After 9 11

After 9 11

• 1.
  AFTER 9/11: A SURVEILLANCESTATE
• 2.
  HOW 9/11 DIFFERSFROM PAST CRISES • Caused potential long-term damage to the fabric of civil liberties that may persist long after the emergency passes • Constitutional protection of rights is being dismissed • Present crisis bears even more dangerous potential then earlier wartime emergencies • Emphasis on new information technologies and more intrusive and extensive surveillance was inevitable • Security failure
• 3.
  AL QAEDA • Acontemporary product of globalization • The “dark side” • Utilize the most up-to-date technologies of communication • Instant transfer of ideas, capital, and financial resources
• 4.
  DISAPPEARING BOUNDARIES BETWEENPUBLIC AND PRIVATE • US government has tried to dissolve certain boundaries in response to 9/11 • Want to break down firewalls that were put up to protect the private sector from government control • Proved useful in the investigation of terrorist trails • Government sought access to web of info on everyone • Right to privacy viewed as a fundamental element of a free society • Increasingly in question
• 5.
  DISAPPEARING BOUNDARIES BETWEENPUBLIC AND PRIVATE • Daily lives of people are being tracked and recorded • Closed circuit cameras on the ground • Satellites • Electronic listening posts • Sophisticated search engines • Daily economic transactions • Detailed medical records
• 6.
  DISAPPEARING BOUNDARIES BETWEENPUBLIC AND PRIVATE • New info technologies allow transfer and matching of info • Problem: how to constrain control to protect personal privacy while retaining the benefits of new technologies • Without effective barriers, data matching and linkage threatens personal privacy
• 7.
  SURVEILLANCE BEFORE 9/11 •National Security Agency (NSA) maintained electronic eavesdropping partnership, UKUSA alliance • ECHELON links all the computers in the UKUSA agencies • Flagged messages routed to countries that entered the key word flag • CARNIVORE • Super search engine deployed by FBI
• 8.
  SURVEILLANCE BEFORE 9/11 •Financial Crimes Enforcement Network (FinCEN) • Relies on worldwide monitoring of large financial transactions • Software capable of detecting suspicious patterns of transactions • Flags transactions that might require closer attention or criminal investigation
• 9.
  ELECTRONIC SURVEILLANCE POWERIN THE USA PATRIOT ACT • Signed into law on October 26, 2001 • Significantly expand the electronic surveillance powers of federal law enforcement authorities • Communication surveillance • Relaxes restrictions around required warrants and court orders • Section 216 extends court orders to cover email and internet use, and extends them to cover the entire US
• 10.
  ELECTRONIC SURVEILLANCE POWERIN THE USA PATRIOT ACT • Service providers immunized from legal liability for surrendering customers’ privacy • Cooperate in “good faith” with government • Promised reasonable compensation • Same agencies gain access to communications records • Requirements for notification of the subjects have been reduced
• 11.
  ELECTRONIC SURVEILLANCE POWERIN THE USA PATRIOT ACT • Foreign intelligence investigations • Lowers barriers between criminal investigations and foreign intelligence information • FISA (Foreign Intelligence Surveillance Act) • Government operates under lower threshold for gaining authorization for intrusive surveillance against targets suspected of espionage and foreign intelligence operations in the US
• 12.
  ELECTRONIC SURVEILLANCE POWERIN THE USA PATRIOT ACT • Expanded authority of the treasury to regulate and probe the activities of financial institutions in pursuit of money laundering • Extend US jurisdiction to prosecute money laundering offenses abroad • Extend the cooperation of financial institutions to report cash transactions over $10,000, file “suspicious activity reports,” and follow more rigorous “due diligence” requirements
• 13.
  SURVEILLANCE IN PRACTICE •New investigative guidelines • FBI allowed to conduct online research for counterterrorism purposes • Prohibit the FBI from using this authority to keep files on citizens based on their constitutionally protected activities • Protection is waived if activities suspected of being associated with terrorist activities
• 14.
  SURVEILLANCE IN PRACTICE •Libraries and bookstores • FISA court orders requiring pen register and trace-and-trap disclosure is now extended to email on online communication • Section 215 of the PATRIOT ACT requires any person or business to produce any books records, documents, or tangible items • Provide records of books borrowed/purchased by persons under suspicion
• 15.
  SURVEILLANCE IN PRACTICE •Homeland Security Act • Department of Homeland Security will be permitted to exempt from the FOIA information about critical infrastructures received from the private sector • This would remove large amounts of information that is now potentially open to public access
• 16.
  TOWARD “TOTAL INFORMATIONAWARENESS”? • NSA is barred by law from snooping on Americans • Defense Advance Research Projects Agency (DARPA) • Set up pioneer computer network among defense scientists called ARPANET • Eventually evolved into the Internet
• 17.
  TOWARD “TOTAL INFORMATIONAWARENESS”? • Total Information Awareness (TIA) • “knowledge is power” • System for detecting, classifying, identifying, and tracking terrorists • Mine data from all possible sources, public and private, American and foreign • Might not be necessary
• 18.
  TOWARD “TOTAL INFORMATIONAWARENESS”? • US had bits and pieces of info concerning the threat from Al Qaeda and their attack on American soil • Didn’t put the pieces together • TIA may swamp analysts with too much information, most irrelevant • Cause more harm than good
• 19.
  A SECURITY-INDUSTRIAL COMPLEX •Homeland Security is quickly shaping up • Corporations in the banking, retail sales, chemical manufacturing, and nuclear power industries are balking at government efforts to impose tougher and more expensive security standards • The people of the US want security, but tend to be suspicious of government regulation and intrusion