"...about 12,500 Talon reports would have been filed during the
approximately 2½ years the program has existed," The Washington Post
concluded Tuesday."
""Contrary to popular belief, there is no absolute ban on [military]
intelligence components collecting U.S. person information," the
U.S.Army's top intelligence officer said in a 2001 memo that surfaced
Tuesday.
Not only that, military intelligence agencies are permitted to
"receive" domestic intelligence information, even though they cannot
legally "collect" it," according to the Nov. 5, 2001, memo issued by
Lt. Gen. Robert W. Noonan Jr., the deputy chief of staff for
intelligence."

Since the TALON reports primarily targeted groups, if an average of
eight persons per group is assumed, that means TALON collected data on
about 100,000 Americans and a smattering of Canadians in the U.S.  Al
Qaeda, by its own records seized by the Army in Afghanistan, only
trained at most 20,000 from all over the world with even basic
military skills training with a much lower number receiving advanced
terrorist training.  Lots of overflow here, including even Canadian
school children; and we haven't even gotten to the wholesale NSA data
mining yet.  
Folks went to jail and lots of careers were ruined in MI for the Army
spying against Americans during the Vietnam War, so I have to assume
that general may be engaged in bush league thinking.

David Bier


http://cqpolitics.com/cq.com/www.cq.com/public/20060131_homeland.html

CQ HOMELAND SECURITY – INTELLIGENCE

Jan. 31, 2006 – 9:21 p.m.

Official: Army Has Authority to Spy on Americans

By Jeff Stein, CQ Staff

"Contrary to popular belief, there is no absolute ban on [military]
intelligence components collecting U.S. person information," the
U.S.Army's top intelligence officer said in a 2001 memo that surfaced
Tuesday.

Not only that, military intelligence agencies are permitted to
"receive" domestic intelligence information, even though they cannot
legally "collect" it," according to the Nov. 5, 2001, memo issued by
Lt. Gen. Robert W. Noonan Jr., the deputy chief of staff for intelligence.

"MI [military intelligence] may receive information from anyone,
anytime," Noonan wrote in the memo, obtained by Secrecy News, a
newsletter from the non-profit Federation of American Scientists in
Washington.

Defense Department and Army regulations "allow collection about U.S.
persons reasonably believed to be engaged, or about to engage, in
international terrorist activities," Noonan continued.

"Remember, merely receiving information does not constitute
`collection' under AR [Army Regulation] 381-10; collection entails
receiving `for use,' " he added. (Army Regulation 381-10, "U.S. Army
Intelligence Activities," was reissued on Nov. 22, 2005, but had not
previously been disclosed publicly.) "Army intelligence may always
receive information, if only to determine its intelligence value and
whether it can be collected, retained, or disseminated in accordance
with governing policy,"

The distinction between "receiving" and "collecting" seems "to offer
considerable leeway for domestic surveillance activities under the
existing legal framework," wrote editor Steven Aftergood in Tuesday's
edition of Secrecy News.

"This in turn makes it harder to understand why the NSA domestic
surveillance program departed from previous practice."

Aftergood was alerted to the existence of the memo by another security
expert, John Pike of GlobalSecurity.org, who thought that "there is
enough ambiguity in the language that with a bit of creativity in
managing the U.S. persons files there would have been not too much
trouble" applying existing rules to the warrantless eavesdropping by
the National Security Agency.
TALON Reports

The Pentagon's Counterintelligence Field Activity (CIFA) was launched
in 2002 with the mission of "gathering information and conducting
activities to protect DoD and the nation against espionage, other
intelligence activities, sabotage, assassinations, and terrorist
activities," according to a CIFA brochure. Its TALON program has
amassed files on antiwar protesters, according to a Pentagon official.

"More than 5,000 TALON reports" were "received and shared throughout
the government" in the program's first year of operation," Carol A.
Haave, deputy undersecretary of Defense for counterintelligence and
security, told the House Permanent Select Committee on Intelligence in
May 2004.

"At that rate, about 12,500 Talon reports would have been filed during
the approximately 2½ years the program has existed," The Washington
Post concluded Tuesday.

• Office of the Deputy Chief of Staff for Intelligence: "Collecting
Information on U.S. Persons" (pdf)
http://homeland.cq.com/hs/flatfiles/temporaryItems/20060131_armyspy1.pdf

• Edition of AR 381-10 dated July 1, 1984 (in effect until Dec. 22,
2005) (pdf)
http://homeland.cq.com/hs/flatfiles/temporaryItems/20060131_armyspy2.pdf


Jeff Stein can be reached at [EMAIL PROTECTED]






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