The “Oversight” over NCTC’s Not-Terrorist-Terrorist Database

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Back when John Negroponte appointed him to be the Director of National Intelligence’s Civil Liberties Protection Officer, Alexander Joel admitted he had no problem with Cheney’s illegal domestic wiretap program.

When the NSA wiretapping program began, Mr. Joel wasn’t working for the intelligence office, but he says he has reviewed it and finds no problems. The classified nature of the agency’s surveillance work makes it difficult to discuss, but he suggests that fears about what the government might be doing are overblown.

“Although you might have concerns about what might potentially be going on, those potentials are not actually being realized and if you could see what was going on, you would be reassured just like everyone else,” he says.

That should trouble you, because he’s the cornerstone of oversight over the National Counterterrorism Center’s expanded ability to obtain and do pattern analysis on US person data.

The Guidelines describe such oversight to include the following:

  • Periodic spot checks overseen by CLPO to make sure database use complies with Terms and Conditions
  • Periodic reviews to determine whether ongoing use of US person data “remains appropriate”
  • Reporting (the Guidelines don’t say by whom) of any “significant failure” to comply with guidelines; such reports go to the Director of NCTC, the ODNI General Counsel, the CLPO, DOJ (it doesn’t say whom at DOJ), and the IC Inspector General; note, the Guidelines don’t require reporting to the Intelligence Oversight Board, which should get notice of significant failures
  • Annual reports from the Director of NCTC on an (admittedly worthwhile) range of metrics on performance to the Guidelines; this report goes to the CLPO, ODNI General Counsel, the IC IG, and–if she requests it–the Assistant Attorney General for National Security

There are a few reasons to be skeptical of this. First, rather than replicate the audits recently mandated under the PATRIOT Act–in which the DOJ Inspector General develops the metrics, these Guidelines have NCTC develop the metrics themselves. And they’re designed to go to the CLPO, who officially reports to the NCTC head, rather than an IG with some independence.

That is, to a large extent, this oversight consists of NCTC reporting to itself.

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Does NCTC Have the Minimal Data Security to Guard Its New Not-Terrorist-Terrorist Database?

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As I noted here and here, yesterday the Director of National Intelligence and DOJ rolled out new Guidelines allowing the National Counterterrrorism Center to acquire non-terrorist datasets from federal agencies–including US person data–so they can do pattern analysis on those datasets and pass off the resulting data to other agencies.

When intelligence officials wanted to explain to Charlie Savage how this would work, they pointed to a State Department dataset–visa applications–as one dataset NCTC might now access directly.

A person from Yemen applies for a visa and lists an American as a point of contact. There is no sign that either person is a terrorist. Two years later, another person from Yemen applies for a visa and lists the same American, and this second person is a suspected terrorist.

Under the existing system, they said, to discover that the first visa applicant now had a known tie to a suspected terrorist, an analyst would have to ask the State Department to check its database to see if the American’s name had come up on anyone else’s visa application — a step that could be overlooked or cause a delay. Under the new rules, a computer could instantly alert analysts of the connection.

The State Department is, of course, still reportedly recovering from the fact that because of DOD’s lax network security, 250,000 diplomatic cables got liberated for the world to see.

Not surprisingly, then, the new Guidelines appear determined to reassure original dataset owners that their data won’t be compromised by sharing it with NCTC (which can then share it with other elements of the Intelligence Community and even foreign allies). You can tell they’re serious about this, because it’s one of the places they occasionally use “shall” (in other sensitive areas, they use the squishier “will”).

For access to or acquisition of specific datasets, the DNI, or the DNI’s designee, shall collaborate with the data provider to identify any legal constraints, operational considerations, privacy or civil rights or civil liberties concerns and protections, or other issues, and to develop appropriate Terms and Conditions that will govern NCTC’s access to or acquisition of datasets under these guidelines.

[snip]

In addition to the [general requirements laid out for sharing this data], at the time when NCTC acquires a new dataset or a new portion of a dataset, the Director of NCTC shall determine, in writing, whether enhanced safeguards, procedures, and oversight mechanisms are needed.

Though this bold approach almost immediately breaks down, as the Guidelines not only revert to “will,” but–worse–dig out the passive voice when describing the data transfer.

Measures will be put into place to ensure that the dataset is received and stored in a manner to prevent unauthorized access and use prior to the completion of replication.

And when the Guidelines get into specifics, they use that passive “will” again.

Access to these datasets will be monitored, recorded, and audited. This includes tracking of logons and logoffs, file and object manipulation, and changes, and queries executed, in according with audit and monitoring standards applicable to the Intelligence Community.

Who will (“shall”) implement these data security measures? What if he or she fails to do so adequately?

It’s a really, really important question because–as this year’s intelligence authorizations make clear, the Intelligence Community does not yet have insider threat detection–the kind of security that would permit these audits–and they’re not going to get it until 18 months from now. Hell, they’re not even going to start getting it until 6 months from now!

(a) Initial Operating Capability.–Not later than October 1, 2012, the Director of National Intelligence shall establish an initial operating capability for an effective automated insider threat detection program for the information resources in each element of the intelligence community in order to detect unauthorized access to, or use or transmission of, classified intelligence.

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Whitewater Rafting? New Orleans Film Festivals? What Boondoggles Will NYPD’s Cops Go on Next?

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Remember that NYPD officer who scammed a whitewater rafting trip by claiming he needed to count how many times a day some college students prayed while on vacation? He wasn’t the only one scamming such vacations. As the AP reports in its latest installment on the CIA-on-the-Hudson, in precisely the same period, another NYPD officer was scamming a trip to New Orleans to document the collaboration of anti-globalization, racial profiling, labor, and immigration activists.

If possible, the tie between the NOLA meeting and NYC was even more remote than that between whitewater rafting Muslim students and the city. The mentions of NYC in the report include the addresses of local chapters of groups represented at the meeting. And it uses a game of connections–ultimately tied to demonstrations against the Sean Bell killing by NYPD cops or to May Day celebrations (both, of course, completely protected speech)–to tie those groups back to NYC.

Activists from the Jena Coalition and Critical Resistance were in attendance and presented several documentaries based on the alleged racial profiling and the alleged injustices that people of color faced across the country by their respective police departments. The New York Chapter of the Critical Resistance is located at 976 Longwood Ave Bronx, NY.

Critical Resistance was formerly located on Atlantic Ave near Clinton Ave (confines of the 77 Pct) and at the time was being lead by Ashanti Alston (former Black Panther and Animal Rights Activist). The group hosted events prior to the 2004 Republican National Convention and was raided by the NYPD for selling alcohol to minors.

Members from the Malcolm X Grassroots Movement NYC Chapter along with Critical Resistance and members of the Sean Bell family will attend the outcome
of the Sean Bell case as well as a demonstration scheduled for Friday April 25, 2008. The demonstration will be held at the Queens DA’s office located at 125-01 Queens Boulevard to await the judge’s verdict.

And, as it turns out, the cop reporting his boondoggle trip to NOLA actually misrepresented what he was spying on.

In April 2008, an undercover NYPD officer traveled to New Orleans to attend the People’s Summit, a gathering of liberal groups organized around their shared opposition to U.S. economic policy and the effect of trade agreements between the U.S., Canada and Mexico.

When the undercover effort was summarized for supervisors, it identified groups opposed to U.S. immigration policy, labor laws and racial profiling. Two activists – Jordan Flaherty, a journalist, and Marisa Franco, a labor organizer for housekeepers and nannies – were mentioned by name in one of the police intelligence reports obtained by the AP.

[snip]

[Flaherty] said the event described by police actually was a film festival in New Orleans that same week, suggesting that the undercover officer’s duties were more widespread than described in the report.

Flaherty said he recalls introducing a film about Palestinians but spoke only briefly and does not understand why that landed him a reference in police files.

And that’s it. That’s all it took the NYPD to be conned into paying a cop’s trip to NOLA for a film festival attended by a bunch of people supporting perfectly legal political issues.

After paying for whitewater rafting and film festival trips, I wonder what kind of swank vacations the NYPD has paid for since?

The National Counterterrorism Center Just Declared All of Us Domestic Terrorists

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I’m going to have a series of posts on the new National Counterterrorism Center data sharing guidelines. As a reminder, the whole point of these guidelines is to allow the NCTC to obtain information on US persons, dump it into their datamining, and then ultimately pass it on. In this, I’ll show how, by magic of cynical bureaucracy, the government is about to turn non-terrorist data into terrorist data.

Here’s how that trick is accomplished rhetorically. In the Background section (and in one or two other places), the document includes this language to legally justify throwing US person data into big databases to be data mined. It starts by laying out NCTC’s data mandate:

[NCTC] shall “serve as the primary organization in the United States for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism.

It blathers on about how NCTC also has the responsibility to request information and pass it on. This is the legal language they’re going to translate to mean the opposite of what it says.

Jumping ahead a bit, the guidelines acknowledges that NCTC is only supposed to have access, if needed, to domestic terrorism information.

In the National Security Act of 1947, as amended, Congress recognized that NCTC must have access to a broader range of information than it has primary authority to analyze and integrate if it is to achieve its missions. The Act thus provides that NCTC “may, … receive intelligence pertaining exclusively to domestic terrorism from any Federal, State, or local government or other source necessary to fulfill its responsibility and retain and disseminate intelligence.” [my emphasis]

See that? It can have all the foreign terrorism information, and then if it needs to, it can have the domestic terrorism information.

Now, going back a few lines, it takes this authority–“pertaining exclusively to domestic terrorism”–and uses it to get … everything.

NCTC’s analytic and integration efforts … at times require it to access and review datasets that are identified as including non-terrorism information in order to identify and obtain “terrorism information,” as defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004, as amended. “Non-terrorism information” for purposes of these Guidelines includes information pertaining exclusively to domestic terrorism, as well as information maintained by other executive departments and agencies that has not been identified as “terrorism information” as defined by IRTPA. [my emphasis]

Note that bolded section is not a citation from existing law. It is, instead, NCTC turning NCTC’s authority to sometimes get domestic terrorism information into authority to get any dataset maintained by any executive agency that NCTC believes might include some information that might be terrorism information.

Those of us in the US Government’s tax, social security, HHS, immigration, military, and other federal databases? We’ve all, by bureaucratic magic, been turned into domestic terrorists.

Now, NCTC seems to understand what a grasp this is, so it deploys one more rhetorical effort, this time noting that the Director of National Intelligence–to whom NCTC reports–also gets access to all national security intelligence.

[The National Security Act] provides that “[u]nless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to hte national security which is collected by any federal department, agency, or other entity…”

So in addition to all of us in government databases–that is, all of us–being deemed domestic terrorists, the data the government keeps to track our travel, our taxes, our benefits, our identity? It just got transformed from bureaucratic data into national security intelligence.

We are all, now, first and foremost potential terrorists now. Only after NCTC destroys our data in five years (if they don’t find some excuse to keep it before then) will we become citizens again.

Start a 8 Year Regional War and Set Iran’s Nukes Back 3 Years

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The headline and lead of the story everyone’s buzzing about reads,

Pentagon Finds Perils for U.S. if Israel Were to Strike Iran

A classified war simulation exercise held this month to assess the American military’s capabilities to respond to an Israeli attack on Iran forecast that the strike would lead to a wider regional war, which could draw in the United States and leave hundreds of Americans dead, according to American officials.

That claim that just “hundreds” of Americans would die in a war started next door to where we’ve got 90,000 Americans deployed makes me want to see the full results and the resumés of those who did the war game.

But the headline misses one critical result of the war game.

The initial Israeli attack was assessed to have set back the Iranian nuclear program by roughly a year, and the subsequent American strikes did not slow the Iranian nuclear program by more than an additional two years. However, other Pentagon planners have said that America’s arsenal of long-range bombers, refueling aircraft and precision missiles could do far more damage to the Iranian nuclear program — if President Obama were to decide on a full-scale retaliation.

This regional war Israel might start? A war, presumably, akin to the Iraq war, which started 9 years ago today and only “ended” in December?

All it would do is set Iran’s nuclear program back 3 years.

No word on what this 8 year war to set Iran back 3 years would cost. But don’t worry. I’m sure it’d be as great a value as the war itself.

David Ignatius and Bin Laden’s Biden Judgment

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Presumably to buck up their campaign theme–“Osama bin Laden is dead and General Motors is alive“–the Administration pre-leaked some documents to David Ignatius taken from OBL’s compound revealing that OBL hoped to attack President Obama. Ignatius described the aspirational plot as a “bold” command

Before his death, Osama bin Laden boldly commanded his network to organize special cells in Afghanistan and Pakistan to attack the aircraft of President Obama and Gen. David H. Petraeus.

“The reason for concentrating on them,” the al-Qaeda leader explained to his top lieutenant, “is that Obama is the head of infidelity and killing him automatically will make [Vice President] Biden take over the presidency. . . . Biden is totally unprepared for that post, which will lead the U.S. into a crisis. As for Petraeus, he is the man of the hour . . . and killing him would alter the war’s path” in Afghanistan. [my emphasis]

And even while Ignatius admits OBL was never going to be able to shoot Petraeus and Obama out of the air, he offers it as proof that the terrorist still wanted to launch spectacular attacks.

The plot to target Obama was probably bluster, since al-Qaeda apparently lacked the weapons to shoot down U.S. aircraft. But it’s a chilling reminder that even when he was embattled and in hiding, bin Laden still dreamed of pulling off another spectacular terror attack against the United States. [my emphasis]

Politico–that arbiter of beltway conventional wisdom–has described Ignatius’ acceptance of a motivated leak to be a scoop of such proportions to solidify his position as the “preeminent writer on national security affairs.” Politico even offers a quote from its own anonymous Administration source explaining what they got by leaking stuff to Ignatius.

“David is not only influential, he’s a serious journalist who is taken seriously,” an Obama administration official told POLITICO. “His byline gives [the bin Laden] story instantaneous cachet, credibility and, yes, visibility.”

Which Politico accompanies with fawning quotes from Jeff Goldberg, Evan Thomas, Steve Clemons and Sally Quinn (Sally Quinn!?!?!) affirming Ignatius’ magnificence as national security status.

There’s just one problem with all that.

Ignatius, this purportedly brilliant commenter, doesn’t even notice, much less mention, how stupid OBL was.

OBL was going to kill Obama not for the sake of killing the US President, but because Biden, who served in the Senate for 36 years, almost 12 of which he served as one or another powerful committee Chair, “is totally unprepared for that post, which will lead the U.S. into a crisis.”

Really?

Joe Biden may be many things: but he is as prepared to be President as just about any person in this country. And in a number of key debates during this Administration–notably, what to do with Afghanistan–Biden proved to be right two years before the rest of the Administration copped on.

OBL’s plans to attack Obama, then, show not just how unhinged from reality about al Qaeda OBL was by this point, but also how completely ignorant he was about America.

You’d think that DC’s crack national security correspondent would note just how laughable OBL’s plots were late in life.

But I guess if he did, the Administration wouldn’t come to him anymore for his purported “instantaneous cachet, credibility and, yes, visibility.”

The Wiretap Jury on the Iran War

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At a moment when the Obama Administration is still aggresively pursuing James Risen’s testimony on sources for an Iran story he wrote 7 years ago, on Saturday he published a new story summarizing the uncertainty surround intelligence on Iran right now.

In the story, Risen reveals that both the 2007 and the 2010 NIEs on Iran’s nuke program got held up and rethought because of intercepts collected during the writing process.

The draft version [of the 2007 NIE] had concluded that the Iranians were still trying to build a bomb, the same finding of a 2005 assessment. But as they scrutinized the new intelligence from several sources, including intercepted communications in which Iranian officials were heard complaining to one another about stopping the program, the American intelligence officials decided they had to change course, officials said. While enrichment activities continued, the evidence that Iran had halted its weapons program in 2003 at the direction of the supreme leader, Ayatollah Ali Khamenei, was too strong to ignore, they said.

[snip]

Intercepted communications of Iranian officials discussing their nuclear program raised concerns that the country’s leaders had decided to revive efforts to develop a weapon, intelligence officials said.

That, along with a stream of other information, set off an intensive review and delayed publication of the 2010 National Intelligence Estimate, a classified report reflecting the consensus of analysts from 16 agencies. But in the end, they deemed the intercepts and other evidence unpersuasive, and they stuck to their longstanding conclusion.

Risen goes on to lay out all the other intelligence we’ve got on Iran, as well as the significant failures that have set intelligence efforts back: we’ve got radar and satellite imagery of suspected nuke sites, clandestine electromagnetic and radiation sensors, and information from IAEA inspectors. We don’t have much HUMINT, in part because of an email error in 2004 that exposed our assets, in part because of aborted defection of Shahram Amiri in 2009, and in part because we don’t have an embassy to house people working under official cover. We’re trying hard, Risen said, to avoid relying on information from MEK via the Israelis, having learned our lesson from Ahmed Chalabi in the Iraq war.

But our key tool, it seems, is the wiretapping. In particular, the eavesdropping on just 12 or so top officials who know the program.

American intelligence officials said that the conversations of only a dozen or so top Iranian officials and scientists would be worth monitoring in order to determine whether the weapons program had been restarted, because decision-making on nuclear matters is so highly compartmentalized in Iran.

I wonder how the assassination of at least 4 Iranian nuclear scientists has circumscribed the intelligence we can gather from wiretaps?

In any case, that seems to be what the decision to go to war or not comes down to: these 12 Iranians speaking into our wiretaps.

Spooky AssadLeaks: The Provenance of the Emails

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As I wrote in this post, I got interested in the provenance of a set of leaked Bashar al-Assad emails largely because of the way in which two of them were used to suggest, dubiously, Nir Rosen was an Assad agent.

The Guardian and Al Arabiya have both offered posts describing, in part, how they came by the emails, with the Guardian’s offering more details. The short version is:

March 15, 2011: Uprising escalates in Daraa.

Late March: “a young government worker in Damascus” handed off a slip of paper to a friend. The paper had four codes (plus or including the two email addresses, the Guardian is not clear) that would provide access to personal email accounts of Bashar al-Assad and his wife Asma. The friend was apparently supposed to pass them onto “a small group of exiled Syrians who would know what to do with them.”

June: “Two Syrian professionals in a Gulf state” obtain the emails. The Guardian doesn’t explain whether they were the original intended recipients, nor does it explain the delay. Though it does include a blurb describing their sudden awakening to politics that makes it clear the Guardian has spoken to at least one of the activists and replicated their self-narrative uncritically.

The uprising in the southern Syrian city of Deraa on 15 March had empowered them, as it had hundreds of thousands of others in the totalitarian state. They were now determined to do what they could to bring an end to more than four decades of rule by the Assad clan.

“It was clear who we were dealing with,” said one of the activists. “This was the president and his wife. There was no doubt.”

August 6: Sabu solicits Syrian MOD hacker to “disrupt govt communication systems.”

June to December: The emails are used with increasing frequency over time; Assad appears to build a PR strategy using them.

January: Anonymous (which had been infiltrated by the FBI since at least June, the same month the Syrian activists purportedly got the email codes) hacks Bashar al-Assad’s servers, accessing 78 different email accounts.

February 7: Anonymous releases the Assad emails which were published by Ha-aretz, claims the password was 12345. These are, at least in part, the very same emails being released today. Assad’s brother-in-law Firas al-Akhras emails him to tell him the inbox of the Ministry of Presidential Affairs had been leaked. All the emails are shut down.

March 15, 2012: The emails published.

In their narratives, neither the Guardian nor al Arabiya note that the FBI had been running Sabu since last June, precisely the same month the “activists” reportedly got the “secret codes” (12345?) that would allow them to access the Assad emails.

Now there are plenty of questions I have about this: Who was the mole, how did he or she get this information, who was the friend, what caused the 3-month delay. All of those questions, of course, are particularly interesting giving the coincidence of timing with the Sabu recruitment.

And why release these emails now? Just because of the one-year anniversary of Daraa, and the other events planned for the day?

Suffice it to say it feels a lot like outside entities–aside from whatever professionals-turned-activists purportedly monitored these accounts–were involved.

With that feeling in mind, two more details worth noting. First, al Arabiya’s story on how they got the emails focuses instead on what they didn’t publish: a bunch of “scandalous emails.”

Hundreds of “scandalous” emails were accordingly deleted by Al Arabiya.

By comparison, the Guardian said only it didn’t publish personal emails. Both sources, however, want people–perhaps including Assad?–to know that there were more emails that may be out there.

The other thing I find interesting is the detail the Guardian pays to Assad’s email habits.

[The Syrian activists in the Gulf state] soon noticed differences in the way the couple used their email accounts. “We had to be quick with Bashar’s emails,” one of the activists said. “He would delete most as soon as they arrived in his inbox, whereas his wife wouldn’t. So as soon as they went from unread to read we had to get them fast.”

Deleting emails as soon as they arrive shows a degree of awareness of web security. So too did the fact that Assad never attached his name or initials to any of the emails he sent. However, many of the emails that arrived in his inbox are addressed to him as president and contain intimate details of events and discussions that were not known outside of the inner sanctum and would have been very difficult to manipulate.

Even before I remembered that the same guy the Guardian claims was showing some web security used “12345” as his password, this entire passage sounded bogus, more like a way to provide cover for some other means to collect these emails that don’t involve more sophisticated wiretapping of packets, as opposed to email in-boxes.

But once you remember this is a guy who reportedly used “12345” as his password, then the entire claim Assad was practicing good security becomes laughable. Which makes this entire passage suspect.

There are two stories of how Bashar al-Assad got his emails hacked in the last year. In one version, Syrian activists managed to spy on their dictator in real time and are presumably releasing emails that lack a smoking gun (but did include “scandalous” emails) as a sort of anniversary present for Assad. The other story involves the FBI flipping at least one hacker and having him continue to hack at their command.

Or maybe there’s just one, far more intriguing story.

Albright Rushes to CNN With New Satellite Imagery Claims on Parchin After Debunking

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Yesterday, in a post titled Rumored Satellite Imagery of Parchin “Clean-Up” Fails to Materialize, Claim Debunked, I pointed out both Gareth Porter’s debunking of the “Parchin is being cleaned up” claim and added further evidence against the claims that Parchin was being cleaned of evidence from work to develop a neutron trigger device.

It appears that David Albright of the Institute for Science and International Security was unable to remain silent in the face of my statement that satellite imagery to back up the claims that Parchin is being cleaned has not been produced for inspection. My post went up before 10 am yesterday, and at 6:05 pm, CNN’s Security Clearance blog put up a post with “new” claims from Albright about satellite imagery from Parchin. Albright’s news is that he claims to have identified the building where work on a high-explosives-based trigger for a nuclear weapon is alleged to be taking place.

Albright is now trying to move the story back to trigger device research being high-explosives based, while the AP’s George Jahn’s claims that Porter was debunking relate to a possible neutron trigger. As I pointed out in yesterday’s post, the concept of “cleaning” away evidence from work with a radioactive trigger device is nonsense, as traces of the radioactivity would still be left behind. The Iranians were also quick to point this out, as cited in the post.

CNN’s “scoop” from Albright:

In an exclusive interview with Security Clearance, David Albright, president of the Institute for Science and International Security, said commercial satellite imagery shows a building on the sprawling Parchin military complex just south of Tehran that may be the location of a high-explosive test chamber.

 Albright, who is a former U.N. weapons inspector, and his colleague Paul Brannan said in an analysis provided to Security Clearance that the building is notable because it “is located on a relatively small and isolated compound within the Parchin military site and has its own perimeter security wall or fencing.  A berm can be seen between this building and a neighboring building.”

The CNN blog post then goes on to note that although Albright and ISIS have been scouring all the satellite images they can find, they can’t confirm the claims of cleaning activity at Parchin.

Over at Moon of Alabama, b has noted that the IAEA visited Parchin twice in 2005, but CNN cuts that down to one visit: “The IAEA has had only one, limited tour of Parchin. That was in 2005.”

Also, more importantly, CNN is back to ignoring the fact that the high explosives work at Parchin is truly dual use technology. It was also pointed out by b that creation of nanodiamonds is actually the specialty of the expert the Iranians have employed in their high explosives work. CNN allows an unnamed US official to ignore the nanodiamond application and lie outright that the high explosives work can only be weapons-related:

The senior U.S. official also said the evidence is clear from this site that Iran had pursued a weapons program. “There is no other reason to conduct explosion compression in the context of Iran other than nuclear testing. There is only one thing they could be trying to simulate and that is a nuclear explosion,” the official said.

It’s so nice that CNN will allow a “senior U.S. official who would not speak for attribution because of the sensitivity of the information” to promote lies that have already been disproven.

The NYPD’s Surveillance of Muslims and Occupy Wall Street Converges

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I started my morning reading with this AP Q&A on the significance of their series on the NYPD’s spying on Muslims. There are several things missing: why does the NYPD profile only businesses they believe to be owned by Muslims, and not the American chains at which recent immigrants also congregate? Why doesn’t the Q&A discuss how the NYPD-on-the-Hudson got close to, but missed the two most significant plots of recent years; what does that say about the efficacy of all this spying? And why doesn’t the Q&A discuss the many informants the NYPD has deployed?

That said, the AP does get to the core reason why the NYPD’s program abuses the First Amendment:

Bloomberg and his aides have not addressed, however, why police kept intelligence files on innocuous mosque sermons and plans for peaceful protests. They’ve not explained why police noted which restaurants served “devout” Muslims, why police maintained lists of Muslims who changed their names or why innocent people attending Friday prayer services were photographed and videotaped.

Those activities, many Muslims said, make them feel like they’re under scrutiny just because of their religion.

After reading that Q&A, I then read this NYT article, talking about how the NYPD’s intelligence division–the CIA-on-the-Hudson again–has preemptively arrested some Occupy Wall Street protestors before they engaged in protest.

On Nov. 17, Kira Moyer-Sims was near the Manhattan Bridge, buying coffee while three friends waited nearby in a car. More than a dozen blocks away, protesters gathered for an Occupy Wall Street “day of action,” which organizers had described as an attempt to block the streets around the New York Stock Exchange.

Then, Ms. Moyer-Sims said, about 30 police officers surrounded her and the people in the car.

All four were arrested, said Vik Pawar, a lawyer for Ms. Moyer-Sims and two of the others, and taken to a police facility in the East Village. He said officers strip-searched them and ignored their requests for a lawyer.

These are the same tactics–or worse–as used when the NYPD targeted Muslims planning a peaceful protest of cartoons deemed blasphemous. But most troubling is the last anecdote the NYT reports (which the NYT might have known to contextualize if they had been reporting on the NYPD spying on Muslims). In one case, they NYPD and the FBI are targeting an Occupy activist who, as someone who appears to have changed his name from his birth name, would have been targeted closely under the NYPD program. And they appear to be insinuating a tie with Islamic terrorism.

Mark Adams, a 32-year-old engineer from Virginia, said he was arrested in November at an Occupy Wall Street protest in Midtown and was questioned by a police detective and an agent from the Federal Bureau of Investigation, who asked about his involvement with Occupy Wall Street, requested his e-mail address and inquired whether he had ever been to Yemen or met anyone connected to Al Qaeda.

Mr. Adams, a naturalized United States citizen who was born in Pakistan, said he was arrested during another protest in January and questioned by intelligence division detectives. In that instance, he said, the detectives asked him about specific names and addresses, asked about his work history, education and family, and questioned him about a trip he had made to Ireland.

Mr. Adams said he was disturbed that anyone would consider him a threat because of his ethnicity or political views. “It’s scary,” he said. [my emphasis]

As the AP reported last October, the NYPD conducts extensive checks and keeps records on those within the city who change their names from Arabic or Muslim-sounding names to something Americanized.

The NYPD monitors everyone in the city who changes his or her name, according to internal police documents and interviews. For those whose names sound Arabic or might be from Muslim countries, police run comprehensive background checks that include reviewing travel records, criminal histories, business licenses and immigration documents. Read more →