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Location: UFOUpDatesList.Com > 2007 > Aug > Aug 16

Secrecy News -- 08/15/07

From: Steven Aftergood <saftergood.nul>
Date: Wed, 15 Aug 2007 13:00:01 -0400
Archived: Thu, 16 Aug 2007 10:43:13 -0400
Subject: Secrecy News -- 08/15/07


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2007, Issue No. 84
August 15, 2007


**	INCREASED DOMESTIC ROLE FOR INTELLIGENCE FORESEEN
**	BALLISTIC MISSILE DEFENSE IN EUROPE


INCREASED DOMESTIC ROLE FOR INTELLIGENCE FORESEEN

Spy satellites and other classified intelligence technologies
are poised to play a greater role in domestic homeland security
and law enforcement missions, challenging long-standing legal
and policy barriers against their domestic use.

The Wall Street Journal reported today that the Director of
National Intelligence recently authorized access to intelligence
satellite products by officials of the Department of Homeland
Security to help support border security.

See "U.S. to Expand Domestic Use of Spy Satellites" by Robert
Block, Wall Street Journal, August 15, p.1:

http://online.wsj.com/article/SB118714764716998275.html

A comprehensive 2005 government study of the use of intelligence
capabilities for domestic applications concluded that
"significant change is needed in policy regimes regulating
domestic use of IC [intelligence community] capabilities" in
order to permit their full exploitation.

"The use of IC capabilities for domestic purposes should be=85
based on the premise that most uses of IC capabilities are
lawful rather than treating any use as an exception to the rule
requiring a case-by-case adjudication," the study said.

"There is an urgent need for a top-down, Executive Branch review
of all laws and policies affecting use of intelligence
capabilities purposes," the report said.

In particular, the 1981 Executive Order 12333 which governs
intelligence activities "should be amended to permit as
unfettered an operational environment for the collection,
exploitation and dissemination [of domestic intelligence data]
as is reasonably possible," the report recommended.

The authors acknowledged that such "unfettered" operation would
require increased oversight, but they suggested that it could be
satisfactorily accomplished by the Privacy and Civil Liberties
Oversight Board. The Board has been a minor, not notably
influential player in recent intelligence policy disputes.

The report acknowledged in passing a problematic 2001 U.S.
Supreme Court ruling in the case Kyllo v. United States, which
concluded that the use of infrared sensors to scan a private
residence for heat lamps used in marijuana cultivation
constituted an unlawful warrantless search. The ruling appears
to be significantly at odds with the new domestic intelligence
thrust.

"This decision has placed in question the continued viability of
past settled practice of the IC within the domestic domain," the
study delicately observed.

Nevertheless, "to date we are not aware of any clear
authoritative guidance issued on the impact, if any, of this
decision."

The 2005 study was first reported by the Wall Street Journal
today. A copy of the unclassified study, which was "produced
solely for the use of the United States Government," was
obtained by Secrecy News.

See "Civil Applications Committee (CAC) Blue Ribbon Study,"
Independent Study Group Final Report, September 2005:

http://www.fas.org/irp/eprint/cac-report.pdf

Intelligence support to domestic environmental monitoring and
emergency response has been conducted since the 1970s under the
supervision of the little-known interagency Civil Appplications
Committee. A 2001 fact sheet describing the history and mission
of the Committee is available here:

http://www.fas.org/irp/eprint/cac-fs.pdf


BALLISTIC MISSILE DEFENSE IN EUROPE

The U.S. Missile Defense Agency has published a glossy brochure
setting forth its vision of a missile defense system based in
Europe.

See "Proposed U.S. Missile Defense Assets in Europe," Missile
Defense Agency, June 15, 2007:

http://www.fas.org/irp/threat/missile/bmd-europe.pdf

Various perspectives on the missile defense program were
presented in a recently updated report of the Congressional
Research Service, "Long-Range Ballistic Missile Defense in
Europe," July 25, 2007:

http://www.fas.org/sgp/crs/weapons/RL34051.pdf



___________________________

Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News blog is at:
 http://www.fas.org/blog/secrecy/

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