Jonathan R. White www.cengage.com/cj/white Chapter 14:An Introduction to Homeland Security Rosemary Arway Hodges University
Defining Homeland Security Searching for Defined Roles o While not completely defined, agencies have made progress over the last few years, especially in the area of information sharing and cooperation. The reason for the confusion about policy: America had no common definition of homeland security o The new Department of Homeland Security (DHS) was responsible for protecting the borders and the country’s interior. o A host of private businesses, nonprofit organizations, and health care systems were involved in security efforts.
Defining Homeland Security Keeping the country safe o Agencies are beginning to understand their roles and the concept of homeland security. o Homeland security protects lives, property, and infrastructure. o Divided into three functions: preventing terrorism responding to attacks providing technical support to local agencies Critics maintain that confusion remains and that the country is not prepared.
Security Missions The policy guiding homeland security has not been fully developed. Executives are not quite sure of the way that all the missions of various agencies fit together. Homeland security involves civil defense. Homeland security is much more than the sum of agencies charged with protecting the United States. A major portion of security is a civic responsibility.
Agencies Charged with Preventing and Interdicting Terrorism The Department of Homeland Security o Created from the Office of Homeland Security in 2003 as a direct result of the 9-11 attacks. o Has several different missions. o Many DHS agencies are involved in intelligence. Office of Intelligence and Analysis coordinates these efforts. o Many DHS employees are employed in law enforcement tasks. They have arrest powers. The are trained in the Federal Law Enforcement Training Center (FLETC).
Agencies Charged with Preventing and Interdicting Terrorism The Department of Justice o DOJ maintains several functions in the realm of terrorism and the most noted agency is the FBI. o The Department of Justice is involved in other areas. The U.S. Marshall’s Service The Bureau of Alcohol, Tobacco, and Firearms (ATF)
Agencies Charged with Preventing and Interdicting Terrorism The Department of Defense o In time of war, the military organizations in the Department of Defense (DOD) play the leading role. o DOD operates the United States Northern Command for the purpose of homeland security. o In times of emergency military forces can provide much needed assistance to local units of government.
Agencies Charged with Preventing and Interdicting Terrorism The Intelligence Community o Underwent massive changes after 9-11 and the failure to find WMD after the invasion of Iraq. o The purpose of the ODNI: To unite America’s national security intelligence under one umbrella. To coordinate information from national security and military intelligence. To run intelligence operations from the Department of State. To incorporate federal law enforcement intelligence under its umbrella.
Agencies Charged with Preventing and Interdicting Terrorism State, Local, and Tribal Enforcement o Collect tactical intelligence for the prevention of terrorism and other crimes. o Utilize intelligence for planning and the deployment of resources. o Enhance counterterrorism efforts through the information sharing. o When it comes to terrorism, state, local, and tribal agencies are crucial to homeland security.
Rethinking Conflict Networks and Law Enforcement o Homeland security is more than counterterrorism. o Law enforcement has a major role in stopping international networks that wage modern conflict. o The primary job of law enforcement in preventing terrorism is to stop criminal activity within networks. o Arquilla and Ronfeldt: five factors must be in place for networks to operate. Technology Social support Narrative Organizational structure Tactical doctrine
Rethinking Conflict Rethinking conflict: o Networks have changed the tactical structure of conflict. o The principles of conflict remain the same. o Terrorist group have to have a structure units for operations. o Terrorists have to effectively communicate with one another. o Terrorists must: Move material Seize and maintain the initiative Sass at the enemy’s weak point Psychologically convince the enemy that there is no point in fighting The rule set has changed; not the nature of war.
Blurring War and Peace Blurring War and Peace o The practice of terrorism has blurred the distinction between war and peace. o The Constitution states that only Congress has the power to declare war. o Terrorism is changing the nature of conflict. o Law enforcement agencies, courts, and corrections joined in the battle, even though they are not constitutionally associated with military power.
Networks and Classical Theories of Conflict Carl von Clausewitz o Prussian general and military philosopher o Studied the Thirty Years’ War (1618–1648) and Frederick the Great (1740 –1786). o Joined the Russian Army in 1812 to fight Napoleon and the German War of Liberation. o Emphasized that the purpose of military action is to seek a decisive engagement. Terrorism, however, is designed to produce the opposite effect, seeking to avoid direct confrontation with force.
Networks and Classical Theories of Conflict American law enforcement o Does not seek a decisive battle with enemy forces. o Its purpose can never be the imposition of political will. o Will be involved in combating terrorism. Because the goals of terrorism are to create panic and cause social systems to break. Sun Tzu, a Chinese philosopher o Produced a treatise on the paradoxes of war. o War and politics were psychological forces held together by the belief in power. o Concept of strength-to-weakness In modern military parlance this is called asymmetry. It means competing forces are out of balance, a weak force fights a much stronger power.
Pearl Harbor and 9-11: Two Different Worlds Pearl Harbor and 9-11: Two Different Worlds o Indicated that America was vulnerable to attack o Occurred with no formal declaration of war o Involved civilian casualties The purpose of the Japanese surprise attack was to destroy U.S. military capabilities in the Pacific The purposes of the September 11 terrorists were o To temporarily destroy America’s capacity to wage war o To achieve political objectives with military might o To negotiate a truce from a position of strength o To create drama and fear o To persuade Western institutions to change their behavior o To attack globalization
Operating Deeply in Our Society Arthur Cebrowski the U.S. armed forces need to: o Develop the ability to operate “deeply” in society o Fully understand, accept, and defend America with a complete comprehension of American culture combined with the willingness to completely understand any enemy society in depth o Create a new defense culture that permeates all levels of society and that breaks down barriers between organizations Martin van Creveld: o A war for existence changes the nature of conflict because the strategic rules of war and the rational extension of policy are thrown out the window. o If military forces approach homeland security as a continuation of national policy, they will bring the wrong weapons to the wrong war.
Building Intelligence Systems The Intelligence Process o Police intelligence systems can be modeled after academic research o Involves general information about a subject and its sub-disciplines o Involves gathering basic information about a target and real-time information about current activities o Involves collecting, analyzing, and forwarding information National Security and Criminal Intelligence o In network-to-network conflict, bureaucracies should not change their role. o Each organization in a network has its own function. o The key to success in a network is sharing information.
Building Intelligence Systemso National security intelligence Gathered to defend the nation Is not used in criminal prosecutions Is not subject to legal scrutinyo Criminal intelligence Gathered by law enforcement and prosecuting attorneys Cannot be gathered, analyzed, or stored without reason to believe that a crime is about to or has taken placeo Law enforcement should plan and develop two channels for information Aimed at law enforcement intelligence Prepared to pass information along to defense sources
Building Intelligence Systems A Checkered Past o Law enforcement and national defense intelligence came under difficult times during the administration of President Jimmy Carter. o The president tried to correct the abuse of power and end the scandal of using covert operations against American citizens. o The USA Patriot Act increases the ability of law enforcement and intelligence agencies to share information. o The abuses of the past cannot be repeated if police agencies want to develop effective intelligence systems.
Building Intelligence Systems The New Jersey Intelligence System o The NJSP Intelligence Service Section is made up of three main divisions. The Intelligence Bureau, composed of six units: The Analytical Unit The Casino Intelligence Unit The Electronic Surveillance Unit The Liaison Computerized Services Unit The Services Unit The Street Gang Unit The Central Security Unit The Solid Waste Unit
Building Intelligence Systems The California Intelligence System o The center linked federal, state, and local information services in one system and divided operational zones into five administrative areas. o Trained intelligence analysts operated within civil rights guidelines and utilized information in a secure communications system. o It combined intelligence Gathered by computers and other automated devices Gathered from a variety of police agencies o California created new systems under the tight control of regional law enforcement agencies and in partnership with four regional Joint Terrorism Task Forces.
Building Intelligence Systems The NYPD Intelligence System o Police Commissioner Raymond Kelly created two new units: One for counterterrorism and One for intelligence o Kelly stated that he wanted the NYPD to do a better job of intelligence analysis and to work more closely with the federal government.
Building Intelligence Systems US Attorneys and the JTTFs o The DOJ has created two intelligence systems One in federal prosecutors’ offices The other in law enforcement o Each U.S. Attorney’s office has an Anti-Terrorist Assistance Coordinator (ATAC) Coordinate the collection of criminal intelligence To share intelligence among federal, state, local, and tribal law enforcement agencies That hold security clearances o Each Joint Terrorism Task Force (JTTF) is made up of: Officers from all levels of American law enforcement Officers from a variety of different types of agencies Agents that received a national security intelligence clearance
Building Intelligence Systems Plans, Networks, and Fusion Centers The National Criminal Intelligence Sharing Plan (NCISP) o Created by the International Association of Chiefs of Police (IACP) and the Department of Justice o The purpose of the plan: To establish norms for collecting, analyzing, and storing criminal intelligence within legal guidelines. To suggest manners in which information could be shared among agencies
Issues in Homeland Security Criminal intelligence networks in operation after 9-11: o The Regional Information Sharing System (RISS) o The Anti-Terrorism Information Exchange (ATIX) o FBI’s Law Enforcement Online (LEO) o The Law Enforcement Intelligence Unit (LEIU) o The Homeland Security Information Network (HSIN)
Law Enforcement’s Special Role Law Enforcement’s Special Role o Responsible for breaking some of America’s most formidable terrorist cells. o If state and local agencies shift to offensive thinking and action, two results will inevitably develop: Police contact with potential terrorists will increase. Proactive measures demand increased intelligence gathering, and much of the information will have no relation to criminal activity. o Police intelligence operations and drug enforcement units can add counterterrorism to their agendas. o Patrol and investigative units can be trained to look for terrorist activities in the course of their normal duties.
The Role of Symbols and Structures The Role of Symbols and Structures o Asymmetrical war is waged against symbolic targets o Homeland security is designed to secure symbols o Americans represent symbolic targets of military value Styles of terrorism o Symbolic terrorism is a dramatic attack to show vulnerability. o Pragmatic terrorism involves a practical attempt to destroy political power. o Systematic terrorism is waged over a period of time to change social conditions. Terrorists use symbolic attacks or attacks on symbols to achieve pragmatic or systematic results.
Creating a Culture of Information Sharing The National Strategy for Homeland Security calls for increased information sharing among law enforcement agencies. Intelligence is not properly analyzed, and agencies do not coordinate information. Despite criticism, information sharing is growing into a law enforcement norm. Police agencies should: o Adopt community policing strategies o Developed skills in problem solving o Build community partnerships o Gather and analyze the information needed to deal with crime and social problems in a local community
The 9-11 Commission Report suggested several reforms for restructuring government: o Focus on defense, intelligence, information sharing, homeland security, and law enforcement o The current position of Director of Central Intelligence should be replaced by a National Intelligence Director o Integrating the U.S. border security system into a larger network The central question for criminal justice focuses on the role of law enforcement. The question of balancing security with freedom is delicate, and the new intelligence infrastructure has not dealt with all the issues.