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WSJ: DHS to Get Access to Spy Satellite Intel
Something of great concern to civil-liberties hawks: the Department of Homeland Security is about to receive expanded access to U.S. intelligence's powerful spy satellites.
The decision, made three months ago by Director of National Intelligence Michael McConnell, places for the first time some of the U.S.'s most powerful intelligence-gathering tools at the disposal of domestic security officials. The move was authorized in a May 25 memo sent to Homeland Security Secretary Michael Chertoff asking his department to facilitate access to the spy network on behalf of civilian agencies and law enforcement.Until now, only a handful of federal civilian agencies, such as the National Aeronautics and Space Administration and the U.S. Geological Survey, have had access to the most basic spy-satellite imagery, and only for the purpose of scientific and environmental study.
More:
According to officials, one of the department's first objectives will be to use the network to enhance border security, determine how best to secure critical infrastructure and help emergency responders after natural disasters. Sometime next year, officials will examine how the satellites can aid federal and local law-enforcement agencies, covering both criminal and civil law. The department is still working on determining how it will engage law enforcement officials and what kind of support it will give them.Access to the high-tech surveillance tools would, for the first time, allow Homeland Security and law-enforcement officials to see real-time, high-resolution images and data, which would allow them, for example, to identify smuggler staging areas, a gang safehouse, or possibly even a building being used by would-be terrorists to manufacture chemical weapons.
DHS intelligence chief Charlie Allen -- a legendary CIA official renowned for his unorthodox thinking -- assures the Wall Street Journal that "we have to get this right because we don't want civil-rights and civil-liberties advocates to have concerns that this is being misused in ways which were not intended." Allen says he's not going to turn over satellite data to local law enforcement until he's confident that civil-liberties protections are in place. Whether
McConnell is going to turn satellite intelligence over to DHS in advance of similar legal guidelines is unknown: the paper reports that "even the architects of the current move are unclear about the legal boundaries."
Update: Big, big mistake on my part: this post originally wrote, mistakenly, that the National Security Agency was going to be the one turning over satellite data to DHS. In fact, that's just not clear from the piece, and other intelligence agencies, like the National Geospatial-Intelligence Agency and the National Reconnaissance Office, operate intelligence satellites. Nor should I have linked this, as I initially did, to the FISA revisions. I regret the errors, and thank reader P for pointing them out.

Comments (38)
BlueInTexas wrote on August 15, 2007 12:23 PM:And they can see when you're adding on to your master bedroom on the back of your house, without the requisite building permit.
Punchy wrote on August 15, 2007 12:27 PM:Johnny Law of the Podunk PD will soon be able to track and map his ex-wife's movements 3 states over.
P J Evans wrote on August 15, 2007 12:37 PM:They won't be able to see the law-enforcement vehicles carrying out un-warranted searches of people's homes and businesses, even when they can listen in to the phone calls of those same people.
Bl wrote on August 15, 2007 12:44 PM:Remember that Tom Delay (RIP) attempted to use DHS to track the private plane flown by one of those pesky Texas Legislators that wasn't cooperating with his redistricting scheme.
Tom Tomorrow wrote on August 15, 2007 12:45 PM:DHS Security Code: 'Polish' as in just puttin' the spit shine on the new police state.
RT wrote on August 15, 2007 12:50 PM:"...concerns that this is being misused in ways which were not intended"
As opposed to misused in ways that -are- intended!
parrot wrote on August 15, 2007 1:02 PM:The CIA can't spy on Americans with the equipment at hand by law...but DHS would like to. How about you get "a warrant" buddy?
johnnydoughey wrote on August 15, 2007 1:03 PM:So... the problem:
You need to gather information, you don't want anyone to know about. It is the only way to stop terrotrists. You cannot share these technics with Congress, or anyone else for fear that the "bad guys" will find out... it is top secret
The solution:
You take these top secret technics, which are now known only by your closest, trusted, 50,000 employees (equal opportunity employers, by the way) and share it with another 50,000 trusted (did you know both agencies employ drug addicts, felons and the mentally ill?) employees.
It would make a good comedy if it weren't for the fact that these government employees are the same people who also have buttons attached to 10,000 nuclear bombs.
(yes, I realize they do not actually push the buttons, they just supply the information which tells the button pushers they "have" to push the buttons or the terrorists will win)
The point of this whole blog is... the bad guys can easily find any information they want... they are not idiots. These secrecy statutes are good for one purpose only... to keep the American public in the dark so there will be no oversight by us...
If we were fortunate enough to be living in a democracy, we could probably stop this...
Mafalda Hopkirk wrote on August 15, 2007 1:14 PM:Fear not!
This will be looked into by the "Improper Use of Magic Office" at the "Ministry of Magic."
M. wrote on August 15, 2007 1:15 PM:These guys are just flying blind, it is getting really, really, really scary.
Jack Flash wrote on August 15, 2007 1:30 PM:"the satellites can aid federal and local law-enforcement agencies, covering both criminal and civil law."
Civil law? So the satellites will track persons of interest until they do SOMETHING.
With the recent trend towards outsourcing psychological services to specialist corporations, what's the best stock buy among the firms which will benefit from the demand for treating the paranoia of all those who become convinced that "a satellite's following me"?
P J Evans wrote on August 15, 2007 1:48 PM:Bl
pajarito wrote on August 15, 2007 2:35 PM:Yeah, I used to live in that guy's district (Pete Laney) - he's retired since then. (They had to gerrymander it; they couldn't beat him legally!)
Frightening is the bringing together of all these sources for analysis and patterns. You will have no secrets.
I have a link to the DNI consultant study concerning this over at KOS.
http://www.dailykos.com/story/2007/8/15/13228/3701
And Tom Delay did use the Homeland Security to track a plane full of Democrat legislators to Oklahoma to delay a bad bill. Perhaps the first known use of the new gestapo for political purposes!
lysias wrote on August 15, 2007 2:42 PM:Are these folks at DHS going to have to pass the background investigation that is normally required for getting a Top Secret Codeword clearance? Will they have to undergo polygraph examinations?
linda wrote on August 15, 2007 2:44 PM:and just wait till that technology is married to this currently being perfected in china. ...:
August 12, 2007
China Enacting a High-Tech Plan to Track People
By KEITH BRADSHER
SHENZHEN, China, Aug. 9 — At least 20,000 police surveillance cameras are being installed along streets here in southern China and will soon be guided by sophisticated computer software from an American-financed company to recognize automatically the faces of police suspects and detect unusual activity.
Starting this month in a port neighborhood and then spreading across Shenzhen, a city of 12.4 million people, residency cards fitted with powerful computer chips programmed by the same company will be issued to most citizens.
Data on the chip will include not just the citizen’s name and address but also work history, educational background, religion, ethnicity, police record, medical insurance status and landlord’s phone number. Even personal reproductive history will be included, for enforcement of China’s controversial “one child” policy. Plans are being studied to add credit histories, subway travel payments and small purchases charged to the card.
and isn't it nice that american corporations are eager to assist:
Incorporated in Florida, China Public Security has raised much of the money to develop its technology from two investment funds in Plano, Tex., Pinnacle Fund and Pinnacle China Fund. Three investment banks — Roth Capital Partners in Newport Beach, Calif.; Oppenheimer & Company in New York; and First Asia Finance Group of Hong Kong — helped raise the money.
http://www.nytimes.com/2007/08/12/business/worldbusiness/12security.html?ei=5065&en=2d7edb61ed14cb4d&ex=1187496000&adxnnl=1&partner=MYWAY&pagewanted=print&adxnnlx=1186927455-uiKIzt1CQndm9+AtrV4nkA
(flag -- how appropriate the security code is something to wipe your ass with)
Anonymous wrote on August 15, 2007 2:51 PM:"determine how best to secure critical infrastructure "....
read: install spy cameras on streets. DHS is handing money to do this, says the news.
neo1 wrote on August 15, 2007 3:00 PM:Well gee Jack Bauer and Chloe had so much fun with spy satellites, we wanna do it to!
foggylady wrote on August 15, 2007 4:22 PM:and how is this **Spy Intel ** to be used???
from Salon:
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.
http://www.salon.com/news/feature/2007/08/09/domestic_surveillance/index1.html
Anonymous wrote on August 15, 2007 4:51 PM:Is there really anyone above the brain level of an ameoba who believes the Gov't spying has anything to do with terrorism?
The genie is out of the bottle and there's no putting her back. Scary? Owellian? You bet.
George Orwell saw this coming back in 1948.
In the early 60s, in the days of computer batch processing, I witnessed outrageous invasions of privacy when I worked for an insurance company. Reams of medical info were held in a data base shared by multiple insurance company. Ostensibly it was use to track medical/insurance fraud artists and did help do just that.
What scared me at the time was that almost anyone employed by an insurance company could learns scads of personal information without a bonafide need to know.
With online processing now nearly half a century later, I shudder to think.
Privacy is long gone. Under our "Patriot Act" a law enforcement officer can collect one's medical or pharmacy records without a warrant. He need only declare that he is investigating a crime. No warrant or subpoena necessary.
I couldn't prove it scientifically, but I doubt we're any safer from criminals or terrorists.
asdf wrote on August 15, 2007 5:14 PM:Doesn`t the national reconnaissance office run the satellites?
The distinction matters since NSA satellites listen in on stuff (SIGINT). This is legally complicated (no really it is ;-)) But the non NSA related NRO sats, like the imaging ones basically do do google earth like photo`s, only more expensive.
Anonymous wrote on August 15, 2007 5:36 PM:Am I reading this correctly? It sounds like the government is working very hard to expand access to satellite surveillance even though those currently without it have not yet articulated any specific need for the information. I mean, if the people who will get the information don't even know how they might be able to use it, then why bother?
Long Memory wrote on August 15, 2007 6:25 PM:The beauty of this is that the Democrats should never again be called the party of Big Brother. The Republicans have bought Big Brother, wrapped him up and taken him home. And when the Republicans say this spying is not aimed at Americans, then the question naturally will be: "And how do you know this?"
Yeah, vote Republican; maybe they won't come after you. Maybe.
Orwell's Intuition wrote on August 15, 2007 6:54 PM:I swear, I don't even recognize this country anymore.
hunkerdown wrote on August 15, 2007 7:08 PM:The questionable beauty of this is that a Dem will win in 2008 and have all these tools at her disposal... to effectively....
sarabia wrote on August 15, 2007 7:10 PM:And so what will the Dems do once they get their hands on all these tools to be in office for the next millenium????
kspena wrote on August 15, 2007 7:42 PM:Remember the tales Powell recited at the UN? Having data does not mean that the interpretation of it will reflect reality. I don't trust the stilted hubris of these guys to produce 'reasonable' interpretations of any events on the ground.
Bunny wrote on August 15, 2007 9:20 PM:It's all so far gone now, I fear Bush is setting us up for a false flag attack to declare a National Emergency. Anyone speaking up or demonstrating (notice the satellites will be used for criminal and civil law) against policy will be subdued, shall we say.
incunabulum wrote on August 15, 2007 9:52 PM:The only way to stop all of this shit is by immediately cutting off all the funding until there is complete oversight without interference. But this would require the Democrats having some balls, which is as likely as Cheney advocating alternate energy.
If it's imagery, it's not NSA. Try NGIA, nee NIMA.
snakedoctor wrote on August 15, 2007 10:37 PM:I'd like to know how many satellites can be diverted from "peaceful" surveillance to Bushco's nefarious objectives. I live in Idaho and have been tracking the many wildfires currently burning.
I used to be able to get daily satellite images of the ID/western MT fires, but now all I get is a message that says:
"As of Friday August 3, 2007, Terra's X band direct broadcast is not functioning. More information on Terra's direct broadcast status will be provided when available. GIS datasets, mapping and analysis products provided on this website that utilize Terra MODIS data are still available, however, availability and integration of Terra data into these products will be approximately 3 hours post-acquisition. All datasets and mapping products will continue to integrate Aqua MODIS data in near real-time."
So...no images. What do you suppose they're looking at now? Anyone got a clue?
Robert Shier wrote on August 15, 2007 10:46 PM:Isn't this the same kind of thing they used to warn us about being done in that bad old police state known as the Soviet Union? Well . . . I guess if the Soviet Union isn't around any more they figure *somebody* may as well use those techniques to keep an eye on and intimidate law abiding citizens.
The Oracle wrote on August 15, 2007 10:57 PM:So, what was it, another Bush signing statement or an executive order?
At one time it was completely illegal (as well as being totally un-American) for U.S. spy satellites to be trained on U.S. soil.
Outside our nation's boundaries was fine, but anything inside our borders reeked of Big Brother, so was made illegal.
There are accumulating signs that certain Republicans really, really expect to retain control of the White House after the November 2008 elections.
Otherwise, they wouldn't be coming up with so many dumbass, un-American policies that would be handed off to a Democratic Party president...if the Democratic Party candidate, whomever, somehow wins next year.
Something very evil is afoot in the Republican Party, something that causes certain Republicans to believe that all these expanded, un-American "unitary executive" powers aren't going to be handed off to a Democratic president, but will remain under the control of the "chosen" Republican successor to Bush.
johnnydoughey wrote on August 15, 2007 11:40 PM:Isn't it amazing what $400 Billion for defense per year can do? Didn't Congress just okay this last budget? This is on top of the budget for the Iraq and Afghanistan wars. Just wait until all vehicles and cell phones have locators... oops, I forgot. They already have them. Kinda brings hide and seek to a whole new level, doesn't it.
Now that half of our intelligence is farmed out to private companies, we can feel pretty secure (that the government AND corporations know everything we do).
johnnydoughey wrote on August 15, 2007 11:58 PM:"Something very evil is afoot in the Republican Party,"
This is about a beauracracy out of control. It will devour us whether or not the Reps or Dems are in power. As long as we continue to feed the federal government unlimited amounts of money, it will eat up every dime, every year, and always suck in more. Remember welfare... 80% is gone before it reaches any bottom recipients. When it doesn't have enough funds for any more bottom people, it will nonetheless continue to need more money for the increased costs at the top levels.
As it devours, it must continually become more and more authoritarian, or lose the ability to grow. It will never diminish it's authority willingly... that's our job. So... this isn't a new concept... it's just evolving, as everything else, in an exponential manner.
How many communities are able to exist now without federal funding? We have gotten to the point that we can no longer function as communities because the Feds are taking so much money, it's impossible to operate without writing grants to get some of it back.. Meanwhile, less and less funding is now available, and when it is, there are strings attached by the feds.
Want highway money... keep the speed limit down... wear seatbelts. you get the point. Just don't expect this to change when the democrat mob takes over from the repiublican mob. Neither party will be willing to relinquish any power to the public...
Cy Guy wrote on August 16, 2007 3:26 AM:"officials will examine how the satellites can aid federal and local law-enforcement agencies, covering both criminal and civil law."
It's the ultimate redlight and speeding camera!
(secret code: ATTACK)
dm wrote on August 16, 2007 11:26 AM:From U.S. v. Garcia, 474 F.3d 994, 997-98 (7th Cir. 2007):
"There is a practical difference lurking here, however. It is the difference between, on the one hand, police trying to follow a car in their own car, and, on the other hand, using cameras (whether mounted on lampposts or in satellites) or GPS devices. In other words, it is the difference between the old technology-the technology of the internal combustion engine-and newer technologies (cameras are not new, of course, but coordinating the images recorded by thousands of such cameras is). But GPS tracking is on the same side of the divide with the surveillance cameras and the satellite imaging, and if what they do is not searching in Fourth Amendment terms, neither is GPS tracking.
This cannot be the end of the analysis, however, because the Supreme Court has insisted, ever since Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), that the meaning of a Fourth Amendment search must change to keep pace with the march of science. So the use of a thermal imager to reveal details of the interior of a home that could not otherwise be discovered without a physical entry was held in Kyllo v. United States, 533 U.S. 27, 34, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001), to be a search within the meaning of the Fourth Amendment. But Kyllo does not help our defendant, because his case unlike Kyllo is not one in which technology provides a substitute for a form of search unequivocally governed by the Fourth Amendment. The substitute here is for an activity, namely following a car on a public street, that is unequivocally not a search within the meaning of the amendment.
But while the defendant's efforts to distinguish the GPS case from the satellite-imaging and lamppost-camera cases are futile, we repeat our earlier point that there is a difference (though it is not the *998 difference involved in Kyllo) between all three of those situations on the one hand and following suspects around in a car on the other. The new technologies enable, as the old (because of expense) do not, wholesale surveillance. One can imagine the police affixing GPS tracking devices to thousands of cars at random, recovering the devices, and using digital search techniques to identify suspicious driving patterns. One can even imagine a law requiring all new cars to come equipped with the device so that the government can keep track of all vehicular movement in the United States. It would be premature to rule that such a program of mass surveillance could not possibly raise a question under the Fourth Amendment-that it could not be a search because it would merely be an efficient alternative to hiring another 10 million police officers to tail every vehicle on the nation's roads."
Pat wrote on August 16, 2007 12:22 PM:Spencer, I agree with people that posted earlier regarding conflating NSA with imaging. This posting demonstrates that you don't know which agencies are doing what.
Recommended reading:
The Oracle wrote on August 17, 2007 3:21 AM:Puzzle Palace
Wizards of Langley
Using U.S. spy satellites to "monitor" people inside the United States used to be highly illegal.
But when combined with reports that the Bush administration has been deploying Predator drone spy aircraft at air force bases around the country (like the squadron at Ellington AFB outside Houston) and one almost begins to suspect something extremely foul and extremely un-American is afoot.
So, I connected some more dots, but starting with BushCo's obsession about starting war with IRAN.
The other day, Blue Dog Democrats teamed up with the rubber-stamp Republicans to strip language from a funding bill that would have expressly required the Bush administration to get a war declaration from Congress before launching any war against IRAN.
Combine this with BushCo designating the Iranian Republican Guard a terrorist group, placing any future BushCo action against IRAN under AUMF, thus "legally" making it possible for BushCo to launch an attack against IRAN while bypassing any congressional pre-authorization, and another dot drops into place indicating BushCo really, really wants to attack IRAN.
Plus, after BushCo attacks IRAN, the likelihood will increase that Iranian agents will retaliate and a terrorist act will occur inside the United States.
Thus making BushCo's recently exposed executive order regarding the declaration of martial law in America in case of a domestic terrorist attack that much more significant. Another dot.
Then, add this dot to BushCo trashing the 1878 Posse Comitas Act, suspending habeas corpus, building $385 million worth of secret detention centers, using U.S. spy satellites to monitor inside the United States (which used to be illegal), the secret telecommunications spying program and a report I just read awhile ago that BushCo is enlisting pastors to help "calm" citizens after martial law is declared.
Gee, so many dots, and so little time...to stop this neo-con Republican coup attempt.
Impeach Bush and Cheney NOW, or within two years I foresee America looking like the Bush-ravaged Iraq of today...and no amount of calming "loyal Bushie" pastors, spy satellites, Predator drones firing Hellfire missiles, or secret domestic surveillance programs will be able to stop the disintegration of our beloved freedom-loving democracy.
ARPUTHARAJAN wrote on September 3, 2007 8:22 AM:SIR I AM BIOTECH STUDENT IN MR COLLEGE I WANT DETAIL ABOUT THE DATABASE DISCOVERED UP TODATE