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Location: UFOUpDatesList.Com > 2007 > Aug > Aug 27

Secrecy News -- 08/27/07

From: Steven Aftergood <saftergood.nul>
Date: Mon, 27 Aug 2007 12:00:01 -0400
Archived: Mon, 27 Aug 2007 14:58:50 -0400
Subject: Secrecy News -- 08/27/07


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2007, Issue No. 87
August 27, 2007

Secrecy News Blog: http://www.fas.org/blog/secrecy/

Support Secrecy News:
http://www.fas.org/static/contrib_sec.jsp


**	THE FBI AS AN INTELLIGENCE ORGANIZATION
**	DOMESTIC USE OF SPY SATELLITES QUESTIONED
**	ARMY JAG ISSUES OPERATIONAL LAW HANDBOOK


THE FBI AS AN INTELLIGENCE ORGANIZATION

The Federal Bureau of Investigation, which has increasingly
supplemented its traditional law enforcement role with new
intelligence and counterterrorism functions, now says its
paramount objective is to "prevent, disrupt, and defeat
terrorist operations before they occur."

New domestic intelligence collection activities that have been
adopted in pursuit of this goal are described in unusual detail
in the Bureau's 2008 budget request.

http://fas.org/irp/agency/doj/fbi/2008just.pdf

Special attention is given to cultivating human intelligence
sources.

"The FBI recruits new CHSs [confidential human sources] every
day," the budget request notes. But without increased budget
support, the FBI says it will not be possible to validate these
sources and to determine the credibility of the information they
provide.

"With current resources, the FBI is unable to reach a point
where all CHSs are successfully subjected to the CHSV
[confidential human source validation] process."

The budget request refers in passing to "more than 15,000"
confidential human sources requiring validation (page 4-24).

The FBI also seeks new funds for intelligence collection
training and operations.

"Without this training, the FBI would lack the full capacity to
provide SAs [special agents] the comprehensive tradecraft,
procedural, legal and policy direction needed to execute the
significant and constitutionally sensitive domestic intelligence
collection mission with confidence," the budget document states
(page 4-27).

The FBI's budgetary focus on expanding its human intelligence
capability was first reported by Justin Rood of ABC News. See
"FBI Proposes Building Network of U.S. Informants," July 25:

http://blogs.abcnews.com/theblotter/2007/07/fbi-proposes-bu.html

The same FBI budget document provides significant new detail on
other FBI intelligence and counterterrorism activities, the FBI
open source program, the National Virtual Translation Center,
and other initiatives.

The Washington Post reported that there were nearly 20,000
positive matches of individuals seeking to enter the United
States who were flagged by the Terrorist Screening Center,
according to the FBI budget request. Despite the surprisingly
large figure, only a small number of arrests resulted.

See "Terror Suspect List Yields Few Arrests" by Ellen Nakashima,
Washington Post, August 25:

http://tinyurl.com/ypd267

DOMESTIC USE OF SPY SATELLITES QUESTIONED

The chairman of the House Homeland Security Committee scolded
Homeland Security Secretary Michael Chertoff last week for
failing to notify him of plans to expand the use of intelligence
satellites for homeland security applications.

"Unfortunately, I have had to rely on media reports to gain
information about this endeavor because neither I nor my staff
was briefed on the decision to create this new office prior to
the public disclosure of this effort," wrote Rep. Bennie
Thompson in an August 22 letter to Secretary Chertoff (who has
been mentioned as a possible nominee to replace Alberto Gonzales
as Attorney General).

"I need you to provide me with an immediate assurance that upon
its October 1st roll out, this program will be operating within
the confines of the Constitution and all applicable laws and
regulations," Chairman Thompson wrote.

"Additionally, because I have not been informed of the existence
of this program for over a two year period, I am requesting that
for the next six weeks, you provide me with bi-weekly briefings
on the progress of the [National Applications Office] working
groups."

http://www.fas.org/irp/congress/2007_cr/thompson082207.pdf

The Thompson letter as well as the new homeland security
initiative were first reported in the Wall Street Journal.

A Washington Post editorial said that any use of spy satellites
for domestic monitoring "must be accompanied... by robust
protections for privacy and civil liberties." The failure to
properly advise Congress was "not a comforting start for a
landmark change."

http://tinyurl.com/2zbmu3

ARMY JAG ISSUES OPERATIONAL LAW HANDBOOK

A comprehensive introduction to military operational law is
presented in a new edition of the Operational Law Handbook
published by the U.S. Army Judge Advocate General.

The Handbook, intended for the use of judge advocates, describes
tactics and techniques for the practice of operational law.

Along the way, it provides a useful survey of the laws of war,
human rights law, prisoner detainment policy, the use of
contractors alongside military forces, and intelligence law,
among other topics.

"Because intelligence is so important to the commander,
operational lawyers must understand the basics of intelligence
law, including how law and policy pertain to the collection of
human intelligence, such as interrogation operations," the
Handbook states.

See "Operational Law Handbook," The Judge Advocate General's
Legal Center and School, July 2007 (667 pages, 6 MB PDF file):

http://www.fas.org/irp/doddir/army/law2007.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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