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President Obama has signed off on new security protocols for people flying to the United States, establishing a system that uses intelligence information and assessment of threats to identify passengers who could have links to terrorism. The system, which will be put in place this month, applies only to travelers flying into the United States. Officials said intelligence information from a variety of United States agencies would be made available to foreign airlines, whose employees and security officials would have wide latitude to stop passengers, or not. Currently, the only information typically checked before a passenger boards an airplane is the name, date of birth and nationality — information found in a passport, which is compared against the terror watch lists. But the Homeland Security Department separately already collects much more information on the travel patterns of passengers headed to the United States, including other stops made on the way to an American airport, how the passenger paid for the ticket as well as other details contained in the reservation, like what hotel a passenger might be staying in, or if he or she is traveling alone.

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The federal government has been using its system of border checkpoints to greatly expand a database on travelers entering the country by collecting information on all U.S. citizens crossing by land, compiling data that will be stored for 15 years and may be used in criminal and intelligence investigations. The Border Crossing Information system, disclosed last month by the Department of Homeland Security in a Federal Register notice, ... reflects the growing number of government systems containing personal information on Americans that can be shared for a broad range of law enforcement and intelligence purposes, some of which are exempt from some Privacy Act protections. While international air passenger data has long been captured this way, Customs and Border Protection agents only this year began to log the arrivals of all U.S. citizens across land borders, through which about three-quarters of border entries occur. The volume of people entering the country by land prevented compiling such a database until recently. But the advent of machine-readable identification documents, which the government mandates eventually for everyone crossing the border, has made gathering the information more feasible. Critics say the moves exemplify efforts by the Bush administration in its final months to cement an unprecedented expansion of data gathering for national security and intelligence purposes. The data could be used beyond determining whether a person may enter the United States. For instance, information may be shared with foreign agencies when relevant to their hiring or contracting decisions.

The Justice Department has proposed a new domestic spying measure that would make it easier for state and local police to collect intelligence about Americans, share the sensitive data with federal agencies and retain it for at least 10 years. Law enforcement agencies would be allowed to target groups as well as individuals, and to launch a criminal intelligence investigation based on the suspicion that a target is engaged in terrorism or providing material support to terrorists. They also could share results with a constellation of federal law enforcement and intelligence agencies, and others in many cases. Michael German, policy counsel for the American Civil Liberties Union, said the proposed rule may [permit] police to collect intelligence even when no underlying crime is suspected. German, an FBI agent for 16 years, said easing established limits on intelligence-gathering would lead to abuses against peaceful political dissenters. He pointed to reports in the past six years that undercover New York police officers infiltrated protest groups before the 2004 Republican National Convention; that California state agents eavesdropped on peace, animal rights and labor activists; and that Denver police spied on Amnesty International and others before being discovered. "If police officers no longer see themselves as engaged in protecting their communities from criminals and instead as domestic intelligence agents working on behalf of the CIA, they will be encouraged to collect more information," German said. "It turns police officers into spies on behalf of the federal government."

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Health and life insurance companies have access to a powerful new tool for evaluating whether to cover individual consumers: a health "credit report" drawn from databases containing prescription drug records on more than 200 million Americans. Collecting and analyzing personal health information in commercial databases is a fledgling industry, but one poised to take off as the nation enters the age of electronic medical records. Some insurers have already begun testing systems that tap into not only prescription drug information, but also data about patients held by clinical and pathological laboratories. Privacy and consumer advocates fear [the trend] it is taking place largely outside the scrutiny of federal health regulators and lawmakers. The practice also illustrates how electronic data gathered for one purpose can be used and marketed for another -- often without consumers' knowledge, privacy advocates say. And they argue that although consumers sign consent forms, they effectively have to authorize the data release if they want insurance. "As health care moves into the digital age, there are more and more companies holding vast amounts of patients' health information," said Joy Pritts, research professor at Georgetown University's Health Policy Institute. "Most people don't even know these [companies] exist. Unfortunately the federal health privacy rule does not cover many of them." Tim Sparapani, senior legislative counsel at the American Civil Liberties Union, said, "We've got to stop these practices before the marketplace is fully developed and patients lose all control over their medical information."

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Intelligence centers run by states across the country have access to personal information about millions of Americans, including unlisted cellphone numbers, insurance claims, driver's license photographs and credit reports, according to a document obtained by The Washington Post. One center also has access to top-secret data systems at the CIA, the document shows, though it's not clear what information those systems contain. Dozens of the organizations known as fusion centers were created after the Sept. 11, 2001, terrorist attacks. The centers use law enforcement analysts and sophisticated computer systems to compile, or fuse, disparate tips and clues and pass along the refined information to other agencies. Though officials have publicly discussed the fusion centers' importance to national security, they have generally declined to elaborate on the centers' activities. But a document that lists resources used by the fusion centers shows how a dozen of the organizations in the northeastern United States rely far more on access to commercial and government databases than had previously been disclosed. The list of information resources was part of a survey conducted last year, officials familiar with the effort said. It shows that, like most police agencies, the fusion centers have subscriptions to private information-broker services that keep records about Americans' locations, financial holdings, associates, relatives, firearms licenses and the like. "Fusion centers have grown, really, off the radar screen of public accountability," said Jim Dempsey, vice president for public policy at the Center for Democracy and Technology, a nonpartisan watchdog group in the District. "Congress and the state legislatures need to get a handle over what is going on at all these fusion centers."

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Several thousand law enforcement agencies are creating the foundation of a domestic intelligence system through computer networks that analyze vast amounts of police information. As federal authorities struggled to meet information-sharing mandates after the Sept. 11, 2001 terrorist attacks, police agencies from Alaska and California to the Washington region poured millions of ... records into shared digital repositories called data warehouses, giving investigators and analysts new power to discern links among people, patterns of behavior and other hidden clues. Those network efforts will begin expanding further this month, as some local and state agencies connect to a fledgling Justice Department system called the National Data Exchange, or N-DEx. The expanding police systems illustrate the prominent roles that private companies play in homeland security and counterterrorism efforts. They also underscore how the use of new data -- and data surveillance -- is evolving faster than the public's understanding or the laws intended to check government power and protect civil liberties. Three decades ago, Congress imposed limits on domestic intelligence activity after revelations that the FBI, Army, local police and others had misused their authority for years to build troves of personal dossiers and monitor political activists and other law-abiding Americans. Since those reforms, police and federal authorities have observed a wall between law enforcement information-gathering, relating to crimes and prosecutions, and more open-ended intelligence that relates to national security and [politics]. That wall is fast eroding following the passage of laws expanding surveillance authorities, the push for information-sharing networks, and the expectation that local and state police will play larger roles.

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A little-remarked feature of pending legislation on domestic surveillance has provoked alarm among university and public librarians who say it could allow federal intelligence-gathering on library patrons without sufficient court oversight. Draft House and Senate bills would allow the government to compel any "communications service provider" to provide access to e-mails and other electronic information within the United States. The Justice Department has previously said that "providers" may include libraries, causing three major university and library groups to worry that the government's ability to monitor people targeted for surveillance without a warrant would chill students' and faculty members' online research activities. "It is fundamental that when a user enters the library, physically or electronically," said Jim Neal, the head librarian at Columbia University, "their use of the collections, print or electronic, their communications on library servers and computers, is not going to be subjected to surveillance unless the courts have authorized it." The librarians said their concern about such monitoring is rooted in recent history. In the summer of 2005, FBI agents handed an administrative subpoena called a national security letter (NSL) to a Connecticut librarian, and demanded subscriber, billing and other information on patrons who used a specific computer at a branch library. NSLs can be approved by certain FBI agents without court approval. The agents ordered the librarian to keep the demand secret. But he refused to produce the records, and his employer filed suit, challenging the gag order. A federal judge in September 2005 declared the gag order unconstitutional. The Association of Research Libraries, ... the American Library Association ... and the Association of American Universities ... each say they seek to amend the draft bills to make clear that the term "communications provider" does not include libraries.

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Two new questions arise, courtesy of the latest advancement in cellphone technology: Do you want your friends, family, or colleagues to know where you are at any given time? And do you want to know where they are? Obvious benefits come to mind. Parents can take advantage of the Global Positioning System chips embedded in many cellphones to track the whereabouts of their phone-toting children. And for teenagers and 20-somethings, who are fond of sharing their comings and goings on the Internet, youth-oriented services like Loopt and Buddy Beacon are a natural next step. But ... if G.P.S. [makes] it harder to get lost, new cellphone services are now making it harder to hide. “There are massive changes going on in society, particularly among young people who feel comfortable sharing information in a digital society,” said Kevin Bankston, a staff lawyer at the Electronic Frontier Foundation. “We seem to be getting into a period where people are closely watching each other,” he said. “There are privacy risks we haven’t begun to grapple with.” What if a boss asks an employee to use the service? Almost 55 percent of all mobile phones sold today in the United States have the technology that makes such friend- and family-tracking services possible. Consumers can turn off their service, making them invisible to people in their social-mapping network. Still, the G.P.S. service embedded in the phone means that your whereabouts are not a complete mystery. “There is a Big Brother component,” said Charles S. Golvin, a wireless analyst. “The thinking goes that if my friends can find me, the telephone company knows my location all the time, too.”

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The U.S. government is collecting electronic records on the travel habits of millions of Americans who fly, drive or take cruises abroad, retaining data on the persons with whom they travel or plan to stay, the personal items they carry during their journeys, and even the books that travelers have carried, according to documents obtained by a group of civil liberties advocates and statements by government officials. The personal travel records are meant to be stored for as long as 15 years, [by] the Department of Homeland Security's ... Automated Targeting System. But new details about the information being retained suggest that the government is monitoring the personal habits of travelers more closely than it has previously acknowledged. The details were learned when a group of activists requested copies of official records on their own travel. Those records included a description of a book on marijuana that one of them carried and small flashlights bearing the symbol of a marijuana leaf. Civil liberties advocates have alleged that the type of information preserved by the department raises alarms about the government's ability to intrude into the lives of ordinary people. The millions of travelers whose records are kept by the government are generally unaware of what their records say, and the government has not created an effective mechanism for reviewing the data and correcting any errors, activists said. The activists alleged that the data collection effort, as carried out now, violates the Privacy Act, which bars the gathering of data related to Americans' exercise of their First Amendment rights, such as their choice of reading material or persons with whom to associate. They also expressed concern that such personal data could one day be used to impede their right to travel.

One in three people are expected not to cooperate with identity card checks, Home Office papers from 2004 suggest. The working assumptions were revealed in the documents published by the Department for Work and Pensions under the Freedom of Information laws. They show that the assumption was that the cards, due to be introduced on a voluntary basis from 2008, would become compulsory to own - though not carry - in 2014. Lib Dem MP Mark Oaten had asked for the information to be made public when he was the party's home affairs spokesman in 2004. The department had resisted his request, which came under the Freedom of Information Act. But the department was ordered to release the data by the Information Commissioner - a decision which was subsequently backed by the Information Tribunal.

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The Pentagon has its own domestic spying program. Even its leaders say the outfit may have gone too far. Late on a June afternoon in 2004, a motley group of about 10 peace activists showed up outside the Houston headquarters of Halliburton, the giant military contractor once headed by Vice President Dick Cheney. The demonstrators wore papier-mache masks and handed out free peanut-butter-and-jelly sandwiches to Halliburton employees as they left work. The idea, according to organizer Scott Parkin, was to call attention to allegations that the company was overcharging on a food contract for troops in Iraq. To U.S. Army analysts at the top-secret Counterintelligence Field Activity (CIFA), the peanut-butter protest was regarded as a potential threat to national security. A Defense document shows that Army analysts wrote a report on the Halliburton protest and stored it in CIFA's database. There are now questions about whether CIFA exceeded its authority and conducted unauthorized spying on innocent people and organizations. The deputy Defense secretary now acknowledges that...reports may have contained information on U.S. citizens and groups that never should have been retained. The number of reports with names of U.S. persons could be in the thousands, says a senior Pentagon official.

The Government is creating a system of "mass public surveillance" capable of tracking every adult in Britain without their consent, MPs say. They warn that people who have never committed a crime can be "electronically monitored" without their knowledge. Biometric facial scans, which will be compulsory with ID cards, are to be put on a national database which can then be matched with images from CCTV. The database of faces will enable police and security services to track individuals regardless of whether they have broken the law. CCTV surveillance footage from streets, shops and even shopping centres could be cross-referenced with photographs of every adult in the UK once the ID cards Bill becomes law. Biometric facial scans, iris scans and fingerprints of all adults in the UK will be stored on a national database. Civil liberties groups say the plans are a "dangerous" threat to people's privacy. Mark Oaten, the Liberal Democrat home affairs spokesman, said the plans were being brought in by the Government without informing the public.

Looking for signs of "stress, fear and deception" among the hundreds of passengers shuffling past him at Orlando International Airport one day last month, security screener Edgar Medina immediately focused on four casually dressed men trying to catch a flight to Minneapolis. One of the men, in particular, was giving obvious signs of trying to hide something, Medina said. After obtaining the passengers' ID cards and boarding passes, the Transportation Security Administration officer quickly determined the men were illegal immigrants traveling with fake Florida driver's licenses. They were detained. The otherwise mundane arrests Aug. 13 illustrated an increasingly popular tactic in the government's effort to fight terrorism: detecting lawbreakers or potential terrorists by their behavior. The TSA has embraced the strategy, training 600 of its screeners ... in detection techniques. The TSA's teams are the most publicly acknowledged effort by the government or the private sector to come up with strategies and technology to detect lawbreakers or terrorists before they commit a crime. Other technologies under development or being deployed include machines that detect stress in voices and software that scans video images to match the faces of passengers with those of known terrorists. The government is testing other technology that can see through clothing with ... electromagnetic waves. TSA's growing reliance on detecting behavior and the close study of passengers' expressions concerns civil liberties groups and members of Congress. "The problem is behavioral characteristics will be found where you look for them," said John Reinstein, legal director of the American Civil Liberties Union of Massachusetts.

Across the country, police are using GPS devices to snare [criminal suspects], often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. With the ... ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS ... and that the public will hear little about it. "I've seen them in cases from New York City to small towns -- whoever can afford to get the equipment and plant it on a car," said John Wesley Hall, president of the National Association of Criminal Defense Lawyers. "And of course, it's easy to do. You can sneak up on a car and plant it at any time." Details on how police use GPS usually become public when the use of the device is challenged in court. Leibig said GPS should be held to a different standard because it provides greater detail. "While it may be true that police can conduct surveillance of people on a public street without violating their rights, tracking a person everywhere they go and keeping a computer record of it for days and days without that person knowing is a completely different type of intrusion," he said. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."

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President Bush, again defying Congress, says he has the power to edit the Homeland Security Department's reports about whether it obeys privacy rules while handling background checks, ID cards and watchlists. In the law Bush signed Wednesday, Congress stated no one but the privacy officer could alter, delay or prohibit the mandatory annual report on Homeland Security department activities that affect privacy, including complaints. But Bush, in a signing statement attached to the agency's 2007 spending bill, said he will interpret that section "in a manner consistent with the President's constitutional authority to supervise the unitary executive branch." The American Bar Association and members of Congress have said Bush uses signing statements excessively as a way to expand his power. Bush's signing statement Wednesday challenges several other provisions in the Homeland Security spending bill. Bush, for example, said he'd disregard a requirement that the director of the Federal Emergency Management Agency must have at least five years experience and "demonstrated ability in and knowledge of emergency management and homeland security."

Attorney General Alberto R. Gonzales told the Senate Judiciary Committee on Tuesday that President Bush had personally decided to block the Justice Department ethics unit from examining the role played by government lawyers in approving the National Security Agency's domestic eavesdropping program. Mr. Gonzales made the assertion in response to questioning from Senator Arlen Specter, Republican of Pennsylvania and chairman of the committee. Mr. Specter said the Office of Professional Responsibility at the Justice Department had to call off an investigation into the conduct of department lawyers who evaluated the surveillance program because the unit was denied clearance to review classified documents. Representative Zoe Lofgren...said Tuesday that she was shocked that Mr. Bush had blocked the clearances of lawyers from that office. "The president's latest action shows that he is willing to be personally involved in the cover-up of suspected illegal activity," Ms. Lofgren said.

The attorney general's startling revelation that President Bush personally blocked a Justice Department investigation into the administration's controversial secret domestic spying programs hasn't gotten the attention it deserves. Bush's move -- denying the requisite security clearances to attorneys from the department's ethics office -- is unprecedented in that office's history. It also comes in stark contrast to the enthusiastic way in which security clearances were dished out to...those charged with finding out who leaked information about the program to the press. Time and time again, Bush and his aides have selectively leaked or declassified secret intelligence findings that served their political agenda -- while aggressively asserting the need to keep secret the information that would tend to discredit them. Some legal experts and members of Congress who have questioned the legality of the NSA program said Bush's move to quash the Justice probe represents a politically motivated interference in Justice Department affairs. The government has in effect curtailed an investigation of itself and hardly anyone has noticed. It has not caused much interest in Congress, or on the nation's editorial pages, or the even in the blogosphere, which takes pride in causing a stir about things that should but nobody else has yet taken notice."

Note: As noted in our key summary Building a Brighter Future, "Secrecy leads to control through preventing the exposure of hidden agendas, and through breeding distrust, suspicion, and paranoia in the world."

We bet that former Health and Human Services Secretary Tommy Thompson wishes he had gone to work for Breyers or Hershey's. To set a good example, he's preparing to consume his new company's product--VeriChip Corp's flesh-embedded medical radio chip. "It doesn't cause any pain," he assures us, explaining that a rice-size chip will be inserted into his arm. The chip stores coding that makes the user's health records available worldwide. Hospitals wave a radio wand over the arm to get the info. "People are dying all the time," he says, "because they can't access their medical information overseas."

Only a tiny fraction of Americans – 7 percent, according to a recent survey by The Ponemon Institute – change any behaviors in an effort to preserve their privacy. Few people turn down a discount at toll booths to avoid using the EZ-Pass system that can track automobile movements. And few turn down supermarket loyalty cards. Privacy will remain in the headlines in the months to come, as states implement the federal government’s Real ID Act, which will effectively create a national identification program by requiring new high-tech standards for driver’s licenses and ID cards. The “right to be left alone” is a decidedly conservative -- even Libertarian -- principle. People are now well aware there are video cameras and Internet cookies everywhere, [yet] there is abundant evidence that people live their lives ignorant of the monitoring. People write e-mails and type instant messages they never expect anyone to see. Just ask Mark Foley or even Bill Gates, whose e-mails were a cornerstone of the Justice Department’s antitrust case against Microsoft. It is also impossible to deny that Americans are now being watched more than at any time in history. But there is another point in the discussion about which there is little disagreement: The debate over how much privacy we are willing to give up never occurred.

The Bush administration told a judge in Detroit that the president's warrantless domestic spying is legal and constitutional, but refused to say why. The judge should just take his word for it, the lawyer said, because merely talking about it would endanger America. Today, Senator Arlen Specter wants his Judiciary Committee to take an even more outlandish leap of faith for an administration that has shown it does not deserve it. Mr. Specter wants the committee to approve a bill he drafted that tinkers dangerously with the rules on wiretapping, even though the president has said the law doesn't apply to him anyway, and even though Mr. Specter and most of the panel are just as much in the dark as that judge in Detroit. The bill could well diminish the power of the Foreign Intelligence Surveillance Act, known as FISA, which was passed in 1978 to prevent just the sort of abuse that Mr. Bush's program represents. This is not a time to offer the administration a chance to steamroll Congress into endorsing its decision to ignore the 1978 intelligence act and shred constitutional principles on warrants and on the separation of powers. This is a time for Congress to finally hold Mr. Bush accountable for his extralegal behavior and stop it.

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