Tag Archives: Countering Violent Extremism

Go Smart, Not Broad: A Constitutional Response To Violent Attacks

juillien-eiffel-peace

A former Middle East advisor to President Obama, Steven Simon, suggested in Saturday’s New York Times that the administration’s response to the Paris attacks was likely to include “Tighter border controls, more intensive surveillance in the U.S. and more outreach to local communities in the hope that extremists will be fingered by their friends and family. And a tightening of already intimate cooperation with European intelligence agencies.”

These proposals, if adopted, would be immensely counterproductive, and here’s why.

First, tighter border controls are irrelevant to this attack. It appears that all of the attackers so far identified, were EU citizens; none were refugees from Syria.

Second, France already had a draconian mass surveillance law, which came into effect at the beginning of October. It didn’t work to thwart these attacks. The reason is the “false positives” problem. Any system employing demographics, metadata, or past behavior, inevitably sweeps up a vast majority of innocent people, and diverts police and intelligence resources towards ruling them out. This LA Times study of “pre-crime” efforts to prevent violent crimes by US Army soldiers added every variable they could, and still, for every 15 people who did in fact commit violence in a given year in their set of suspects, 985 did not. Similarly, before the Boston Marathon attacks, the FBI had flagged Tamarlen Tsarnaev for interview; but they interview hundreds of flagged people every week, and have no way of knowing which among them will actually commit an attack. So, it appears that six weeks before the attacks, France’s intelligence agencies snowed themselves under with an ocean of false positives, and weren’t able to detect among that traffic the communications that were suspicious. They can’t be faulted for not being able to do so; it’s mathematically impossible. All mass surveillance allows is what’s happening now, which is to be able to go back into the system and see what you missed.

Third, Muslim and black communities were already under very heavy pressure in France, and are already under very heavy pressure here from the FBI, through its “Countering Violent Extremism” program, to “finger friends and family”. CVE uses models of radicalization with no solid academic basis to identify people as potentially radical simply because they have changed their dietary habits or become more devout about their religion. To make their numbers, the FBI has even resorted, in case after case, to creating their own terrorists out of young, poor, and mentally unstable young men, using confidential informants to lead them through every stage of devising a plot till they do something the FBI can arrest them for. We don’t need more of that either.

Fourth, when it comes to “more intimate cooperation” with European intelligence agencies, the fact is that such cooperation is already “intimate” – so intimate that the British systematically tap Internet traffic and hand us the contents; so intimate that we share “raw take” intelligence with Israeli security services; so intimate that the German intelligence agency helped the NSA spy on Europe’s top politicians in exchange for access to the latest in surveillance wizardry. Short of actually being in bed with one another, there’s no more “intimacy” to be had – and it still isn’t working.

This kind of mass surveillance is not working to thwart attacks. But in four important ways, it does work. Mass surveillance intimidates citizens in their ordinary conversations and activities of life. It allows bigoted politicians to curry favor with their base, and coast on a wave of anti-Muslim suspicion. It brings great profits to the private security firms smart enough to fill their cup at the never-failing spigot of federal counterterrorism funding. And it makes the general public feel that Something Is Being Done, convincing them to trade more of their rights away for a little temporary safety.

Last, if we react in this particular way, it also serves the ends of the violent criminals who committed this attack. Lacking resources themselves to wage war, they seek to provoke a backlash that will garner them support among the peaceful Muslim majority. Back in the day, the IRA posed as the defenders of the rights of peaceful Northern Irish Catholics against foreign oppression; today, the Islamic State poses as the defenders of the rights of peaceful Muslims against foreign oppression. A governmental backlash against Muslims in general will merely bolster their propaganda: See? We told you they’re out to get you! Come join us!

Instead, we should use the Constitution to solve the false positives problem. The Fourth Amendment bars mass surveillance, requiring, before surveillance is conducted, a warrant based on individualized probable cause of involvement in actual criminal activity. Imagine that, instead of having a “TIDE” terrorist database with 750,000+ names on it, it were limited to a maximum of one thousand, but that the one thousand were each investigated thoroughly on the basis of actual evidence. The surveillance agencies would waste a lot less time chasing fruitless leads, building data centers, or shoveling money to software vendors to try to solve this insoluble problem.

Foreign policy and economic solutions are beyond our remit, but it should be obvious that in order to drain the Islamic State of support, we have to provide those fleeing its rule with a credible chance at a better life. At the bare minimum, we should let them know that if they come to our country, they will be treated justly, not kept constantly under watch even if innocent of any crime.

Levitating the Pentagon Is Now A Terrorist Act

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Back in 1967, the much-missed Abbie Hoffman and several hundred of his friends hatched a plan to exorcise and levitate the Pentagon, so that they could end the war in Vietnam. They meticulously went through all the steps for requesting a permit (including negotiating the proposed levitation down to three feet, from the initially suggested 300 feet). Most amazingly of all, to our tired War-on-Terror eyes, they were allowed to go through with it, albeit with several thousand US troops and a couple hundred US Marshals standing ready in case of chaos.

Authoritarians of both major parties will be happy to hear that today’s law enforcement won’t stand for such peaceful acts of political theater. At a time when the newspapers are dutifully parroting the paramount need for a Democratic President to bomb ISIS so hard that it will make the rubble bounce, our domestic law enforcement agencies and private security companies are getting floods of easy money to deal with the devastating terroristic threats posed by people who drop glitter or take photos of factory farms or who hold hippy parties in the woods.

Pity, in this last context, the Rainbow Family of Living Light, who make the mistake of “stressing non-violence, peace and love.” We Are Change reports that Missoula’s police chief has applied for a grant from DHS (who else?) to purchase a mobile command unit to spy on the Rainbow Family as an “extremist” organization. One of its gatherings was described as “rowdy” and as “creat[ing] a mess that [needed] to be cleaned up”. If that makes you an extremist, then based on the appearance of our toy room I appear to have two domestic extremist seven-year-olds; maybe I should be applying for a quarter-million dollar grant from DHS myself?

My goodness gracious. Well, the last thing we Americans want is any rowdiness. Leave that to the Canadians, or possibly the British. We, unlike them, are sober and obedient people who dutifully obey orders from the powers that be. It’s the only safe thing to do in this post-9/11 world.

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