国会记录：2003年7月31日（参议院）页S10621-S10687报表ON提出的法案和决议案联合[...]通过法因戈尔德先生：1544 S.的法案，以提供数据挖掘报告大会;ReportsReports对司法委员会。法因戈尔德先生。主席先生，我今天很高兴能够提供2003年的数据 - 矿业报告法被称为数据挖掘能够维持包含公共和对每一个美国私人记录大量文件的未经检验的和有争议的智能程序。几乎每周，我们了解下像新命名的恐怖主义的意识程序开发一个新的数据挖掘项目。国会不应该了解这些计划的细节百万美元花在测试和使用针对不知情的数据 - 美国开采后。再加上已经通过本届政府采取的扩大国内监控，数据挖掘的发展选中是一个危险的一步，威胁，我们在反恐战争中战斗的最重要的价值之一 - 自由。我的法案将要求所有联邦机构对国会在90天内以及其后每年上用于查找指示所有美国人的恐怖分子或其他犯罪活动以及这些方案牵涉公民自由和隐私模式的数据挖掘程序进行报告。如果有必要，在各种报告中的信息甚至会进行分类。ReportsReports该法案并没有结束任何程序的资金，决定采用该技术的规则或威胁任何正在进行的调查使用的数据挖掘技术。 But, with complete information about the current data-mining plans and practices of the Federal Government, Congress will be able to conduct a thorough review of the costs and benefits of the practice of data-mining on a program by program basis and make considered judgments about which programs should go forward and which should not. My bill would provide Congress with information about the nature of the technology and the data that will be used. The Data-Mining Reporting Act would require all government agencies to assess the efficacy of the data-mining technology and whether the technology can deliver on the promises of each program. In addition, my bill would make sure that the federal agencies using data-mining technology have considered and developed policies to protect the privacy and due process rights of individuals and ensure that only accurate information is collected and used. Without Congressional review and oversight, government agencies like the Department of Homeland Security, the Department of Justice and the Department of Defense will be able 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 contained in commercial or public databases. Through comprehensive data-mining, everything from people's video rentals or drugstore purchases made with a credit card to their most private health records could be fed into a computer and monitored and reviewed by the Federal Government. Using massive data mining, the government hopes to be able to detect potential terrorists. There is no evidence, however, that data-mining will, in fact, prevent terrorism. Data-mining programs under development are being used to look into the future before being tested to determine if they would have even been able to anticipate past events, like September 11 or the Oklahoma City bombing. Before we develop the ability to feed personal information about every man, woman and child into a giant computer, we should learn what data-mining can and can't do and what limits and protections are needed. One must also consider the potential for errors in data-mining for example, credit agencies that have data about John R. Smith on John D. Smith's credit report make the prospect of ensnaring many innocents is real. Most Americans believe that their private lives should remain private. Data-mining programs run the risk of intruding into the lives of individuals who have nothing to do with terrorism but who trust that their credit reports, shopping habits and doctor visits would not become a part of a gigantic computerized search engine, operating without any controls or oversight. The Administration should be required to report to Congress about the impact of the various data-mining programs now underway or being studied, and the impact those programs may have on our privacy and civil liberties so that 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 bill. All it asks for is information to which Congress and the American people are entitled. I ask unanimous consent that the text of this bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 1544 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 Reporting Act of 2003". SEC. 2. DEFINITIONS. In this Act: (1) Data-mining.--The term "data-mining" means a query or search or other analysis of 1 or more electronic databases, where-- (A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement; (B) the search does not use a specific individual's personal identifiers to acquire information concerning that individual; and (C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity. (2) Database.--The term "database" does not include telephone directories, information publicly available via the Internet or available by any other means to any member [[Page S10673]] of the public without payment of a fee, or databases of judicial and administrative opinions. SEC. 3. REPORTS ON DATA-MINING ACTIVITIES. (a) Requirement for Report.--The head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit a public report to Congress 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 data-mining technology and the data that will be used. (2) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology. (3) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology. (4) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties. (5) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program. (6) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to-- (A) protect the privacy and due process rights of individuals; and (B) ensure that only accurate information is collected and used. (7) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not. (8) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. (c) Time for Report.--Each report required under subsection (a) shall be-- (1) submitted not later than 90 days after the date of the enactment of this Act; and (2) updated once a year and include any new data-mining technologies. ______