Free Expression Groups Want Checks on Data Mining

On Monday, September 26, a number of free expression and civil liberties groups, including the American Booksellers Foundation for Free Expression (ABFFE), faxed a letter to U.S. Senate conferees and potential U.S. House conferees to urge them to support a data mining amendment included in the House version of the USA Patriot Act reauthorization bill. Section 132 of the House legislation, which was introduced by Rep. Howard Berman (D-CA), would require a government-wide survey of those federal programs that use "pattern-based" data mining to identify a "pattern indicating terrorist or criminal activity." The groups urged the conferees to include the amendment in the Conference Committee's final version of the Patriot Act legislation.

Data mining, which is often used in marketing by large corporations, involves the process of querying large storehouses of data in order to identify patterns or relationships that might aid in predicting consumers' behavior or to satisfy a hypothesis about their behavior. Many federal agencies employ this technology for a number of purposes, including "linking disparate and primarily lawful behaviors to identify individuals who are engaging in crime, including acts of terrorism," according to the groups' letter.

In the letter, the organizations explained, "Because this 'pattern-based' data mining can involve governmental monitoring of a wide variety of lawful activities, it raises serious privacy and other civil liberties concerns." Since data mining involves the creation of huge databases of consumer information, the groups argue that it threatens privacy and free speech.

Section 132, the groups' letter noted, "would require the first full cataloging and assessment of government programs that employ this emerging technology. The provision would also require the Justice Department to identify legal impediments, if any, to the use of such technology. "

"Irrespective of your approach to data mining," the organizations stressed, "Congress and the public would be well-served by the systematic Department of Justice survey and report that this amendment would mandate. Such a report renders Congressional oversight of such programs easier."