国会纪录：2003年1月16日（参议院）Page S1071-S1085关于所引入的账单和联合决议的陈述由Feingold先生（为自己，Corzine先生，Wyden先生和佛罗里达州纳尔逊先生）：S. 188.根据国防部和国土安全部的任何类似计划的信息意识课程，暂停执行Datamining的法案，以及其他目的;向司法委员会委员会。Feingold先生。主席先生，我今天很高兴地介绍了2003年的数据挖掘法案。就像许多美国人一样，在过去的几个月里，我感到惊讶地学习，国防部已经花了数亿美元的发展数据挖掘系统称为总信息意识，同时允许总信息意识的后代出现在国土安全部等地方。被称为数据挖掘的未经测试和争议的智能程序能够维护包含每个和每个美国公共和私人记录的广泛文件。再加上该管理的扩大的国内监督，这种未经检查的系统是向前危险的阶梯，威胁到我们为自由而战的价值观。行政当局有沉重的证据，证明这种极端措施是必要的。2003年的数据采矿暂停法案将立即暂停国防部和国土安全部的数据矿业，直到大会对全面的信息意识和数据挖掘实践进行了彻底审查。 Without Congressional review and oversight, data-mining would allow the Department of Homeland Security, the Department of Defense and other government agencies to collect and analyze a combination of intelligence data and personal information like individuals' traffic violations, credit card purchases, travel records, medical records, communications records, and virtually any information collected on commercial or public databases. Through comprehensive data-mining, as envisioned [[Page S1080]] with Total Information Awareness, everything from people's video rentals or drugstore purchases made with a credit card to their most private health concerns could be fed into a computer and monitored by the Federal Government. Using massive data mining, like Total Information Awareness, the government hopes to be able to detect potential terrorists. There is no evidence that data-mining will, in fact, prevent terrorism. And when one considers the potential for errors in data, for example, credit agencies that have data about John R. Smith on John D. Smith's credit report, the prospect of ensnaring many innocents is real. This approach might also lead to the same kinds of so-called ``preventive'' detentions that are unconstitutional and put more than 1,100 individuals in jail after September 11. Although none of these people were ever charged with orchestrating or aiding the attacks, they were often held for months on end, and went for weeks without access to counsel. There is every reason to be concerned that uncontrolled data- mining systems would lead to the same abuse of power. The Administration's assurances that a data-mining system will not abuse our privacy rights ring hollow, particularly to those of us who questioned the breathtaking new Federal powers in the USA PATRIOT Act. We heard these same assurances when the Administration pressed for enactment of that sweeping legislation in the months after September 11th, that the government would act with restraint to ensure that its application of the Act would not infringe on our liberties. The opposite has turned out to be true. In fact, some of the most serious infringements on our personal freedoms in the USA PATRIOT Act can now contribute to the data-mining effort. The USA PATRIOT Act allows the government to compel businesses to produce records about people who had only a remote contact with a person sought in connection with an investigation of terrorism, including sitting on an airplane with the suspect, or having used the same payphone as the suspect. Under the PATRIOT Act, any business records can be compelled, including those containing sensitive personal information like medical records from hospitals or doctors, financial records, or records of what books someone has taken out of the liberary. This information is exactly the kind of data that data-mining programs like Total Infomration Awareness will use when compiling its files on the American people. The danger of data-mining is compounded not only by provisions in the USA PATRIOT Act, but also by the Administration's loosening of domestic surveillance restrictions for FBI agents last year, restrictions that were put in place following FBI abuses under J. Edgar Hoover. These various initiatives of the Administration are building on each other to give away more and more of our personal information, and give away more and more of our personal freedoms. It is reasonable to ask Americans to sacrifice some personal freedom like submitting to more extensive security screenings at airports. But should we allow the government to track our every move, from what items we purchase online, to our medical records, to our financial records, without limits and without accountability? I believe most Americans would say that that's a police state, not the America we know and love. We would catch more terroists in a police state. I don't doubt that. But that's not a country in which most Americans would want to live. Each time we have been told that government authorities would use restraint with its new powers, but Congress and the American people should not find comfort in these assurances, especially since they have been made by an Administration that has been operating in greater and greater secrecy. The Administration must suspend this massive data mining project until Congress can determine whether the proposed benefits of this practice come at too high a price to our privacy and personal liberties. I urge my colleagues to support this measure, and I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 188 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Data-Mining Moratorium Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Use of advanced technology is an essential tool in the fight against terrorism. (2) There has been no demonstration that data-mining by a government, including data-mining such as that which is to occur under the Total Information Awareness program, is an effective tool for preventing terrorism. (3) Data-mining under the Total Information Awareness program or a similar program would provide the Federal Government with access to extensive files of private as well as public information on an individual. (4) There are significant concerns regarding the extent to which privacy rights of individuals would be adversely affected by data-mining carried out by their government. (5) Congress has not reviewed any guidelines, rules, or laws concerning implementation and use of data-mining by Federal Government agencies. SEC. 3. MORATORIUM ON IMPLEMENTATION OF TOTAL INFORMATION AWARENESS PROGRAM FOR DATA MINING. (a) Moratorium.--During the period described in subsection (b), no officer or employee of the Department of Defense or the Department of Homeland Security may take any action to implement or carry out for data-mining purposes any part of (including any research or development under)-- (1) the Department of Defense component of the Total Information Awareness program or any other data-mining program of the Department of Defense; or (2) any data-mining program of the Department of Homeland Security that is similar or related to the Total Information Awareness program. (b) Moratorium Period.--The period referred to in subsection (a) for a department of the Federal Government is the period beginning on the date of the enactment of this Act and ending on the date (after the date of the enactment of this Act) on which there is enacted a law specifically authorizing data-mining by such department. SEC. 4. REPORTS ON DATA-MINING ACTIVITIES. (a) Requirement for Report.--The Secretary of Defense, the Attorney General, and the head of each other department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit to Congress a report on all such activities of the department or agency under the jurisdiction of that official. (b) Content of report.--A report submitted under subsection (a) shall include, for each activity to use or develop data- mining technology that is required to be covered by the report, the following information: (1) A thorough description of the activity. (2) A thorough discussion of the plans for the use of such technology. (3) A thorough discussion of the policies, procedures, and guidelines that are to be applied in the use of such technology for data-mining in order to-- (A) protect the privacy rights of individuals; and (B) ensure that only accurate information is collected. (c) Time for Report.--Each report required under subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act. SEC. 5. CONSTRUCTION OF PROVISIONS. Nothing in this Act shall be construed to preclude the Department of Defense or the Department of Homeland Security from conducting-- (1) computer searches of public information; or (2) computer searches that are based on a particularized suspicion of an individual. ______