{UAH} Sheriff David Clarke plagiarized portions of his master's thesis on homeland security
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By Andrew Kaczynski, Christopher Massie and Nathan McDermott, CNN
Updated 7:45 PM ET, Sat May 20, 2017
(CNN)Controversial Milwaukee County Sheriff David Clarke, who this week announced he will be joining Donald Trump's administration as assistant secretary in the Department of Homeland Security, plagiarized sections of his 2013 master's thesis on US security, a CNN KFile review has found.
Clarke, a visible surrogate for Trump during the campaign known for his incendiary rhetoric, earned a master's degree in security studies at the Naval Postgraduate School in Monterey, California. In his thesis, "Making U.S. security and privacy rights compatible," Clarke failed to properly attribute his sources at least 47 times.
In all instances reviewed by CNN's KFile, Clarke lifts language from sources and credits them with a footnote, but does not indicate with quotation marks that he is taking the words verbatim.
According to guidelines on plagiarism posted on the Naval Postgraduate School's website, "If a passage is quoted verbatim, it must be set off with quotation marks (or, if it is a longer passage, presented as indented text), and followed by a properly formulated citation. The length of the phrase does not matter. If someone else's words are sufficiently significant to be worth quoting, then accurate quotation followed by a correct citation is essential, even if only a few words are involved."
The school's honor code defines plagiarism as "submitting material that in part or whole is not one's own work without proper attribution. Plagiarism is further defined as the use, without giving reasonable and appropriate credit to or acknowledging the author or source, of another person's original work, whether such work is made up of code, formulas, ideas, language, research, strategies, writing or other form(s)."
Sources Clarke plagiarized include a 2002 ACLU report about "The Government's Demand for New and Unnecessary Powers After September 11," a 2003 ACLU report critical of the FBI's records-collection practices, a 2007 ACLU report on "fusion centers," and a 2011 ACLU report on the need to overhaul secrecy laws.
Other sources Clarke lifted words from include: the 9/11 Commission Report, a 2011 article in the Homeland Security Affairs journal, the Pew Research Center, a 2012 report by the Constitution Project, a 2003 report by the US General Accounting Office, a 2011 Brennan Center report, a 2013 Washington Post article about the Foreign Intelligence Surveillance Court, Comparative Homeland Security: Global Lessons, a textbook by Nadav Morag, and Safe Cities Project, a research paper published by the Manhattan Institute.
Clarke also lifted language from former President George W. Bush's book, "Decision Points."
Clarke announced on Thursday that he had received the appointment to the DHS "office of partnership and programs" where he will serve as a liaison with law enforcement at several levels across the country. A spokesperson for DHS later said Thursday that no announcement had been made regarding Clarke's appointment.
Clarke is known for his eyebrow-raising comments, including calling Black Lives Matter a hate group and calling the organization "Black Lies Matter." Clarke has also faced criticism for his management of a Milwaukee County Jail, where local prosecutors say an inmate died of dehydration after going a week without water.
After CNN's KFile attempted to contact Clarke for comment on this story, he took to Twitter, writing, "This @CNN hack @KFILE oppo research MO is to accuse plagiarism. I'm next. Did it to Rand Paul, Monica Crowley et al."
In a statement, a spokesperson for the Naval Postgraduate School said standard procedure would be to launch an investigation into a thesis when allegations of plagiarism are made.
"Like all academic institutions, the Naval Postgraduate School takes the integrity of our students' work very seriously, perhaps even more than our peers given the unique nature of our mission and student body," Lt. Cdr. Clint Phillips said. "Standard procedure to any formal accusation of plagiarism is to pull the student's thesis, and perform an investigation into the validity of the claims."
"The university's academic conduct code, and our procedures in checking for plagiarism at the time of thesis submission, and following graduation, can change from year to year. In this particular case, we would be unable to determine any violation until the full investigation is complete."
Clarke, 3
In the 1990s,
Senator Daniel Patrick Moynihancalled
for the outright abolition of theCIA on the
grounds that it had demonstrated it
uselessness for
failing to forecast the fall of the Soviet Union.
Senator Daniel Patrick Moynihancalled
for the outright abolition of theCIA on the
grounds that it had demonstrated it
uselessness for
failing to forecast the fall of the Soviet Union.
Warner was also concerned about thepublic
calls of
Senator Daniel Patrick Moynihan(D-NY)
for the outright abolition of theAgency, on
grounds that it had demonstrated its
uselessness by
failing to forecast the fall of the Soviet Union
in 1991.
calls of
Senator Daniel Patrick Moynihan(D-NY)
for the outright abolition of theAgency, on
grounds that it had demonstrated its
uselessness by
failing to forecast the fall of the Soviet Union
in 1991.
Clarke, 3
Civil liberty advocates believe that domestic
intelligence agencies working in so much secrecy
are untrustworthy,and that it is an
abandonment of a
core American principle that a government
working
for the people and by the people must be
transparent to the people.
intelligence agencies working in so much secrecy
are untrustworthy,and that it is an
abandonment of a
core American principle that a government
working
for the people and by the people must be
transparent to the people.
An unprecedented and alarming new penchant for
government secrecyand
abandonment of the
core American principle that a government
for the people and by the people must be
transparent to the people.
government secrecyand
abandonment of the
core American principle that a government
for the people and by the people must be
transparent to the people.
Clarke, 3,4
Withholding information allows the executive
branch which enforces the law,
to insulate itself from public criticism,
congressional and judicial oversight, which
increases the likelihood of improper, unwise
and illegal activity.
branch which enforces the law,
to insulate itself from public criticism,
congressional and judicial oversight, which
increases the likelihood of improper, unwise
and illegal activity.
Withholding information allows the executive
branch
to insulate itself from public criticism and, in
some cases,
congressional and judicial oversight, which in
turn
increases the likelihood of unwise, illegal,
and improper activity.
branch
to insulate itself from public criticism and, in
some cases,
congressional and judicial oversight, which in
turn
increases the likelihood of unwise, illegal,
and improper activity.
Clarke, 8
Informationshortcomings referred to as stove piping--where
information within an agency
travels up and down in an organization with
little sharing horizontally between
organizations--prevented the reporting out of
counter terror information.
One major challenge that the Army still faces is
the stove piping of
information. With stove-piping,
information
travels up and down in an organization, with
little sharing horizontally between
organizations.
the stove piping of
information. With stove-piping,
information
travels up and down in an organization, with
little sharing horizontally between
organizations.
Clarke, 8
It is hard to break down stovepipes when there are so many stoves that are legally and politically entitled to have cast iron pipes of their own.
It is hard to ―'break down stovepipes' when there are so many stoves that are legally and politically entitled to have cast-iron pipes of their own.
Clarke, 8
An entire new federal agency, theDepartment of
Homeland Security (DHS) was created to be the
lead agency
for problems thatfeatured
so prominently in the 9/11 attacks,such as
border protection,
securing transportation,immigration, Customs
Service,
critical infrastructure and
organizing
assistance tocritical incidents.
Homeland Security (DHS) was created to be the
lead agency
for problems thatfeatured
so prominently in the 9/11 attacks,such as
border protection,
securing transportation,immigration, Customs
Service,
critical infrastructure and
organizing
assistance tocritical incidents.
This departmentnow has the lead
responsibility
for problems thatfeature
so prominently in the 9/11 story,such as
protecting borders,
securing transportation and other parts of our
critical infrastructure,
organizingemergency
assistance, and working with the private sector
to assess vulnerabilities.
responsibility
for problems thatfeature
so prominently in the 9/11 story,such as
protecting borders,
securing transportation and other parts of our
critical infrastructure,
organizingemergency
assistance, and working with the private sector
to assess vulnerabilities.
Clarke, 9
Prior to 9/11, no executive department had as
its first priority, the job of defending America
from domestic attack.
its first priority, the job of defending America
from domestic attack.
Before 9/11, no executive department had, as its
first priority, the job of defending America from
domestic attack.
first priority, the job of defending America from
domestic attack.
Clarke, 10
Metadata is the envelope of a phone call or
Internet communication. For a phone call it
could include the duration of a
call, the phonenumbers involved,
and when it happened. For an email it would
include the sender and recipient, time, but not
the subject or content, and
in both cases it could include location
information.
Internet communication. For a phone call it
could include the duration of a
call, the phonenumbers involved,
and when it happened. For an email it would
include the sender and recipient, time, but not
the subject or content, and
in both cases it could include location
information.
Metadata is the 'envelope' of a phone call or
internet communication. For a phone call this
could include the duration of a phone
call, the phonenumber
and when it happened. For an email it would
include the sender and recipient, time, but not
the subject or content.
In both cases it could include location
information.
internet communication. For a phone call this
could include the duration of a phone
call, the phonenumber
and when it happened. For an email it would
include the sender and recipient, time, but not
the subject or content.
In both cases it could include location
information.
Clarke, 14
The Commission knew that abuses of civil
liberties could create a backlash that would
impair the collection of needed information.
liberties could create a backlash that would
impair the collection of needed information.
Abuses of civil liberties could create a backlash
that would impair the collection of needed
intelligence.
that would impair the collection of needed
intelligence.
Clarke, 14
Former DHS Secretary Michael Chertoff admits that
by its very nature, domestic and homeland
security intelligence work
is intrusive.
by its very nature, domestic and homeland
security intelligence work
is intrusive.
By its very nature, domestic and homeland
security intelligence
is intrusive and risks infringing on civil
liberties.
Clarke, 15
A problem ingetting coherent thinking on the
risk of terrorism is that
politicians find extreme and alarmist
possibilities so much more appealing than
discussions of broader context, much less of
statistical reality.
Hysteria and alarmism rarely make much sense but
politicians and the media are
drawn to them.
risk of terrorism is that
politicians find extreme and alarmist
possibilities so much more appealing than
discussions of broader context, much less of
statistical reality.
Hysteria and alarmism rarely make much sense but
politicians and the media are
drawn to them.
A problem withgetting coherent thinking on the
risk of terrorism is that reporters and
politicians find extreme and alarmist
possibilities so much more appealing than
discussions of broader context, much less of
statistical reality. That is, although
hysteria and alarmism rarely make much sense,
politicians and the media are often naturally
drawn to them.
risk of terrorism is that reporters and
politicians find extreme and alarmist
possibilities so much more appealing than
discussions of broader context, much less of
statistical reality. That is, although
hysteria and alarmism rarely make much sense,
politicians and the media are often naturally
drawn to them.
Clarke, 16
After 9/11, pressure grew for a larger state role
in counterterrorism.
in counterterrorism.
After 9/11, pressure grew for a larger state role
in counterterrorism.
in counterterrorism.
Clarke, 16,17
They contended that the creation of new
institutions likestate and local
fusion centers must be planned in a public, open
manner withcarefully thought-out and debated
implications for privacy and other key values
important in a democracy.
institutions likestate and local
fusion centers must be planned in a public, open
manner withcarefully thought-out and debated
implications for privacy and other key values
important in a democracy.
New institutions like
fusion centers must be planned in a public, open
manner, and their
implications for privacy and other key values
carefully thought out and debated.
fusion centers must be planned in a public, open
manner, and their
implications for privacy and other key values
carefully thought out and debated.
Clarke, 17
Intelligence fusion centers grew in popularity
at the local levelas officers tried to establish a role in defending thehomeland
by developing their own intelligence
capabilities.
at the local levelas officers tried to establish a role in defending thehomeland
by developing their own intelligence
capabilities.
Intelligence fusion centers grew in popularity
among state andlocal law enforcementofficers
as they sought
to establish a role in defendinghomeland
security
by developing their own intelligence
capabilities.
among state andlocal law enforcementofficers
as they sought
to establish a role in defendinghomeland
security
by developing their own intelligence
capabilities.
Clarke, 17
In
a recent Congressional hearing however, one
DHS officialdescribed the
fusion center as the 'wild west,' where officials
are
free to use a variety of technologies before
politics catches up and limits theoptions.
a recent Congressional hearing however, one
DHS officialdescribed the
fusion center as the 'wild west,' where officials
are
free to use a variety of technologies before
politics catches up and limits theoptions.
In struggling to answer the seemingly simple
question of who is in charge of fusion centers at
a recent congressional hearing, a Department of Homeland Security official could only offer that
'fusion centers are in charge of fusion centers.'
One analyst reportedlydescribed his
fusion center as the "wild west," where officials
were
free to "use a variety of technologies before
'politics' catches up and limits options.
question of who is in charge of fusion centers at
a recent congressional hearing, a Department of Homeland Security official could only offer that
'fusion centers are in charge of fusion centers.'
One analyst reportedlydescribed his
fusion center as the "wild west," where officials
were
free to "use a variety of technologies before
'politics' catches up and limits options.
Clarke, 17
Federal authorities are happy to reap the
benefits of working with
fusion centers without officially taking
ownership.
benefits of working with
fusion centers without officially taking
ownership.
Federal authorities are happy to reap the
benefits of working with the
fusion centers without officially taking
ownership.
benefits of working with the
fusion centers without officially taking
ownership.
Clarke, 26
Another report for Congress raises questions in responding to anti-terror efforts, stemming from the conflict between individual privacy
interests and the intelligence needs of law
enforcement and national security.
interests and the intelligence needs of law
enforcement and national security.
Some of the civil liberties questions raised in response to anti- terrorism efforts stem
from the conflict between individual privacy
interests and the intelligence needs of law
enforcement and national security.
from the conflict between individual privacy
interests and the intelligence needs of law
enforcement and national security.
Clarke, 26
With the roles that technology andthe
Internet play inthe GWOT, critics fear that
the potential for abuse and harm
by government officials with anincreased
capacity
to assemble information, will result in increased
and unchecked government power.
Internet play inthe GWOT, critics fear that
the potential for abuse and harm
by government officials with anincreased
capacity
to assemble information, will result in increased
and unchecked government power.
While the benefits from the use of advanced
technologies for antiterrorism efforts are clear,
the risks to individual privacy and
the potential for abuse and harm to individual
liberty
by Government officials and employees deploying
such technologies are equally established. Civil
libertarians, privacy advocates, and others worry
that the Government'sincreasedcapability
to assemble information will result in increased
and unchecked government power.
technologies for antiterrorism efforts are clear,
the risks to individual privacy and
the potential for abuse and harm to individual
liberty
by Government officials and employees deploying
such technologies are equally established. Civil
libertarians, privacy advocates, and others worry
that the Government'sincreasedcapability
to assemble information will result in increased
and unchecked government power.
Clarke, 26,27
The author writes that the domestic intelligence
system appears to have been successful in
increasing security within the U.S.,but that
the
gains are coming at the cost of ever-increasing domestic surveillance and at the risk of civil
liberties.
system appears to have been successful in
increasing security within the U.S.,but that
the
gains are coming at the cost of ever-increasing domestic surveillance and at the risk of civil
liberties.
There is good news here: this domestic
intelligence system appears to have been
successful in increasing security within the US,
as demonstrated by numerous foiled terrorist plots
and the lack of another major successful attack on
American soil since 9/11. But there is also bad
news: these
gains are coming at the cost of increasing domestic surveillance and at the risk of civil
liberties.
intelligence system appears to have been
successful in increasing security within the US,
as demonstrated by numerous foiled terrorist plots
and the lack of another major successful attack on
American soil since 9/11. But there is also bad
news: these
gains are coming at the cost of increasing domestic surveillance and at the risk of civil
liberties.
Clarke, 28
The ACLU and EPIC have argued that the use of
surveillance systems to monitor public spaces may,
nevertheless, infringe upon freedom of expression
under the First Amendment,believing that it
might "chill" protestors from demonstrating in
public spaces.
While there is generally no reasonable
expectation of privacy under the Fourth Amendment
for activities visible to the public,
the ACLU and EPIC have argued that the use of
surveillance systems to monitor public spaces may
nevertheless infringe upon freedom of expression
under the First Amendment.
expectation of privacy under the Fourth Amendment
for activities visible to the public,
the ACLU and EPIC have argued that the use of
surveillance systems to monitor public spaces may
nevertheless infringe upon freedom of expression
under the First Amendment.
Clarke, 28,29
In a review of literature on fusion center
recommendations, a group of policy experts and
legal practitioners write that although
fusion centers have the potential to
strengthen the nation's
counterterrorism efforts,
without effective limits on data collection,
storage, and use,these
centers can pose serious risks to civil
liberties, including rights to
free speech, free assembly, freedom of religion,
and the right to be free of
unnecessary government intrusion.
recommendations, a group of policy experts and
legal practitioners write that although
fusion centers have the potential to
strengthen the nation's
counterterrorism efforts,
without effective limits on data collection,
storage, and use,these
centers can pose serious risks to civil
liberties, including rights to
free speech, free assembly, freedom of religion,
and the right to be free of
unnecessary government intrusion.
Fusion centers have the potential to
dramatically
strengthen the nation's law enforcement and
counterterrorism efforts. However,
without effective limits on data collection,
storage and use,fusion
centers can pose serious risks to civil
liberties, including rights of
free speech, free assembly, freedom of religion,
racial and religious equality, privacy
and the right to be free from
unnecessary government intrusion.
Clarke, 29
The recommendation report points out that any
time
law enforcement agencies collect information on
people in the United States it
could result in the creation of vast databases
compiled on individuals without reasonable
suspicion that they
are linked to any
terrorism or
criminal activity.A lack of proper training,
reporting, and oversight came up in this report as
well.
time
law enforcement agencies collect information on
people in the United States it
could result in the creation of vast databases
compiled on individuals without reasonable
suspicion that they
are linked to any
terrorism or
criminal activity.A lack of proper training,
reporting, and oversight came up in this report as
well.
Concerns about constitutional rights to privacy,
equal protection and freedom of expression are
always present when
law enforcement agencies collect information on
people in the United States. ... In addition, new
systems of collecting and disseminating reports of
suspicious activity observed by local law
enforcement officials
could result in the creation of vast databases
of information
compiled on individuals without reasonable
suspicion thatthese individuals
are linked to
terrorism or any other
criminal activity.
equal protection and freedom of expression are
always present when
law enforcement agencies collect information on
people in the United States. ... In addition, new
systems of collecting and disseminating reports of
suspicious activity observed by local law
enforcement officials
could result in the creation of vast databases
of information
compiled on individuals without reasonable
suspicion thatthese individuals
are linked to
terrorism or any other
criminal activity.
Clarke, 29
One of the most pressing concernsinvolving
fusion centers is a lack of
accountability due to
the secrecy that surrounds thesecenters,
which
makes public oversight
more difficult.
fusion centers is a lack of
accountability due to
the secrecy that surrounds thesecenters,
which
makes public oversight
more difficult.
One of the most pressing concernsregarding
fusion centers is
accountability...Finally,
the secrecy that surrounds fusioncenters
makes public oversight of their activities
more difficult.
fusion centers is
accountability...Finally,
the secrecy that surrounds fusioncenters
makes public oversight of their activities
more difficult.
Clarke, 40
The law modernizedcounterterrorism
capabilities by giving
access to tools like roving wiretaps that
allowedinvestigators
to track suspects who changed cell phone numbers,
and
it authorized aggressive financial measures to
freeze terrorist assets.Additionally, it
allowed
government to seek warrants to examine the
business records of suspected terrorists, such as
credit cardinformation,
apartment leases and library records.
capabilities by giving
access to tools like roving wiretaps that
allowedinvestigators
to track suspects who changed cell phone numbers,
and
it authorized aggressive financial measures to
freeze terrorist assets.Additionally, it
allowed
government to seek warrants to examine the
business records of suspected terrorists, such as
credit cardinformation,
apartment leases and library records.
It modernized ourcounterterrorism
capabilities by givinginvestigators
access to tools like roving wiretaps, which
allowed them
to track suspects who changed cell phone numbers—
an authority that had long been used to catch
drug traffickersand mob bosses.
It authorized aggressive financial measures to
freeze terrorist assets. And itincluded
judicial and congressional oversight to protect
civil liberties. One provision created a little
discomfort at home. The PATRIOT Actallowed the
government to seek warrants to examine the
business records of suspected terrorists, such as
credit cardreceipts,
apartment leases, and library records.
capabilities by givinginvestigators
access to tools like roving wiretaps, which
allowed them
to track suspects who changed cell phone numbers—
an authority that had long been used to catch
drug traffickersand mob bosses.
It authorized aggressive financial measures to
freeze terrorist assets. And itincluded
judicial and congressional oversight to protect
civil liberties. One provision created a little
discomfort at home. The PATRIOT Actallowed the
government to seek warrants to examine the
business records of suspected terrorists, such as
credit cardreceipts,
apartment leases, and library records.
Clarke, 40,41
The Act amends 15 separate criminal statutes,
creates
multiple new federal
crimes and greatly expands the authority of the
government to conduct surveillance and searches.
It
contains extensive revisions
that expand lawenforcement's
investigative powers to obtain and analyze
personal information andallows for greater
authority for tracking and intercepting
communications for both foreign and domestic law
enforcement collection. The NSA, whose mission had
traditionally been devoted to
foreign intelligence gathering, is increasing
their focus ondomesticcommunications.
creates
multiple new federal
crimes and greatly expands the authority of the
government to conduct surveillance and searches.
It
contains extensive revisions
that expand lawenforcement's
investigative powers to obtain and analyze
personal information andallows for greater
authority for tracking and intercepting
communications for both foreign and domestic law
enforcement collection. The NSA, whose mission had
traditionally been devoted to
foreign intelligence gathering, is increasing
their focus ondomesticcommunications.
It amends 15 separate criminal statutes,
creating
multiple new federal terrorism
crimes, and greatly expands the authority of the
government to conduct surveillance and searches.
// The Patriot Act
contains extensive revisions to FISA
that expand lawenforcement agency's
investigative powers to obtain and analyze
personal information. It more easily allows
investigators tomaneuver between
foreign intelligence gathering anddomestic
criminal information collection.
creating
multiple new federal terrorism
crimes, and greatly expands the authority of the
government to conduct surveillance and searches.
// The Patriot Act
contains extensive revisions to FISA
that expand lawenforcement agency's
investigative powers to obtain and analyze
personal information. It more easily allows
investigators tomaneuver between
foreign intelligence gathering anddomestic
criminal information collection.
Clarke, 44
White House Spokesman Josh Earnest indicates
that this
kind of surveillance has been critical
in protecting the nation from terror threats as
it allows counterterrorismofficials
to discover whether known or suspectedterror
suspects
have been in contact withpersons in theUnited States
who may be involvedin terror
activities.
that this
kind of surveillance has been critical
in protecting the nation from terror threats as
it allows counterterrorismofficials
to discover whether known or suspectedterror
suspects
have been in contact withpersons in theUnited States
who may be involvedin terror
activities.
Josh Earnest , aWhite House spokesman, told
reporters aboard Air Force One thatthe
kind of surveillance at issue "has been a
critical tool
in protecting the nation from terror threats as
it allows counterterrorismpersonnel
to discover whether known or suspected
terrorists
have been in contact with otherpersons
who may be engagedin terrorist
activities,particularly people located inside
the United States."
reporters aboard Air Force One thatthe
kind of surveillance at issue "has been a
critical tool
in protecting the nation from terror threats as
it allows counterterrorismpersonnel
to discover whether known or suspected
terrorists
have been in contact with otherpersons
who may be engagedin terrorist
activities,particularly people located inside
the United States."
Clarke, 45
The central dilemma faced by liberal democracies
in attempting to effectively combat terrorism
has to do with thereality thatconfronting a
serious terror threat requires measures that strengthen the power of
government over the individual, and that in turn
reduces
the freedoms and protections thatpeople have
traditionally enjoyed before 9/11 happened
in attempting to effectively combat terrorism
has to do with thereality thatconfronting a
serious terror threat requires measures that strengthen the power of
government over the individual, and that in turn
reduces
the freedoms and protections thatpeople have
traditionally enjoyed before 9/11 happened
Given all of the above, the central dilemma
faced by liberal democracies in attempting to
combat terrorism effectively has to do with the factthat combating aserious terrorist threat effectively
requires measures that strengthen the power of
government over the individual and that, in one
way or another, reduce
the freedoms and protections thatindividuals
enjoy.
faced by liberal democracies in attempting to
combat terrorism effectively has to do with the factthat combating aserious terrorist threat effectively
requires measures that strengthen the power of
government over the individual and that, in one
way or another, reduce
the freedoms and protections thatindividuals
enjoy.
Clarke, 54
There had
been much less attention paid to the role that
local police played
in homeland security and protecting critical
national infrastructure in the United States
prior to 9/11.
Once inside our borders, it is the police-not the
FBI or CIA-who have the best tools for detecting
and prosecutingcrimes like forged documents,
identity theft, illegal narcotic sales, and other
minor crimes along with jail and prison
radicalization.
been much less attention paid to the role that
local police played
in homeland security and protecting critical
national infrastructure in the United States
prior to 9/11.
Once inside our borders, it is the police-not the
FBI or CIA-who have the best tools for detecting
and prosecutingcrimes like forged documents,
identity theft, illegal narcotic sales, and other
minor crimes along with jail and prison
radicalization.
While enormous amounts of ink have been spilled
defining the new responsibilities and
relationships that should obtain between federal
agencies (FBI, CIA, NSA, and the Pentagon), there
has
been much less attention paid to the role that
police must play
in homeland security and protecting critical
national infrastructure.This is unfortunate,
because terrorism's equivalent to fare jumping in
the New York City subways are illegal border
crossings, forged documents, and other relatively
minor crimes that terrorists use tofund their
operations.
Once inside our borders, it is the police—not the
FBI or CIA—who have the best tools for detecting
and prosecutingthese crimes.
defining the new responsibilities and
relationships that should obtain between federal
agencies (FBI, CIA, NSA, and the Pentagon), there
has
been much less attention paid to the role that
police must play
in homeland security and protecting critical
national infrastructure.This is unfortunate,
because terrorism's equivalent to fare jumping in
the New York City subways are illegal border
crossings, forged documents, and other relatively
minor crimes that terrorists use tofund their
operations.
Once inside our borders, it is the police—not the
FBI or CIA—who have the best tools for detecting
and prosecutingthese crimes.
Clarke, 54
The
intelligenceinformation is
out there but it is
fractured among the many layers of law
enforcement that characterize America's federal
system of government. In the UK, the local police
department, Special Branch, and national
intelligence agencies are in constant contactwith
each other. What ismissing today in U.S.
domestic intelligence is anis an "all channels network" where expertise and intelligence and
information
can be disseminated quickly and effectively
throughout the law enforcement community from coast-to-coast and from chief
executives down tostreet officers.
intelligenceinformation is
out there but it is
fractured among the many layers of law
enforcement that characterize America's federal
system of government. In the UK, the local police
department, Special Branch, and national
intelligence agencies are in constant contactwith
each other. What ismissing today in U.S.
domestic intelligence is anis an "all channels network" where expertise and intelligence and
information
can be disseminated quickly and effectively
throughout the law enforcement community from coast-to-coast and from chief
executives down tostreet officers.
Furthermore, in America's federal law-enforcement
system, the police may not have access to the
kinds of day-to-day relationships that develop in
the U.K., where local police departments, Special
Branch, and national
intelligenceagencies are in constant contact.
// The practices—the know-how—are
out there, but they are
fractured among the many layers of law
enforcement that characterize America's federal
system of government. What isneeded now is an "all-channel
network" where expertise and intelligence
can be disseminated quickly and effectively
throughout the law-enforcement community, from coast to coast, and from
police chiefs toofficers at thestreet level.
To paraphrase Benjamin Franklin, we must all learn
how to hang together or we will most assuredly all
hang separately.
system, the police may not have access to the
kinds of day-to-day relationships that develop in
the U.K., where local police departments, Special
Branch, and national
intelligenceagencies are in constant contact.
// The practices—the know-how—are
out there, but they are
fractured among the many layers of law
enforcement that characterize America's federal
system of government. What isneeded now is an "all-channel
network" where expertise and intelligence
can be disseminated quickly and effectively
throughout the law-enforcement community, from coast to coast, and from
police chiefs toofficers at thestreet level.
To paraphrase Benjamin Franklin, we must all learn
how to hang together or we will most assuredly all
hang separately.
Clarke, 56
For liberal democracies, the counterterrorism
strategy chosen must, regardless ofwhich
approach is decided on, either as a law
enforcement or war
continuum, not lose sight of what is being
protected,
the very existence of a liberal democratic
state based in therule of law. The liberal democratic state must
provide for the maximum number and type of rights
and freedoms for its inhabitants.
strategy chosen must, regardless ofwhich
approach is decided on, either as a law
enforcement or war
continuum, not lose sight of what is being
protected,
the very existence of a liberal democratic
state based in therule of law. The liberal democratic state must
provide for the maximum number and type of rights
and freedoms for its inhabitants.
For a liberal democracy, the counterterrorism
strategy chosen must, regardless ofits placement
along the war-fighting/law
enforcement
continuum, not lose sight of what is being
protected: namely,
the very existence of the liberal-democratic state. // The liberal-democratic state must also endeavor to
provide for the maximum number and type of rights
and freedoms for its inhabitants,such as freedom
of speech, assembly, and religion; the right to
due process; and the right to equality before the
law.
strategy chosen must, regardless ofits placement
along the war-fighting/law
enforcement
continuum, not lose sight of what is being
protected: namely,
the very existence of the liberal-democratic state. // The liberal-democratic state must also endeavor to
provide for the maximum number and type of rights
and freedoms for its inhabitants,such as freedom
of speech, assembly, and religion; the right to
due process; and the right to equality before the
law.
Clarke, 56
There are strict limitations on what MI5 can and
cannot do when investigation individuals.
-An individual's right to privacy cannot be
overridden without very good cause.
cannot do when investigation individuals.
-An individual's right to privacy cannot be
overridden without very good cause.
There are strict limitations on what MI5 is
allowed to do when investigating an individual.
There are laws (covering MI5 and others) which
ensure that
an individual's right to privacy cannot be
overridden without very good cause.
allowed to do when investigating an individual.
There are laws (covering MI5 and others) which
ensure that
an individual's right to privacy cannot be
overridden without very good cause.
Clarke, 56
The authorizations are reviewed by independent
commissioners to ensure that they comply with the
law.
commissioners to ensure that they comply with the
law.
The authorizations are reviewed by independent
Commissioners to ensure that they comply with the
law.
Commissioners to ensure that they comply with the
law.
Clarke, 56
In order to intercept telephone communications,
interfere with property or conduct "intrusive
surveillance" a warrant must be obtained which
authorizes precisely what actions will be taken. Thesewarrants last
for up to six months.
interfere with property or conduct "intrusive
surveillance" a warrant must be obtained which
authorizes precisely what actions will be taken. Thesewarrants last
for up to six months.
In order to intercept telephone communications,
interfere with property or conduct "intrusive
surveillance" a warrant must be obtained which
authorizes precisely what actions will be taken. Suchwarrants are issued by the
Secretary of State [Home Secretary] and remain
valid until the operation is complete, or
for up to six months (whichever is the shorter).
interfere with property or conduct "intrusive
surveillance" a warrant must be obtained which
authorizes precisely what actions will be taken. Suchwarrants are issued by the
Secretary of State [Home Secretary] and remain
valid until the operation is complete, or
for up to six months (whichever is the shorter).
Clarke, 56
-In urgent cases warrants may be signed by a
senior official in
the Home Office but only after
the Secretary of State has granted
permission.
These warrants lastfrom two to five days.
-The warrant and authorization system, together
with the independent review process, is a legal
safeguard, which ensures that MI5 does not use any
intrusive techniques without
good reason.
senior official in
the Home Office but only after
the Secretary of State has granted
permission.
These warrants lastfrom two to five days.
-The warrant and authorization system, together
with the independent review process, is a legal
safeguard, which ensures that MI5 does not use any
intrusive techniques without
good reason.
In urgent cases warrants may be signed by a
senior officialwithin
the Home Office, but only where
the Secretary of State has given express
permission to the official.
These warrants lastfor between onlytwo and five days(depending on the type of action)
unless they are confirmed by the Secretary of
State. "Directed surveillance" is deemed less
intrusive (a person being watched in public is a
lesser invasion of privacy) and this kind of
action can be authorized by officers within MI5.
Nevertheless, such authorizations are still
subject to independent review by the
Commissioners.
The warrant and authorization system, together
with the independent review process, is a legal
safeguard which ensures that MI5 does not use any
intrusive techniques withoutvery
good reason.
senior officialwithin
the Home Office, but only where
the Secretary of State has given express
permission to the official.
These warrants lastfor between onlytwo and five days(depending on the type of action)
unless they are confirmed by the Secretary of
State. "Directed surveillance" is deemed less
intrusive (a person being watched in public is a
lesser invasion of privacy) and this kind of
action can be authorized by officers within MI5.
Nevertheless, such authorizations are still
subject to independent review by the
Commissioners.
The warrant and authorization system, together
with the independent review process, is a legal
safeguard which ensures that MI5 does not use any
intrusive techniques withoutvery
good reason.
Clarke, 57
Emergency regulations must be geographically
specific, cannot amend basic guarantees of human
rights and must be limited in time.
specific, cannot amend basic guarantees of human
rights and must be limited in time.
Moreover, emergency regulations must be
geographically specific, cannot amend basic
guarantees of human rights, and must be limited in
time (UK Civil Contingencies Act, Part 2,
Sections 20–23, n.d.).
geographically specific, cannot amend basic
guarantees of human rights, and must be limited in
time (UK Civil Contingencies Act, Part 2,
Sections 20–23, n.d.).
Clarke, 57
The Terrorism Actpassed in 2000,gave the UK
a
piece of non-emergency legislation
but also providedfor
stronger guarantees for
rights of suspects and greater allowance for
judicial scrutiny.Detainees
suspected of terror involvement can
appeal their status to a special immigration
appeals commissionthat at least ensures some
sort
of judicialoversight.
a
piece of non-emergency legislation
but also providedfor
stronger guarantees for
rights of suspects and greater allowance for
judicial scrutiny.Detainees
suspected of terror involvement can
appeal their status to a special immigration
appeals commissionthat at least ensures some
sort
of judicialoversight.
With the passage ofthe Terrorism Act in 2000, the UK hada permanent
piece of nonemergency legislation for dealing
with terrorism. The act incorporated some elements
from previous emergency legislation
but also provided
stronger guarantees for the
rights of suspects and greater allowance for
judicial scrutiny.Following the 9/11 attacks,
Parliament passed the Anti-Terrorism, Crime and
Security Act 2001. This law afforded the executive
the power to detain, without charge, non-UK
citizens
suspected of terroristactivities but who could
not be deported to their countries of origin for
fear that they would be mistreated—although it did
allow for detainees to
appeal their status to a special immigration
appeals commission,thus ensuring somedegree
of judicial review.
piece of nonemergency legislation for dealing
with terrorism. The act incorporated some elements
from previous emergency legislation
but also provided
stronger guarantees for the
rights of suspects and greater allowance for
judicial scrutiny.Following the 9/11 attacks,
Parliament passed the Anti-Terrorism, Crime and
Security Act 2001. This law afforded the executive
the power to detain, without charge, non-UK
citizens
suspected of terroristactivities but who could
not be deported to their countries of origin for
fear that they would be mistreated—although it did
allow for detainees to
appeal their status to a special immigration
appeals commission,thus ensuring somedegree
of judicial review.
Clarke, 57
The war-fighting approach allows for the use of
any and all means of intelligence gathering with
little attention paid tosafeguarding
rights to privacyand
other civil liberties.
any and all means of intelligence gathering with
little attention paid tosafeguarding
rights to privacyand
other civil liberties.
Moreover, this strategy allows for the use of
any and all means of intelligence gathering
without the need tosafeguard
rights to privacyor
other civil liberties, as it usually targets
noncitizens in the territory of foreign countries.
any and all means of intelligence gathering
without the need tosafeguard
rights to privacyor
other civil liberties, as it usually targets
noncitizens in the territory of foreign countries.
Clarke, 57
The law enforcement approach
is based on an entirely different philosophy in
that it views the"enemy" not
collectively, but
as individuals
carrying out specific criminal acts.
is based on an entirely different philosophy in
that it views the"enemy" not
collectively, but
as individuals
carrying out specific criminal acts.
The law enforcement approach, at the other end
of the continuum,
is based on an entirely different philosophy and
modus operandi. The goal here is not to kill the
enemy to deny them the ability to conduct hostile
acts. In fact, thelaw enforcement approach,
unlike the war-fighting approach, does not, at
least for purposes of prosecution, generally view
the "enemy"
collectively, butrather
as individuals.These individuals may or may not
be organized into terrorist groups, but in any
case they are not treated as a collective
threatening the state, but rather as distinct
individuals
carrying out specific criminal acts for which
each has to be prosecuted independently.
of the continuum,
is based on an entirely different philosophy and
modus operandi. The goal here is not to kill the
enemy to deny them the ability to conduct hostile
acts. In fact, thelaw enforcement approach,
unlike the war-fighting approach, does not, at
least for purposes of prosecution, generally view
the "enemy"
collectively, butrather
as individuals.These individuals may or may not
be organized into terrorist groups, but in any
case they are not treated as a collective
threatening the state, but rather as distinct
individuals
carrying out specific criminal acts for which
each has to be prosecuted independently.
Clarke, 58
The law enforcement approach means spending much
of the
time operating within the borders of a
democratic state and
are subject to the
legal restrictions designed to protect
the basic rights of the population.
of the
time operating within the borders of a
democratic state and
are subject to the
legal restrictions designed to protect
the basic rights of the population.
Those taking the law enforcement approach to
combating terrorism generally spend most of
their
time operating within the borders of the
democratic state and thus
are subject to
legal restrictions designed tosafeguard
the basic rights of the population in those
countries.
combating terrorism generally spend most of
their
time operating within the borders of the
democratic state and thus
are subject to
legal restrictions designed tosafeguard
the basic rights of the population in those
countries.
Clarke, 61
The shroud ofsecrecy surrounding the recently
leaked surveillanceprograms hamstrung those
members in
what they coulddisclose and many felt that
their only recourse was to file secret letters of
concern or protest.
Jane Harman,
a former Ranking Member of the House Intelligence
Committee indicated that you can't talk to
anybody about what you learn inbriefings and
there is no way then for staff to do research,
which would make for more successful oversight.
leaked surveillanceprograms hamstrung those
members in
what they coulddisclose and many felt that
their only recourse was to file secret letters of
concern or protest.
Jane Harman,
a former Ranking Member of the House Intelligence
Committee indicated that you can't talk to
anybody about what you learn inbriefings and
there is no way then for staff to do research,
which would make for more successful oversight.
The few members ofCongress who were briefed
on these controversialprograms felt so
handcuffed by restrictions on
what they could do with the highly classified
information they received, they thought
their only recourse was to file secret letters of
concern or protest.Representative
Jane Harman, who as
a former Ranking Member of the House Intelligence
Committee regularly received classified
briefings from executive agencies, described the
current practice of congressional notification:
on these controversialprograms felt so
handcuffed by restrictions on
what they could do with the highly classified
information they received, they thought
their only recourse was to file secret letters of
concern or protest.Representative
Jane Harman, who as
a former Ranking Member of the House Intelligence
Committee regularly received classified
briefings from executive agencies, described the
current practice of congressional notification:
Clarke, 63
Hiding informationfrom Congress and judicial
oversight
allows the Executive Branch tokeep itself
free
from public criticism and
increases the likelihood of
illegal and improper activity.
oversight
allows the Executive Branch tokeep itself
free
from public criticism and
increases the likelihood of
illegal and improper activity.
Withholdinginformation
allows the executive branch toinsulate itself
from public criticism and, in some cases,
congressional and judicial oversight, which in
turn
increases the likelihood ofunwise,
illegal, and improper activity.
allows the executive branch toinsulate itself
from public criticism and, in some cases,
congressional and judicial oversight, which in
turn
increases the likelihood ofunwise,
illegal, and improper activity.
Clarke, 64
As stated previously in this thesis, Congress
has the authority and
must take the lead in challenging
laws and practices that allow little
transparency in
our national security and domestic intelligence
operations
has the authority and
must take the lead in challenging
laws and practices that allow little
transparency in
our national security and domestic intelligence
operations
Congress
must take the lead in challenging the
laws and practices that have allowedexcessive
secrecy to become the dominant feature of
our national security culture.
must take the lead in challenging the
laws and practices that have allowedexcessive
secrecy to become the dominant feature of
our national security culture.
Clarke, 64
The Executivebranch does not have the right
to tell members of the IntelligenceOversight
Committee that
they cannot share what they learn in
briefings with other members of Congress.
to tell members of the IntelligenceOversight
Committee that
they cannot share what they learn in
briefings with other members of Congress.
The executive does not have theauthority to
tell members of the Intelligence Commitees or
the Gang of Eight
they cannot share what they learn inthese
briefings with other members of Congress.
tell members of the Intelligence Commitees or
the Gang of Eight
they cannot share what they learn inthese
briefings with other members of Congress.
Clarke, 65
A bipartisan reportin February 2003, by senior
members of the Senate Judiciary Committee
expressed great
frustration with the Justice Department's refusal
to submit to Congressional oversight.
members of the Senate Judiciary Committee
expressed great
frustration with the Justice Department's refusal
to submit to Congressional oversight.
A bipartisan reportissued in February 2003 by
senior members of the Senate Judiciary Committee
expressed deep
frustration with the Justice Department's refusal
to submit to congressional oversight.
senior members of the Senate Judiciary Committee
expressed deep
frustration with the Justice Department's refusal
to submit to congressional oversight.
Clarke, 81
In another instance, DNI JamesClapper said he
declassifiedaspects of NSA
surveillance and intelligenceprograms to
dispel some of the myths
about government surveillanceactivities.
declassifiedaspects of NSA
surveillance and intelligenceprograms to
dispel some of the myths
about government surveillanceactivities.
Clapper said he declassified the details of
the NSA's
surveillance and intelligencecollection
programs "in hope that it will help
dispel some of the myths and add necessary
context to what has been published"
about government surveillance of Americans'
phone records and foreigners' Internet use
the NSA's
surveillance and intelligencecollection
programs "in hope that it will help
dispel some of the myths and add necessary
context to what has been published"
about government surveillance of Americans'
phone records and foreigners' Internet use
Clarke, 83
In a written statement by Judge Reggie B. Walton,
the chief judge of the FISC, he acknowledged
that
the court lacks the tools to independently verify
how oftengovernment surveillance breakscourt
rules that aim to protect privacy.
the chief judge of the FISC, he acknowledged
that
the court lacks the tools to independently verify
how oftengovernment surveillance breakscourt
rules that aim to protect privacy.
The chief judge of the Foreign Intelligence
Surveillance Courtsaid
the court lacks the tools to independently verify
how often the
government's surveillance breaksthe court's
rules that aim to protect Americans'privacy.
Clarke, 83
This is in stark contrast to what the executive
branch has been saying in trying to reassure the
public about
the court'soversight role. They have been
saying
that the court provides central checks and
balances ongovernment spyingand that people
should feel comfortable withthat.
branch has been saying in trying to reassure the
public about
the court'soversight role. They have been
saying
that the court provides central checks and
balances ongovernment spyingand that people
should feel comfortable withthat.
The court'sdescription of its practical
limitations contrasts with repeated assurances
from the Obama administration and intelligence
agency leaders
that the court provides central checks and
balances on the government's broadspying
efforts. They have said thatAmericans
should feel comfortable thatthe secret
intelligence court provides robust oversight of
government surveillance and protects their privacy
from rogue intrusions.
Design by Sergio Hernandez and Tal Yellin, CNN. Illustration by Will Mullery, CNN.
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