Tag: department of homeland security

We Fail More—So Put Us in Charge

The Washington Post reports today on an article coming out in Foreign Affairs in which Deputy Defense Secretary William J. Lynn III reveals a successful 2008 intrusion into military computer systems. Malicious code placed on a thumb drive by a foreign intelligence agency uploaded itself onto a network run by the U.S. military’s Central Command and propagated itself across a number of domains.

The Post article says that Lynn “puts the Homeland Security Department on notice that although it has the ‘lead’ in protecting the dot.gov and dot.com domains, the Pentagon — which includes the ultra-secret National Security Agency — should support efforts to protect critical industry networks.”

The failure of the military to protect its own systems creates an argument for it to have preeminence in protecting private computer infrastructure? Perhaps the Department of Homeland Security will reveal how badly it has been hacked in order to regain the upper hand in the battle to protect us.

DHS FOIbles

The Associated Press is reporting that persons filing requests under the Freedom of Information Act (FOIA) with the Department of Homeland Security during the last year faced scrutiny beyond what the law requires.

Career employees were ordered to provide Secretary Janet Napolitano’s political staff with information about the people who asked for records — such as where they lived, whether they were private citizens or reporters — and about the organizations where they worked.

If a member of Congress sought such documents, employees were told to specify Democrat or Republican.

This, despite President Barack Obama’s statement that federal workers should “act promptly and in a spirit of cooperation” under FOIA, and Attorney General Eric Holder’s assertion: “Unnecessary bureaucratic hurdles have no place in the new era of open government.”

The White House separately reviewed FOIA requests to see documents about spending under the $862 billion stimulus law. Read the whole thing.

TSA Behavioral Screening

Behavioral screening is a useful tool in deterring and preventing terrorist attacks. As I noted in this piece at Politico, a border patrol agent successfully used behavioral screening to stop the would-be Millennium Bomber. She noticed something “hinky” about a man driving south across the Canadian border. That “hinky” – fidgety and nervous behavior when asked routine customs questions – exposed a car full of explosives intended for the passenger terminal of Los Angeles International Airport.

Two items from the USA Today travel section highlight some mixed results with TSA behavioral screening. Today’s edition reports that behavioral screening, applied by Behavioral Detection Officers (BDOs) missed at least 16 people later linked to terror plots. On the other side of the equation, false positives can impose burdens on those who are nervous or upset for reasons other than terrorism aspirations.

The TSA Blog defended the program: “If you’re one of those travelers that gets frazzled easily (not hard to do at airports), you have no reason to worry. BDOs set a baseline based on the normal airport behavior and look for behaviors that go above that baseline. So if you’re stressing about missing a flight, that’s not a guaranteed visit from the BDOs.”

That would be reassuring if yesterday’s travel section hadn’t revealed that TSA screeners are keeping a list of those who get upset at intrusive screening procedures. “Airline passengers who get frustrated and kick a wall, throw a suitcase or make a pithy comment to a screener could find themselves in a little-known Homeland Security database.”

Of course, we can take comfort from the words of a TSA screener to security expert Bruce Schneier. “This isn’t the sort of job that rewards competence, you know.”

DHS to States: Pleeease Spend This Money!

Here’s a window onto the upside-down way government spending works. The Department of Homeland Security has sent a letter to states begging them to spend federally provided money on implementing REAL ID, the national ID law.

“DHS is regularly asked by members of Congress, as well as the Office of Management and Budget, if these funds are needed by the states, and whether these funds should be reallocated to other efforts,” writes Juliette Kayyam of DHS’ Office of Intergovernmental Affairs. “As both the states and the Federal government face increasingly tough budgeting decisions, it is more important than ever that these available funds be utilized.”

That’s right: Tough budget times make it imperative to spend more money.

States don’t want to implement REAL ID, and the American people don’t want a national ID, but the DHS bureaucracy is rattling cages to try to get money spent purely for the sake of spending. It’s flabbergasting.

Let’s Get Serious about Immigration Reform

The controversy over America’s immigration policy does not allow for easy answers, as the post below by Roger Pilon demonstrates. Even among those of us who advocate limited government and free markets, there is room for debate about what our immigration policy should be and the order in which needed reforms should be pursued.

Roger gives a welcome nod to the argument for “a serious guest-worker program,” which I’ve argued is essential to any successful reform effort. He also acknowledges that its implementation should be in concert with serious enforcement rather than delayed indefinitely by demands that we “control the border first.”

One place where I differ with my dear colleague is in his assertion that: “We no longer control our southern border, and Congress seems unable or unwilling to do anything about it.”

I’m not sure there ever was a time, at least in recent decades, that the U.S. government exerted “control” over the southern border in the sense that illegal entry was largely prevented. Sealing a 2,000-mile border remains a daunting challenge to those who advocate it.

If anything, our border with Mexico is more under control today than at any time in recent years. According to estimates by the Pew Hispanic Center and the Department of Homeland Security, the number of people living in the United States illegally has dropped by more than 1 million in the past two years. That strongly implies that the net inflow of illegal immigrants across the border has declined sharply.

The main reason for the drop in net illegal immigration is probably the recession, but increased enforcement has arguably played a role as well. According to a recent paper by Dr. Raul Hinojosa-Ojeda of UCLA, the federal government has dramatically increased the resources it spends to “control the border.”

Consider: The U.S. Border Patrol’s annual budget has shot up by 714 percent since 1992, from $326 million to $2.7 billion. During the same period, the number of Border Patrol agents stationed along the southwest border has grown from 3,555 to 17,415. Hundreds of miles of fencing has been constructed along the border, much of it across private property.

If this is the mark of a government “unwilling to do anything,” I would shudder at the cost and intrusion of a more concerted effort.

The bottom line is that our “enforcement only” approach to controlling the border has failed, and it will continue to fail until we create a legal alternative to illegal immigration.

EPIC: Suspend Airport Body Scanners

Last week, the Electronic Privacy Information Center released a petition from a group it spearheaded, asking the Department of Homeland Security to suspend deployment of whole-body imaging (aka “strip-search machines”) at airports.

The petition is a thorough attack on the utility of the machines, the process (or lack of process) by which DHS has moved forward on deployment, and the suitability of the privacy protections the agency has claimed for the machines and computers that display denuded images of air travelers.

The petition sets up a variety of legal challenges to the use of the machines and the process DHS has used in deploying them.

Whole-body imaging was in retreat in the latter part of last year when an amendment to severely limit their use passed the House of Representatives. The December 25 terror attempt, in which a quantity of explosives was smuggled aboard a U.S.-bound airplane in a passenger’s underpants, gave the upper hand to the strip-search machines. But the DHS has moved forward precipitously with detection technology before, wasting millions of dollars. It may be doing so again.

My current assessment remains that strip-search machines provide a small margin of security at a very high risk to privacy. TSA efforts to control privacy risks have been welcome, though they may not be enough. The public may rationally judge that the security gained is not worth the privacy lost.

Wouldn’t it be nice if decisions about security were handled in a voluntary rather than a coercive environment? With airlines providing choice to consumers about security and privacy trade-offs? As it is, with government-run airline security, all will have to abide by the choices of the group that “wins” the debate.

(No) Surprise! REAL ID Deadline Extended Again

In a classic example of the 5:00 Friday news drop, the Department of Homeland Security has announced that it is extending the REAL ID compliance deadline. Forty-six of 56 jurisdictions, it reports, were not able to implement even the interim measures it proposed requiring by December 31st when it last extended the deadline in May of 2008.

The DHS statement insists that a full compliance deadline on May 10, 2011 remains in effect. What that really means is that there will be another false crisis as that deadline approaches, and the DHS will extend the deadline yet again.

The better alternative is to repeal the national ID law and the worthless, expensive pseudo-security it represents. It is not to revive REAL ID under its alternative name “PASS ID.”