analysis will foster a “creative government,” in which “government provides customized services for each individual.”
The open data movement is also propelling innovative programs in the United Arab Emirates. “The role of open data in directing economic and social decisions pertaining to investments… is of paramount importance” to the UAE, said Dr. Ali M. Al Khouri, director general of the Emirates Identity Authority. It also plays a key role in building public trust and fighting corruption, he said….”

Findings of the Big Data and Privacy Working Group Review

Curated on Posted on by Stefaan Verhulst

John Podesta at the White House Blog: “Over the past several days, severe storms have battered Arkansas, Oklahoma, Mississippi and other states. Dozens of people have been killed and entire neighborhoods turned to rubble and debris as tornadoes have touched down across the region. Natural disasters like these present a host of challenges for first responders. How many people are affected, injured, or dead? Where can they find food, shelter, and medical attention? What critical infrastructure might have been damaged?
Drawing on open government data sources, including Census demographics and NOAA weather data, along with their own demographic databases, Esri, a geospatial technology company, has created a real-time map showing where the twisters have been spotted and how the storm systems are moving. They have also used these data to show how many people live in the affected area, and summarize potential impacts from the storms. It’s a powerful tool for emergency services and communities. And it’s driven by big data technology.
In January, President Obama asked me to lead a wide-ranging review of “big data” and privacy—to explore how these technologies are changing our economy, our government, and our society, and to consider their implications for our personal privacy. Together with Secretary of Commerce Penny Pritzker, Secretary of Energy Ernest Moniz, the President’s Science Advisor John Holdren, the President’s Economic Advisor Jeff Zients, and other senior officials, our review sought to understand what is genuinely new and different about big data and to consider how best to encourage the potential of these technologies while minimizing risks to privacy and core American values.
Over the course of 90 days, we met with academic researchers and privacy advocates, with regulators and the technology industry, with advertisers and civil rights groups. The President’s Council of Advisors for Science and Technology conducted a parallel study of the technological trends underpinning big data. The White House Office of Science and Technology Policy jointly organized three university conferences at MIT, NYU, and U.C. Berkeley. We issued a formal Request for Information seeking public comment, and hosted a survey to generate even more public input.
Today, we presented our findings to the President. We knew better than to try to answer every question about big data in three months. But we are able to draw important conclusions and make concrete recommendations for Administration attention and policy development in a few key areas.
There are a few technological trends that bear drawing out. The declining cost of collection, storage, and processing of data, combined with new sources of data like sensors, cameras, and geospatial technologies, mean that we live in a world of near-ubiquitous data collection. All this data is being crunched at a speed that is increasingly approaching real-time, meaning that big data algorithms could soon have immediate effects on decisions being made about our lives.
The big data revolution presents incredible opportunities in virtually every sector of the economy and every corner of society.
Big data is saving lives. Infections are dangerous—even deadly—for many babies born prematurely. By collecting and analyzing millions of data points from a NICU, one study was able to identify factors, like slight increases in body temperature and heart rate, that serve as early warning signs an infection may be taking root—subtle changes that even the most experienced doctors wouldn’t have noticed on their own.
Big data is making the economy work better. Jet engines and delivery trucks now come outfitted with sensors that continuously monitor hundreds of data points and send automatic alerts when maintenance is needed. Utility companies are starting to use big data to predict periods of peak electric demand, adjusting the grid to be more efficient and potentially averting brown-outs.
Big data is making government work better and saving taxpayer dollars. The Centers for Medicare and Medicaid Services have begun using predictive analytics—a big data technique—to flag likely instances of reimbursement fraud before claims are paid. The Fraud Prevention System helps identify the highest-risk health care providers for waste, fraud, and abuse in real time and has already stopped, prevented, or identified $115 million in fraudulent payments.
But big data raises serious questions, too, about how we protect our privacy and other values in a world where data collection is increasingly ubiquitous and where analysis is conducted at speeds approaching real time. In particular, our review raised the question of whether the “notice and consent” framework, in which a user grants permission for a service to collect and use information about them, still allows us to meaningfully control our privacy as data about us is increasingly used and reused in ways that could not have been anticipated when it was collected.
Big data raises other concerns, as well. One significant finding of our review was the potential for big data analytics to lead to discriminatory outcomes and to circumvent longstanding civil rights protections in housing, employment, credit, and the consumer marketplace.
No matter how quickly technology advances, it remains within our power to ensure that we both encourage innovation and protect our values through law, policy, and the practices we encourage in the public and private sector. To that end, we make six actionable policy recommendations in our report to the President:
Advance the Consumer Privacy Bill of Rights. Consumers deserve clear, understandable, reasonable standards for how their personal information is used in the big data era. We recommend the Department of Commerce take appropriate consultative steps to seek stakeholder and public comment on what changes, if any, are needed to the Consumer Privacy Bill of Rights, first proposed by the President in 2012, and to prepare draft legislative text for consideration by stakeholders and submission by the President to Congress.
Pass National Data Breach Legislation. Big data technologies make it possible to store significantly more data, and further derive intimate insights into a person’s character, habits, preferences, and activities. That makes the potential impacts of data breaches at businesses or other organizations even more serious. A patchwork of state laws currently governs requirements for reporting data breaches. Congress should pass legislation that provides for a single national data breach standard, along the lines of the Administration’s 2011 Cybersecurity legislative proposal.
Extend Privacy Protections to non-U.S. Persons. Privacy is a worldwide value that should be reflected in how the federal government handles personally identifiable information about non-U.S. citizens. The Office of Management and Budget should work with departments and agencies to apply the Privacy Act of 1974 to non-U.S. persons where practicable, or to establish alternative privacy policies that apply appropriate and meaningful protections to personal information regardless of a person’s nationality.
Ensure Data Collected on Students in School is used for Educational Purposes. Big data and other technological innovations, including new online course platforms that provide students real time feedback, promise to transform education by personalizing learning. At the same time, the federal government must ensure educational data linked to individual students gathered in school is used for educational purposes, and protect students against their data being shared or used inappropriately.
Expand Technical Expertise to Stop Discrimination. The detailed personal profiles held about many consumers, combined with automated, algorithm-driven decision-making, could lead—intentionally or inadvertently—to discriminatory outcomes, or what some are already calling “digital redlining.” The federal government’s lead civil rights and consumer protection agencies should expand their technical expertise to be able to identify practices and outcomes facilitated by big data analytics that have a discriminatory impact on protected classes, and develop a plan for investigating and resolving violations of law.
Amend the Electronic Communications Privacy Act. The laws that govern protections afforded to our communications were written before email, the internet, and cloud computing came into wide use. Congress should amend ECPA to ensure the standard of protection for online, digital content is consistent with that afforded in the physical world—including by removing archaic distinctions between email left unread or over a certain age.
We also identify several broader areas ripe for further study, debate, and public engagement that, collectively, we hope will spark a national conversation about how to harness big data for the public good. We conclude that we must find a way to preserve our privacy values in both the domestic and international marketplace. We urgently need to build capacity in the federal government to identify and prevent new modes of discrimination that could be enabled by big data. We must ensure that law enforcement agencies using big data technologies do so responsibly, and that our fundamental privacy rights remain protected. Finally, we recognize that data is a valuable public resource, and call for continuing the Administration’s efforts to open more government data sources and make investments in research and technology.
While big data presents new challenges, it also presents immense opportunities to improve lives, the United States is perhaps better suited to lead this conversation than any other nation on earth. Our innovative spirit, technological know-how, and deep commitment to values of privacy, fairness, non-discrimination, and self-determination will help us harness the benefits of the big data revolution and encourage the free flow of information while working with our international partners to protect personal privacy. This review is but one piece of that effort, and we hope it spurs a conversation about big data across the country and around the world.
Read the Big Data Report.
See the fact sheet from today’s announcement.“

House passes bill to eliminate wasteful reports

Curated on Posted on by Stefaan Verhulst

Federal Times: “Agencies would stop producing a variety of unnecessary reports, under legislation passed by the House April 28.
The Government Reports Elimination Act would cut reports from across government and save agencies about $1 million over the next five years. The legislation is sponsored by House Oversight and Government Reform Committee chairman Darrell Issa, R-Calif, and by Reps. Gerry Connolly, D-VA., and Rob Woodall, R-Ga. Senators Mark Warner, D-Va., and Sen. Kelly Ayotte, R-N.H., have introduced a companion bill in the Senate.
“Congress relies on accurate, timely reports to inform its spending and policy decisions, but outdated or duplicative reports are simply a waste of government resources,” Issa said in a press release.
Connolly said it is important that Congress leverage every opportunity to streamline or eliminate antiquated reporting requirements in a bipartisan way.
“Enacting our bipartisan legislation will free up precious agency resources, allowing taxpayer dollars to be devoted to operations that are truly mission-critical, high priority functions,” Connolly said.”
Bill at: http://www.cbo.gov/publication/45303