20140429

Cops Who Were Caught on Video Robbing and Terrorizing Store Owners Will Not Face Charges

A sickening injustice happened this week in Philadelphia. Several Cops who were even caught on video terrorizing 22 Philly bodega owners will not be facing any criminal charges.

A Philadelphia plainclothes narcotics squad had barreled into the immigrants’ bodegas, guns drawn. They had cut the wires on the stores’ video surveillance systems, robbed thousands of dollars from the cash drawers, stolen food and merchandise and then trashed the shops on their way out the door.

Video from one of the heists can be seen below. One of these scumbags starts barraging the store owner, asking him if it was uploading to his computer at his house. Then he cuts the wires!
According to Philly.com, the shop owners were all legal immigrants. None had criminal records. Nor had they ever met – they hailed from four corners of the city and spoke different languages. Yet the stories they told Daily News reporters Barbara Laker and Wendy Ruderman were identical.
The fact that this disgusting villainy was caught on film and had 22 different witnesses makes it a fairly easy case to prosecute right? Not in police state America.

One of the cops, speaking of this incident told Philly.com that “The only way a cop can lose his job in this city is if he shoots another cop during roll call.”

Ronnie Polaneczky, from the Daily News highlights that the offending officers,
who’ve been on desk duty since Laker and Ruderman wrote about them in 2009, will likely get back their jobs, their guns and the chilling entitlement that allowed them to turn the bodega owners’ American dream into an American outrage.

Also, because this is Philly, they’ll probably be awarded lost overtime, too, because we have no shame in this town.
Sources tell the Daily News that none of the bodega owners was ever called by a grand jury to tell their stories.

You know who else were ignored by federal investigators and the District Attorney’s Office? The three women who claimed that one of the rogue cops – a menacing dirtbag named Tom Tolstoy – sexually assaulted them during drug raids. One of the women couldn’t get anyone in the Police Department’s Special Victims Unit to listen to her story until her attorney interceded.

Like the bodega owners, the women had no criminal records and were never charged as a result of the raids. They had never met each other, yet shared with Laker and Ruderman hellish stories of encounters with Tolstoy.All three said they had been fondled. Two reported the assaults immediately to police. The third was digitally penetrated and walked to a hospital for treatment.
Sadly this type of inequity and injustice is par for the course when it comes to police, as well as government in general. These gangs of costumed thugs with their shiny badges, run rampant, exploiting the ones they’ve sworn to protect, all the while being worshiped by the curtseying sheep for ‘keeping them safe.’

Shameful: WIPO Threatens Blogger With Criminal Charges For Accurately Reporting On WIPO Director's Alleged Misconduct

Last fall we wrote about some surprising allegations that Francis Gurry, the director of WIPO (the World Intellectual Property Organization -- a part of the UN), had surreptitiously taken DNA samples from employees while trying to determine who had sent him anonymous letters. This is the same Gurry who was already involved in highly questionable scandals involving ignoring UN sanctions against both North Korea and Iran, to send them computers, which WIPO idiotically believed those countries would use to bolster their local patent systems. Because, when you think of Iran and North Korea, I'm sure you think about their patent systems.

There had been some public efforts by a few members of Congress to oppose Gurry's re-election to WIPO because of these infractions, but all that seemed for naught a couple months ago when Gurry was re-nominated. It's not final that he'll remain as director, but it's almost entirely assured. A few weeks ago, however, I saw that stories of the DNA collection had resurfaced, mainly in a blog post by noted patent lawyer and blogger Gene Quinn. While Quinn and I disagree about nearly everything patent related -- sometimes angrily -- his blog is still a worthwhile read, and this original story had caught my attention. Quinn had a copy of the "Report of Misconduct" filed by James Pooley, one of Gurry's deputies, going into much more detail on Gurry's actions with regards to the illegal DNA collection, and calling into serious question Gurry's ability to lead WIPO. You can read much more about Pooley's charges in a Fox News report. However, you can no longer read the report or Quinn's analysis of it because WIPO threatened Quinn with criminal charges for posting it.

I had actually opened Quinn's post -- and the files he posted -- back when he first put them up, but set them aside to revisit later, and like many stories I hope to get to, I never actually wrote about them. While I still had the tabs with the files opened, somewhere between then and when I restarted my browser, the files had actually gone away. The threat to Quinn, however, seems worse than the claims of DNA collection in the first place. Here is WIPO actively issuing bogus legal threats to censor someone performing journalistic endeavors reporting on factual information. Here's the letter that WIPO's lawyer sent Quinn:
I am writing to you in my capacity as Legal Counsel of the World Intellectual Property Organization (WIPO), in relation to a report and its accompanying exhibits (“WIPO Deputy Director General Alleges Gurry Misconduct”) that are posted on your website IP Watchdog.

I should like to express my grave concern over the contents of this report, which is both insulting and defamatory, as it contains false statements that harm WIPO and the reputation of WIPO’s Director General, Mr. Francis Gurry.

As at Friday, April 11, 2014, we have noticed that the Report itself has been removed from the website. We are, however, very concerned to see that the annexes to the Report (the so-called “exhibits”) are still posted on your website. As you will no doubt know, the said Report and its exhibits or annexes constitute defamatory material which, inter alia, suggest corruption, concern DNA allegations, and are a republication of rehashed allegations.

In addition, I should like to remind you that under Swiss law, the publication of such false and defamatory material could constitute a criminal offence. This is, of course, without prejudice to the laws of any jurisdiction to which you may be subject.

We hereby request that you immediately remove the Report and all its exhibits or annexes from the website.

We hereby further request that you publish an apology to the Director General of WIPO for the publication of false and defamatory material on the website.

Please be informed that if this request is not immediately acceded to, the Director General and WIPO will seek independent legal advise to bring defamation proceedings against you in any competent jurisdiction.

We thank you for your anticipated cooperation.

Sincerely,

Edward Kwakwa
Legal Counsel / World Intellectual Property Organization
This would be from the same Kwakwa who was also at the center of the computers-to-North Korea and Iran stories. Either way, the threats are ridiculous. First off, under the SPEECH Act, Quinn is completely protected from any defamation ruling for a variety of reasons. First, not only is it unclear if this was actually defamatory, merely republishing a report written by someone else is protected in the US under Section 230 of the CDA, and the SPEECH Act was written to make sure that Section 230 protections applied even against lawsuits filed in other countries for publications based in the US.

Second, it's quite incredible for Kwakwa to declare -- as fact -- that the content is defamatory (even suggesting that Quinn magically "knows" this is defamatory). Clearly Pooley and many others do not believe it is defamatory, and as far as I can tell, no court has ruled that the content is defamatory. And this isn't just some random person declaring that Gurry was involved in this: it's a guy who reports directly to Gurry. If it's defamatory, let Gurry take it to court and have it declared so. You don't just get to censor stuff based on one party's claim.

Third, as Intellectual Asset Magazine (linked above) notes, the whole thing -- intimidating a journalist with threats of criminal charges for merely reporting on a document that no one denied was, in fact, filed by WIPO deputy director James Pooley -- is insane:
As a journalist I find this utterly outrageous. I hope that other people do too. Quinn was not threatened with legal action for any allegations that he made, or for the slant on the story that he wrote around Pooley’s report and exhibits. Instead, he was threatened with legal action for providing a link to them.

Let’s remember, Pooley is Deputy Director of WIPO, he works with and reports to Gurry, and he has made very serious allegations. If that is not newsworthy, I do not know what is. Furthermore, as far as I know, these allegations have not been withdrawn – and certainly had not been when Kwakwa wrote the letter - neither has any investigation of them been reported, let alone concluded. Yet Kwakwa, WIPO’s legal counsel, has declared them “false and defamatory”. How does he know?
Quinn has chosen not to fight this, taking down his post and the associated documents, noting that while he believes in the First Amendment, he's currently recovering from hip replacement surgery and is in no condition to take on this sort of fight at the moment. I've seen at least two other reporters and bloggers who claim to have a copy of the report similarly refuse to post it, noting that it's not worth the legal fight.

And thus WIPO has effectively censored a report on misconduct by its Director General, filed by a senior deputy. To me that's just as, if not more, incriminating than the original charges of the DNA collection. The fact that WIPO believes this is appropriate screams of a coverup from an organization that has something to hide. Perhaps it's no surprise -- given how often we've seen copyright used for censorship -- to find out that the organization that pushes for greater copyright and patent maximalism around the world is also a fan of direct intimidation and censorship of journalists.

However, it should certainly call into serious question how WIPO functions, and whether Director Gurry is the sort of person who should be leading the organization when it appears to be doing all this under his watch.

California Cops Arrested for Stealing Hundreds of Cars from Poor People

A few more ‘bad apples’ have been arrested for using and their police authority to wrongly impound, also known as steal, over 200 cars. The officers involved are currently on paid vacation awaiting trial.

KING CITY, Calif. — Police officers in a Central California town took part in a scheme in which cars belonging to poor Hispanic people were impounded, towed and later sold or given away for free to some officers when the car owners couldn’t pay the fees, authorities said Tuesday.


Four officers — including the recently retired police chief and the acting chief in King City — have been arrested, and two others were also arrested Tuesday on unrelated charges, Monterey County District Attorney Dean Flippo said.

The probe revealed that more than 200 vehicles had been impounded and that 87 percent had been taken in by the same towing company.

In some cases, authorities said, officers simply kept the cars for their own use.

The four officers tied to the alleged car theft scheme have each been charged with bribery, accepting a bribe or embezzlement. They are Sgt. Bobby Javier Carillo, Acting Chief Bruce Edward Miller, former Chief Dominic David Baldiviez and Mario Alonso Mottu Sr.

20140428

Pet ownership will require a certificate in Turkey

Turan Yılmaz


Anybody who wants to have a pet at home will need to undergo training. They will also have to provide suitable accommodation for the welfare of the animal, as well as meeting its ethological needs and care for its health. With the new arrangement, sales of all kinds of pets and animals except for fish and birds will be banned in pet shops. Also, prison sentences will be introduced for torture and ill-treatment of animals.

Significant changes were made in the animal rights bill at the Parliamentary Sub-commission on the Environment headed by Justice and Development Party (AKP) Manisa deputy Selçuk Özdağ. Among other changes, criterion to own a pet has also been introduced:

“Any person, who adopts, owns, sells or cares for an animal needs to have an accommodation suitable for the welfare of the animal, meet its ethological needs and care for its health. People who sell or adopt pets are obliged to take precautionary measures to prevent environmental pollution and damage and discomforts stemming from the animals; they need to compensate any damage stemming from not having taken adequate measures on time. Those who sell and own pets are obliged to participate in training programs organized by local administrations and obtain a certificate. A fine of 1,000 Turkish Liras will be imposed on those who sell pets to people who have not received animal care training.”

There is another clause in the bill that bans the killing of ownerless or very weak animals except for situations defined in the law. Also experimental work on animals is restricted to researchers who have obtained certificates for using experimental animals after completing the training programs organized by ethics councils. Exports and imports of experimental animals are subject to permission. This permit is granted by the Food, Agriculture and Livestock Ministry.

Jail for sexual intercourse 

There will be a 2,000 liras fine for those who torture animals, 1,000 liras for those who ill-treat animals on purpose, 500 liras for those who walk their dangerous and risky dogs without a strap and nozzle and the penalty for sexual intercourse with animals is jail sentences from three months to two years.

The sub-commission is also focusing on including animal fights into the category of purposely ill-treating an animal and introduces an obligation to take animals to the veterinary in the case of traffic accidents.
Animal lovers’ demand that sacrificing animals in greetings to be banned was also discussed in the sub-commission, but was not decided upon.

Restrictions in commercials 


Animals will not be exposed to pain or any kind of damage during the shooting of a film, TV series, commercial activities or similar. Circus organizations, either on land or water, which involve animals are also being banned. The sub-commission has also lifted the ban on production, owning, entering the country, sale and advertisement of dangerous dog breeds such as the pit-bull, Japanese Tosa, Dogo Argentino and Fila Brasilerio.

20140427

DOJ Whines That A Warrant To Search A Mobile Phone Makes It More Difficult To Catch Criminals

The US government has entered its reply brief in the US vs. Wurie case and its argument in favor of warrantless searches of arrestees' cell phones contains some truly terrible suppositions. Here's a brief recap of the situation in this case:

In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from "My House." They opened the phone to determine the number for "My House." That led them to the man's home, where the police found drugs, cash and guns.

The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man's argument, ruling that the police should have gotten a warrant before accessing any information on the man's phone.
As was noted by Orin Kerr at the Volokh Conspiracy, a lot has changed since 2007. The phone the police searched seven years ago was a grey flip phone with limited capabilities. Unfortunately, the Court is using this case to set precedent for a nation full of smartphones, which contain considerably more data and are roughly the equivalent of a person's home computer, rather than the address book the government refers to in its arguments.

The government agrees that times are changing but counterintuitively argues that only law enforcement is being negatively affected by this. Every argument in favor of warrantless searches contains some sort of lamentation about how tech-savvy criminals will be able to cover up or destroy evidence contained on their phones before the police can crack open these new-fangled address books and copy everything down.
[T]he Founding officers have conducted full evidentiary searches of individuals lawfully arrested on probable cause to find evidence of the crime of arrest, including the examination of objects, containers, and written material; (ii) that in an unbroken series of decisions from 1914 to 2013, this Court has recognized that this historical search authority applies categorically; and (iii) that if an officer does not search an unlocked cell phone as soon as she finds it, a significant risk exists that the police will never be able to recover evidence contained on the phone.
This speedy dismantling of the Fourth Amendment pursuant to law enforcement's desire to secure is only the preamble. As the reply brief rolls on, the government makes even more questionable assertions that view smartphones and technological advances as little more than escape vehicles for alleged felons. (h/t to Hanni Fakoury for pointing this part out.)
[S]earching an arrestee's cell phone immediately upon arrest is often critical to protecting evidence against concealment in a locked or encrypted phone or remote destruction.The numerous party and amicus briefs in these cases have not seriously undermined that fundamental practical point. Although the briefs identify various techniques to prevent the remote-wiping problem (none of which is close to perfect), they barely address the principal problem that the government identified: automatic passcode-locking and encryption.
The government argues that impartial technological advancements somehow favor criminals. As it sees it, the path to the recovery of evidence should not be slowed by encryption or wiping or even the minimal effort needed to obtain a warrant. The police are presented as forever behind the curve, despite evidence otherwise. Without a doubt, there's an ongoing arms race between deletion technology and recovery technology, but the gap between the two isn't nearly as large as the government portrays it.

But what really deserves attention here is the government's antipathy towards encryption and other protective technology. Together with the paragraph above, the government argues that any smartphone with the potential to be encrypted/wiped should automatically be relieved of warrant requirements. Encryption and wiping technology are inherently evil in the government's eyes.
But even if amici were correct in their premise that threats from third parties cannot justify the search of a cell phone incident to arrest, they ignore the principal justification in the government's opening brief—the threat of passcode-locking and encryption—as well as newer "geofencing” technologies that will enable individuals to preset their phones to automatically wipe in certain circumstances. Those tactics are not the actions of third parties, but rather automatic functions that an arrestee—potentially with police investigation in mind—can program into his phone.
Criminals might use these methods. That's a given. But what about anyone worried about their phone being stolen, especially considering the wealth of information stored on it? Does the government plan to take a stance against law enforcement's push for cell phone "kill switches?" This, too, could result in law enforcement being deprived of the opportunity to browse a person's smartphone while they sit in a holding cell awaiting booking or arraignment.

But it's the underlying assertion that such technology would be deployed mostly by criminals that's the most troubling. It's no secret government investigative and security agencies don't care for encryption. The NSA holds onto encrypted data "just in case," under the guise of counterterrorism. This argument puts non-criminal citizens in a unwelcome position: the presumption of hidden criminal activity whenever a police officer encounters an encrypted phone.

What's equally as worrying is the government's suggested remedies. The government brushes aside civil liberties concerns and points out that wronged citizens have plenty of recourse... provided they're willing to be arrested, charged, jailed until their court date and successfully argue their rights were violated in front of a judge.

The government first sets up the "remedies" by suggesting law enforcement will have to develop steps to ensure they're not getting more than they're looking for and that they're not intercepting communications while in possession of the phone. It suggests moving the phone to "airplane mode" before searching and encouraging officials to craft guidelines to address privacy issues. The nudge towards belatedly addressing constitutional issues is backhanded and backwards, especially considering law enforcement's usual attitude towards these considerations: protocols are only developed if and when public outcry reaches unacceptable levels.

The latter suggestion -- suppression of evidence -- places a delusional amount of faith in the justice system. Even worse, it places the burden on the arrested to ensure law enforcement follows its own rules.
Ultimately, law enforcement agencies will need to develop protocols to address that issue, and defendants will be able to enforce the limitation through suppression motions. No information indicates that agencies are not up to that task.
"No information," eh? There's plenty of evidence to the contrary.

Police the police at your own expense while under the threat of imprisonment. Yeah, that should go just fine.

The government wants a warrant-free ride for its law enforcement officers, who are apparently forever behind the tech curve. The argument against warrants doesn't get much more ridiculous than the following.
Respondent and his amici have even less to say about a scope-limited approach, in which officers would be permitted to search cell phones incident to arrest only to the extent reasonably necessary to serve the legitimate law-enforcement interests of finding evidence of the offense of arrest, identifying the arrestee, and ensuring officer safety. Under that approach, courts would remain vigilant against uninhibited "exploratory" searches that do not serve those interests.
Once again, your civil liberties can be argued... after the fact... in court.
Under a scope-limited approach, an officer could not peruse every area of a phone on the off chance that evidence of some crime might be found there. Rather, the officer would be required to articulate a specific reason to believe that evidence relevant to the offense of arrest, officer safety, or arrestee identity would be found in each area of the phone she searched.
Specific reasons that evidence might be relevant sounds a whole lot like the sort of things that would be present on a warrant request. Except in this case, the officer would have the luxury of arguing that after searching the phone. It's like asking for warrant after tossing the house. But the government's not done. It goes farther and attempts to portray warrants as the actual enemy of the Fourth Amendment.
If respondent's rule is adopted, at the time a magistrate issues a warrant, neither officers nor the magistrate will know what files or applications the phone contains. A typical warrant would identify information sought in the search (e.g., drug ledgers, customer lists, financial records, and evidence of a suspect's use or ownership). Officers would then necessarily need to conduct at least cursory searches of relevant areas of the phone to determine whether they might contain the object of the search—a process indistinguishable from the scope-limited approach the United States has suggested. A warrant-based approach would thus not limit the scope of any ultimate search, as compared to the scope-limited approach described above.
In the government's comparison, both are equally intrusive, but only one keeps cops from doing their job.
Rather, the primary function of a warrant requirement would be to preclude officers from searching a phone when they have reason to believe that it contains evidence of crime, but cannot establish the higher standard of probable cause—or cannot obtain a warrant before a phone locks and becomes inaccessible.
That's odd infuriating. I could have sworn warrant requirements were in place to protect citizens' Fourth Amendment rights, not to somehow screw cops out of diving into someone's cell phone just because they happened to be carrying it on their person. The Fourth Amendment protections are there for a reason -- for this exact reason: to prevent unreasonable searches.

Replace anything in that sentence and see if it still looks like the sort of thing the government of a free nation should be arguing.
Rather, the primary function of a warrant requirement would be to preclude officers from searching a RESIDENCE when they have reason to believe it contains evidence of a crime, but cannot establish a higher standard of probable cause -- or cannot obtain a warrant before the DOOR CLOSES.
The government views the Fourth Amendment as little more than a criminal's best friend. This is the entity that is supposed to protect civil liberties, not argue them away as pesky impediments to the pursuit of bad guys.

Putting Innovation to a Vote? Majoritarian Processes versus Open Playing Fields

Gennady Stolyarov II

Putting innovation to a vote is never a good idea. Consider the breakthroughs that have improved our lives the most during the 20th and early 21st centuries. Did anyone vote for or ordain the creation of computers, the Internet, smartphones, or tablet computers? No: that plethora of technological treasures was made available by individuals who perceived possibilities unknown to the majority, and who devoted their time, energy, and resources toward making those possibilities real. The electronic technologies which were unavailable to even the richest, most powerful men of the early 20th century now open up hitherto unimaginable possibilities even to children of poor families in Sub-Saharan Africa.

On the other hand, attempts to innovate through majority decisions, either by lawmakers or by the people directly, have failed to yield fruit. Although virtually everyone would consider education, healthcare, and defense to be important, fundamental objectives, the goals of universal cultivation of learning, universal access to healthcare, and universal security against crime and aggression have not been fulfilled, in spite of massive, protracted, and expensive initiatives throughout the Western world to achieve them.

While it is easy even for people of little means to experience any art, music, literature, films, and games they desire, it can be extremely difficult for even a person of ample means to receive the effective medical care, high-quality formal education, and assurance of safety from both criminals and police brutality that virtually anyone would desire.

Why is it the case that, in the essentials, the pace of progress has been far slower than in the areas most people would deem to be luxuries or entertainment goods? Why is it that the greatest progress in the areas treated by most as direct priorities comes as a spillover benefit from the meteoric growth in the original luxury/entertainment areas? (Consider, as an example, the immense benefits that computers have brought to medical research and patient care, or the vast possibilities for using the Internet as an educational tool.)

In the areas from which the eye of formal decision-making systems is turned away, experimentation can commence, and courageous thinkers and tinkerers can afford to iterate without asking permission. So teenagers experimenting in their garages can create computer firms that shape the economy of a generation. So a pseudonymous digital activist, Satoshi Nakamoto, can invent a cryptocurrency algorithm that no central bank or legislature would have allowed to emerge at a proposal stage – but which all governments of the world must now accept as a fait accompli that is not going away.

Most people without political connections or strong anti-free-enterprise ideologies welcome these advances, but no such breakthroughs can occur if they need to be cleared through a formal majoritarian system of any stripe. A majoritarian system, vulnerable to domination by special interests who benefit from the economic and societal arrangements of the status quo, does not welcome their disruption.

Most individuals have neither the power nor the tenacity to shepherd through the political process an idea that would be merely a nice addition rather than an urgent necessity. On the other hand, the vested and connected interests whose revenue streams, influence, and prestige would be disrupted by the innovation have every incentive to manipulate the political process and thwart the innovations they can anticipate.

It is only when some subset of reality is a fully open playing field, away from the notice of vested interests or their ability to control it, that innovation can emerge in a sufficiently mature and pervasive form that any attempts to suffocate it politically become seen as transparently immoral and protectionist. The open playing field can be any area that is simply of no interest to the established powers – as could be said of personal computers through the 1990s. Eventually, these innovations evolve so dramatically as to upturn the major economic and social structures underpinning the establishment of a given era.

The open playing field can be a jurisdiction more welcoming to innovators than its counterparts, and beyond the reach of innovation’s staunchest opponents. Seasteading, for example, would enable more competition among jurisdictions, and is particularly promising as a way of generating more such open playing fields. The open playing field can be an entirely new area of human activity where the power structures are so fluid that staid, entrenched interests have not yet had time to emerge. The early days of the Internet and of cryptocurrencies are examples of these kinds of open playing fields.

The open playing field can even occur after a major upheaval has dislodged most existing power structures, as occurred in Japan after World War II, when decades of immense progress in technology and infrastructure followed the toppling of the former militaristic elite by the United States.

​ The beneficent effect of the open playing field is made possible not merely due to the lack of formal constraints, but also due to the lack of constraints on human thinking within the open playing field. When the world is fresh and new, and anything seems possible, human ingenuity tends to rise to the occasion.

If, on the other hand, every aspect of life is hyper-regimented and weighed down by the precedents, edicts, compromises, and traditions of era upon era – even with the best intentions toward optimization, justice, or virtue – the existing strictures constrain most people’s view of what can be achieved, and even the innovators will largely struggle to achieve slight tweaks to the status quo rather than the kind of paradigm-shifting change that propels civilization forward and upward. In struggling to conform to or push against the tens of thousands of prescriptions governing mundane life, people lose sight of astonishing futures that might be.

The open playing fields may not be for everyone, but they should exist for anyone who wishes to test a peaceful vision for the future. Voting works reasonably well in the Western world (most of the time) when it comes to selecting functionaries for political office, or when it is an instrument within a deliberately gridlocked Constitutional system designed to preserve the fundamental rules of the game rather than to prescribe each player’s move. But voting is a terrible mechanism for invention or creativity; it reduces the visions of the best and brightest – the farthest-seeing among us – to the myopia of the median voter.

This is why you should be glad that nobody voted on the issue of whether we should have computers, or connect them to one another, or experiment with stores of value in a bit of code. Instead, you should find (or create!) an open playing field and give your own designs free rein.

20140426

A hidden world, growing beyond control

The top-secret world the government created in response to the terrorist attacks of Sept. 11, 2001, has become so large, so unwieldy and so secretive that no one knows how much money it costs, how many people it employs, how many programs exist within it or exactly how many agencies do the same work.

These are some of the findings of a two-year investigation by The Washington Post that discovered what amounts to an alternative geography of the United States, a Top Secret America hidden from public view and lacking in thorough oversight. After nine years of unprecedented spending and growth, the result is that the system put in place to keep the United States safe is so massive that its effectiveness is impossible to determine.

The investigation's other findings include:

* Some 1,271 government organizations and 1,931 private companies work on programs related to counterterrorism, homeland security and intelligence in about 10,000 locations across the United States.

* An estimated 854,000 people, nearly 1.5 times as many people as live in Washington, D.C., hold top-secret security clearances.

* In Washington and the surrounding area, 33 building complexes for top-secret intelligence work are under construction or have been built since September 2001. Together they occupy the equivalent of almost three Pentagons or 22 U.S. Capitol buildings - about 17 million square feet of space.

* Many security and intelligence agencies do the same work, creating redundancy and waste. For example, 51 federal organizations and military commands, operating in 15 U.S. cities, track the flow of money to and from terrorist networks.

* Analysts who make sense of documents and conversations obtained by foreign and domestic spying share their judgment by publishing 50,000 intelligence reports each year - a volume so large that many are routinely ignored.

These are not academic issues; lack of focus, not lack of resources, was at the heart of the Fort Hood shooting that left 13 dead, as well as the Christmas Day bomb attempt thwarted not by the thousands of analysts employed to find lone terrorists but by an alert airline passenger who saw smoke coming from his seatmate.

They are also issues that greatly concern some of the people in charge of the nation's security.

"There has been so much growth since 9/11 that getting your arms around that - not just for the CIA, for the secretary of defense - is a challenge," Defense Secretary Robert M. Gates said in an interview with The Post last week.

In the Department of Defense, where more than two-thirds of the intelligence programs reside, only a handful of senior officials - called Super Users - have the ability to even know about all the department's activities. But as two of the Super Users indicated in interviews, there is simply no way they can keep up with the nation's most sensitive work.

"I'm not going to live long enough to be briefed on everything" was how one Super User put it. The other recounted that for his initial briefing, he was escorted into a tiny, dark room, seated at a small table and told he couldn't take notes. Program after program began flashing on a screen, he said, until he yelled ''Stop!" in frustration.

"I wasn't remembering any of it," he said.

Underscoring the seriousness of these issues are the conclusions of retired Army Lt. Gen. John R. Vines, who was asked last year to review the method for tracking the Defense Department's most sensitive programs. Vines, who once commanded 145,000 troops in Iraq and is familiar with complex problems, was stunned by what he discovered.

"I'm not aware of any agency with the authority, responsibility or a process in place to coordinate all these interagency and commercial activities," he said in an interview. "The complexity of this system defies description."

The result, he added, is that it's impossible to tell whether the country is safer because of all this spending and all these activities. "Because it lacks a synchronizing process, it inevitably results in message dissonance, reduced effectiveness and waste," Vines said. "We consequently can't effectively assess whether it is making us more safe."

The Post's investigation is based on government documents and contracts, job descriptions, property records, corporate and social networking Web sites, additional records, and hundreds of interviews with intelligence, military and corporate officials and former officials. Most requested anonymity either because they are prohibited from speaking publicly or because, they said, they feared retaliation at work for describing their concerns.

The Post's online database of government organizations and private companies was built entirely on public records. The investigation focused on top-secret work because the amount classified at the secret level is too large to accurately track.

Today's article describes the government's role in this expanding enterprise. Tuesday's article describes the government's dependence on private contractors. Wednesday's is a portrait of one Top Secret America community. On the Web, an extensive, searchable database built by The Post about Top Secret America is available at washingtonpost.com/topsecretamerica.

Defense Secretary Gates, in his interview with The Post, said that he does not believe the system has become too big to manage but that getting precise data is sometimes difficult. Singling out the growth of intelligence units in the Defense Department, he said he intends to review those programs for waste. "Nine years after 9/11, it makes a lot of sense to sort of take a look at this and say, 'Okay, we've built tremendous capability, but do we have more than we need?' " he said.

CIA Director Leon Panetta, who was also interviewed by The Post last week, said he's begun mapping out a five-year plan for his agency because the levels of spending since 9/11 are not sustainable. "Particularly with these deficits, we're going to hit the wall. I want to be prepared for that," he said. "Frankly, I think everyone in intelligence ought to be doing that."

In an interview before he resigned as the director of national intelligence in May, retired Adm. Dennis C. Blair said he did not believe there was overlap and redundancy in the intelligence world. "Much of what appears to be redundancy is, in fact, providing tailored intelligence for many different customers," he said.

Blair also expressed confidence that subordinates told him what he needed to know. "I have visibility on all the important intelligence programs across the community, and there are processes in place to ensure the different intelligence capabilities are working together where they need to," he said.

Weeks later, as he sat in the corner of a ballroom at the Willard Hotel waiting to give a speech, he mused about The Post's findings. "After 9/11, when we decided to attack violent extremism, we did as we so often do in this country," he said. "The attitude was, if it's worth doing, it's probably worth overdoing."

Outside a gated subdivision of mansions in McLean, a line of cars idles every weekday morning as a new day in Top Secret America gets underway. The drivers wait patiently to turn left, then crawl up a hill and around a bend to a destination that is not on any public map and not announced by any street sign.

Liberty Crossing tries hard to hide from view. But in the winter, leafless trees can't conceal a mountain of cement and windows the size of five Wal-Mart stores stacked on top of one another rising behind a grassy berm. One step too close without the right badge, and men in black jump out of nowhere, guns at the ready.

Past the armed guards and the hydraulic steel barriers, at least 1,700 federal employees and 1,200 private contractors work at Liberty Crossing, the nickname for the two headquarters of the Office of the Director of National Intelligence and its National Counterterrorism Center. The two share a police force, a canine unit and thousands of parking spaces.

Liberty Crossing is at the center of the collection of U.S. government agencies and corporate contractors that mushroomed after the 2001 attacks. But it is not nearly the biggest, the most costly or even the most secretive part of the 9/11 enterprise.

In an Arlington County office building, the lobby directory doesn't include the Air Force's mysteriously named XOIWS unit, but there's a big "Welcome!" sign in the hallway greeting visitors who know to step off the elevator on the third floor. In Elkridge, Md., a clandestine program hides in a tall concrete structure fitted with false windows to look like a normal office building. In Arnold, Mo., the location is across the street from a Target and a Home Depot. In St. Petersburg, Fla., it's in a modest brick bungalow in a run-down business park.

Every day across the United States, 854,000 civil servants, military personnel and private contractors with top-secret security clearances are scanned into offices protected by electromagnetic locks, retinal cameras and fortified walls that eavesdropping equipment cannot penetrate.

This is not exactly President Dwight D. Eisenhower's "military-industrial complex," which emerged with the Cold War and centered on building nuclear weapons to deter the Soviet Union. This is a national security enterprise with a more amorphous mission: defeating transnational violent extremists.

Much of the information about this mission is classified. That is the reason it is so difficult to gauge the success and identify the problems of Top Secret America, including whether money is being spent wisely. The U.S. intelligence budget is vast, publicly announced last year as $75 billion, 21/2 times the size it was on Sept. 10, 2001. But the figure doesn't include many military activities or domestic counterterrorism programs.

At least 20 percent of the government organizations that exist to fend off terrorist threats were established or refashioned in the wake of 9/11. Many that existed before the attacks grew to historic proportions as the Bush administration and Congress gave agencies more money than they were capable of responsibly spending.

The Pentagon's Defense Intelligence Agency, for example, has gone from 7,500 employees in 2002 to 16,500 today. The budget of the National Security Agency, which conducts electronic eavesdropping, doubled. Thirty-five FBI Joint Terrorism Task Forces became 106. It was phenomenal growth that began almost as soon as the Sept. 11 attacks ended.

Nine days after the attacks, Congress committed $40 billion beyond what was in the federal budget to fortify domestic defenses and to launch a global offensive against al-Qaeda. It followed that up with an additional $36.5 billion in 2002 and $44 billion in 2003. That was only a beginning.

With the quick infusion of money, military and intelligence agencies multiplied. Twenty-four organizations were created by the end of 2001, including the Office of Homeland Security and the Foreign Terrorist Asset Tracking Task Force. In 2002, 37 more were created to track weapons of mass destruction, collect threat tips and coordinate the new focus on counterterrorism. That was followed the next year by 36 new organizations; and 26 after that; and 31 more; and 32 more; and 20 or more each in 2007, 2008 and 2009.

In all, at least 263 organizations have been created or reorganized as a response to 9/11. Each has required more people, and those people have required more administrative and logistic support: phone operators, secretaries, librarians, architects, carpenters, construction workers, air-conditioning mechanics and, because of where they work, even janitors with top-secret clearances.

With so many more employees, units and organizations, the lines of responsibility began to blur. To remedy this, at the recommendation of the bipartisan 9/11 Commission, the George W. Bush administration and Congress decided to create an agency in 2004 with overarching responsibilities called the Office of the Director of National Intelligence (ODNI) to bring the colossal effort under control.

While that was the idea, Washington has its own ways.

The first problem was that the law passed by Congress did not give the director clear legal or budgetary authority over intelligence matters, which meant he wouldn't have power over the individual agencies he was supposed to control.

The second problem: Even before the first director, Ambassador John D. Negroponte, was on the job, the turf battles began. The Defense Department shifted billions of dollars out of one budget and into another so that the ODNI could not touch it, according to two senior officials who watched the process. The CIA reclassified some of its most sensitive information at a higher level so the National Counterterrorism Center staff, part of the ODNI, would not be allowed to see it, said former intelligence officers involved.

And then came a problem that continues to this day, which has to do with the ODNI's rapid expansion.

When it opened in the spring of 2005, Negroponte's office was all of 11 people stuffed into a secure vault with closet-size rooms a block from the White House. A year later, the budding agency moved to two floors of another building. In April 2008, it moved into its huge permanent home, Liberty Crossing.

Today, many officials who work in the intelligence agencies say they remain unclear about what the ODNI is in charge of. To be sure, the ODNI has made some progress, especially in intelligence-sharing, information technology and budget reform. The DNI and his managers hold interagency meetings every day to promote collaboration. The last director, Blair, doggedly pursued such nitty-gritty issues as procurement reform, compatible computer networks, tradecraft standards and collegiality.

But improvements have been overtaken by volume at the ODNI, as the increased flow of intelligence data overwhelms the system's ability to analyze and use it. Every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications. The NSA sorts a fraction of those into 70 separate databases. The same problem bedevils every other intelligence agency, none of which have enough analysts and translators for all this work.

The practical effect of this unwieldiness is visible, on a much smaller scale, in the office of Michael Leiter, the director of the National Counterterrorism Center. Leiter spends much of his day flipping among four computer monitors lined up on his desk. Six hard drives sit at his feet. The data flow is enormous, with dozens of databases feeding separate computer networks that cannot interact with one another.

There is a long explanation for why these databases are still not connected, and it amounts to this: It's too hard, and some agency heads don't really want to give up the systems they have. But there's some progress: "All my e-mail on one computer now," Leiter says. "That's a big deal."

To get another view of how sprawling Top Secret America has become, just head west on the toll road toward Dulles International Airport.

As a Michaels craft store and a Books-A-Million give way to the military intelligence giants Northrop Grumman and Lockheed Martin, find the off-ramp and turn left. Those two shimmering-blue five-story ice cubes belong to the National Geospatial-Intelligence Agency, which analyzes images and mapping data of the Earth's geography. A small sign obscured by a boxwood hedge says so.

Across the street, in the chocolate-brown blocks, is Carahsoft, an intelligence agency contractor specializing in mapping, speech analysis and data harvesting. Nearby is the government's Underground Facility Analysis Center. It identifies overseas underground command centers associated with weapons of mass destruction and terrorist groups, and advises the military on how to destroy them.

Clusters of top-secret work exist throughout the country, but the Washington region is the capital of Top Secret America.

About half of the post-9/11 enterprise is anchored in an arc stretching from Leesburg south to Quantico, back north through Washington and curving northeast to Linthicum, just north of the Baltimore-Washington International Marshall Airport. Many buildings sit within off-limits government compounds or military bases.

Others occupy business parks or are intermingled with neighborhoods, schools and shopping centers and go unnoticed by most people who live or play nearby.

Many of the newest buildings are not just utilitarian offices but also edifices "on the order of the pyramids," in the words of one senior military intelligence officer.

Not far from the Dulles Toll Road, the CIA has expanded into two buildings that will increase the agency's office space by one-third. To the south, Springfield is becoming home to the new $1.8 billion National Geospatial-Intelligence Agency headquarters, which will be the fourth-largest federal building in the area and home to 8,500 employees. Economic stimulus money is paying hundreds of millions of dollars for this kind of federal construction across the region.

It's not only the number of buildings that suggests the size and cost of this expansion, it's also what is inside: banks of television monitors. "Escort-required" badges. X-ray machines and lockers to store cellphones and pagers. Keypad door locks that open special rooms encased in metal or permanent dry wall, impenetrable to eavesdropping tools and protected by alarms and a security force capable of responding within 15 minutes. Every one of these buildings has at least one of these rooms, known as a SCIF, for sensitive compartmented information facility. Some are as small as a closet; others are four times the size of a football field.

SCIF size has become a measure of status in Top Secret America, or at least in the Washington region of it. "In D.C., everyone talks SCIF, SCIF, SCIF," said Bruce Paquin, who moved to Florida from the Washington region several years ago to start a SCIF construction business. "They've got the penis envy thing going. You can't be a big boy unless you're a three-letter agency and you have a big SCIF."

SCIFs are not the only must-have items people pay attention to. Command centers, internal television networks, video walls, armored SUVs and personal security guards have also become the bling of national security.

"You can't find a four-star general without a security detail," said one three-star general now posted in Washington after years abroad. "Fear has caused everyone to have stuff. Then comes, 'If he has one, then I have to have one.' It's become a status symbol."

Among the most important people inside the SCIFs are the low-paid employees carrying their lunches to work to save money. They are the analysts, the 20- and 30-year-olds making $41,000 to $65,000 a year, whose job is at the core of everything Top Secret America tries to do.

At its best, analysis melds cultural understanding with snippets of conversations, coded dialogue, anonymous tips, even scraps of trash, turning them into clues that lead to individuals and groups trying to harm the United States.

Their work is greatly enhanced by computers that sort through and categorize data. But in the end, analysis requires human judgment, and half the analysts are relatively inexperienced, having been hired in the past several years, said a senior ODNI official. Contract analysts are often straight out of college and trained at corporate headquarters.

When hired, a typical analyst knows very little about the priority countries - Iraq, Iran, Afghanistan and Pakistan - and is not fluent in their languages. Still, the number of intelligence reports they produce on these key countries is overwhelming, say current and former intelligence officials who try to cull them every day. The ODNI doesn't know exactly how many reports are issued each year, but in the process of trying to find out, the chief of analysis discovered 60 classified analytic Web sites still in operation that were supposed to have been closed down for lack of usefulness. "Like a zombie, it keeps on living" is how one official describes the sites.

The problem with many intelligence reports, say officers who read them, is that they simply re-slice the same facts already in circulation. "It's the soccer ball syndrome. Something happens, and they want to rush to cover it," said Richard H. Immerman, who was the ODNI's assistant deputy director of national intelligence for analytic integrity and standards until early 2009. "I saw tremendous overlap."

Even the analysts at the National Counterterrorism Center (NCTC), which is supposed to be where the most sensitive, most difficult-to-obtain nuggets of information are fused together, get low marks from intelligence officials for not producing reports that are original, or at least better than the reports already written by the CIA, FBI, National Security Agency or Defense Intelligence Agency.

When Maj. Gen. John M. Custer was the director of intelligence at U.S. Central Command, he grew angry at how little helpful information came out of the NCTC. In 2007, he visited its director at the time, retired Vice Adm. John Scott Redd, to tell him so. "I told him that after 41/2 years, this organization had never produced one shred of information that helped me prosecute three wars!" he said loudly, leaning over the table during an interview.

Two years later, Custer, now head of the Army's intelligence school at Fort Huachuca, Ariz., still gets red-faced recalling that day, which reminds him of his frustration with Washington's bureaucracy. "Who has the mission of reducing redundancy and ensuring everybody doesn't gravitate to the lowest-hanging fruit?" he said. "Who orchestrates what is produced so that everybody doesn't produce the same thing?"

He's hardly the only one irritated. In a secure office in Washington, a senior intelligence officer was dealing with his own frustration. Seated at his computer, he began scrolling through some of the classified information he is expected to read every day: CIA World Intelligence Review, WIRe-CIA, Spot Intelligence Report, Daily Intelligence Summary, Weekly Intelligence Forecast, Weekly Warning Forecast, IC Terrorist Threat Assessments, NCTC Terrorism Dispatch, NCTC Spotlight . . .

It's too much, he complained. The inbox on his desk was full, too. He threw up his arms, picked up a thick, glossy intelligence report and waved it around, yelling.

"Jesus! Why does it take so long to produce?"

"Why does it have to be so bulky?"

"Why isn't it online?"

The overload of hourly, daily, weekly, monthly and annual reports is actually counterproductive, say people who receive them. Some policymakers and senior officials don't dare delve into the backup clogging their computers. They rely instead on personal briefers, and those briefers usually rely on their own agency's analysis, re-creating the very problem identified as a main cause of the failure to thwart the attacks: a lack of information-sharing.

The ODNI's analysis office knows this is a problem. Yet its solution was another publication, this one a daily online newspaper, Intelligence Today. Every day, a staff of 22 culls more than two dozen agencies' reports and 63 Web sites, selects the best information and packages it by originality, topic and region.

Analysis is not the only area where serious overlap appears to be gumming up the national security machinery and blurring the lines of responsibility.

Within the Defense Department alone, 18 commands and agencies conduct information operations, which aspire to manage foreign audiences’ perceptions of U.S. policy and military activities overseas.

And all the major intelligence agencies and at least two major military commands claim a major role in cyber-warfare, the newest and least-defined frontier.

"Frankly, it hasn't been brought together in a unified approach," CIA Director Panetta said of the many agencies now involved in cyber-warfare.

"Cyber is tremendously difficult" to coordinate, said Benjamin A. Powell, who served as general counsel for three directors of national intelligence until he left the government last year. "Sometimes there was an unfortunate attitude of bring your knives, your guns, your fists and be fully prepared to defend your turf." Why? "Because it's funded, it's hot and it's sexy."

Last fall, U.S. Army Maj. Nidal Malik Hasan allegedly opened fire at Fort Hood, Tex., killing 13 people and wounding 30. In the days after the shootings, information emerged about Hasan's increasingly strange behavior at Walter Reed Army Medical Center, where he had trained as a psychiatrist and warned commanders that they should allow Muslims to leave the Army or risk "adverse events." He had also exchanged e-mails with a well-known radical cleric in Yemen being monitored by U.S. intelligence.

But none of this reached the one organization charged with handling counterintelligence investigations within the Army. Just 25 miles up the road from Walter Reed, the Army's 902nd Military Intelligence Group had been doing little to search the ranks for potential threats. Instead, the 902's commander had decided to turn the unit's attention to assessing general terrorist affiliations in the United States, even though the Department of Homeland Security and the FBI's 106 Joint Terrorism Task Forces were already doing this work in great depth.

The 902nd, working on a program the commander named RITA, for Radical Islamic Threat to the Army, had quietly been gathering information on Hezbollah, Iranian Republican Guard and al-Qaeda student organizations in the United States. The assessment "didn't tell us anything we didn't know already," said the Army's senior counterintelligence officer at the Pentagon.

Secrecy and lack of coordination have allowed organizations, such as the 902nd in this case, to work on issues others were already tackling rather than take on the much more challenging job of trying to identify potential jihadist sympathizers within the Army itself.

Beyond redundancy, secrecy within the intelligence world hampers effectiveness in other ways, say defense and intelligence officers. For the Defense Department, the root of this problem goes back to an ultra-secret group of programs for which access is extremely limited and monitored by specially trained security officers.

These are called Special Access Programs - or SAPs - and the Pentagon's list of code names for them runs 300 pages. The intelligence community has hundreds more of its own, and those hundreds have thousands of sub-programs with their own limits on the number of people authorized to know anything about them. All this means that very few people have a complete sense of what's going on.

"There's only one entity in the entire universe that has visibility on all SAPs - that's God," said James R. Clapper, undersecretary of defense for intelligence and the Obama administration's nominee to be the next director of national intelligence.

Such secrecy can undermine the normal chain of command when senior officials use it to cut out rivals or when subordinates are ordered to keep secrets from their commanders.

One military officer involved in one such program said he was ordered to sign a document prohibiting him from disclosing it to his four-star commander, with whom he worked closely every day, because the commander was not authorized to know about it. Another senior defense official recalls the day he tried to find out about a program in his budget, only to be rebuffed by a peer. "What do you mean you can't tell me? I pay for the program," he recalled saying in a heated exchange.

Another senior intelligence official with wide access to many programs said that secrecy is sometimes used to protect ineffective projects. "I think the secretary of defense ought to direct a look at every single thing to see if it still has value," he said. "The DNI ought to do something similar."

The ODNI hasn't done that yet. The best it can do at the moment is maintain a database of the names of the most sensitive programs in the intelligence community. But the database does not include many important and relevant Pentagon projects.

Because so much is classified, illustrations of what goes on every day in Top Secret America can be hard to ferret out. But every so often, examples emerge. A recent one shows the post-9/11 system at its best and its worst.

Last fall, after eight years of growth and hirings, the enterprise was at full throttle when word emerged that something was seriously amiss inside Yemen. In response, President Obama signed an order sending dozens of secret commandos to that country to target and kill the leaders of an al-Qaeda affiliate.

In Yemen, the commandos set up a joint operations center packed with hard drives, forensic kits and communications gear. They exchanged thousands of intercepts, agent reports, photographic evidence and real-time video surveillance with dozens of top-secret organizations in the United States.

That was the system as it was intended. But when the information reached the National Counterterrorism Center in Washington for analysis, it arrived buried within the 5,000 pieces of general terrorist-related data that are reviewed each day. Analysts had to switch from database to database, from hard drive to hard drive, from screen to screen, just to locate what might be interesting to study further.

As military operations in Yemen intensified and the chatter about a possible terrorist strike increased, the intelligence agencies ramped up their effort. The flood of information into the NCTC became a torrent.

Somewhere in that deluge was even more vital data. Partial names of someone in Yemen. A reference to a Nigerian radical who had gone to Yemen. A report of a father in Nigeria worried about a son who had become interested in radical teachings and had disappeared inside Yemen.

These were all clues to what would happen when a Nigerian named Umar Farouk Abdulmutallab left Yemen and eventually boarded a plane in Amsterdam bound for Detroit. But nobody put them together because, as officials would testify later, the system had gotten so big that the lines of responsibility had become hopelessly blurred.

"There are so many people involved here," NCTC Director Leiter told Congress.

"Everyone had the dots to connect," DNI Blair explained to the lawmakers. "But I hadn't made it clear exactly who had primary responsibility."

And so Abdulmutallab was able to step aboard Northwest Airlines Flight 253. As it descended toward Detroit, he allegedly tried to ignite explosives hidden in his underwear. It wasn't the very expensive, very large 9/11 enterprise that prevented disaster. It was a passenger who saw what he was doing and tackled him. "We didn't follow up and prioritize the stream of intelligence," White House counterterrorism adviser John O. Brennan explained afterward. "Because no one intelligence entity, or team or task force was assigned responsibility for doing that follow-up investigation."

Blair acknowledged the problem. His solution: Create yet another team to run down every important lead. But he also told Congress he needed more money and more analysts to prevent another mistake.

More is often the solution proposed by the leaders of the 9/11 enterprise. After the Christmas Day bombing attempt, Leiter also pleaded for more - more analysts to join the 300 or so he already had.

The Department of Homeland Security asked for more air marshals, more body scanners and more analysts, too, even though it can't find nearly enough qualified people to fill its intelligence unit now. Obama has said he will not freeze spending on national security, making it likely that those requests will be funded.

More building, more expansion of offices continues across the country. A $1.7 billion NSA data-processing center will be under construction soon near Salt Lake City. In Tampa, the U.S. Central Command’s new 270,000-square-foot intelligence office will be matched next year by an equally large headquarters building, and then, the year after that, by a 51,000-square-foot office just for its special operations section.

Just north of Charlottesville, the new Joint-Use Intelligence Analysis Facility will consolidate 1,000 defense intelligence analysts on a secure campus.

Meanwhile, five miles southeast of the White House, the DHS has broken ground for its new headquarters, to be shared with the Coast Guard. DHS, in existence for only seven years, already has its own Special Access Programs, its own research arm, its own command center, its own fleet of armored cars and its own 230,000-person workforce, the third-largest after the departments of Defense and Veterans Affairs.

Soon, on the grounds of the former St. Elizabeths mental hospital in Anacostia, a $3.4 billion showcase of security will rise from the crumbling brick wards. The new headquarters will be the largest government complex built since the Pentagon, a major landmark in the alternative geography of Top Secret America and four times as big as Liberty Crossing.

Identity Dominance: The U.S. Military’s Biometric War in Afghanistan

For years the U.S. military has been waging a biometric war in Afghanistan, working to unravel the insurgent networks operating throughout the country by collecting the personal identifiers of large portions of the population. A restricted U.S. Army guide on the use of biometrics in Afghanistan obtained by Public Intelligence provides an inside look at this ongoing battle to identify the Afghan people.

Mohammad Zahid was not the target of a joint military operation that came through his village in Khost Province in late February 2012. However, that day the twenty-two year old man who claimed to be a student was arrested and eventually convicted in an Afghan court because his fingerprints reportedly matched those found on an improvised explosive device (IED) cache that had been discovered the previous year.

Zahid was one of more than a hundred military-age males that were scanned that day by the joint coalition forces and Afghan National Army operation. As part of its effort to combat insurgent forces interspersed within an indigenous population, the use of biometrics has become a central component of the U.S. war effort. Having expanded heavily since its introduction during the war in Iraq, biometric identification and tracking of individuals has become a core mission in Afghanistan with initiatives sponsored by the U.S. and Afghan governments seeking to obtain the biometric identifiers of nearly everyone in the country.

Though there is no formal doctrine or universally accepted tactics, techniques, and procedures for using biometrics throughout the U.S. military, a 2011 U.S. Army handbook and several other documents obtained by Public Intelligence provide insight into the practical use of biometrics in Afghanistan, showing both the level of collection and the functional use of the data for intelligence gathering, force protection and even obtaining criminal convictions. By collecting vast amounts of information on the population of Afghanistan, including both friend and foe alike, the U.S. military has sought to achieve identity dominance by undermining the fluid anonymity of terrorist and criminal networks and attaching permanent identities to malicious actors.

What is biometrics?

While the use of biometrics has become an increasingly important part of the war in Afghanistan, there is a fundamental lack of agreement about the doctrine surrounding the collection and use of biometric information. An introduction to the 2011 U.S. Army Commander’s Guide to Biometrics in Afghanistan states that there is “no formal doctrine; universally accepted tactics, techniques, and procedures; or institutionalized training programs across the Department of Defense” for biometric capabilities. Despite this lack of formal doctrine, the U.S. military is currently using more than 7,000 devices to collect biometric data from the Afghan population. Though biometrics can take the form of any “measurable biological (anatomical and physiological) and behavioral characteristic that can be used for automated recognition,” the biometric identifiers being collected in Afghanistan consist primarily of fingerprints, iris scans and facial photographs. Other biological characteristics, which are referred to as modalities, that can be used to identify a person include certain types of voice patterns, palm prints, DNA, as well as behavioral characteristics such as gait and even keystroke patterns on a keyboard.

The U.S. military currently uses three devices for collecting the bulk of the biometric data harvested in Aghanistan: the Biometrics Automated Toolset (BAT), Handheld Interagency Identity Detection Equipment (HIIDE) and Secure Electronic Enrollment Kit (SEEK). The BAT is used primarily by the Army and Marine Corps and consists of a laptop computer and separate peripherals for collecting fingerprints, scanning irises, and taking photographs. The HIIDE is more mobile, providing a handheld device capable of collecting fingerprints, scanning irises and taking photographs. Like the BAT, the HIIDE can connect to a network of approximately 150 servers throughout Afghanistan to upload and download current biometric information and watchlists. The SEEK is also a handheld device with many of the same capabilities of the HIIDE, though it also has a built-in keyboard for remotely entering biographical information on the subject. Used primarily by special operations forces, the SEEK will eventually replace the HIIDE as the standard collection device for the Army and Marine Corps.


Airman 1st Class Michael Vue, 455th Expeditionary Security Forces Squadron entry controller, scans an Afghan woman’s iris in the waiting area of the Egyptian Hospital at Bagram Airfield, Afghanistan, on April 16. Medical teams use biometrics to identify and track the records for all incoming patients by scanning their iris and fingerprints and then inputting the information into a database. Photo via U.S. Air Force.

Data from these devices is stored in local and national databases which can be searched and compared with other intelligence information to help identify enemy combatants. All biometric data collected in Afghanistan is ultimately sent back to the DOD’s Automated Biometric Identification System (ABIS) located in West Virginia, where it is stored and also shared with the Department of Homeland Security (DHS) and FBI. Partnerships with other nations also allow the DOD to run data against biometrics collected by foreign governments and law enforcement.

Enroll Everyone

Though the use of biometrics is relatively new for U.S. forces, collection efforts in Afghanistan have become ubiquitous, taking in data on large swaths of the population from government officials to local villagers. In 2009, it was reported that even foreign journalists covering the war in Afghanistan would be required to provide their biometric data before being accredited and provided access to military facilities. The collection of biometric data is viewed as being so essential to the war effort that the Afghan Ministry of Interior was enlisted to help run a program called Afghan 1000, which provides a comprehensive framework for collecting biometric data on the citizens of Afghanistan. The program established a goal of enrolling eighty percent of the country’s population by 2012, covering nearly 25 million people. While the actual enrollment numbers are not public, the Afghan 1000 program has been in operation for several years, collecting data for every traveler passing through Kabul International Airport, border crossings and Afghan Population Registration Department offices throughout the country.

The stated goal of the Afghan effort is no less than the collection of biometric data for every living person in Afghanistan. At a conference with Afghan officials in 2010, the commander of the U.S. Army’s Task Force Biometrics Col. Craig Osborne told the attendees that the collection of biometric data is not simply about “identifying terrorists and criminals,” but that “it can be used to enable progress in society and has countless applications for the provision of services to the citizens of Afghanistan.” According to Osborne, biometrics provide the Afghan government with “identity dominance” enabling them to know who their citizens are and link actions with actors. “Your iris design belongs only to you and your left and right irises are different,” Osborne said at the conference. “A name can be changed or altered illegally or even legally, but once your iris is formed at the age of six months, it cannot be altered, duplicated or forged.”

The U.S. Army Commander’s Guide to Biometrics in Afghanistan recommends that “all combat outposts and checkpoints throughout Afghanistan make it a priority to collect biometric data from as many local nationals as possible.” During cordoning operations, the guide advises soldiers to “enroll everyone” including the dead, from which DNA is often collected using buccal swabs to capture the cells that line the mouth. While Afghanistan offers “an extraordinarily complicated environment for the broad employment of biometrics,” the guide notes that the “payoff to U.S. and coalition forces is so great in terms of securing the population and identification of bad actors in the country, that commanders must be creative and persistent in their efforts to enroll as many Afghans as possible.”


U.S. Army Spc. Robert Irwin, serving with 2nd Platoon, D Company, 3rd Battalion, 509th Infantry Regiment, 25th Infantry Division, Task Force Gold Geronimo, uses his Handheld Interagency Identity Detection Equipment (HIIDE) to scan a local Afghan man’s fingerprints, Paktya Province, Afghanistan, Jan. 30, 2012. Photo via U.S. Army.

In a section titled “Population Management,” the U.S. Army’s guide recommends that “every person who lives within an operational area should be identified and fully biometrically enrolled with facial photos, iris scans, and all ten fingerprints (if present).” The soldiers must also record “good contextual data” about the individual such as “where they live, what they do, and to which tribe or clan they belong.” According to the guide, popuation management actions “can also have the effect of building good relationships and rapport” by sending the message that the “census” is intended to protect them from “the influence of outsiders and will give them a chance to more easily identify troublemakers in their midst.” A checklist included in the section includes the following instructions:

  • Locate and identify every resident (visit and record every house and business). At a minimum, fully biometrically enroll all military-age males as follows:
    • Full sets of fingerprints.
    • Full face photo.
    • Iris scans.
    • Names and all variants of names.
    • BAT associative elements:
      • Address.
      • Occupation.
      • Tribal name.
      • Military grid reference of enrollment.
  • Create an enrollment event for future data mining.
  • Listen to and understand residents’ problems.
  • Put residents in a common database.
  • Collect and assess civil-military operations data.
  • Identify local leaders and use them to identify the populace.
  • Use badging to identify local leaders, and key personnel.
  • Cultivate human intelligence sources.
  • Push indigenous forces into the lead at every possible opportunity.
  • Track persons of interest; unusual travel patterns may indicate unusual activities.
Widespread enrollment of the population or the “census” as the guide refers to it, is seen in Afghanistan “as supportive of the local government, particularly if accompanied with a badging program that highlights the government’s presence in an area.” Tribal leaders and clan heads can use biometrics to control their local area which can lend “authority to tribal leadership by helping them keep unwanted individuals out of their areas.”

Biometric Watch Lists

One of the most essential products of the widespread collection of biometric data in Afghanistan is the Biometric Enabled Watch List (BEWL). Known as “the watch list,” the BEWL is a “collection of individuals whose biometrics have been collected and determined by [biometrics-enabled intelligence (BEI)] analysts to be threats, potential threats, or who simply merit tracking.” When loaded onto a biometrics collection device like the HIIDE, the BEWL “allows for instantaneous feedback on biometrics collections without the need for real-time communications to the authoritative biometrics database,” allowing the soldier to immediately identify persons of interest.

Once BEI analysts combine all of the data from biometric enrollments, forensic evidence, and other forms of intelligence they develop the BEWL in cooperation with numerous other intelligence agencies and organizations throughout the government. At least twenty-nine dedicated BEI analysts located throughout Afghanistan work to create the BEWL and individual units can request that specific individuals be added or removed from the list. When a person’s biometric data is collected in Afghanistan and they are not matched to an entity on the watch list, the data and “associated contextual information required for enrollment” are transmitted back to the ABIS in West Virgina for matching against all other collected biometrics, including the 90 million fingerprint entries collected by DHS and 55 million from criminal enrollments made by the FBI. If a match is found there, the information is sent to the National Ground Intelligence Center (NGIC) in Charlottesville, VA which generates a biometrics intelligence analysis report (BIAR) detailing the history and potential threat posed by the individual. NGIC then contacts Task Force Biometrics in Afghanistan which notifies the proper unit in the operational environment. Depending on the unit collecting the biometric data, this process can take anywhere from a few minutes to several days if the match is made against a latent fingerprint. Whether a match is ultimately found or not, all information is stored for further use in the BEI process.


A figure from the U.S. Army Commander’s Guide to Biometrics in Afghanistan explaining the linkage between exploitation of biometric information and enrollment on the battlefield.

Even when it is obvious that the people being enrolled have no connection to the insurgency, the Commander’s Guide to Biometrics in Afghanistan emphasizes that “all collections are important.” The guide states that identification of the “population in a particular area is essential to effective counterinsurgency operations” and essential to a unit’s capacity for “owning ground” in a combat zone. Units must know “who lives where, who does what, who belongs, and who does not.” Mapping the “human terrain” is described as key to security, allowing U.S. forces to know “who they are, what they do, to whom they are related” and to help “separate the locals from the insurgents.” To aid this effort, the guide recommends demonstrating the “value of biometrics” to subordinates and having a “belief in biometrics” so that the “support staff and leaders do not treat biometrics operations as a check-the-block activity.”

Obtaining Convictions

While biometrics are best known for helping U.S forces identify and locate suspected insurgents in Afghanistan, battlefield forensics has become an increasingly important part of the Afghan justice system, helping to convict individuals of aiding the Taliban by hiding weapons caches or constructing roadside bombs. The U.S. Army’s guide notes that forensics are “being used at an increasing rate by the Afghan criminal justice system, and convictions are now occurring in the Afghan courts based solely on biometric evidence.” The U.S. Army’s Afghanistan Theater of Operations Evidence Collection Guide advises soldiers on how to collect various forms of biometric evidence for forensic investigators to provide to Afghan prosecutors in the hopes of obtaining a conviction. This reliance on criminal convictions is part of a “transition from law of war-based detentions to evidence-based criminal detentions” where U.S. and coalition forces must “coordinate with the relevant local, provincial, or national prosecutors and judges to determine the specific type and amount of evidence deemed credible” by providing “evidence and witness statements for use in an Afghan court of law to enable the National Security Prosecutor’s Unit (NSPU) or a provincial criminal court to prosecute and convict criminal suspects.” The guide advises soldiers to “enroll all subjects on-site” following a criminal activity and “ensure that a full enrollment is collected, to include iris scans, ten digit fingerprints, a full facial photograph, and other biometric data.” Complex instructions are included on collecting latent fingerprints from pieces of evidence and collecting DNA samples from potential suspects. The International Security Assistance Force (ISAF) Guide to Evidence Collection also contains similar instructions including how to make plaster casts of footprint and tire tracks to provide to investigators.



A summary of the conviction of an Afghan man last year for building and emplacing improvised explosive devices (IEDs) that was based entirely upon biometric evidence.

A study in the January 2014 issue of National Defense University’s Joint Force Quarterly found that Afghan courts are increasingly looking for “biometrics as a component of the prosecution’s case.” Focusing particular attention on the Afghan National Security Court located at the Justice Center in Parwan (JCIP), which is described as a “model for successful use of biometric evidence in criminal prosecutions,” the study describes the “prominent role” that biometrics now play in obtaining convictions at the facility. In fact, the Afghan National Security Court has obtained convictions in “almost every case where a biometric match has been made between the defendant and the criminal instrument.” The study also found that sentences are consistently longer for individuals convicted using biometric evidence like fingerprints or DNA. “Collections and enrollments matter and increase the effectiveness of all other operations” the authors state at the conclusion of the study, instructing their readers to “treat every event as a means to collect additional biometrics.”

The number of convictions in Afghan courts based solely on biometric evidence is unknown, as is the accuracy of the systems used for determining a biometric match. However, we do know that the number of prosecutions is going up. One such example is the case of Mohammad Zahid, the twenty-two-year-old man arrested in Khost Province in February 2012. Zahid was arrested with nothing on his person. He claimed to be a student and said he had no connection with the Taliban, yet a latent fingerprint from an IED found in a cache the previous year along with cell phones, battery packs and other bomb-making supplies reportedly matched his own. Zahid was one of over a hundred military-age males enrolled in that village in Khost on February 23, 2012. Now, he will spend years in prison and, according to his testimony, does not know why his fingerprints were found on the bomb-making equipment discovered by coalition forces.

20140422

Man calls to report a burglary, deputy arrives and shoots his dog in the head

"Serve and Protect? More like Invade and Attack," said the homeowner.


RAINS COUNTY, TX — A man says that when he called police to report that his home had been burglarized, he waited hours for an officer to arrive — only to witness his dog promptly being shot in the head by the responding deputy. He says when more backup arrived, they mocked and intimidated him with a taser.

On April 18th, Cole and Jayna Middleton discovered that their home had been broken into. Several items had been stolen, including the family’s firearms. Mr. Middleton phoned the Rains County Sheriff’s Office for help.

Mr. Middleton, a farmer and cattle rancher, tended his crops while waiting approximately 2.5 hours for a deputy to arrive and take a police report. Middleton’s father was in the pasture with him, along with the family’s beloved pet and trusted cow-herder ‘Candy.’ Candy was a 3-year-old Blue Heeler (also known as an Australian Cattle Dog) and weighed approximately 40 pounds. She was sitting in the back of a pickup truck as they worked.

When Rains County Deputy Jerred Dooley arrived, Middleton and his father both say they witnessed the deputy stick his head into the door of their house, which was nearly 40 yards away. Candy barked at the unknown stranger, hopped out of the truck and approached the house “bark[ing] like all good dogs do,” Middleton described.

Cole Middeton and his father immediately made their way up to the house to meet the deputy, but it was already too late. Candy was dying on the ground of a gunshot wound to the head.

“I shot your dog, sorry,” Middleton remembers Deputy Dooley telling him.


‘Candy’ lies dead after being shot by a Rains County TX deputy.

Middleton says that Candy was shot behind the ear — in the side of her head — a wound he believes indicates that she was not facing the deputy.

The deputy then retreated to his squad car, and using his vehicle loudspeaker, ordered the men “do not approach the vehicle.” Reinforcements were called.

Middleton says that he could not bear to see his dog “yelping and thrashing in unbearable pain.” He asked the deputy to finish her, but he refused. Middleton’s guns had been stolen — the reason for calling the police — so he had no choice but to mercifully end her life with his bear hands; he gathered some water in a bucket and drowned her. He was devastated, and stressed that Candy was only barking and had never been aggressive.

According to the rancher’s account, 3 additional police officers arrived in separate vehicles. A state trooper named Hayes allegedly pulled up and immediately threatened the grieving family with a drawn taser.

Middleton described the four officers as “very intimidating” and decided that documentation was necessary and began filming the encounter with his cell phone. Video shows Trooper Hayes, with his weapon still drawn, mocking the victim by looking into the camera, saying: “Hi mom! Hi Channel 8! How you doing?”

“He pulls up to my place and shoots my damn cow dog,” an upset Mr. Middleton told the other officers. “The man pulled up without cause and shoots my dog.”

“I had no choice. I wasn’t gonna get bit,” Dooley attempted to explain.

Middleton documented the incident in a detailed Facebook account. “When we call on peace officers for their help and assistance we expect them to serve and protect us, especially if we are the victims,” he wrote. “Serve and Protect? More like Invade and Attack.”

Unfortunately the Middletons are the latest victim of a nationwide epidemic of unnecessary pet killings by police — otherwise known as “puppycide.” (See more cases of puppycide here.)

 Accountability Check
Give Sheriff David Traylor a performance appraisal regarding Deputy Jerred Dooley, badge #510.
Rains County Sheriff’s Department (Texas)
Phone:  903-473-3181
Join the victim’s family on facebook:  Justice for Candy Middleton