Tag: department of homeland security

‘The End of Privacy’ and the Surveillance-Industrial Complex

By
Julian Sanchez

National Public Radio’s All Things Considered ran a series on “The End of Privacy” all last week that’s worth a listen. They’re primarily concerned with the ways private companies have access to vast quantities of information about individuals in the digital age—something that civil libertarians have traditionally been less concerned about than government access, for many perfectly valid reasons.  But it’s worth noting how porous that distinction can be.  A 2006 survey by the Government Accountability Office found that just four government agencies—the Justice Department, Department of Homeland Security, State Department, and Social Security Administration—spent at least $30 million annually on contracts with information resellers like Choicepoint. The vast majority of that data (91%) was used for law enforcement or counterterror purposes.  And GAO found that the resellers weren’t always in full compliance with the privacy practices that the agencies themselves are supposed to follow.

Choicepoint, coincidentally, is one of the largest clients of the consulting firm run by former Attorney General John Ashcroft. Little wonder given the amount of cash at stake: As reporter Tim Shorrock has documented, some 70 percent of our vast intelligence budget is channeled through private-sector contractors, which means that we need to understand government surveillance policy in the context of a “surveillance-industrial complex” that parallels the more familiar military-industrial complex known for bringing us $600 toilet seats and other forms of pork in camo gear. It’s worth bearing in mind that it’s not just investigatory zeal and public fear driving the expansion of the surveillance state—a lot of people are making a lot of money off it as well.

Topics: 
Law and Civil Liberties, Telecom, Internet & Information Policy

“VIPR” Stands for “Visible Intermodal Prevention and Response” …

By
Jim Harper

… and it’s sinking its fangs into Americans’ civil liberties.

Here’s a story about a “VIPR” team performing a “sting” operation on innocent Americans at a bus terminal in Florida, searching their persons and bags and discovering their petty crimes.

It’s almost a certainty that whoever named this sub-unit of the Department of Homeland Security thought it was a clever way to convey machismo and give a sense of mission to members of VIPR teams. But it also illustrates how the 9/11 terrorist attacks have caused the United States to lose its grip and behave like a cornered snake rather than a strong, free country.

The natural illogic of VIPR stings is that terrorism can strike anywhere, so VIPR teams should search anywhere. It’s the undoing of the Fourth Amendment, and it’s unwarranted counterterrorism because it expends resources on things that won’t catch or deter terrorists. Indeed, VIPR “stings” may encourage terrorism because they show that terrorism successfully undermines the American way of life.

Topics: 
Foreign Policy and National Security, Law and Civil Liberties

The FY 2010 Defense Authorization

By
Christopher A. Preble

Yesterday Congress passed the $680 billion FY 2010Defense Authorization Bill, which authorizes the largest such budget since the end of World War II. If, as is all but certain, President Obama signs the legislation, he will have failed to halt the inexorable growth in military spending, and he will signal to American taxpayers that they should expect more of the same. What’s worse, most of this money is not geared to defending America. Rather, it encourages other countries to free-ride on the United States instead of taking prudent steps to defend themselves.

The defense bill represents only part of our military spending. The appropriations bill moving through Congress governing veterans affairs, military construction and other agencies totals $133 billion, while the massive Department of Homeland Security budget weighs in at $42.8 billion. This comprises the visible balance of what Americans spend on our national security, loosely defined. Then there is the approximately $16 billion tucked away in the Energy Department’s budget, money dedicated to the care and maintenance of the country’s huge nuclear arsenal.

All told, every man, woman and child in the United States will spend more than $2,700 on these programs and agencies next year. By way of comparison, the average Japanese spends less than $330; the average German about $520; China’s per capita spending is less than $100.

The massive imbalance between what Americans spend on our military, and what others spend, flows directly from our foreign policy. Several decades ago, Washington opted to be the world’s policeman, and has ever since discouraged other countries from spending more on their own defense. President Obama has tacitly questioned this approach in the past, and has called on other countries to step forward and do more. But his actions will drown out his words.

The president has defended his support for continued bloated military spending, with additional monies going especially to a larger conventional army, as a way to reduce the strains on our troops and their families. This is a noble impulse. But a far better way to relieve the burdens on our overstretched force is to rethink all of our global military commitments, and align our strategy to our means. A new grand strategy, predicated on self-reliance and restraint, would relieve the burdens from the backs of our troops and from taxpayers. That new strategy would compel other countries to finally assume their rightful responsibilities in defending themselves and their respective regions.  

The governing class in Washington has consistently resisted such a change. It is enamored of its ability to manage not just the rest of the country, but indeed the rest of the world, and sees no reason to change. Neither, it would seem, does President Obama. By embracing a military budget explicitly geared toward sustaining the status quo, the president virtually ensures that other countries will not share in the costs of keeping the world relatively prosperous and at peace.

Topics: 
Foreign Policy and National Security

Is the U.S. Government Behaving Strategically With Regard to Al Qaeda?

By
Jim Harper

To its credit, the Department of Homeland Security distributes important documents via email. (Subscribe on their home page by scrolling down to find the “Subscribe to E-mail Updates:” box in the right column, then select your preferences.)

Yesterday DHS sent me a copy of the written testimony by Michael E. Leiter, Director of the National Counterterrorism Center, for a Senate Homeland Security and Governmental Affairs Committee hearing titled: “Eight Years After 9/11: Confronting the Terrorist Threat to the Homeland.”

As I read Leiter’s (relatively brief) testimony, I wondered how well it squares with the strategic counsel offered by Audrey Kurth Cronin, Professor of Strategy at the U.S. National War College, Senior Research Associate in the Changing Character of War Programme at Oxford University, and a participant in Cato’s January counterterrorism strategy conference.

In her Institute for International Strategic Studies paper, “Ending Terrorism: Lessons for Defeating Al-Qaeda,” she offered several counterterrorism strategy pointers:

The first prong of a successful strategy to counter al-Qaeda’s terrorism is to clarify to audiences around the globe exactly what al-Qaeda is and what it is not. This is not just of academic interest. It is partly because there is so much vague use of the name ‘al-Qaeda’ that it seems superhuman and ubiquitious… . When politicians and experts employ the term ‘al-Qaeda’ loosely, they help its propagandists to construct and perpetuate their desired image and to mobilise support.

…

Violent internal cleavages and bickering are endemic to the al-Qaeda movement, and have been from the outset, and the second prong in a successful strategy against al-Qaeda is consciously to exploit them.

…
The third element in a successful strategy against al-Qaeda is to disaggregate the many elements of the movement and develop more sophisticated, targeted counter-terrorism policies tailored to its constituent parts. The aim must be to enlarge the movement’s internal inconsistencies and differences … .

At our counterterrorism conference, terrorism expert Marc Sageman similarly said, “We often unify our enemies needlessly… . Let’s not unify our enemy and give it strength that way.”  (If you don’t watch all of panel III, you can start at minute 66.)

Read Michael E. Leiter’s testimony for yourself and see how well it reflects the counsel of these experts.

Topics: 
Foreign Policy and National Security

The REAL ID Deadline Is Fake

By
Jim Harper

Some state governments have claimed that a pending compliance deadline for REAL ID requires them to tighten up their driver’s licensing procedures consistent with the 2005 national ID law. (But see this.)

In fact, REAL ID is dead and the deadline is fake. More than a dozen states have statutorily barred themselves from complying, and in a rule published Monday the Department of Homeland Security extended the deadline again. This is the same thing it did last May and could easily do indefinitely.

The republic survives, and will survive quite nicely without this or any national ID law.

Topics: 
Telecom, Internet & Information Policy, Trade and Immigration

Tom Ridge on the Bush Administration’s War on Terror

By
Doug Bandow

Former congressman, governor, and secretary of the Department of Homeland Security Tom Ridge is a long-time GOP loyalist.  But he apparently doesn’t have good things to say about the Bush administration on its vaunted war on terrorism.

A new report on his upcoming book warns:

Tom Ridge, the first head of the 9/11-inspired Department of Homeland Security, wasn’t keen on writing a tell-all. But in The Test of Our Times: America Under Siege…and How We Can Be Safe Again, out September 1, Ridge says he wants to shake “public complacency” over security.

And to do that, well, he needs to tell all. Especially about the infighting he saw that frustrated his attempts to build a smooth-running department. Among the headlines promoted by publisher Thomas Dunne Books: Ridge was never invited to sit in on National Security Council meetings; was “blindsided” by the FBI in morning Oval Office meetings because the agency withheld critical information from him; found his urgings to block Michael Brown from being named head of the emergency agency blamed for the Hurricane Katrina disaster ignored; and was pushed to raise the security alert on the eve of President Bush’s re-election, something he saw as politically motivated and worth resigning over.

This confirms widespread suspicion that the Bush administration’s terrorism initiatives were highly political.  It also undercuts the claim that we should trust government to protect us by sacrificing our liberties and giving trustworthy public servants greater discretion.

Topics: 
Foreign Policy and National Security, Government and Politics

Assessing the Claim that CDT Opposes a National ID

By
Jim Harper

It was good of Ari Schwartz to respond last week to my recent post querying whether the Center for Democracy and Technology outright opposes a national ID or simply “does not support” one.

Ari says CDT does oppose a national ID, and I believe that he honestly believes that. But it’s worth taking a look at whether the group’s actions are consistent with opposition to a national ID. I believe CDT’s actions – most recently its support of the PASS ID Act – support the creation of a national ID.

(The title of his post and some of his commentary suggest I have engaged in rhetorical excess and mischaracterized his views. Please do judge for yourself whether I’m being shrill or unfair, which is not my intention.)

First I want to address an unusual claim of Ari’s – that we already have a national ID system. If that is true, his support for PASS ID is more sensible because it is an opportunity to inject federal privacy protections into the existing system (putting aside whether it is a federal responsibility to manage a state system or systems).

Do We Already Have a National ID?

I have heard a few people suggest that we have a national ID in the form of the Social Security Number. I believe the SSN is a national identifier, but it fails the test of a national identification card or system because it is not used for identification. As we know well from the scourge of identity fraud, there is no definitive way to tie an SSN to a person. The SSN is not used for identification (at least not reliably and not alone), which is the third part of my national ID definition. (Senator Schumer might like the SSN to form the basis of a national ID system, of course.)

But Ari says something different. He does not claim any definition of “national ID” or “national ID system.” Instead, he appeals to the authority of a 2003 report from a National Academy of Sciences group entitled “Who Goes There?: Authentication Through the Lens of Privacy.” That report indeed says, “State-issued driver’s licenses are a de facto nationwide identity system” – on the second-to-last substantive page of its second-to-last substantive chapter

But this is a highly selective use of quotation. The year before, that same group issued a report called “IDs – Not That Easy: Questions About Nationwide Identity Systems.” From the beginning and throughout, that report discussed the many issues around proposals to create a “nationwide” identity system. If the NAS panel had already concluded that we have a national ID system, it would not have issued an entire report critiquing that prospect. It would have discussed the existing one as such. Ari’s one quote doesn’t do much to support the notion that we already have a national ID.

What’s more, CDT’s own public comments on the proposed REAL ID Act regulations in May 2007 said that its data-intensive “one person – one license/ID card – one record” policy would ”create a national identification system.”

If a national ID system already existed, the new policy wouldn’t create one. This is another authority at odds with the idea that we have a national ID system already.

Support of PASS ID might be forgiven if we had a national ID system and if PASS ID would improve it. But the claim we already have one is weak.

“Political Reality” and Its Manufacture

But the heart of Ari’s claim is that supporting PASS ID reflects good judgment in light of political reality.

Despite the fact that there are no federal politicians, no governors and no appointed officials from any party publicly supporting repeal of REAL ID today, CDT still says that repeal is an acceptable option. However, PASS ID would get to the same outcome, or better, in practice and has the added benefit of actually being a political possibility… . I realize that Harper has invested a lot of time fighting for the word “repeal,” but at some point we have to look at the political reality.

A “Dear Colleague” letter inviting support for a bill to repeal REAL ID circulated on the Hill last week. How many legislators will hesitate to sign on to the bill because they have heard that the PASS ID Act, and not repeal of REAL ID, is CDT’s preferred way forward?

The phrase “political reality” is more often used by advocates to craft the political reality they prefer than to describe anything truly real. Like the observer effect in experimental research, statements about “political reality” change political reality.  Convince enough people that a thing is “political reality” and the sought-after political reality becomes, simply, reality.

I wrote here before about how the National Governors Association, sensing profit, has worked diligently to make REAL ID a “political reality.” And it has certainly made some headway (though not enough). In the last Congress, the only legislation aimed at resolving the REAL ID impasse were bills to repeal REAL ID. Since then, the political reality is that Barack Obama was elected president and an administration far less friendly to a national ID took office. Democrats – who are on average less friendly to a national ID – made gains in both the House and Senate.

But how are political realities crafted? It has often been described as trying to get people on a bus. To pass a bill, you change it to get more people on the bus than get off.

The REAL ID bus was missing some important riders. It had security hawks, the Department of Homeland Security, anti-immigrant groups, DMV bureaucrats, public safety advocates, and the Bush Administration. But it didn’t have: state legislators and governors, privacy and civil liberties groups, and certain religious communities, among others.

PASS ID is for the most part an effort to bring on state legislators and governors. The NGA is hoping to broker the sale of state power to the federal government, locking in its own institutional role as a supplicant in Washington, D.C. for state political leaders.

But look who else was hanging around the bus station looking for rides! – CDT, the nominal civil liberties group. Alone it jumped on the bus, communicating to others less familiar with the issues that PASS ID represented a good way forward.

Happily, few have taken this signal. The authors of PASS ID were unable to escape the name “REAL ID,” which is a far more powerful beacon flashing national ID and all the ills that entails than CDT’s signal to the contrary.

This is not the first time that CDT’s penchant for compromise has assisted the national ID effort, though.

Compromising Toward National ID

The current push for a national ID has a short history that I summarized three years ago in a righteously titled post on the TechLiberationFront blog: “The Markle Foundation: Font of Evil II.”

Briefly, in December 2003, a group called the Markle Foundation Task Force on National Security in the Information Age recommended “both near-term measures and a longer-term research agenda to increase the reliability of identification while protecting privacy.” (Never mind that false identification was not a modus operandi of the 9/11 attacks.)

The 9/11 Commission, citing Markle, found that “[t]he federal government should set standards for the issuance of birth certificates and sources of identification, such as drivers licenses.” In December 2004, Congress passed the Intelligence Reform and Terrorism Prevention Act, implementing the recommendations of the 9/11 Commission, including national standards for drivers’ licenses and identification cards, the national ID system recommended by the Markle Task Force. And in May 2005, Congress passed a strengthened national ID system in the REAL ID Act.

An earlier post, “The Markle Foundation: Font of Evil,” has more – and the text of a PoliTech debate between myself and Stewart Baker. Security hawk Baker was a participant in the Markle Foundation group, as was national ID advocate Amitai Etzioni. So was the Center for Democracy and Technology’s Jim Dempsey.

I had many reservations about the Markle Foundation Task Force and its work product, and in an April 2005 meeting of the DHS Privacy Committee, I asked Dempsey about what qualified people to serve on that task force, whether people were invited, and what might exclude them. A month before REAL ID passed, he said:

I think the Markle Task Force at least sought balance. And people came to the table committed to dialogue. And those who came with a particular point of view, I think, were all committed to listening. And I think people’s minds were changed… . What we were committed to in the Markle Task Force was changing our minds and trying to find a common ground and to try to understand each other. And we spent the time at it. And that, I think, is reflected in the product of the task force.

There isn’t a nicer, more genuine person working in public policy than Jim Dempsey. He is the consummate honest broker, and this statement of his intentions for the Markle Foundation I believe to be characteristically truthful and earnest.

But consider the possibility that others participating on the Markle Foundation Task Force did not share Jim’s predilection for honest dialogue and compromise. It is even possible that they mouthed these ideals while working intently to advance their goals, including creation of a national ID.

Stewart Baker, who I personally like, is canny and wily, and he wants to win. I see no evidence that Amitai Etzioni changed his mind about having a national ID when he authored the recommendation in the Markle report that ultimately produced REAL ID.

Other Markle participants I have talked to were unaware of what the report said about identity-based security, national identity standards, or a national ID. They don’t even know (or didn’t at the time) that lending your name to a report also lends it your credibility. Whatever privacy or civil liberties advocates were involved with the Markle Task Force got rolled – big-time – by the pro-national-ID team.

CDT is a sophisticated Washington, D.C. operation. It is supposed to understand these dynamics. I can’t give it the pass that outsiders to Washington might get. By committing to compromise rather than any principle, and by lending its name to the Markle Foundation Task Force report, CDT gave credibility to a bad idea – the creation of a national ID.

CDT helped produce the REAL ID Act, which has taken years of struggle to beat back. And now they are at it again with “pragmatic” support for PASS ID.

CDT has been consistently compromising on national ID issues while proponents of a national ID have been doggedly and persistently pursuing their interests. This is not the behavior of a civil liberties organization. It’s why I asked in the post that precipitated this debate whether there is anything that would cause CDT to push back from the table and say No.

Despite words to the contrary, I don’t see evidence that CDT opposes having a national ID. It certainly works around the edges to improve privacy in the context of having a national ID – reducing the wetness of the water, as it were – but at key junctures, CDT’s actions have tended to support having a U.S. national ID. I remain open to seeing contrary evidence.

Topics: 
Law and Civil Liberties, Telecom, Internet & Information Policy

Pages