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There's been a lot of debate around the tradeoff between national security and civil liberties.
Both sides of the argument seem to weigh in on hypothetical scenarios that have been taken to the
extreme. What do you think are the REALISTIC concerns that we should keep in mind?
Steve Kornguth, University of Texas
“The balance between individual privacy and public wellness has been of historical concern.
For example, the episodes of Typhoid Mary and childbirth fever in 19th century brought ready
awareness to the need for public health policy and potential conflict with personal privacy on the
part of food handlers and physicians respectively. New technologies now permit us to screen food
and patient fluid samples rapidly for evidence of communicable disease. To maintain public health
and security it is appropriate to determine the balance needed between knowledge and privacy
rather than view these as mutually exclusive issues.”
Dick Powers, INSIGHT
"When you can't guess where your next vulnerability may be, you have to do up front analysis to plan
on how you react under certain scenarios. That is exactly what the war gamers in the Pentagon do.
You are usually operating from an infrastructure that has some redundancy. So the key is having
modeled various scenarios to see what you can do if certain events occur. This does not lead to
an incursion on privacy at all in most cases. However, as a philosophical point, if you don't have
physical security you have no freedom or privacy anyway."
Fran Maier, TRUSTe
"The Bush Administration's indication that it will appoint the first-ever United States Chief
Privacy Officer (CPO) as part of its proposed Department of Homeland Security shows that there
is a willingness to balance the needs of security with American's right to privacy. When creating
any homeland security policies, the Dept. must first and foremost, inform our citizens about what
information is being collected about them and why. The Chief Privacy Officer must never forget that
the Dept. will be most effective when Americans cooperate to the fullest; being totally open and
honest in situations when they're asked to give up their personal data for security purposes.
My experience at TRUSTe has also taught me that citizens will value a mechanism for quick redress
should privacy safeguards fail to protect citizens' privacy."
William Penrod, Klink & Co., Inc.
“As a nation, we faced the issue before, for example, during World War II. Frankly, I do not believe
in the rhetoric of either extreme. Certainly, we will face some limitations on our civil liberties
to ensure a safer environment, whether at work with the introduction of biometrics – fingerprint or
retinal identification; while shopping with surveillance cameras in malls and on streets; or
traveling with a searches of bags. Most people will be willing to forego some minor and probably
temporary inconveniences and restrictions. However, I do not foresee the American people
willingly accepting drastic intrusions into our everyday life when the circumstances do not
warrant the intrusions. For instance, detention of citizens without access to counsel, etc.
I believe in our way of life and our Constitution. It has worked before and it will work
today.”
Vince Schiavone, ePrivacy Group
"After 9/11, we may stand to lose our ability to be anonymous, yet this should not infringe upon our
privacy. Individuals must be ensured of their privacy up until the point that they use it to shield
themselves from being held responsible for their actions. Finding and maintaining this balance
will require thorough and continuous oversight."
Tari Shcreider, Extreme Logic
“The crux of the issue is our need for intelligence gathering and the subsequent profiling of
citizens residing within protectorates of the United States. The fundamental principle of risk
management is threat analysis. In order to analyze threats, baselines must be developed on the
population and anomalous events/trends tracked. The characteristics of these events create the
patterns that may suggest a clear and present danger. Ensuring that only the statistical relevance
of these events are used for national security purposes is the challenge that we face today.”
Timothy Dimoff, SACS Consulting and Investigative Services, Inc.
“If the citizens of the United States want improved security then we have to be willing to adjust our
attitudes and expectations on our day-to-day privacy issues. You simply can not increase security
without the adjustment to privacy. This does not mean that everything we do is now fair game to
Big Brother watching, but it does mean our daily public life and those that are interacting around
us at airports, public events, etc. may be monitored more closely. If it is my son, daughter or wife
that is being provided this extra security I feel much better and I am willing to understand and
accept this adjustment.”
Marc Willebeek-LeMair, TippingPoint Technologies, Inc.
"In the end freedom is about choice. From a cyber-terrorism perspective, what network service
providers or enterprises need is the option to enforce whatever security policy their customers
want or they deem appropriate for their business. The reality is that we have a growing dependency
on the network infrastructure to conduct business and run our lives. It is also a fact that there
is an increase in malicious traffic that can seriously impact business operations and personal
communications. New technology is emerging that can actively separate malicious traffic from known
good traffic, and these filtering technologies can be deployed to provide varying degrees of
protection. Whether it's an enterprise security policy, a service provider's security SLA, or
a consumer's home network protection, the tradeoff between security and privacy is a choice we
should have."
Michael J. Brenner, University of Pittsburgh
"There is a legitimate concern for encroachments on individual privacy, as well as the dilution of
long-established legal rights of people who have been apprehended and incarcerated by the government
on the basis of charges of alleged criminal/terrorist activity. From past episodes of heightened
alert in national security -- World War 1, World War 2 and Korea -- the net benefit of national
security tends to be minimal, while the infringement on civil rights tends to be considerable.
And I think this administration -- and Ashcroft in particular -- has shown a striking insensitivity
to the legal requirements for detention of individuals. This has become manifest in the treatment
of American citizens as well as immigrant residents in the United States."
William Thalheimer, Imaging Automation
"For citizens who have nothing to hide and are who they claim to be, presenting documents to gain
access to restricted buildings or secure permission to drive a car, enter a country or board a plane
is a long-accepted security procedure and does not violate individual privacy. Document checks have
been going on for decades, but now we are discussing finally giving people the tools they need to
make sure what is being presented is authentic - to close a gaping security hole and ensure that
identities are protected. The authentication of documents such as drivers licenses, passports and
visas does not invade privacy but merely confirms identification. Citizens do not have to give up
privacy rights in order to achieve security."
Mark Corrao, Strike Force Technologies, Inc.
“Civil liberties end when national security is compromised. The good f the many outweighs the good
of the few. Civil liberties pertain to the individual while national security applies to all.
However, the issue to do away with civil liberties to protect national security is very complex.
We are being requested to prove on an individual basis.... Who, What, Where and When. The word
‘WHY’ does not come into play (as it did in Nazi Germany). The loss of freedom is based on the
question ‘WHY’. All the other ‘W's’ are already known and available in one form or another. To
centralize this information individually if it can mean the safety of national security is not the
loss of freedom. Identity is already a proven.... your birth, marriage, divorce, death, where you
live, your religion, your children, your lifestyle, what you eat, how you sleep, etc.. is known.
A digitized national security card is not a loss of civil liberties it is a protection. Do you
think of your drivers license as a loss of civil liberties? Of course not! When the government
starts to ask you ‘WHY’ that is when you need to worry that the term ‘National Security’ is being
abused.”
Hamilton Beazley, Strategic Leadership Group
“Security once lost can be regained. Liberty once lost cannot be. Because freedom is the greatest
gift of the democratic system, freedom itself is what we are trying to secure. Not unbridled
freedom, of course, but balanced freedom that respects the rights of others within the context
of community. If we have not secured our freedom, we have secured nothing. If we must sacrifice
one or the other, we must sacrifice just enough security to maintain that freedom. It is a dangerous
tightrope to walk, one that requires an understanding of paradox, an appreciation of the complex,
a love of liberty, and a worldview that encompasses infinity. God help us.”
Byron Rashed, SSH Communications Security
"Although privacy is a right under our Constitution, modern day issues may change the way we view
privacy. Americans have to take a close look at the facts and weigh whether or not we are willing
to give up some of our right to privacy for the sake of national security. Most security measures
are completely transparent and are very targeted. Using state-of-the-art detection technology such
as airport x-ray devices high tech surveillance systems and de-encryption tools would not effect our
civil liberties that are safeguarded with checks and balances. The issue of privacy would remain as
we see it now with acceptable inconveniences, as long as privacy guidelines are established and
adhered to. This is a minimal price to pay for the safety of all and future generations."
Derek Smith, ChoicePoint
"Are biometrics and DNA good or bad? Are they going to take society to an enlightened environment or
some kind of police state? My conclusion is that information has more power to do good, provided we
have safeguards to prevent evil. I want a debate on this. Society can draw the line. We'll abide by
whatever society rules."
Mary Cheh, George Washington University
"Fighting terrorism involves a greater use of informants and surveillance, and profiling. You have
to look at groups that are likely to have some involvement -- and exclude others, because you have
to be efficient. We can use these tactics and still protect individual liberties. The areas where
we've gone too far are not in our tactics, per se, but in the ideological/political perspective that
the government is taking. For example, this business about 'illegal enemy combatants' and holding
people in detention without access to lawyers or courts. Or the game of secrecy the government
is playing with immigration hearings and hiding the names of people being held. The government is
sacrificing protections of individual rights in areas where it may not necessarily have a payoff
for fighting terrorists. This administration's approach to solving problems has been
unilateralism and secrecy."
Gary S. Miliefsky, Excelcion, Inc.
“Our country is at grave risk of cyber-terrorism that knows no borders. The concept of Chief
Security Officer (CSO) is new to America - in fact the premier issue of CSO Magazine shipped this
month. I think the ‘big brother’ watching you syndrome is misguided. I'd also say that if we have
nothing to hide, then it's a small price to pay to have our privacy at risk for the safety of
knowing our citizens, critical infrastructure, Skyscrapers and airlines are safe.
Ken Xie, Fortinet
"Our privacy is essential to our sense of personal security, and thus it is impossible to speak of
trading the former for the latter: Compromise either, and both are diminished. Even with this in
mind, many new technologies have the side effect of making it ever easier to do pre-emptive
monitoring of our behavior - whether from satellites, from video cameras at intersections, or from
our cell phones. Our challenge is to recognize that the mere availability of these powerful new
techniques should neither compel nor justify the invasion of privacy in the name of increased
security - because when privacy is lost, security is lost as well."
Haim Zelikovzky, CellGlide
“National security versus civil rights debate? What debate? Ladies and Gentleman, this is not a
Hollywood spectacle we watch. WE ARE ENGAGED IN A WAR. Considering that the next terror attack may
happen tomorrow (heck, it may even happen today), and that a terror attack using mass destruction
weapons is a viable scenario - does anybody has any doubt about this debate? I assure you that this
debate abruptly ends as soon as (God forgive) one of your loved ones is involved in an act of
terrorism. Unfortunately, it happened to me. I have no doubt what the answer is.”
Nadya Aswad, Guardent, Inc.
“We heard many published accounts of law enforcement requests right after Sept. 11 to get
information about individuals, account numbers, activity, etc. While companies want to comply,
there must be mechanisms in place to ensure that information that is supplied to law enforcement
addresses the specific request and doesn't go beyond the scope and expose personal information about
other customers or employees. Also, privacy policies (often in privacy statement posted on a website)
should state that the company will comply with law enforcement orders.”
Kim E. Petersen, SeaSecure LLC
“Law enforcement and security organizations have been laboring to make fundamental changes in our
country's infrastructure to stem new terrorist attacks. An important, albeit tangential,
responsibility of the security community is to create technologies and programs that accomplish
security goals while minimizing intrusions into innocent persons' privacy. There are several ways
to achieve this; most important is to ensure that an accurate assessment of risk and vulnerability
is conducted of all critical infrastructure. This allows our security forces to focus and confine
intelligence and law enforcement efforts to those most important facilities, which are both
vulnerable and likely to be attacked. Through a measured and scientific confinement of effort,
we govern the risk of applying unwarranted -- and potentially upsetting -- security measures to
every conceivable target, however unlikely it may be in reality.”
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