7 October 2004. Thanks to S.

http://www.wired.com/news/privacy/0,1848,65242,00.html

http://www.wired.com/news/print/0,1294,65242,00.html

Senate Wants Database Dragnet

By Ryan Singel 

02:00 AM Oct. 06, 2004 PT

[Excerpt]

The Senate could pass a bill as early as Wednesday evening that would let government counter-terrorist investigators instantly query a massive  system of interconnected commercial and government databases that hold billions of records on Americans.

The proposed network is based on the Markle Foundation Task Force's December 2003 report, which envisioned a system that would allow FBI and CIA agents, as well as police officers and some companies, to quickly search intelligence, criminal and commercial databases. The proposal is so radical, the bill allocates $50 million just to fund the system's specifications and privacy policies.

______________

http://www.markle.org/

There is Security in Sharing

Information Network Would Aid Terror Fight

by Zoë Baird and James Barksdale

San Jose Mercury News

August 16, 2004

Today, our government still does not have the information it needs to fight terrorism. And the information it does have is isolated in different agencies, and therefore we cannot see its significance. While the discussion over how to implement the 9/11 Commission's recommendations to restructure the intelligence community is important, another key commission recommendation, creating a "trusted information network" to facilitate better information sharing among our intelligence agencies, needs immediate attention. Implementing such a network would make America safer today.

Read more (113K)

Download Action Plan for Federal Government Development of the SHARE Network (68K)

Download Achieving a Networked Community for Homeland Security (470K)

Read Congressional Testimonies of the Markle Foundation's National Security Task Force Members

_____________

The Senate and Markle proposals appear to be forbidden by FY2005 funding for the Department of Defense:

[Appendix, Budget of the United States Government, Fiscal Year 2005]
[Page 322-336]
[DOCID:2005_app_mil-13]                         
From the Budget of the U.S., FY 2005 Online via GPO Access
[wais.access.gpo.gov]

 
                GENERAL PROVISIONS, DEPARTMENT OF DEFENSE

[Excerpt]

    [Sec. 8131. (a) Notwithstanding any other provision of law, none of 
the funds appropriated or otherwise made available in this or any other 
Act may be obligated for the Terrorism Information Awareness Program: 
Provided, That this limitation shall not apply to the program hereby 
authorized for Processing, analysis, and collaboration tools for 
counterterrorism foreign intelligence, as described in the Classified 
Annex accompanying the Department of Defense Appropriations Act, 2004, 
for which funds are expressly provided in the National Foreign 
Intelligence Program for counterterrorism foreign intelligence purposes.
    (b) None of the funds provided for Processing, analysis, and 
collaboration tools for counterterrorism foreign intelligence shall be 
available for deployment or implementation except for:

[[Page 334]]

        (1) lawful military operations of the United States conducted 
    outside the United States; or
        (2) lawful foreign intelligence activities conducted wholly 
    overseas, or wholly against non-United States citizens.
    (c) In this section, the term ``Terrorism Information Awareness 
Program'' means the program known either as Terrorism Information 
Awareness or Total Information Awareness, or any successor program, 
funded by the Defense Advanced Research Projects Agency, or any other 
Department or element of the Federal Government, including the 
individual components of such Program developed by the Defense Advanced 
Research Projects Agency.]


[Congressional Record: October 5, 2004 (Senate)]
[Page S10446-S10458]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr05oc04-161]


                           TEXT OF AMENDMENTS

[Excerpt]

  SA 3972. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 2845, to reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes; which was ordered to lie on the
table; as follows:

       At the appropriate place, insert:

     SEC. 206. INFORMATION SHARING.

       (a) Definitions.--In this section:
       (1) Advisory board.--The term ``Advisory Board'' means the
     Advisory Board on Information Sharing established under
     subsection (i).
       (2) Executive council.--The term ``Executive Council''
     means the Executive Council on Information Sharing
     established under subsection (h).
       (3) Homeland security information.--The term ``homeland
     security information'' means all information, whether
     collected, produced, or distributed by intelligence, law
     enforcement, military, homeland security, or other activities
     relating to--
       (A) the existence, organization, capabilities, plans,
     intentions, vulnerabilities,

[[Page S10452]]

     means of finance or material support, or activities of
     foreign or international terrorist groups or individuals, or
     of domestic groups or individuals involved in transnational
     terrorism;
       (B) threats posed by such groups or individuals to the
     United States, United States persons, or United States
     interests, or to those of other nations;
       (C) communications of or by such groups or individuals; or
       (D) groups or individuals reasonably believed to be
     assisting or associated with such groups or individuals.
       (4) Network.--The term ``Network'' means the Information
     Sharing Network described under subsection (c).
       (b) Findings.--Consistent with the report of the National
     Commission on Terrorist Attacks upon the United States,
     Congress makes the following findings:
       (1) The effective use of information, from all available
     sources, is essential to the fight against terror and the
     protection of our homeland. The biggest impediment to all-
     source analysis, and to a greater likelihood of ``connecting
     the dots'', is resistance to sharing information.
       (2) The United States Government has access to a vast
     amount of information, including not only traditional
     intelligence but also other government databases, such as
     those containing customs or immigration information. However,
     the United States Government has a weak system for processing
     and using the information it has.
       (3) In the period preceding September 11, 2001, there were
     instances of potentially helpful information that was
     available but that no person knew to ask for; information
     that was distributed only in compartmented channels, and
     information that was requested but could not be shared.
       (4) Current security requirements nurture over-
     classification and excessive compartmentalization of
     information among agencies. Each agency's incentive structure
     opposes sharing, with risks, including criminal, civil, and
     administrative sanctions, but few rewards for sharing
     information.
       (5) The current system, in which each intelligence agency
     has its own security practices, requires a demonstrated
     ``need to know'' before sharing. This approach assumes that
     it is possible to know, in advance, who will need to use the
     information. An outgrowth of the cold war, such a system
     implicitly assumes that the risk of inadvertent disclosure
     outweighs the benefits of wider sharing. Such assumptions are
     no longer appropriate. Although counterintelligence concerns
     are still real, the costs of not sharing information are also
     substantial. The current ``need-to-know'' culture of
     information protection needs to be replaced with a ``need-to-
     share'' culture of integration.
       (6) A new approach to the sharing of intelligence and
     homeland security information is urgently needed. An
     important conceptual model for a new ``trusted information
     network'' is the Systemwide Homeland Analysis and Resource
     Exchange (SHARE) Network proposed by a task force of leading
     professionals assembled by the Markle Foundation and
     described in reports issued in October 2002 and December
     2003.
       (7) No single agency can create a meaningful information
     sharing system on its own. Alone, each agency can only
     modernize stovepipes, not replace them. Presidential
     leadership is required to bring about governmentwide change.
       (c) Information Sharing Network.--
       (1) Establishment.--The President shall establish a trusted
     information network and secure information sharing
     environment to promote sharing of intelligence and homeland
     security information in a manner consistent with national
     security and the protection of privacy and civil liberties,
     and based on clearly defined and consistently applied
     policies and procedures, and valid investigative, analytical
     or operational requirements.
       (2) Attributes.--The Network shall promote coordination,
     communication and collaboration of people and information
     among all relevant Federal departments and agencies, State,
     tribal, and local authorities, and relevant private sector
     entities, including owners and operators of critical
     infrastructure, by using policy guidelines and technologies
     that support--
       (A) a decentralized, distributed, and coordinated
     environment that connects existing systems where appropriate
     and allows users to share information among agencies, between
     levels of government, and, as appropriate, with the private
     sector;
       (B) the sharing of information in a form and manner that
     facilitates its use in analysis, investigations and
     operations;
       (C) building upon existing systems capabilities currently
     in use across the Government;
       (D) utilizing industry best practices, including minimizing
     the centralization of data and seeking to use common tools
     and capabilities whenever possible;
       (E) employing an information access management approach
     that controls access to data rather than to just networks;
       (F) facilitating the sharing of information at and across
     all levels of security by using policy guidelines and
     technologies that support writing information that can be
     broadly shared;
       (G) providing directory services for locating people and
     information;
       (H) incorporating protections for individuals' privacy and
     civil liberties;
       (I) incorporating strong mechanisms for information
     security and privacy and civil liberties guideline
     enforcement in order to enhance accountability and facilitate
     oversight, including--
       (i) multifactor authentication and access control;
       (ii) strong encryption and data protection;
       (iii) immutable audit capabilities;
       (iv) automated policy enforcement;
       (v) perpetual, automated screening for abuses of network
     and intrusions; and
       (vi) uniform classification and handling procedures;
       (J) compliance with requirements of applicable law and
     guidance with regard to the planning, design, acquisition,
     operation, and management of information systems; and
       (K) permitting continuous system upgrades to benefit from
     advances in technology while preserving the integrity of
     stored data.
       (d) Immediate Actions.--Not later than 90 days after the
     date of the enactment of this Act, the Director of the Office
     of Management and Budget, in consultation with the Executive
     Council, shall--
       (1) submit to the President and to Congress a description
     of the technological, legal, and policy issues presented by
     the creation of the Network described in subsection (c), and
     the way in which these issues will be addressed;
       (2) establish electronic directory services to assist in
     locating in the Federal Government intelligence and homeland
     security information and people with relevant knowledge about
     intelligence and homeland security information; and
       (3) conduct a review of relevant current Federal agency
     capabilities, including--
       (A) a baseline inventory of current Federal systems that
     contain intelligence or homeland security information;
       (B) the money currently spent to maintain those systems;
     and
       (C) identification of other information that should be
     included in the Network.
       (e) Guidelines and Requirements.--As soon as possible, but
     in no event later than 180 days after the date of the
     enactment of this Act, the President shall--
       (1) in consultation with the Executive Council--
       (A) issue guidelines for acquiring, accessing, sharing, and
     using information, including guidelines to ensure that
     information is provided in its most shareable form, such as
     by separating out data from the sources and methods by which
     that data are obtained; and
       (B) on classification policy and handling procedures across
     Federal agencies, including commonly accepted processing and
     access controls;
       (2) in consultation with the Privacy and Civil Liberties
     Oversight Board established under section 211, issue
     guidelines that--
       (A) protect privacy and civil liberties in the development
     and use of the Network; and
       (B) shall be made public, unless, and only to the extent
     that, nondisclosure is clearly necessary to protect national
     security; and
       (3) require the heads of Federal departments and agencies
     to promote a culture of information sharing by--
       (A) reducing disincentives to information sharing,
     including overclassification of information and unnecessary
     requirements for originator approval; and
       (B) providing affirmative incentives for information
     sharing, such as the incorporation of information sharing
     performance measures into agency and managerial evaluations,
     and employee awards for promoting innovative information
     sharing practices.
       (f) Enterprise Architecture and Implementation Plan.--Not
     later than 270 days after the date of the enactment of this
     Act, the Director of Management and Budget shall submit to
     the President and to Congress an enterprise architecture and
     implementation plan for the Network. The enterprise
     architecture and implementation plan shall be prepared by the
     Director of Management and Budget, in consultation with the
     Executive Council, and shall include--
       (1) a description of the parameters of the proposed
     Network, including functions, capabilities, and resources;
       (2) a delineation of the roles of the Federal departments
     and agencies that will participate in the development of the
     Network, including identification of any agency that will
     build the infrastructure needed to operate and manage the
     Network (as distinct from the individual agency components
     that are to be part of the Network), with the delineation of
     roles to be consistent with--
       (A) the authority of the National Intelligence Director
     under this Act to set standards for information sharing and
     information technology throughout the intelligence community;
     and
       (B) the authority of the Secretary of Homeland Security and
     the role of the Department of Homeland Security in
     coordinating with State, tribal, and local officials and the
     private sector;
       (3) a description of the technological requirements to
     appropriately link and enhance existing networks and a
     description of the system design that will meet these
     requirements;
       (4) an enterprise architecture that--
       (A) is consistent with applicable laws and guidance with
     regard to planning, design, acquisition, operation, and
     management of information systems;
       (B) will be used to guide and define the development and
     implementation of the Network; and

[[Page S10453]]

       (C) addresses the existing and planned enterprise
     architectures of the departments and agencies participating
     in the Network;
       (5) a description of how privacy and civil liberties will
     be protected throughout the design and implementation of the
     Network;
       (6) objective, systemwide performance measures to enable
     the assessment of progress toward achieving full
     implementation of the Network;
       (7) a plan, including a time line, for the development and
     phased implementation of the Network;
       (8) total budget requirements to develop and implement the
     Network, including the estimated annual cost for each of the
     5 years following the date of the enactment of this Act; and
       (9) proposals for any legislation that the Director of
     Management and Budget determines necessary to implement the
     Network.
       (g) Director of Management and Budget Responsible for
     Information Sharing Across the Federal Government.--
       (1) Additional duties and responsibilities.--
       (A) In general.--The Director of Management and Budget, in
     consultation with the Executive Council, shall--
       (i) implement and manage the Network;
       (ii) develop and implement policies, procedures,
     guidelines, rules, and standards as appropriate to foster the
     development and proper operation of the Network; and
       (iii) assist, monitor, and assess the implementation of the
     Network by Federal departments and agencies to ensure
     adequate progress, technological consistency and policy
     compliance; and regularly report the findings to the
     President and to Congress.
       (B) Content of policies, procedures, guidelines, rules, and
     standards.--The policies, procedures, guidelines, rules, and
     standards under subparagraph (A)(ii) shall--
       (i) take into account the varying missions and security
     requirements of agencies participating in the Network;
       (ii) address development, implementation, and oversight of
     technical standards and requirements;
       (iii) address and facilitate information sharing between
     and among departments and agencies of the intelligence
     community, the Department of Defense, the Homeland Security
     community and the law enforcement community;
       (iv) address and facilitate information sharing between
     Federal departments and agencies and State, tribal and local
     governments;
       (v) address and facilitate, as appropriate, information
     sharing between Federal departments and agencies and the
     private sector;
       (vi) address and facilitate, as appropriate, information
     sharing between Federal departments and agencies with foreign
     partners and allies; and
       (vii) ensure the protection of privacy and civil liberties.
       (2) Appointment of principal officer.--Not later than 30
     days after the date of the enactment of this Act, the
     Director of Management and Budget shall appoint, with
     approval of the President, a principal officer in the Office
     of Management and Budget whose primary responsibility shall
     be to carry out the day-to-day duties of the Director
     specified in this section. The officer shall report directly
     to the Director of Management and Budget, have the rank of a
     Deputy Director and shall be paid at the rate of pay payable
     for a position at level III of the Executive Schedule under
     section 5314 of title 5, United States Code.
       (h) Executive Council on Information Sharing.--
       (1) Establishment.--There is established an Executive
     Council on Information Sharing that shall assist the Director
     of Management and Budget in the execution of the Director's
     duties under this Act concerning information sharing.
       (2) Membership.--The members of the Executive Council shall
     be--
       (A) the Director of Management and Budget, who shall serve
     as Chairman of the Executive Council;
       (B) the Secretary of Homeland Security or his designee;
       (C) the Secretary of Defense or his designee;
       (D) the Attorney General or his designee;
       (E) the Secretary of State or his designee;
       (F) the Director of the Federal Bureau of Investigation or
     his designee;
       (G) the National Intelligence Director or his designee;
       (H) such other Federal officials as the President shall
     designate;
       (I) representatives of State, tribal, and local
     governments, to be appointed by the President; and
       (J) individuals who are employed in private businesses or
     nonprofit organizations that own or operate critical
     infrastructure, to be appointed by the President.
       (3) Responsibilities.--The Executive Council shall assist
     the Director of Management and Budget in--
       (A) implementing and managing the Network;
       (B) developing policies, procedures, guidelines, rules, and
     standards necessary to establish and implement the Network;
       (C) ensuring there is coordination among departments and
     agencies participating in the Network in the development and
     implementation of the Network;
       (D) reviewing, on an ongoing basis, policies, procedures,
     guidelines, rules, and standards related to the
     implementation of the Network;
       (E) establishing a dispute resolution process to resolve
     disagreements among departments and agencies about whether
     particular information should be shared and in what manner;
     and
       (F) considering such reports as are submitted by the
     Advisory Board on Information Sharing under subsection
     (i)(2).
       (4) Inapplicability of federal advisory committee act.--The
     Council shall not be subject to the requirements of the
     Federal Advisory Committee Act (5 U.S.C. App.).
       (5) Reports.--Not later than 1 year after the date of the
     enactment of this Act, and annually thereafter, the Director
     of Management and Budget, in the capacity of Chair of the
     Executive Council, shall submit a report to the President and
     to Congress that shall include--
       (A) a description of the activities and accomplishments of
     the Council in the preceding year; and
       (B) the number and dates of the meetings held by the
     Council and a list of attendees at each meeting.
       (6) Informing the public.--The Executive Council shall--
       (A) make its reports to Congress available to the public to
     the greatest extent that is consistent with the protection of
     classified information and applicable law; and
       (B) otherwise inform the public of its activities, as
     appropriate and in a manner consistent with the protection of
     classified information and applicable law.
       (i) Advisory Board on Information Sharing.--
       (1) Establishment.--There is established an Advisory Board
     on Information Sharing to advise the President and the
     Executive Council on policy, technical, and management issues
     related to the design and operation of the Network.
       (2) Responsibilities.--The Advisory Board shall advise the
     Executive Council on policy, technical, and management issues
     related to the design and operation of the Network. At the
     request of the Executive Council, or the Director of
     Management and Budget in the capacity as Chair of the
     Executive Council, or on its own initiative, the Advisory
     Board shall submit reports to the Executive Council
     concerning the findings and recommendations of the Advisory
     Board regarding the design and operation of the Network.
       (3) Membership and qualifications.--The Advisory Board
     shall be composed of no more than 15 members, to be appointed
     by the President from outside the Federal Government. The
     members of the Advisory Board shall have significant
     experience or expertise in policy, technical and operational
     matters, including issues of security, privacy, or civil
     liberties, and shall be selected solely on the basis of their
     professional qualifications, achievements, public stature and
     relevant experience.
       (4) Chair.--The President shall designate one of the
     members of the Advisory Board to act as chair of the Advisory
     Board.
       (5) Administrative support.--The Office of Management and
     Budget shall provide administrative support for the Advisory
     Board.
       (j) Reports.--
       (1) In general.--Not later than 1 year after the date of
     the enactment of this Act, and semiannually thereafter, the
     President through the Director of Management and Budget shall
     submit a report to Congress on the state of the Network and
     of information sharing across the Federal Government.
       (2) Content.--Each report under this subsection shall
     include--
       (A) a progress report on the extent to which the Network
     has been implemented, including how the Network has fared on
     the government-wide and agency-specific performance measures
     and whether the performance goals set in the preceding year
     have been met;
       (B) objective systemwide performance goals for the
     following year;
       (C) an accounting of how much was spent on the Network in
     the preceding year;
       (D) actions taken to ensure that agencies procure new
     technology that is consistent with the Network and
     information on whether new systems and technology are
     consistent with the Network;
       (E) the extent to which, in appropriate circumstances, all
     terrorism watch lists are available for combined searching in
     real time through the Network and whether there are
     consistent standards for placing individuals on, and removing
     individuals from, the watch lists, including the availability
     of processes for correcting errors;
       (F) the extent to which unnecessary roadblocks,
     impediments, or disincentives to information sharing,
     including the inappropriate use of paper-only intelligence
     products and requirements for originator approval, have been
     eliminated;
       (G) the extent to which positive incentives for information
     sharing have been implemented;
       (H) the extent to which classified information is also made
     available through the Network, in whole or in part, in
     unclassified form;
       (I) the extent to which State, tribal, and local
     officials--
       (i) are participating in the Network;
       (ii) have systems which have become integrated into the
     Network;
       (iii) are providing as well as receiving information; and
       (iv) are using the Network to communicate with each other;
       (J) the extent to which--

[[Page S10454]]

       (i) private sector data, including information from owners
     and operators of critical infrastructure, is incorporated in
     the Network; and
       (ii) the private sector is both providing and receiving
     information;
       (K) where private sector data has been used by the
     Government or has been incorporated into the Network--
       (i) the measures taken to protect sensitive business
     information; and
       (ii) where the data involves information about individuals,
     the measures taken to ensure the accuracy of such data;
       (L) the measures taken by the Federal Government to ensure
     the accuracy of other information on the Network and, in
     particular, the accuracy of information about individuals;
       (M) an assessment of the Network's privacy and civil
     liberties protections, including actions taken in the
     preceding year to implement or enforce privacy and civil
     liberties protections and a report of complaints received
     about interference with an individual's privacy or civil
     liberties; and
       (N) an assessment of the security protections of the
     Network.
       (k) Agency Responsibilities.--The head of each department
     or agency possessing or using intelligence or homeland
     security information or otherwise participating in the
     Network shall--
       (1) ensure full department or agency compliance with
     information sharing policies, procedures, guidelines, rules,
     and standards established for the Network under subsections
     (c) and (g);
       (2) ensure the provision of adequate resources for systems
     and activities supporting operation of and participation in
     the Network; and
       (3) ensure full agency or department cooperation in the
     development of the Network and associated enterprise
     architecture to implement governmentwide information sharing,
     and in the management and acquisition of information
     technology consistent with applicable law.
       (l) Agency Plans and Reports.--Each Federal department or
     agency that possesses or uses intelligence and homeland
     security information, operates a system in the Network or
     otherwise participates, or expects to participate, in the
     Network, shall submit to the Director of Management and
     Budget--
       (1) not later than 1 year after the date of the enactment
     of this Act, a report including--
       (A) a strategic plan for implementation of the Network's
     requirements within the department or agency;
       (B) objective performance measures to assess the progress
     and adequacy of the department or agency's information
     sharing efforts; and
       (C) budgetary requirements to integrate the agency into the
     Network, including projected annual expenditures for each of
     the following 5 years following the submission of the report;
     and
       (2) annually thereafter, reports including--
       (A) an assessment of the progress of the department or
     agency in complying with the Network's requirements,
     including how well the agency has performed on the objective
     measures developed under paragraph (1)(B);
       (B) the agency's expenditures to implement and comply with
     the Network's requirements in the preceding year; and
       (C) the agency's or department's plans for further
     implementation of the Network in the year following the
     submission of the report.
       (m) Periodic Assessments.--
       (1) Comptroller general.--
       (A) In general.--Not later than 1 year after the date of
     the enactment of this Act, and periodically thereafter, the
     Comptroller General shall evaluate the implementation of the
     Network, both generally and, at the discretion of the
     Comptroller General, within specific departments and
     agencies, to determine the extent of compliance with the
     Network's requirements and to assess the effectiveness of the
     Network in improving information sharing and collaboration
     and in protecting privacy and civil liberties, and shall
     report to Congress on the findings of the Comptroller
     General.
       (B) Information available to the comptroller general.--Upon
     request by the Comptroller General, information relevant to
     an evaluation under subsection (a) shall be made available to
     the Comptroller General under section 716 of title 31, United
     States Code.
       (C) Consultation with congressional committees.--If a
     record is not made available to the Comptroller General
     within a reasonable time, before the Comptroller General
     files a report under section 716(b)(1) of title 31, United
     States Code, the Comptroller General shall consult with the
     Select Committee on Intelligence of the Senate, the Permanent
     Select Committee on Intelligence of the House of
     Representatives, the Committee on Governmental Affairs of the
     Senate, and the Committee on Government Reform of the House
     of Representatives concerning the Comptroller's intent to
     file a report.
       (2) Inspectors general.--The Inspector General in any
     Federal department or agency that possesses or uses
     intelligence or homeland security information or that
     otherwise participates in the Network shall, at the
     discretion of the Inspector General--
       (A) conduct audits or investigations to--
       (i) determine the compliance of that department or agency
     with the Network's requirements; and
       (ii) assess the effectiveness of that department or agency
     in improving information sharing and collaboration and in
     protecting privacy and civil liberties; and
       (B) issue reports on such audits and investigations.
       (n) Authorization of Appropriations.--There are authorized
     to be appropriated--
       (1) $50,000,000 to the Director of Management and Budget to
     carry out this section for fiscal year 2005; and
       (2) such sums as are necessary to carry out this section in
     each fiscal year thereafter, to be disbursed and allocated in
     accordance with the Network implementation plan required by
     subsection (f).
                                 ______