[Infowarrior] - New Markle Report on Information-Sharing

[Richard Forno]

Markle Task Force on National Security in the Information Age Releases Third
Report, "Mobilizing Information to Prevent Terrorism: Accelerating
Development of a Trusted Information Sharing Environment"
Report recommends new concepts that reconcile national security needs with
civil liberties requirements

http://www.markle.org/resources/press_center/press_releases/2006/press_relea
se_07132006.php


Washington, DC (July 13, 2006) - - The Markle Foundation Task Force on
National Security in the Information Age released its third report today
with recommendations on how to reconcile national security needs with civil
liberties requirements. The report offers a new "authorized use" standard
for government handling of legally collected information that bases
authorization to view information on how the information is going to be
used, rather than on the nationality of the subject or the location of
collection. The report also proposes a new risk management approach to
sharing classified information that balances the risk of compromising
classified information with the security risk that can come from failing to
share information with those who need it to understand the threats to
national security. Further, the report identifies examples of technology
that can be used effectively to provide appropriate oversight and
accountability.

In its two previous reports that were incorporated in the information
sharing provisions of the Intelligence Reform and Terrorism Prevention Act
of 2004 and several Executive Orders, the Task Force called for the creation
of a trusted information sharing environment where terrorist-related
information is shared among all the people who need it - at the federal,
state and local level as well as the private sector - with confidence and
accountability for security and civil liberties protections.

Better information sharing is essential in the fight against terrorism. Two
years since the publication of its last report, and nearly five years since
the terrorist attacks of September 11, the Task Force finds that while more
information is being shared, the government still has not taken many key
steps to meet the challenges of sharing information to prevent terrorism
while protecting civil liberties.

"We have consistently said that public trust in a network that uses
personally-identifiable information can only be achieved if government-wide
guidelines for information sharing and privacy protection are established
after open public debate," said Zoe Baird, co-chair of the Task Force and
President of the Markle Foundation.

The Task Force again emphasized the importance of trust in the information
sharing environment. Government agencies must trust each other with
sensitive information, and the American people must trust their government
to use information in a manner that protects their privacy and civil
liberties.

The report calls for renewed leadership by the President and Congress to
accelerate the process already underway. "Persistent leadership in the
implementation and strong oversight of the operation of information sharing
systems is required from all branches to accelerate the creation of a
trusted information sharing environment" said James Barksdale, Co-Chair of
the Task Force.

To help implement a trusted information sharing environment, the Task Force
recommends the adoption of:

    * An "authorized use" standard to determine who should have access to
information the government has lawfully collected based on the use to which
they will put the information rather than its place of collection. "The
borderless nature of the threat has rendered unworkable some of the old
rules on sharing lawfully collected information. Under the authorized use
approach we propose, each agency can get the information it needs to pursue
a clearly articulated mission, subject to auditing to ensure accountability
and protect privacy," says Jim Dempsey of the Center for Democracy and
Technology and a member of the Task Force. The rules for the authorized use
standard should be developed through open public debate. The current
outdated standards for sharing and accessing information based on
nationality and place of collection have caused confusion and in some cases
produced a rigidity that impedes desirable information sharing without
protecting civil liberties. The Task Force recommends an "authorized use"
standard based on well-defined missions for participants in the information
sharing environment.
    * A "risk management" approach to classification that better balances
the risks of inappropriate disclosure with the risks of failing to share
information. Current classification procedures are frequently a barrier to
effective information sharing because they overemphasize the risks of
inadvertent disclosure over those of failure to share information. To avoid
this situation, the Task force recommends a new risk management approach to
classification that gives adequate weight to the risks of not sharing
information.
    * Clear guidelines for sharing information while protecting civil
liberties. "Government-wide policies, processes and guidelines that
facilitate information sharing and provide trust by empowering and
constraining users should be developed as well as the technology solution we
have suggested," says Bill Crowell of the Task Force. "The guidelines should
clarify agency missions and address the requisite security, civil liberties
and privacy protections." Every government agency and department should know
and understand the rules of information sharing - not only to improve our
anti-terror efforts but also to provide a standard to measure success and
ensure accountability.
    * Technology that facilitates sharing while protecting security and
privacy. The Task Force calls for the continued development and use of
technology to connect people in ways that improve trust among government
officials and the public. Technology exists that can improve data sharing,
enhance security, as well as facilitate privacy and accountability.
    * An effective dispute resolution process. Even with clear and
consistent guidelines for information sharing, disputes will inevitably
arise over decisions not to share information. The Task Force recommends the
creation of a systematic, workable, efficient process to resolve these
disputes. The recommendations address disputes about dissemination and
retention, accuracy and correction, as well as broader disagreements about
access to and use of databases and categories of information.
    * A new Information Sharing Institute. The Institute could make
operational and professional expertise available beyond that of individuals
working in any particular government agency, department, or contractor. This
Institute would provide a mechanism to identify and distribute best
practices, and to apply technologies available in other sectors. It should
have the full and active participation of organizations from federal, state,
and local governments as well as the private sector.

The Task Force promotes a trusted environment that fosters sharing and
collaboration among those with information useful to understand terrorist
threats; where policies and technologies are developed in tandem; and where
security is enhanced and civil liberties are protected.

About the Markle Task Force

In the wake of the September 11, 2001, terrorist attacks, the Markle
Foundation established the Task Force on National Security in the
Information Age to address the question of how best to mobilize information
and intelligence to improve domestic security while protecting established
civil liberties. The Task Force members include some of the nation¹s leading
experts on national security from the administrations of Presidents Carter,
Reagan, George H. W. Bush, Clinton and George W. Bush, as well as leading
experts on information technology and civil liberties.

To download a copy of "Mobilizing Information to Prevent Terrorism:
Accelerating Development of a Trusted Information Sharing Environment,"
please visit www.markletaskforce.org.

For additional information or questions, please contact Mara Rudman at (202)
841-7111.