After 9 11

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After 9 11

  1. 1. AFTER 9/11:A SURVEILLANCE STATE
  2. 2. HOW 9/11 DIFFERS FROM 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. 3. AL QAEDA• A contemporary product of globalization • The “dark side”• Utilize the most up-to-date technologies of communication • Instant transfer of ideas, capital, and financial resources
  4. 4. DISAPPEARING BOUNDARIES BETWEEN PUBLIC 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. 5. DISAPPEARING BOUNDARIES BETWEEN PUBLIC 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. 6. DISAPPEARING BOUNDARIES BETWEEN PUBLIC 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. 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. 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. 9. ELECTRONIC SURVEILLANCE POWER IN 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. 10. ELECTRONIC SURVEILLANCE POWER IN 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. 11. ELECTRONIC SURVEILLANCE POWER IN 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. 12. ELECTRONIC SURVEILLANCE POWER IN 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. 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. 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. 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. 16. TOWARD “TOTAL INFORMATION AWARENESS”?• 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. 17. TOWARD “TOTAL INFORMATION AWARENESS”?• 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. 18. TOWARD “TOTAL INFORMATION AWARENESS”?• 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. 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

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