No Way To Complain = No Complaints = No Problem!

Boston’s fusion center, the Boston Regional Intelligence Center, no longer hosts their privacy policy on their website – I was told that it was “under review” and that the new policy will be posted when it’s ready – so it’s lucky for all of us that the ACLU of Massachusetts has a copy of the policy. And it’s a doozy.

If you’re worried about the fusion center’s privacy practices, and that it may have gathered information on you that it shouldn’t, then you’re essentially out of luck. Sure, you can write to them (the address is Boston Regional Intelligence Center, Boston Police Department, Privacy Committee, One Schroeder Plaza, Boston, MA 02120, (617) 343-4328), but the Privacy Policy specifies that the only complaints they will accept or review are those where:

… an individual has a complaint with regard to the accuracy or completeness of terrorism-related protected information that:
(a) Is exempt from disclosure,
(b) Has been or may be shared through the ISE [Information Sharing Environment], or
(c) (1) Is held by the BRIC and
(2) Allegedly has resulted in demonstrable harm to the complainant

So, in essence, before a complaint can even be reviewed about a given piece of information, the complainant has to know what information the fusion center holds on them, and has to be able to make an allegation of “demonstrable harm” – harm, that is, in the eyes of the BRIC. And there’s no procedure for complaining about the collection of monstrous quantities of data in the first place – only for circumstances where they have collected, and acted upon, something provably false about you personally.

That’s some catch, that catch-22.

Wonder how many people have successfully complained?

And by definition, if nobody’s complaining, they must be respecting our privacy, right?

In fact, they’re respecting our privacy so much, that they are aggregating data from the following sources (this is just the ones they’re acknowledging, summarized from the list in the appendix of their privacy policy):

“Telephone analysis software”, state crime information systems, national crime information systems, the state drivers’ license database, the Lexis-Nexis “Accurint” database, Thomson-Reuters’ “CLEAR” database [now integrated with Palantir!], “intelligence data” [up to and possibly including unminimized data collected via FISA], the Regional Information Sharing Systems (RISS) System, the Law Enforcement Online system, the Homeland Security Information Network (HSIN) System, jail management databases, the Financial Crimes Enforcement Network (FinCEN) System, state sex offender registries, “crime-specific listservs”, RSS readers, the High Intensity Drug Trafficking Areas (HIDTA) Program database, EPIC hospital records, the National Drug Intelligence Center (NDIC) database, state corrections/probation databases systems, and juvenile justice databases.

Based on information provided by BRIC employees on their LinkedIn profiles (thanks, guys!), we can also determine that the BRIC has access to gang databases, information from the Department of Youth Services, and “medical intelligence”, defined by the Department of Defense as “That category of intelligence resulting from collection, evaluation, analysis, and interpretation of foreign medical, bio-scientific, and environmental information that is of interest to strategic planning and to military medical planning and operations for the conservation of the fighting strength of friendly forces and the formation of assessments of foreign medical capabilities in both military and civilian sectors.”

So if you’ve never made an electronic financial transaction, never used the phone, never had a drivers’ license, never communicated with somebody abroad, never been in trouble with the law, never used drugs, and never been to a hospital abroad for treatment, then congratulations: you’re probably not in the fusion center’s database, and you still have a Fourth Amendment. And for the rest of us, they have records on you, that they aren’t going to allow you to review, and there’s nothing you can do about it. Why should you be concerned?

In related news, the BRIC is changing its slogan to “Share and Enjoy.”

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