The surveillance state

by Wendy McElroy

The Fort Wayne Journal Gazette reported on July 25 that “there are 72 fusion centers around the

nation, analyzing and disseminating data and information of all kinds.
That is one for every state and others for large urban cities.”

What is a fusion center?

The answer depends on your perspective. If you work for the Department of Homeland Security, it is a federal, state, local, or
regional data-coordination units, designed to improve the sharing of
anti-terrorism and anti-crime data in order to make America safer. If
you are privacy or civil-rights advocate, it is part of a powerful new
domestic surveillance infrastructure that combines data from both the
public and private sectors to track innocent people and so makes
Americans less safe from their own government. In that respect, the
fusion center is reminiscent of the East German stasi,
which used tens of thousands of state police and hundreds of thousands
of informers to monitor an estimated one-third of the population.

The history of fusion centers provides insight into which answer is correct.

Fusion centers began in 2003 under the administration of George W. Bush as a joint project between the departments of Justice and Homeland
Security. The purpose
(pdf) is to coordinate federal and local law enforcement by using the
“800,000 plus law enforcement officers across the country” whose
intimate awareness of their own communities makes them “best placed to
function as the ‘eyes and ears’ of an extended national security
community.” The fusion centers are hubs for the coordination. By April
2008 there were 58.

The growth has continued under the Obama administration. Indeed, Obama has also continued Bush’s concealment of domestic intelligence
activity by threatening to veto
legislation that authorizes broader congressional oversight or review
of intelligence agencies by the Government Accountability Office (GAO).
As a result of that threat, the GAO provision was removed from the Intelligence Authorization Act.

Due to secrecy, it is difficult to describe a typical fusion center. But if the Indiana Intelligence Fusion Center is typical, this is what one looks like.

Indiana’s center has essentially become an arm of Indiana law enforcement…. It has 31 full-time staffers and two part-time
employees. Some … are state employees. Others are assigned to the center
from other agencies, such as the FBI, Transportation Security
Administration, and Marion County Sheriff’s Department. They are joined
by workers from the Department of Correction, the Indiana National
Guard, the Indiana State Police, the Department of Natural Resources and
local campus police…. There are also private sector analysts on
contract. Previously those analysts were from EG&G Technical
Services of California. The most recent contract with EG&G called
for payment of $1.1 million….

Fusion centers invite reports from public employees such as firemen, ambulance drivers, and sanitation workers as well as from the private
sector such as hospitals and neighborhood watch groups. They often
operate tip hotlines; this means a “suspect’s” name could be submitted
by a disgruntled employee, a hostile neighbor, or an ex-spouse who seeks
child custody.

What or who is targeted by this sweeping coordination of data?

To get an idea, let’s look at the Los Angeles Police Department (LAPD) program, which the U.S. Office of the Director of National
Intelligence said “should be a national model.” In June 2008 the
departments of Justice and Homeland Security recommended expansion of
the LAPD program to other cities.

In April 2008 the Wall Street Journal reported on a new LAPD policy that compelled officers to report “suspicious behaviors” to the
local fusion center. LAPD Special Order #11, dated March 5, 2008,
defined a list of 65 suspicious behaviors, including using binoculars,
taking pictures or video footage “with no apparent esthetic value,”
abandoning a vehicle, taking notes, and espousing extremist views. Local
police were converted into domestic surveillance agents.

Voices of caution were present from the inception of fusion centers. Former U.S. Rep. Bob Barr stated

Using the resources of federal and state law enforcement to encourage the citizenry to submit to the government information on
the political, social and even religious views of other people, is in
itself outrageous. For the government to then data-base that
information, disseminate it widely, and clearly imply that views with
which it may disagree provides an appropriate basis on which to surveil
citizens and collect information on them, is beyond the pale. It is also
a poor and inefficient use of police resources.

Political Abuse

Violation of privacy rights, excessive secrecy, lack of congressional oversight, the inevitability of inaccurate and noncorrectable
information, the lack of due process for the accused, the encouragement
of racial/religious profiling, the creation of a “snitch” nation, the
merging of the military with the private sector, the political abuse of
dissidents – the objections scroll on. Specific abuses scroll on as
well. They include:

Maryland: Fifty-three nonviolent political activists, including antiwar and
anti-death penalty activists, were labeled as terrorists and actively
surveilled for 14 months.

Minnesota: Eight anarchist protesters who planned to protest the Republican
National Convention in Minneapolis were preemptively arrested and
charged with terrorism. In Minnesota, a crime can become terrorism if it
disrupts the conduct of government.

Texas: A leaked intelligence bulletin from the North Central Texas Fusion System
asked police officers to report on Islamic and antiwar lobbying groups

Missouri: Supporters of third party presidential candidates, pro-life activists,
and conspiracy theorists were targeted as potential militia members.

Virginia (pdf): A terrorism threat assessment included certain universities as
breeding grounds for terrorism, including historically black colleges.

A more comprehensive list of fusion abuse is available in the ACLU’s Survey of Reported Incidents (pdf). See also the ACLU’s interactive map for what’s happening in your state.

Only Aberrations?

Clearly, the elaborate infrastructure of fusion centers has spied on peaceful citizens. Those who believe the abuses are aberrations, rather
than an inherent or intended function, may argue that increased
transparency will bring accountability and solve the problem. But that
belief is naive. At least four reasons indicate that a lack of
transparency and accountability are built into the system — the absence
of real congressional oversight being number one.

Second, the ACLU and others have filed numerous Freedom of Information Act requests. They have had to fight tooth-and-nail for any scrap of information.

Third, as the ACLU (pdf) notes, “[T]here appears to be an effort by the federal government
to coerce states into exempting their fusion centers from state open
government laws. For those living in Virginia, it’s already too late;
the Virginia General Assembly passed a law in April 2008 exempting the
state’s fusion center from the Freedom of Information Act. According to
comments by the commander of the Virginia State Police Criminal
Intelligence Division and the administrative head of the center, the
federal government pressured Virginia into passing the law…. [T]here is a
real danger fusion centers will become a ‘one-way mirror’ in which
citizens are subject to ever-greater scrutiny by the authorities, even
while the authorities are increasingly protected from scrutiny by the public.”

Fourth, much of the information used by fusion centers comes from private databases such as Accurate, Choice Point, Lexis-Nexus, Locate
Plus, insurance claims, and credit reports. Moreover, the centers access
millions of government files like the Federal Trade Commission ID theft
reports and DMV records. Why is this important? The federal government
has adopted various laws to prevent the maintenance of databases on
average Americans, but if fusion centers access the other existing
files, they would bypass those laws.

A massive database on peaceful citizens, a tip hotline that encourages turning in of neighbors, the casting of suspicion on daily
activities, enlisting private workers as national surveillance agents —
this is a police state in the making. And if its creation is invisible
to most people, well, that is another characteristic of a police state.
You are not a believer until it knocks on your door … in the middle of
the night.

http://www.thefreemanonline.org/headline/an-american-stasi-2/




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Comment by Nikki on July 29, 2010 at 2:22pm
Comment by Marklar on July 29, 2010 at 6:41am
This article fails when it starts off by asking "An American Stasi?", and then fails to mention that Marcus Wolfe, former head of the East German Stasi, was given the #3 position in Homeland security under Michael Chertoff where he joined the likes of Yevgeny Primakov (former head of the KGB) during the Bush administration.

Marcus Wolfe is no longer at DSHS to protect our "freedom" any more but I'm not certain about Primakov.

So, Stasi, KGB? Take your pick. Or maybe we've got something gearing up to be much much worse.

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