Stephen Marrin
November 2003
Stephen Marrin is an analyst with the General Accounting Offices Defense Capabilities and Management team in
Washington, DC. He is also a doctoral candidate in the Woodrow Wilson Department of Politics at the University of Virginia, specializing in the study of intelligence. He previously served as an analyst with the Central Intelligence Agency and has written many articles on intelligence, including a background paper titled Homeland Security and the Analysis of Foreign Intelligence for the Markle Foundation Task Force on National Security in the Information Age. The views expressed in this article are those of the author and do not reflect the position of the General Accounting Office or any otherU.S. government entity. As required, CIAs Publication Review Board reviewed this paper and has no security objection to its dissemination, although the review does not confirm the accuracy of the information nor does it endorse the authors views.This article is adapted from an
18 March 2003 presentation to the 2003 Counter-Terrorism and Civil Liberties Conference at Central Missouri State University.
The U.S. experience with foreign intelligence indicates that the roles and missions of the federal governments new domestic intelligence capabilities will likely increase in the future. The study of foreign intelligence provides a valuable vantage point from which to observe and critique the burgeoning federal domestic surveillance system, because the new domestic intelligence programs appear to approximate a domestic version of the longstanding foreign intelligence capabilities. Foreign intelligencewhich entails the covert acquisition of information overseas to protect national securityhas been institutionalized since 1947, whereas domestic intelligencewhich entails the acquisition of information from domestic sources to protect domestic or homeland securityhas historically had minimal institutionalization at the federal level.
Since the 11 September 2001 attacks, the federal government has proposed and implemented numerous new domestic intelligence programs to bolster its counter-terrorism capabilities. These domestic intelligence programs run the gamut from increased aerial surveillance to increased wiretap authority to the creation of passive surveillance systems to detect the presence of nuclear, chemical, or biological agents. Additional controversial domestic intelligence programs include the Justice Departments proposed Operation TIPS for public reporting of suspicious activity, the modification of the Foreign Intelligence Surveillance Act to increase the use of information acquired in court-approved wiretaps, and the creation of the Total Information Awareness programsince renamed the Terrorism Information Awareness programto determine whether large-scale data mining could be a feasible way to track or catch terrorists.
Concepts developed in the study of foreign intelligence can be applied to domestic intelligence to provide insight into how the federal governments new domestic intelligence programs may develop. The study of foreign intelligence indicates that the roles and missions of domestic intelligence will likely increase for two distinctly different reasons:
The expanding roles and missions of domestic intelligence agencies will likely pose a threat to civil liberties. This threat canand shouldbe countered through the incorporation of overlapping procedural guidelines and oversight mechanisms at the creation of each new domestic intelligence program so as to prevent possible future violations of civil liberties.
The Increasing Need for Domestic Intelligence
The U.S. experience with foreign intelligence indicates that homeland security needs will require even greater levels of domestic intelligence in the future. Foreign intelligence indicates that the purpose of intelligenceboth foreign and domesticis to facilitate precise application of governmental power. Countering terrorism has increased the need to collect domestic intelligence, but threats to domestic security will increase even more in the future due to growth in technological capacities. As the use of power increases to counter these threats, domestic intelligence capabilities must correspondingly increase so that the power is applied effectively.
The Purpose of Foreign Intelligence
The purpose of institutionalized foreign intelligence is to provide information to national security decision makers so that they can use the economic, political, or military power at their disposal more effectively. To accomplish this purpose, foreign intelligence agencies covertly acquire, analyze, and disseminate information regarding threats to national
Controversy over intelligence exists not because of the purpose it serves but because of ethical concerns regarding how it is collected and pragmatic concerns regarding how it is used. In 1930, Secretary of State Henry Stimson expressed his opposition to intelligence by saying, Gentlemen do not read each others
Additional opposition to intelligence agencies arises from their association with covert action capabilities. Covert action is the secret use of power, usually consisting of military force, and some intelligence agencies, such as the Central Intelligence Agency, contain a covert action unit. Covert action is a very different function from the covert collection and analysis of intelligence information, however, and the functions should be separated for conceptual clarity because combining the functions obscures the real purposes of intelligence and makes intelligence as a governmental function guilty by association with controversial policymaking. As a result, for purposes of this article, intelligence refers to the collection and analysis of information, but not the covert action capability that is associated with it.
The primary security benefit of intelligence is that it enables power to be applied with greater precision and with less collateral damage. Properly understood, the role of intelligence is the collection and analysis of information. Contrary to the popular maxim, the American experience with foreign intelligence demonstrates that knowledge is not power. Knowledge can make the application of power more effective, but knowledge alone is powerless. In terms of foreign intelligence, the benefit of intelligence is easiest to illustrate in the application of military power. For example, satellite imagery provides military planners with precise information regarding the location of enemy military installations and terrorist training camps, and military force can be applied more precisely once this information is provided to bomber pilots or programmed into cruise missiles. The failure of intelligence to provide correct information also illustrates its importance in applying power with precision and preventing collateral damage, such as the May 1999 inadvertent bombing of Chinas Embassy in Belgrade, Serbia, due to faulty
The specific roles and missions of strategic foreign intelligence agencies are subject to debate and change because even though they focus on threats to national security, the definitions of both threat and national security are ambiguous. As Joseph Romm observed, the phrase national security had become so widely used by 1947 that the National Security Act, which
In sum, foreign intelligence exists to provide information to decision makers at all levels of government so that they can apply the power they have at their disposal more precisely. Domestic intelligence agencies exist to provide the same service to policymakers who wield power domestically. Even though a single agency could collect and analyze intelligence information both overseas and at home as the Soviet Unions KGB did, in the United States foreign and domestic intelligence collection are separated from each other to protect domestic civil liberties. As Stewart Bakerthe former general counsel of the National Security Agencyobserved, Combining domestic and foreign intelligence functions creates the possibility that domestic law enforcement will be infected by the secrecy, deception, and ruthlessness that international espionage requires. Dividing the responsibilities among different agencies reduces that
Application to Domestic Intelligence
Domestic intelligence serves the same purpose as foreign intelligenceto enable government power to be applied with greater precisionand is structured in a similar way. Domestic intelligence is defined as the collection, evaluation, and collation of information relating to threats to government, including threats to the orderly conduct of government business, according to
Government power in domestic areas is not limited solely to law enforcement, however. As with foreign policy, domestic policy entails application of economic, political, and social power. The difference is that these powers are structured by the
The bulk of domestic intelligence in the United States is collected by local law enforcement agencies in the course of their daily street patrols and other
The FBIaccording to intelligence scholar Arthur Hulnick
Terrorism has led to an increased need for domestic intelligence, but in the future the threat to homeland security will be even greater due to growth in technology, and as a result the role of domestic intelligence in protecting homeland security will be even greater than it is today. The threat to security is growing because technological knowledge inevitably diffuses, and as knowledge increases, greater power is available at less cost and requires the efforts of fewer and fewer people. Technology provides people with toolsintrinsically neither good nor badthat acquire normative value based on the uses to which they are put. Technological advances have provided huge benefits in many fieldsincluding communications, education, medicine, and food productionbut the same technology that can be used to create can also be used to destroy. Soon technological advances in areas including genetics and nanotechnology will require the re-conceptualization of security. Biological warfare is bad enough, but biological warfare incorporating genetic engineering is downright apocalyptic. Information from the human genome could give biological weapons programs the means to target specific ethnic groupstransform[ing] biological weapons into potent tools of ethnic cleansing and
Mission Creep Is Also Highly Likely
The U.S. experience with foreign intelligence demonstrates that, over time, intelligence capabilities expand and that a similar expansion of domestic intelligence capabilities is highly likely. Foreign intelligence bureaucracies were permanently established after World
Expanding Foreign Intelligence Missions17
American officials created a permanent intelligence community to warn policymakers of threats to national security. The Japanese attack on Pearl Harbor had such a detrimental effect on American perceptions of security that after World
The attack on Pearl Harbor and subsequent American involvement in World
Over time a more expansive role for foreign intelligence agencies developed, providing intelligence to support foreign policymaking more generally rather than limiting the focus to national security threats. The term national security is notorious for its ambiguity and flexibility. During the Cold War, national security could reasonably incorporate all aspects of foreign and domestic policy. Distinct from pure security considerations, a foreign policy is a governments attempt to advance its interests internationally. In the case of the United States, the primary interests are mentioned in the Constitution: Provide for the common defense, promote the general welfare, and secure the blessings of liberty. To achieve the goals of greater defense, welfare, or liberty requires the application of powerwhether military, economic, or politicalinternationally through a foreign policy. During the Cold War, economic and political matters were interpreted through a security prism, and national security considerations seemed to incorporate all aspects of foreign policy because of the huge level of effort required to be prepared to fight World
When the Cold War ended and the primary threat to national security disappeared, it became obvious that intelligence agencies had expanded their role to provide intelligence relevant to foreign policy support more generally rather than exclusively for national security concerns. In the early 1990s, debates over the direction of postCold War intelligence roles and missions highlighted the importance of changing perceptions of national security threats. Those who emphasized the primacy of economic matters in the future wanted the Intelligence Community to focus on economic intelligence. Those who believed that interdependence would make the power of states less relevant focused their attention on other transnational issues, such as narcotics trafficking, terrorism, and the environment. And those who believed that the United States should focus its power only on narrowly defined national security threats argued for a smaller, more targeted intelligence capability.
Once intelligence collection capabilities are built for one purpose, they canand most likely willbe used for others. For example, information acquired on a foreign countrys transportation infrastructure for a defense capabilities study can be adapted to provide assessments of port or rail carrying capacities prior to humanitarian interventions. Information collected to assess how a foreign leader responds in different national security situations can be provided in the form of foreign leader profiles to trade negotiators to provide an edge in negotiations. Absent a clear security threat and outside the context of the Cold War, these activities are more accurately conceived as foreign policy support rather than national security threat perception and warning.
National domestic intelligence capabilities will likely expand along a path similar to the one foreign intelligence has taken.
Application to Domestic Intelligence
Like foreign intelligence, domestic intelligence has been a perennial component of domestic governance that historically has been institutionalized ad hoc to address specific threats to domestic security. Unlike other countries that established permanent domestic intelligence agencies to monitor citizen behavior in the face of long-term insurgencies or violent political factions, the United States has had few reasons to institutionalize a national domestic intelligence capability. As Richard Morgan observed, The first century and a half of American democracy was marked by intermittent episodes of internal intelligence gathering. Monitoring dissent, by the federal government at least, was undertaken only in response to a crisis of the moment; with the passing of the crisis the monitoring ceased, and the federal machinery that supported it was dismantled or retooled for other
During the Cold War, however, domestic intelligence capabilities expanded for reasons similar to the expansion in foreign intelligence. According to Morton Halperin, The Cold War also intensified the practice of government surveillance of persons and groups in America engaged in lawful political activities. In the name of counterintelligence, the government has systematically harassed and spied upon disfavored groups: communists in the 1940s and 1950s; civil rights activists, black nationalists, antiwar activists, womens liberationists, and the New Left in the 1960s and 1970s; and opponents of
Domestic intelligence agencies such as the FBI and local police departments curtailed their activities in the late 1970s because of public opposition to their practices and a backlash against their abuses. According to intelligence expert Herbert Romerstein, in the
The 11 September 2001 terrorist attacks highlighted the risk to national security of allowing domestic intelligence capabilities to wither, and the attacks provided a security rationale analogous to Pearl Harbor for expanding existing national domestic intelligence capabilities into permanent bureaucracies dedicated to domestic intelligence collection and analysis. In 1990, Morton Halperin warned that the counterterrorism rationale might be used to increase federal domestic intelligence capabilities when he observed that the national security apparatus that was put in place to wage the Cold War is now a burgeoning bureaucracy in search of a new mission.
It is busy identifying new enemies, based on an expanded definition of national security, that justify its continued existence and funding. International terrorism is rapidly supplanting the communist threat as the primary justification for wholesale deprivations of civil liberties and distortions of the democratic process. Once governments, guerilla movements, and individuals disliked by theUS government are labeled terrorists, measures such as warrantless searches and wiretaps, restrictions on the right to travel, speak, and receiveinformation often becomeacceptable.24
Despite Halperins concerns, however, some increase in domestic intelligence capabilities seems necessary in the aftermath of the
Since 2001 the federal government has made many changes to its security and intelligence agencies to improve their operations. These changes include the creation of the Department of Homeland Security and the Terrorist Threat Integration Center, the incorporation of the Secret Service into the Department of Homeland Security, the shift of the Bureau of Alcohol, Tobacco and Firearms from the Treasury Department to Justice, and the growth in FBI intelligence collection and analysis capabilities. Further institutionalization of the domestic intelligence capability is also likely and is reflected in proposals to strip the FBI of its counter-terrorism and counter-intelligence functions, and move them to a new intelligence agency similar to the British organization
Once intelligence capabilities are developed for one purpose, eventually they will be used for other purposes due to pressures to do something. For example, civilian agencies have accepted assistance from tactical military intelligence systems in the past. The Defense Departments willingness to offerand law enforcements eagerness to acceptthe use of an unpiloted aircraft in the search to find the snipers near
The ability to use counterterrorism surveillance capabilities for general law enforcement purposes will be a temptation not easily resisted, and such mission expansion may already be occurring. In February 2003, the
Over time, technological advancements will only increase domestic surveillance capabilities and the ability of those in power to ensure domestic security. Technological capabilities exist to monitor society at a level only imagined in books like George Orwells 1984, including the ability to catch all red light runners and speeders, the installment of cameras in public places, the use of biometric devices for authentication, the ability to survey the movements and behavior of people by passively monitoring [emissions from personal wireless devices such as mobile phones, cameras, consumer audio devices, smart cards, digital radios and medical tracking devices] or actively querying the devices they
Beyond security issues, domestic intelligence informationonce collected, centralized, and available for use by appropriate authoritiescould be used for purposes other than ensuring security, such as the targeted distribution of goods and services. In the end, once information is collected, it can be used for purposes other than those initially intended, and it likely will, because of increased efficiency and effectiveness of policymaking. Domestic intelligence mission creep is highly likely due to the benefits accruing from other uses of the information.
Protecting Against Abuse
Insight regarding the likely future development of domestic intelligence capabilities derived from the study of foreign intelligence gives todays policymakers the ability to create bulwarks against possible future violations of civil liberties. Domestic intelligence collection and exploitation capabilities have increased since the
Perhaps a day will dawn when tyrants can no longer threaten the liberty of any people, when the function of all nations, however varied their ideologies, will be to enhance life, not to control it. If such a condition is possible, it is in a future too far distant to foresee. Until that safer, better day, the democracies will avoid disaster, and possibly total destruction, only by maintaining their defenses.Among the increasingly intricate arsenals across the world, intelligence is an essential weapon, perhaps the most important. But it is, being secret, the most dangerous. Safeguards to prevent its abuse must be devised, revised, and rigidly applied. But, as in all enterprise, the character and wisdom of those to whom it is entrusted will be decisive. In the integrity of that guardianship lies the hope of free people to endure and prevail.
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References
Click on an end note number to return to the article.
1. For articles on the definition and purpose of intelligence, see Michael Warners Wanted: A Definition of Intelligence, Studies in Intelligence (CIA publication), 2. Loch Johnson, Controlling the CIA: 3. James Titus, book review of 4. For example, in early 2003 controversy sprung up over reports that the 5. For more on the details behind the bombing, see the statement of Bill Harlow, CIA Director of Public Affairs, 6. Joseph J. Romm, Defining National Security: The Nonmilitary Aspects 7. Stewart A. Baker, Should Spies Be Cops? Foreign Policy, 8. W. Raymond Wannall, The FBIs Domestic Intelligence Operations: Domestic Security in Limbo, International Journal of Intelligence and Counterintelligence, 9. For information on tactical law enforcement intelligence, see 10. For information on strategic domestic intelligence, see Intelligence Requirements for the 1980s, 11. For more on FBI intelligence, see 12. Arthur S. Hulnick, Intelligence and Law Enforcement: The Spies Are Not Cops Problem, International Journal of Intelligence and Counterintelligence, 13. FBI website: General Frequently Asked Questions.
14. Ibid.
15. Centre for Counterintelligence and Security Studies homepage.
16. Ethirajan Anbarasan, Genetic Weapons: 17. This section borrows some ideas and language from a submission entitled Foreign Policy and Intelligence posted to the 18. Harold P. Ford, 19. U.S. Intelligence Community: Who We Are.
20. Richard E. Morgan, Domestic Intelligence: Monitoring Dissent in America 21. Ibid., p. 24.
22. Morton H. Halperin and 23. Herbert Romerstein, What Information Should Be Collected and How Should Collection Be Organized, in Intelligence Requirements for the 1980s, 24. Morton H. Halperin and 25. Stuart Taylor Jr., Spying on Terrorists, Government Executive, 26. Naval Intelligence Operations in Naval Intelligence, Naval Doctrine 27. FBI Changes Thwart Domestic Terrorism, Associated Press report, 28. Nick Jones, Eavesdropping on the Device in Your Pocket, Gartner Group Research Note 29. Jackie Fenn, Surveillance and Privacy: Technologies and Opportunities, Gartner Research Report 30. For civil libertarian concerns, see Jay Stanley and Barry Steinhardt, Bigger Monster, Weaker Chains: The Growth of an American Surveillance Society 31. For examples of guidelines, see Protecting Americas Freedom in the Information Age 32. William Stevenson, A Man Called Intrepid