How can lawmakers maintain a balanced approach while collecting intelligence on United States persons in order to prevent a national security crime and provide full consideration to the rights of said persons? Does the current legislation permit U.S. Army Counterintelligence Special Agents to conduct investigations to the fullest extent or does it hamper their ability to properly investigate? Lawmakers have asked these questions since the inception of government executed counterintelligence operations in order to support our country’s leaders trying to strike the perfect balance of investigative freedom and citizen’s rights. When the Counterintelligence Corps was formed in 1961 there were few laws that governed intelligence collection. …show more content…
Its goal is to protect the rights of U.S. Citizens by giving everyone an expectation of privacy with a reasonable standard of the Fourth Amendment. As stated by Executive Order 12333, one main goal is: All means, consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged. (Executive Order 12333) The Order has four main goals, the one above applies specifically to the relationship of intelligence investigations and civilians rights. Executive Order 12333 was produced for intelligence activities conducted within the Executive Branch of the government, which includes: the Federal Bureau of Investigations (FBI), Naval Criminal Investigative Service, Army Counterintelligence and the Air Force Office of Special Investigations. However, Executive Order 12333 affects intelligence and law enforcement operations because of its jurisdiction over all of these organizations. Operational conduct is distinctly different between law enforcement operations and intelligence investigations conducted by intelligence agencies. Captain Aaron Johnson, an Army Judge Advocate General (JAG) magistrate,
All under the Civil Rights Act of 1964. In the Domestic Terrorism Program the FBI is the lead federal enforcement agency. Watching over the fight against terrorism in the United States. The Terrorism Program investigates any threats involving atomic energy, weapons of mass destruction, sabotage, hostage-taking and civil unrest. The FBI has a National Foreign Intelligence which overseas the U.S. Intelligence Community. Its task is preventing foreign espionage, and espionage on the U.S. economy. Investigating counterintelligence cases within the United States borders.
The various things the congress must insure are being handled properly are the quality of analysis, the legality of actions, operations and making sure the needs of policymakers are met. The first method is the use of the executive branch to monitor covert action and espionage. The head of the executive branch is The President himself. The President also has the power to appoint a commission to assess intelligence topics. One of the Presidents go to is the “Gang of Eight” (made up of the Senate and House Majority and Minority Leaders, and the Chairs and ranking members of the House and Senate Intelligence Committees). The use of the “Gang of Eight” allows the president to notify only them instead of the entire congressional committee. The President also has a committee known as the President’s Intelligence advisory Board. They are used to initiate analysis activities and investigations the President deems
Congress built upon the reforms of the 1970s by passing the Intelligence Oversight Act in 1980. This Act was an amendment to the Hughes-Ryan Act and obligated the IC to report covert actions to both the SSCI and the HPSCI prior to their implementation, unlike the ambiguous previous requirement of a timely manner. The Intelligence Oversight Act was noteworthy in that it constrained the intelligence community more than any previous legislation (Riley 2010). The two biggest shortfalls I see to the system is the number of contributors there are to the system on such a large scale. When I think about all of the redundancy built within the system, I think about all of the possible breakdown in communications that could take place. The second shortfall I see is the legislative leverage that is held over the Intelligence community. I personally believe this to be a mistake because this power could be held in a negative manner and to gain a political stance or agenda. The Congress can withhold money and resources, can leak information to the media and which could cause a mission or operation to
Counterintelligence is one of the most vital areas of the United States intelligence system, and is heavily intertwined with our history, laws and ethics. According to the National Security Act of 1947, counterintelligence (CI) is defined as “information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations or foreign persons, or international terrorist activities.” It consists of five activities and functions: operations, investigations, collection, analysis and production, and functional services. In this aspect, CI is unique in that it is both an activity and its product. U.S. intelligence agencies, including the National Security Agency (NSA) and the Central Intelligence Agency (CIA) collect and analyze both CI information and foreign intelligence. There are many counterintelligence activities that the United States is involved in, as both CI and foreign intelligence play an important role in countering threats to our country’s national security. Among these most controversial and misunderstood activities are counterespionage and disinformation.
The stated purpose is to protect U.S. citizens in the enjoyment of certain rights without discrimination because of race, color, or previous condition of servitude.
The law enforcement agencies and the government are given wide discretionary powers to acquire information not only from suspected people but also from the law-abiding Americans. After attacks of September, 11, the nation 's top most priority is to defend its citizen from the terrorists using all information in the areas of finances, religious organizations, health etc. The law focuses on improving the counterterrorism efforts of intelligence and law enforcement agencies of the United States. It is pertinent to mention that civil freedom of American citizens is not only important during wartimes but also in the period of peace, as such the Patriot
The 1776 united States of America Declaration of Independence contain the words that succinctly describe our national objective, strategy, and message, “We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.” In today’s United States of America, the world acknowledges American’s as the preeminent owner of individual freedoms, holding and promoting these three basic principles for some 240 years. During these years, the U.S. has employed the use of intelligence to shape its objectives and strategies, and then in times of war used the same intelligence to shape strategic messages against foreign powers. However, as hostilities decline and give way to the restoration of relative peace, the use of intelligence for strategic messages against foreign powers ceases. Under these circumstances, the void created by secession of U.S. messages, provides a communication opportunity to foreign powers for transmission of anti-U.S. messages. Attempts have been made to reinstate the offices that during war countered these anti-U.S. messages to a comprehensive reorganization of the U.S Government intelligence community. This paper does not support creation of a new agency or department to utilize existing strategic intelligence.
It basically states that the FBI can obtain secret warrants to go through someone’s business files such as “driver’s license records, hotel records, car-rental records, apartment- leasing history and more”. It also says that the person is not allowed to tell anyone that one of these secret searches has been conducted (Carafano). Something else to note about this section is that the rate in which this is used is increasing. In 2009 it was used 21 to 96 orders in 2010. This is an increase of over 400% according to a report from the Washington Post and they also reported that 80% of these requests were to look at internet records. Another shocking piece of the Act is the National Security Letters. What this is, is the FBI can issue these NSLs and will be given access to someone’s phone records and bank account without getting a court order. A complete violation of the fourth amendment again. In 2000 there were 8,500 uses of these letters but from 2003-2006 there was 196,000 letters and that only lead to one terror conviction according to eff.org. These numbers are staggering because that means the government used most of these letters to look at innocent people’s personal
The National Security Agency (NSA) regards the Order as a legal authorization for its collection of unencrypted information. The act
The Patriot Act modified this so that intelligence gathering need not be the primary purpose for electronic surveillance or secret physical searches. Thus, if an official can certify that obtaining foreign intelligence is a significant purpose of a surveillance action, the other purpose clearly being criminal investigation, he can avoid the requirement that he first show probable cause of criminal activity. This makes it so that the FBI, the CIA, or any other intelligence agency, can surveil Americans without probable cause, as long as they say the surveillance has something to do with a foreign intelligence
The CIA (Central Intelligence Agency) in the United States has been involved in several operations with drug trafficking. Some of these reports claim that the evidence of the Congress indicates that the CIA worked with groups that were known to be involved in drug trafficking. The deals mainly include providing the CIA with useful information and support material, in exchange for allowing their criminal activities to continue, and impede or prevent the arrest, prosecution and imprisonment from United States law enforcement agencies. This "war on drugs" was used as an easy way to increase repression in inner cities and confiscate millions of dollars in private assets through unconstitutional forfeiture laws. These assets were used to fund police burgeoning, and as an active participant in the illegal drug trade, public resources were used to bring heroin and cocaine into American inner cities since the 1960 's.
Counterintelligence (CI) involves actions aimed at protecting the United States against foreign intelligence operations and espionage from penetration and disruption by hostile nations or their intelligence services (Lowenthal, 2014). Three main components of Counterintelligence include collection, defensive and offensive. Collection is ability to gather intelligence information about rivalry capabilities against own nation; defensive part of CI involve measures to prevent and thwarting other nations attempts to penetration into own nations intelligence system; while offensive deal with running double agents to penetrate, manipulate, exploit, and control targeted adversaries. CI is said to be the most essential aspect of the intelligence disciplines, in the sense that collecting vast quantities of secret information and produce excellent analysis of the intelligence, but ineffective counterintelligence measures may diminish confidence the final results (Van Cleave, 2013). According to Federal Bureau of Investigation (2011) “Significant advances have been made in clarifying and rectifying intelligence gaps and requirements through the formation of liaison and working relationships with other U.S. intelligence community agencies, foreign partners, the private sector, and academia”. For instance, since 2001, FBI CI program has resulted to total arrests of 249, of which 46 of them were linked to espionage. Counterintelligence (CI)
Abstract: In this analysis, it is shown throughout the many different agencies how the intelligence cycle is interpreted. Within each of the different agencies everyone has their own way of obtaining information and different policies that they follow, within the constriction of the US constitution. The intelligence cycle states the many different steps taken to obtain intelligence from domestic to foreign information.
Intelligence collection and apprehension of criminals have occurred for many years; however, with the exception of the Federal Bureau of Investigation, these actions were performed by different organizations. Nonetheless, roles and responsibilities have changed since the attacks on September 11, 2001. Intelligence-led policing and the National Criminal Intelligence Sharing program were incorporated, and fusion centers were established to help gather intelligence from different levels of the government. Although law enforcement at the local, state, and tribal levels aid in intelligence collection, it is important to ensure that intelligence gathered to protect national security and law enforcement
Counterintelligence (CI) involves actions aimed at protecting the United States against foreign intelligence operations and espionage from penetration and disruption by hostile nations or their intelligence services (Lowenthal, 2014). Three main components of Counterintelligence include collection, defensive and offensive. The collection is the ability to gather intelligence information about rivalry capabilities against own nation; defensive part of CI involves measures to prevent and thwart other nations ' attempts to penetrate into own nation 's intelligence system; while an offensive aspect deal with running double agents to penetrate, manipulate, exploit, and control targeted adversaries. CI is said to be the most essential aspect of the intelligence disciplines, in the sense that it helps in collecting vast quantities of secret information and produce an excellent analysis of intelligence, although, ineffective counterintelligence measures may diminish confidence in the final results (Van Cleave, 2013).