Why agencies still use polygraphs and what a recent failure means for trust and reform
Interview transcript:Β
Terry Gerton Thereβs been a lot of controversy around polygraphs in government over the past few months. So letβs start with some of the basics. Why do agencies like CISA and DoD continue to rely on polygraphs for certain positions?
Dan Meyer So thatβs a great starting point. The first thing we have to recognize is that polygraph technology is so questionable that itβs generally not admissible in courts. So as evidence, itβs pretty thin, and thatβs been a generational trend. It used to be accepted far more back in the 1930s and 40s than it is now. So we use polygraphs in the United States for counterintelligence. Thatβs what itβs for, reliability of the workforce. We want to be able to test and employ statements, various questions against some empirical basis of truth. The challenge with the polygraph is that it measures not truth, but physiology. It measures the way the body reacts. And science, over the years, has started to show that women and men, for instance, donβt react the same. They donβt have the same physiology. Thatβs why we have to do different types of medical research now, because women were traditionally ignored, because we always thought that men were the baseline, and everybody would be the same as men. Well, that turned out not to be true. The same situation exists with polygraphs, and there can be differences across the board which polygraphers can never accept, and they canβt accept because that starts to undermine their position within the professional community. So thatβs the challenge, is that it measures physiology and not actual truth or veracity of the individual. At some point weβll be out of this problem because weβll have a tool thatβs better than the polygraph and I do think that artificial intelligence will create it, but we in the United States use the polygraph to catch spies, other countries donβt. And thatβs our only tool we really have. Weβre not good at actually doing assessment of human potential from other types of analysis. So weβre stuck with it. Itβs the only tool that weβve got and itβs the one we use. And if youβre in the intelligence community or if you are in law enforcement, the chances are youβre going to be under a polygraph at some point in your career, if not your entire career.
Terry Gerton There was a recent controversy around the acting CISA directorβs failure of a polygraph test. Can you fill us in a little bit on what went on there?
Dan Meyer Iβm not privvy to the exact details of his particular case, but the alarming part of that is it was CISA. CISA is the heart of our cyber defense, and for much of the Biden administration, it was under very, very close scrutiny from a variety of congressional oversight authorities. Senator Grassley, at one point, was doing an inquiry. So there was concerns that CISA was being used politically. So on top of that concerns, the Trump administration came in with a commitment to reform it. And then you have this problem. And the problem seems to have developed around two questions. One is, did the individual fail a polygraph? You really donβt fail a polygraph, either thereβs a detection or a non-detection. Itβs really not like a test you can fail. But clearly did not pass, to use the vernacular, according to the reports. And then thereβs the open question about whether that individual should have been under a polygraph, and thereβs this allegation out there in the press that somehow he was set up. And so those are the two concerns there. The second one is kind of unique in that polygraphs are given based on the position and whatβs called the criticality of the position. So itβs really about the classification of oneβs job that determines whether you get a polygraph. So there really should be no question as to whether a person should have a polygraph or not have a polygraph, so if there was an open question, that should have been elevated to the appropriate authority to decide that. My understanding is thatβs the DNI, is the DNI is in charge of reliability issues, security clearance issues across the board for the president in her capacity as the DNI, but not as the spymaster in the United States. Itβs a collateral duty. That should have been resolved and it should not be at the point now where employees are being accused and somebody whoβs now being seen as a victim of a wrongful polygraph process, thatβs ugly. We should have never gotten to that point. That should have been raised and clarified before the polygraph went forward. The second use goes back to my original comment about physiology. People can fail polygraphs for a variety of reasons. Thereβs the famous guilt-grabber complex, which is that an individual is very at attention in their thoughts, very self-reflective, very self-aware. People who are that way about events in their lives may start to have feelings of guilt. Feelings of guilt can trigger physiology. And sometimes your feeling of guilt that you didnβt feed the cat on time this morning can bleed over into a question that when you were asked whether you committed an act of terrorism against the United States. Well, letβs put it this way. If youβre a sociopath, the chances are youβre going to pass a polygraph because the way youβre constructed in your behavioral mental health diagnosis is ideally suited to not triggering the physiology cues that exist for the polygraph. But if youβre a deeply religious person or spiritual person, itβs in the community, this is known as the Jewish and Catholic issue. People who are Jewish and Catholic all had a Jewish or a Catholic mother. You were taught to always think you were doing something wrong. Iβm laughing because I was raised by a Catholic mother, and so I was always looking at my behavior and always questioning my behavior. That can be a disaster on a polygraph.
Terry Gerton Iβm speaking with Dan Meyer, heβs an equity partner at Tully Rinckey. With all of the challenges with the polygraph that youβve just articulated for us, if an employee or a contractor is facing one for their position, what are the best practices to prepare and protect themselves?
Dan Meyer Okay, so on the big picture, letβs talk about from the administration perspective. We ought not to have separate rules for separate people about polygraphs, weβve got to stick with the structure. If the position requires it, it has to be performed. There should not be special exceptions. I know you always want to have special exceptions, but thatβs a bad idea. For the individual, the first thing you do is do not watch videos and do not study the polygraph because you are going to be asked questions that ask you if you did that, and then youβre going to be in the awkward situation of trying to explain whether you adopted countermeasures to make it look like youβre telling the truth when youβre not telling the truth. Do not try to game the polygraph because if the polygraph has trouble figuring out truth or falsity, it does not have trouble figuring it out whether youβre gaming it, and thatβs a huge reason why people fail polygraphs. Itβs good to retain a law firm to get advice on your security profile to help you understand where your liabilities are and how to accurately report them. The whole key to the security paradigm is youβve got to be comfortable with the way you resolve the issues in your life so that when you talk to security officials and you talk about those issues, youβre open and candid and thereβs a complete and transparent flow of information between those people about that situation. Then you wonβt fail the polygraph, then youβre going to do fine on your security review. The challenge we have in American culture at this point in time is everybody thinks you have to withhold information to game the process. Game the process in our commercial lives as consumers, game the process in our private lives as family members. This is an evil that has drifted into American culture, and it really is harmful on the polygraph. So youβve got to think through about whether youβre open and honest about your life, and youβve got to incorporate that principle into your job application.
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