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August 2004 CSO Magazine
























In this story:

+ Why DARPA's counterterrorism project fell victim to politics

+ How the United States continues to pursue technology-based antiterrorism programs

+ The need to reconcile privacy concerns with intelligence efforts












































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IN THE AUGUST 2004 ISSUE OF CSO:

BACKGROUND CHECKS
Bad Checks
More organizations are investigating criminal histories and other public records to make hiring and firing decisions. It's up to CSOs to make sure this powerful but flawed weapon doesn't backfire.


CONTROL SYSTEMS
Out of Control
Industrial control systems sit squarely at the intersection of the digital and physical worlds. They're vulnerable, they're unpatchable, and they're connected to the Internet.


INFORMATION SECURITY
Crash Course
How do universities cope each fall when students stream back to campus with infected, unpatched PCs? CISOs say it's (almost) all about the education.


COUNTERTERRORISM
The Short Life, Public Execution and (Secret) Resurrection of Total Information Awareness
Was it an Orwellian nightmare or an intelligence savior? John Poindexter says TIA was sucked into a vortex of politics and knee-jerk foolishness before anyone could


SECURITY COUNSEL
Sarbox Redux
Back by popular demand, Fiona Williams, a partner in Deloitte Touche Tohmatsu Security Services, answers readers' questions about the Sarbanes-Oxley Act.


FLASHPOINT
Dangerous Waters
Distributed denial-of-service attacks may reshape the way courts evaluate liability for network security breaches.


CSO UNDERCOVER
A Joke Gone Bad
When should you bend the rules to keep from losing a great employee who makes a mistake?














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In the Laws & Compliance Research Center:

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The Short Life, Public Execution and (Secret) Resurrection of Total Information Awareness

Was it an Orwellian nightmare or an intelligence savior? John Poindexter says TIA was sucked into a vortex of politics and knee-jerk foolishness before anyone could answer that question.

BY SCOTT BERINATO






Riffing on politics in his most recent stand-up routine, the comedian Chris Rock laments that nobody thinks anymore. Nobody considers an issue and lets it roll around in his head for a while; we have become a nation both addicted to snap judgment and suspicious of anyone willing to say, "It depends," or "I'll have to think about that." Rock's raucous audience offers loud applause on this point, not laughter. If retired Adm. John M. Poindexter had been there to hear Rock's rant, he likely would have applauded too. For he and Rock share this concern over America's growing reliance on snap judgment and resistance to reasoned debate—two trends that played a part in the not-exactly-total destruction of Total Information Awareness.

Poindexter still slips sometimes and talks about Total Information Awareness (TIA) in the present tense. Despite the fact that he resigned from the Defense Advanced Research Projects Agency (DARPA) a year ago, despite the fact that DARPA subsequently dissolved the Information Awareness Office (IAO) he had built, and despite the fact that DARPA ostensibly canceled TIA (the broad-ranging program designed to apply technology-based intelligence as a counterterrorism measure), Poindexter still firmly believes in TIA (he pronounces it Tia, like the woman's name). In fact, he says, TIA has gone away in name only. And he cautions that if the debate about its merits remains emotional, rather than reasoned, the nation may well end up with a less effective, but more invasive, set of technologies to combat terrorism.

Hardly humbled by the public maelstrom surrounding his project and his eventual resignation (events he says he largely foresaw), Poindexter seems energized by the controversy. If anything, he says now, TIA didn't go far enough. It needed to encompass more of the national security infrastructure (not just intelligence) and more of the national policy (not just technology) infrastructure.

"One of the reasons I continue to speak out is that the solutions to the counterterrorism problem involve other parts of the national security community—especially other elements of the Department of Defense, State, FBI, Homeland Security and the [National Security Council] staff," he says. "They all play an essential role."

Poindexter spoke about TIA at the CSO/CIO Perspectives conference in April in Carlsbad, Calif. It was his most broad-ranging discussion of TIA since leaving DARPA; and he used the opportunity not only to promote the concepts behind TIA, but also to defend himself against criticism from Congress, the media and privacy advocates.

The connotations associated with his name are legion, but the one that doesn't readily spring to mind is that of Poindexter as technocrat. Today he appears ruggedly fit in a way that belies his age (68). He looks distinctly trimmer than the man who testified before Congress nearly 20 years ago, wearing Navy dress blues that somehow made him look more like a sedentary CEO than an intrepid sailor. His tan now sets off a white dustbroom mustache. He is sharp-eyed and slightly wary in his manner. But when he steps outside into the bright California sunshine, producing a pipe and beginning to work its barrel, he rhapsodizes about sailing his yacht and looks every bit the Navy admiral.

Nonetheless, he is also a bona fide geek. Enthusiastic about new technologies, Poindexter is devoted to the idea that ambitious, creative IT systems can help solve complex problems such as the risks posed by asymmetrical terrorist threats. "The 9/11 Commission is identifying the exact problems that we were trying to get technology to solve. So I keep pushing the idea," he says.

Yet, ideas like TIA must negotiate the roiling confluence of security and technology with democratic principles, including privacy rights. Can the nation strike a balance? (See "With Liberty and Surveillance for All.") Where is the line between security and invasions of privacy? To what extent should citizens control intelligence activities that probe data about their lives?

These are some of the questions that we were curious to pose to Poindexter, who until recently has been largely absent from the debate that his DARPA initiatives triggered. "I think it is very difficult today to have a reasoned public discourse on any controversial subject," says Poindexter with characteristic understatement. "Certainly, election years present a complicating factor."


TIA's Origins
The generative spark for TIA was John Hinckley Jr.'s attempted assassination of President Ronald Reagan in March 1981. Poindexter, who was then a White House military assistant (he became national security adviser in 1985), credits that event with getting him and others thinking about the problem of "crisis preplanning." Poindexter set up a crisis preplanning group at the White House, as an adjunct to the Situation Room. Spurred by the assassination attempt and subsequent events like the bombing of the Marine barracks in Beirut, its scope soon widened. The group considered terrorism scenarios even then, and explored the tantalizing possibility that ambitious data analysis might reveal the outlines of future events. However, after the Iran-Contra affair, which eventually led to Poindexter's conviction on five felony counts, including lying to Congress about it (a conviction that was subsequently overturned), crisis preplanning efforts stalled.

Fast-forward to 1996. DARPA issued what is known grandly as a Broad Agency Announcement, or BAA. These are exactly what they sound like: proclamations or calls to arms for some broad problem the agency intends to research. In this case, says Poindexter, the BAA announced that DARPA wanted to develop information technologies that would help "identify potential future crises and our options for preemption and prevention—which sounded a lot like what we had been doing in the 1980s," says Poindexter.

Eventually, the BAA led to Project Genoa in 1997. That research, which later morphed into TIA, was meant to encompass many specific projects under the one umbrella. The data mining application that most people associate with TIA was simply one of the most prominent projects.

"Now, you've got to understand that in the R&D environment, you try to generalize problems, make them as expansive as possible, so that the technology you develop will have broad applicability," Poindexter says. "Nobody—myself included—believes that we could ever achieve total information awareness. But the government needs to set goals and long-range objectives. Total information awareness is a good [research] goal."

In large part, the I in TIA refers to information about transactions. Poindexter had been thinking, as early as the crisis preplanning days in the Reagan White House, that terrorist operations require preparation. And preparation can be viewed as a collection of transactions—even everyday, innocuous ones such as buying an airplane ticket or signing up for flight school. It can also include somewhat less innocuous and more suspicious ones such as buying large amounts of fertilizer or a crop duster.

The problem, of course, is that the few suspicious transactions are embedded among many innocent ones. "It would be ideal if we could have an uncontrolled flow of information," says Poindexter, meaning ideal from an intelligence perspective. "But we realized you can't do that." So, it was understood within Project Genoa that technology would need to be developed to seek activity patterns that fit the intelligence community's idea of suspicious behavior.

Within a year of Project Genoa's founding, it was clear to Poindexter that TIA's most important work would be to help preempt asymmetric threats, what he calls the "new brand of terror," relying on the use of unconventional weapons and tactics against an overwhelmingly superior military force. The phrase total information awareness was presented publicly as early as 1999. Project Genoa, including the project that would become TIA, even experienced some technical success from 1997 through 2002, a period in which it received $42 million in funding.

Then 9/11 happened. Some Project Genoa managers felt that the technology they were working on could have prevented the tragedy. Poindexter is more circumspect. "Now, I don't think I would say that officially. But certainly I felt a great frustration that we had not been able to avoid 9/11," he says. After the attack, he suggested that DARPA establish a Total Information Awareness office and invest a significantly greater amount of money in the effort.


Overcoming Controversy
Thus, Poindexter joined DARPA to head the Information Awareness Office in January 2002. He was mindful of his own controversial profile and concerned that it might be a problem for him and for TIA—especially in the eyes of Congress. "But we thought I could stay long enough to get the R&D programs started, and we achieved that," he says. "I didn't particularly want to come back into government and run it. However, in the end, it seemed like the only way we could get it off the ground.... And I truly felt that the country had a serious problem. I had ideas about how [it] could be solved, and felt that I could make a contribution. But I had never planned to stay very long."

Anticipating controversy, Poindexter says he felt that it was important to move quickly. So he suggested something radical for DARPA: Develop the technology and the policy to govern its use in parallel rather than serially. He understood that policy-based objections to TIA's underlying technology might retard the technology's development. But if the policy were to evolve concurrently, and to forthrightly address anticipated objections, then the project stood a chance of surviving to fruition.

Poindexter saw privacy as the mother of all objections. "We were not blindsided by the reaction to TIA," he says. "I knew from the beginning that privacy was going to be a huge issue, especially with regard to applying Total Information Awareness in counterterrorism. Because if the technology development was successful, a logical place to apply it was inside the United States."

So, he says, part of the early policy development was to initiate a "reasoned, open public discussion of the privacy issues." The National Academy of Sciences (NAS) initially expressed interest in studying the problem, Poindexter says, but backed out, anticipating a maelstrom (correctly, as it turned out). "I took the money I would have used for NAS and enlisted the aid of some Washington think tanks to begin seminars and conferences about the issue of what kind of policy framework would make sense to put around a set of technologies like TIA."

If anything, DARPA projects such as TIA are remarkably open to the public—especially when compared with corporate initiatives, where competitive advantage is at stake. All of IAO's privacy work, done in tandem with the actual technology development, occurred more or less in plain sight—probably, according to Poindexter, in plainer sight than most other DARPA projects because of the IAO's decision to pursue the policy formulation track.

Yet despite the transparency, TIA was still savaged as the incarnation of some Orwell-ian nightmare. Was it? Poindexter certainly doesn't think so. But he sees that as almost beside the point. More troubling to him (and more illogical as well) is the fact that no one took advantage of the openness of the project. There was no debate. Instead, there was an invective-laced rush to judgment.

When he talks about what happened ("a discussion that was not totally open, and certainly wasn't reasoned"), Poindexter displays hardly a trace of emotion. Instead, he speaks of the public fracas over TIA with the dispassion of a judge, though also without disconnecting himself from an absolute faith in the virtues of TIA. "A lot of our critics feel that the way that you preclude some future policy that you don't particularly like is that you prevent the technology from being developed," he says. "And I think that's a very serious problem that we have—the idea that if you limit technology development, then that is the policy."


Misconceptions
Poindexter seems more baffled by the media's treatment of TIA than he is by TIA's ultimate undoing. Poindexter believes that his effort to engage the privacy issue both in technology and in policy was a rare gesture. If anything, he says, DARPA got very few good ideas back from the R&D community on how to protect privacy. (The Palo Alto Research Center did have some excellent ideas for creating a "privacy appliance," he says, for which PARC received a contract.)

In addition to the media's painting the project with broad, Orwellian strokes, Poindexter says some reporting was just dead wrong. He never intended to build a single, central database to collect data on every transaction by every American. Architecturally, he thinks it's a poor idea. Ditto on the idea for warehousing all this transaction data.

He also took umbrage at the notion that he was going to manage some TIA-based "product." He cited a privacy advocate who leaked news about TIA to John Markoff of The New York Times. Poindexter wouldn't name this person. But he says that either "through ignorance or through mischievousness," the advocate suggested that DARPA was going to implement the technology it was developing.

"DARPA was not ever going to implement TIA," says Poindexter. "I mean, DARPA is not an operational agency, it's [intended for] R&D. Again, we were starting an R&D program. We wanted to be as expansive as possible to make sure we didn't preclude some good ideas."

Although Poindexter was often cast by the media as some sort of evil genius bent on invading citizens' privacy, he regards that as inaccurate and unfair. For the record, here's what he says would be out-of-bounds in a TIA-like project: "Uncontrolled access to data, with no audit trail of activity and no [outside] oversight would be going too far. This applies to both commercial and government use of data about people." To be acceptable, he insists, TIA would have required the "privacy appliance" proposed by PARC. (Poindexter saw a potential solution to the problem of identity theft as an ancillary benefit of the PARC concept.)

But what about abuse of the TIA system? What would stop the government from using it against common crimes rather than for counterterrorism? What would stop insiders from improperly using the data?

Nothing, says Poindexter. That's a legitimate concern.

"I don't think it's a technology issue. It's a policy issue," he concludes. And this is exactly what he had hoped to address from the beginning of the IAO process—the focus on policy, the transparency of the process. Showing rare emotion, he admits to being flustered by the inability of politicians and the media to accept that he thought seriously about these issues, and they were in fact being addressed. It's the job of "Congress and the judicial branch and the executive branch, after appropriate debate, [to] establish whatever policies are appropriate," he says.

But to simply put a halt to promising technology out of fear that policy will fail to control its use? "It's like saying that we shouldn't develop M16 rifles because they may be used by criminals." He shakes his head incredulously.


Successes
After an initial furor, during which Poindexter battled these misconceptions, the outrage dissipated. The IAO even managed some successful trials while dealing with public fallout—including the creation of "Vanilla World," a virtual world not unlike the popular Electronic Arts Sims computer games. Vanilla World's 2 million virtual citizens eventually incorporated potential terrorists making suspicious transactions. Other programs made progress too, and were eventually wrapped into TIA to be tested in an operational setting. (Poindexter is careful to note that they all remained experimental; none ever replaced operational systems.)

"TIA was being used by real users, working on real data—foreign data. Data where privacy is not an issue. And those users were working on real problems. And the experiment's metrics were being measured so we could figure out whether the technology was really helping or not. We also got feedback from users on what needed to be modified."

In other words, at this point it was a typical big IT project. But Poindexter believes it was better designed than most because it focused on iterative development. "That's the way you develop these big systems. You do it on a small scale. And you accept failure as a possible outcome of some of the experiments. If you don't get failures, you're not pushing hard enough on the objectives."

Poindexter likes to talk about the "bathtub curve." The three phases of intelligence are research, analysis and production. If you chart the amount of time spent on each, you see a curve that looks like a bathtub, with most resources going to research and production and the least going to the most important part: analysis. One of TIA's objectives was to invert the curve, take time out of research and reporting and put it into analysis—since "humans are still the best thinking machines for analysis." It worked, says Poindexter; TIA appeared to upend the bathtub curve.


Assassination Futures
But this momentum collided with yet another controversy that erupted last summer (a TIA project called "FutureMAP") that would ultimately be the undoing of the Information Awareness Office, TIA and Poindexter.

FutureMAP (or future markets applied to prediction) was an experiment to see whether a futures exchange—wherein terrorism experts could bet on potential future national security events—might have value in predicting the likelihood of such events. Economists have lately become enamored of futures exchanges. The idea is that if you give people an economic incentive to make accurate predictions, they will produce better-formed judgments on future events to make a profit. Such exchanges are being widely tested and have proven to be at least partly effective in other domains, such as predicting future telecom policy.

One of the contractors working on FutureMAP posted on its website such potential futures as the assassination of Yasser Arafat, the overthrow of the King of Jordan and a missile attack by North Korea. When these postings came to light, critics argued that they amounted to an online casino where people could profit from betting on death and disaster. A vituperative political feeding frenzy ensued.

"Oh, I think the concept [of a futures market] is clearly sound," says Poindexter, coolly analyzing the controversy. Give smart people with information an incentive to be right, and they will be more right than if they have no incentive. Another benefit to the incentive system: It provides an avenue for disgruntled terrorists to attempt to profit from their insider knowledge.

"If the concept had proven successful, it would probably have been implemented in a couple of ways, " Poindexter says. "One would be open markets on some questions and closed markets (maybe within the intelligence community) on the more sensitive kinds of questions. The problem we were struggling with within the closed market was what the incentive would be. You probably wouldn't use dollars. But those are all questions that need to be explored."

However, after FutureMAP was outed and the so-called assassination futures unearthed ("We never would have approved those questions being put out to the public," says Poindexter), the reaction was swift and terminal. Sens. Ron Wyden (D-Ore.) and Byron Dorgan (D-N.D.) wrote to Poindexter: "Spending taxpayer dollars to create terrorism betting parlors is as wasteful as it is repugnant. The American people want the federal government to use its resources enhancing our security, not gambling on it."

Poindexter resigned two weeks later, though he denies that the FutureMAP furor spurred his resignation. He says he'd been planning to leave anyway.


Flashing Lights
"I think if I had to do it over again," he says, "I'd do it the same way. I would just put more resources into getting the public diplomacy part much stronger than we were able to. DARPA has a $3 billion budget, and there's a single public affairs person and a single legislative affairs person. There's no full-time [legal] counsel. I told the director of DARPA that I think it's a significant problem if DARPA is going to continue to take on controversial issues. A full public affairs, legislative affairs and legal staff has got to be on hand."

Poindexter cites one instance where a bigger support staff could have helped him in his own presentation of TIA. He recalls a particular schematic diagram of one TIA project where, in the middle, there was a little box: "a filter," he says, referring to the so-called privacy appliance. "The purpose of that filter was very complicated. But essentially it was there to provide privacy protection. But we didn't make the box very big, and it wasn't really clear what it was for."

If you presented the project without focusing on that filter, he says, "it was a scary thing." He concedes that he should have been more sensitive to the privacy issue from a PR standpoint. "Although I knew it was a huge problem, in our public materials we probably should...have tried to be more precise in talking about privacy. Explain it in bigger detail, and put it up in flashing lights."

In other words, a full-fledged marketing team could have helped win TIA a more even-handed reception, or limited the negative spin that overtook it. Either way, says Poindexter, the damage to TIA pales next to the possible long-term effects on DARPA, if it becomes reluctant to tackle controversial projects.

"It's very important that DARPA and the government continue to do controversial research," he says. "DARPA has been successful in the past because they take on some of these controversial issues."


Regrets
Does John Poindexter regret having gone back to the government? "No. No, I think that we raised a lot of interesting issues. That's one of the advantages of DARPA. This brainstorming we do, once DARPA begins to think about a problem, that provides a lot of leverage. You get universities thinking about the problem. Furthermore, once good ideas surface and the R&D community begins thinking about the issues, potential solutions are imagined." The work then takes on a life of its own, though, he notes, "not necessarily with government funding. It just doesn't happen overnight."

Already, he says, Carnegie Mellon University has created a center to address the interface between policy and technology, especially privacy protection technology. Syracuse University's graduate schools of law and public administration recently hosted a joint event focused on security and privacy.

"I also think it's important for commercial companies; they need to be much more sensitive to the way that personal information can be used for marketing.

"See, I really believe that we don't have to make a trade-off between security and privacy. I think technology gives us the ability to have both. Privacy issues are being discussed. There's a lot more discussion. And so the reasoned, open public discussion that I wanted to achieve is finally beginning to take place. But unfortunately, in my opinion, Congress overreacted too early, for political reasons."


Appropriations
One of the reasons Poindexter talks about TIA in the present tense is because large portions of the work begun at the IAO are continuing—a fact that at least one GAO attorney says might surprise even some members of Congress. But the ongoing work has been moved onto classified, or "black," parts of the defense budget—where it's free from public scrutiny.

Ironically, Poindexter argues, the politicization of TIA led to an even worse scenario for privacy advocates than what they had before; now, because much of the work is classified, there won't be any public discussion.

"The defense appropriations bill, which is unclassified, says that we're going to close down the Information Awareness Office, we're going to close down TIA. But, oh, by the way, some of the parts of TIA are not controversial, [and] we're going to move them into the classified annex of the budget. And where they are moved is classified. Exactly what they do is classified.

"However, I can tell you that PARC, which had a major [TIA-related] contract on privacy protection, has publicly acknowledged that their contract has ended. So, what Congress has done is that they've stopped the research in the privacy protection area. And, in my opinion, that eventually is going to be a problem for the administration.

"The privacy work was part of what was canceled. But I think it should continue. And I think that eventually it will be continued. I'm an optimist."end


Reach Senior Editor Scott Berinato at sberinato@cxo.com.


PHOTOGRAPHY BY DRAKE SOREY




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