Tag Archives: Liberty Security & the Law

Unactionable

After the grilling National Security Advisor Condoleezza Rice got last week from members of the 9/11 Commission, one would be forgiven for thinking the Presidential Daily Briefing (PDB) of August 6, 2001 was a smoking gun proof positive that the Bush Administration had been warned of, and failed to prevent, an impending attack by al Qaeda operatives.

Now that everyone can read the declassified PDB in question, it is clear that the information it relayed was like so much other intelligence: “unactionable.” It raised a general alarm, but failed to offer sufficiently concrete indications of the nature and timing of attacks in the United States to enable effective preventive action to be taken.

What the President Knew…

For example, the President was told on that day roughly six weeks before the September 11 attacks:

    Al Qaida members including some who are U.S. citizens have resided in or traveled to the U.S. for years, and the group apparently maintains a support structure that could aid attacks….We have been unable to corroborate some of the more sensational threat reporting, such as that from a [redacted text] service in 1998 saying that bin Laden wanted to hijack an aircraft to gain the release of Blind Shaykh’ Umar Abd al-Rahman and other U.S.-held extremists.

    Nevertheless, FBI information since that time indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.

Hitting ‘the Wall’

The Commission seems set to conclude that other information available elsewhere in the government might have enabled more to be done with this sort of general warning. Some of this data has long been publicly known, notably reports from Federal Bureau of Investigations field offices about young Arab aliens who were taking lessons in this country to fly large jet aircraft that curiously excluded instruction in taking-off and landing them.

Unfortunately, at the time, the relevant intelligence and law enforcement agencies were afflicted with legal, procedural and cultural obstacles to the fullest possible sharing of information that might have made more of it actionable. Tomorrow and Wednesday, Commission members are expected to explore at some length with Clinton and Bush Attorneys General and FBI Directors the so-called “Wall” that artificially precluded possibly relevant data from being sifted, analyzed and put into the right hands in a sufficiently timely way to detect and, with luck, to prevent terrorist attacks before they occur.

It will be interesting to see if Janet Reno a tireless champion of the Wall during her years as Attorney General will recant. In any event, she and the 9/11 Commission’s other leading witnesses (her successor, John Ashcroft, former FBI Director Louis Freeh and the current occupant of that post, Robert Mueller) will almost certainly contend that, absent the sort of terrifying trauma now under investigation, the legislation required to dismantle the Wall and the culture of non-cooperation it demanded could never have been enacted.

Assault on the Patriot Act

Incredible as it may seem, the statute that accomplished this singularly important feat known by its acronym as the USA PATRIOT Act is currently the object of an intensive wrecking operation on Capitol Hill. Regrettably, the push to undo the Patriot Act is being mounted by more than hard left-wing civil liberties and pro-Islamist organizations and their standard-bearers in the Democratic party. Even though President Bush stands squarely behind the Act, the legislation may not be renewed when by it expires in 2005, thanks to the help being provided by a smattering of libertarian and right-of-center groups.

Even now, some of the activities that offer the greatest hope of being able to turn the vast amounts of seemingly unactionable information into “connected dots” are being savaged and, in some cases, prohibited on a piecemeal basis. A brilliant scholar in the field, Heather Mac Donald of the Manhattan Institute, notes in an essay entitled “What We Don’t Know Can Hurt Us” in the current issue of City Journal:

    For two years now, left- and right-wing advocates have shot down nearly every proposal to use intelligence more effectivelyto connect the dotsas an assault on privacy.’ Though their facts are often wrong and their arguments specious, they have come to dominate the national security debate virtually without challenge. The consequence has been devastating: just when the country should be unleashing its technological ingenuity to defend against future attacks, scientists stand irresolute, cowed into inaction.

    No one in the research and development community is putting together tools to make us safer,” says Lee Zeichner of Zeichner Risk Analytics, a risk consultancy firm, “because they’re afraid” of getting caught up in a privacy scandal. The chilling effect has been even stronger in government. “Many perfectly legal things that could be done with data aren’t being done, because people don’t want to lose their jobs,” says a computer security entrepreneur who, like many interviewed for this article, was too fearful of the advocates to let his name appear.

The Bottom Line

The question of whether the Clinton or Bush Administrations could have done more than they did to prevent 9/11 is an interesting one. The Commission examining that topic will render a far greater service, however, if it helps starting with this week’s hearings to underscore the supreme importance of preserving the Patriot Act and bringing to bear other tools essential to connecting future intelligence “dots,” and thereby making them actionable.

‘Elimination of al Qaeda’ was Bush’s first major security directive, Rice tells panel

President George W. Bush’s first major national security policy directive was "not Russia, not missile defense, not Iraq, but the elimination of al-Qaeda."

That’s what National Security Advisor Condoleezza Rice told 9/11 commissioners Thursday morning, in an implicit refutation of her former staffer Dick Clarke.

That directive was issued a week before the attacks, on September 4, 2001. Although Rice did not say so, others report that it took nearly eight months to prepare because Senator Carl Levin (D-Mich.) and other partisan opponents of the president had deliberately held up the confirmations of key members of the Bush defense policy team until just two months before the terrorists struck. Indeed, much of the US security and intelligence leadership at the time consisted of holdovers from the Clinton administration.

Rice said that the terrorists were able to operate inside the United States undetected in large part because of what she called a national "allergy to domestic intelligence." The nation’s internal security had deteriorated severely since the 1970s, when Senators Ted Kennedy (D-Mass.), Frank Church (D-Idaho), Birch Bayh (D-Ind.) and others led a post-Watergate assault on the FBI and other agencies amid the left-wing hysteria against the intelligence community.

"The terrorists were at war with us, but we were not yet at war with them," Rice stated. "For more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient."

"In hindsight, if anything might have helped stop 9/11, it would have been better information about threats inside the United states, something made difficult by structural and legal impediments that prevented the collection and sharing of information by our law enforcement and intelligence agencies," she testified.

Click here for the full text of Rice’s testimony.

Balancing security & privacy during wartime

"The 9/11 Commission hearings have focused public attention again on the intelligence failures leading up to the September attacks.

"Yet since 9/11, virtually every proposal to use intelligence more effectively — to connect the dots — has been shot down by left- and right-wing libertarians as an assault on ‘privacy,’" Heather MacDonald writes in the Wall Street Journal.

"The consequence has been devastating: Just when the country should be unleashing its technological ingenuity to defend against future attacks, scientists stand irresolute, cowed into inaction." An alliance of liberal and libertarian groups, she writes, has "killed enough different programs that their operating principle can only be formulated as this: No use of computer data or technology anywhere at any time for national defense, if there’s the slightest possibility that a rogue use of that technology will offend someone’s sense of privacy. They are pushing intelligence agencies back to a pre-9/11 mentality, when the mere potential for a privacy or civil liberties controversy trumped security concerns."

America needs a good public debate about these issues, and how to balance security and privacy during wartime. What ruins the debate – and thusly a sound security policy – is the deliberate mischaracterization of certain security programs. We will need technology to protect us preemptively against further terrorist attacks. Today, we need an open and dispassionate discussion about how to do it.

Balancing security and privacy during wartime

(Washington, D.C.): The following is one of a series of occasional papers that adds to the debate about striking the correct — and necessary — balance between security and privacy in the United States during wartime. The Center for Security Policy does not necessarily agree with every one of the points contained therein but believes that these observations contribute importantly to an understanding of how anti-terror legislation can protect the security of this country without unduly eroding American freedoms we all hold dear.

The ‘Privacy’ Jihad

By Heather Mac Donald

The Wall Street Journal, 1 April 2004

The 9/11 Commission hearings have focused public attention again on the intelligence failures leading up to the September attacks. Yet since 9/11, virtually every proposal to use intelligence more effectively — to connect the dots — has been shot down by left- and right-wing libertarians as an assault on “privacy.” The consequence has been devastating: Just when the country should be unleashing its technological ingenuity to defend against future attacks, scientists stand irresolute, cowed into inaction.

The privacy advocates — who range from liberal groups focused on electronic privacy, such as the Electronic Privacy Information Center, to traditional conservative libertarians, such as Americans for Tax Reform — are fixated on a technique called “data mining.” By now, however, they have killed enough different programs that their operating principle can only be formulated as this: No use of computer data or technology anywhere at any time for national defense, if there’s the slightest possibility that a rogue use of that technology will offend someone’s sense of privacy. They are pushing intelligence agencies back to a pre-9/11 mentality, when the mere potential for a privacy or civil liberties controversy trumped security concerns.

The privacy advocates’ greatest triumph was shutting down the Defense Department’s Total Information Awareness (TIA) program. Goaded on by New York Times columnist William Safire, the advocates presented the program as the diabolical plan of John Poindexter, the former Reagan national security adviser and director of Pentagon research, to spy on “every public and private act of every American” — in Mr. Safire’s words.

The advocates’ distortion of TIA was unrelenting. Most egregiously, they concealed TIA’s purpose: to prevent another attack on American soil by uncovering the electronic footprints terrorists leave as they plan and rehearse their assaults. Before terrorists strike, they must enter the country, receive funds, case their targets, buy supplies, and send phone and e-mail messages. Many of those activities will leave a trail in electronic databases. TIA researchers hoped that cutting-edge computer analysis could find that trail in government intelligence files and, possibly, in commercial databases as well.

TIA would have been the most advanced application yet of “data mining,” a young technology which attempts to make sense of the explosion of data in government, scientific and commercial databases. Through complex algorithms, the technique can extract patterns or anomalies in data collections that a human analyst could not possibly discern. Public health authorities have mined medical data to spot the outbreak of infectious disease, and credit-card companies have found fraudulent credit-card purchases with the method, among other applications.

But according to the “privacy community,” data mining was a dangerous, unconstitutional technology, and the Bush administration had to be stopped from using it for any national-security or law-enforcement purpose. By September 2003, the hysteria against TIA had reached a fevered pitch and Congress ended the research project entirely, before learning the technology’s potential and without a single “privacy violation” ever having been committed.

The overreaction is stunning. Without question, TIA represented a radical leap ahead in both data-mining technology and intelligence analysis. Had it used commercial data, it would have given intelligence agencies instantaneous access to a volume of information about the public that had previously only been available through slower physical searches. As with any public or private power, TIA’s capabilities could have been abused — which is why the Pentagon research team planned to build in powerful safeguards to protect individual privacy. But the most important thing to remember about TIA is this: It would have only used data to which the government was already legally entitled. It differed from existing law-enforcement and intelligence techniques only in degree, not kind. Pattern analysis — the heart of data mining — is conventional crime-solving, whether the suspicious patterns are spotted on a crime pin map, on a city street, or in an electronic database.

The computing world watched TIA’s demolition and rationally concluded: Let’s not go there. “People and companies will no longer enter into technology research [involving national-security computing] because of the privacy debates,” says a privacy officer for a major information retrieval firm.

But the national-security carnage was just beginning. Next on the block: a biometric camera to protect embassies and other critical government buildings from terrorist attack; and an artificial intelligence program to help battlefield commanders analyze engagements with the enemy. In the summer of 2003, New York Times columnists Maureen Dowd and Mr. Safire sneered at the programs, portraying them as — once again — the personal toys of the evil Mr. Poindexter to invade the privacy of innocent Americans. The Dowd-Safire depictions of the projects were fantastically inaccurate; but Pentagon researchers, already reeling from the public-relations disaster of TIA, cancelled both projects without a fight. Special forces leaders in Afghanistan and embassies in terror-sponsoring states will just have to make do.

The privacy vigilantes now have in their sights an airline-passenger screening system and an interstate network to share law-enforcement and intelligence information. Both projects could soon go down in flames. As to whether that would be in the national interest, readers should ask themselves if they would be happy to fly seated next to Mohamed Atta. If yes, they needn’t worry about the cancellation of the Computer Assisted Passenger Prescreening System (known as Capps II). And if they don’t care whether police can track down a child abductor within minutes of his crime, then they shouldn’t care about the crippling of the Multistate Anti-Terrorism Information Exchange, either.

Capps II seeks to verify that an airline passenger is who he says he is and has no terrorist ties. To that end, the program would ask passengers to supply their name, address, phone number and date of birth upon purchasing a plane ticket. A commercial databank would cross-check those four identifiers against its own files to see if they match up. Next, Capps II would run the passenger’s name through anti-terror intelligence files. Depending on the results of both checks, the system would assign a risk score to air travelers — acceptable, unknown, or unacceptable.

Privacy zealots have mischaracterized Capps II as a sinister rerun of TIA — which it is not, since it has nothing to do with data mining — and as a plot to trample the privacy rights of Americans. They argue that, by asking your name and other minimal identifying information already available on the Internet and in countless commercial and government databases, aviation officials are conducting a Fourth Amendment “search” of your private effects for which they should obtain a warrant based on probable cause that you have committed a crime. Such a broad reading of the Constitution is groundless, but even were the collecting of publicly available information a “search,” it is clearly reasonable as a measure to protect airline safety.

Development of Capps II has come to a halt, due to specious privacy crusading. Air passengers can only hope that when the next al Qaeda operative boards a plane, baggage screeners are having a particularly good day, free of the human errors that regularly let weapons on board.

Also under a death sentence: a state-run law-enforcement program called “Multistate Anti-Terrorism Information Exchange.” Known as Matrix, it allows police officers to search multiple law-enforcement databases and public records in the blink of an eye after a crime has been committed. It uses only information that law enforcement can already routinely access: its own records on suspects, convicts and sexual offenders, as well as publicly available data from county courthouses, telephone directories and business filings. Strong protections against abuse are built into the system.

Matrix developers had hoped to allow law-enforcement agencies nationwide to instantaneously connect the dots about itinerant felons like the D.C. snipers. That won’t happen, however, thanks to the lies of the privacy community. Using the familiar tactic of tying the hated program to TIA and data mining, and of invoking Big Brother totalitarianism, the advocates have browbeaten nearly two-thirds of the states that had originally joined the data-sharing pact into withdrawing from it.

The bottom line is clear: The privacy battalions oppose not just particular technologies, but technological innovation itself. Any effort to use computerized information more efficiently will be tarred with the predictable buzzwords: “surveillance,” “Orwellian,” “Poindexter.” This Luddite approach to counterterrorism could not be more ominous. The volume of information in government intelligence files long ago overwhelmed the capacity of humans to understand it. Agents miss connections between people and events every day. Machine analysis is essential in an intelligence tidal wave.

Before the privacy onslaught, scientists and intelligence officials were trying to find ways of identifying those fanatics who seek to destroy America before they strike again. Now many avenues are closed to them. This despite the fact that proposals for assessing risk in such areas as aviation do not grow out of an omnivorous desire to “spy on citizens” but out of a concrete need to protect people from a clear threat. And since 9/11, no one’s “privacy rights” have been violated by terror pre-emption research.

The “privocrats” will rightly tell you that eternal vigilance is the price of liberty. Trouble is, they’re aiming their vigilance at the wrong target.

Ms. Mac Donald is a fellow at the Manhattan Institute. This is adapted from the forthcoming issue of City Journal.

More charges against Islamist operative; CAIR not condemning Iraq murders

Federal officials have filed additional terrorism-related charges against Muslim activist Abdurahman Alamoudi, founder of the American Muslim Council (AMC), provider of seed money to the Islamic Institute, and politically connected with leaders of both parties.

In a separate development, the Council on American Islamic Relations (CAIR) issued a news release condemning the "mutilation" of the bodies of four Americans in Fallujah, Iraq – but pointedly not condemning the murders themselves. A CAIR watchdog group first noted the discrepancy.

CAIR’s attitude seems to be, "It’s OK to murder Americans in Iraq. It’s not OK to mutilate them in ways that make Islamic extremism look bad."

Several Muslim groups that Alamoudi has either founded or led are now under active investigation by counterterrorism agents. One of the most recent cases is the United Association for Studies and Research (UASR), which is the Washington Post reports is allegedly tied to the Hamas terrorist group. Alamoudi and UASR deny any terror connections. Alamoudi’s defense attorney is Stanley Cohen, who has been a lawyer for Hamas. CAIR leaders also are on record supporting Hamas.

Though many of Alamoudi’s friends have distanced themselves from him, several pro-Islamist groups, such as the Muslim American Society, continue to defend him and attack the FBI and Justice Department for "selective prosecution" and "legalistic terror-baiting."

‘Let it happen’ – Richard Clarke helped bin Laden family flee US after 9/11

Former National Security Council counterterrorism czar Richard Clarke approved the evacuation of Osama bin Laden’s relatives from the United States after the September 11, 2001 attacks.

"It was Clarke who personally authorized the evacuation by private plane of dozens of Saudi citizens, including many members of Osama bin Laden’s own family, in the days immediately following September 11," the Boston Herald notes in a March 26 editorial.

According to the Herald, "Clarke’s role was revealed in an October 2003 Vanity Fair article. ‘Somebody brought to us for approval the decision to let an airplane filled with Saudis, including members of the bin Laden family, leave the country,’ Clarke told Vanity Fair. ‘My role was to say that it can’t happen unless the FBI approves it. . . And they came back and said yes, it was fine with them. So we said "Fine, let it happen."’

"Vanity Fair uncovered that the FBI never fully investigated the passengers on those privately chartered flights (one of which flew out of Logan International Airport after scooping up a dozen or so bin Laden relatives.) But Clarke protested to Vanity Fair that policing the FBI was not in his job description."

Bush team strategy to destroy al Qaeda predated 9/11

President George W. Bush’s national security team devised "a strategy to eliminate al Qaeda" well before the terrorist attacks of September 11, 2001 – contrary to claims of an ex-NSC official, whom Bush had demoted and passed over for a subsequent important post.

National Security Advisor Condoleezza Rice rebuts allegations of former NSC counterterrorism director Dick Clarke that the administration was disinterested in al Qaeda in the months leading to 9/11, writing that the new Bush White House drew up a years-long plan in the spring and summer of 2001 designed to "marshal . . . all elements of national power to take down the network, not just respond to individual attacks with law enforcement measures" as Clarke had urged the Clinton Administration to do.

That plan, according to Rice, "became the first major foreign-policy document of the Bush administration – not Iraq, not the ABM Treaty, but eliminating al Qaeda."

The Pentagon could not give due attention to the plan until after 9/11, and through no fault of the White House.

As Mohammed Atta and the other terrorists were plotting to hijack the four jetliners, Senator Carl Levin (D-Mich.) and others worked feverishly on Capitol Hill to prevent President Bush’s defense policy team – the team that would design the war against the terrorists – from taking office.

Those team members, led by current Under Secretary of Defense for Policy Douglas J. Feith – who had been the longtime chairman of the Center for Security Policy – couldn’t even take office in the Pentagon until just weeks before the terrorists struck.

Although Clarke and other Clinton holdovers strongly warned the new Bush administration about al Qaeda, Rice says that they never presented her with a plan for what to do about it.

NBC shows how Kerry’s ‘law enforcement’ approach to terrorism saved bin Laden’s life

Presidential candidate John Kerry, along with the majority of the Democratic establishment, believes that “The war on terror is less of a military operation and far more of an intelligence-gathering and law enforcement operation.”

Unfortunately for Kerry, a March 16 report by NBC’s Lisa Meyers illustrated how that mindset saved Osama bin Laden’s life prior to 9/11.

NBC aired classified surveillance footage of Osama bin Laden that was shot by an Unmanned Aerial Vehicle (UAV) while flying over al-Qaeda training camps in Afghanistan sometime in the fall of 2000.

According to NBC, the footage “illustrates an enormous [missed] opportunity the Clinton administration had to kill or capture bin Laden.”

More significantly, NBC’s Meyers reported that “A Democratic member of the 9/11 commission says there was a larger issue. The Clinton administration treated bin Laden as a law enforcement problem.”

Meyers was referring to former Senator Bob Kerrey who told NBC that “The most important thing the Clinton administration could have done would have been for the president, either himself or by going to Congress, asking for a congressional declaration to declare war on al-Qaeda, a military political organization that had declared war on us.”

Senator John Kerry, however, insists that the fight against terrorism will require “primarily an intelligence and law enforcement” approach. By that logic, he would have waited until after 9/11 before trying to capture bin Laden.

Ex-Wyden staffer arrested as Iraqi spy

A former aide to Senator Ron Wyden (D-Ore.) was arrested as a spy for Saddam Hussein before and after the US-led liberation of Iraq.

Susan Lindauer, who worked for Wyden when he was a congressman and later served as a press secretary to now-former Senator Carol Moseley-Braun (D-Ill.), is "accused of conspiring to act as a spy for the Iraqi Intelligence Service and engaging in prohibited financial transactions involving the government of Iraq under dictator Saddam Hussein," according to AP.

Lindauer says she isn’t a spy but an "anti-war activist."

She says she’s done "more to stop terrorism in this country than anyone else."

Until her arrest on March 11, Lindauer was working as a political publicist. She once she defended the Libyan government against allegations that it was responsible for the 1988 terrorist bombing of a Pan Am jumbo jet over Lockerbie, Scotland.

In a 1998 deposition, she identified herself as Wyden’s press secretary. The accused Iraqi spy also worked for Rep. Zoe Lofgren (D-Cal.) and Rep. Peter DeFazio (D-Ore.).

In April, 2003, she circulated a news story alleging that American troops were making poor Iraqis pay for water. (For a link to her e-mail message, click here.)

The federal indictment charges Lindauer with conspiracy, serving as an unregistered agent for the Iraqi government, and engaging in an illegal financial transaction with a state-sponsor of terrorism, according to the Washington Post.

Americans trust Ashcroft more than ACLU – and they support the Patriot Act, too!

“More Americans trust Attorney General John Ashcroft than trust the ACLU to balance the sometimes competing values of national security and civil liberties,” according to a new Gallup poll.

And most Americans believe that the USA Patriot Act “is within acceptable bounds in its treatment of civil liberties,” the Gallup News Service announces.

“According to a Feb. 16-17 CNN/USA Today/Gallup poll, only one-quarter of Americans (26%) believe the Patriot Act goes too far in restricting people’s civil liberties in order to fight terrorism. Nearly as many (21%) think it does not go far enough, while the plurality (43%) believes it is about right. That represents a more than 2-to-1 balance of opinion against the idea that the act goes too far,” according to Gallup. “Public reaction has changed little since first measured last August.”

The Patriot Act could be an election-year women’s issue. When asked whether the law goes too far or doesn’t go far enough, more women say that the Patriot Act doesn’t go far enough in protecting the country against domestic terrorists.