Entries Tagged "FBI"

Page 19 of 23

Weird Terrorist Threat Story from the Raleigh Airport

This is all strange:

In a telephone interview, Fischvogt also told me, “we received word from the pilot about the suspicious activity before the flight landed.” Fischvogt explained that when Flight 518 landed, it sat on the tarmac for 45 minutes before FBI “took jurisdiction,” boarded the plane and arrested two people. DHS and local law enforcement were also present on the tarmac but “FBI took over the sight and the situation,” Fischvogt said.

“Wait a minute,” I asked, “The passengers were stuck inside the plane with two bad guys for 45 minutes before law enforcement boarded the aircraft?” I wanted to make sure I heard Fischvogt correctly.

“Yes,” Fischvogt confirmed.

Consider the agencies present 24/7 at the federalized Raleigh-Durham International Airport: FBI, DHS, (TSA & Federal Air Marshal Service), Joint Terrorism Task Force, ICE (Immigrations and Customs Enforcement) and airport police. And yet it took seven law enforcement agencies some forty-five minutes to put a single officer on the plane to counter the threat and secure the aircraft?

My analysis is that the delay was caused by FBI and DHS fighting over who had jurisdiction; protocol over ‘acts of air piracy’ are a constant source of bickering between the two agencies and have been the subject of at least one DHS Inspector General’s Report.

Of course the threat was a false alarm, but still….

EDITED TO ADD (10/9): Read the comments. The author of this blog seems to be a fear-mongering nutcase. (I should have read more about the source before posting this.)

Posted on October 8, 2007 at 1:56 PMView Comments

Federal Judge Strikes Down National-Security-Letter Provision of Patriot Act

Article, ACLU press release, some legal commentary, and actual decision.

From the article:

The ACLU had challenged the law on behalf of an Internet service provider, complaining that the law allowed the FBI to demand records without the kind of court supervision required for other government searches. Under the law, investigators can issue so-called national security letters to entities like Internet service providers and phone companies and demand customers’ phone and Internet records.

In his ruling, Marrero said much more was at stake than questions about the national security letters.

He said Congress, in the original USA Patriot Act and less so in a 2005 revision, had essentially tried to legislate how the judiciary must review challenges to the law. If done to other bills, they ultimately could all “be styled to make the validation of the law foolproof.”

Noting that the courthouse where he resides is several blocks from the fallen World Trade Center, the judge said the Constitution was designed so that the dangers of any given moment could never justify discarding fundamental individual liberties.

He said when “the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty.”

Regarding the national security letters, he said, Congress crossed its boundaries so dramatically that to let the law stand might turn an innocent legislative step into “the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.”

He said the ruling does not mean the FBI must obtain the approval of a court prior to ordering records be turned over, but rather must justify to a court the need for secrecy if the orders will last longer than a reasonable and brief period of time.

Note that judge immediately stayed his decision, pending appeal.

EDITED TO ADD (9/9): More legal commentary.

Posted on September 7, 2007 at 10:05 AMView Comments

Technical Details on the FBI's Wiretapping Network

There’s a must-read article on Wired.com about DCSNet (Digital Collection System Network), the FBI’s high-tech point-and-click domestic wiretapping network. The information is based on nearly 1,000 pages of documentation released under FOIA to the EFF.

Together, the surveillance systems let FBI agents play back recordings even as they are being captured (like TiVo), create master wiretap files, send digital recordings to translators, track the rough location of targets in real time using cell-tower information, and even stream intercepts outward to mobile surveillance vans.

FBI wiretapping rooms in field offices and undercover locations around the country are connected through a private, encrypted backbone that is separated from the internet. Sprint runs it on the government’s behalf.

The network allows an FBI agent in New York, for example, to remotely set up a wiretap on a cell phone based in Sacramento, California, and immediately learn the phone’s location, then begin receiving conversations, text messages and voicemail pass codes in New York. With a few keystrokes, the agent can route the recordings to language specialists for translation.

The numbers dialed are automatically sent to FBI analysts trained to interpret phone-call patterns, and are transferred nightly, by external storage devices, to the bureau’s Telephone Application Database, where they’re subjected to a type of data mining called link analysis.

FBI endpoints on DCSNet have swelled over the years, from 20 “central monitoring plants” at the program’s inception, to 57 in 2005, according to undated pages in the released documents. By 2002, those endpoints connected to more than 350 switches.

Today, most carriers maintain their own central hub, called a “mediation switch,” that’s networked to all the individual switches owned by that carrier, according to the FBI. The FBI’s DCS software links to those mediation switches over the internet, likely using an encrypted VPN. Some carriers run the mediation switch themselves, while others pay companies like VeriSign to handle the whole wiretapping process for them.

Much, much more in the article. (And much chatter on this Slashdot thread.)

EDITED TO ADD (8/31): Commentary by Matt Blaze and Steve Bellovin.

Posted on August 29, 2007 at 11:39 AMView Comments

Paid Informants in Muslim Communities

This is a good article about the use of paid informants in Muslim communities, and how they are both creating potential terrorists where none existed before and sowing mistrust among people.

Defense lawyers in a number of other terrorism suspect cases accused informants of solely seeking financial boon by creating so-called terrorists that did not exist.

According to court records, Eldawoody was paid $100,000 over a period of 3 years.

Since Siraj’s conviction, Eldawoody has his rent covered and receives a monthly stipend of $3,200.

According to The Washington Post, a police spokesman indicated the direct payments to Eldawoody would likely continue “indefinitely.”

With such incentives, critics argue, informants are likely to be created out of thin air to join the “inform-and-cash” industry.

Meanwhile, the Muslim community across the country is feeling the heat of being closely watched.

“This is creating mistrust between our community and law enforcement officials,” Ayloush said.

In light of their extensive criminal records, Ayloush added, these individuals would neither qualify as police officers nor as FBI agents, yet they are on the payroll of law enforcement agencies and are allowed to do law enforcement work.

“We all respect hardworking law enforcement agents,” Ayloush said. “But mercenary informants? Hardly.”

Posted on August 13, 2007 at 12:50 PMView Comments

Portrait of the Modern Terrorist as an Idiot

The recently publicized terrorist plot to blow up John F. Kennedy International Airport, like so many of the terrorist plots over the past few years, is a study in alarmism and incompetence: on the part of the terrorists, our government and the press.

Terrorism is a real threat, and one that needs to be addressed by appropriate means. But allowing ourselves to be terrorized by wannabe terrorists and unrealistic plots—and worse, allowing our essential freedoms to be lost by using them as an excuse—is wrong.

The alleged plan, to blow up JFK’s fuel tanks and a small segment of the 40-mile petroleum pipeline that supplies the airport, was ridiculous. The fuel tanks are thick-walled, making them hard to damage. The airport tanks are separated from the pipelines by cutoff valves, so even if a fire broke out at the tanks, it would not back up into the pipelines. And the pipeline couldn’t blow up in any case, since there’s no oxygen to aid combustion. Not that the terrorists ever got to the stage—or demonstrated that they could get there—where they actually obtained explosives. Or even a current map of the airport’s infrastructure.

But read what Russell Defreitas, the lead terrorist, had to say: “Anytime you hit Kennedy, it is the most hurtful thing to the United States. To hit John F. Kennedy, wow…. They love JFK—he’s like the man. If you hit that, the whole country will be in mourning. It’s like you can kill the man twice.”

If these are the terrorists we’re fighting, we’ve got a pretty incompetent enemy.

You couldn’t tell that from the press reports, though. “The devastation that would be caused had this plot succeeded is just unthinkable,” U.S. Attorney Roslynn R. Mauskopf said at a news conference, calling it “one of the most chilling plots imaginable.” Sen. Arlen Specter (R-Pennsylvania) added, “It had the potential to be another 9/11.”

These people are just as deluded as Defreitas.

The only voice of reason out there seemed to be New York’s Mayor Michael Bloomberg, who said: “There are lots of threats to you in the world. There’s the threat of a heart attack for genetic reasons. You can’t sit there and worry about everything. Get a life…. You have a much greater danger of being hit by lightning than being struck by a terrorist.”

And he was widely excoriated for it.

This isn’t the first time a bunch of incompetent terrorists with an infeasible plot have been painted by the media as poised to do all sorts of damage to America. In May we learned about a six-man plan to stage an attack on Fort Dix by getting in disguised as pizza deliverymen and shooting as many soldiers and Humvees as they could, then retreating without losses to fight again another day. Their plan, such as it was, went awry when they took a videotape of themselves at weapons practice to a store for duplication and transfer to DVD. The store clerk contacted the police, who in turn contacted the FBI. (Thank you to the video store clerk for not overreacting, and to the FBI agent for infiltrating the group.)

The “Miami 7,” caught last year for plotting—among other things—to blow up the Sears Tower, were another incompetent group: no weapons, no bombs, no expertise, no money and no operational skill. And don’t forget Iyman Faris, the Ohio trucker who was convicted in 2003 for the laughable plot to take out the Brooklyn Bridge with a blowtorch. At least he eventually decided that the plan was unlikely to succeed.

I don’t think these nut jobs, with their movie-plot threats, even deserve the moniker “terrorist.” But in this country, while you have to be competent to pull off a terrorist attack, you don’t have to be competent to cause terror. All you need to do is start plotting an attack and—regardless of whether or not you have a viable plan, weapons or even the faintest clue—the media will aid you in terrorizing the entire population.

The most ridiculous JFK Airport-related story goes to the New York Daily News, with its interview with a waitress who served Defreitas salmon; the front-page headline blared, “Evil Ate at Table Eight.”

Following one of these abortive terror misadventures, the administration invariably jumps on the news to trumpet whatever ineffective “security” measure they’re trying to push, whether it be national ID cards, wholesale National Security Agency eavesdropping or massive data mining. Never mind that in all these cases, what caught the bad guys was old-fashioned police work—the kind of thing you’d see in decades-old spy movies.

The administration repeatedly credited the apprehension of Faris to the NSA’s warrantless eavesdropping programs, even though it’s just not true. The 9/11 terrorists were no different; they succeeded partly because the FBI and CIA didn’t follow the leads before the attacks.

Even the London liquid bombers were caught through traditional investigation and intelligence, but this doesn’t stop Secretary of Homeland Security Michael Chertoff from using them to justify (.pdf) access to airline passenger data.

Of course, even incompetent terrorists can cause damage. This has been repeatedly proven in Israel, and if shoe-bomber Richard Reid had been just a little less stupid and ignited his shoes in the lavatory, he might have taken out an airplane.

So these people should be locked up … assuming they are actually guilty, that is. Despite the initial press frenzies, the actual details of the cases frequently turn out to be far less damning. Too often it’s unclear whether the defendants are actually guilty, or if the police created a crime where none existed before.

The JFK Airport plotters seem to have been egged on by an informant, a twice-convicted drug dealer. An FBI informant almost certainly pushed the Fort Dix plotters to do things they wouldn’t have ordinarily done. The Miami gang’s Sears Tower plot was suggested by an FBI undercover agent who infiltrated the group. And in 2003, it took an elaborate sting operation involving three countries to arrest an arms dealer for selling a surface-to-air missile to an ostensible Muslim extremist. Entrapment is a very real possibility in all of these cases.

The rest of them stink of exaggeration. Jose Padilla was not actually prepared to detonate a dirty bomb in the United States, despite histrionic administration claims to the contrary. Now that the trial is proceeding, the best the government can charge him with is conspiracy to murder, kidnap and maim, and it seems unlikely that the charges will stick. An alleged ringleader of the U.K. liquid bombers, Rashid Rauf, had charges of terrorism dropped for lack of evidence (of the 25 arrested, only 16 were charged). And now it seems like the JFK mastermind was more talk than action, too.

Remember the “Lackawanna Six,” those terrorists from upstate New York who pleaded guilty in 2003 to “providing support or resources to a foreign terrorist organization”? They entered their plea because they were threatened with being removed from the legal system altogether. We have no idea if they were actually guilty, or of what.

Even under the best of circumstances, these are difficult prosecutions. Arresting people before they’ve carried out their plans means trying to prove intent, which rapidly slips into the province of thought crime. Regularly the prosecution uses obtuse religious literature in the defendants’ homes to prove what they believe, and this can result in courtroom debates on Islamic theology. And then there’s the issue of demonstrating a connection between a book on a shelf and an idea in the defendant’s head, as if your reading of this article—or purchasing of my book—proves that you agree with everything I say. (The Atlantic recently published a fascinating article on this.)

I’ll be the first to admit that I don’t have all the facts in any of these cases. None of us do. So let’s have some healthy skepticism. Skepticism when we read about these terrorist masterminds who were poised to kill thousands of people and do incalculable damage. Skepticism when we’re told that their arrest proves that we need to give away our own freedoms and liberties. And skepticism that those arrested are even guilty in the first place.

There is a real threat of terrorism. And while I’m all in favor of the terrorists’ continuing incompetence, I know that some will prove more capable. We need real security that doesn’t require us to guess the tactic or the target: intelligence and investigation—the very things that caught all these terrorist wannabes—and emergency response. But the “war on terror” rhetoric is more politics than rationality. We shouldn’t let the politics of fear make us less safe.

This essay originally appeared on Wired.com.

EDITED TO ADD (6/14): Another essay on the topic.

Posted on June 14, 2007 at 8:28 AMView Comments

Terrorist Bus Drivers

I thought we were done with this scary-story-but-nothing-to-worry-about stuff:

The FBI has issued an “informational bulletin” to state and local officials saying to watch out for people tied to extremist groups trying to earn licenses to drive school buses.

The Associated Press reports that members of the unnamed extremist groups have succeeded in gaining the drivers licenses, but a Department of Homeland Security official told FOX News that “at this time there is no evidence that any of these individuals have got these jobs, or got hold of school buses.”

“There is no plot. There is no threat. And parents and children can feel perfectly safe,” FBI spokesman Richard Kolko told FOXNews.com.

Wacky.

EDITED TO ADD (3/20): Cory Doctorow has some more terrorist possibilities not to worry about.

Posted on March 19, 2007 at 1:51 PMView Comments

FBI Issued Illegal National Security Letters Under USA PATRIOT Act

A new Justice Department report concludes that the FBI broke the law in its use of the Patriot Act to secretly obtain phone, business, and financial data about people in the U.S.

The Justice Department’s inspector general has prepared a scathing report criticizing how the F.B.I. uses a form of administrative subpoena to obtain thousands of telephone, business and financial records without prior judicial approval.

The report, expected to be issued on Friday, says that the bureau lacks sufficient controls to make sure the subpoenas, which do not require a judge’s prior approval, are properly issued and that it does not follow even some of the rules it does have.

From the Associated Press:

The FBI’s transgressions were spelled out in a damning 126-page audit by Justice Department Inspector General Glenn A. Fine. He found that agents sometimes demanded personal data on people without official authorization, and in other cases improperly obtained telephone records in non-emergency circumstances.

The audit also concluded that the FBI for three years underreported to Congress how often it used national security letters to ask businesses to turn over customer data. The letters are administrative subpoenas that do not require a judge’s approval.

[…]

Under the Patriot Act, the national security letters give the FBI authority to demand that telephone companies, Internet service providers, banks, credit bureaus and other businesses produce personal records about their customers or subscribers. About three-fourths of the letters issued between 2003 and 2005 involved counterterror cases, with the rest for espionage investigations, the audit reported.

Shoddy record-keeping and human error were to blame for the bulk of the problems, said Justice auditors, who were careful to note they found no indication of criminal misconduct.

Here’s the report (mirrored here), and here’s a BoingBoing post on the topic; also, this Wired article. And this by Daniel Solove.

Posted on March 12, 2007 at 3:55 PMView Comments

U.S Terrorism Arrests/Convictions Significantly Overstated

Interesting report (long, but at least read the Executive Summary) from the U.S. Department of Justice’s Inspector General that says, basically, that all the U.S. terrorism statistics since 9/11—arrests, convictions, and so on—have been grossly inflated.

As summarized in the following table, we determined that the FBI, EOUSA, and the Criminal Division did not accurately report 24 of the 26 statistics we reviewed.

“EOUSA” is the Executive Office for United States Attorneys, part of the U.S. Department of Justice.

The report gives a series of reasons why the statistics were so bad. Here’s one:

The number of terrorism-related convictions was overstated because the FBI initially coded the investigative cases as terrorism-related when the cases were opened, but did not recode cases when no link to terrorism was established.

And here’s an example of a problem:

For example, Operation Tarmac was a worksite enforcement operation launched in November 2001 at the nation’s airports. During this operation, Department and other federal agents went into regional airports and checked the immigration papers of airport workers. The agents then arrested any individuals who used falsified documents, such as social security numbers, drivers’ licenses, and other identification documents, to gain employment. EOUSA officials told us they believe these defendants are properly coded under the anti-terrorism program activity. We do not agree that law enforcement efforts such as these should be counted as “anti-terrorism” unless the subject or target is reasonably linked to terrorist activity.

There’s an enormous amount of detail in the report, if you want to wade through the 80ish pages of report and another 80ish of appendices.

Posted on February 23, 2007 at 7:13 AMView Comments

1 17 18 19 20 21 23

Sidebar photo of Bruce Schneier by Joe MacInnis.