Bioethicist Jonathan Marks Raises Concerns About fMRI-based “Lie Detectors” and Coercive Interrogations

Penn State Live reports on concerns raised by Dr. Jonathan Marks about the premature adoption of fMRI-based lie detectors:

High tech interrogations may promote abuse
Monday, March 17, 2008

University Park, Pa. – There is evidence that brain imaging technology is being used to interrogate suspected terrorists despite concerns that it may not be reliable, and that it might inadvertently promote abuse of detainees, according to a Penn State researcher. He says the risk that such technology could license further abuse of detainees remains ever present, given President Bush’s March 8 veto of legislation that would have prohibited the CIA from conducting aggressive interrogations.

Continue reading ‘Bioethicist Jonathan Marks Raises Concerns About fMRI-based “Lie Detectors” and Coercive Interrogations’ »

Nebraska Polygrapher Charles O’Callaghan Named in Federal Lawsuit

Charles O’Callaghan, a polygraph examiner and Nebraska State Patrol investigator, has been named as a defendant in a lawsuit filed in the United States District Court for the District of Nebraska by Matthew Livers, from whom investigators coerced a false confession after an allegedly failed polygraph examination conducted by O’Callaghan, who is also a member of the Nebraska Association of Polygraph Examiners.

Continue reading ‘Nebraska Polygrapher Charles O’Callaghan Named in Federal Lawsuit’ »

Interview with Former CIA Polygraph Examiner John Sullivan

Sam Clay of the Fairfax County (Virginia) Public Library interviews John F. Sullivan, author of Gatekeeper: Memoirs of a CIA Polygraph Examiner, in a podcast released on Friday, 7 March 2008. The interview may be either listened to on-line or downloaded as an MP3 file.

For discussion of Sullivan’s book and experience, see the message threads Gatekeeper: Memoirs of a CIA Polygraph Examiner and CIA’s Most Experienced Polygrapher Failed CIA Polygraph After Writing Unwelcome Book on CIA Polygraph Division! on the AntiPolygraph.org message board.

Why Larry Sinclair’s Polygraph Examination Will Be Evidence of Nothing

AntiPolygraph.org’s George Maschke has prepared the following commentary on the upcoming polygraph examination of Larry Sinclair, who claims (without evidence to date) that in 1999 he twice performed oral sex on Barack Obama and observed him use crack cocaine.

Update (23 Feb 2008): Mr. Sinclair was polygraphed yesterday (Friday, 22 Feb.), evidently in Los Angeles, not New York, as previously announced by WhiteHouse.com. For discussion, see Larry Sinclair and the Polygraph on the AntiPolygraph.org message board.

Politics, Publicity Stunts, and Polygraphs: Obama Accuser Larry Sinclair Accepts WhiteHouse.com’s $100,000 Polygraph Challenge

On 18 January 2008, a Mr. Larry Sinclair of Duluth, Minnesota posted to YouTube a video statement entitled “OBAMA’S LIMO SEX & DRUG PARTY” in which he made sensational allegations against Democratic presidential hopeful Barack Obama and challenged him to a polygraph showdown. Mr. Sinclair has to date presented no evidence to corroborate his claims. The video is linked below and followed by a full transcript:

Hi. My name is Larry Sinclair. I’m making this video and posting it on YouTube because of an incident involving myself and Senator Barack Obama between November 3rd and November 8th of 1999 in the Chicago, Illinois area. The mainstream media and Obama himself has done greatly [sic] to prevent this story from becoming public.

During those time periods in 1999, I met Obama at an upscale lounge in Chicago, Illinois. After having a few drinks, Obama and I left in my limo, began to drink. Mr. Obama acquired powdered cocaine for my use, crack cocaine for his use. I performed oral sex on Senator Obama who at the time was a state representative for the state of Illinois.

Mr. Obama knows these allegations to be true. I’m challenging Mr. Obama to come forth, be honest, stop claiming that his drug use is limited to his teenage years. In 1999, you weren’t a teenager. In 1999, you were a state representative for the people of the state of Illinois. In 1999, I performed oral sex on you in the back of my limo, as well as in my hotel room in Gurnee, Illinois, two days later.

If you challenge this — the authenticity of this allegation — I challenge you to take a polygraph test, as I will submit to as well. These allegations are true and need to be told to the public. Let the public decide whether Mr. Obama is being forthright and honest. Thank you.

Mr. Sinclair soon became the darling of a number of right-of-center political blogs, and he has been interviewed by conspiracy theorist Jeff Rense (download MP3) and New York shortwave talk radio show “The Right Perspective” (download MP3).

On 11 February, Mr. Sinclair filed, pro se, a federal lawsuit against Barack Obama, his campaign manager, and the Democratic National Committee in which he repeated his allegations but again offered nothing to substantiate them.

Then on 15 February, sometime Internet pornographer Dan Parisi, who runs the website WhiteHouse.com, made his own polygraph challenge to Mr. Sinclair, offering him $10,000 to submit to a lie detector test and an additional $90,000 if he passes. Two days later, Parisi reported that Sinclair had accepted his challenge, and on Monday, 18 February, Parisi announced that the “test” will be administered by a “renowned” but as-yet-unnamed polygraph examiner on Tuesday, 26 February 2008. Parisi promises, “Since the outcome of the test will be vital interest [sic] to the voting public, our findings will be made available before the presidential primaries in Texas and Ohio slated for March 4.”

Actually, the results of Mr. Sinclair’s polygraph examination will shed no light on the question of whether he has spoken the truth, and the voting public should attach no weight to the results. Polygraph “testing” has no scientific basis: it’s fundamentally dependent on trickery, inherently biased against the truthful, and yet easily passed by liars using simple countermeasures that polygraphers have no demonstrated ability to detect. See AntiPolygraph.org’s e-book The Lie Behind the Lie Detector (1 mb PDF) for a thorough debunking of polygraphy and details on how anyone can fool the lie detector.

While polygraph challenges may make for titillating political theater and publicity stunts, they are a poor substitute for honest investigation.

American Polygraph Association Disapproves Fox’s Moment of Truth Lie Detector Show

Scott Michels reports for ABC News in “Is the Truth Worth $500,000?”:

Is the Truth Worth $500,000?
‘Truth’ or Fiction? Polygraph Association Questions New Reality Show
By SCOTT MICHELS

Dec. 13, 2007—

Hook someone up to a lie detector. Ask personal questions. Watch the person squirm.

That’s the premise of the new Fox TV reality show, “The Moment of Truth,” which some polygraph experts have criticized.

Contestants are asked a series of personal — and potentially embarrassing — questions while connected to a polygraph machine. Answer honestly, the premise goes, and you win money.

But an association of polygraph examiners is already questioning the accuracy of the show, which airs next month. The American Polygraph Association, a trade association of polygraph examiners that promotes the use of the machines, calls the show an irresponsible misuse of lie detectors.

“This is a wholesale abuse of a technology that has appropriate use in national security and community safety,” said Don Krapohl, the association’s chairman.

In the show, contestants undergo a pretape polygraph test, taken by a certified polygraph expert, of about 75 questions. They are not told the results of the test.

A few days later, they are asked 21 of those questions on camera and in front of an audience. The more answers that match what the lie detector says is true, the more money they win, up to $500,000.

Friends and family, who are in the audience, have a button they can hit to stop the contestant from answering.

Similar programs are being produced in 23 other countries, according to Fox, not always without controversy. A similar show has been a hit in Colombia but was briefly taken off the air earlier this year after a woman reportedly admitted on air that she had hired a hitman to kill her husband.

The questions in the U.S. version tend toward the confidential. Some samples: “Is there a part of your husband’s body that repulses you?” “Do you really care about the starving children in Africa?” “Are you sexually attracted to one of your wife’s friends?” “Do you like your mother-in-law?” “Do you think you’ll be with your husband five years from now?”

Answering the questions, sometimes in front of the very people who may be hurt by the answers, is all part of the novelty and intentional controversy of the show, says Fox. “What deep, dark secret will someone divulge for hundreds of thousands of dollars?” the network’s promotional materials ask.

But Krapohl of the American Polygraph Association said polygraph machines are unable to measure some of the kinds of questions that appear to be asked on the show, such as ones that measure attitudes and inclinations.

Polygraphs “test on past behavior, not on what’s going on in your head,” he said. The former head of the FBI’s polygraph unit, who was not familiar with the show, said the machines also cannot accurately measure a person’s beliefs, opinions or expectations.

A Fox spokesman, Michael Roach, declined to comment on the criticism. Mike Darnell, the station’s president of alternative entertainment, told the Los Angeles Times that early tapings show that contestants do lie during the show but don’t challenge the lie detector.

“It’s like a reality soap,” he told the paper. “Every one of us thinks about these things and has these thoughts, but we never have to say a word. But this show reads people’s minds. If they want the money, they have to be honest.”

Polygraphs work by tracking how a person’s body, through measurements such as blood pressure and pulse, responds to a series of questions. Though they accurately measure stress, the National Academy of Sciences has warned that the tests don’t necessarily show that a person is lying. A 2002 study warned that polygraphs are “intrinsically susceptible to producing erroneous results.”

Polygraphs are widely used by law enforcement agencies, who stand by their usefulness as investigative tools, though the results of the tests are generally inadmissible in court.

The Polygraph Association, which promotes the use of the tests, says studies have shown they are about 90 percent accurate in field tests, when used to ask about specific events in the past. They are less accurate when used in laboratory simulations. The National Academy of Sciences put it this way: “Specific-incident polygraph tests can discriminate lying from truth telling at rates well above chance, though well below perfection.”

This quote from the executive summary of the National Academy of Sciences’ report, The Polygraph and Lie Detection, has been stripped of important context. Here it is, the passage in-context:

CONCLUSION: Notwithstanding the limitations of the quality of the empirical research and the limited ability to generalize to real-world settings, we conclude that in populations of examinees such as those represented in the polygraph research literature, untrained in countermeasures, specific-incident polygraph tests can discriminate lying from truth telling at rates well above chance, though well below perfection. Because the studies of acceptable quality all focus on specific incidents, generalization from them to uses for screening is not justified. Because actual screening applications involve considerably more ambiguity for the examinee and in determining truth than arises in specific-incident studies, polygraph accuracy for screening purposes is almost certainly lower than what can be achieved by specific-incident polygraph tests in the field.

Note that the Academy’s conclusion is based on the examinee being untrained in polygraph countermeasures. Information on how to fool the polygraph is readily available to anyone who seeks it, and polygraphers have no way of ascertaining whether a person has learned how to beat the lie detector.

Scott Michels of ABC News continues:

The tests are far less accurate when used in employment screening, according to the Academy, and federal courts have warned that their accuracy is still subject to debate.

Kendall Shull, the former head of the FBI’s polygraph program, said that for questions to be reliable, they should be focused on past actions; questions that are too general or too broad could produce inaccurate results, he said.

The questions shouldn’t focus on a person’s intentions. “You cannot ask questions that ask for a person’s beliefs, opinions or expectations,” he said.

“You can’t ask if your spouse loves you. You can’t ask if they intend to divorce you,” he said. “But you can ask if they’ve visited an attorney.”

Contestants sign an agreement not to challenge the results of the polygraph test and Darnell told the Times that contestants tend not to dispute the accuracy of the test when caught in a lie.

James Blascovich, a University of California at Santa Barbara psychology professor who has done research on polygraph tests, suggested that the tests are useful because people believe they are accurate. “Because people believe, they might confess,” he said.

While the American Polygraph Association may be chagrined to see the polygraph used for entertainment purposes on a lowbrow television program, this use of the lie detector can at least do relatively little harm. There is broad consensus among scientists that polygraph testing is completely without scientific basis. Yet governmental agencies persist in using it for purposes of national security and public safety, and that can cause (and indeed has caused) great harm. To the extent that Fox’s “Moment of Truth” program fosters public re-examination of our reliance on this pseudoscience, some good may ultimately come of it.

For discussion of Fox’s Moment of Truth, see New Fox Gameshow “Moment of Truth” May Be a Golden Opportunity for Exposing Polygraphy as Quackery on the AntiPolygraph.org message board.

Robert Bazell Sheds Light on Lie Detectors

MSNBC chief science and health correspondent Dr. Robert Bazell comments on the U.S. Government’s persistent but misplaced reliance on polygraphy in his “Second Opinion” column:

Shedding light on lies — and lie detectors

Polygraphs persist despite failing science’s truth test

By Robert Bazell

Chief science and health correspondent

updated 9:08 a.m. ET Dec. 4, 2007

Two fascinating spy scandals came to light recently. Both cases illustrate the government’s bizarre reliance on lie detectors, even though sound science finds polygraph tests virtually useless.

Nada Nadim Prouty worked for both the FBI and CIA before an investigation revealed she had lied to get jobs at the two agencies. The probe found that she had obtained her U.S. citizenship illegally, searched the FBI’s restricted computer files on the terrorist organization Hezbollah, and had some relatives who might be affiliated with the group.

Prouty, who was born in Lebanon, was not charged with spying. She pleaded guilty last month in federal court to defrauding the government on the immigration charges. But, as part of the plea deal, she will have to answer questions about the suspicious relatives while hooked up to a polygraph.

The other case involves Rita Chiang, an FBI agent in the bureau’s China section who was forced to suddenly surrender her gun and badge in 2002. The agency believed a mole had compromised the division and suspected Chiang, although it ultimately cleared her and allowed her to return to duty. The mole, it turns out, was the mistress of Chiang’s boss.

As a result, Chiang quit and is now suing the FBI. She alleges that, after the charges were made she lived under such a cloud of suspicion that it was emotionally impossible for her to function.

Why did she come under suspicion in the first place? Apparently she failed a polygraph test.

Despite their common use by the government in these and many other cases — and what you’ve seen in movies and TV detective shows — polygraph machines don’t work very well.

Real world failure
An extensive study from the National Academy of Sciences published in 2003 concluded that in a very controlled setting — say, with college students in a psychology lab — a polygraph can discriminate lying at “rates above chance.”

But the machine — which measures pulse, blood pressure, sweat and other physiological parameters — often fails in the real world. Countermeasures, or ways to cheat the test, are well known and widely available. That’s why the National Academy of Sciences concluded that “polygraph test accuracy may be degraded by countermeasures, particularly when used by major security threats who have a strong incentive and sufficient resources to use them effectively.”

The Academy found that reliance on polygraph testing to screen government employees who may be potential security threats results in “too many loyal employees falsely judged deceptive and too many security threats left undetected.”

Indeed, the histories of the FBI and CIA are replete with spies and double agents who successfully evaded the polygraph.

Illuminating a lie
And, yet, polygraphs persist.

By one estimate, the federal government alone administers 40,000 a year. Evidence from polygraphs cannot be admitted in federal courts; however, some state courts allow them. Many law enforcement agencies rely on the devices to try to coerce confessions.

Polygraphs are big moneymakers for the companies that produce them. But beyond the commercial pressure, we may simply want to believe that scientists have found a magic way to look into the mind and illuminate a lie.

Many people expressed this opinion during a recent opening session of a project on neuroscience and the law, funded by the Macarthur Foundation. The foundation is providing a three-year, $10 million grant for the Law and Neuroscience Project, involving a distinguished group of neuroscientists, legal scholars and bioethicists. They’ll probe questions such as: could brain scans someday be used to find a liar? And what if scientists could find an accurate picture of the criminal mind? Should we screen schoolchildren before they get into trouble?

From what I can see, these applications are far in the future — if they are ever ascertainable.  The problem — as the polygraph shows us — is that lack of scientific proof may not prevent widespread use of other machines that promise to see inside our brains.

MSNBC has also posted a poll that asks the question, “Do you think the U.S. government should continue to use polygraph tests?”

Prouty and Higazy Cases Demand Congressional Investigation

In “Polygraph Tests Raise Questions,” retired FBI special agent and scientist Dr. Drew Richardson comments for the Staunton, Virginia News Leader:

I have previously written about the tools and trade of national security practice in this column. Topics have included the lack of validity of polygraphic lie detection, the need for recorded interviews and interrogations, sundry considerations regarding the use of torture and the potential impact of bias on national security investigations.

One case that has recently resurfaced and may exemplify the consequences of failure in multiple areas should be the focus of our attention today. Before analyzing that failure I would like to comment upon a separate matter that has produced mainstream headlines recently.

The Justice Department announced that Nada Nadim Prouty, a 37-year-old Lebanese national, recently pled guilty to fraudulently obtaining U.S. citizenship. With her new citizenship, Ms. Prouty was able to seek and obtain employment as a FBI special agent and a CIA officer. As a result of access made available to Prouty through this employment, she was able to unlawfully search federal computer systems for information regarding the terrorist organization Hizballah.

Prouty would probably have passed applicant polygraph exams for both agencies. She would have been found to be truthful regarding the falsified information that she provided on her job applications concerning her citizenship.

Last month the U.S. Court of Appeals for the 2nd Circuit reinstated a civil suit filed in behalf of Egyptian citizen Abdallah Higazy against an FBI special agent and polygraph examiner. The suit relates to a false confession obtained in December 2001 during a post-test interrogation that followed a polygraph examination.

Apparently, Mr. Higazy was erroneously accused of being dishonest in his answers to various questions posed to him during a polygraph examination. During his post-test interrogation, Higazy ultimately confessed to stealing a radio from the Egyptian military to be used for eavesdropping — a radio which had previously been recovered.

It has since been conclusively shown that Higazy did not own the radio and that a hotel employee fabricated a story about it being found in Higazy’s hotel room safe. Higazy was held in custody for 34 days prior to his ultimate release.

Higazy has stated that his false confession was based on what he believes to be a coercive interrogation that led him to believe his family in Egypt might be tortured unless he cooperate by furnishing the confession. It remains to be seen what the government’s and the polygraph examiner’s full response will be at any subsequent trial.

What appears to be clear at this point is that polygraph validity is once again called into question and that the customary practice of not recording FBI interviews will make it difficult to objectively and conclusively know what actually transpired between Higazy and the examiner in the polygraph suite on that fateful day.

One is left wondering whether any bias played a role in erroneous polygraph findings. Did the false testimony of the hotel employee that was no doubt made known to the examiner through investigative agents impact his examination? Did Higazy’s ethnicity, nationality and the close association in time to the events of 9/11 impact this examination? I don’t know — but I am convinced that various forms of bias can play a role in the outcome of a polygraph examination.

And what about torture? There is no reason to believe actual torture played a role in this matter. Because of a lack of recording, any discrepancies regarding a threat of torture will likely remain a mystery. But then — to what extent might even a wrongly construed perception regarding the possibility of torture have contributed to a false confession? Those who might consider utilizing torture to obtain information should consider this matter closely. Ethics aside, the efficacy of torture, its threat and even its mention is clearly brought into question.

There is much to be learned from this matter, and, no doubt, much that needs to change. I would hope the appropriate committees in Congress would investigate the facts and implications of the Prouty and Higazy matters.

Drew Richardson is a retired FBI agent and cardiovascular physiologist who teaches forensic science at James Madison University. Contact him at dr0404@hotmail.com.

Symptom Validity Testing

ScienceDaily reports on an article published in the journal Psychophysiology describing a technique adapted by Maastricht University doctoral student Ewout Meijer and others for use in combination with polygraph-based concealed knowledge testing. The abstract of Meijer et al.’s “Combining skin conductance and forced choice in the detection of concealed information” is cited here:

An advantage of the concealed information polygraph test (CIT) is that its false positive rate is determined on statistical grounds, and can be set a priori at arbitrary low levels (i.e., few innocents declared guilty). This criterion, however, inevitably leads to a loss of sensitivity (i.e., more guilty suspects declared innocent). We explored whether the sensitivity of a CIT procedure could be increased by adding an independent measure that is based on an entirely different psychological mechanism. In two experiments, we explored whether the accuracy of a CIT procedure could be increased by adding Symptom Validity Testing (SVT), a relatively simple, forced-choice, self-report procedure that has previously been used to detect malingering in various contexts. Results of a feigned amnesia experiment but not from a mock crime experiment showed that a combination measure of both tests yielded better detection than either test alone.

New Jersey Court Rejects Uncounseled Polygraph Stipulations

Gannett correspondent Michael Rispoli reports for the Asbury Park Press in “Conviction overturned due to polygraph test”:

A New Jersey appellate court on Tuesday reversed the sexual molestation conviction of a Union County man due to the unreliability of a lie detector test given to him before he was charged with the crime.

The defendant, known as A.O. in court documents, was convicted of sexually assaulting his girlfriend’s 9-year-old daughter in 2001. The prosecution’s case relied heavily upon A.O.’s failed polygraph test, which he took after the allegations were lodged, without a defense attorney involved. A.O. was arrested and charged after the failed test, but the daughter recanted her accusation before reaffirming it a year later.

Since the reliability of polygraph tests is still debated in the scientific field, the appellate court found it “fundamentally unfair to permit an uncounseled defendant to stake his fate on what may be the equivalent of a coin toss.”

“Because the polygraph evidence may well have made the difference between conviction and acquittal in this case, the conviction must be reversed and the matter remanded for retrial,” wrote Appellate Judge Susan L. Resiner in the court’s opinion.

Union County Prosecutor’s Office spokeswoman Eileen Walsh said the office would be appealing the decision, but would not comment further on the court’s decision.

The ruling could have statewide implications. In a separate opinion that concurred with the main 34-page decision, Appellate Judge Harvey Weissbard urged the state Supreme Court to “take the next, logical step, barring the use of polygraph evidence entirely.”

Weissbard said the problem with a polygraph is “not just that it is unreliable, but . . . so inherently prejudicial.”

The Court’s decision, including Judge Weissbard’s separate opinion, may be downloaded here (125 kb PDF).