Meta-Snooping: Tag — You’re It

Lots of hue-and-cry about the Bush administration and the NSA doing various spy stuff to catch terrorists before they terrorize. Lot’s of drama on both sides: "We need these tools to catch terrorists." "You’re trampling on people’s rights." "Would you rather have a repeat of 9/11?" "I’d rather have my prviace!"

Not going to get into it here.

What I am going to get into is a really, really interesting line in a NYT article (not sure if you need to be a subscriber anymore) about the latest "data mining" that the NSA is doing. I’m going to summarize and quote from it heavily r.e. my points (big surprise, there, eh?), so don’t worry too much.

The basic gist is that the NSA has been working with various telecommunications companies to get their switch data in order to analyze traffic patterns to help identify possible terrorist activities. Here’s a quote (emphasis mine):

A former technology manager at a major telecommunications company said that since the Sept. 11 attacks, the leading companies in the industry have been storing information on calling patterns and giving it to the federal government to aid in tracking possible terrorists.

"All that data is mined with the cooperation of the government and shared with them, and since 9/11, there’s been much more active involvement in that area," said the former manager, a telecommunications expert who did not want his name or that of his former company used because of concern about revealing trade secrets.

Such information often proves just as valuable to the government as eavesdropping on the calls themselves, the former manager said.

"If they get content, that’s useful to them too, but the real plum is going to be the transaction data and the traffic analysis," he said. "Massive amounts of traffic analysis information – who is calling whom, who is in Osama Bin Laden’s circle of family and friends – is used to identify lines of communication that are then given closer scrutiny."

Got that? The content itself is "useful," but the "real plum" is the "transaction data and the traffic analysis." In other words, the metadata (the tags) and the knowledge management.

Let’s have one more quote:

Historically, the American intelligence community has had close relationships with many communications and computer firms and related technical industries. But the N.S.A.’s backdoor access to major telecommunications switches on American soil with the cooperation of major corporations represents a significant expansion of the agency’s operational capability, according to current and former government officials.

And one last one:

Phil Karn, a computer engineer and technology expert at a major West Coast telecommunications company, said access to such switches would be significant. "If the government is gaining access to the switches like this, what you’re really talking about is the capability of an enormous vacuum operation to sweep up data," he said.

The government’s position is that since they’re not really listening to the conversations — the content, the data itself — it’s not really an invasion of privacy. It’s not snooping. They don’t need a warrant. They’re just looking for "patterns."

Er… well… just so we’re clear, these neat little dots on the screen you’re looking at are just patterns. Just recognizable bits of electrons in a slightly more coherent order than the ones around them, as far as your eyeballs and brain are concerned. Voices modulate the air in wave patterns. The gun in my sock drawer is part of a complex patter. Etc. All that crazy stuff.

The assumption is, I believe, that once an official has sufficient metadata to make a decision (i.e., "these are bad guys") that he will then obtain proper warrants, do the due dilligence, get the white hats, and go in and stop the bad things from happening. So purpose of the collection of metadata is to then gain data and then use that to make knowledge decisions which will have real world (hopefully positive) consequences; classic learning theory. Which is all good.

Same as how we use eBay to search for deals on kids clothes. Follow the simile:

  • eBay stores price/product metadata; NSA stores call metadata
  • eBay and NSA both perform sorting/storing operations
  • Customers (eBay = public, NSA = government) scan metadata
  • Customers make decisions based on metadata
  • Customers take virtual action (eBay = order online, NSA = initiate warrants)
  • Real world consequences (eBay = you get Pooh onesy, NSA = arrests made)

Again… it’s all good. Right? Using metadata to make knowledge decisions about content and actions.

Except on eBay, nobody’s storing metadata about my kids’ clothes without my consent.

Oops. I just "got into it" a bit, didn’t I?

Allright. I’m backing off. I don’t really want to get political. But I do want to make the point that metadata is just as much a piece of information about you as is the data which it informs. Think about the following questions:

  • How much did you pay for that car?
  • How old are you?
  • What do you weigh?
  • What’s your salary?
  • Do you color your hair?
  • What kind of perscription drugs do you take?

All those questions feel like data questions, don’t they? Real questions. Questions that, it many contexts, you wouldn’t want to have to necessarily have to answer.

Are they data questions or metadata questions? Well… it depends on whom you ask, what kind of system you querry, what the fields in the database are, what the key fields are and how you perform the search. And if the questions are:

  • Who did you talk to on the phone?
  • How long did you talk to them for?
  • What times did the calls start and end?
  • Who did they call right afterwards?
  • Where were you when you made the calls?

Those questions are all metadata questions from a telco standpoint. The data itself — the phone call, the words you spoke — is encoded in the voice traffic. Right? But is that the whole message? How much of what you do, say, buy, earn, eat, live, smoke, dope, etc. is data, and how much is meta?

I’m going to go out on a limb here and warp the most famous quote from one of my heroes, Marshall McLuhan:

The meta is the message

So… if the government can tag you… that’s the same as a tap.

And… Tag — You’re it.

UPDATE: John Battelle’s Searchblog has a good post on the NYT’s story, too. Read the comments as well. As we’ve seen in the general discussions in the news, there are lots of folks who don’t mind their privacy being infringed… yet.

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3 Responses to Meta-Snooping: Tag — You’re It

  1. Jen says:

    The devil’s advocate wants to know: what’s the difference between setting up surveillance outside the house of a suspected drug lord/ terrorist/felon/etc.., monitoring incoming/outgoing traffic as a prelude to garnering a warrant and using the same informational tags you describe in your article (which seem to me to work in much the same fashion)?

    Do you think it makes a significant difference that one feels private while the other does not?

  2. Andy says:

    Damn it… that’s a really good point.

    I hate it when other people make really good points before I think of them. Please cut that out, especially in public. Makes me look bad. ;)

    Yes. It’s true. The police actually — currently — get phone records as part of investigations, and do not require a subpoena or warrant in order to do so. So, in theory, this has been going on for some time. The same way, in theory, the police can “dumpster dive” your trash to find evidence about what you’ve been throwing out.

    It’s the difference between public and private information (according to the one family member I have who knows anything about law enforcement and whom I’ve just asked about this subject). The police/government don’t need your permission to go through any of your “public” info, and phone records count as public information.

    Score one for Jen, Devil’s Advocate de jour.

    I guess what bothers me about the difference between the past version of the police evidence-gathering system and the current/future version is the “routine-ness” of it, and/or the assumptiveness. The idea that *all* or *most* or *much* of our phone traffic will be scanned for “bad” patterns, as opposed to the cops asking specifically for my records if they think I’ve been a bad boy.

    To use Jen’s metaphor in reverse, it’s the difference between the cops watching my house because they think I’m a drug dealer, and the government setting up cameras in front of everybody’s house (along with sophisticated pattern matching software) to detect various behaviors after-the-fact.

    It’s the difference, to me, at least, between having a cause to start investigating me, and keeping tabs on everyone, at all times, until they register as a “bleep” on some software because their metadata fell off the end of the bell curve.

    Knowing how inaccurate and faulty such software can be, and how bad the government’s track record is for things even as simple as road construction, I really hate the idea that they might make decisions about whether or not people should be put under arrest without warrants (which, I’ve read, we’re doing now with suspected terrorists) and taken to other countries for interrogation (see previous comment) based on pattern matching software results.

    The whole thing simply makes me nervous as heck.

  3. Mark Merenda says:

    Marshall McLuhan
    What’re you doin’?

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