Post-9/11 Dragnet Turns Up Surprises
Biometrics Link Foreign Detainees To Arrests in U.S.

By Ellen Nakashima
Washington Post Staff Writer

Sunday, July 6, 2008; A01

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/05/AR2008070501831_pf.html


In the six-and-a-half years that the U.S. government has been 
fingerprinting insurgents, detainees and ordinary people in Afghanistan, 
Iraq and the Horn of Africa, hundreds have turned out to share an 
unexpected background, FBI and military officials said. They have criminal 
arrest records in the United States.

There was the suspected militant fleeing Somalia who had been arrested on a 
drug charge in New Jersey. And the man stopped at a checkpoint in Tikrit 
who claimed to be a dirt farmer but had 11 felony charges in the United 
States, including assault with a deadly weapon.

The records suggest that potential enemies abroad know a great deal about 
the United States because many of them have lived here, officials said. The 
matches also reflect the power of sharing data across agencies and even 
countries, data that links an identity to a distinguishing human 
characteristic such as a fingerprint.

"I found the number stunning," said Frances Fragos Townsend, a security 
consultant and former assistant to the president for homeland security. "It 
suggested to me that this was going to give us far greater insight into the 
relationships between individuals fighting against U.S. forces in the 
theater and potential U.S. cells or support networks here in the United 
States."

The fingerprinting of detainees overseas began as ad-hoc FBI and U.S. 
military efforts shortly after the Sept. 11, 2001, terrorist attacks. It 
has since grown into a government-wide push to build the world's largest 
database of known or suspected terrorist fingerprints. The effort is being 
boosted by a presidential directive signed June 5, which gave the U.S. 
attorney general and other cabinet officials 90 days to come up with a plan 
to expand the use of biometrics by, among other things, recommending 
categories of people to be screened beyond "known or suspected" terrorists.

Fingerprints are being beamed in via satellite from places as far-flung as 
the jungles of Zamboanga in the southern Philippines; Bogota, Colombia; 
Iraq; and Afghanistan. Other allies, such as Sweden, have contributed 
prints. The database can be queried by U.S. government agencies and by 
other countries through Interpol, the international police agency.

Civil libertarians have raised concerns about whether people on the watch 
lists have been appropriately determined to be terrorists, a process that 
senior government officials acknowledge is an art, not a science.

Large-scale identity systems "can raise serious privacy concerns, if not 
singly, then jointly and severally," said a 2007 study by the Defense 
Science Board Task Force on Defense Biometrics. The ability "to cross 
reference and draw new, previously unimagined, inferences," is a boon for 
the government and the bane of privacy advocates, it said.


An FBI Mission

The effort, officials say, is bearing fruit.

"The bottom line is we're locking people up," said Thomas E. Bush III, FBI 
assistant director of the Criminal Justice Information Services division. 
"Stopping people coming into this country. Identifying IED-makers in a way 
never done before. That's the beauty of this whole data-sharing effort. 
We're pushing our borders back."

In December 2001, an FBI team was sent on an unusual mission to 
Afghanistan. The U.S. military had launched a wave of airstrikes aimed at 
killing or capturing al Qaeda fighters and their Taliban hosts. The FBI 
team was to fingerprint and interview foreign fighters as if they were 
being booked at a police station.

The team, led by Paul Shannon, a veteran FBI agent embedded with U.S. 
special forces, traveled to the combat zone toting briefcases outfitted 
with printer's ink, hand rollers and paper cards. The agents worked in 
Kandahar and Kabul. They traversed the Afghanistan-Pakistan border. They 
hand-carried the fingerprint records from Afghanistan to Clarksburg, W.Va., 
home to the FBI's criminal biometric database.

As they analyzed the results, they were surprised to learn that one out of 
every 100 detainees was already in the FBI's database for arrests. Many 
arrests were for drunken driving, passing bad checks and traffic 
violations, FBI officials said.

"Frankly I was surprised that we were getting those kind of hits at all," 
recalled Townsend, who left government in January. They identified "a 
potential vulnerability" to national security the government had not fully 
appreciated, she said.

The people being fingerprinted had come from the Middle East, North Africa 
and Pakistan. They were mostly in their 20s, Shannon recalled. "One of the 
things we learned is we were dealing with relatively young guys who were 
very committed and what they would openly tell you is that when they got 
out they were going back to jihad," he said. "They'd already made this 
commitment."

One of the first men fingerprinted by the FBI team was a fighter who 
claimed he was in Afghanistan to learn the ancient art of falconry. But a 
fingerprint check showed that in August 2001 he had been turned away from 
Orlando International Airport by an immigration official who thought he 
might overstay his visa. Mohamed al Kahtani would later be named by the 
Sept. 11 Commission as someone who allegedly had sought to participate in 
hijackings. He currently is in custody at Guantanamo Bay.

Similarly, in 2004, an FBI team choppered to a remote desert camp on the 
Iraq-Iran border, home to the Mujahedin-e-Khalq (MEK), whose aim is to 
overthrow the Iranian government. The MEK lead an austere lifestyle in 
which men are segregated from women and material goods are renounced. The 
U.S. State Department considers the organization to be a terrorist group.

The FBI team fingerprinted 3,800 fighters. More than 40, Shannon said, had 
previous criminal records in the agency's database.

While the FBI was busy collecting fingerprints, the military was setting up 
its own biometrics database, adding in iris and facial data as well. By 
October, the two organizations agreed to collaborate, running queries 
through both systems. The very first match was on the man who claimed to be 
a poor dirt farmer. Among his many charges were misdemeanors for theft and 
public drunkenness in Chicago and Utah, a criminal record that ran from 
1993 to 2001, said Herb Richardson, who serves as operations manager for 
the military's Automated Biometric Identification System under a contract 
with Ideal Innovations of Arlington.

Many of those with U.S. arrest records had come to the United States to 
study, said former Criminal Justice Information Services head Michael 
Kirkpatrick, who led the FBI effort to use biometrics in counterterrorism 
after Sept. 11. "It suggests there was some familiarity with Western 
culture, the United States specifically, and for whatever reason they did 
not agree with that culture," he said. "Either they became disaffected or 
put up with it, and then they went overseas."

Errors in matching, though rare, have occurred. In a noted 2004 case, 
Oregon lawyer Brandon Mayfield was erroneously named as a suspect in the 
Madrid train bombings that killed 191 people. FBI lab analysts matched a 
print lifted from a plastic bag at the crime scene to his fingerprints that 
were stored in the FBI's criminal database because of a 1985 arrest for 
auto burglary when he was a teenager. The charge had been dismissed. After 
a critical Justice Department Inspector General audit, the FBI made fixes 
in its system. A recent inspector general report found the FBI fingerprint 
matching to be generally accurate.


Worries About Watch List

Civil libertarians, however, worry that the systems are not transparent 
enough for outsiders to tell how the government decides who belongs on a 
watch list and how that information is handled.

"The day when the federal government can tell people the basis they've been 
put on the watch list is the day we can have more confidence in biometric 
identification," said Marc Rotenberg, executive director of the Electronic 
Privacy Information Center.

Vetting the data is the job of analysts at the National Counterterrorism 
Center, an office park-like complex in McLean run by the Office of the 
Director of National Intelligence. Analysts there scour intelligence 
reports to create the master international terrorist watch list.

"You cannot draw a bright red line and say that's a terrorist, this person 
isn't," said Russ Travers, an NCTC deputy director. "If somebody swears 
allegiance to Bin Laden, that's an easy case. If somebody goes to a 
terrorist training camp, that's probably an easy case. What if a person 
goes to a camp and decides, 'I don't want to go to a camp, I want to go 
home.' Where do you draw the line?"

Investigators are working on ever more sophisticated ways to evaluate the 
data. Analysts at the Army's National Ground Intelligence Center in 
Charlottesville, for instance, use software to scrutinize intelligence 
reports from sources such as electronic surveillance and informants. They 
then link the information to a person's biographic and biometric data, and 
look for relationships that might detect terrorists and plots.

For example, a roadside bomb may explode and a patrol may fingerprint 
bystanders because insurgents have been known to remain at the scene to 
observe the results of their work. Prints also can be lifted off tiny 
fragments of exploded bombs, said military officials and contractors 
involved in the work.

Analysts are not just trying to identify the prints on the bomb. They want 
to find out who the bomb-carrier associates with. Who he calls. Who calls 
him. That could lead to the higher-level operatives who planned and 
financed attacks.

Already, fingerprints lifted off a bomb fragment have been linked to people 
trying to enter the United States, they said.

In a separate data-sharing program, 365 Iraqis who have applied to the 
Department of Homeland Security for refugee status have been denied because 
their fingerprints turned up in the Defense Department's database of known 
or suspected terrorists, Richardson said.

If Iraq and Afghanistan were a proving ground of sorts for biometric 
watch-listing, the U.S. government is moving quickly to try to build a 
domestic version. Since September 2006, Homeland Security and the FBI have 
been operating a pilot program in which police officers in Boston, Dallas 
and Houston run prints of arrestees against a Homeland Security database of 
immigration law violators and a State Department database of people refused 
visas. Federal job applicants' prints also are run against the databases. 
To date, some 500 people have been found in the database and thus are of 
interest to Homeland Security officials.

Steve Nixon, a director at the Office of the Director of National 
Intelligence, said the effort is key to national security.

"When we look at the road and the challenges, globalization and the spread 
of technology has empowered small groups of individuals, bad guys, to be 
more powerful than at any other time in history," he said. "We have to know 
who these people are when we encounter them. A lot of what we're doing in 
intelligence now is trying to identify a person. Biometrics is a key 
element of that."


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu

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