Tag Archives: doj

IntelWire: FBI Releases Redacted Informant Manuals In Response To FOIA

Kaye Beach
Nov. 1,  2012
Salt Lake City attorney, Jesse Trentadue,  has become legendary for his dogged determination to find the truth about his brother, Kenneth Trentadue’s brutal murder while in custody at the Federal Transfer Center located in Oklahoma City in 1995.
On August 18, 1995, Kenneth Trentadue was confined in the Federal Bureau of Prisons’ Federal Transfer Center (“FTC”) in Oklahoma City, after being arrested for a parole violation.  Two days later he was dead. When the Bureau of Prisons ruled his death a suicide his family became alarmed, knowing Kenneth had no reason to end his life. Thus began a 17-year journey to find the truth. Read more
 Jesse Trentadue has yet to gain justice for his brother, Kenneth, but he has repeatedly shined the light on many facts about the inner workings of our government, particularly the FBI that is of great benefit to the public at large.
Here is the latest.
According to a federal lawsuit filed on Oct. 18, 2012 by Trentadue;
“FBI defendants’ disturbing practice of using private citizens as spies in the media, on defense teams, in religious organizations as well as state and federal government is designed to and does result in the circumvention of the protections guaranteed to American citizens by the Bill of Rights and the Separation of Powers Doctrine.”
You can read these documents at INTELWIRE.
Sunday, October 28, 201

FBI Releases Redacted Informant Manuals In Response To FOIA

Documents obtained by Salt Lake City attorney Jesse Trentadue reveal new details about the FBI’s rules of conduct for informants.

The FBI released 147 pages of heavily redacted manuals and policies related to the use of informants, in response to a FOIA request by Trentadue, who is engaged in a years-long lawsuit with the FBI over documents related to the Oklahoma City bombing.

Read the documents here

Read more from INTELWIRE

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TalkingStickTV – Jesse Trentadue – Death, Lies, and Revenge in Federal Custody

Kaye Beach

Sept. 12, 2012

A must watch!  Video of Jesse Trentadue telling his story below.

THE TRENTADUE CASE: NO TIME TO MOURN

On August 18, 1995, Kenneth Trentadue was confined in the Federal Bureau of Prisons’ Federal Transfer Center (“FTC”) in Oklahoma City, after being arrested for a parole violation.  Two days later he was dead. When the Bureau of Prisons ruled his death a suicide his family became alarmed, knowing Kenneth had no reason to end his life. Thus began a 17-year journey to find the truth.  Led by his ever persistent brother Jesse Trentadue, a Salt Lake City attorney, his family began to discover the facts of Kenneth’s death.  Jesse brought forth undisputed physical evidence and key witnesses to indicate his brother’s death was something other than suicide and revealed a government cover-up. A legal battle between the Trentadue family and the Federal Bureau of Prisons, F.B.I., and the Department of Justice ensued. Jesse Trentadue fought tirelessly in an epic battle through the court systems, including three appeals to the 10th Circuit of Court Appeals, seeking justice for his brother.   That justice, however, never came.

Instead, the Trentadue family’s quest for justice for a murdered husband, son and brother, has uncovered a corrupt and ugly side of the U.S. Department of Justice and  F.B.I. that many will have difficulty believing, evidence such as the existence of the “I-Drive,” “S-Drive,” “June Files” and “Zero Files” in which the F.B.I. buries evidence and records to keep those materials out of the hands of defense counsel in criminal cases and away from Freedom of Information Act requests.  Another disturbing fact uncovered by the Trentadue family in their almost two decade long war with the Department of Justice and F.B.I. has  been “PATCON,” an undercover operation involving then Deputy Attorney General Eric Holder that was in place throughout the 1990s.  An acronym for “Patriot Conspiracy,” PATCON was designed to infiltrate and incite the political and religious right so that they could be neutralized as a political force.  Perhaps most disturbing of all is the recent revelation that for many years the F.B.I. has had a program in place, complete with operations manuals, for recruiting and placing informants on the staffs of federal judges, in the offices of United States Senators and Congressman, within the top management of the national media, among the clergy, on defense teams in major criminal prosecutions and inside of local law enforcement and other federal agencies.  The following website provides additional background about the Trentadue case:  http://www.kennethtrentadue.com

If the video is not working properly, here is a link

Secretary Napolitano Meets with State, Local, and Tribal Law Enforcement on Countering Violent Extremism

Kaye Beach

Jan 18, 2011

Get ready for more top down imposition and pressure on our police forces in order to “prevent violent extremism”

As near as I can tell, an “extremist,” in the eyes of this government,  is anyone that takes issue with its policies, actions or aims which means that there is a whole lot of those extremists and more of them are being minted daily.

The best way to prevent “violent extremism” is to ensure that the ordinary, common garden variety  “extremists” are thoroughly monitored and intimidated. In this way they can be completely disabused of their unacceptable ideas, thoughts or philosophies.   This, my friends,  means nothing good for our rights.  Freedom of speech and association, the right to petition our government for redress of grievances, the right to freely travel and more will keep taking the hits under the guise of keeping us safe.

Congress has a 9% approval rating. 

Only Fidel Castro is more unpopular (at least by this chart) than Congress.  Don’t you think it is odd that in the face of this dismal fact they keep on plowing ahead with travesties like the NDAA?  Isn’t it weird that they keep forcing upon us laws that the majority of us are appalled at?  It’s not so weird really.  They can’t possibly hope to win us over with what they are doing.  I think they are banking on controlling us instead.  Mark my words.  Before long it will be a rare American that will be able to avoid the ugly side of Big Momma Gov. hell bent on rooting out thought criminals.

Happy Hunting Homeland Security and good luck in Oklahoma!  Even our cops will look like extremists to you.

 

Secretary Napolitano Meets with State, Local, and Tribal Law Enforcement on Countering Violent Extremism

Release Date: January 18, 2012

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

WASHINGTON—Secretary of Homeland Security Janet Napolitano today joined Attorney General Eric Holder and Assistant to the President for Homeland Security and Counterterrorism John Brennan at the White House to meet with senior state, local and tribal law enforcement officials to discuss the Obama administration’s Strategic Implementation Plan for Empowering Local Partners to Prevent Violent Extremism in the United States—released in December—and engage them on the critical task of preventing violent extremism in their communities. Attendees included sheriffs and chiefs of police from across the country, including representatives from the International Association of Chiefs of Police, Major Cities Chiefs Association, National Sheriffs’ Association, National Native American Law Enforcement Association, Governors Homeland Security Advisors Council, and Criminal Intelligence Coordinating Council.

“Engaging local communities is critical to our nation’s effort to counter violent extremism and violent crime, and this meeting brings together many of our partners,” said Secretary Napolitano. “The Department of Homeland Security will continue to collaborate with our state and local law enforcement partners and engage the public in our efforts to combat violent extremism, while protecting civil rights and civil liberties.”

During the meeting, Secretary Napolitano underscored DHS’ efforts to support local communities by enhancing existing partnerships to focus on information-driven community-based solutions, building government and law enforcement expertise, supporting community oriented policing practices and expanding grant prioritization to counter violent extremism and violent crime regardless of ideology. In addition, DHS is continuing to implement recommendations from the DHS Homeland Security Advisory Council Countering Violent Extremism Working Group, such as developing a curriculum for state, local, tribal, and territorial law enforcement focused on a community-oriented policing approach to countering violent extremism and violent crime. DHS’ Office for Civil Rights and Civil Liberties also works to educate communities and state, local, tribal, and territorial law enforcement on cultural awareness across the nation.

Secretary Napolitano also reiterated President Obama’s call for Congress to take action to prevent layoffs of law enforcement and first responders, and keep our communities safe by passing legislation such as the American Jobs Act. The legislation would provide $5 billion in assistance to states and local communities to create or save thousands of law enforcement and first responder jobs across the country.

Over the past year, DHS has worked with the Department of Justice on the Nationwide Suspicious Activity Reporting Initiative (NSI)—an administration effort to train state and local law enforcement to recognize behaviors and indicators related to terrorism, crime and other threats; standardize how those observations are documented and analyzed; and ensure the sharing of those reports with the FBI-led Joint Terrorism Task Forces for further investigation.

DHS has also collaborated with federal, state, local, and private sector partners, and the general public, to expand the “If You See Something, Say Something™” campaign. Originally implemented by New York City’s Metropolitan Transportation Authority and now licensed to DHS for a nationwide campaign, the “If You See Something, Say Something™” campaign is a simple and effective program to engage the public to identify and report indicators of terrorism, crime and other threats to the proper transportation and law enforcement authorities.

DHS will continue to expand the “If You See Something, Say Something™” campaign nationally to ensure America’s businesses, communities, and citizens remain vigilant and play an active role in keeping the country safe.

For more information, visit www.dhs.gov/cve.

Eric Holder, Time to Pay Your Trentadues?


 Kaye Beach

Dec 20, 2011

Attorney General Eric Holder certainly has much to answer for and it is  even possible that after so many years, the Attorney General might be close to paying his dues to the Trentadue family for his role in obstructing the investigation into the death of Kenneth Michael Trentadue back in 1995.

Right now, all eyes are on Fast and Furious, a program of the ATF that was overseen by the DOJ with Holder at the helm of  that agency.

Operation Fast and Furious

Members of Congress calling for Attorney General Eric Holder’s immediate resignation
WASHINGTON – New documents obtained by CBS News show Attorney General Eric Holder was sent briefings on the controversial Fast and Furious operation as far back as July 2010. That directly contradicts his statement to Congress.

http://www.cbsnews.com/8301-31727_162-20115038-10391695.html

The public is rightfully angry and they have their eyes trained on Holder so it is no surprise that a recent article posted by the American Free Press attacking Attorney General Holder caught some attention.  The problem with the article is that it was inaccurate and unsubstantiated.

It wouldn’t be worth mentioning except that the flawed information could do a real disservice to a gentleman that has been working for years to try and right a wrong and in the process has uncovered a huge amount of damning information related to the OKC bombing and been a great thorn in Eric Holder’s side to boot.

Articles like the one put out by the AFP (which has been removed as of yesterday) are a distraction from the facts which are explosive enough that they need no embellishment.

Jesse Trentadue is a Salt Lake City attorney and was recently interviewed about his ongoing efforts to obtain justice for his brother in the newly released documentary “A Noble Lie“. He has been pursuing justice for the murder of his brother, Kenneth Trentadue, since 1995.  Kenneth died while he was in federal custody at the Oklahoma City Federal Transfer Center and the federal government, including Eric Holder, has blocked any investigation of Kenneth Trentadues’ death at every turn.

“Trentadue’s and Trentadon’ts” is telling verbiage used in email memos  obtained by Jesse Trentadue from the DOJ in which  the coverup is referred to as the “Trentadue Mission” and is characterize  as being like the “The Invasion of Normandy”

“Mr. Holder’s job was to cover-up my brother’s murder, basically to stop all inquiry,” said Trentadue, saying the e mails were “inflammatory,” referring as they do to “Trentadue’s and Trentadon’ts”. link

The erronous AFP article makes the allegation that Eric Holder managed an FBI operation that provided explosives to Tim Mcveigh and Terry Nichols right before the OKC bombing.  AFP attributes this information to documents produced as a result of Jesse Trentadue’s legal battles over the death of his brother.   The information revealed by Jesse Trentadue’s battle is eye opening and incredibly important but what is alleged by AFP  is not what these documents show.

Distortion of the facts produces sensational headlines like this;

AG Eric Holder was responsible for 168 deaths in the 1995 Oklahoma City bombing…and more

These writers seem to have their facts mixed up which is a shame because there really is a story here that deserves to be told correctly and with the correct source documents.  Others in the blogosphere have noted the same.  Here and here

The AFP writes;

Eric Holder, current attorney general of the United States, managed an FBI operation that provided explosives to Timothy McVeigh and Terry Nichols just prior to the bombing of the Alfred P. Murrah Building in Oklahoma City on April 19, 1995, according to official documents released during the ongoing investigation into government foreknowledge of the supposed terrorist attack.

. . . Holder had authorized the FBI to provide explosives to Nichols and McVeigh, then lost track of both the explosives and their targets

http://americanfreepress.net/?p=1885&mid=5572  (The article has been removed.)

Another inaccuracy that should be addressed is that the AFP mistakenly identifies Kenneth Trentadue as a government informant.   Kenneth Trentadue was probably  killed due to a case of mistaken identity.  The person that Kenneth was mistaken for could have been a government informant but nothing at all suggests that Kenneth himself was.

I spoke with Jesse Trentadue by phone yesterday afternoon about the AFP article and here is what he had to say about the matter;

“Mr. Holder has done a lot for which he should be impeached.  However, he did not become Deputy Attorney General until 1997, which was two years after the Oklahoma City Bombing.  Mr. Holder, therefore, obviously had no, direct or indirect, involvement in the Bombing itself.”

He doesn’t let Holder off easy though.

 “That said, I believe that the Oklahoma City Bombing was some how related to a sting operation by the FBI called “PATCON,” which was in operation throughout most of the 1990s and Mr. Holder most certainly would have known about PATCON.  I also believe that Mr. Holder, as Deputy Attorney General, helped to keep the truth about the Oklahoma City Bombing from the American people.”

PATCON   Short for “Patriot Conspiracy”, is a very interesting FBI operation that is threaded through some of the most shocking acts of violence that occurred in the 1990’s. Information regarding PATCON  has been very tough to uncover, however that may be changing.

From a Nov 21, 2011 posting by the Sipsey Street Irregulars;

I also knew from sources, living and dead, that PATCON was the worst scandal that the FBI ever perpetrated. PATCON could sink the FBI, perhaps permanently, and along with the Gunwalker Scandal, totally discredit the teflon coating that the Bureau has excreted around its corrupt core

. . .And now we know what a cabal of New York editors under pressure from a frightened FBI and nervous White House can do to the story of the greatest crime ever perpetrated by the Federal Bureau of Investigation — they can gut it, reducing it almost to innocuousness, all to protect criminals who hide behind federal badges and to shield the politicians who sent them.

. . .Sources in advance of the story said that FBI was very afraid of this article. “They don’t want PATCON mentioned,” said one source. “Not ever, by anybody. Because it leads to OKBOMB (the FBI name for the Oklahoma City bombing case), Elohim City (Oklahoma, a Christian Identity community), (German undercover agent Andreas Carl) Strassmeier, the McVeigh-Strassmeier connection, the Aryan Republican Army, the whole shebang.”

Read more-SSI EXCLUSIVE: The “Patriot Conspiracy” fix at Newsweak. Tina Brown guts a story to protect Democrats & the FBI. “PATCON will get you killed.”

Read more Here and here

I recommend keeping a close eye on the Sipsey Street Irregulars for dependable information regarding this story.  We may indeed be in the verge of a great unraveling as hinted to by SSI in their Nov 21, article;

There are many more dark corners of PATCON that have yet to be explored and Mr. Matthews will certainly be an excellent tour guide for some enterprising reporter who doesn’t work for Tina Brown and who is willing to get to the truth.

There are even links from PATCON to the Gunwalker Scandal.

. . .Future articles here at Sipsey Street will explore the details of the murder of Kenney Trentadue and Eric Holder’s role in covering them up. It will also deal with the tale of how a U.S. Attorney in Arizona made the proffer to McVeigh associate Michael Fortier in order to flesh out the “lone bomber theory” and divert attention away from Elohim City, the Aryan Republican Army and federal undercover informant Andreas Carl Strassmeier.

The name of that United States Attorney was Janet Napolitano.

Read more

Disregard disinfo and keep pressing for the truth.  If you want to get current on the facts of the Oklahoma City Bombing, get a copy of the newly released documentary by Free Mind Films; A Noble Lie, Oklahoma City 1995.

My review of A Noble Lie

If you are not familiar with the death and cover up of Kenneth Michael Trentadue, here are some links to follow.

This  legal brief lays out what Jesse Trentadue had discovered as of 2009,  as a result of his ongoing battle with the federal government to find out what happened to his brother Kenneth and why.

2009 Court Brief

Intelwire has a library of the Trentadue and related documents available.

Fred Jordan, as chief medical examiner, vents his frustration in having his investigation stymied at every turn in this 1997 FOX25 newscast.

http://www.youtube.com/watch?v=86hZhcjZHE8

Senator Orrin Hatch follows suit

http://www.youtube.com/watch?v=LGfEkvpsKAs

Covering up murder

In a letter [dated Dec.  19 2008] to Senate Judiciary Committee Chairman Patrick Leahy late last week, Trentadue charged that Eric Holder — a Deputy Attorney General during the Clinton Administration — took part in covering up the alleged murder of Trentadue’s brother, Kenneth, in August 1995. Trentadue included copies of several internal Justice Department documents which he alleges show Holder’s role in a cover-up.

Read the letter and documents

From What Really Keeps Eric Holder Awake At Night
From the Corbett Report, April 17, 2011

 Requiem for the Suicided: Kenneth Trentadue

http://www.corbettreport.com/episode182-kenneth-trentadue/

The Corbett Report also provides documentation for the issues discussed.

Oklahoma Joint Committee Meeting on Healthcare Reform OK-SAFE Covers IT, Security and Privacy Issues

Kaye Beach

Nov 3, 2011

I attended the fourth Joint committee meeting on the effect of the federal healthcare reform laws on the state of Oklahoma.

Of course the highlight of the day, for me, was Amanda Teegarden’s presentationHealthcare Reform –
IT, Security & Privacy Issues/Concerns
, on behalf of OK-SAFE.

Amanda presented a clear, lucid and powerful 45 minute presentation of the research she has spent months working on.

The presentation laid bare the ugly guts of the federal health care reform by describing it by its most basic components.

}Health Care Reform – is really about the use of IT to implement a nationwide health information network (NHIN), that will enable the seamless flow of information across boundaries, and that allows a growing global surveillance system to function.

And that;

}Electronic Health Records  – Reform is predicated on the creation of a standardized, interoperable electronic health record (EHR) on every single individual
This system is;
}Cradle-to-Grave – EHRs are used for data collection, aggregation and reporting and are intended to track a person from birth to death. (Longitudinal)
And;
}EHRs are universal and to be shared globally – not only within our government, but with foreign governments, universities, and other third parties.
}Requires Standardization and Interoperability – to establish uniformity and compatibility in data collection, regardless of jurisdiction
It gets really personal;
}EHRs include each person’s genetic information – and will be used for research purposes without the knowledge or consent of the person
Not to mention;
}Rights killing – Health care reform, and other data collection networks, do an “end-run” around search warrants and nullify our inherent rights to life, liberty and property.

The presentation was split into six sections

Part I The Federal Data Hub/IT/Digital Everything

Part II Health Care Reform Defined/National Standards/Global Adoption

Part III Office of the National Coordinator/                                             Government+Industry +Academia = PPPs /One “Fused” System

Part IV State Initiatives

Part V Privacy & Security

Part VI Conclusion

Your personal, medical information flows from you to the health IT data collection system to the prying eyes of the federal government and research universities to the private sector and even foreign organizations.


Especially noteworthy were the points made about the inclusion of health information into law enforcement and intelligence data fusion.

Fusion Center: A collaborative effort of two or more agencies that provide resources, expertise, and/or information to the center with the goal of maximizing the ability to detect, prevent, apprehend, and respond to criminal and terrorism activity. Source: Recommended Fusion Center Law Enforcement Intelligence Standards March 2005

Purpose – the elimination of any barrier to information exchange and sharing, regardless of jurisdiction.  Information is to be shared nationally and internationally.

As noted in the notes section of slide 31;

The Fusion Center Guidelines have now been updated to incorporate public health and health care community information.

This is possible due to policy changes allowing the seamless flow of information across boundaries, and because all state systems, including the health care system use common sets of standards and are interoperable.  Both the Fusion Centers and the Health Care System are NIEM Compliant – both are part of the Nationwide Health Information Network.

The result – one fused system.

Read more about the integration of “public health and healthcare communities into the homeland security intelligence and information sharing process.” here

and here- Health Security: Public Health and Medical Integration for Fusion Centers

In short, when it comes to privacy, there is none.

Slide 41 touches up our medical and genetic information used for research purposes.

There are a few other surprises and outrages contained in the presentation, so be sure to take a look at it.

Amanda concludes;

The American People Are NOT Slaves – Nor simply ‘carbon-based life forms’[as one federal document refers to us]

Government, via health care reform and other federal initiatives, is establishing a globally networked and integrated  intelligence enterprise – one that includes an extraordinary amount of extremely personal, detailed information about the America people.

Government, in it’s attempt to be an all-knowing technocratic “god” and to satisfy the IT industry’s insatiable, ever-changing appetite, is doing an end-run around human dignity and nullifying our God-given rights to life, liberty and property.

And gives the joint committee seven recommendations;

1.Repent – not kidding here
2.Do not establish a state-based Health Insurance exchange – it will be the same as the Federal government’s version
3.Allow people to escape HIT/HIE system without penalty;  do not penalize providers who opt not to adopt EHRs or participate in this system
4.Repeal state laws that prohibit individuals from seeking alternative health care services,  i.e. homeopathic medicines or non-traditional treatments
5.Terminate the Oklahoma Health Information Exchange Trust
6.Audit the Oklahoma Health Care Authority – expenses outweigh benefits
7.Adhere to the OK Constitution – work to restore liberty

View OK-SAFE’s presentation here

Go to  www.okhealthcare.info for information on this and past joint committee meetings.

FBI to launch nationwide facial recognition service

Kaye Beach

Oct 9, 2011

This is just the tip of the iceberg….

From NextGov.com

By Aliya Sternstein 10/07/2011

The FBI by mid-January will activate a nationwide facial recognition service in select states that will allow local police to identify unknown subjects in photos, bureau officials told Nextgov.

The federal government is embarking on a multiyear, $1 billion dollar overhaul of the FBI’s existing fingerprint database to more quickly and accurately identify suspects, partly through applying other biometric markers, such as iris scans and voice recordings.

Often law enforcement authorities will “have a photo of a person and for whatever reason they just don’t know who it is [but they know] this is clearly the missing link to our case,” said Nick Megna, a unit chief at the FBI’s criminal justice information services division. The new facial recognition service can help provide that missing link by retrieving a list of mug shots ranked in order of similarity to the features of the subject in the photo.

Read more

Looking Back-A Refresher

A compulsory global biometric identification system for law abiding people is not, will never be justifiable.

Our government seems to have backed off on their denials that Real ID and similar legislation is in fact, a national ID.  But what you should know is that any national ID system is also international.  It’s all about sharing these days and that means with our “international Partners’ too

The following is just a mere sampling of news articles, government documents and sources of information that clearly show the absolute intention to use our state driver’s licenses and the biometric data collected for them, as a an instrument of global identification,  tracking and control.

2003

Viisage receives $12 million award from Oklahoma

FEBRUARY 19, 2003–Viisage Technology Inc. (Littleton, MA; http://www.viisage.com) has been chosen to fulfill the new digital driver’s license contract by the state of Oklahoma’s Department of Public Safety. The contract will include the design, development, and implementation of the statewide secure license production program. The total value of this new multiyear contract is approximately $12 million. Oklahoma is the 19th state to utilize Viisage in the production of identity verification documents and the third state in recent months to give Viisage a major driver’s license contract. The three latest contracts total approximately $35 million. The solution will integrate multiple, advanced identification security features, including FaceEXPLORER facial-recognition software and SAGEM Morpho finger imaging technology

http://tinyurl.com/ViisageOKla

Oklahoma has collected Face, Fingerprint scans and signature biometrics since 2004

Biometric Drivers Licenses Make Debut in Oklahoma

April 20, 2004

SAGEM Morpho, Inc. a proven provider of mission-critical biometric systems and services, announced the successful deployment of biometric technology solutions for the Oklahoma Department Public Safety (DPS) in conjunction with Viisage, a provider of advanced technology identity solutions. SAGEM Morpho will combine its finger imaging recognition technology with Viisage’s facial recognition technology to create accurate biometric records of the state’s approximately four million licensed drivers.  http://www.tmcnet.com/usubmit/2004/apr/1033349.htm

NLETS the International Justice and Public Safety Information Sharing Network, links together every state, local, and federal and International law enforcement (INTERPOL), justice and public safety agency for the purpose of exchanging critical information http://www.nlets.org


2004

The NLETS Candle Project In a related NIJ-funded project, NLETS is working with the American Association of Motor Vehicle Administrators (AAMVA) to standardize critical information from departments of motor vehicles (DMVs) around the country.

The project, entitled Collaboration between AAMVA and NLETS for Driver’s License Exchange (Candle), seeks to develop and deploy standards and solutions to exchange standardized driver and motor vehicle records over the NLETS network.

Candle builds upon the existing NLETS infrastructure, as well as the Web services advancements made in the Aisle project, and seeks to deploy an international capability for driver and motor vehicle exchanges based upon XML standards, greatly increasing the efficiency. . .

The Candle project provides a first step in transitioning AAMVA to a new generation of technology. This effort will result in consolidating interstate DMV transactions into a single standardized service for both the DMV and law enforcement communities.

From The Police Chief, vol. 71, no. 6, June 2004. 
Copyright held by the International Association of Chiefs of Police,
 515 North Washington Street, Alexandria, VA 22314 USA.

AAMVA was directly involved in the crafting of the Real ID Act 2005. In the DHS-published final rules document for the Real ID Act, the AAMVA was referred to as its “hub” and “backbone.”’ UPDATE: Real ID

2006

Source-THE NEW PARADIGM—MERGING LAW ENFORCEMENT AND COUNTERTERRORISM STRATEGIES Secure Cities 2006 http://www.scribd.com/doc/21970726/IACP-Intelligence-Led-Policing-2006-New-Paradigm

2007

SB 474-Oklahoma prohibited participation in the REAL ID in 2007. (So far, 25 states either by law or resolution have done the same) Although Oklahoma lags behind other states in full implementation of Real ID, there is no reason to believe Oklahoma will not eventually come into full compliance with the act.

2007

FBI Seeks to Build Massive Identification System

 The Federal Bureau of Investigation awarded a $1B, 10-year contract to design, develop, document, integrate, test, and deploy the Next Generation Identification (NGI) System to Lockheed Martin. This new database will expand on the current fingerprint-based system; the FBI will increase its collection and storage not only fingerprints but also iris scans, palm prints and facial images.

The FBI is also in talks with the U.K. police to establish a unified database for the tracking of this biometric information.

The UK has said that the new NGI System could easily be integrated with the U.K.’s current Ident1 database

http://epic.org/privacy/biometrics/

2007 News article;

–The Homeland Security Department’s plans for sharing biometric information internationally designed to counter the threat of terrorism — face resistance from domestic privacy advocates and European governments that follow stricter privacy laws that protect personal data.

Senior DHS officials speaking at a recent conference on biometrics and privacy policy outlined the ethical imperative for technical standards that would foster unrestricted biometric data sharing.

Robert Mocny, acting program manager for the U.S. Visitor and Immigrant Status Indicator Technology program, sketched the outline of a Global Security Envelope of internationally shared biometric data that would permanently link individuals with their personal data held by governments and corporations.

“information sharing is appropriate around the world,” and DHS plans to create a “Global Security Envelope of internationally shared biometric data that would permanently link individuals with biometric ID, personal information held by governments and corporations”

—-Robert Mocny

Read more… http://www.gcn.com/print/26_03/43061-1.html

2007 The National Information Sharing Initiative ;

The Bush Administration’s 2007 National Information Sharing Strategy established state and local fusion centers as the federal government’s primary mechanism for collecting and disseminating domestic intelligence. 

The federal government has fueled the growth of these state and local intelligence centers, and has organized them into a national network that feeds information gathered at the local level into the Director of National Intelligence’s Information Sharing Environment (ISE), where it becomes accessible to all participating law enforcement agencies as well as the larger intelligence community. Link

The Biometric Interoperability Program promotes biometric-based information sharing between the Federal Bureau of Investigation’s (FBI) Integrated Automated Fingerprint Identification System (IAFIS) and other federal and international biometric systems.

http://www.biometriccoe.gov/_doc/FBI_CJIS_0808_One%20Pager_8%205x11_BIOMETRICS_v3.pdf

2008 -Fusion Centers Tap Into Personal Databases

Many fusion centers have not shared with the public what databases they use. This was demonstrated in an April 2, 2008 article in The Washington Post titled “Centers Tap into Personal Databases.” It revealed that several fusion centers in the northeast have access to millions of people’s information including unlisted cell phone numbers, insurance claims, driver’s license photographs

–Rebecca Andino, PMP, CIPP/G, president and founder of Highlight Technologies

______________________________

Ann Cavoukian, Ph.D. (Information and Privacy Commissioner for Ontario) and Alex Stoianov, Ph.D. point out that in the not too distant future a person’s unique biometric template could be used as an identifying key to link together all the different databases that contain entries for that person. It would enable someone to build up a complete picture of that individual without their knowledge or consent.

“When the use of biometrics grows, an ordinary person will be enrolled in various biometrically controlled databases, such as travel documents, driver licenses, health care, access control, banking, shopping, etc. Current biometric systems can use the same biometric template for all of them. The template becomes the ultimate unique identifier of the person. This is where biometric data mining comes into effect: the different databases, even if some of them are anonymous, may be linked together to create comprehensive personal profiles for all the users. To do this, no fresh biometric sample is even required. The linking of the databases can be done offline using template-to-template matching, in a very efficient one-to-many mode. The privacy implications explode at this point.”

 

2008

DHS Human Factors Division:  Social-Behavioral Threat Analysis

Mission:

To apply the social, behavioral and physical sciences to improve identification, analysis, and understanding of the threats posed by individuals, groups, and radical movements; to support community preparedness, response, and recovery to catastrophic events; and to advance national security by integrating the human element into homeland security science & technology. http://www.scribd.com/doc/27037194/Behave-Fast-Tsadhs

MONITORING EVERYDAY BEHAVIOR

In April 2008, the Wall Street Journal and the Los Angeles Times both reported on a new Los Angeles Police Department order that compels LAPD officers to begin reporting “suspicious behaviors” in addition to their other duties—creating a stream of “intelligence” about a host of everyday activities that, according to documents, will be fed to the local fusion center.


LAPD Special Order #11, dated March 5, 2008, states that it is the policy of the LAPD to “gather, record, and analyze information of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism,” and includes a list of 65 behaviors LAPD officers “shall” report. The list includes such innocuous, clearly subjective, and First Amendment protected activities as:

– taking measurements

– using binoculars

– taking pictures or video footage “with no apparent esthetic value”

– abandoning vehicle

– drawing diagrams

– taking notes

– espousing extremist views

LAPD’s Program is now the Nationwide SAR Initiative (NSI)

Nationwide SAR Initiative Vision: By 2014, every Federal, State, local, tribal and law enforcement entity operating domestically will participate in a standardized integrated approach to gather, document, process, analyze, and share terrorism-related suspicious activity

28 C.F.R. part 23

28 CRF Part 23 is a US Federal Code that basically says you cannot be entered into a criminal data system unless you are a legitimate suspect.  Not so anymore.

The April 2003 GIWG meeting minutes record approval for the weakening of 28 CFR 23 and note that GIWG member Daniel J. Oates indicated he was excited about the proposed changes to 28 CFR Part 23, specifically the area dealing with changing the reasonable suspicion collection criteria to reasonable indication. If the rule is passed, officers on the street can gather small bits of information that can be entered into an intelligence database. Under the old standard, this could not be done. Read more

28 C.F.R. Part 23 was promulgated pursuant to 42 U.S.C. §3789(g)(c) which requires state and local law enforcement agencies receiving federal funding  to

“…collect, maintain, and disseminate criminal intelligence  information in conformance with policy standards which are  prescribed by the Office of Justice Programs and which are written to  assure that the funding and operation of these systems further the purpose of this chapter and to assure that some systems are not  utilized in violation of the privacy and constitutional rights of individuals.

 

Why did we need 28 CFR 23?dep

The Department of Justice Office of Justice Programs (OJP) in 1993 explained;

“Because criminal intelligence information is both conjectural and subjective in nature, may be widely disseminated through the interagency exchange of information and cannot be accessed by criminal suspects to verify that the information is accurate and complete, the protections and limitations set forth in the regulation are necessary to protect the privacy interests of the subjects and potential suspects of a criminal intelligence system.”

They have decided that now-we are no longer due these legal protections.

It actually took them until 2008 before the desired weakening of federal code was officially achieved

In July  2008, the Department of Justice proposed a rule to amend the primary federal regulation governing criminal intelligence databases (28 CFR Part 23) to expand both what information can be collected by law enforcement agencies, and with whom it may be shared.  (see 73 Fed. Reg. 44673) read more

. . .the Department of Justice has relaxed restrictions on when the Federal Bureau of Investigation can begin investigations, and worked to increase intelligence-sharing among local, state, and federal law enforcement agencies as well as with federal (intelligence) agencies in ways that will compromise civil liberties (through a change in federal regulation 28 C.F.R. part 23).

Read more FBI Guidelines 28 C.F.R. part 23

2008

Comments on proposed amendments to 28 Code of Federal

Regulations Part 23 –

. . .intelligence fusion centers universally claimed  compliance with 28 CFR Part 23 as the appropriate regulation governing the conduct of  their intelligence collection efforts.

The Congressional Research Service reported that “many state and local law enforcement and fusion center staff” expressed concerns regarding sharing law enforcement sensitive information with non-law enforcement personnel including analysts working under contract to the Department of Homeland Security.10

In January 2008 the Director of National Intelligence (DNI) published “functional standards” for suspicious activity reports (SAR) produced by state and local law enforcement.

The DNI standards actually encourage state and local law enforcement to report non-criminal suspicious activities to the intelligence community by defining the scope of suspicious activity as “observed behavior that may be indicative of intelligence gathering or pre-operational planning related to terrorism, criminal, or other illicit intention.”

READ MORE

Oklahoma Information Fusion Center Privacy Policy;

The OIFC may retain information that is based on mere suspicion, such as tips and leads. Suspicious Activity Reports (SAR) information will be retained in the future once the SAR project is finalized and guidelines are issued to Fusion Centers.  http://www.scribd.com/doc/24732421/Oklahoma-Information-Fusion-center-Privacy-Policy

**Please Note-This is NOT a genuine OIFC Notice. If the OIFC files a suspicious activity report on you-You would never know it.

Nationwide Suspicious Activity Reporting Initiative IJIS (Fusion Centers)

http://www.scribd.com/doc/41496999/Nationwide-Suspicious-Activity-Reporting-Initiative-IJIS-Fusion-Centers

NSI

http://www.scribd.com/doc/21970535/Nationwide-SAR-suspicious-activity-reports-Initiative

SAR and Amtrak

http://www.scribd.com/doc/44933611/Nationwide-SAR-Initiative-Partnership-With-Amtrak

Oct. 20, 2008

International Police Organization Proposes Worldwide Facial Recognition System.

An Interpol face-recognition database would permit Interpol member nations to search records containing travelers’ personal biometric information, and could be used in conjunction with travel watch lists.

“There will be such a large role in the future for fingerprints and facial recognition”

— Mark Branchflower, head of Interpol’s fingerprint unit

2009

BIOMETRICS TASK FORCE

http://www.scribd.com/doc/26083198/Army-War-College-Bio-Metrics-Task-Force-April-15-2009

Across All Government Biometric Information Coordination

Collaboration Data Sharing Biometrics Mission Sets Population Census Targeting / Tracking Base & Checkpoint Security Police, Military, & Govt. Official Vetting Border Control / Ports of Entry (POEs) Detainee Operations

2008-2009

Homeland Security Presidential Directive 24, signed in 2008 and revalidated in 2009 by the current administration, mandates that interoperability with respect to biometrics spans the military, civil, and criminal arenas.

http://www.biometrics.dod.mil/Newsletter/issues/2009/Sep/V5issue3.html

FBI delves into DMV photos in search for fugitives

October 12, 2009

RALEIGH, N.C. — In its search for fugitives, the FBI has begun using facial-recognition technology on millions of motorists, comparing driver’s license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes.

The project in North Carolina has already helped nab at least one suspect. Agents are eager to look for more criminals and possibly to expand the effort nationwide. But privacy advocates worry that the method allows authorities to track people who have done nothing wrong.

http://www.publicintelligence.info/fbi-delves-into-dmv-photos-in-search-for-fugitives/

October 13, 2009

According to the AP’s report, the FBI has assembled a panel of experts tasked with standardizing drivers license photos and push use of biometric-mining nationwide. But the value of mining DMV records with the biometric software is limited for one simple reason, expressed perfectly by Marc Rotenberg of the Electronic Privacy Information Center. “We don’t have good photos of terrorists,” he explains.

 “Most of the facial-recognition systems today are built on state DMV records because that’s where the good photos are

http://www.thetruthaboutcars.com/fbi-mining-dmv-photos-for-fugitives

Fusion Centers “fuse” information shared between Military and Civilian forces, Public and Private Institutions, State Federal and International Governments.

September 15, 2009

WASHINGTON – The Department of Homeland Security (DHS) announced Monday that it was giving state and local fusion centers access to the classified military intelligence in Department of Defense (DOD) databases. The federal government has facilitated the growth of a network of fusion centers since 9/11 to expand information collection and sharing practices among law enforcement agencies, the private sector and the intelligence community.

http://www.aclu.org/national-security_technology-and-liberty/fusion-centers-obtain-access-classified-military-intelligen

2009 Biometric Consortium Conference

Biometric Enabled Intelligence has been a powerful tool in the law enforcement community, linking individuals to events, evidence and ultimately to solved crimes. That same concept can make biometrics a so what enabler of military operations, physical security, logical security, and forensic analysis by linking people, places, activities and events.

As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations

Mrs. Del Greco initiated two high profile, multi-million dollar  development efforts: “Next Generation Identification” (NGI), which will expand biometric and criminal history capabilities; and “Biometric Interoperability”, which will ensure information sharing between the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and other key biometric-based systems within the Federal Government and international partners

http://biometrics.org/bc2009/bios/delgreco_k.pdf

 

 Tag!  You’re It!

“Face recognition already exists through photo IDs, which can be used of individuals that are not enrolled”

http://www.scribd.com/doc/44675297/Sensor-Nets-the-Business-of-Surveillance

2010

Stripping Away Anonymity-The Secretary of Defense Funding Doc

“Biometrics technologies can be used to both verify an individual’s claimed identity and, when combined with additional intelligence and/or forensic information, biometrics technologies can establish an unknown individual’s identity, thus stripping away his anonymity. “

“This program will develop the technology that will improve the quality of biometrics derived information provided to the operational forces for the purpose of identifying and classifying anonymous individuals. It will enable execution of a DoD and interagency coordinated biometrics science and technology plan that supports technology transition to acquisition programs in FY10 and the out-years.”

See the document; www.dtic.mil/descriptivesum/Y2010/OSD/0603665D8Z.pdf

 

2010

Biometrics Identity Management Agency (BIMA)

Warfighter, Business, Intelligence, and Security & Law Enforcement

The Department of the Army General Order (DAGO) 2010-06, signed by the Secretary of the Army (SecArmy), redesignated BTF (biometrics task force) as the Biometrics Identity Management Agency (BIMA) on 23 March 2010.

Sept 1, 2010

Get REAL . . .

But open rebellion against REAL ID, which was so heated two or three years ago, has calmed considerably. States are no longer lining up to add themselves to the list of those refusing to fund of implement the federal law’s requirements.

Instead, many state motor vehicle departments are quietly doing the work to meet the law’s initial 18 benchmarks. According to DHS, all but the 14 holdout states say they’ll be able to meet the law’s operational requirements by the end of this year.

Read more

June 22, 2011

Making REAL ID a Reality: Next Steps for Congress

At least 32 states are close to REAL ID material compliance, while a total of 44 states and territories have indicated that they fully intend to meet REAL ID compliance

State unveils new, secure driver’s license

Starting Monday, Alabama residents will be able to obtain a new, more secure form of identification.In compliance with REAL ID Act of 2005, the Alabama De­partment of Public Safety has developed a driver’s license and identification program called STAR I.D. Congress passed the REAL ID Act in re­sponse to acts of terrorism against the United States.

Connecticut to begin controversial Real ID program

Connecticut launched a campaign today to publicize how to obtain a drivers license that meets the stricter verification standards of a federal “Real ID” law passed in 2005, but never implemented in face of objections from two dozen states

And Many. Many more!

S is for Secret: Jesse Trentadue Discovers the FBI’s S Drive

Kaye Beach

June 2, 2011

Remember Jesse Trentadue?  He’s the man who has been fighting for 16 years to find out what happened to his brother Kenneth Trentadue who was murdered while in federal custody in Oklahoma City.

He’s still fighting and still uncovering secrets.

Jan 16, 2011 INTELWIRE Reports: Jesse Trentadue Presses FBI on Secret Files In OKC Bombing

Salt Lake City attorney Jesse Trentadue has filed new evidence of secret FBI filing practices in his Freedom of Information Act lawsuit against the bureau seeking files related to the Oklahoma City bombing.

Trentadue this week filed exhibits pertaining to FBI procedures for filing documents while keeping them out of legal disclosure processes such as FOIA or discovery. The exhibits were provided to INTELWIRE by Trentadue.

Read more

Today, the results from iWatch News

Posted June 2, 2011

Judge orders FBI to cough up information about a previously secret computer drive

. . . On May 11, Trentadue says he was in court demanding information from the I-drive when the Department of Justice lawyer representing the FBI mentioned the existence of the S-drive — the first public mention of such a drive. Judge Clark Waddoups, a George W. Bush appointee who was presiding over the case in Utah, ordered the FBI to provide more information about the drive by the end of June.

Two days later, Waddoups issued his written order on the matter, which demanded the FBI affirm whether it had provided “incomplete or otherwise misleading information” to the court and demanded that the bureau search for anything requested by Trentadue on both the I and S drives in response to his FOIA requests.

FBI lab reports on anthrax attacks suggest another miscue

May 19, 2011

WASHINGTON — Buried in FBI laboratory reports about the anthrax mail attacks that killed five people in 2001 is data suggesting that a chemical may have been added to try to heighten the powder’s potency, a move that some experts say exceeded the expertise of the presumed killer.

The lab data, contained in more than 9,000 pages of files that emerged a year after the Justice Department closed its inquiry and condemned the late Army microbiologist Bruce Ivins as the perpetrator, shows unusual levels of silicon and tin in anthrax powder from two of the five letters.

Those elements are found in compounds that could be used to weaponize the anthrax, enabling the lethal spores to float easily so they could be readily inhaled by the intended victims, scientists say.

The existence of the silicon-tin chemical signature offered investigators the possibility of tracing purchases of the more than 100 such chemical products available before the attacks, which might have produced hard evidence against Ivins or led the agency to the real culprit.

But the FBI lab reports released in late February give no hint that bureau agents tried to find the buyers of additives such as tin-catalyzed silicone polymers.

The apparent failure of the FBI to pursue this avenue of investigation raises the ominous possibility that the killer is still on the loose.

PMP’ing Your Info and Privacy Now Alaska Show Notes

Kaye Beach

May 14, 2011

Show Notes from May 13,2011-The Alaska Privacy Rebellion

  • Contact information for Alaska legislators in support of Alaska’s privacy bill
  • Oklahoma school finger scanning
  • Texas TSA NO TOUCH Bill
  • Arizona Finger scanning for drugs
  • Nationwide Electronic Prescription Monitoring Program

Giaimo says his reason for campaigning for a strong privacy bill is simple.

“After about five years of education and testing, studying and preparation, I was in the last two days of my requirements to actually get my certification as a state CPA. I would certified for the rest of my life as a CPA”Jason and Horst invited us to let Alaska legislators know that we care about this bill.

Alaska Senate Bill 98 has been introduced to make it illegal for companies to gather and maintain prints, scans or other private information without the prior, informed consent of the person.

Send an email to all legislators.  Click HERE ( or send an email to aklegislators@privacynowalaska.org )and you can send directly to all the Alaska State legislators.  Please be polite and respectful in your email.

http://PRIVACYNOWALASKA.org

Oklahoma schools finger scanning for lunches;

Kids Are Giving Oklahoma Schools the Finger

Arizona -On the show tonight we mentioned Arizona and a plan to force patients to submit to a finger scan in order to get their prescriptions.  This is an ordinance being proposed by law enforcement in the Arizona city of Peoria AZ.

City official point out that fingerprinting is routinely  required for at such places as scrap metal dealerships for those selling more that 25.00 worth of scrap.

You know what is wrong with this?  It disregards a fundamental aspect of our justice system-PRESUMPTION OF INNOCENCE!   Without presumption innocence you also lose your right to privacy and your basic right to be left alone.  This is preemptive policing at its worst-everyone is guilty until proven otherwise.

The ordinance was proposed for painkilling drugs that have street value and abuse potential.   Does that make you feel any different about it?  It doesn’t change my opinion.  The vast majority of people prescribed these prescriptions are law abiding people who will be treated like suspects and I am sure that nifty computer system will never make a mistake and flag an innocent person.

In addition, medical service providers should not be forced to be an extension of law enforcement.  This is ethically unsound.  And far from simply rhetorical device,  the slippery slope  is a real fast ride that we are all sharing right now.

The Prescription Monitoring Program

I mentioned that I was told that I had to have a government issued photo ID to get my prescription filled from a pharmacy I have been using for years due to the Prescription Monitoring Program.  The pharmacist was wrong about the rules but according to him if he does not do as he is told he will get a nasty call or email.  Since law enforcement administers the system in Oklahoma, I can see that this would be unpleasant.

The nationwide prescription monitoring program monitors both scheduled and non-scheduled drugs .

NABP Begins Developing System to Facilitate PMP Data Exchange Across State Lines

PRESCRIPTION DRUG MONITORING PROGRAMS: A BRIEF OVERVIEW

NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS (NAMSDL)

MARCH 2011

Prescription Drug Monitoring Programs are a major tool being used by states to address prescription drug abuse, addiction and diversion. Such programs are commonly referred to as PMPs.

DESCRIPTION: A PMP is a statewide electronic database which collects designated data on substances dispensed in the state. The PMP is housed by a specified statewide regulatory, administrative or law enforcement agency. The housing agency distributes data from the database to individuals who are authorized under state law to receive the information for purposes of their profession.

There are currently 44 states with laws that authorize the establishment and operation of a PMP: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New York,North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode, Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Read More

The states have received federal funding from the DOJ and pharmaceutical corporations for the program. Oklahoma was the first state to begin using an electronic prescription monitoring program which was paid for with federal funds.  Oklahoma is racing to the top with the goal of real time prescription data sharing by 2012.  Link

“Since 2001, Purdue Pharma has been working to support the implementation of appropriately‐designed prescription monitoring programs as one way to help reduce abuse and diversion of prescription medications,” said Alan Must, vice president of state government and legislative affairs at Purdue Pharma. “Reducing the abuse of prescription medications will take the combined and coordinated efforts of healthcare professionals, law enforcement, government agencies and local communities.” link

The PMP (Pimp?  How appropriate since it is pimping your info)

http://www.pmpalliance.org/pdf/PPTs/LI2010/1-PMP-Overview-History.pdf

Remember this??

Total Information Awareness (TIA) System
Program Manager: Dr. John Poindexter

Total Information Awareness

“It is no secret that some parts of TIA lived on behind the veil of the classified intelligence budget.” Link

Newly Released Documents Detail FBI’s Plan to Expand Federal Surveillance Laws

Kaye Beach

Feb 21, 2011

Jeremy Bentham developed a prison design he called the “Panopticon”. It had a central tower for the jailers, with a circular building around it divided into cells. The guards could see the cells without being seen. The inmates could not know when, or whether, they were being watched.

Bentham spent a great deal of time perfecting its design to achieve the greatest possible visibility of the inmates, and complete concealment for the guards. He argued that the prison could employ very few guards, since the prisoners could not know when they were being watched. The project’s key concept, however, wasn’t about architecture or economics; it was about the psychology of control.

This is why surveillance cameras and other measures from the arsenal of Big Brother are so dangerous.

The eye that is watching you is also within you.

The modern panopticon is not limited to an institution such as a prison, it is being constructed all around us.

From the Electronic Freedom Foundation:

EFF just received documents in response to a 2-year old FOIA request for information on the FBI’s “Going Dark” program, an initiative to increase the FBI’s authority in response to problems the FBI says it’s having implementing wiretap and pen register/trap and trace orders on new communications technologies. The documents detail a fully-formed and well-coordinated plan to expand existing surveillance laws and develop new ones. And although they represent only a small fraction of the documents we expect to receive in response to this and a more recent FOIA request, they were released just in time to provide important background information for the House Judiciary Committee’s hearing tomorrow on the Going Dark program.

We first heard about the FBI’s Going Dark program in 2009, when the agency’s Congressional budget request included an additional $9 million to fund the program (on top of the $233.9 million it already received). Late last year, the New York Times linked the program to a plan to expand federal surveillance laws like the Communications Assistance to Law Enforcement Act (CALEA). We issued FOIA requests to the FBI in 2009 for information on Going Dark and in 2010 for information on the agency’s plans to update CALEA. These are the first documents we’ve received since we filed our lawsuit against the agency late last year. The documents provide rare insight into the agency’s multi-year strategy to increase its power to surveil our communications.

Here’s What the Documents Show:

What is the “Going Dark” Program?

The name “Going Dark” is cryptic, and the FBI’s public statements about the program are even more so. Nevertheless, FBI’s Operational Technology Division states that the program is one of the FBI’s “top initiatives” and has “gotten attention so far from high ranking officials in other federal, state, and local agencies and from industry.” (GD4, p. 110).1 The FBI has told reporters in emails that Going Dark is:

the program name given to the FBI’s efforts to utilize innovative technology; foster cooperation with industry; and assist our state, local, and tribal law enforcement partners in a collaborative effort to close the growing gap between lawful interception requirements and our capabilities.

(GD2, p1). The FBI has also said that the term “Going Dark” does not refer to a specific capability, but is a program name for the part of the FBI, Operational Technology Division’s (OTD) lawful interception program which is shared with other law enforcement agencies. The term applies to the research and development of new tools, technical support and training initiatives.

(GD2, p 8). Behind this rhetoric, the documents detail a program set up to address the FBI’s allegations that communications providers’ technologies prevent the agency from implementing wiretap and pen register/trap and trace orders – essentially, the FBI alleges it is “‘in the dark’ by the loss of evidence, that [it] would be lawfully entitled to, due to advances in technology, antiquated ELSUR laws, and or lack of resources, training, [and] personnel,” (GD4, p. 120), and the FBI needs new laws and new tools to bring this evidence into the light.

The FBI’s “Five-Prong” Going Dark Strategy

The FBI states the Going Dark program is a “five-prong strategic approach to address the lawful ‘Intercept capability gap'” (GD3, p. 10). These five prongs are:

  1. modernization /amendment of existing laws,
  2. enhancing authorities to protect industry proprietary and [law enforcement] sensitive lawful intercept information, equipment and techniques,
  3. enhancing [law enforcement] agencies’ coordination leveraging technical expertise of FBI with other [law enforcement] entities,
  4. enhancing lawful intercept cooperation between the communications industry and [law enforcement agencies] with a “One Voice” approach, and
  5. seeking new federal funding to bolster lawful intercept capabilities.

(GD3, p. 10). Originally it seemed the FBI was focused on just updating CALEA (which could be bad enough if it included some of the things we wrote about here), but now it appears the FBI plans to seek changes to the Electronic Communications Privacy Act (ECPA) and other laws, and may also propose new laws. For example, another document we received notes under Prong 1 that “Existing lawful intercept laws (e.g., Title III of the Omnibus Crime Control and Safe Streets Act, Electronic Communications Privacy Act [ECPA], and the Communications Assistance for Law Enforcement Act [CALEA]) require modernization as a result of advancements in communications services and technologies.” (GD1, pp. 38-40). And another document breaks the FBI’s legislative strategy down into two categories:

  1. modernizing the Federal ELSUR [electronic surveillance] assistance mandates and Federal ELSUR laws and
  2. enacting new ELSUR-enhancing statutory authorities.

(GD1, p. 13). This is the first hard evidence we’ve seen that the FBI is pushing to update ECPA in addition to CALEA, and it is concerning to learn that the agency is trying to convince Congress that these two laws should be expanded at the same time to give the FBI even broader power to conduct “lawful” surveillance. Unfortunately, we don’t know much more about the specifics of the FBI’s plan because crucial information in the documents has been withheld or blocked out.

The FBI Has Been Working on “Going Dark” Since at Least 2006 and Has Lobbied Congress and the White House to Support the Program with More Money and Stronger Laws

The FBI and DOJ have been working on amendments to CALEA since at least 2006, though their efforts to lobby Congress and the White House have steadily ramped up within the last few years. (GD1, p. 34). The FBI has met with important Congressional committees and with the White House about Going Dark many times since January 2008 and has specific plans to “socialize [its] Strategy with key Congressional members and staff (e.g., Judiciary, Intelligence, Appropriations).” (GD1, pp. 38-30).

For example, in January 2008, the FBI director testified before the House and Senate at the annual threat assessment hearing and included a Q&A handout on Going Dark for the briefing book. (GD1, p.7). Although the hearings were held in both open and closed sessions (and so this handout should be available to the public), the version we received is heavily redacted. (GD1, p. 22).

In March 2008, staff from the Senate Subcommittee on Commerce, Justice, and Science visited the FBI’s Operational Technology Division and had a briefing on Going Dark with Kerry Haynes, the Assistant Director of the Investigative Technologies Division. Topics discussed included “unfunded requirements, level of cooperation/understanding/assistance from DNI, level of sharing and cooperation with IC/telecom and [international] partners, consolidation of tech efforts across industry, working groups/detailees [sic] to consolidate efforts, the ‘data coordination center’ concept.” (GD1, p. 32).

The FBI focused much of its lobbying efforts on the Senate Commerce, Justice, Science (CJS) Appropriations Subcommittee, and met with met with Senator Mikulski, the committee chair, and her staffers several times over the last few years in both open and closed sessions, including in April 2008, June 2008, May 2009, and June 2009. In fact, according to the FBI, Senator Mikulski stated during the June 2008 meeting: “The FBI and the CJS have had a very productive working relationship and the FBI can count on the CJS for whatever it needs to fulfill the mission of the FBI.” (GD1, p. 30).

The FBI also met or communicated with key members of the current administration and other agencies, including meeting with the Obama transition team in November 2008, (GD3, p. 8-9). The agency discussed Going Dark with the Department of Commerce in May 2009, (GD4, p. 26), and met with ODNI on Going Dark in October 2008. (GD4, p. 80) The FBI also worked directly with the DEA to try to collect information detailing agents’ inability to conduct electronic surveillance, to provide support for the agency’s claim that it needed new and better tools and laws. (GD4, pp. 24-25). And the agency planned to vet its 5-prong strategy with both the Office of Management and Budget (OMB) and Department of Justice (DOJ). (GD1, pp. 38-30).

The FBI Has Also Worked With State and Local Law Enforcement and Private Government Contractors to Develop and Implement its Strategy

Several of the documents we received detail the FBI’s holistic approach to implementing Going Dark. For example, the agency sought input from state and local law enforcement leadership such as “IACP, Major Cities Chiefs, Major County Sheriffs’ Association,” (GD1, pp. 38-40), and asked state and local law enforcement to provide it with examples of electronic surveillance failures. The agency also reached out to the communications industry, including “IP-based communications service providers and manufacturers” and “third-party lawful intercept solution providers.” (GD1, pp. 38-40, 2-3). And the agency contracted with private government consultants at RAND Corporation and Booz, Allen & Hamilton to study the problem and help devise solutions. (GD3, p. 28; GD4, pp. 6-7; GD4, p. 112)

What Does This Mean for our FOIA Lawsuit and for the FBI’s Hopes to Implement Changes to Federal Surveillance Laws?

The interesting thing about all this is that the DOJ has argued in response to our motion seeking documents that because there’s no draft legislation being publicly bandied about right now, there can be no urgency to our FOIA request. For this reason, the agency won’t agree to any deadline to produce its documents. We’ll be arguing this point in the court hearing on our motion tomorrow and hope to convince the court that the Going Dark documents, combined with the House Judiciary Committee hearing, show that the DOJ is serious about pushing through changes to communications surveillance laws as soon as possible. We’ll be urging the court to order the DOJ to produce the rest of the documents in response to our FOIA requests while there’s still time to influence the debate.

  1. 1. The citations refer to the documents posted at the end of this deeplink. Page numbers refer to the pages in each pdf document.
Attachment Size
FBI Going Dark Release Part 1 (GD1) 772.45 KB
FBI Going Dark Release Part 2 (GD2) 862.85 KB
FBI Going Dark Release Part 3 (GD3) 1.6 MB
FBI Going Dark Release Part 4 (GD4) 2.29 MB

Related Issues: CALEAFOIA Litigation for Accountable GovernmentFree SpeechPrivacyTransparency

Related Cases: FOIA: Expanding CALEA and Electronic Surveillance Laws

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