- In a move raising eyebrows among civil liberties advocates,
the Department of Homeland Security announced Monday that it would give
so-called local and state "fusion centers" access to classified
military intelligence in Pentagon databases.
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- Fusion centers are hubs for local law enforcement, the
private sector and the intelligence community, and were created in an effort
to fight terrorism. There are more than seventy known centers across the
United States.
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- The decision to give fusion centers access to classified
intelligence appears to a shift in policy by Homeland Security. In July,
Secretary Janet Napolitano "that fusion centers were not intended
to have a military presence, and that she was not aware of ones that did,"
according to the New York Times.
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- The centers have been a flashpoint of criticism from
civil liberties groups. The American Civil Liberties Union, in particular,
has been a vehement critic.
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- "As fusion centers gain more and more access to
Americans' private information, the information about them being made available
to the American public remains woefully inadequate," Michael Macleod-Ball,
Acting Director of the ACLU Washington Legislative Office, said in a statement.
"There is a stunning lack of oversight at these fusion centers and,
as we've seen, these centers are rapidly becoming a breeding ground for
overzealous intelligence activities. Opening the door for domestic law
enforcement to gain access to classified military intelligence coupled
with no guidelines restricting the military's role in fusion centers is
a recipe for disaster."
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- In February, the ACLU highlighted a bulletin issued by
a West Texas center. The Texas bulletin <http://www.aclu.org/privacy/gen/38835prs20090225.html>said
it was "imperative for law enforcement officers to report"
the activities of lobbying groups, Muslim civil rights organizations and
anti-war protest groups in their region.
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- The model also took fire in April after a Virginia fusion
center directive became public, which declared that US universities had
become "radicalization node"s for potential terrorist activity
- singling out several historically black colleges. The memo also called
out "hacktivism" as a potential terrorist threat.
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- Remarkably, among the fusion center's critics is the
Justice Department itself. A December, 2008 "<http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_ia_slrfci.pdf>Privacy
Impact Assessment" of the centers issued by the Department listed
a number of key privacy weaknesses of the intelligence nexuses.
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- Among the problems listed were: "Justification for
fusion centers; Ambiguous Lines of Authority, Rules, and Oversight; Participation
of the Military and the Private Sector; Data Mining; Excessive Secrecy;
Inaccurate or Incomplete Information; and Mission Creep."
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- Defenders take message to Congress
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- A Homeland Security proponent, Robert Riegle of the State
and Local Program Office, Office of Intelligence and Analysis, defended
the centers in <http://www.dhs.gov/ynews/testimony/testimony_1238597287040.shtm>testimony
to Congress in April, saying they'd experienced numerous law enforcement
successes as a result of information sharing.
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- "Fusion centers are the core means by which we promote
Federal, State, local and Tribal information sharing. Today, the Department
of Homeland Security and the Department of Justice recognize 70 fusion
centers, including ones in every state and every major city of the United
States," Riegle said. "Nearly half of these centers have been
stood up since 2006 and have grown rapidly in number and effectiveness.
Many fusion centers are in their infancy and many infrastructure challenges
remain, but the successes that the centers have realized thus far give
us good reason for our continued support."
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- "Fusion centers are force multipliers," Riegle
added. "They leverage financial resources and the expertise of numerous
public safety partners to increase information awareness and help our law
enforcement agencies more effectively protect our communities. Thoughtful
analysis about risks to our communities supports elected officials and
homeland security leaders. This enables states and localities to better
utilize limited financial resources to make effective, risk-based decisions
about public safety matters and mitigate threats to the homeland."
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- The ACLU isn't so sure.
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- "Congress must take the necessary steps to ensure
that a thorough and rigorous oversight mechanism is in place to ensure
that Americans' most sensitive information is protected," the ACLU's
legislative director said. "Without proper guidelines, fusion centers
will continue to threaten our privacy while doing nothing to improve security."
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- <=http://rawstory.com/08/news/2009/09/16/police-to-get-a
- ccess-to-classified-military-intelligence
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