<http://www.fcw.com/online/news/153316-1.html?type=pf>
http://www.fcw.com/online/news/153316-1.html?type=pf 
 

ACLU: fusion centers need more oversight

By Ben
<http://www.fcw.com/cgi-bin/udt/fdc.collector?client_id=fcw&form_id=mailedit
form&link_id=8&title=ACLU%3A%20fusion%20centers%20need%20more%20oversight&au
thor=Ben%20Bain&address=http%3A//www.fcw.com/online/news/153316%2D1.html&sum
mary=Congress%20needs%20to%20increase%20oversight%20and%20develop%20standard
s%20for%20how%20information%20is%20shared%20though%20%20state%20and%20local%
20intelligence%20fusion%20centers%2C%20the%20civil%20liberties%20group%20say
s.> Bain 
Published on July 29, 2008

The extent of data available to authorities through the nationwide network
of intelligence fusion centers raises legal and privacy questions that
require increased congressional oversight, according to a report released
today by the American Civil Liberties Union.  Authorities in those centers
have access to numerous intelligence databases. 

The civil liberties group said the activities of state and local fusion
centers, which the Bush administration identified as the primary way for
sharing terrorism related information between state, local and federal
authorities, represent part of "a nascent domestic surveillance system."
State and local authorities started forming the centers after the terrorists
attacks of September 2001 to upgrade information sharing. The centers are
partially funded through grants from the Homeland Security Department.

The ACLU said the use of the centers as a way to pass on suspicious activity
reports (SARs) gathered by local authorities and federal efforts to
standardize SAR reporting amount to deputizing local and state law
enforcement authorities.

Federal authorities have been working to set SAR standards as well as
further functional guidance for the centers, which officials say will
improve information sharing and protect privacy rights.

However, in a conference call ACLU officials called for Congress to play a
greater role in regulating the centers. 

National authorities have become increasingly involved - particularly DHS
and the FBI, who have officials assigned to many of the centers. There are
more than 50 centers in states and major urban areas around the country.

"Rather than letting these fusion centers continue to grow in an organic or
ad-hoc way - in a way that can lead to flagrant abuses and violations of
rights - Congress really needs to have a debate and discussion and to impose
controls," said Caroline Fredrickson, director of the ACLU Washington
Legislative Office. 

However, John Cohen, a senior advisor to the Office of the Director of
National Intelligence's Program Manager for the Information Sharing
Environment (PM-ISE), said authorities in his office and in the Justice
Department are in the process of putting out increased guidance and controls
to address many of the issues brought up in the ACLU report. The examples
used in the report predated these efforts, he said.

"We are building into this process multiple levels of vetting.this comes
from training and the development of a standardized approach that is clearly
defined to all participants in the system," Cohen said. 

The ACLU said that because activities that could be described as suspicious
are "non-criminal" and are often protected by the First Amendment, policing
those activities opens the door to "racial profiling and other inappropriate
police behavior."

"It has becoming increasingly clear that fusion centers are part of a new
domestic intelligence apparatus," Fredrickson said. 

However, Cohen said his office is developing SAR standards specifically so
local police have instructions and guidance that are more clear.

"The SAR process is not a mechanism to create a centralized repository that
includes innocent people involved in innocent activities, it's not a system
that links into the intelligence community, it's not a system to promote
ethnic or racial profiling," he said. "In fact it's being designed
specifically to counter those things."

Cohen said the SAR-sharing environment, once completed, will also have
regulations for how information can be shared and how long it can be held
rather than the ad-hoc environment that currently exists.

However, Fredrickson said a recent revelation that the Maryland State Police
conducted surveillance of non-violent activists shows "the mission creep
particularly demonstrated by f usion centers of the focus from terrorists to
peace activists." 

The ACLU said it does not know if intelligence gathered by that operation
was used by the Maryland state fusion center. However, the ACLU said the
data was uploaded into a federal drug task force database that is available
to fusion center authorities. 

The director of the Maryland fusion center could not be immediately reached
for comment.

The ACLU said that it also decided to release today's report, an addendum to
a previous study the group released last November, because there has been
increasing efforts by authorities to exempt fusion centers from open
government laws.
 
 


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