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The United States faces, in the words of British Prime Minister Tony Blair, "a new and deadly virus."1 That virus is "terrorism, whose intent to inflict destruction is unconstrained by human feeling and whose capacity to inflict it is enlarged by technology."2 As the murderous attacks of September 11 painfully demonstrated, this new threat is unlike anything the nation has faced before. The combination of coordinated, well-financed terrorists, willing to sacrifice their lives, potentially armed with weapons of mass destruction, capable of operating within our own borders poses extraordinary risks to our security, as well as to our constitutional freedoms, which could all too easily be compromised in the fight against this new and deadly terrorist threat.
All U.S. agencies with counterterrorism programs that collect or "mine" personal data-such as phone records or Web sites visited-should be required to evaluate the programs' effectiveness, lawfulness, and impacts on privacy. A framework is offered that agencies can use to evaluate such information-based programs, both classified and unclassified. The book urges Congress to re-examine existing privacy law to assess how privacy can be protected in current and future programs and recommends that any individuals harmed by violations of privacy be given a meaningful form of redress. Two specific technologies are examined: data mining and behavioral surveillance. Regarding data mining, the book concludes that although these methods have been useful in the private sector for spotting consumer fraud, they are less helpful for counterterrorism because so little is known about what patterns indicate terrorist activity. Regarding behavioral surveillance in a counterterrorist context, the book concludes that although research and development on certain aspects of this topic are warranted, there is no scientific consensus on whether these techniques are ready for operational use at all in counterterrorism.
This book maps the risk points that are emerging for cross-border corporate transactions in the digital and Internet eras and in the new enforcement environment, and explains the best practices to avert liability in cross-border transactions.