Tag Archives: Fbi

Penny-Ante State-Based Spies Want To Force Big Kids To Let Them Play With All The Data


The U. S. House just passed two bills under suspension, HR. 3503 and HR. 3598, sponsored by Rep. McCaul (R-TX-10) and Rep. Peter King (R-NY-2). For some reason, McCaul and King are fans of the inept and wasteful “fusion centers”, a network of 78 state-based centers funded partly through DHS.

The idea back in 2006 was that fusion centers would provide “joined-up intelligence”, coordinating federal and state information that would then thwart terrorist attacks in advance.

It didn’t quite work out that way. In fact, there’s good reason why fusion centers are not now the focus of intelligence sharing efforts: They turned out to be a waste of time and resources better spent elsewhere.

A bipartisan 2012 US Senate report blasted the fusion centers for failing to thwart any attacks, for wasting public funds on things like widescreen TVs (for “open source intelligence collection”), and for articulating absurd rationales for surveilling peaceful domestic activists. One fusion center labeled supporters of Ron Paul and the Campaign for Liberty as potential domestic terrorists; in Boston and around the country, veterans’ groups, the Occupy movement and Black Lives Matter have come under sustained scrutiny. Fusion centers don’t thwart terrorism; they offer states a bureaucratic mechanism to funnel DHS grants to, say, northeastern Ohio (which has its own fusion center), distributing them away from areas more likely to be targeted by terrorists. They collect and sit on mounds of unverified gossip about “suspicious” people, gossip that often appears motivated by racial or religious bias. These threats are nonsensical; there is no reason to lend them credence.

These bills should be seen clearly for what they are. They’re not efforts to actually thwart terrorist attacks better; they’re salvos in a turf war between intelligence agencies. Fusion centers are often left out of data sharing by other surveillance agencies, such as the FBI, TSA, CBP and other DHS agencies. Instead of allowing discretionary sharing with individual fusion centers, H. 3598 requires support for the National Fusion Center Network specifically, and aims to “ensur[e] that fusion centers in the Network are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with state and local entities.” HR. 3503 seeks to integrate fusion centers more closely with border security, in the form of CBP, TSA and the Coast Guard, forcing those agencies to analyze whether it would be beneficial to station CBP, TSA and CG personnel at fusion centers, in lieu of simply sharing data electronically. The bill gives the Under-Secretary of Intelligence and Analysis at DHS an ultimatum to agree within one year with all 78 fusion centers how DHS and the fusion centers will share and disclose data. Of course, the bills take no steps to make fusion centers effective in the future, so there’s no way to test whether the bills will actually do good if they pass. All they offer Congress is reports on whether fusion centers have particular policies, not whether the policies work; whether they are sharing information, not whether the sharing actually results in less terrorism or less crime.

We support the sharing of important, verified leads, based on probable cause of actual criminal plots. But these bills make us less, not more, safe, by encouraging the kind of information sharing that will overwhelm agencies like FBI and other parts of DHS with useless false positives. They will waste the time of FBI Joint Terrorism Task Force personnel, forcing them to spend time dealing with an extra agency when time is of the essence. There is no language that would involve actual evaluation of whether the information they hold is accurate, useful or constitutionally appropriate to hold. As constitutional activists, we’re no fans of the FBI’s efforts to convert themselves into a federal counterterrorism and domestic surveillance agency, and there’s plenty of overlap already among federal agencies fighting for a piece of the seemingly unending stream of counterterrorism tax dollars; but extending sharing further by forcing everything to go via the fusion centers seems even more counterproductive.

Call your Senator, and urge them to vote against these bills!

No Secret Laws: Ninth Circuit Weakens Secrecy Surrounding “National Security Letters”

Parts of the opinion were particularly pithy.

Parts of the opinion were particularly pithy.

When the USA FREEDOM Act passed on June 2, we criticized it as weak-tea reform that codified rather than changing surveillance agency practices. It’s still weak-tea reform that codified agency practices, but it has also now led to a new and valuable ruling on the infamous practice of “national security letters” (NSLs).

NSLs are issued by the FBI, mostly to companies, and ask them for information on their users. They originated in the late 1970s, but at that time the FBI couldn’t require compliance; enforcement mechanisms were added only in the late 1990s, after the Aldrich Ames spy scandal. The PATRIOT Act of 2001 loosened the rules, allowing, among other changes, NSLs to be issued without the specific approval of the FBI Director or Assistant Director. NSL use exploded from 8,500 in 2000 to 56,504 in 2004 and still runs at a rate of above 21,000 per year. NSL recipients are barred from discussing whether they have received them or what the NSL asks for. Companies aren’t even allowed under law to state that they have not received any NSLs. The argument the government has repeatedly made is that allowing companies to say this, would encourage terrorists to use those companies and not others; but this attitude also leaves the average privacy-conscious consumer in the same soup as the “terrorist.”

Until now, with a new ruling from the Ninth Circuit.

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Secretive “JTTF” Group Inspires Terror Plot In Western MA


Imagine this story. “A shadowy group referred to in the press as “the JTTF” has claimed responsibility for a planned attack on a college cafeteria. Aspiring martyr Alex Ciccolo, 23, of North Adams, MA, apparently fell under the influence of this group over a year ago. The JTTF has over one hundred cells located all over the country.

This is not the first time the JTTF has claimed responsibility for fomenting fear in our nation’s cities. It has a pattern of recruiting vulnerable, mentally ill young men, often playing on their religious feelings to incite them into criminal attacks on their fellow Americans.”

This reads like an absurd fiction, but it’s actually a fairly accurate description of the work done by the FBI’s Joint Terrorism Task Force on the recently announced Ciccolo case and in many other similar cases over the years.

First, to the facts. On July 14, it was announced that Alexander Ciccolo, 23, of North Adams, MA, had been arrested on July 4 for felony possession of four firearms previously used in interstate commerce. It was a felony because he had previously been convicted of a DUI in February of this year. The firearms had been delivered to him by a confidential FBI informant being paid by the FBI’s Western Massachusetts JTTF.

A supporting affidavit alleges, based on the testimony of a paid confidential informant, that Ciccolo intended to attack targets such as “college cafeterias”, maybe in Massachusetts and maybe elsewhere, and had expressed support for ISIS; and that Molotov cocktails, jihadist materials, and terror attack planning materials were found at his home. The FBI says they were tipped off by Ciccolo’s father, a police captain, that Ciccolo has had a history of mental illness and had been interested in Islam for about a year. The Western Mass Joint Terrorism Task Force took on the task of surveilling Ciccolo, and found a Facebook profile associated with him, which expressed an interest in martyrdom. It appears that the JTTF then arranged for a confidential informant to meet with Ciccolo and gain his trust. Wiretapped conversations then suggest that Ciccolo “spoke about his plans to travel to another state to conduct terrorist attacks on civilians, members of the U.S. military and law enforcement personnel”, a plan which later developed into a desire to attack an unspecified college cafeteria. Ciccolo bought a pressure cooker on July 3, and then was furnished with the guns by the confidential informant on July 4.

This case is worth probing because, horrifying as Ciccolo’s intentions may have been – we can all be glad that no such attack took place – it raises important questions about how counter-terrorism work is done in America today.

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It Takes A Massive Surveillance Apparatus To Hold Us Back: Fusion Centers, Ferguson and the Deep State


Here’s a question: How much of a national security threat are people protesting the non-indictment of Ferguson police officer Darren Wilson for killing Michael Brown?

If you answered, There’s no national security threat; they’re exercising their First Amendment rights, which should be celebrated, then you’re obviously a pre-9/11-American, which is enough to get you disinvited from the major TV propaganda shows.

Local news media reported on the Black Lives Matter protest in Boston, and noted, without really thinking about it, that “the state police Commonwealth Fusion Center monitored social media, which provided “critical intelligence about protesters’ plans to try to disrupt traffic on state highways.” It didn’t really register because journalists are mostly not watching fusion centers like we are, and aren’t seeing them come up again and again and again and again, lurking at the edges of stories about free speech and national security, and policing the boundaries of what is acceptable to say.

Think, then, of fusion centers as state-based NSAs overseen loosely by the Department of Homeland Security. Set up after 9/11 to provide “joined-up intelligence” and thwart terrorist attacks, they quickly found that there just wasn’t enough terrorism of the kind not ginned up by government informants themselves to sustain 88 separate local antiterrorism centers in addition to the NSA, FBI and CIA. So they expanded their definition of terrorism to cover many other things, which in Massachusetts have included harassing peaceful activists and elected officials while missing actual terrorist plots, and now, for lack of anything better to do with their tax dollars, vetting licenseholders for marijuana dispensaries and fostering anonymous threat reporting in public schools.

We have advocated against fusion centers for a long time. Last week, we received the results of a FOIA request to Massachusetts’ Commonwealth Fusion Center that throws more light on the kind of information they hold, and the kind of society that is being constructed without our consent.

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Midterms & Mass Surveillance, Part II: CIA and Elite Torturers Win, The Rule of Law Loses


We lack in this country a major party that offers wholehearted and universal support for the protections embodied in the Bill of Rights, and the choices offered are often highly constrained. To take the last two presidential elections as an example, the more pro-civil-liberties of the major-party candidates has launched more Espionage Act prosecutions than all previous presidents combined; indefinitely detains legally innocent people, for fear of what they might do if released; allows agencies to gin up fake terror plots; calls the idea of actually prosecuting torturers “sanctimonious“; and would prefer a cosmetic surveillance reform that legitimates most of what the deep state is doing and that, of course, wouldn’t punish anyone. The less pro-civil-liberties candidates argued for unending war in the Middle East, invited warmongers and torturers to introduce them at campaign stops, and argued that affording due process to prisoners of war would be a kind of treason.

There’s a reason for this constrained choice set: The elites of both parties no longer, if they ever did, believe that laws apply to them, their colleagues, their funders, or the intelligence agencies. As a result of this culture of lawlessness, no candidate that genuinely seeks to have laws apply universally will garner the insider support needed to advance their candidacies.

We will see the effects of this constrained choice set in the new Congress most clearly in the field of prosecutions for US government acts of torture.

Let’s review the history.

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The Executive’s Humpty-Dumpty Terrorism Watchlisting Policy: Lessons from People v. Morales


The Intercept’s publication of the criteria for the terrorism watchlists throws some light at least on what the government tells itself a terrorist is. This is a matter of keen interest to many of us, since a close reading of the following text tells you a lot about the values and priorities of our new-minted surveillance state overlords.


Not to go all mise en abyme about it, but this definition is, well, abysmal. Let’s take it a step at a time.

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86-Year-Old Man Took Photo of “Rainbow Swash” in Dorchester; Agents Track Him Down to Sacramento, Quiz His Neighbors, Put Him On A Watch List

This is James Prigoff. He is 86 years old.

Credit: Huffington Post

Credit: Huffington Post

Mr. Prigoff was president of a division of all-American jeans maker Levi Strauss and a VP at tasty bread maker Sara Lee. In his retirement, he apparently likes taking photos of public art, which of course, because WE HAVE FREEDOM HERE DAMMIT, he can pursue happily unmolested by law enforcement.

The Joint Terrorism Task Force takes, let’s say, a different perspective on Mr. Prigoff’s innocent retirement hobby. To JTTF, this skulking-around-taking-photographs-of-things behavior is SUSPICIOUS ACTIVITY. Consequently, after he had taken photos of the Rainbow Swash in Dorchester and had gotten home to Sacramento…

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FBI: Look Mom, We “Found” Another Terrorist!


The news this morning is full of the arrest of yet another American on charges of “attempting to provide material support to a foreign terrorist organization.” Nobody’s suggesting that 20-year-old National Guardsman Nicholas Teausant of Acampo, CA is a terrorist, or that he provided any help whatsoever to terrorists, or that he was in contact, ever, with any actual terrorists. But, the media breathlessly report, he’s still facing charges that can put him in jail through to the 2030s.


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Bring Us Back Food, Or Be Food Yourself: The FBI and Ayyub Abdul-Alim


The Deep State requires terrorists as its food. Only by claiming, falsely, to thwart terrorist attacks before they happen, can the three-letter agencies justify their vast increases in budget, manpower and technology over the last ten years. The problem is that there’s just not enough terrorism to go around. On the amount of actual terrorism we have – which, excluding school shootings, has killed about thirty Americans in the last twelve years – you simply can’t justify NSA mass surveillance, 78 state-funded fusion centers, the massive and unnecessary DHS, or the ruinously expensive foreign adventures that have resulted in over 100,000 deaths and trillions of wasted dollars. If you can’t find enough terrorists, the obvious recourse – obvious, that is, if you have no decency and no actual love for justice – is to make your own terrorists. In Oregon and California and Ohio and New York and Massachusetts, the FBI has offered Muslims the same, terrible deal: Be our spy with your fellow Muslims, or we will ruin your life.

I have not come to this analysis lightly. It is a terrible observation to make about people who are supposed to protect us. But the bureaucratic imperative at work here is too powerful. Bring back a terrorist, and your career is made. Fail to find any, and people will start asking questions about why you need all those tax dollars to do your work.

Which brings us to the sad story of Amherst-born Springfield resident Ayyub Abdul-Alim – building manager, owner of the “Nature’s Garden” store, and the creator of “Connections Transportation”, which provided families with free commuter services to and from local prisons to visit their loved ones.

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Thou Shalt Not Connect The Dots: FBI Flat-Out Refusing All FOIA Requests From MIT PhD Candidate, Because He Might Learn Too Much


Item #2 on the NSA’s Official Talking Points to Justify Mass Surveillance (see p. 3) is “The NSA And Its Partners Must Make Sure We Connect The Dots So That The Nation Is Never Attacked Again Like On 9/11.” The government is fighting furiously against any attempt to restrict, say, its collection of metadata on all US telephone calls, because they argue that only collecting everything enables them to detect patterns and conduct analyses that would otherwise be impossible.

But what happens if instead of the government, the public starts using the same tools on the government? What happens when the burning eye of the surveillance state is turned back on itself?

Mother Jones reports that that’s what MIT PhD candidate Ryan Shapiro is doing. He has long been active in the field of animal rights, and became interested in the FBI’s characterization of “the eco-terrorism animal rights movement” as “the number one domestic terrorism threat” that we face. He has figured out a way of getting responses to FOIA that is so effective that the FBI is going to court to stop him.

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