In what civil liberties advocates call the most
massive database surveillance program in U.S. history, the Multistate Anti-Terrorism
Information Exchange, or Matrix, continues to compile billions of records on
law-abiding citizens and receive federal funding, despite public outcry and
suspicion.
A Florida-based company, Seisint, Inc., created the database shortly after
the terror attacks of Sept. 11, 2001, by combining the company's own commercial
databases with law enforcement records.
Now law enforcement officials in participating states can comb the database
to investigate ordinary crimes and terrorist threats. Matrix contains an unprecedented
amount of information: current and past addresses and phone numbers, arrest
records, real estate information, photographs of neighbors and business associates,
car make, model and color, marriage and divorce records, voter registration
records, hunting and fishing licenses, and more.
For example, a user could identify all brown-haired divorced male residents
of Minneapolis who drive a red Toyota Camry and are registered to vote. The
data can then be displayed in "social networking charts," showing connections
between individuals, photo line-ups and "target maps," according to internal
Seisint documents obtained by The New Standard after a Freedom of Information
Act request by the American Civil Liberties Union (ACLU). One of the documents
boasts, "When enough insignificant data is gathered and analyzed … IT BECOMES
SIGNIFICANT." (original emphasis)
Seisint sells database access to individual states. Sixteen states went through
a pilot program, but after negative media coverage and concern from citizens,
politicians, and even law enforcement officials, all but Florida, Michigan,
Pennsylvania, Connecticut and Ohio have decided to stop using Matrix.
The states that remain show no signs of bowing to public pressure. In Florida,
law enforcement and government officials have become progressively more involved
in the inner workings of Matrix. The supercomputers that hold the data are housed
in Seisint's Boca Raton offices, guarded by Florida state police. The Florida
Department of Law Enforcement acts as "Security Agent" for the system, even
outside the state.
The federal government also plays an active role. In January 2003, Florida
Governor Jeb Bush met with Vice President Dick Cheney to demonstrate how the
program could be used by law enforcement, and to request additional funding.
The Department of Justice gave Seisint $4 million in grants in 2003. The Department
of Homeland Security also provided $8 million to help run Matrix, and, last
year, assumed "managerial oversight and control" of the database, according
to the agreement between the DHS and Seisint.
Civil liberties advocates claim that the Matrix is amassing records on ordinary
people that, in a worse case scenario, could be used to track "suspicious" individuals,
and to round up those likely of committing a crime – before any crime has occurred.
Matrix officials dismiss these claims, arguing that the database is just a faster
way to locate criminals and terrorists.
Bill Shrewsbury, vice president of Seisint, puts it simply. By using Matrix,
he said, "You stop bad people quicker before they hurt someone else. It's that
simple. There's no secrets here."
But the project remains under suspicion from civil liberties and privacy advocates
who have expressed a number of serious concerns, including whether the database
is used to conduct "data mining," a process by which data is searched to identify
potential criminals or terrorists before any crime is committed. Also of concern
is the company's secrecy about precisely what kind of data Matrix includes and
how vulnerable the data is to being stolen, altered or misused by hackers.
Seisint officials have repeatedly denied that the Matrix is used for data mining.
Instead, they say, the Matrix is used to locate potential suspects immediately
after a crime has occurred. For example, in a child kidnapping case, Matrix
could quickly identify all men with sex offender status living in a certain
area who drive a car of a particular make and model.
"Its not like I leave at night, and I've asked the system, 'Hey, find me a
terrorist,' and I come in the next morning and it has ten potential terrorists,"
said Mark Zadra, Chief of Investigations and Officer of Statewide Intelligence
for the Florida Department of Law Enforcement.
However, according to the documents uncovered by the ACLU, Seisint has also
used data for exactly that purpose. Three days after 9/11, Seisint created a
"terrorism quotient" to identify potential terrorists in the general population.
Matrix was still in the development stage, but company officials used "Seisint
artificial intelligence," billions of public records, and public Federal Aviation
Administration information – information Matrix now contains – to conduct the
search.
A January 2003 slide presentation by Seisint lists some of the criteria for
identifying potential terrorists: age and gender, "what they did with their
driver's license," either pilots or associations to pilots, proximity to "dirty
addresses/phone numbers, investigational data, how they shipped, how they received,
social security number anomalies, credit history, and ethnicity."
According to Seisint's presentation, an initial search revealed 120,000 individuals
with a "High Terrorist Factor" score; Seisint gave the list of names to the
INS, FBI, the Secret Service, and the Florida Department of Law Enforcement.
Slides from the presentation state that it led to "several arrests within one
week," and "scores of other arrests." Who was arrested, and whether they were
convicted of or even charged with any actual crime remains unknown.
In addition, the company claims to have identified five of the 9/11 hijackers,
after the fact.
Christopher Calabrese, program counsel for the ACLU's Technology and Liberty
program, questions the usefulness of the search. "They conducted a search based
on information about what already happened," he said. "If it weren't so deadly
serious, it would be silly."
He added, "Somebody speculates on a potential event, and adds another level
of speculation," he said. "What types of activities would be necessary to execute
this type of event? Those people are then de facto suspects of a crime that
has never happened, and that only exists in someone's imagination."
Zadra dismissed these concerns. "We're not profiling anybody," he said. "Law
enforcement has been going through this process for decades."
Shrewsbury tried to distance the terrorist search from Matrix. "We don't use
that component at all," he said. "It's not on Matrix at all." However, the basic
information that was used to conduct the search is still available on Matrix,
and there is no way for the public to know if such searches are being conducted.
The types of data included in Matrix have also worried civil liberties and
privacy activists. Finding out what exactly is in the database has been almost
impossible. While the company states on its website that Seisint does not own
magazine subscription lists, telephone calling records, credit card transactions
or credit report trade line data, the company has refused to open its operations
for verification after requests by Senator Russ Feingold (D-Wisc.) and the ACLU.
Company officials insist that the data is all publicly available, and that
Matrix is just compiling previously available data in a central source. "Since
it's public data, my name is in there. Your name is in there," Zadra said. "It's
just information we already have access to."
However, the company's own documents state that, "The associative links, historical
residential information, and other information, such as an individual's possible
relatives and associates, are deeper and more comprehensive than other commercially
available database systems presently on the market."
Calabrese of the ACLU said using the term "public records" is a misnomer. "It's
not at all clear what that means," he said, adding that Seisint seems to consider
commercially available data to be "public information," though most of the public
does not have access to this data.
In addition, although Matrix currently operates in only five states, it has
driver's license information from 15 states, motor vehicle registration from
12 states, Department of Corrections information from 33 states and sexual offender
information from 27 states, according to Seisint documents.
In some cases, states have sold the data to Seisint. For instance, according
to the ACLU, Ohio sold its driving records to Seisint for $50,073 two years
ago. In other cases, Seisint has presumably purchased this information from
commercial databases, where driver's license data is readily available.
Zadra said Matrix continues to use that information in its searches, even if
it is not obtained directly from a particular state government. "We've had a
lot of states that said, 'I won't participate in Matrix,'" Zadra told The
NewStandard. "I say, 'You are a Matrix participant because you sell your
motor vehicle and criminal information anyway.'"
The security of these billions of records has been among the most persistent
concerns of privacy advocates. If a hacker gained access to the database, the
information gained could be used for dozens of potential purposes, ranging from
simply locating an individual to selling Matrix data to businesses for marketing
purposes.
Although Seisint officials argue that its data is safe, and note that the supercomputers
are housed in a secure room outfitted with motion detectors, cameras, an alarm
system, and an armed guard, many privacy advocates also remain concerned that
the data could still be vulnerable.
They argue that the extensive office security overlooks the main issue. The
data, they say, is most vulnerable in the police stations around the state where
it is used on a daily basis. In Florida, 1,000 law enforcement officials have
access to the Matrix, and privacy activists are concerned that the data there
could be hacked or physically stolen. Zadra dismissed these concerns, insisting
that one would need a login ID and password to access the system, and that all
system activity is logged.
"Step back and think about the scope of this," Calabrese said. "One thousand
[access] licenses, spread out around the state, using the Matrix for God knows
what."
Lee Tien, senior staff attorney at the Electronic Frontier Foundation, a nonprofit
privacy advocacy organization, argues that the majority of security problems
come from "people on the inside, not people on the outside," and that Seisint
does little to prevent this. "I think the presumption has to be that it's not
secure," he said. "Systems that have a lot of people who can have access to
the data are inherently not secure, just based on the numbers."
The ACLU is attempting to pressure the five remaining states to end their contracts
with Seisint; but even if this happened, the information it compiled would still
exist. "Even if you knocked it out completely, it would be pretty easy to reconstruct,"
Calabrese said. "You can't put the genie back in the box."
In the meantime, Zadra attempted to reassure worried citizens. "I could misuse
any one of hundreds of [other] databases," he said. "Granted, [Matrix] would
make it easier and faster because I could get it all out of one space." He paused,
then added, "We're using it for investigative purposes only."