The Department of Homeland Security has released the 2011 Annual Data Mining Report. The report must include all of the Agency's current activities that fall within the legislative definition of "data mining." Among other things, this year's report references the Agency's programs to profile individuals entering or leaving the country to determine who should be subject to "additional screening." A FOIA request by EPIC in 2011 revealed that the FBI's standard for inclusion on the list is "particularized derogatory information," which has never been recognized by a court of law. The report also provides information on Secure Flight and Air Cargo Advanced Screening. For more information, see EPIC: FBI Watch List FOIA and EPIC: DHS Privacy Office.
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Communications Law and Policy
Jerry Kang and Alan Butler