The information collected includes records of every call placed on the Verizon communications network (and, it appears, every other U.S. phone carrier) including times, dates, lengths of calls, and the phone numbers of the participants, but not the names associated with the accounts.
For some, the collection of these data represent a grave violation of the privacy of American citizens. For others, the privacy issue is negligible, as long as it helps keep us safe from terrorism.
There are indeed privacy issues at play here, but they aren’t necessarily the obvious ones. In order to put the most important questions into context, consider the following illustration of a metadata analysis using sample data derived from a real social network. The sample data isn’t derived from telephone records, but it’s close enough to give a sense of the analysis challenges and privacy issues in play.
While this example is relevant to what happens behind the NSA’s closed doors, it is not in any way intended to be a literal or accurate portrayal. While every effort was made to keep this example close to reality, a wide number of hypotheticals and classified procedures ensure the reality is somewhat different.
We start with a classic scenario. U.S. intelligence officials have captured an al Qaeda operative and obtained the phone number of an al Qaeda fundraiser in Yemen.
You are an analyst for a fictionalized version of the NSA, and you have been authorized to search through metadata in order to expose the fundraiser’s network, armed with only a single phone number as a starting point.
The first step is refreshingly simple: You type the fundraiser’s phone number into the metadata analysis software and click OK.
In our example data, the result is a list of 79 phone numbers that were involved in an incoming or outgoing call with the fundraiser’s phone within the last 30 days. The fundraiser is a covert operator and this phone is dedicated to covert activities, so almost anyone who calls the number is a high-value target right out of the gate.
Using the metadata, we can weight each phone number according to the number of calls it was involved in, the lengths of the calls, the location of the other participant, and the time of day the call was placed. Your NSA training manual claims these qualities help indicate the threat level of each participant. Your workstation renders these data as a graph. Each dot represents a phone number, and the size of the dot is bigger when the number scores higher on the “threat” calculus.
This is already a significant intelligence windfall, and you’ve barely been at this for five minutes. But you can go back to the metadata and query which of these 79 people have been talking to each other in addition to talking to the fundraiser.
Foreign Policy asks some hard questions about we use that data.
1. How much contact can an analyst have with a U.S. person’s data before it becomes a troublesome violation of privacy? Is it a violation to load a phone record into a graph if the analyst never looks at it individually? Is it a violation to look at the number individually if you don’t associate a name? Is it a violation to associate a name if you never take any additional investigative steps?
2. Metadata analysis is more accurate when the data is more complete. Should minimization practices filter metadata on American citizens out of the analysis altogether? What if that means targeting might be less accurate and, ironically, more likely to designate innocent people for more intrusive scrutiny?
3. What percentage of phone traffic to targeted numbers travels only on foreign carriers? Does the absence of those data skew analysis and possibly overemphasize the scoring of phone numbers used by American citizens?
4. On a fundamental level, are we willing to trust mathematical formulas and behavioral models to decide who should receive intrusive scrutiny?
5. Metadata analysis rarely deals in certainties; it almost always produces probabilities. What probability of evil intent should these models demonstrate before the government uses them to help justify a phone tap, or a house search, or a drone strike? 90 percent? 60 percent? Should we allow incremental collection of slightly more intrusive data if they can clarify a marginal case?
6. Have we tested our analytical math to see how accurate its predictions are relative to the actual content of calls? If so, how were these tests done? If not, are we willing to trust these models based on their success in other fields, or do they need to be tested specifically for counterterrorism?
7. If we believe the models do need to be tested for accuracy, are we willing to endure the privacy violations such tests would almost certainly entail? Will more accurate models lead to better privacy in the long run by reducing the number of innocent people subjected to more intrusive scrutiny?
8. Are we willing to trust the government to hold this data? Although the government says this data is currently focused on foreign counterterrorism, do we believe the president might not order the NSA to access metadata in the wake of a terrorist attack of domestic origin?
9. On a related note, what happens if the origin of an attack isn’t immediately clear, as in the Boston Marathon bombing? Should the NSA immediately begin a broad analysis of metadata and continue until it’s clear where the responsibility lies?
10. If we were to allow the use of this technology in domestic terrorism investigations, during a crisis or otherwise, how do we avoid collecting information on legal political dissent? For instance, targeting anarchists might inadvertently produce a list of influential leaders in the Occupy movement. Targeting militia groups might create a database of gun sellers. When you plunge into a huge dataset, you sometimes get insights you didn’t expect.