Homeland Security Chapter 16

Changing Global Context of Terrorism Terrorism has been traced back to the French Revolution ( ) – Used by the government to silence enemies of the state – Now terrorism is used by “NONSTATE ACTORS”, an entity that plays a role in international affairs but does not represent an established state or nation – Terrorism is subjective in nature

Changing Global Context of Terrorism “Terrorism” is the unlawful use of force or violence against persons or property to intimidate or coerce a government, civilian population, or any segment thereof, in furtherance of political or social objectives. Is it unlawful or an act of war? – Rules for each is dramatically different

Changing Global Context of Terrorism Al Qaeda – Used to be lead by Osama Bin Laden – Formed by volunteers in the 80’s to fight Soviets(Russians) in Afghanistan – Jihad 1.Struggle against the evil in oneself 2.Struggle against the evil outside oneself 3.Struggle against non believers Many believe this can be done without violence, though some do

Changing Global Context of Terrorism Now many splinter groups affiliated with Al Qaeda ISIS, Boko Haram and many more Domestic Terrorism-acts that take place within U.S. jurisdiction without direct foreign involvement

Domestic Terrorism Usually an alienated person because of their extreme views – Internet allows for increased radicalization – Training manuals, videos, regular communication Some may not communicate but will read and train themselves

Domestic Terrorism Al Qaeda cells are more independent now to do their deeds Constantly recruiting – Online – Magazines, “Inspire”

Domestic Terrorism Trends for the future – Financing-money laundering, fund raising, drug trafficking, cigarettes – More efficient organizations-based on small business model, recruiting, fund raising, planning, propaganda, social services, no single leader, hard to infiltrate – Communication-social media, websites

Weaponry of Terrorism Weapons of Mass Destruction (WMD) 1.Biological-bacteria viruses anthrax 2.Chemical-manufactured Mustard, chlorine, ricin, cyanide, sarin 3.Nuclear-bombs 4.Radiological-using radioactive materials as a weapon Explosive device + radioactive waste from a hospital

Weaponry of Terrorism Conventional Explosives – Using chemicals to create explosives, or obtaining explosives usually used by military – Improvised Explosive Device (IED)- explosive charges created using non military or nontraditional components

The Homeland Security Response “Antiterrorism and effective death penalty act” (AEDPA)-legislation that allows LE to arrest and prosecute individuals who provide material support or resources to a foreign terrorist organization” – Secretary of State is required to give Congress a list of FTO’s yearly Patriot Act made it a strict liability crime to give financial support, as well as expanded monitoring of terrorists

The Homeland Security Response Patriot Act continued…… – Relaxes restrictions on info sharing between U.S. LE agencies regarding terrorists – Creates crime of harboring terrorists – More freedom to seize records – Authorized $$ to triple border agents, customs and immigration officers – USG can detain non US citizens for 7 days without informing them of charges – Eliminates statute of limitations for prosecution of serious terrorism related crimes

The Homeland Security Response Patriot Act continued…… – All permanent law except three sections which have expiration dates for the protection of civil liberties 1.Roving wiretaps-terrorists who switch phone numbers 2.Obtaining court approved access to business records 3.Monitor lone wolves w/out having to show connection between target and terrorist organization

The Department of Homeland Security Developed in 2002 Includes 21 federal agencies – Transportation Security Administration (TSA) – Federal Emergency Management Agency (FEMA) – Customs and Border Patrol (CBP) – Citizenship & Immigration Services (CIS) – Immigration and Customs Enforcement (ICE)

Agencies Outside of DHS FBI is the lead agency for terrorist investigations Central Intelligence Agency (CIA) – Gathers intel-electronic, human, open- source National Security Agency (NSA) – Focuses on communication eavesdropping State and Local “fusion” centers – Established/funded by feds – Assists in data collection/dissemination

Agencies Outside of DHS International Coalitions developed as well – Why? 9/11 hijackers trained in M.E., developed plan in Europe, carried out plan in U.S. – Need for cooperation

Counterterrorism Challenges and Strategies Preventive policing – Undercover operations – Not necessary to solve crimes, but prevent based on actions taken by suspects – Use of informants – Many accusations and defenses of entrpament, but all suspects were deemed predisposed to terrorist act

Counterterrorism Challenges and Strategies The Criminal Justice Model – Primary response to terrorism prior to 9/11 – Uses criminal courts to prosecute – Offers little protection against large scale attacks, especially suicide attacks The Intelligence Model – Financial support has grown local LE intel units – Helps identify potential terrorists, ID pre-op planning – Info sharing with other local and federal LEA’s

Counterterrorism Challenges and Strategies Military Solutions – Used extensively – Allows for terrorists to be held as enemy combatants (held until end of war on terror or until subject deemed not a threat) – Guantanamo Bay was used; rules of war used as opposed to criminal justice rules

Emergency Preparedness and Response Federal government asked NORTHCOM to develop response plans for three simultaneous attacks Preparedness-umbrella term for the actions taken by governments to prepare for large scale catastrophic events such as terrorist attacks or environmental disasters.

Emergency Preparedness and Response First Responders – Securing scene by maintaining order – Rescuing and treating injured – Containing fires or hazardous conditions – Retrieving the dead 9/ firefighters and 75 police officers killed in line of duty

Border Security Regulated ports of entry – Where people and goods legally enter country – Passports and Visa’s checked Visa-official authorization allowing a person to travel within country – Since 9/11….. Increased scrutiny based on terrorist risk factors No fly lists

Border Security Unregulated Border Entry – U.S.-Canadian border-3957 miles – U.S.-Mexican border-1954 miles – Uninhabited plains, woodlands, desert – Patrolled by 21,500 Border Patrol agents – Easy crossing for criminals and terrorists

Security vs. Civil Liberties Many questioned “terrorists” right to attorney and even trial in criminal courts 2011 poll-34% believed Patriot Act infringed or posed threat to civil liberties Where do we draw the line????

Freedom on Speech 1 st Amendment allows us to be “outspoken” and “think what we will and say what we think” – 40 years ago KKK leader said he would take revenge on the government. – Eventually arrested and convicted – Supreme Court overturned; not immenent and not likely

Freedom on Speech Though “outspoken Jihad”, looked at differently – When it can be proved there is training, preparation and planning involved, including online support

Searches, Surveillance, and Security Patriot Act and searches – 9/11 report found we could have had blue print for 9/11 if not hindered by 4 th amendment – Therefore Federal LEA’s are allowed to obtain warrants for “significant purpose” without criminal activity present Terrorism investigations Chemical weapons investigations Computer fraud and abuse investigations

Searches, Surveillance, and Security Patriot Act and surveillance – Allows for more leeway in obtaining warrant for “significant purpose” if investigation is for intelligence gathering or antiterrorist activity – Allows for investigation to move with target – And to avoid notification – NSA is allowed to wiretap anyone reasonably believed to be outside the U.S. for 7 days without court order to protect national security

Searches, Surveillance, and Security – Can wiretap AMERICANS for 7 days if they believe there is probable cause target is linked to terrorism Privacy vs. Security – Body scanners – Physical searches at airports (aggressive patdowns, including groin and breasts for signs of explosives)

Searches, Surveillance, and Security – Underwear bomber, Detroit 2009 PETN explosive sewn into underwear Undetectable, BUT devices to detonate PETN could be found using scanners and patdowns Terrorist profiling – Raise concerns over racial and cultural profiling – Is a person’s race or religion enough to stop them for further investigation?

Searches, Surveillance, and Security The Israeli screening process – Does take into account a persons country of origin and skin color – Would you be in favor of this type of screening?

Due Process and Indefinite Detention Post 9/11 allowed for detention of non U.S. citizens of “special interest” without charging them – Held at Gitmo – No legal representation Gitmo has been downsizing – Though some released have returned to battlefield – Military Tribunals-court that is operated by military and presided over by military officers Ghailani “failed” criminal court prosecution – Gitmo will most likely remain open for years to come…….Risk Reduction