[IP] A very interesting question on news from the UK

Peter Swire peter at peterswire.net
Thu Aug 10 09:50:49 PDT 2006


Dave:

	Hiawatha Bray asks "to foil plots like this, what would IPers do?"

	I have an article to be published shortly that tries to address
that.  It's called "Privacy and Information Sharing in the War Against
Terrorism."  Available for free download in essentially-final form at
http://ssrn.com/abstract=899626.

	The article provides a checklist to apply to proposed information
sharing/surveillance programs, and then discusses each item on the
checklist.

	Here is the checklist, FWIW:

Due Diligence Checklist for a Proposed Information Sharing Program

1.  Will the proposed sharing tip off adversaries?
2.  Ends/means rationality.  Does the proposal improve security?
Cost-effectively?
3.  Is the proposal "security theater"?  How much does it provide the
appearance of security?
4.  Are there novel aspects to the proposed surveillance and
sharing?  What
risks, if any, accompany these novel aspects?
5.  Are there relevant lessons from historical instances of abuse?  What
checks and balances would mitigate risks of such abuse?
6.  Do fairness and anti-discrimination concerns reduce the
desirability of
the proposed program?
7.  Are there ways that the proposed measure could make the security
problems worse?
8.  What are the ramifications internationally and with other
stakeholders?
9.  Are there additional, privacy-based harms from the proposed measure?
10.  Will bad publicity undermine the program?

	Thanks,

	Peter

Prof. Peter P. Swire
C. William O'Neill Professor of Law
Moritz College of Law of
   The Ohio State University
Senior Fellow, Center for American Progress
(240) 994-4142, www.peterswire.net

-----Original Message-----
From: David Farber [mailto:dave at farber.net]
Sent: Thursday, August 10, 2006 9:33 AM
To: ip at v2.listbox.com
Subject: [IP] A very interesting question on news from the UK



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