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Edited by Noah Shachtman | Contact

NSA Sweep "Waste of Time," Analyst Says

It'd be one thing if the NSA's massive sweep of our phone records was actually helping catch terrorists. But what if it's not working at all? A leading practitioner of the kind of analysis the NSA is supposedly performing in this surveillance program says that "it's a waste of time, a waste of resources. And it lets the real terrorists run free."

Re-reading the USA Today piece, one paragraph jumped out:

This kind of data collection from phone companies is not uncommon; it's been done before, though never on this large a scale, the official said. The data are used for 'social network analysis,' the official said, meaning to study how terrorist networks contact each other and how they are tied together.

So I called Valdis Krebs, who's considered by many to be the leading authority on social network analysis -- the art and science of finding the important connections in a seemingly-impenetrable mass of data. His analysis of the social network surrounding the 9/11 hijackers is a classic in the field.

step_2.gifHere's what Krebs had to say about the newly-revealed NSA program that aims to track "every call ever made": "If you're looking for a needle, making the haystack bigger is counterintuitive. It just doesn't make sense."

"Certain people are more suspicious than others," he adds. They make frequent trips back-and-forth to Afghanistan, for instance. "So you start with them. And you work two steps out. If none of those people are connected, you don't have a cell. Because if one was there, you'd find some clustering. You don't have to collect all the data in the world to do that."

The right thing to do is to look for the best haystack, not the biggest haystack. We knew exactly which haystack to look at in the year 2000 [before the 9/11 attacks]. We just didn't do it...

The worst part -- the thing that's most disappointing to me -- is that this is not the right way to do this. It's a waste of time, a waste of resources. And it lets the real terrorists run free.

UPDATE 2:30 PM: Shane Harris broke this story, in broad strokes, back in March, Patrick reminds us. Harris also offers a possible explanation for some of the NSA program's massive size:

To find meaningful patterns in transactional data, analysts need a lot of it. They must set baselines about what constitutes "normal" behavior versus "suspicious" activity. Administration officials have said that the NSA doesn't intercept the contents of a communication unless officials have a "reasonable" basis to conclude that at least one party is linked to a terrorist organization.

To make any reasonable determination like that, the agency needs hundreds of thousands, or even millions, of call records, preferably as soon as they are created, said a senior person in the defense industry who is familiar with the NSA program and is an expert in the analytical tools used to find patterns and connections. Asked if this means that the NSA program is much broader and less targeted than administration officials have described, the expert replied, "I think that's correct."

Harris also fingers a likely program set of research efforts to help the NSA better comb through all this data: "Novel Intelligence from Massive Data," or NIMD. Its goal is to develop "techniques and tools that assist analysts not only in dealing with massive data, but also in interactively making explicit - and modifying and updating - their current analytic (cognitive) state, which includes not only their hypotheses, but also their knowledge, interests, and biases."

You'll be shocked to hear that NIMD's website has been taken offline. But you can find Goggle caches about the program here, here, here, and here.

UPDATE 5:19 PM: "To me, it's pretty clear that the people working on this program aren't as smart as they think they are," says former Air Force counter-terrorist specialist John Robb. "Some top level thinking indicates that this will quickly become a rat hole for federal funds (due to wasted effort) and a major source of infringement of personal freedom." John gives a bunch of reasons why. Here's just one:

It will generate oodles of false positives. Al Qaeda is now in a phase where most domestic attacks will be generated by people not currently connected to the movement (like we saw in the London bombings). This means that in many respects they will look like you and me until they act. The large volume of false positives generated will not only be hugely inefficient, it will be a major infringement on US liberties. For example, a false positive will likely get you automatically added to a no-fly list, your boss may be visited (which will cause you to lose your job), etc.

UPDATE 6:23 PM: And now, the rebuttal. I just got off the phone with a source who has extensive experience in these matters. And he disagrees, strongly, with Krebs and Robb.

Really, the source said, there are two approaches to whittling down massive amounts of information: limiting what you search from the beginning -- or taking absolutely everything in, and sifting through it afterwards. In his experience, the source said, the approach of using "brute force... not optimally, not smartly" on the front end, and "cleaning [the data] up later" worked the best. Often times, other people don't know what you're searching for (or they don't have the same super-slick data-mining algorithms you've got). Better just to get it all.

In everything from speech analysis to sensor fusion, he argued, when you've got a weak signal masked by a lot of noise, "more data seems to be the answer... More data is what's going to allow you to get to ground truth."

Of course, there's a price to pay with this approach: a ton of false alarms. Several stages of filtering should fix that, he argued. Besides, "it's not like you call the FBI every time you get a hit."

Think of it as the Google approach. Wouldn't you rather have everything available on the search engine, and then do queries yourself?

UPDATE 05/12/06 8:52 AM: The rebuttal gets rebutted.

"I find it almost impossible to believe that the NSA has a system good enough to beat human int[elligence], selective tapping, and the kind of progressive extension that Krebs cites," an MIT professor says, who also passes along this handy graphic.

kevinBacon.jpg

You need to have a good understanding of the "classifiers" and functions appropriate for your data set -- developing the knowledge and techniques around finding those classifiers has taken [computer] vision [research] 30 years to get where it is (able to drive a car through a pre-set path in a desert, recognize one face out of a thousand with good rejection but many, many false positives)... Meaning fine, but not great... We have almost no idea how complex this issue is, but it's probably similar.

One thing about your "extensive experience" source is that he doesn't really specify what kind of search he was doing. People doing data mining may be looking in many different ways. For instance, if you have six million examples of successful stock price changes and six million examples of unsuccessful ones, you might look for other variables (past performance, location, etc.) that signal a difference -- any difference. Large data sets are definitely helpful for this. Getting machine learning to discover a specific thing -- like a familial bond based on telephone calls -- may or may not work at all. If all you have is frequency, there may be a half dozen other types of relationships that lead to numerous calls. There may never be a way of discerning relationship based on a single modality of communication. That's why most of the people I know are using millions of other sensors, like GPS, accelerometers, recording the voice, reading heart rate, etc. Then they may be able to say with moderate certainty that they can tell something from phone calls. The NSA can't do that with what USA Today says they're collecting.

UPDATE 05/12/06 11:48 AM: Click here to see if you can spot the difference between an Al-Qaeda cluster, and on from a Fortune 500 firm.

Latest Comments

As I discuss on my own blog, The International Libertarian, social network analysis can't catch terrorists. More accurately, it is only good at catching stupid terrorists who are likely to get caught due to other screwups as well. Social network analysis does nothing to weed out sophisticated terrorist groups, particularly well trained "sleeper cells", which are the focus of the NSAs work, which allegedly justifies the gross violations of the civil liberties of normal folks.

I show how sophisticated insurgents can hack social network analysis to employ stealthing techniques that greatly reduces their observabilities in social networks.

Posted by: Mike Lorrey at June 7, 2006 7:01 PM


Posted by: KEVIN SCHMIDT, STERLING VA at May 25, 2006 12:31 AM

You can't get names right, so how can we expect you to get court case interpretations right? We can't.

Now I will get the last LOL on you.

Concerning the case you refer to:

Both you and Al G., Atty. Gen, are in error.

That case was in reference to one alleged criminal where there was probable cause of a crime being committed.

It does not equate to a nationwide dragnet (tyranny) of the entire civilian population!!!

What the NSA is doing is unconstitutional. I have already presented the proof. Everyone involved with the program is committing a crime and can face criminal prosecution, including those in the executive branch that condoned and approved of the program.

---------

While Kevin Schmidt claims that he has presented proof that the NSA's collection of call data records violates the Fourth Amendment, I respectfully disagree. Here's why:
1) Kevin Schmidt does not address (or even acknowledge) the fact that Smith v. Maryland says that certain business records--including telephone dialing records--do not require a search warrant under the Fourth Amendment.
2) He seems to claim (above) that probable cause is relevant in Smith v. Maryland and, hence, relevant to the NSA collection of call data. The majority opinion in Smith v. Maryland said nothing about probable cause with respect to phone records.
3) He seems to claim (above) that Smith v. Maryland cannot be applied to large populations. He offers no language from that decision or any other to support his claim.
4) He does not cite any legal authority to support his claims in 2) or 3).
5) He does not cite any legal authority who asserts that Smith v. Maryland is inapplicable here.
6) He does not cite any case law to support his position.
7) He does cite a magazine article, but it is not relevant to call data records.

In contrast, I can offer the plain language of Smith v. Maryland. (Available at [1].) The Supreme Court decision says, "This Court consistently has held that a person has no legitimate expectation of privacy in information he [...] voluntarily turns over to third parties." The Court included telephone dialing records as information a person turns over to a third party. More specifically, the Court stated, "The installation and use of a pen register [, a mechanical device that records numbers dialed on a telephone ...] was not a 'search,' and no warrant was required."

It seems self-evident that Smith v. Maryland applies to the NSA's collection of call records. However, for those who might disagree, I can also offer the opinions of multiple lawyers who believe that the NSA's collection of call data does not violate the Fourth Amendment.

For example, according to George Washington University Law Professor Orin Kerr, "The Fourth Amendment issues are straightforward. It sounds like the program involves only non-content surveillance, which means that it presumably doesn’t implicate the Fourth Amendment under Smith v. Maryland." [2] (Note: This is Kerr's preliminary analysis as of May 11, 2005; I'm not aware of a change in his position re Smith v. Maryland.)

According to attorney David Gartenstein-Ross, "[T]he alleged government data collection described by USA Today does not, on its face, violate the Fourth Amendment [...]" [3]

According to the AP, as reported in the Seattle Post-Intelligencer, "Sen. Kit Bond, R-Mo., [...] said the Intelligence Committee's legal counsel concluded that basic information, such as phone numbers dialed, is not protected under the Constitution's Fourth Amendment. [...] He said that concept hinges on a 1979 Supreme Court case, Smith v. Maryland." [4]

As reported in The Washington Post, "[Attorney General Alberto] Gonzales told reporters [on May 23, 2006] that, under the Smith v. Maryland ruling, 'those kinds of records do not enjoy Fourth Amendment protection. There is no reasonable expectation of privacy in those kinds of records.'" [5]

Finally, as also reported in The Washington Post, "G. Jack King Jr. of the National Association of Criminal Defense Lawyers said Gonzales is correct in saying 'the administration isn't violating the Fourth Amendment' [...]" (King does claim a violation of a 1986 law, but the discussion here is about the Fourth Amendment.) [6]

I leave it to readers to draw their own conclusions.

Links:
[1] http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=442&invol=735&friend=oyez
[2] http://www.orinkerr.com/2006/05/11/thoughts-on-the-legality-of-the-latest-nsa-surveillance-program/
[3] http://article.nationalreview.com/?q=MDZjMDllOTRlYmFlMmQ3ZGEzNDJjNzExYjZiNGMxZWM=
[4] http://seattlepi.nwsource.com/national/1151AP_Bush_Phone_Records.html
[5] http://www.washingtonpost.com/wp-dyn/content/article/2006/05/23/AR2006052301594.html?nav=rss_nation
[6] http://www.washingtonpost.com/wp-dyn/content/article/2006/05/24/AR2006052402329.html

Posted by: JerryP at May 28, 2006 4:52 PM


Posted by: JerryP at May 12, 2006 09:30 PM

You can't get names right, so how can we expect you to get court case interpretations right? We can't.

Now I will get the last LOL on you.

Concerning the case you refer to:

Both you and Al G., Atty. Gen, are in error.

That case was in reference to one alleged criminal where there was probable cause of a crime being committed.

It does not equate to a nationwide dragnet (tyranny) of the entire civilian population!!!

What the NSA is doing is unconstitutional. I have already presented the proof. Everyone involved with the program is committing a crime and can face criminal prosecution, including those in the executive branch that condoned and approved of the program.

Posted by: KEVIN SCHMIDT, STERLING VA at May 25, 2006 12:31 AM


Fascinating conversation. Should be more mainstream than it is. But the media is busy doing, um, what again?

Meanwhile, Bob above makes a fairly irrelevant point, that one is guilty of assumptions because the programs tracks "tens of million," rather than "hundreds of millions." The program is designed to track every call, Bob, whatever that number is. And your reference then to the same USA Writer that you rely upon for your "clarification," is backwards.

Posted by: Ivan Carter at May 16, 2006 11:09 PM


I don't believe the Bush administration is using the information to track down Al Qaeda; they're trying to figure out where their biggest political threats are and to eliminate them through some seemingly innocuous legislation that we won't see for what it is and therefore won't know enough to be afraid of.

It's not about them spying on us, it's about them preventing us from spying on them. We're not the ones doing stuff we shouldn't--they are. It's another brilliant plan executed by the men who stole two elections, manipulated intelligence and sent us to war so they would have a constant reason to infringe on our personal freedoms and take our money.

The only area of competence, literally, the ONLY area of competence this administration has demonstrated is in the area of public manipulation of information. They have failed, miserably, at every other task put to them. They have focused all their energy and expertise on controlling what we believe and none of their efforts have gone into addressing actual problems and/or providing effective programs to help the American people be safe and prosperous.

They need to monitor our communications so they can know how the internet hurts/helps them politically. They are looking for patterns.This is not about fighting Al-Qaeda, this is data mining. They are not just looking at phone calls, it's really emails (like the kind you get from MoveOn.org and Common Cause) that are the focus here, I think.

This is at the heart of what should be the national debate and it's time we started facing facts: if they get away with the NSA program and we let them slide on the failure to enforce net neutrality, we will lose our democracy. The only thing that keeps us from being a dictatorship now is immediate, uncensored, access to critical information.

When the 2006 mid-term elections create the usual political in-fighting, let's hope somebody is smart enough to disable the argument about our privacy rights being a rational sacrifice to the fight on terror and start calling it like it is.

This is a clear violation of our Constitutional rights for the purpose of understanding and manipulating OUR information gathering processes, such that we lose our access to free and unfettered information about our own government. That's what's at stake here.

And while we're at it, it's time to make a distinction between conspiracy theorists (who make stuff up) and people who merely have the ability to recognize a conspiracy when they see one.

Posted by: Laurie Fosner at May 15, 2006 3:30 PM


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