What is Truth?
New Mexico’s Department of Insurance has been using a lie- (or truth-) detection technology to question witnesses and suspects in fraud investigations since September of 2003. According to Eric Serna, New Mexico’s superintendent of insurance, the department has closed out a half dozen cases using the technology.
Called layered-voice-analysis or LVA, the software measures 128 vocal characteristics determines levels of stress, excitement, uncertainty and deception. Unlike a polygraph, which measures physical changes in the body, LVA evaluates the frequency range of voice patterns using 8,000 algorithms. A basic LVA unit consists of LVA software installed in a computer equipped with a microphone to digitize speech. Systems may also be set up to record voices, either in person or over the phone.
Developed in 1996 by Nemesysco of Zuran, Israel, LVA has been used by law enforcement agencies in Europe for the past five years and has recently gained acceptance in some U.S. law enforcement organizations, including New Mexico’s insurance department, Wisconsin’s Department of Corrections, and several local police departments. A Washington, D.C., based company called V, LLC, distributes LVA in North America.
In one New Mexico insurance case, a car theft ring transported stolen vehicles to Mexico, produced fake titles, and set up a sales operation. By recording the voices of suspects and witnesses and analyzing the stress characteristics of their speech, investigators decided who was telling the truth and who wasn’t, worked their way to the most likely suspects, and brought charges.
“The tool is helpful as a deterrent, too,” Serna says. “When individuals call us to file a claim, we’ll sometimes suggest that they come in for an interview and allow us to record their voices. We explain that we’re using a new technology to help determine whether or not they are being truthful. Sometimes, they’ll decide not to file a claim.”
“We call it an investigative focus tool,” says Richard Parton, CEO, president and co-founder of V. “You can use it in the first interview you have with someone, when you are still trying to figure out who was involved.”
Wisconsin’s Department of Corrections plans to use LVA to investigate crimes and infractions committed by state prisoners. “V’s layered voice analysis software will allow our investigators to focus on the information that matters during investigations,” says Sam Schneiter, security chief for the Wisconsin Department of Corrections. “It will also protect those who are not involved from being subjected to unnecessary disciplinary and/or legal action.”
The newest LVA application is a portable system designed for counter-terrorism work. Called V Sentinel, it consists of a small belt-mounted computer from Xybernaut and a tiny PC display from MicroOptical that mounts on the corner of a pair of glasses. The components weigh less than two pounds. Using LVA-based software called Mobile GateKeeper, an officer can identify emotional indicators associated with suspicious intent.
V Sentinel is designed to evaluate short utterances and one-word responses. Company officials say the system may prove useful for officers patrolling mass transit stations and airport security checkpoints. It may also be used during times of elevated threat conditions or in response to specific intelligence. When a person states his or her name or utters a short phrase, V Sentinel looks for high levels of thought, emotion, concentration and subconscious reaction. Responses determined to be suspicious activate a red light on the monitor.
LVA does not give yes and no answers. Instead, it provides raw data about the state of mind of the person being questioned.
What are the legal issues related to LVA? “Because LVA is new, there is no legal framework,” says David Watson, V co-founder and general counsel. “There may be issues related to certain state legislation about who can administer polygraph tests. We advise customers to satisfy themselves about this issue.”