Statement Of Senator Patrick Leahy
On The Data-Mining Reporting Act Of 2003, S.1544
April 22, 2004

[Below is a statement from Senator Patrick Leahy, D-Vt., co-sponsor of the Data-Mining Reporting Act of 2003, which would require all federal agencies to report to Congress on their use and experience with data-mining technology. A Dear Colleague letter from Senators Feingold and Leahy that was sent Thursday enlisting support for the measure follows.]

I am pleased to join my friend, Senator Feingold of Wisconsin, in cosponsoring the bill he has introduced, the Data-Mining Reporting Act of 2003, S.1544.  This bill is important because it would ensure Congress’ ability to fulfill its constitutional oversight obligation to assess how federal departments and agencies are using data-mining technology, to ensure that these uses are effective and cost-efficient, and to ensure that they do not undermine the privacy and the civil liberties of the American people.

This bill does not end any existing data-mining project or seek to regulate data-mining.  It does not foreclose data-mining as a useful, effective tool for enhancing law enforcement and national security.  It simply requires federal departments and agencies to communicate with Congress about what they are doing.  This bill is about shedding a little sunshine on government data-mining programs.  The American people deserve to know what kind of information is gathered about them and how federal agencies intend to store and use it.

We are in a new age of technology-driven micro-monitoring.  Many of our commonplace daily activities and transactions are now captured and stored as digital data.  At the same time, sophisticated databases and network technology have greatly enhanced the ability to gather, store, distribute, manipulate and assess these digital trails that we leave behind in our daily lives.  The combination of these two trends is a product much more powerful than individual data entries.  It is a virtual digital diary of people’s lives, including records about where we travel and shop, what we buy, where we live and where we go, how much we earn and spend, who we talk to, what doctors we visit, and how much we contribute to charities or to political campaigns.

This is an extraordinary ability that brings with it a need for extraordinary responsibility.  It certainly should not be used by the government in secret and shielded from public and congressional scrutiny.  The ill-fated Total Information Awareness (TIA) program is a leading example of how not to approach the use of citizens’ data and data-mining technology.  Given questions about that program’s effectiveness and intrusive nature, Congress appropriately withdrew funding for TIA.  But that is by no means the end of our oversight responsibilities in this area.  Numerous reports indicate that aspects of TIA were merely farmed out to disparate operations and agencies, and that they continue today.  In addition, other departments and agencies have pursued their own data collection and analysis projects, like CAPPS II and MATRIX. 

We have a responsibility to remain vigilant in our scrutiny of these programs.  The Data-Mining Reporting Act simply provides us the necessary oversight information to carry out this responsibility.  It offers a dose of sunshine to help Congress’ oversight of the unprecedented mixture of these powerful new technologies that have great potential to help make us more secure, but also to make us less free.  The Data-Mining Reporting Act deserves prompt attention and action.

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April 22, 2004

Dear Colleague,

We write regarding the Data-Mining Reporting Act of 2003, S. 1544.  The bill addresses the controversial intelligence procedure known as data-mining.  The bill would require all federal agencies to report to Congress on their use and experience with data-mining but in the interim would not impose any limits on the use of data-mining.  This legislation will enable Congress to engage in effective oversight of federal agencies using this emerging technology.  It is important that Congress and the American people have the opportunity to evaluate the scope and effectiveness of data-mining technologies that permit access to, and assessments of, highly personal information, like credit reports and medical records.

We are in a new age where technologies allow for the massive collection, manipulation and assessment of personal information in sophisticated databases.  It is possible that these databases may assist law enforcement.  But while it is important to provide law enforcement the necessary tools to secure our safety, if left unchecked, the collection of this data and the use of data-mining technologies could threaten the privacy and civil liberties of each and every American.  Congressional oversight is an important part of preventing this outcome.  Yet time and time again, Congress has learned about a data-mining program only after millions of dollars have been spent and implementation is underway.  The CAPPS II and MATRIX programs illustrate this problem.  Both programs have laudable goals: we need an effective passenger screening system, and information sharing is important for law enforcement.  But the failure to inform Congress and the public in a timely manner and to consider adequate protections has set back these programs.  We need to have law enforcement programs, but we need to do it right. 

The Data-Mining Reporting Act of 2003 would require all federal agencies to report to Congress within 90 days and every year thereafter on data-mining programs used to find a pattern indicating terrorist or other criminal activity and how these programs implicate the civil liberties and privacy of all Americans.   If necessary, information in the reports can be classified. 

This bill does not end funding for any program, determine the rules for use of the technology, or threaten any ongoing investigation that uses data-mining technology.  It merely gives Congress necessary information about the current data-mining plans and practices of the federal government, including what steps are being taken to ensure adequate protections of personal information.  With these reports, Congress will be able to conduct a thorough review of the costs and benefits of the practice of data-mining on a program by program basis and make considered judgments about which programs should go forward and which should not.  Simply put, this bill ensures that Congress is able to fulfill its oversight responsibilities. 

We hope that you will join us in cosponsoring the Data-Mining Reporting Act of 2003, S. 1544.  If you have questions or would like to cosponsor this legislation, please contact Alex Busansky (4-1864) or Lisa Anderson (4-4134).

Sincerely,

RUSSELL D. FEINGOLD                                                    PATRICK LEAHY
United States Senator                                                           United States Senator

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