VIRGINIA SETTING UP ITS OWN BIG BROTHER OPERATION

ELECTRONIC PRIVACY INFORMATION CTR - EPIC has submitted a Freedom of Information Act request under the Virginia state open government law in an effort to learn more about the Virginia "Fusion Center" and a related bill now pending in the Virginia state assembly.

Fusion Centers are elaborate databases, operated by state agencies, that gather personal information from both public and private sources for analysis and dissemination. The fusion center concept emerged from the Total Information Awareness program, managed by the Defense Advanced Research Project Agency, until Congress pulled the plug in 2003.

The interesting recent development is an effort now underway in Virginia to put these Big Brother databases outside of the state open government laws and the state privacy laws. The bill pending in Richmond would even immunize state officials from claims under state common law.

EPIC submitted the FOIA request because we suspect that the US Department of Justice and the US Department of Homeland Security worked behind the scenes on the Virginia legislation. If that is correct, it means that the surveillance systems that pose the biggest threats to privacy are being immunized from the laws that would help ensure accountability.