A recent report from a leading intelligence agency reveals that the U.S. intelligence community routinely obtains a significant amount of personal data belonging to Americans. The report highlights the privacy and counterintelligence concerns arising from the vast pool of sensitive information available online, which can be accessed by both U.S. government agencies and foreign adversaries.
According to the report, commercially available information, known as CAI, has the potential to expose personal attributes, private behavior, social connections, and speech of both U.S. and non-U.S. individuals. If left unchecked, this information can be abused to invade privacy, damage reputations, cause emotional distress, and threaten personal safety. The report suggests that even with appropriate controls, the government’s power to intrude into private lives may surpass constitutional traditions and societal expectations.
Compiled by the Office of the Director of National Intelligence, the report was written by an expert panel directed by Avril Haines, the director of national intelligence. It was declassified and made publicly available earlier this month.
The report acknowledges that the market for online data is rapidly evolving and expanding, providing substantial information on American citizens that can be acquired in bulk. Even anonymized data can be cross-referenced to reveal specific individuals’ information. Essentially, CAI contains highly sensitive details that were previously only obtainable through targeted and legitimate collection methods, and it can potentially harm an individual’s reputation, emotional well-being, and physical safety.
Various types of data, such as social media content, digital transactions, and smartphone software for medical, travel, facial recognition, and geolocation services, are readily available for purchase. This data can be utilized to identify individuals associated with protests or specific religious activities. Adversaries can also exploit it to identify U.S. military or intelligence personnel or create profiles on public figures.
The report recommends that the intelligence community establish standardized guidelines for acquiring and utilizing online data. Losing access to certain datasets would put the intelligence community at a significant disadvantage compared to foreign adversaries. Thus, developing refined policies to govern the acquisition and treatment of CAI is crucial for maintaining a balance between intelligence gathering and individual privacy and civil liberties.
In response to the report, Avril Haines expressed the intelligence community’s commitment to developing a framework to regulate the use of such data. Once finalized, the community aims to make this framework as publicly available as possible to ensure transparency. Haines emphasized the importance of sharing information about the intelligence community’s activities with the American people.
During her confirmation hearing in 2021, Haines had already promised to assess the intelligence community’s use of commercial data. She reiterated her commitment to releasing the findings earlier this year. Senator Ron Wyden of Oregon, addressing the potential implications of the government’s access to commercial data, called for legislative action to establish safeguards against government surveillance and to restrict private companies from collecting and selling personal data that could end up in the hands of adversaries.
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