Effects of Terrorism Fears
Interesting article: “How terrorism fears are transforming America’s public space.”
I am reminded of my essay from four years ago: “Close the Washington Monument.”
Entries Tagged "terrorism"
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Lesson in Successful Disaster Planning
I found the story of the Federal Reserve on 9/11 to be fascinating. It seems they just flipped a switch on all their Y2K preparations, and it worked.
ISIS Threatens US with Terrorism
They’re openly mocking our profiling.
But in several telephone conversations with a Reuters reporter over the past few months, Islamic State fighters had indicated that their leader, Iraqi Abu Bakr al-Baghdadi, had several surprises in store for the West.
They hinted that attacks on American interests or even U.S. soil were possible through sleeper cells in Europe and the United States.
“The West are idiots and fools. They think we are waiting for them to give us visas to go and attack them or that we will attack with our beards or even Islamic outfits,” said one.
“They think they can distinguish us these days they are fools and more than that they don’t know we can play their game in intelligence. They infiltrated us with those who pretend to be Muslims and we have also penetrated them with those who look like them.”
I am reminded of my debate on airport profiling with Sam Harris, particularly my initial response to his writings.
Espionage vs. Surveillance
According to NSA documents published in Glenn Greenwald’s new book No Place to Hide, we now know that the NSA spies on embassies and missions all over the world, including those of Brazil, Bulgaria, Colombia, the European Union, France, Georgia, Greece, India, Italy, Japan, Mexico, Slovakia, South Africa, South Korea, Taiwan, Venezuela and Vietnam.
This will certainly strain international relations, as happened when it was revealed that the U.S. is eavesdropping on German Chancellor Angela Merkel’s cell phone—but is anyone really surprised? Spying on foreign governments is what the NSA is supposed to do. Much more problematic, and dangerous, is that the NSA is spying on entire populations. It’s a mistake to have the same laws and organizations involved with both activities, and it’s time we separated the two.
The former is espionage: the traditional mission of the NSA. It’s an important military mission, both in peacetime and wartime, and something that’s not going to go away. It’s targeted. It’s focused. Decisions of whom to target are decisions of foreign policy. And secrecy is paramount.
The latter is very different. Terrorists are a different type of enemy; they’re individual actors instead of state governments. We know who foreign government officials are and where they’re located: in government offices in their home countries, and embassies abroad. Terrorists could be anyone, anywhere in the world. To find them, the NSA has to look for individual bad actors swimming in a sea of innocent people. This is why the NSA turned to broad surveillance of populations, both in the U.S. and internationally.
If you think about it, this is much more of a law enforcement sort of activity than a military activity. Both involve security, but just as the NSA’s traditional focus was governments, the FBI’s traditional focus was individuals. Before and after 9/11, both the NSA and the FBI were involved in counterterrorism. The FBI did work in the U.S. and abroad. After 9/11, the primary mission of counterterrorist surveillance was given to the NSA because it had existing capabilities, but the decision could have gone the other way.
Because the NSA got the mission, both the military norms and the legal framework from the espionage world carried over. Our surveillance efforts against entire populations were kept as secret as our espionage efforts against governments. And we modified our laws accordingly. The 1978 Foreign Intelligence Surveillance Act (FISA) that regulated NSA surveillance required targets to be “agents of a foreign power.” When the law was amended in 2008 under the FISA Amendments Act, a target could be any foreigner anywhere.
Government-on-government espionage is as old as governments themselves, and is the proper purview of the military. So let the Commander in Chief make the determination on whose cell phones to eavesdrop on, and let the NSA carry those orders out.
Surveillance is a large-scale activity, potentially affecting billions of people, and different rules have to apply – the rules of the police. Any organization doing such surveillance should apply the police norms of probable cause, due process, and oversight to population surveillance activities. It should make its activities much less secret and more transparent. It should be accountable in open courts. This is how we, and the rest of the world, regains the trust in the US’s actions.
In January, President Obama gave a speech on the NSA where he said two very important things. He said that the NSA would no longer spy on Angela Merkel’s cell phone. And while he didn’t extend that courtesy to the other 82 million citizens of Germany, he did say that he would extend some of the U.S.’s constitutional protections against warrantless surveillance to the rest of the world.
Breaking up the NSA by separating espionage from surveillance, and putting the latter under a law enforcement regime instead of a military regime, is a step toward achieving that.
This essay originally appeared on CNN.com.
Analysis of the FBI's Failure to Stop the Boston Marathon Bombings
Detailed response and analysis of the inspectors general report on the Boston Marathon bombings:
Two opposite mistakes in an after-the-fact review of a terrorist incident are equally damaging. One is to fail to recognize the powerful difference between foresight and hindsight in evaluating how an investigative or intelligence agency should have behaved. After the fact, we know on whom we should have focused attention as a suspect, and we know what we should have protected as a target. With foresight alone, we know neither of these critically important clues to what happened and why. With hindsight, we can focus all of our attention narrowly; with foresight, we have to spread it broadly, as broadly as the imagination of our attackers may roam.
The second mistake is equally important. It is to confuse the fact that people in official positions, like others, will inevitably make mistakes in carrying out any complicated task, with the idea that no mistakes were really made. We can see mistakes with hindsight that can be avoided in the future by recognizing them clearly and designing solutions. After mistakes are made, nothing is more foolish than to hide them or pretend that they were not mistakes.
The Politics of Fear
This is very good:
…one might suppose that modern democratic states, with the lessons of history at hand, would seek to minimize fear or at least minimize its effect on deliberative decision-making in both foreign and domestic policy.
But today the opposite is frequently true. Even democracies founded in the principles of liberty and the common good often take the path of more authoritarian states. They don’t work to minimize fear, but use it to exert control over the populace and serve the government’s principle aim: consolidating power.
[…]
However, since 9/11 leaders of both political parties in the United States have sought to consolidate power by leaning not just on the danger of a terrorist attack, but on the fact that the possible perpetrators are frightening individuals who are not like us. As President George W. Bush put it before a joint session of Congress in 2001: “They hate our freedoms: our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.” Last year President Obama brought the enemy closer to home, arguing in a speech at the National Defense University that “we face a real threat from radicalized individuals here in the United States“—radicalized individuals who were “deranged or alienated individuals - often U.S. citizens or legal residents.”
The Bush fear-peddling is usually considered the more extreme, but is it? The Obama formulation puts the “radicalized individuals” in our midst. They could be American citizens or legal residents. And the subtext is that if we want to catch them we need to start looking within. The other is among us. The pretext for the surveillance state is thus established.
Questioning the Efficacy of NSA's Bulk-Collection Programs
Two reports have recently been published questioning the efficacy of the NSA’s bulk-collection programs. The first one is from the left-leaning New American Foundation (report here, and one-page tabular summary here).
However, our review of the government’s claims about the role that NSA “bulk” surveillance of phone and email communications records has had in keeping the United States safe from terrorism shows that these claims are overblown and even misleading. An in-depth analysis of 225 individuals recruited by al-Qaeda or a like-minded group or inspired by al-Qaeda’s ideology, and charged in the United States with an act of terrorism since 9/11, demonstrates that traditional investigative methods, such as the use of informants, tips from local communities, and targeted intelligence operations, provided the initial impetus for investigations in the majority of cases, while the contribution of NSA’s bulk surveillance programs to these cases was minimal. Indeed, the controversial bulk collection of American telephone metadata, which includes the telephone numbers that originate and receive calls, as well as the time and date of those calls but not their content, under Section 215 of the USA PATRIOT Act, appears to have played an identifiable role in initiating, at most, 1.8 percent of these cases. NSA programs involving the surveillance of non-U.S. persons outside of the United States under Section 702 of the FISA Amendments Act played a role in 4.4 percent of the terrorism cases we examined, and NSA surveillance under an unidentified authority played a role in 1.3 percent of the cases we examined.
The second is from Marshall Erwin of the right-leaning Hoover Institute (report here, and summary here).
My conclusion is simple: neither of these cases demonstrates that bulk phone records collection is effective. Those records did not make a significant contribution to success against the 2009 plot because at the point at which the NSA searched the bulk records database, the FBI already had sufficient information to disrupt the plot. It is also unlikely that bulk collection would have helped disrupt the 9/11 attacks, given critical barriers to information sharing and as demonstrated by the wealth of information already available to the intelligence community about al-Mihdhar.
Debunking the "NSA Mass Surveillance Could Have Stopped 9/11" Myth
It’s something that we’re hearing a lot, both from NSA Director General Keith Alexander and others: the NSA’s mass surveillance programs could have stopped 9/11. It’s not true, and recently two people have published good essays debunking this claim.
The first is from Lawrence Wright, who wrote the best book (The Looming Tower) on the lead-up to 9/11:
Judge Pauley cites the 9/11 Commission Report for his statement that telephone metadata “might have permitted the N.S.A. to notify the [F.B.I.] of the fact that al-Mihdhar was calling the Yemeni safe house from inside the United States.” What the report actually says is that the C.I.A. and the N.S.A. already knew that Al Qaeda was in America, based on the N.S.A.’s monitoring of the Hada phone. If they had told the F.B.I., the agents would have established a link to the embassy-bombings case, which “would have made them very interested in learning more about Mihdhar.” Instead, “the agents who found the source were being kept from obtaining the fruits of their work.”
The N.S.A. failed to understand the significance of the calls between the U.S. and Yemen. The C.I.A. had access to the intelligence, and knew that Al Qaeda was in the U.S. almost two years before 9/11. An investigation by the C.I.A.’s inspector general found that up to sixty people in the agency knew that Al Qaeda operatives were in America. The inspector general said that those who refused to coöperate with the F.B.I. should be held accountable. Instead, they were promoted.
The second is by Peter Bergen, another 9/11 scholar:
But is it really the case that the U.S. intelligence community didn’t have the dots in the lead up to 9/11? Hardly.
In fact, the intelligence community provided repeated strategic warning in the summer of 9/11 that al Qaeda was planning a large-scale attacks on American interests.
[…]
All of these serious terrorism cases argue not for the gathering of ever vaster troves of information but simply for a better understanding of the information the government has already collected and that are derived from conventional law enforcement and intelligence methods.
Evading Airport Security
The news is reporting about Evan Booth, who builds weaponry out of items you can buy after airport security. It’s clever stuff.
It’s not new, though. People have been explaining how to evade airport security for years.
Back in 2006, I—and others—explained how to print your own boarding pass and evade the photo-ID check, a trick that still seems to work. In 2008, I demonstrated carrying two large bottles of liquid through airport security. Here’s a paper about stabbing people with stuff you can take through airport security. And here’s a German video of someone building a bomb out of components he snuck through a full-body scanner. There’s lots more if you start poking around the Internet.
So, what’s the moral here? It’s not like the terrorists don’t know about these tricks. They’re no surprise to the TSA, either. If airport security is so porous, why aren’t there more terrorist attacks? Why aren’t the terrorists using these, and other, techniques to attack planes every month?
I think the answer is simple: airplane terrorism isn’t a big risk. There are very few actual terrorists, and plots are much more difficult to execute than the tactics of the attack itself. It’s the same reason why I don’t care very much about the various TSA mistakes that are regularly reported.
Bizarre Online Gambling Movie-Plot Threat
This article argues that online gambling is a strategic national threat because terrorists could use it to launder money.
The Harper demonstration showed the technology and techniques that terror and crime organizations could use to operate untraceable money laundering built on a highly liquid legalized online poker industry—just the environment that will result from the spread of poker online.
[…]
A single poker game takes just a few hours to transfer $5 million as was recently demonstrated—legally—by American player Brian Hastings with his Swedish competitor half a world away. An established al-Qaida poker network could extract from the United States enough untraceable money in six days to fund an operation like the 9/11 attack on the World Trade Center.
I’m impressed with the massive fear resonating in this essay.
Sidebar photo of Bruce Schneier by Joe MacInnis.