Unsurprisingly, in their quest for increased funding FBI officials failed to mention that the 2004 GAO report raised significant and troubling questions glossed over by securocrats. To wit, GAO investigators averred:
Despite these concerns, an FBI budget document released to Wired baldly states:
Four years after the GAO report cited the potential for abuse inherent in such techniques, The National Research Council's exhaustive study criticized the alleged ability of data-miners to discover hidden "patterns" and "trends" among disparate data-sets "precisely because so little is known about what patterns indicate terrorist activity; as a result, they are likely to generate huge numbers of false leads."
False leads that may very well land an innocent person on a terrorist watch-list or as a subject of a wide-ranging and unwarranted national security investigation. But as with all things relating to "counterterrorism," the guilt or innocence of the average citizen is a trifling matter while moves to "empower agents" to "find those persons, places or things of investigative and intelligence interest," is the paramount goal. "Justice" under such a system becomes another preemptive "tool" subject to the whims of our political masters.
The use of federal dollars for such a dubious and questionable enterprise has already had real-world consequences for political activists. Just ask RNC Welcoming Committee activists currently under indictment in Minnesota for their role in organizing legal protests against the far-right Republican National Convention last year in St. Paul.
As Antifascist Calling revealed earlier this year, one private security outfit, the now-defunct Highway Watch which worked closely with the FBI, used "social network theory" and "link analysis," and cited the group's legal political organizing, including "increased membership via the internet" and "public appearances at various locations across the US," as a significant factor that rendered the group a "legitimate" target for heightened surveillance and COINTELPRO-style disruption.
Singel also disclosed that NSAC shared data "with the Pentagon's controversial Counter-Intelligence Field Activity office, a secretive domestic-spying unit which collected data on peace groups, including the Quakers, until it was shut down in 2008. But the FBI told lawmakers it would be careful in its interactions with that group."
As journalists and congressional investigators subsequently revealed however, CIFA's dark heart the office's mammoth databases were off-loaded to other secret state security agencies, including the FBI.
CIFA: Closed Down or Farmed Out?
When CIFA ran aground after a series of media disclosures beginning in 2004, some critics believed that was the end of that. "From the beginning of its existence," investigative journalist Tim Shorrock revealed in Spies For Hire, "CIFA had extensive authority to conduct domestic counterintelligence."
Indeed, one CIFA official "was the deputy director of the FBI's multiagency Foreign Terrorist Tracking Task Force," Shorrock wrote, "and other CIFA officials were assigned to more than one hundred regional Joint Terrorism Task Forces where they served with other personnel from the Pentagon, as well as the FBI, state and local police, and the Department of Homeland Security."
Their role as clearinghouses for domestic intelligence will expand even further under President Obama's purported "change" administration.
Federal Computer Week revealed September 30, that DHS "is establishing a new office to coordinate its intelligence-sharing efforts in state and local intelligence fusion centers."
According to the publication, a "new Joint Fusion Center Program Management Office will be part of DHS' Office of Intelligence and Analysis, [DHS Secretary Janet] Napolitano told the Senate Homeland Security and Governmental Affairs Committee. Napolitano said she strongly supports the centers."
Though little reported by the corporate media, domestic spying had become big business with some very powerful constituencies.
Take CIFA, for example. Ostensibly a Defense Department agency, the secretive office which once had a multi-billion dollar budget at its disposal, was a veritable cash cow for enterprising security grifters. Much has been made of the corrupt contracts forged by disgraced Pentagon contractor Mitchell Wade and his MZM corporation, caught up in the "Duke" Cunningham scandal that landed the San Diego Republican congressman an eight-year federal prison term in 2006. Untouched however, by the outcry over domestic Pentagon spying were top-flight defense and security firms who lent their considerable resources at a steep price to the office.
Among the corporations who contracted out analysts and operatives to CIFA were heavy hitters such as Lockheed Martin, Carlyle Group subsidiary U.S. Investigations Services, Analex, Inc., an intelligence contractor owned by the U.K.'s QinetiQ, ManTech International, the Harris Corporation, SRA International, as well as General Dynamics, CACI International and the Science Applications International Corporation (SAIC). All told, these corporations reap tens of billions of dollars annually in federal largesse.
As Shorrock revealed, by 2006 CIFA "had four hundred full-time employees and eight hundred to nine hundred contractors working for it." Many were military intelligence and security analysts who jumped ship to land lucrative six-figure contracts in the burgeoning homeland security market, as the whistleblowing web site Wikileaks revealed in July when they published a massive 1525-page file on just one fusion center.
Information illegally obtained on American citizens by CIFA came to reside in the office's Threat And Local Observation Notice (TALON) system and a related database known as CORNERSTONE.
In 2007, the National Security Archive published Pentagon documents outlining U.S. Northern Command's (USNORTHCOM) extensive surveillance activities that targeted legal political protests organized by antiwar activists. In April 2007, Undersecretary of Defense for Intelligence, Lt. General James Clapper, "reviewed the results of the TALON program" and concluded "he did not believe they merit continuing the program as currently constituted."
Despite revelations that CIFA and USNORTHCOM had illegally conducted prohibited activities in violation of the Posse Comitatus Act, which restricts the military from carrying out domestic law enforcement, not a single operative or program manager was brought to book. According to The National Security Archive:
Last year Antifascist Calling reported that when CIFA was shut down, that organization's TALON database was off-loaded to the Defense Intelligence Agency's Defense Counterintelligence and Human Intelligence Center and the FBI's GUARDIAN database that resides in the Bureau's Investigative Data Warehouse (IDW).
The IDW is a massive repository for data-mining. As I reported in May, citing the Electronic Frontier Foundation's revelations, the IDW possesses something on the order of 1.5 billion searchable files. In comparison, the entire Library of Congress contains 138 million unique documents.
EFF has called the IDW "the FBI's single largest repository of operational and intelligence information."
In 2005, FBI Section Chief Michael Morehart said that "IDW is a centralized, web-enabled, closed system repository for intelligence and investigative data." Unidentified FBI agents have described it as "one-stop shopping" for FBI agents and an "uber-Google." According to the Bureau, "[t]he IDW system provides data storage, database management, search, information presentation, and security services."
As the Wired investigation reveals, NSAC intends to expand these data-mining capabilities. Currently, NSAC employs "103 full-time employees and contractors, and the FBI was seeking budget approval for another 71 employees, plus more than $8 million for outside contractors to help analyze its growing pool of private and public data." Long-term, according to a planning document, the FBI "wants to expand the center to 439 people."
While John Poindexter's Total Information Awareness program may have disappeared along with the Bush administration, it's toxic heart lives on in the National Security Branch Analysis Center.
TIA, IDW, NSAC: What's in an Acronym? Plenty!
When the Pentagon's Defense Advanced Research Project Agency (DARPA) stood up the Information Awareness Office in 2002, the office's stated mission was to gather as much information on American citizens as possible and store it in a centralized, meta-database for perusal by secret state agencies.
Information included in the massive data-sets by IAO included internet activity, credit card purchase histories, airline ticket purchases and travel itineraries, rental car records, medical histories, educational transcripts, driver's licenses, social security numbers, utility bills, tax returns, indeed any searchable record imaginable.
As Wired reported, these are the data-sets that NSAC plans to exploit.
When Congress killed the DARPA program in 2004, most critics believed that was the end of the Pentagon's leap back into domestic intelligence. However, as we have since learned, the data-mining portion of the program was farmed out to a host of state agencies, including the National Security Agency, the Defense Intelligence Agency and the FBI.
These firms, and many more, are current NSAC contractors; to all intents and purposes TIA now resides deep inside the Bureau's Investigative Data Warehouse and NSAC's Foreign Terrorist Tracking Task Force.
While the FBI claims that unlike TIA, NSAC is not "open-ended" and that a "mission is usually begun with a list of names or personal identifiers that have arisen during a threat assessment, preliminary or full investigation," Wired reports that "the FBI's pre-crime intentions are much wider that the bureau acknowledged."
This will inevitably change and not for the better as NSAC expands its brief and secures an ever-growing mountain of data at an exponential rate. In this endeavor, they will be aided by the U.S. Senate.
With three provisions of the draconian Patriot Act set to expire at years' end, the Senate Judiciary Committee, chaired by Sen. Patrick Leahy (D-VI) and Sen. Dianne Feinstein (D-CA), a member of the committee and chairwoman of the powerful Senate Intelligence Committee, stripped-away privacy protections to proposed legislation that would extend the provisions.
Caving-in to pressure from the FBI which claims that protecting Americans' privacy rights from out-of-control spooks would jeopardize "ongoing" terror investigations, Leahy gutted the safeguards he had espoused just last week!
Claiming that his own proposal might hinder open-ended "terror" investigations Leahy said at the hearing, "I'm trying to introduce balances on both sides." The original amendment would have curtailed Bureau fishing expeditions and would have required an actual connection of investigated parties to terrorism or foreign espionage.
Leahy was referring to Section 215 of the Patriot Act that allows the secretive Foreign Intelligence Surveillance Court (FISC) to authorize broad warrants for nearly any type of record, including those held by banks, libraries, internet service providers, credit card companies, even doctors of "persons of interest."
An amendment offered by Sen. Richard Durbin (D-IL) to repeal the Leahy-Feinstein amendment was defeated in committee by a 415 vote. As the Senator from the FBI, Feinstein said that the Bureau did not support Durbin's amendment. "It would end several classified and critical investigations," she said. Or perhaps Durbin's amendment would have lowered the boom on a host of illegal programs across the 16-agency U.S. "Intelligence Community."
As Antifascist Calling reported in July, a 38-page declassified report by inspectors general of the CIA, NSA, Department of Justice, Department of Defense and the Office of National Intelligence collectively called the acknowledged "Terrorist Surveillance Program" and cross-agency top secret "Other Intelligence Activities" the "President's Surveillance Program," PSP.
The IG's report failed to disclose what these programs actually did, and probably still do today under the Obama administration. Shrouded beneath impenetrable layers of secrecy and deceit, these undisclosed programs lie at the dark heart of the state's war against the American people.
The Department of Justice's Office of Inspector General (OIG) described FBI participation in the PSP as that of a passive "recipient of intelligence collected under the program" and efforts by the Bureau "to improve cooperation with the NSA to enhance the usefulness of PSP-derived information to FBI agents."
The OIG goes on to state that "further details about these topics are classified and therefore cannot be discussed here." As The New York Times revealed earlier this year in April and June, the NSA's STELLAR WIND and PINWALE internet and email text intercept programs are giant data-mining meta-databases that sift emails, faxes, and text messages of millions of people in the United States.
Far from being mere passive spectators, the FBI's Investigative Data Warehouse continues to be a major recipient of NSA's STELLAR WIND and PINWALE programs. As Marc Ambinder reported in The Atlantic PINWALE is "an unclassified proprietary term used to refer to advanced data-mining software that the government uses. Contractors who do SIGINT mining work often include a familiarity with Pinwale as a prerequisite for certain jobs."
As the Electronic Frontier Foundation's report on the IDW revealed, the FBI closely worked with SAIC, Convera and Chiliad to develop the project. Indeed, as EFF discovered "The FBI set up an Information Sharing Policy Group (ISPG), chaired by the Executive Assistant Directors of Administration and Intelligence, to review requests to ingest additional datasets into the IDW, in response to Congressional 'privacy concerns that may arise from FBI engaging in 'data mining.' In February 2005, the Counterterrorism Division asked for 8 more data sources." The names of the data sources were redacted in three of the eight datasets reviewed by EFF while three came from the Department of Homeland Security.
All of which begs the question: what is the FBI hiding behind its reorganization of the FTTTF and IDW into the National Security Branch Analysis Center? What role does the National Security Agency and private contractors play in standing-up NSAC? And why, as EFF disclosed, is the Bureau fearful of including Privacy Impact Assessments (PIAs) that might raise "congressional consciousness levels and expectations" in the context of Bureau "national security systems"?
Indeed, as the American Civil Liberties Union stated, "once again, the FBI has been found to be using invasive 'counterterrorism' tools to collect personal information about innocent Americans," and it "appears that the FBI has continued its habit of gathering bulk amounts of personal information with little or no oversight."
Not that congressional grifters and their corporate cronies, who have much to gain from billions of federal dollars pumped into these intrusive programs, actually care to explore what becomes of data illegally collected on innocent Americans by NSAC.
The civil liberties watchdog concludes they have "long suspected that the congressional dissent over and public demise of the Pentagon's TIA program would result in a concealed and more invasive version of the program."
Plus ça change, plus c'est la même chose. Somewhere near Washington Admiral Poindexter is leaning back in his chair, filling his pipe and smiling...
This article originally appeared on GlobalResearch.ca.
October 12, 2009
Tom Burghardt is a researcher and activist based in the San Francisco Bay Area. In addition to publishing in Covert Action Quarterly and Global Research, an independent research and media group of writers, scholars, journalists and activists based in Montreal, his articles can be read on Dissident Voice, The Intelligence Daily, Pacific Free Press and the whistleblowing website Wikileaks. He is the editor of Police State America: U.S. Military "Civil Disturbance" Planning, distributed by AK Press.
Copyright © 2009 Tom Burghardt, Antifascist Calling...