A Few Good Kids?
How the No Child Left Behind Act allowed military recruiters to collect info on millions of unsuspecting teens

by David Goodman

John Travers was striding purposefully into the Westfield mall in Wheaton, Maryland, for some back-to-school shopping before starting his junior year at Bowling Green State University. When I asked him whether he'd ever talked to a military recruiter, Travers, a 19-year-old African American with a buzz cut, a crisp white T-shirt, and a diamond stud in his left ear, smiled wryly. "To get to lunch in my high school, you had to pass recruiters," he said. "It was overwhelming." Then he added, "I thought the recruiters had too much information about me. They called me, but I never gave them my phone number."

Nor did he give the recruiters his email address, Social Security number, or details about his ethnicity, shopping habits, or college plans. Yet they probably knew all that, too. In the past few years, the military has mounted a virtual invasion into the lives of young Americans. Using data mining, stealth websites, career tests, and sophisticated marketing software, the Pentagon is harvesting and analyzing information on everything from high school students' GPAs and SAT scores to which video games they play. Before an Army recruiter even picks up the phone to call a prospect like Travers, the soldier may know more about the kid's habits than do his own parents.

The military has long struggled to find more effective ways to reach potential enlistees; for every new GI it signed up last year, the Army spent $24,500 on recruitment. (In contrast, four-year colleges spend an average of $2,000 per incoming student.) Recruiters hit pay dirt in 2002, when then-Rep. (now Sen.) David Vitter (R-La.) slipped a provision into the No Child Left Behind Act that requires high schools to give recruiters the names and contact details of all juniors and seniors. Schools that fail to comply risk losing their NCLB funding. This little-known regulation effectively transformed President George W. Bush's signature education bill into the most aggressive military recruitment tool since the draft. Students may sign an opt-out form – but not all school districts let them know about it.

Yet NCLB is just the tip of the data iceberg. In 2005, privacy advocates discovered that the Pentagon had spent the past two years quietly amassing records from Selective Service, state DMVs, and data brokers to create a database of tens of millions of young adults and teens, some as young as 15. The massive data-mining project is overseen by the Joint Advertising Market Research & Studies program, whose website has described the database, which now holds 34 million names, as "arguably the largest repository of 16-25-year-old youth data in the country." The JAMRS database is in turn run by Equifax, the credit reporting giant.

Marc Rotenberg, head of the Electronic Privacy Information Center, says the Pentagon's initial failure to disclose the collection of the information likely violated the Privacy Act. In 2007, the Pentagon settled a lawsuit (filed by the New York Civil Liberties Union) by agreeing to stop collecting the names and Social Security numbers of anyone younger than 17 and promising not to share its database records with other government agencies. Students may opt out of having their JAMRS database information sent to recruiters, but only 8,700 have invoked this obscure safeguard.

The Pentagon also spends about $600,000 a year on commercial data brokers, notably the Student Marketing Group and the American Student List, which boasts that it has records for 8 million high school students. Both companies have been accused of using deceptive practices to gather information: In 2002, New York's attorney general sued SMG for telling high schools it was surveying students for scholarship and financial aid opportunities yet selling the info to telemarketers; the Federal Trade Commission charged ASL with similar tactics. Both companies eventually settled.

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October 31, 2009

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