Please find below an example of my continuing coverage of information-sharing 
and counter-terrorism, from earlier today. I hope you find it interesting. A 
shorter version is slated for publication in tomorrow's edition of the 
Washington Times. You may link to the full-length version on the Web here:

HYPERLINK 
www.upi.com/Emerging_Threats/2008/07/24/Md_police_review_intelligence_procedures_after_spying_revelations/UPI-30651216911821/
 
www.upi.com/Emerging_Threats/2008/07/24/Md_police_review_intelligence_procedures_after_spying_revelations/UPI-30651216911821/

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Shaun Waterman
UPI Homeland and National Security Editor
E-mail: [EMAIL PROTECTED]
Tel: 202 898 8081


Md. police review intelligence procedures after spying revelations
SHAUN WATERMAN
UPI Homeland and National Security Editor

WASHINGTON, July 24 (UPI) -- Maryland State Police Chief Col. Thomas Sheridan 
has ordered staff to look at his force's intelligence-gathering policies and 
current operations, after revelations that undercover troopers infiltrated 
peaceful anti-war and anti-death-penalty protest groups.

Sheridan "is having those documents researched and looked at," said his 
spokesman, Gregory Shipley, referring to the state police's policies, 
procedures and training programs for intelligence-gathering and the use of 
federal anti-drug and anti-terrorism databases.

After learning last week about the 14-month infiltration and surveillance 
program, which took place in 2005 and 2006 under his predecessor, Sheridan 
asked, "What do we have (in the way of policies)? … What's going on now?" 
Shipley told United Press International.

He said Sheridan wanted to "ensure that the policies are in compliance, 
certainly with state and federal law, but also with the policies of the current 
superintendent and the current governor." 

Federal regulations govern the use of U.S.-funded technology, such as the 
anti-drug and anti-terror database into which at least one protester was 
entered as a result of the surveillance.

Shipley said current intelligence operations also were being looked at, to 
ensure no operations were "going on that don't have a nexus to criminal 
activity."

"We have said this (kind of surveillance) isn't happening now, and it's not," 
he said, adding the review was "to make sure there are no misunderstandings."

He said the work was being done by command staff in the state police's Homeland 
Security and Investigations Bureau, under their new chief, Lt. Col Stewart 
Russell, but he did not know how long it would take or in what form the results 
might be reported back to Sheridan.

He added the personnel involved in the original infiltration operation had all 
moved on. "The people who were in command and involved are either no longer 
with the department or no longer in those (intelligence) assignments," he said.

Among the issues being looked at on Sheridan's orders are the procedures the 
state police use in entering information into a federally funded computer 
system known as the High-Intensity Drug-Trafficking Area database.

The name of at least one activist associated with the anti-war and 
anti-death-penalty groups under surveillance was entered into the HIDTA 
database.

The entries for Max Obuszewski listed his "Primary Crime" as "Terrorism -- Anti 
Govern(ment)" and his "Secondary Crime" as "Terrorism -- Anti-War Protesters."

Federal regulations governing such databases state that agencies "shall not 
collect or maintain criminal intelligence information about the political, 
religious or social views, associations, or activities of any individual or any 
group … unless such information directly relates to criminal conduct or 
activity."

But several dozen pages of intelligence reports, including printouts from the 
HIDTA database, obtained under Maryland's Public Information Law by the state 
chapter of the American Civil Liberties Union, documenting 288 hours of 
surveillance, show no evidence of any violent or illegal activity, or any 
planning for it -- although there are references to a proposed sit-in at the 
offices of Baltimore County State's Attorney Sandra O'Connor. Indeed, 
organizers are repeatedly reported as stressing the importance of 
demonstrations being peaceful and orderly.

Thomas Carr, director of HIDTA, told UPI it was the responsibility of the 
agencies making entries in the database to ensure they were in compliance with 
the regulations.

He said when users from any of the 134 local and state police agencies with 
access to the system logged on or submitted an entry, pop-up windows warned 
them that data had to be in compliance with the relevant federal regulation, 28 
CFR Part 23.

"The agencies have to make a determination as to whether the data they are 
submitting" comply with the regulation, he said.

David Rocah, staff attorney for the Maryland ACLU, derided that as 
"buck-passing."

"If they are not policing this, how do we ensure we don't get any more 
problems?" he said. "That is why we need a robust state law."

He said the impact such data entries might have on the people named "are being 
multiplied by these database aggregators, these (federally supported state and 
local intelligence and homeland security) fusion centers."

Although the state's own fusion operation, the Maryland Coordination and 
Analysis Center, by design does not maintain its own databases, documents on 
its Web site show it has access to HIDTA.

"Now, any law enforcement agency in the country that calls the fusion center 
can learn that Mr. Obuszewski is listed as a terrorist," said Rocah.

The national network of intelligence and homeland security fusion centers 
across the country is financially supported by the Department of Homeland 
Security. The centers bring together state and local public safety agencies 
like police forces with federal law enforcement personnel and representatives 
of U.S. intelligence agencies. They typically have access to a wide range of 
federal and state databases, and are part of the Information Sharing 
Environment created after the Sept. 11, 2001, attacks to ensure agencies are 
"connecting the dots" about possible terrorists and other threats.

But the centers have proved a lightning rod for critics concerned that the 
expanding use by local agencies of intelligence-gathering creates the potential 
for abuse -- like the surveillance of peaceful protesters carried out in 
Maryland.

Mike German, a veteran FBI counter-terrorism investigator who now works for the 
ACLU's Washington office, said the federal government was pushing state and 
local agencies to do more and more open-ended intelligence-gathering, 
effectively encouraging them to ignore the criminal nexus required by 28 CFR 
Part 23.

"This kind of behavior (by state troopers in Maryland) is the natural product 
of that pressure," he told UPI.

John Cohen, a spokesman for the program manager of the Information Sharing 
Environment, told UPI they were working "very closely with state and local 
partners to develop multiple layers of review and safeguards" for data put into 
the ISE, a virtual network that allows the fusion centers and other entities to 
share information.

"We know that if the public is not confident this is being done in a way that 
protects their constitutional rights, we will not get their support," he said.

© 2008 United Press International. All Rights Reserved.
This material may not be reproduced, redistributed, or manipulated in any form. 



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