TAMI Scenario 11

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Basic Metadata [ Edit ]
Type	Scenario
Name	TAMI Scenario 11
When	2008-06-04
Is related to	TAMI

Contents 1 Overview 1.1 goal 1.2 scenario overview 1.3 challenges 2 Test Data 3 Distributed Data 4 Reasoning on Rules 4.1 Data Model 4.2 Original Rules 4.3 Original Definitions 5 Resources

Overview

Note: the content in this section is mainly contributed by K. Krasnow Waterman

goal

• test expressiveness of AIR ontology in presenting real world rules
• test reasoning on conflicting information protection rules

scenario overview

This scenario is a fictional compilation of a number of US and foreign news events:

• Private data: A man in a vehicle was observed apparently taking photographs of security guards at a private nuclear power plant. One of the security guards took photographs of the man and his car and turned them over to the local police. The photographs provide a clear picture of the vehicle and its license plate, but a blurry photo of the man.
• State data: The local police looked up the license plate and then ran the owner's name in NCIC; the owner was a twice-convicted arsonist. The local police then looked up the owner's drivers license. Because the security guard photo was blurry it was not possible to match the drivers license photo; however, there was nothing in the drivers license photo that ruled out a match. The local police opened a criminal case investigation and created an ISE-SAR with all of the above information. The ISE-SAR is available to other local and federal agencies through the Central Florida Intelligence Exchange (CFIX).
• Federal data: An FBI analyst

summary

1. vehicle information detected by private organization
2. vehicle information passed to police, a Florida city government agency
3. police conduct further investigation by accessing Florida state and federal agency databases
4. [city police distribute information through a fusion center]
5. federal agency [wishes to] decide [whether to respond and/or] how to filter response based upon concern that city police might make be required to make public disclosure of information under the Florida Sunshine Law.

challenges

source: K's summary

Decentralization challenges

• distributed private data , and we should consider the location, ownership, format of data
• distributed private data may be protected by competing laws federal rules, state rules. i.e. the same data maintained at Federal agency and Florida agency may be protected by different set of rules.

Facts from the scenario

• City police check state DMV
  • DMV rules determine access
  • DMV rules decide send/City DB rules decide receive
  • City criminal procedures decide if it can be used for probable cause
• City police check NCIC
  • National Crime Prevention and Privacy Compact Council rules determine access and use
• FBI checks state ISE-SAR DB
  • Central Florida Intelligence Exchange (CFIX) rules determine access
  • Statute, Office of Director of National Intelligence, Attorney General guidelines, and FBI rules may determine use
• FBI needs to decide what info to send to City police
  • Will the city release the info under state Sunshine law?

Reasoning challenge

• FBI needs to decide what info to send to City police in Florida with the concern that the information may be disclosed to the public. This concern arises since information protection laws vary in different places. In this case, federal laws may protect information different from Florida Sunshine Law.

challenge	example
reason current/not current	Florida does not consider the case a “current investigation”and therefore would release the information if requested to do so under Sunshine Law.
reason exceptions to release data	FBI would not release the information under FOIA.
reason that second result is more restrictive and apply that rule	Florida law says if sharing agency’s rule is more restrictive, must follow that.

Test Data

Distributed Data

Reasoning on Rules

Data Model

Original Rules

1. Master Rule

• Short form: [any person] [may] [access and copy] [any state, county, or municipal records]
• Original Text: "It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency."
• Citation: 119.01(1) Florida Statutes

2. Digital Records

• Short form: The Master Rule also applies on [digital records] with two indepedent exceptions:
  • Exception: [exempt or confidential and not-permitted-by-law records]
  • Exception: [unreasonable access].
• Original Text: "Automation of public records must not erode the right of access to those records. As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law."
• Citation: 119.01(2)(a) Florida Statutes

3. Release

• Short form: [any person] [may] [access and copy] [public records] [at any reasonable time]
  • [under reasonable conditions]
  • [under the custodian's supervision]
• Original Text: "Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records."
• Citation: 119.07(1)(a) Florida Statutes
• [KKW note: there are multiple other explanatory subrules including one that says essentially the same thing for digital records. KKW has not included in an effort to simplify.]

4.Exemption Asserted ?

• Short form: If an exemption is asserted or applies to part of a record,
  • [the custodian] shall [redact] [the applicable part of the record]
  • [any person] [may] [access and copy] [the rest of the records]
• Original text: "A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying."
• Citation: 119.071(1)(d) Florida Statutes
• [LD] will redact hide the exempted part of record?

5. Active Law Enforcement

• Short form: [the following records] are exempted from Release Rule
  • Active criminal intelligence information
  • Active criminal investigative information
• Original text: "Active criminal intelligence information and active criminal investigative information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution."
• Citation: 119.071(2)(c)1 Florida Statutes

6. Law Enforcement Data Transfer

• Short form:
  • [information about whether a law enforcement agency has requested/received a public record] [are] exempted from Release Rule [during the period in which the information constitutes active criminal intelligence/investigation information]
• Original text: "A request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, during the period in which the information constitutes active criminal intelligence information or active criminal investigative information."
• Citation: 119.071(c)2.a. Florida Statutes
• [LD] extension of 5 ?

7. Exemption Expiration

• Short form:
  • [information about whether a law enforcement agency has requested/received a public record] [are not] exempted from Release Rule [when criminal intelligence/investigation information is no longer active]
  • the requesting law enforcement agency must provide notice when not active
• Original Text: "The law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when the criminal intelligence information or criminal investigative information is no longer active so that the request made by the law enforcement agency, the custodian's response to the request, and information that would identify whether the law enforcement agency had requested or received that public record are available to the public."
• Citation: 119.071(c)2.b. Florida Statutes
• [KKW Note: this rule might be used for Scenario 11B]

8. Accept Other Agency Rule

• Short form:
  • [any criminal intelligence information or criminal investigative information], available from [non-Florida criminal justice agency], may be accessed by [Florida criminal justice agency] following the [rules] imposed by [non-Florida criminal justice agency]
    • "non-Florida criminal justice agency" is
      • agency is headquartered in states other than Florida
      • agency is "criminal justice agency"
• Original text: "Whenever criminal intelligence information or criminal investigative information held by a non-Florida criminal justice agency is available to a Florida criminal justice agency only on a confidential or similarly restricted basis, the Florida criminal justice agency may obtain and use such information in accordance with the conditions imposed by the providing agency."
• Citation: 119.071(2)(b) Florida Statutes
• [KKW note: trying to find a way to define "non-Florida". Didn't say "street address not in Florida" because, for example, FBI has offices in Florida.]

9. Motor Vehicle Record (including definition)

• Short Form:
  • [Personal information in a motor vehicle record] is exempt from Release Rule
    • Personal information includes but is not limited to
      • SSN
      • Driver ID number
      • ID card number
      • Name
      • Address
      • Telephone number
      • Medical or disability information
      • emergency contact information
• Original Text: "Personal information contained in a motor vehicle record that identifies an individual is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution except as provided in this subsection. Personal information includes, but is not limited to, an individual's social security number, driver identification number or identification card number, name, address, telephone number, medical or disability information, and emergency contact information."
• Citation: 119.0712(2)(a) Florida Statutes

10. Law Enforcement Exception

• Short Form:
  • [Personal information in a motor vehicle record] [may] be [released] to [the following recipients]
    • a court
    • a law enforcement agency for any authorized purpose
    • a private person or entity acting on behalf of a federal, state, or local agency for an authorized purpose of the agency

• Original Text: "Personal information contained in motor vehicle records made confidential and exempt by this subsection may be released by the department for any of the following uses: ....

For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions."

• Citation: 119.0712(2)(b)(2) Florida Statutes

Original Definitions

• [Agent] Criminal Justice Agency
  • Short Form:
    • Criminal justice agency is
      • law enforcement agency
      • court
      • prosecutor
      • any agency
        • • • with criminal law enforcement duties by law
            • with custody of criminal intelligence information or criminal investigative information
              • if authorized purpose is assisting law enforcement agencies in active criminal investigation or prosecution
  • Original Text: "Criminal justice agency" means: (a) Any law enforcement agency, court, or prosecutor; (b) Any other agency charged by law with criminal law enforcement duties; (c) Any agency having custody of criminal intelligence information or criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties; or (d) The Department of Corrections."
  • Citation: 119.011(4)
  • [KKW note: Short form is not complete. Only addressing likely subsections for Scenario 11]

• Subrule: Criminal Intelligence Information
  • Short Form:
    • Data collected by a criminal justice agency is criminal intelligence information
      • If the purpose of collection was to anticipate, prevent, or monitor possible criminal activity
      • If the data is about identifiable person(s)
  • Original Text: "Criminal intelligence information" means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity."
  • Citation: 119.011(3)(a) Florida Statutes
  • [KKW note: I think everything collected by St Lucie PD before a criminal case was opened will fall under this definition]
• Subrule: *Active* Criminal Intelligence Information
  • Short Form:
    • Criminal Intelligence Information is active
      • if there is a reasonable, good faith belief that it will lead to detection of ongoing criminal activities
      • if there is a reasonable, good faith belief that it will lead to detection of reasonably anticipated criminal activities
      • if it is directly related to pending prosecutions or appeals
  • Original Text: "Criminal intelligence information is considered "active" as long "as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities" or "is directly related to pending prosecutions or appeals."
  • Section 119.011(3)(d), F.S.
    • Subrule: Exemptions
    • Short Form: Not active if
      • case is barred from prosecution by any statute of limitations
        • • statute of limitations is 775.15 F.S.
            • statute of limitations is [unknown other]
    • Original Text: "The word "active" shall not apply to information in cases which are barred from prosecution under the provisions of s. 775.15 or other statute of limitation."
    • 119.011(3)(d)(2) F.S.
• Subrule: Criminal Investigative Information
  • Short Form:
    • Data compilled by a criminal justice agency is criminal investigative information
      • If the compilation occurred while the agency was conducting a criminal investigation
      • If the data is about identifiable person(s)
  • Original text: "Criminal investigative information" means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance".
  • Citation: 119.0113(b) Florida Statutes
  • [KKW note: I think everything collected by St Lucie PD after a criminal case was opened will fall under this definition]
• Subrule: *Active* Criminal Investigative Information
  • Short Form:
    • Criminal investigative information is active
      • if it is related to an ongoing investigation
        • • if there is a reasonable good faith anticipation of securing arrest in the foreseeable future
          • if there is a reasonable good faith anticipation of securing a prosecution in the foreseeable future
      • if it is directly related to pending prosecution
      • if it is directly related to a pending appeal
  • Original Text: "Such information is considered "active" as long "as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future" or "is directly related to pending prosecutions or appeals."
  • Citation: Section 119.011(3)(d), Florida Statutes
  • Subrule: Exemptions
    • KKW Short Form: Not active if case is barred from prosecution by any statute of limitations
      • statute of limitations is 775.15 F.S.
      • statute of limitations is [unknown other]
    • Original Text: "The word "active" shall not apply to information in cases which are barred from prosecution under the provisions of s. 775.15 or other statute of limitation."
    • 119.011(3)(d)(2) F.S.
• Subrule: Definition Exception 1
  • Short Form
    • If a crime is reported, Criminal Intelligence Information and Criminal Investigative Information do not include the following data items from the report:
      • (1) time, date, location, and nature of the crime
  • Original Text: "Criminal intelligence information" and "criminal investigative information" shall not include: 1. The time, date, location, and nature of a reported crime.
  • Citation: 119.0113(c) Florida Statutes
  • [KKW note: I think the report by the power plant is not covered by this exemption because the taking of pictures of the plant was not reported as a crime]
• Subrule: Motor Vehicle Record
  • Short Form:
    • Motor Vehicle Record is
      • Motor vehicle operator's permit
      • Motor vehicle title
      • Motor vehicle registration
      • ID card issued by Department of Highway Safety & Motor Vehicles
  • Original Text: "For purposes of this subsection, the term "motor vehicle record" means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles."
  • Citation: 119.0712(2) Florida Statutes

Resources

• http://dig.csail.mit.edu/TAMI/2008/Scenario_11/