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home > legislation > 2004 legislative report
Utah and the MATRIX
MATRIX is the latest data mining program to emerge
from the government. This surveillance system combines information about
individuals from government databases and private-sector data companies.
It then makes those dossiers available for search by government officials
and combs through the millions of files in a search for “anomalies’
that may be indicative of terrorist or other criminal activity. More
>>
5/20/04: Homeland
Security Department Funded, Managed ’state Run” MATRIX Surveillance Program.
Documents released by the ACLU contain disturbing new revelations about
the MATRIX database surveillance program
3/19/04: The
ACLU of Utah sent a letter to the MATRIX oversight committee appointed
by Governor Walker, requesting that it recommend Utah’s withdrawal from
the MATRIX program. We also included draft legislation which would impose
strict guidelines and enable public oversight of MATRIX if the state continued
to participate in the data base.
News Update:
On March 25, the MATRIX oversight committee made a formal recommendation
to Governor Walker that Utah should withdraw participation in the MATRIX
program.
Documents obtained by the ACLU show Utah had an important role in MATRIX
The MATRIX (Multistate Anti-Terrorism Information Exchange) system is
a federally funded database that would combine over 20 billion records
on individuals from government and private sources.
On November 18, 2003, the ACLU of Utah sent a formal request pursuant
to the Utah Government Records and Management Act (GRAMA), to allow inspection
of the public records held by the Utah Department of Public Safety regarding
MATRIX.
The documents released to the ACLU, in February 2004, clearly show that
the MATRIX program, created by Boca Raton, Florida, based Seisint Inc.,
includes much more than public records available to anyone on the Internet
and is indeed a data-mining program that makes predictions about crime
or terrorism.
"Supporters of this system have claimed that it does nothing more
than make existing everyday police activities more efficient. We now know
that is not the case," said Barry Steinhardt, Director of the ACLU’s
Technology and Liberty Program. "This is data mining pure and simple:
the authorities compile information from numerous public and private sources
and let a computer decide if you’re a threat. That capability is
completely unprecedented in our history, and remains unrestrained by our
legal system."
The documents also show that Utah was more then just a willing partner,
it was a driving force behind the project.
Former Utah Gov. Mike Leavitt not only signed Utah up for the controversial
database without telling lawmakers or the public in advance, but he and
Florida Gov. Jeb Bush were cheerleaders for the project, lobbying the
nation’s 48 other governors on the virtues of MATRIX as a crime-fighting
tool. The two briefed other governors on the project during a conference
call referred to in February 6, 2003, MATRIX board minutes.
The documents reveal that the governor’s office has not consistently
reported the timing of Utah’s involvement. In January, Governor Walker
released a memo showing that Leavitt authorized Utah’s participation in
December 2003. But records show he signed a previous agreement in November
2002.
State technology and public safety employees were volunteering their expertise
almost a year prior to the state’s official participation, even inviting
MATRIX to Utah to showcase how "Utah could be used to show some early
successes for the project," wrote Roland Squire with the Utah Department
of Public Safety.
"Utah would be happy to help with the MATRIX project in any way we
can," he wrote in another e-mail to MATRIX officials.
The documents include correspondence between Utah officials and those
putting MATRIX together, sales materials used to tout the program’s capabilities
and persuade states to sign up for the program, and minutes of meetings
held between MATRIX officials and the participating states.
Utah exploited the state’s award-winning Web site, which is operated by
a private contractor and was seen as a model for secure information. One
MATRIX official wrote in April 2003, "We have been discussing the
suggestion . . . to have Utah take the lead in developing a framework
for the secure Web component of MATRIX and think this is a very good idea."
A month later, Utah was ready with its prototype "that would interface
with Florida and could be expanded out to include other systems as they
become connected," wrote one MATRIX official.
The documents reveal Utah was second only to Florida in the development
of MATRIX protocols and persuading other states to sign on. Furthermore,
Doug Bodrero, the former commissioner of public safety in Utah, now heads
the Institute for Intergovernmental Research, the nonprofit entity that
funds MATRIX through federal grants.
Christopher Calabrese, a New York City-based attorney for the ACLU’s Technology
and Liberty Program, said of particular concern was a "social networking
chart," which incorporates driver license photos and links to associates
to compile dossiers on private citizens in seconds. "You can not
believe this could happen in America," Calabrese said.
The program matches law enforcement files with private databases containing
billions of public and commercial records from a wide variety of sources.
And this has the ACLU fearing it violates privacy rights. Similar concerns
have prompted 6 of the original 13 participating states to drop out.
Stephanie Peterson, Safe and Free advocate for the ACLU of Utah said,
“Our concern about MATRIX is similar in many ways to our concerns
about sections of the USA PATRIOT Act and raise the same issues among
privacy advocates. Both programs make personal and financial information
easily available for use by law enforcement that go beyond combating terrorism.
They are based on the flawed and dangerous intelligence idea that to catch
terrorists, the government needs to spy on people who have done nothing
wrong.”
"The first step to treating every American like they could be a criminal
is to start collecting information on people who have done nothing wrong."
said Calbrese.
The trouble with MATRIX, said Calbrese, is the volume of data it contains,
much of which was purchased unbeknownst to states by Seisint Inc. Seisint
is the Florida information-technology company that developed the idea
for MATRIX and landed a $1.6 million contract with that state’s Department
of Law Enforcement to pilot it.
"We”ve always known the database contained billions of records,"
Calbrese said, "but we did not understand the breadth" until
the new release of Utah records highlighting Seisint’s data inventory.
That data include criminal histories from 4 states, correctional data
from 33 states, sexual-offender lists from 27 states, driver licenses
from 15 states and motor-vehicle registrations from 13 states.
"We”re probably talking about 90 percent of the country," said
Calbrese.
Wisconsin and New York withdrew from the MATRIX on March 10, 2004, due
to financial and ethical concerns. This leaves just Florida, Michigan,
Ohio, Pennsylvania, Connecticut -- and possibly Utah -- out of the original
13 states who signed up for the program.
Governor Walker, who suspended Utah’s participation in the MATRIX
on January 29, 2004, is waiting for recommendations from an oversight
committee she formed, before taking further action on MATRIX.
A few facts of note:
- The MATRIX contains 20 billion records from private databases. It
is the largest database on the planet. (USA Today, 11/11/03)
- It as already received $12 M in funding from the federal government.
(USA Today, 11/11/03)
- It is expected to cost $34 M annually to run and $1.7 M per state.
(Palm Beach Post, 10/4/03)
- Hank Asher, the founder of Seisint, has been implicated as a drug
smuggler and it was Asher’s former company, Database Technologies,
that administered the contract that stripped thousands of African
Americans from the Florida voter rolls before the 2000 election, erroneously
contending that they were felons. (Free Exchange Policy Project, quoting
Lucy Morgan, "Troubled Business May Lose Contract with State,"
St. Petersburg Times, August 13, 2003)
- And a competing data vendor, ChoicePoint, decided not to bid on
the project, saying it lacked adequate privacy safeguards. (Toronto
Globe & Mail, 9/24/03)
- The project is billed as a tool for state and local police, but
organizers are considering giving access to the Central Intelligence
Agency, said Phil Ramer, special agent in charge of the Florida Department
of Law Enforcement’s intelligence office. (Toronto Globe & Mail,
9/24/03)
- Criminal history files in the database are maintained by 15 Seisint
employees, watched over by Florida state police, Mr. Ramer said. Yet
a Florida Department of Law Enforcement memo obtained by The Associated
Press shows potential lapses in oversight. The memo says background
checks on Seisint’s Matrix workers took place only last month, more
than a year into the program, and a privacy policy governing the database’s
use has yet to be finalized. (Toronto Globe & Mail, 9/24/03)
Click
here for a state by state breakdown of involvement in the MATRIX >>
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