Then, last month, the New York Times disclosed that a dispute in 2003 between the White House and the Justice Department over NSA operations involved a potential fourth program using "computer searches through massive electronic databases" that contained the records of tens of thousands of domestic phone calls and e-mails. McConnell acknowledged multiple programs, albeit without specifics, in a July 31 letter to Arlen Specter, the ranking Republican on the Senate Judiciary Committee. "A number of these intelligence activities were authorized in one order" by Bush shortly after 9/11, McConnell wrote. With regard to the administration's Terrorist Surveillance Program, he added: "This is the only aspect of the NSA activities that can be discussed publicly, because it is the only aspect of those various activities whose existence has been officially acknowledged." Many FISA experts, such as James Dempsey of the Center for Democracy and Technology, have concluded that the NSA was running at least three domestic surveillance programs, including data mining. "I think the TSP was an after-the-fact name given to an activity, or a set of activities, or a whole subset of activities" by the NSA, Dempsey said.
After 9/11, the paradigm for domestic law enforcement shifted radically, by making it the duty of the government to use its intelligence resources to help law enforcement agencies preempt attacks before they happened, beyond the traditional practice of gathering evidence to prove that a crime had already occurred. The idea that the U.S. homeland was now a battleground (or a "theater") first took hold in 2002, when the Pentagon established the U.S. Northern Command in Colorado to provide command and control of military efforts within U.S. borders. Northcom was given two primary responsibilities: providing military security during national emergencies, including terrorist attacks and natural disasters; and protecting important U.S. military bases in the 50 states.
As part of the Pentagon's domestic security mission, former Secretary of Defense Donald Rumsfeld created the Counter-Intelligence Field Activity (CIFA) in 2002. But CIFA soon became a weapon against anyone suspected of harboring ill-will against the Bush administration and its policies. CIFA was caught spying on antiwar groups, Quakers and other organizations. Even though Clapper and his boss, Secretary of Defense Bob Gates, have expressed concerns about CIFA's reach, the agency remains an integral part of the Pentagon's counterterrorism efforts.
The link between Pentagon-driven intelligence operations and the homeland was underscored during the Katrina crisis by the NGA's deployment to New Orleans of a special vehicle called a Mobile Integrated Geospatial-Intelligence System, or MIGS, which is loaded with equipment that allows NGA analysts to download intelligence from U-2s and U.S. military satellites. The vehicles were first deployed by the NGA in Iraq and Afghanistan, and later to the Gulf Coast. "They're pretty much the NGA in a Humvee—very military," said Goolgasian, the NGA official. "But it kind of sticks out like a sore thumb if you're driving into an urban area" in the United States. As a result, the NGA has painted its domestic vehicles blue and renamed them Domestic MIGS, or DMIGS.
Military, intelligence agency and police work is also coming together in numerous "fusion centers" around the country in a joint program run by the Department of Justice and Department of Homeland Security that has received little public attention. At present, there are 43 current and planned fusion centers in the United States where information from intelligence agencies, the FBI, local police, private sector databases and anonymous tipsters is combined and analyzed by counterterrorism analysts. DHS hopes to create a wide network of such centers that would be tied into the agency's day-to-day activities, according to the Electronic Privacy Information Center. The project, according to EPIC, "inculcates DHS with enormous domestic surveillance powers and evokes comparisons with the publicly condemned domestic surveillance program of COINTELPRO," the 1960s program by the FBI aimed at destroying groups on the American political left.
It doesn't take much imagination to see how powerful technologies, when combined with secretive, growing interagency collaboration, could be misused in a domestic context. In recent years many U.S. cities have deployed sophisticated video cameras throughout their downtown areas that track activity 24 hours a day. And U.S. intelligence and law enforcement agencies now have at their disposal facial recognition software that can identify one person among thousands in a large crowd. Combine that with the awesome eavesdropping power of the NSA and the ability of the NGA to capture live imagery from satellites and UAVs, and the result could be an ability to track any individual, in real time, as he or she moves around.
John Pike, the director of GlobalSecurity.org, said the NGA is unlikely to be called upon for surveillance of an individual inside the United States. "NGA imagery is not what you would use to track people," he said. But as the intelligence infrastructure, including the kinds of local camera-surveillance systems that proved so useful in identifying the perpetrators of the London subway bombings, expands in the United States, it raises the specter of a nationwide surveillance web.
"These networks are going to get denser and going to cover more area over time," Pike said. "At some point in time somebody's going to drop in an automated face-print recognizer, and then they're off to the races. Anybody who is currently wanted by the authorities, well, there's just going to be parts of the country where such a person could not enter."
The expanding role of U.S. intelligence agencies on the home front raises serious issues, according to Army Lt. Gen. Russel L. Honoré, the commanding general on the scene in the Gulf Coast during Hurricane Katrina. Last fall, during a national conference on geospatial intelligence, he said, "Most of our capability [in the military] is kept on the classified side because that's the best way to fight the enemy."
But the situation in the Gulf Coast, as the lines blurred, was complicated by conflicting policy directives. There were some people in government saying, "You're not going to use the intel stuff on us," Honoré recalled, while others were saying just the opposite: "Why aren't you using that intel stuff to tell us what's going on down there?" And then, there were people sitting back, saying, "They can't do that inside the United States," he said, adding, "This is one of the things government has to work out."
In light of the mounting revelations about the Bush administration's domestic spying, civil libertarians no doubt strongly agree.
Originally published on August 9, 2007 in Salon.com, where an online version remains. Copyright © 2007 by Salon Media Group, Inc. Reprinted with permission.
