9/11: Domestic Reactions to 9/11
    By Matthew B. Robinson, PhD           
    Associate Professor of Criminal Justice       
    Appalachian State University           

In addition to the passage of laws such as the USA PATRIOT Act, which clearly erode civil liberties of US citizens in order to prevent terrorism and to enforce ordinary criminal laws against “garden-variety criminals,” the US government has passed and/or considered several other programs to collect information on American citizens and to prevent acts of terrorism.  This document summarizes the following:

•    Total Information Awareness

•    Computer Assisted Passenger Pre-Screening Program II

•    Multistate Anti-Terrorism Information Exchange

•    Department of Homeland Security

•    Other Reactions


Total Information Awareness
According to the cached website of the Information Awareness Office (part of Defense Advanced Research Projects Agency, or DARPA), the mission of Total Information Awareness (TIA) was to “imagine, develop, apply, integrate, demonstrate and transition information technologies, components and prototype, closed-loop, information systems that will counter asymmetric threats by achieving total information awareness useful for preemption; national security warning; and national security decision making” (http://web.archive.org/web/20020802012150/www.darpa.mil/iao/).

According to the website: “The most serious asymmetric threat facing the United States is terrorism, a threat characterized by collections of people loosely organized in shadowy networks that are difficult to identify and define.”  Because of this, the Information Awareness Office (IAO) was designed ...
    to develop technology that will allow understanding of the intent of these networks, their plans, and potentially define opportunities for disrupting or eliminating the threats.  To effectively and efficiently carry this out, we must promote sharing, collaborating and reasoning to convert nebulous data to knowledge and actionable options.  IAO will accomplish this by pursuing the development of technologies, components, and applications to produce a proto-type system.
 
The website of the IAO lists the following as examples of programs to be utilized:

•    Collaboration and sharing over TCP/IP networks across agency boundaries;
•    Large, distributed repositories with dynamic schemas that can be changed interactively by users;
•    Foreign language machine translation and speech recognition;
•    Biometric signatures of humans;
•    Real time learning, pattern matching and anomalous pattern detection;
•    Entity extraction from natural language text;
•    Human network analysis and behavior model building engines;
•    Event prediction and capability development model building engines;
•    Structured argumentation and evidential reasoning;
•    Story telling, change detection, and truth maintenance;
•    Business rules sub-systems for access control and process management;
•    Biologically inspired algorithms for agent control; and
•    Other aids for human cognition and human reasoning.

After describing the threats posed by modern terrorists, who “are able to move freely throughout the world, to hide when necessary, to find unpunished sponsorship and support, to operate in small, independent cells, and to strike infrequently, exploiting weapons of mass effects and media response to influence governments,” the IAO website claims:
   
    This low-intensity/low-density form of warfare has an information signature, albeit not one that our intelligence infrastructure and other government agencies are optimized to detect.  In all cases, terrorists have left detectable clues that are generally found after an attack.  Even if we could find these clues faster and more easily, our counter-terrorism defenses are spread throughout many different agencies and organizations at the national, state, and local level.  To fight terrorism, we need to create a new intelligence infrastructure to allow these agencies to share information and collaborate effectively, and new information technology aimed at exposing terrorists and their activities and support systems.  This is a tremendously difficult problem, because terrorists understand how vulnerable they are and seek to hide their specific plans and capabilities.

According to IAO: “The key to fighting terrorism is information.”  Thus, to prevent terrorism, the United States must gather “a much broader array of data than we do currently, discovering information from elements of the data, creating models of hypotheses, and analyzing these models in a collaborative environment to determine the most probable current or future scenario.”

Dr. John Poindexter was appointed by President Bush to lead IAO in spite of his multiple felony convictions in April 1990 for conspiracy, obstruction of justice, lying to Congress, defrauding the government, and altering and destroying evidence pertaining to the Iran-Contra Affair (the convictions were reversed in 1991 because the prosecution's evidence could have been tainted by comments he made while under immunity).

According to Wikipedia, some of the programs aimed at creating what Poindexter called “Total Information Awareness” included:

•    Effective Affordable Reusable Speech-to-text, or EARS, has a stated goal of "developing speech-to-text (automatic transcription) technology whose output is substantially richer and much more accurate than currently possible."  This program focuses on broadcast and telephone human conversations in multiple languages, necessary for the computerized analysis of the massive amount of phone tapping the IAO now has the right to perform without a legal warrant.

•    Futures Markets Applied to Prediction, or FutureMAP, intends to "concentrate on market-based techniques for avoiding surprise and predicting future events."  It will analyze data from the world's economy in an attempt to predict political instability, threats to national security, and in general every major event in the near future.  The IAO's stated strategy for this division states that "the markets must also be sufficiently robust to withstand manipulation".  This statement has been interpreted as implying the intention of altering future events to further the goals of the United States.  It may also refer to the possibility of persons manipulating the market mechanism in order to produce desired predictions.

•    Genisys code-names the database system which the IAO plans to implement as the center of its information storage and processing.  Currently used database systems designed in the 1980s do not have the capacity for the massive amount of data the IAO plans to gather.

•    Genoa "provides the structured argumentation, decision-making and corporate memory to rapidly deal with and adjust to dynamic crisis management."  In essence, the IAO intended this program to make conclusions and decisions based on available information, incorporating human analysis, corporate history, and a structured set of thinking. The IAO finished this research project in fiscal year 2002; there follows Genoa II, which effectively automates the collaboration between government departments.

•    Human Identification at a Distance, or HumanID, "is to develop automated biometric identification technologies to detect, recognize and identify humans at great distances." This program intends to have the capability of implementing a face and gait identification system effective up to 150 meters at all times by fiscal year 2004.  One such program, developed by Georgia Tech at a cost of nearly $1 million, identifies distinctive patterns in human walks via radar.

•    Translingual Information Detection, Extraction and Summarization, or TIDES, aims to detect, translate, summarize, and extract information in speech or text in multiple languages.  The IAO expected demonstration of machine capabilities and integration into Total Information Awareness systems in 2003.

•    Wargaming the Asymmetric Environment, or WAE, focuses on developing automated technology capable of predicting terrorist attacks, identifying predictive indicators by examining individual and group behavior in broad environmental context.  The WAE will also develop intervention strategies based on the motivation of specific terrorists.

According to Poindexter: “The Information Awareness Office at DARPA is about creating technologies that would permit us have both security and privacy.  More than just making sure that different databases can talk to one another, we need better ways to extract information from those unified databases, and to ensure that the private information on innocent citizens is protected” (http://www.fas.org/irp/agency/dod/poindexter.html).  In spite of such assurances, privacy advocates and defenders of civil libertarians became immediately concerned after learning of the existence of IAO.

Part of the fears stemmed from IAO’s chosen logo, the “Eye of Providence” or the “All Seeing Eye” (which also appears on the back of US one dollar bills) and the Latin motto “scientia est potentia,” which means “knowledge is power.”  This logo and motto was removed from the IAO website in December 2002 without any announcement or explanation.

In part due to the reactions to the IAO, the name of the “Total Information Awareness” plan was amended in May of 2003 to “Terrorist Information Awareness.”

According to Wikipedia, the purpose of IAO is ...

    to gather as much information as possible about everyone, in a centralized location, for easy perusal by the United States government, including (though not limited to) Internet activity, credit card purchase histories, airline ticket purchases, car rentals, medical records, educational transcripts, driver's licenses, utility bills, tax returns, and any other available data.  In essence, the IAO’s goal is to develop the capacity to recreate a life history of thoughts and movements for any individual on the planet on demand, which some deem necessary to counter the threat of terrorism (http://en.wikipedia.org/wiki/Total_Information_Awareness).

The IAO was halted by Congressional action in February 2003.  Yet, as noted above, this did not stop DARPA from changing the name to Terrorist Information Awareness.  DARPA mentioned in a report to Congress that the program was not aimed at collecting information on American citizens but rather to disrupt terrorist networks.  Still, Congress withdrew all funding for IAO in September 2003.

Yet, according to the Electronic Privacy Information Center (EPIC):

    This does not, however, necessarily signal the end of other government data-mining initiatives that are similar to TIA.  Projects such as the Novel Intelligence from Massive Data within the Intelligence Community Advanced Research and Development Activity (ARDA) will apparently move forward.  The FBI and the Transportation Security Administration are also working on data-mining projects that will fuse commercial databases, public databases, and intelligence data and had meetings with TIA developers (http://www.epic.org/privacy/profiling/tia/).

EPIC also points out that: “The General Accounting Office has issued a report that identifies almost 200 data mining projects throughout the federal government that are either operational or in the planning stage.”  The report can be read on-line (http://www.epic.org/privacy/profiling/gao_dm_rpt.pdf).

Computer Assisted Passenger Pre-Screening Program II

According to the Department of Homeland Security (DHS), CAPPS II is “a limited, automated prescreening system authorized by Congress in the wake of the Sept. 11, 2001 terrorist attacks ... [which] modernizes the prescreening system currently implemented by the airlines ... [and] will seek to authenticate travelers' identities and perform risk assessments to detect individuals who may pose a terrorist-related threat or who have outstanding Federal or state warrants for crimes of violence.”

DHS asserts that CAPPS II was to become “a critical element in TSA's ‘system of systems’ approach to security which includes thorough screening of baggage and passengers by highly trained screeners, fortified cockpit doors in all airliners, thousands of Federal Air Marshals aboard a record number of flights, and armed Federal Flight Deck Officers” (http://www.dhs.gov/dhspublic/display?content=3162).

DHS assured visitors to its website that CAPPS II would only “ask passengers for a slightly expanded amount of reservation information, including full name, date of birth, home address, and home telephone number.”  This information would allow the identity of the passenger to be verified, and a risk assessment to be conducted using “commercially available data and current intelligence information” that would “result in a recommended screening level, categorized as no risk, unknown or elevated risk, or high risk.”  According to DHS: “The commercially available data will not be viewed by government employees, and intelligence information will remain behind the government firewall.  The entire prescreening process is expected to take as little as five seconds to complete.”

Risk scores were to be originally printed on boarding passes in order to indicate the appropriate level of screening and then later to be transmitted directly to screeners at security checkpoints.

DHS characterized CAPPS II as vital to “ensure that travelers who are known or potential threats to aviation are stopped before they or their baggage board an aircraft” because it provides:

•    A stronger prevention system – CAPPS II will provide a more reliable screening result than is provided by the current airline operated prescreening system.  It will seek to authenticate a passenger's identity and conduct a risk assessment.  It also allows for updates as new intelligence is received and the threat level is modified.

•    Shorter waits at checkpoints – By reducing the number of selectees requiring additional screening, CAPPS II will help speed up the screening process for the vast majority of travelers.

•    Focus for resources – CAPPS II will enable DHS to focus its screening resources and as DHS is better able to assess the potential risks to passengers and aircraft, it will be able to allocate resources such as the Federal Air Marshals.

In spite of the assurances by DHS, the Electronic Frontier Foundation (EFF) asserts that what is at stake is: “Your fundamental right to privacy and your fundamental right to travel without being forced to give up your constitutionally protected freedoms” (http://www.eff.org/Privacy/cappsii/).  The issue, according to EFF, is: “How much of your private life should the government be allowed to examine before you can exercise your right to travel freely?” (http://www.eff.org/Privacy/cappsii/concern.php).

According to EFF:

    CAPPS II could also misidentify you as a terrorist, criminal, or other security threat requiring heightened government scrutiny.  Personal details about you, correct or not, could repeatedly trip the security wire, yet there would be no effective way for you to access your own CAPPS II file to correct the mistake.  Meanwhile, airport personnel would squander valuable time and resources on you and other CAPPS II "false positives" rather than on real terrorists.

The danger of false positives is summarized by EFF.  They are not “only unfortunate for those who are misidentified; they are bad for our overall security.  If CAPPS II uses faulty data in screening passengers, the number of false positives goes up.  With a sufficiently high ratio of false to true positives, security personnel might become conditioned to false positives and as a consequence, more lax.”

Further, EFF asserts that:

    CAPPS II could come to serve as an all-purpose dragnet.  Originally, CAPPS II was meant to serve as a tool to prevent foreign terrorists from boarding flights.  Then the government decided that it would also be used to profile "domestic terrorists," employing a fuzzy definition that could apply to legitimate political activists.  Then CAPPS II was once again expanded, this time to include screening for people wanted for violent crimes or for flouting immigration laws. 

This kind of “mission creep,” as EFF characterizes it, is typical of government bureaucracies who inevitably expand in order to survive.  The primary risk is thus to privacy rights of citizens.

The American Civil Liberties Union (ACLU) identified seven problems with CAPPS II in the areas of judging Americans in secret, lack of effectiveness to make us safer, mission creep, failure to provide due process, enabling the government to create lifetime travel dossiers on passengers, passing costs on to the public, and the likelihood of discrimination (http://www.aclu.org/Privacy/Privacy.cfm?ID=15426&c=130).

According to EFF, the General Accounting Office (GAO) reported that as of January 2004 the Transportation Security Administration (TSA) had failed to meet seven out of eight Congressional requirements for CAPPS II, including to:

•    adequately assess the accuracy of information in the databases that will be used for CAPPS II;
•    stress test the CAPPS II system and demonstrate its efficacy and accuracy;
•    install safeguards to protect CAPPS II from abuse;
•    install security measures to protect unauthorized access to travelers' personal data;
•    establish effective oversight of the system's use and operation;
•    address privacy concerns regarding CAPPS II; and
•    create redress procedures for passengers to correct erroneous information.

The GAO report can be read on-line (http://www.aclu.org/Files/OpenFile.cfm?id=14941).

In part because of this, CAPPS II was terminated in August 2004 and replaced by a similar program called “Secure Flight,”according to the American Civil Liberties Union (http://www.aclu.org/Privacy/Privacy.cfm?ID=17805&c=130).

The ACLU lays out four steps to Secure Flight:

1)    Collection of information by the airlines.  The airlines will be required to begin collecting additional information from every passenger.  The agency is testing the kinds of information that it believes it will need, but they are reportedly considering requiring passengers to provide their dates of birth. (The airlines may also pass along other information that is part of individuals’ travel records, some of it potentially sensitive.)

2)    Authentication check.  TSA will send passengers’ names and dates of birth (or whatever other information is collected) to commercial data services – companies like Choicepoint or Acxiom that are in the business of compiling extensive dossiers about the lives of most Americans. The commercial data services will report back to the TSA whether the information provided by the passenger via the airline matches the information in the company’s own records.

3)    Watchlist check. TSA will run the passenger through watchlists maintained by the governments Terrorist Screening Center (TSC), which is supposed to aggregate the many scattered terrorist watchlists that the government was discovered to be holding after 9/11.

4)    Action at the gate. The results of this process will then be forwarded to security personnel at the airport.  Law enforcement authorities would be notified if the system determines that a passenger is on the watchlist.

ACLU’s preliminary investigation into this program found it to be filled with errors and problems, and that it would be excessively costly yet ineffective.  One of the most significant problems is that identity theft would allow terrorists to easily evade the program.

Due to such problems, the General Accounting Office (GAO) has recommended putting the Secure Flight program on hold until the Transportation Security Administration can assure the workability and effectiveness of the program, as well as protect the system from abuse and unauthorized access (http://www.gao.gov/new.items/d05356.pdf).

The ACLU compares CAPPS II and Secure Flight and finds they are virtually the same (http://www.aclu.org/Privacy/Privacy.cfm?ID=17845&c=130).  The problems identified by GAO for CAPPS II also likely characterize Secure Flight.

Multistate Anti-Terrorism Information Exchange

According to Wikipedia, the Multistate Anti-Terrorism Information Exchange (MATRIX), was run by a private corporation – Seisint, Inc. of Boca Raton, Florida – on behalf of a cooperative group of state governments.  However, it is, at least in part, federally funded – and may, in future, allow federal access ... The program has received $4 million from the Justice Department.  It has been promised a further $8 million from the Department of Homeland Security.  In addition, news reports indicate that Matrix officials have said they are considering giving access to the CIA (http://en.wikipedia.org/wiki/Multistate_Anti-Terrorism_Information_Exchange).

MATRIX was to: “Tie together government and commercial databases in order to allow federal and state law enforcement entities to conduct detailed searches on particular individuals' dossiers,” including “criminal histories, driver's license data, vehicle registration records, and significant amounts of public data record entries.”

The Congressional Research Service (CRS) described MATRIX as a pilot project that would make it easier for law enforcement agencies to more quickly “access, share, and analyze public records to help law enforcement generate leads, expedite investigations, and possibly prevent terrorist attacks”(http://www.fas.org/irp/crs/RL32536.pdf).  According to CRS, the pilot project identified 120,000 individuals in the United States as having “high terrorism factor scores” in the weeks following the attacks of September 11, 2001.  It also identified five of the names of the 9/11 hijackers.

According to CRS, the “core” of the MATRIX pilot project is the Factual Analysis Criminal Threat Solution (FACTS), which allows police officers to “more effectively query available public records with incomplete information.”  The FACTS database contains more than 3.9 billion public records, including:

•    pilot licenses issued by the Federal Aviation Administration;
•    aircraft ownership;
•    property ownership;
•    US Coast Guard registered vehicles;
•    state sexual offender lists;
•    corporate filings;
•    Uniform Commercial Cod filings or business liens;
•    bankruptcy filings; and
•    state issued professional licenses.

Records also include:

•    criminal history records;
•    department of corrections information and photo images;
•    sexual offender history files;
•    driver’s license information and photo images; and
•    motor vehicle registration information.

Although law enforcement officials asserted that only public information would be utilized in MATRIX searches the American Civil Liberties Union (ACLU) wrote:

    The MATRIX (Multistate Anti-TeRrorism Information eXchange) surveillance system combined information about individuals from government databases and private-sector data companies.  It then made those dossiers available for search by government officials and combed through the millions of files in a search for anomalies that may be indicative of terrorist or other criminal activity (http://www.aclu.org/Privacy/Privacy.cfm?ID=14240&c=130).

The ACLU also notes that:
    MATRIX appears to include a mix of corporate data, court records and other data compiled by private industry, and records provided directly by the states.  This information includes property ownership, address history (including all the people an individual has ever lived with), business and corporate information, marine vessels, U.S. directory assistance, public utility services connections, bankruptcies, liens and judgments, UCC filings, FCC pilot information, hunting and fishing licenses, gun licenses, professional licenses, voter registrations, and U.S. domain names.

Although proponents of MATRIX argued that law enforcement would simply be given greater and more rapid access to information already available, opponents were concerned about “data mining” of information pertaining to regular, every day Americans.  MATRIX officials claimed that the program does not include law enforcement data mining, “in which an automated computer program scans through the records of everyone –  criminal and innocent alike – in a search for patterns that are thought to suggest wrongdoing.”  Yet, the ACLU notes that documents they obtained “contain numerous explicit references to data mining, including meeting minutes of the MATRIX board, presentations by the Florida Department of Law Enforcement, and in FDLE budget documents.”  Additionally, “one of the four objectives of the program that were listed [in a grant application] was to develop and pilot test a model data mining and integration system for terrorist and other intelligence information.”
 
CRS concluded “It remains uncertain whether the MATRIX pilot project is currently designed to assess and address privacy and civil liberty concerns.”  Due in part to concerns about privacy, eleven of the original sixteen participating states dropped out, leaving just five participating.

Due to issues such as inaccuracy of data, privacy concerns, inadequate security measures in place, the MATRIX program was terminated in April 2005, though components continued to be made available to police in individual states.  Thus, the website of MATRIX is no longer active (http://www.matrix-at.org/).

Department of Homeland Security

The Department of Homeland Security (DHS) was created by the Homeland Security Act of 2002.  The mission of DHS, according to this law, is to:
    (A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to terrorism; and
(C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States (http://www.dhs.gov/dhspublic/display?theme=59&content=411).

DHS was thus created by an act of Congress.  Yet, according the website of the White House, President Bush “created the Department of Homeland Security – the most comprehensive reorganization of the Federal government in a half-century. The Department of Homeland Security consolidates 22 agencies and 180,000 employees, unifying once-fragmented Federal functions in a single agency dedicated to protecting America from terrorism” (http://www.whitehouse.gov/infocus/homeland/).

Indeed, the Department of Homeland Security (DHS) sets a new standard for organizational bureaucracy!  According to the DHS website:

The following list comprises the major components that currently make up the Department of Homeland Security:

Office of the Secretary
The staff functions in the Office of the Secretary oversee activities with other federal, state, local, and private entities as part of a collaborative effort to strengthen our borders, provide for intelligence analysis and infrastructure protection, improve the use of science and technology to counter weapons of mass destruction, and to create a comprehensive response and recovery division. Within the Office of the Secretary there are multiple offices that contribute to the overall Homeland Security mission:

•    Office of the Chief Privacy Officer;
•    Office of Civil Rights and Civil Liberties;
•    Office of Counter Narcotics;
•    Office of General Counsel;
•    Office of the Inspector General;
•    Office of Legislative Affairs;
•    Office of National Capital Region Coordination;
•    Office of the Private Sector;
•    Office of Public Affairs;
•    Office of Security; and 
•    Office of State and Local Government Coordination and Preparedness.

Border and Transportation Security (BTS)
Border and Transportation Security (BTS) secures our nation’’s borders and transportation systems and enforces the nation’’s immigration laws.  It includes:

•    Transportation Security Administration (TSA);
•    Customs and Border Protection;
•    Immigration and Customs Enforcement; and
•    Federal Law Enforcement Training Center

Emergency Preparedness and Response (EP&R)
Emergency Preparedness and Response (EP&R), building on the long and solid track record of the Federal Emergency Management Agency (FEMA), ensures that our nation is prepared for incidents, whether natural disasters or terrorist assaults, and oversees the federal government’s national response and recovery strategy.  It includes:

•    Federal Emergency Management Agency (FEMA).

Information Analysis and Infrastructure Protection (IAIP)
Terrorists strive to exploit national weaknesses and search for unprotected areas to attack. Information Analysis and Infrastructure Protection (IAIP) helps deter, prevent, and mitigate acts of terrorism by assessing vulnerabilities in the context of continuously changing threats. IAIP strengthens the nation’s protective posture and disseminates timely and accurate information to our federal, state, local, private, and international partners.  It includes:

•    Homeland Security Operations Center (HSOC);
•    Information Analysis (IA); and
•    Infrastructure Protection (IP).

Science and Technology (S&T)
The Directorate of Science and Technology (S&T) serves as the primary research and development arm of Homeland Security, using our nation’s scientific and technological resources to provide federal, state, and local officials with the technology and capabilities to protect the homeland. The focus is on catastrophic terrorism – threats to the security of our homeland that could result in large-scale loss of life and major economic impact. S&T’s work is designed to counter those threats, both by evolutionary improvements to current technological capabilities and development of revolutionary, new technological capabilities.  It includes:

•    Office of National Laboratories;
•    Homeland Security Laboratories; and
•    Homeland Security Advanced Research Projects Agency (HSARPA).

Office of Management
The Under Secretary for Management is responsible for the budget, appropriations, expenditure of funds, accounting and finance, procurement, information technology systems, facilities, property, equipment, other material resources, and the identification and tracking of performance measurements relating to the responsibilities of Homeland Security.

U.S. Citizenship and Immigration Services (USCIS)
U.S. Citizenship and Immigration Services (USCIS) ensures that America continues to welcome visitors, refugees, immigrants, asylum seekers, and new citizens while protecting the nation from terrorism, unlawful entrants, and illegal residents. USCIS is made up of 15,000 employees in 250 offices worldwide and is largely subsidized by revenue generated from fees paid for immigration benefits. Within USCIS, the Office of Citizenship was established to develop and implement public outreach and education initiatives to promote U.S. citizenship.  It includes:

•    U.S. Citizenship and Immigration Services;
•    Office of Citizenship; and
•    National Customer Service Center.

U.S. Coast Guard
The U.S. Coast Guard protects the public, the environment, and U.S. economic interests – in the nation’s ports and waterways, along the coast, on international waters, or in any maritime region as required to support national security.

U.S. Secret Service (USSS)
The U.S. Secret Service (USSS) is responsible for the protection of the President, our nation’s leaders, as well as our country’s financial and critical infrastructures, USSS is a crucial component of Homeland Security. USSS is organized into two major components, one focused on protection and the other focused on investigation.

The DHS seeks to “develop a complementary system connecting all levels of government without duplicating effort.  Homeland Security is truly a “national mission.”  DHS “leverages resources within federal, state, and local governments, coordinating the transition of multiple agencies and programs into a single, integrated agency focused on protecting the American people and their homeland.  More than 87,000 different governmental jurisdictions at the federal, state, and local level have homeland security responsibilities” (http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0515.xml).

DHS is currently undergoing a revised organization.  DHS explains:

    A six-point agenda for the Department of Homeland Security is planned to ensure that the Department’s policies, operations, and structures are aligned in the best way to address the potential threats – both present and future – that face our nation.

    The six-point agenda will guide the department in the near term and result in changes that will:

    1. Increase overall preparedness, particularly for catastrophic events;
    2. Create better transportation security systems to move people and cargo more securely and efficiently;
    3. Strengthen border security and interior enforcement and reform immigration processes;
    4. Enhance information sharing with our partners;
    5. Improve DHS financial management, human resource development, procurement and information technology; and
    6. Realign the DHS organization to maximize mission performance.

The realignment of DHS will “increase its ability to prepare, prevent, and respond to terrorist attacks and other emergencies.  These changes will better integrate the Department and give department employees better tools to accomplish their mission” (http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0646.xml).

According to DHS, it is the Department responsible for preparing for and responding to natural disasters and national emergencies.  It has created a National Response Plan.  DHS explains that its plan:

    establishes a comprehensive all-hazards approach to enhance the ability of the United States to manage domestic incidents. The plan incorporates best practices and procedures from incident management disciplines – homeland security, emergency management, law enforcement, firefighting, public works, public health, responder and recovery worker health and safety, emergency medical services, and the private sector – and integrates them into a unified structure. It forms the basis of how the federal government coordinates with state, local, and tribal governments and the private sector during incidents. It establishes protocols to help:

    •    Save lives and protect the health and safety of the public, responders, and recovery workers;
    •    Ensure security of the homeland;
    •    Prevent an imminent incident, including acts of terrorism, from occurring;
    •    Protect and restore critical infrastructure and key resources;
    •    Conduct law enforcement investigations to resolve the incident, apprehend the perpetrators, and collect and preserve evidence for prosecution and/or attribution;
    •    Protect property and mitigate damages and impacts to individuals, communities, and the environment; and
    •    Facilitate recovery of individuals, families, businesses, governments, and the environment (http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0566.xml).     

DHS also is the lead Department in the area of security of transportation and travelers.  Since DHS “inherited the professional workforce, programs and infrastructure of the Coast Guard, Customs Service, Immigration and Naturalization Service, and the Transportation Security Administration,” it is now “responsible for protecting our nation's transportation systems and supervising the entry of people and goods into the United States.  This is no easy task given that 730 million people travel on commercial aircraft each year and that there are now more than 700 million pieces of baggage being screened for explosives each year.  Additionally, there are 11.2 million trucks and 2.2 million rail cars that cross into the US each year.  Also, 7,500 foreign flagships make 51,000 calls in US ports annually.”

DHS is also now “responsible for protecting the movement of international trade across US borders, maximizing the security of the international supply chain, and for engaging foreign governments and trading partners in programs designed to identify and eliminate security threats before these arrive at US ports and borders” (http://www.dhs.gov/dhspublic/theme_home3.jsp).

Further, in March 2003, “the responsibility for providing immigration-related services and benefits such as naturalization and work authorization were transferred from the Immigration and Naturalization Service (INS) to the U.S. Citizenship and Immigration Services (USCIS), a bureau of Homeland Security.”  As part of this function, DHS runs the US-VISIT Program, which was set up to secure our borders and expedite the entry/exit process while enhancing the integrity of our immigration system and respecting the privacy of our visitors.  Additionally, “investigative and enforcement responsibilities for enforcement of federal immigration laws, customs laws, and air security laws was transferred to the U.S. Immigration and Customs Enforcement (ICE) ... U.S. Customs and Border Protection (CBP) assumed responsibilities for protecting our borders within the Department of Homeland Security” (http://www.dhs.gov/dhspublic/theme_home4.jsp).

Finally, DHS:

    merges under one roof the capability to anticipate, preempt and deter threats to the homeland whenever possible, and the ability to respond quickly when such threats do materialize.  The department is responsible for assessing the vulnerabilities of the nation's critical infrastructure and cyber security threats and takes the lead in evaluating these vulnerabilities and coordinating with other federal, state, local, and private entities to ensure the most effective response.  DHS encourages individuals to report information concerning suspicious or criminal activity and cyber security incidents to Homeland Security (http://www.dhs.gov/dhspublic/theme_home6.jsp).

As part of this “Threats & Protection” function, DHS created the “Homeland Security Advisory System,” which “is designed to target our protective measures when specific information to a specific sector or geographic region is received.  It combines threat information with vulnerability assessments and provides communications to public safety officials and the public.”  Components of the Homeland Security Advisory System include:
 
•    Homeland Security Threat Advisories, which contain actionable information about an incident involving, or a threat targeting, critical national networks or infrastructures or key assets. They could, for example, relay newly developed procedures that, when implemented, would significantly improve security or protection. They could also suggest a change in readiness posture, protective actions, or response. This category includes products formerly named alerts, advisories, and sector notifications. Advisories are targeted to Federal, state, and local governments, private sector organizations, and international partners.

•    Homeland Security Information Bulletins, which communicate information of interest to the nation’s critical infrastructures that do not meet the timeliness, specificity, or significance thresholds of warning messages. Such information may include statistical reports, periodic summaries, incident response or reporting guidelines, common vulnerabilities and patches, and configuration standards or tools. It also may include preliminary requests for information. Bulletins are targeted to Federal, state, and local governments, private sector organizations, and international partners.

•    Color-coded Threat Level System, which is used to communicate with public safety officials and the public at-large through a threat-based, color-coded system so that protective measures can be implemented to reduce the likelihood or impact of an attack. Raising the threat condition has economic, physical, and psychological effects on the nation; so, the Homeland Security Advisory System can place specific geographic regions or industry sectors on a higher alert status than other regions or industries, based on specific threat information.

Strangely, DHS does not include the Federal Bureau of Investigation (FBI) nor the Central Intelligence Agency (CIA), nor does it have control over the Pentagon’s Defense Intelligence Agency (DIA).  Thus, three agencies that were clearly negligent in failing to stop the 9/11 attacks (even though they had information that could have led to the attack being prevented) are not under the watch of DHS.

The original head of DHS was Tom Ridge, who announced his resignation in November 2004.  He was replaced by Richard Chertoff after the first nominee to replace Tom Ridge (formed NY Police Commission Bernard Kerik) withdrew from consideration due to employing an illegal immigrant as a nanny and housekeeper (and not paying taxes for her).  According to the Washington Post, Chertoff was a federal appellate judge who was appointed by Attorney John Ashcroft to head the Justice Department's criminal division.  It was Chertoff who ordered the detention of immigrants – “not one of whom was charged with a terrorism-related crime” and many of which were “beaten and humiliated by prison officers.”

Chertoff also played a role in creating the USA Patriot Act, and Chertoff subsequently “pushed for expanded powers to conduct secret searches, steps that civil libertarians have challenged with some success in federal court.”  Chertoff also helped the wall which forbade intelligence agencies and criminal investigators from sharing information.  Finally, Chertoff offered advice to the CIA about harsh interrogation tactics used against high level al-Qaeda subjects that might violate international law.

Prior to all of this, Chertoff was a tough prosecutor who won numerous convictions of high-level offenders, including mobsters, and also was a staunch critic of racial profiling (http://www.washingtonpost.com/wp-dyn/articles/A49950-2005Jan30.html).

Other Reactions

Other reactions to the attack of September 11, 2001 include the establishment of the National Counterterrorism Center (NCC) by Executive Order, and the naming of John Negroponte as National Intelligence Director.  This was a controversial choice because Negroponte “was involved in covert funding of the Contras in Nicaragua ... and covered up human rights abuses carried out by CIA-trained operatives in Honduras in the 1980s” (http://en.wikipedia.org/wiki/John_Negroponte).  According to The New York Times, this is the man who carried out "the covert strategy of the Reagan administration to crush the Sandinistas government in Nicaragua.

The NCC has control over FBI and CIA intelligence gathering operations, but it has little control over the Pentagon’s Defense Intelligence Agency (DIA) (http://www.odni.gov/).  The DIA continues to receive the vast bulk of intelligence resources in the United States.   

President Bush also established the Terrorist Threat Integration Center (TTIC) to synthesize information collected within the United States and abroad about possible terrorist threats and the Terrorist Screening Center (TSC) to consolidate terrorist watch lists and provide continual operational support for Federal, state, and local screeners and law enforcement.  Each of these was suggested by the 9/11 Commission as was the DHS.