Entries Tagged "mission creep"

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NSA Has Undercover Operatives in Foreign Companies

The latest Intercept article on the Snowden documents talks about the NSA’s undercover operatives working in foreign companies. There are no specifics, although the countries China, Germany, and South Korea are mentioned. It’s also hard to tell if the NSA has undercover operatives working in companies in those countries, or has undercover contractors visiting those companies. The document is dated 2004, although there’s no reason to believe that the NSA has changed its behavior since then.

The most controversial revelation in Sentry Eagle might be a fleeting reference to the NSA infiltrating clandestine agents into “commercial entities.” The briefing document states that among Sentry Eagle’s most closely guarded components are “facts related to NSA personnel (under cover), operational meetings, specific operations, specific technology, specific locations and covert communications related to SIGINT enabling with specific commercial entities (A/B/C)””

It is not clear whether these “commercial entities” are American or foreign or both. Generally the placeholder “(A/B/C)” is used in the briefing document to refer to American companies, though on one occasion it refers to both American and foreign companies. Foreign companies are referred to with the placeholder “(M/N/O).” The NSA refused to provide any clarification to The Intercept.

That program is SENTRY OSPREY, which is a program under SENTRY EAGLE.

The document makes no other reference to NSA agents working under cover. It is not clear whether they might be working as full-time employees at the “commercial entities,” or whether they are visiting commercial facilities under false pretenses.

Least fun job right now: being the NSA person who fielded the telephone call from the Intercept to clarify that (A/B/C)/(M/N/O) thing. “Hi. We’re going public with SENTRY EAGLE next week. There’s one thing in the document we don’t understand, and we wonder if you could help us….” Actually, that’s wrong. The person who fielded the phone call had no idea what SENTRY EAGLE was. The least fun job belongs to the person up the command chain who did.

Wired article. Slashdot and Hacker News threads.

Posted on October 11, 2014 at 2:54 PM • View Comments

Reforming the NSA

Leaks from the whistleblower Edward Snowden have catapulted the NSA into newspaper headlines and demonstrated that it has become one of the most powerful government agencies in the country. From the secret court rulings that allow it to collect data on all Americans to its systematic subversion of the entire Internet as a surveillance platform, the NSA has amassed an enormous amount of power.

There are two basic schools of thought about how this came to pass. The first focuses on the agency’s power. Like J. Edgar Hoover, NSA Director Keith Alexander has become so powerful as to be above the law. He is able to get away with what he does because neither political party—and nowhere near enough individual lawmakers—dare cross him. Longtime NSA watcher James Bamford recently quoted a CIA official: “We jokingly referred to him as Emperor Alexander—with good cause, because whatever Keith wants, Keith gets.”

Possibly the best evidence for this position is how well Alexander has weathered the Snowden leaks. The NSA’s most intimate secrets are front-page headlines, week after week. Morale at the agency is in shambles. Revelation after revelation has demonstrated that Alexander has exceeded his authority, deceived Congress, and possibly broken the law. Tens of thousands of additional top-secret documents are still waiting to come. Alexander has admitted that he still doesn’t know what Snowden took with him and wouldn’t have known about the leak at all had Snowden not gone public. He has no idea who else might have stolen secrets before Snowden, or who such insiders might have provided them to. Alexander had no contingency plans in place to deal with this sort of security breach, and even now—four months after Snowden fled the country—still has no coherent response to all this.

For an organization that prides itself on secrecy and security, this is what failure looks like. It is a testament to Alexander’s power that he still has a job.

The second school of thought is that it’s the administration’s fault—not just the present one, but the most recent several. According to this theory, the NSA is simply doing its job. If there’s a problem with the NSA’s actions, it’s because the rules it’s operating under are bad. Like the military, the NSA is merely an instrument of national policy. Blaming the NSA for creating a surveillance state is comparable to blaming the US military for the conduct of the Iraq war. Alexander is performing the mission given to him as best he can, under the rules he has been given, with the sort of zeal you’d expect from someone promoted into that position. And the NSA’s power predated his directorship.

Former NSA Director Michael Hayden exemplifies this in a quote from late July: “Give me the box you will allow me to operate in. I’m going to play to the very edges of that box.”

This doesn’t necessarily mean the administration is deliberately giving the NSA too big a box. More likely, it’s simply that the laws aren’t keeping pace with technology. Every year, technology gives us possibilities that our laws simply don’t cover clearly. And whenever there’s a gray area, the NSA interprets whatever law there is to give them the most expansive authority. They simply run rings around the secret court that rules on these things. My guess is that while they have clearly broken the spirit of the law, it’ll be harder to demonstrate that they broke the letter of the law.

In football terms, the first school of thought says the NSA is out of bounds. The second says the field is too big. I believe that both perspectives have some truth to them, and that the real problem comes from their combination.

Regardless of how we got here, the NSA can’t reform itself. Change cannot come from within; it has to come from above. It’s the job of government: of Congress, of the courts, and of the president. These are the people who have the ability to investigate how things became so bad, rein in the rogue agency, and establish new systems of transparency, oversight, and accountability.

Any solution we devise will make the NSA less efficient at its eavesdropping job. That’s a trade-off we should be willing to make, just as we accept reduced police efficiency caused by requiring warrants for searches and warning suspects that they have the right to an attorney before answering police questions. We do this because we realize that a too-powerful police force is itself a danger, and we need to balance our need for public safety with our aversion of a police state.

The same reasoning needs to apply to the NSA. We want it to eavesdrop on our enemies, but it needs to do so in a way that doesn’t trample on the constitutional rights of Americans, or fundamentally jeopardize their privacy or security. This means that sometimes the NSA won’t get to eavesdrop, just as the protections we put in place to restrain police sometimes result in a criminal getting away. This is a trade-off we need to make willingly and openly, because overall we are safer that way.

Once we do this, there needs to be a cultural change within the NSA. Like at the FBI and CIA after past abuses, the NSA needs new leadership committed to changing its culture. And giving up power.

Our society can handle the occasional terrorist act; we’re resilient, and—if we decided to act that way—indomitable. But a government agency that is above the law… it’s hard to see how America and its freedoms can survive that.

This essay previously appeared on TheAtlantic.com, with the unfortunate title of “Zero Sum: Americans Must Sacrifice Some Security to Reform the NSA.” After I complained, they changed the title to “The NSA-Reform Paradox: Stop Domestic Spying, Get More Security.”

Posted on September 16, 2013 at 6:55 AM • View Comments

Conspiracy Theories and the NSA

I’ve recently seen two articles speculating on the NSA’s capability, and practice, of spying on members of Congress and other elected officials. The evidence is all circumstantial and smacks of conspiracy thinking—and I have no idea whether any of it is true or not—but it’s a good illustration of what happens when trust in a public institution fails.

The NSA has repeatedly lied about the extent of its spying program. James R. Clapper, the director of national intelligence, has lied about it to Congress. Top-secret documents provided by Edward Snowden, and reported on by the Guardian and other newspapers, repeatedly show that the NSA’s surveillance systems are monitoring the communications of American citizens. The DEA has used this information to apprehend drug smugglers, then lied about it in court. The IRS has used this information to find tax cheats, then lied about it. It’s even been used to arrest a copyright violator. It seems that every time there is an allegation against the NSA, no matter how outlandish, it turns out to be true.

Guardian reporter Glenn Greenwald has been playing this well, dribbling the information out one scandal at a time. It’s looking more and more as if the NSA doesn’t know what Snowden took. It’s hard for someone to lie convincingly if he doesn’t know what the opposition actually knows.

All of this denying and lying results in us not trusting anything the NSA says, anything the president says about the NSA, or anything companies say about their involvement with the NSA. We know secrecy corrupts, and we see that corruption. There’s simply no credibility, and—the real problem—no way for us to verify anything these people might say.

It’s a perfect environment for conspiracy theories to take root: no trust, assuming the worst, no way to verify the facts. Think JFK assassination theories. Think 9/11 conspiracies. Think UFOs. For all we know, the NSA might be spying on elected officials. Edward Snowden said that he had the ability to spy on anyone in the U.S., in real time, from his desk. His remarks were belittled, but it turns out he was right.

This is not going to improve anytime soon. Greenwald and other reporters are still poring over Snowden’s documents, and will continue to report stories about NSA overreach, lawbreaking, abuses, and privacy violations well into next year. The “independent” review that Obama promised of these surveillance programs will not help, because it will lack both the power to discover everything the NSA is doing and the ability to relay that information to the public.

It’s time to start cleaning up this mess. We need a special prosecutor, one not tied to the military, the corporations complicit in these programs, or the current political leadership, whether Democrat or Republican. This prosecutor needs free rein to go through the NSA’s files and discover the full extent of what the agency is doing, as well as enough technical staff who have the capability to understand it. He needs the power to subpoena government officials and take their sworn testimony. He needs the ability to bring criminal indictments where appropriate. And, of course, he needs the requisite security clearance to see it all.

We also need something like South Africa’s Truth and Reconciliation Commission, where both government and corporate employees can come forward and tell their stories about NSA eavesdropping without fear of reprisal.

Yes, this will overturn the paradigm of keeping everything the NSA does secret, but Snowden and the reporters he’s shared documents with have already done that. The secrets are going to come out, and the journalists doing the outing are not going to be sympathetic to the NSA. If the agency were smart, it’d realize that the best thing it could do would be to get ahead of the leaks.

The result needs to be a public report about the NSA’s abuses, detailed enough that public watchdog groups can be convinced that everything is known. Only then can our country go about cleaning up the mess: shutting down programs, reforming the Foreign Intelligence Surveillance Act system, and reforming surveillance law to make it absolutely clear that even the NSA cannot eavesdrop on Americans without a warrant.

Comparisons are springing up between today’s NSA and the FBI of the 1950s and 1960s, and between NSA Director Keith Alexander and J. Edgar Hoover. We never managed to rein in Hoover’s FBI—it took his death for change to occur. I don’t think we’ll get so lucky with the NSA. While Alexander has enormous personal power, much of his power comes from the institution he leads. When he is replaced, that institution will remain.

Trust is essential for society to function. Without it, conspiracy theories naturally take hold. Even worse, without it we fail as a country and as a culture. It’s time to reinstitute the ideals of democracy: The government works for the people, open government is the best way to protect against government abuse, and a government keeping secrets from its people is a rare exception, not the norm.

This essay originally appeared on TheAtlantic.com.

Posted on September 6, 2013 at 11:08 AM • View Comments

Book Review: Rise of the Warrior Cop

Rise of the Warrior Cop: The Militarization of America’s Police Forces, by Radley Balko, PublicAffairs, 2013, 400 pages.

War as a rhetorical concept is firmly embedded in American culture. Over the past several decades, federal and local law enforcement has been enlisted in a war on crime, a war on drugs and a war on terror. These wars are more than just metaphors designed to rally public support and secure budget appropriations. They change the way we think about what the police do. Wars mean shooting first and asking questions later. Wars require military tactics and weaponry. Wars mean civilian casualties.

Over the decades, the war metaphor has resulted in drastic changes in the way the police operate. At both federal and state levels, the formerly hard line between police and military has blurred. Police are increasingly using military weaponry, employing military tactics and framing their mission using military terminology. Right now, there is a Third Amendment case—that’s the one about quartering soldiers in private homes without consent—making its way through the courts. It involves someone who refused to allow the police to occupy his home in order to gain a “tactical advantage” against the house next-door. The police returned later, broke down his door, forced him to the floor and then arrested him for obstructing an officer. They also shot his dog with pepperball rounds. It’s hard to argue with the premise of this case; police officers are acting so much like soldiers that it can be hard to tell the difference.

In Rise of the Warrior Cop, Radley Balko chronicles the steady militarization of the police in the U.S. A detailed history of a dangerous trend, Mr. Balko’s book tracks police militarization over the past 50 years, a period that not coincidentally corresponds with the rise of SWAT teams. First established in response to the armed riots of the late 1960s, they were originally exclusive to big cities and deployed only against heavily armed and dangerous criminals. Today SWAT teams are nothing special. They’ve multiplied like mushrooms. Every city has a SWAT team; 80% of towns between 25,000 and 50,000 people do as well. These teams are busy; in 2005 there were between 50,000 and 60,000 SWAT raids in the U.S. The tactics are pretty much what you would expect—breaking down doors, rushing in with military weaponry, tear gas—but the targets aren’t. SWAT teams are routinely deployed against illegal poker games, businesses suspected of employing illegal immigrants and barbershops with unlicensed hair stylists.

In Prince George’s County, MD, alone, SWAT teams were deployed about once a day in 2009, overwhelmingly to serve search or arrest warrants, and half of those warrants were for “misdemeanors and nonserious felonies.” Much of Mr. Balko’s data is approximate, because police departments don’t publish data, and they uniformly oppose any attempts at transparency or oversight. But he has good Maryland data from 2009 on, because after the mayor of Berwyn Heights was mistakenly attacked and terrorized in his home by a SWAT team in 2008, the state passed a law requiring police to report quarterly on their use of SWAT teams: how many times, for what purposes and whether any shots were fired during the raids.

Besides documenting policy decisions at the federal and state levels, the author examines the influence of military contractors who have looked to expand into new markets. And he tells some pretty horrific stories of SWAT raids gone wrong. A lot of dogs get shot in the book. Most interesting are the changing attitudes of police. As the stories progress from the 1960s to the 2000s, we see police shift from being uncomfortable with military weapons and tactics—and deploying them only as the very last resort in the most extreme circumstances—to accepting and even embracing their routine use.

This development coincides with the rhetorical use of the word “war.” To the police, civilians are citizens to protect. To the military, we are a population to be subdued. Wars can temporarily override the Constitution. When the Justice Department walks into Congress with requests for money and new laws to fight a war, it is going to get a different response than if it came in with a story about fighting crime. Maybe the most chilling quotation in the book is from William French Smith, President Reagan’s first attorney general: “The Justice Department is not a domestic agency. It is the internal arm of national defense.” Today we see that attitude in the war on terror. Because it’s a war, we can arrest and imprison Americans indefinitely without charges. We can eavesdrop on the communications of all Americans without probable cause. We can assassinate American citizens without due process. We can have secret courts issuing secret rulings about secret laws. The militarization of the police is just one aspect of an increasing militarization of government.

Mr. Balko saves his prescriptions for reform until the last chapter. Two of his fixes, transparency and accountability, are good remedies for all governmental overreach. Specific to police departments, he also recommends halting mission creep, changing police culture and embracing community policing. These are far easier said than done. His final fix is ending the war on drugs, the source of much police violence. To this I would add ending the war on terror, another rhetorical war that costs us hundreds of billions of dollars, gives law enforcement powers directly prohibited by the Constitution and leaves us no safer.

This essay originally appeared in the Wall Street Journal.

Related essay.

Posted on August 13, 2013 at 1:31 PM • View Comments

NSA Surveillance and Mission Creep

Last month, I wrote about the potential for mass surveillance mission creep: the tendency for the vast NSA surveillance apparatus to be used for other, lesser, crimes. My essay was theoretical, but it turns out to be already happening.

Other agencies are already asking to use the NSA data:

Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain that their attempts to exploit the security agency’s vast resources have often been turned down because their own investigations are not considered a high enough priority, current and former government officials say.

The Drug Enforcement Agency is already using this data, and lying about it:

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin—not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence—information that could reveal entrapment, mistakes or biased witnesses.

I find that “some experts say” bit funny. I suppose it’s Reuters’ way of pretending there’s balance.

This is really bad. The surveillance state is closer than most of us think.

Posted on August 6, 2013 at 6:16 AM • View Comments

Counterterrorism Mission Creep

One of the assurances I keep hearing about the U.S. government’s spying on American citizens is that it’s only used in cases of terrorism. Terrorism is, of course, an extraordinary crime, and its horrific nature is supposed to justify permitting all sorts of excesses to prevent it. But there’s a problem with this line of reasoning: mission creep. The definitions of “terrorism” and “weapon of mass destruction” are broadening, and these extraordinary powers are being used, and will continue to be used, for crimes other than terrorism.

Back in 2002, the Patriot Act greatly broadened the definition of terrorism to include all sorts of “normal” violent acts as well as non-violent protests. The term “terrorist” is surprisingly broad; since the terrorist attacks of 9/11, it has been applied to people you wouldn’t normally consider terrorists.

The most egregious example of this are the three anti-nuclear pacifists, including an 82-year-old nun, who cut through a chain-link fence at the Oak Ridge nuclear-weapons-production facility in 2012. While they were originally arrested on a misdemeanor trespassing charge, the government kept increasing their charges as the facility’s security lapses became more embarrassing. Now the protestors have been convicted of violent crimes of terrorism—and remain in jail.

Meanwhile, a Tennessee government official claimed that complaining about water quality could be considered an act of terrorism. To the government’s credit, he was subsequently demoted for those remarks.

The notion of making a terrorist threat is older than the current spate of anti-terrorism craziness. It basically means threatening people in order to terrorize them, and can include things like pointing a fake gun at someone, threatening to set off a bomb, and so on. A Texas high-school student recently spent five months in jail for writing the following on Facebook: “I think I’ma shoot up a kindergarten. And watch the blood of the innocent rain down. And eat the beating heart of one of them.” Last year, two Irish tourists were denied entry at the Los Angeles Airport because of some misunderstood tweets.

Another term that’s expanded in meaning is “weapon of mass destruction.” The law is surprisingly broad, and includes anything that explodes, leading political scientist and terrorism-fear skeptic John Mueller to comment:

As I understand it, not only is a grenade a weapon of mass destruction, but so is a maliciously-designed child’s rocket even if it doesn’t have a warhead. On the other hand, although a missile-propelled firecracker would be considered a weapon of mass destruction if its designers had wanted to think of it as a weapon, it would not be so considered if it had previously been designed for use as a weapon and then redesigned for pyrotechnic use or if it was surplus and had been sold, loaned, or given to you (under certain circumstances) by the secretary of the army ….

All artillery, and virtually every muzzle-loading military long arm for that matter, legally qualifies as a WMD. It does make the bombardment of Ft. Sumter all the more sinister. To say nothing of the revelation that The Star Spangled Banner is in fact an account of a WMD attack on American shores.

After the Boston Marathon bombings, one commentator described our use of the term this way: “What the United States means by terrorist violence is, in large part, ‘public violence some weirdo had the gall to carry out using a weapon other than a gun.’ … Mass murderers who strike with guns (and who don’t happen to be Muslim) are typically read as psychopaths disconnected from the larger political sphere.” Sadly, there’s a lot of truth to that.

Even as the definition of terrorism broadens, we have to ask how far we will extend that arbitrary line. Already, we’re using these surveillance systems in other areas. A raft of secret court rulings has recently expanded the NSA’s eavesdropping powers to include “people possibly involved in nuclear proliferation, espionage and cyberattacks.” A “little-noticed provision” in a 2008 law expanded the definition of “foreign intelligence” to include “weapons of mass destruction,” which, as we’ve just seen, is surprisingly broad.

A recent Atlantic essay asks, somewhat facetiously, “If PRISM is so good, why stop with terrorism?” The author’s point was to discuss the value of the Fourth Amendment, even if it makes the police less efficient. But it’s actually a very good question. Once the NSA’s ubiquitous surveillance of all Americans is complete—once it has the ability to collect and process all of our emails, phone calls, text messages, Facebook posts, location data, physical mail, financial transactions, and who knows what else—why limit its use to cases of terrorism? I can easily imagine a public groundswell of support to use to help solve some other heinous crime, like a kidnapping. Or maybe a child-pornography case. From there, it’s an easy step to enlist NSA surveillance in the continuing war on drugs; that’s certainly important enough to warrant regular access to the NSA’s databases. Or maybe to identify illegal immigrants. After all, we’ve already invested in this system, we might as well get as much out of it as we possibly can. Then it’s a short jump to the trivial examples suggested in the Atlantic essay: speeding and illegal downloading. This “slippery slope” argument is largely speculative, but we’ve already started down that incline.

Criminal defendants are starting to demand access to the NSA data that they believe will exonerate themselves. How can a moral government refuse this request?

More humorously, the NSA might have created the best backup system ever.

Technology changes slowly, but political intentions can change very quickly. In 2000, I wrote in my book Secrets and Lies about police surveillance technologies: “Once the technology is in place, there will always be the temptation to use it. And it is poor civic hygiene to install technologies that could someday facilitate a police state.” Today we’re installing technologies of ubiquitous surveillance, and the temptation to use them will be overwhelming.

This essay originally appeared in TheAtlantic.com.

EDITED TO ADD (8/4): Other agencies are already asking to use the NSA data:

Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain that their attempts to exploit the security agency’s vast resources have often been turned down because their own investigations are not considered a high enough priority, current and former government officials say.

Posted on July 19, 2013 at 9:40 AM • View Comments

Transparency and Accountability

As part of the fallout of the Boston bombings, we’re probably going to get some new laws that give the FBI additional investigative powers. As with the Patriot Act after 9/11, the debate over whether these new laws are helpful will be minimal, but the effects on civil liberties could be large. Even though most people are skeptical about sacrificing personal freedoms for security, it’s hard for politicians to say no to the FBI right now, and it’s politically expedient to demand that something be done.

If our leaders can’t say no—and there’s no reason to believe they can—there are two concepts that need to be part of any new counterterrorism laws, and investigative laws in general: transparency and accountability.

Long ago, we realized that simply trusting people and government agencies to always do the right thing doesn’t work, so we need to check up on them. In a democracy, transparency and accountability are how we do that. It’s how we ensure that we get both effective and cost-effective government. It’s how we prevent those we trust from abusing that trust, and protect ourselves when they do. And it’s especially important when security is concerned.

First, we need to ensure that the stuff we’re paying money for actually works and has a measureable impact. Law-enforcement organizations regularly invest in technologies that don’t make us any safer. The TSA, for example, could devote an entire museum to expensive but ineffective systems: puffer machines, body scanners, FAST behavioral screening, and so on. Local police departments have been wasting lots of post-9/11 money on unnecessary high-tech weaponry and equipment. The occasional high-profile success aside, police surveillance cameras have been shown to be a largely ineffective police tool.

Sometimes honest mistakes led organizations to invest in these technologies. Sometimes there’s self-deception and mismanagement—and far too often lobbyists are involved. Given the enormous amount of security money post-9/11, you inevitably end up with an enormous amount of waste. Transparency and accountability are how we keep all of this in check.

Second, we need to ensure that law enforcement does what we expect it to do and nothing more. Police powers are invariably abused. Mission creep is inevitable, and it results in laws designed to combat one particular type of crime being used for an ever-widening array of crimes. Transparency is the only way we have of knowing when this is going on.

For example, that’s how we learned that the FBI is abusing National Security Letters. Traditionally, we use the warrant process to protect ourselves from police overreach. It’s not enough for the police to want to conduct a search; they also need to convince a neutral third party—a judge—that the search is in the public interest and will respect the rights of those searched. That’s accountability, and it’s the very mechanism that NSLs were exempted from.

When laws are broken, accountability is how we punish those who abused their power. It’s how, for example, we correct racial profiling by police departments. And it’s a lack of accountability that permits the FBI to get away with massive data collection until exposed by a whistleblower or noticed by a judge.

Third, transparency and accountability keep both law enforcement and politicians from lying to us. The Bush Administration lied about the extent of the NSA’s warrantless wiretapping program. The TSA lied about the ability of full-body scanners to save naked images of people. We’ve been lied to about the lethality of tasers, when and how the FBI eavesdrops on cell-phone calls, and about the existence of surveillance records. Without transparency, we would never know.

A decade ago, the FBI was heavily lobbying Congress for a law to give it new wiretapping powers: a law known as CALEA. One of its key justifications was that existing law didn’t allow it to perform speedy wiretaps during kidnapping investigations. It sounded plausible—and who wouldn’t feel sympathy for kidnapping victims?—but when civil-liberties organizations analyzed the actual data, they found that it was just a story; there were no instances of wiretapping in kidnapping investigations. Without transparency, we would never have known that the FBI was making up stories to scare Congress.

If we’re going to give the government any new powers, we need to ensure that there’s oversight. Sometimes this oversight is before action occurs. Warrants are a great example. Sometimes they’re after action occurs: public reporting, audits by inspector generals, open hearings, notice to those affected, or some other mechanism. Too often, law enforcement tries to exempt itself from this principle by supporting laws that are specifically excused from oversight…or by establishing secret courts that just rubber-stamp government wiretapping requests.

Furthermore, we need to ensure that mechanisms for accountability have teeth and are used.

As we respond to the threat of terrorism, we must remember that there are other threats as well. A society without transparency and accountability is the very definition of a police state. And while a police state might have a low crime rate—especially if you don’t define police corruption and other abuses of power as crime—and an even lower terrorism rate, it’s not a society that most of us would willingly choose to live in.

We already give law enforcement enormous power to intrude into our lives. We do this because we know they need this power to catch criminals, and we’re all safer thereby. But because we recognize that a powerful police force is itself a danger to society, we must temper this power with transparency and accountability.

This essay previously appeared on TheAtlantic.com.

Posted on May 14, 2013 at 5:48 AM • View Comments

IEDs Are Now Weapons of Mass Destruction

In an article on the recent arrests in New York:

On Wednesday night, they planted one of the mock improvised explosive devices in a trunk of a car outside the temple and two mock bombs in the back seat of a car outside the Jewish center, the authorities said. Shortly thereafter, police officers swooped in and broke the windows on the suspects’ black sport utility vehicle and charged them with conspiracy to use weapons of mass destruction within the United States and conspiracy to acquire and use antiaircraft missiles.

I’ve covered this before. According to the law, almost any weapon is a weapon of mass destruction.

From the complaint:

… knowingly did combine, conspire, confederate and agree together and with each other to use a weapon of mass destruction, to wit, a surface-to-air guided missile system and an improvised explosive device (“IED”) containing over 30 pounds of Composition 4 (‘C-4″) military grade plastic explosive material against persons and property within the United States.

Posted on May 21, 2009 at 3:54 PM • View Comments

Airlines Defining Anyone Disruptive as Terrorists

From the Los Angeles Times:

Freeman is one of at least 200 people on flights who have been convicted under the amended law. In most of the cases, there was no evidence that the passengers had attempted to hijack the airplane or physically attack any of the flight crew. Many have simply involved raised voices, foul language and drunken behavior.

Some security experts say the use of the law by airlines and their employees has run amok, criminalizing incidents that did not start out as a threat to public safety, much less an act of terrorism.

In one case, a couple was arrested after an argument with a flight attendant, who claimed the couple was engaged in “overt sexual activity”—an FBI affidavit said the two were “embracing, kissing and acting in a manner that made other passengers uncomfortable.”

EDITED TO ADD (2/2): Blog post showing that the article is a lot more hyperbole than fact. And commentary on the commentary.

Posted on February 2, 2009 at 6:47 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.