FC: Justice Department publishes "list of post-9-11 accomplishments"

From: Declan McCullagh (declanat_private)
Date: Mon Sep 09 2002 - 20:52:01 PDT

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    On Monday, the Justice Department published a kind of best-hits list 
    trumpeting what it accomplished in the year since Sept. 11, 2001.
    
    Excerpts follow.
    
    -Declan
    
    ---
    
    http://www.politechbot.com/docs/doj.accomplishments.090902.doc
    
    J u s t i c e   D e p a r t m e n t
    A c c o m p l i s h m e n t s   i n   t h e
    W a r   on   T e r r o r i s m
    
    The Shift from Investigation to Prevention
    
    
    -	FBI: $412 million in additional funds as follows:  $223 million to 
    increase intelligence and surveillance capabilities, response capabilities, 
    and additional equipment and support personnel; $109 million to enhance 
    various FBI information technology projects, including digital storage of 
    documents, data management and warehousing, collaborative capabilities, IT 
    support for Legal Attaches, continuity of operations, video 
    teleconferencing capabilities, and Trilogy support and mainframe data 
    center upgrades; and $78 million to harden FBI information systems against 
    inappropriate and illegal use and intrusion, and to conduct background 
    investigations. The total proposed FY 2003 budget for the FBI ($4.3 
    billion) is a 19% increase over FY 2002 ($3.6 billion pre-CT 
    Supplemental).  With these increases, the FBI budget has increased by 
    almost one-third over the past two years (29%).
    
    ·	State and Local Anti-Terrorism Training  (SLATT) Program Has Provided 
    Assistance to Law Enforcement Authorities.  The State and Local 
    Anti-Terrorism Training (SLATT) Program, administered by OJP’s Bureau of 
    Justice Assistance, provides training and technical assistance on 
    pre-incident preparation and preparedness to state and local law 
    enforcement administrators and prosecution authorities.  SLATT works in 
    close cooperation with the FBI’s National Security Division Training Unit, 
    delivering specialized executive, investigative, intelligence, and officer 
    safety training.
    
    
    ·	May 29, 2002: The FBI Announced Ten Reshaped Priorities Which Focus First 
    on Preventing Terrorist Attacks:
    
    1)	Protect the United States from terrorist attack
    2)	Protect the United States against foreign intelligence operations and 
    espionage
    3)	Protect the United States against cyber-based attacks and high 
    technology crimes
    4)	Combat public corruption at all levels
    5)	Protect civil rights
    6)	Combat transnational and national criminal organizations and enterprises
    7)	Combat major white-collar crime
    8)	Combat significant violent crime
    9)	Support federal, state, local and international partners
    10)	Upgrade technology to successfully perform the FBI’s mission
    
    
    
    ·	Enhanced Terrorist Surveillance Procedures (USA PATRIOT Act, Title II):
    
    -	Adds terrorism crimes to the list of offenses for which wiretap orders 
    are available, also makes wiretap orders available to investigate computer 
    fraud.  The wiretap statute authorizes the government to seek a court order 
    to intercept communications relating to a list of enumerated 
    crimes.  Previously that list did not include a number of offenses that 
    terrorists are likely to commit.  The offenses added under Section 201 
    include chemical weapons offenses, killing United States nationals abroad, 
    using weapons of mass destruction, and providing material support to 
    terrorist organizations.  Section 202 expands the availability of wiretaps 
    to include communications that could reveal evidence of felonious computer 
    fraud.  This provision enables law-enforcement personnel to gather 
    information about attacks on computer systems, which sophisticated 
    international terrorist organizations are capable of planning.  (Section 
    201 and 202: Authority to Intercept Wire, Oral, and Electronic 
    Communications Relating to Terrorism)
    
    -	Allows law-enforcement personnel to share grand-jury and wiretap 
    information regarding foreign intelligence with various other federal 
    officers without first obtaining a court order, including law-enforcement, 
    intelligence, protective, immigration, national-defense, and 
    national-security personnel.  Previous law sharply limited the ability of 
    law-enforcement personnel to share investigative information, and hampered 
    terrorism investigations.  Section 203 establishes a general rule that, 
    notwithstanding any other provision of law, federal law-enforcement 
    personnel may share foreign-intelligence information with intelligence, 
    protective, immigration, national-defense, and national-security 
    personnel.  The Department has regularly utilized this authority to share 
    information in connection with its terrorism investigation, and the 
    Attorney General is finalizing procedures to institutionalize such 
    cooperation.  (Section 203: Authority to Share Criminal Investigative 
    Information)
    
    Authorizes the Director of the FBI to hire translators to support 
    counter-terrorism operations, without regard to federal personnel 
    limitations.  The Department regularly utilizes this expanded authority, 
    with great results in improving the efficiency and efficacy of intelligence 
    operations.  (Section 205: Employment of Translators by the Federal Bureau 
    of Investigation)
    
    -	Improves the ability of law-enforcement officers to enlist the help of 
    third parties, such as landlords, in conducting court-ordered 
    surveillance.  Foreign Intelligence Surveillance Act (“FISA”) permitted the 
    government to require certain third partiesincluding common carriers, 
    landlords, and custodiansto assist in conducting court-ordered 
    surveillance.  However, previous law did not allow law-enforcement 
    personnel to seek the assistance of a third party unless the FISA court has 
    issued an order specifically naming him, which required repeated trips to 
    court, wasting valuable time and resources.  Section 206 allows 
    law-enforcement officers to enlist the help of a newly discovered third 
    party by presenting him with a generic court order.  This enhances the 
    government’s ability to monitor international terrorists and intelligence 
    officers who are trained to thwart surveillance by rapidly changing hotel 
    accommodations, cell phones, and internet accounts, just before important 
    meetings or communications.  (Section 206: Roving Surveillance Authority 
    Under the Foreign Intelligence Surveillance Act of 1978)
    
    -	Increases the length of surveillance and search orders granted by 
    court.  Under previous law, the Foreign Intelligence Surveillance Court 
    could only authorize investigations of foreign powers’ employees for up to 
    45 days.  This required law-enforcement personnel to waste valuable time 
    and resources renewing court orders.  Section 207 permits the FISA court to 
    authorize physical searches and electronic surveillance of foreign powers’ 
    employees for up to 120 days (other persons could be searched / surveilled 
    for 90 days) and further authorizes search / surveillance orders to be 
    extended for periods of up to one year.  Section 207 would apply only to 
    foreign nationals.  (Section 207: Duration of FISA Surveillance of 
    Non-United States Persons Who Are Agents of a Foreign Power)
    
    -	Expedite seizure of voice-mail.  Previous law applied different standards 
    to the seizure of unopened emails stored in a computer and unopened 
    voice-mail messages stored with a service provider.  The government can 
    obtain unopened emails by obtaining a search warrant, but needed a wiretap 
    order to get unopened voice-mail messages from a service provider.  Section 
    209 treats unopened voice-mail like unopened email, requiring that a search 
    warrant be used.  This expedites seizure of voice-mail, and abolishes the 
    current anomalous distinction between voice and data.  Section 209 
    preserves officers’ ability under current law to obtain opened messages 
    through a subpoena.  (Section 209: Seizure of Voice-Mail Messages Pursuant 
    to Warrants)
    
    -	Authorizes investigators to subpoena information about an internet user’s 
    “temporarily assigned network address” (the internet equivalent of a 
    telephone number), as well as billing records.  Under previous law, the 
    government could issue an administrative subpoena to electronic 
    communications providers that required them to disclose a small class of 
    records, including a customer’s name, address, length of service, and 
    long-distance telephone billing records.  All other recordsincluding those 
    relating to the internet, which increasingly is terrorists’ preferred 
    method of communicatingcould be obtained only through the cumbersome 
    court-order process.  In fast-moving terrorist investigations, the delay 
    can be significant.  Internet communications often are a critical method of 
    identifying conspirators and determining the source of the attacks.  This 
    provision authorizes investigators to subpoena information about an 
    internet user’s “temporarily assigned network address,” as well as their 
    billing records.  Speedy acquisition of this information could identify a 
    perpetrator and link an individual terrorist to a larger 
    organization.  Section 210 satisfies a vital law-enforcement need with only 
    a minimal intrusion on privacy interests; it would not allow the government 
    to obtain records of a user’s browsing activity.  (Section 210: Scope of 
    Subpoenas for Records of Electronic Communications)
    
    -	Cable companies subject to the same rules as other internet 
    providers.  Many cable companies have begun to provide Internet and 
    telephone service, and some companies have refused to comply with search 
    warrants or subpoenas for records of their customers’ telephone and 
    Internet use citing the Cable Act’s restrictions.  Section 211 clarifies 
    that statutes governing telephone and Internet communications (and not the 
    burdensome provisions of the Cable Act) apply to cable companies that 
    provide Internet or telephone service in addition to television 
    programming.  Section 211 clarifies that when a cable company acts as a 
    telephone company or an Internet service provider, it must comply with the 
    same disclosure laws that apply to any other telephone company or Internet 
    service provider.  (Section 211: Clarification of Scope)
    
    -	Allows communication providers to voluntarily disclose content of 
    subscribers’ communications in emergencies that threaten death or serious 
    bodily injury.  Previous law did not allow communications providers to 
    disclose the content of their subscribers’ communications in emergencies 
    that threaten death or serious bodily injury  and even though providers 
    could disclose content to protect their rights and property, they could not 
    in the same circumstances disclose non-content records (such as a 
    subscriber’s login records).   The law thus prevented communications 
    providers from acting quickly to prevent imminent terrorist or other 
    criminal activity, and hindered their ability to protect themselves from 
    cyber-terrorists and -criminals.  This section authorizes a provider to 
    disclose its customers’ communications if it believes that an emergency 
    threatens death or serious injury.  Immediate disclosure is critical, 
    because there may be no time to obtain process.  Section 212 protects 
    customers’ privacy interests because it merely allows, rather than 
    requires, providers to disclose communications; the government cannot 
    compel the disclosure of records.  Section 212 also clarifies that 
    providers voluntarily may disclose both content and non-content records to 
    protect their computer systems, protecting the infrastructures.  In one 
    example, this provision was used to investigate a threat against a high 
    school in Canada, where authorities obtained disclosure information from an 
    internet service provider in the United States and identified the 
    perpetrator, who confessed to the threat.  (Section 212: Emergency 
    Disclosure of Electronic Communications to Protect Life and Limb)
    
    -	Eases the legal requirements of law-enforcement officials to obtain court 
    permission for pen/trap orders in international terrorism 
    investigations.  Previously, FISA authorized pen register / trap and trace 
    orderswhich enable law enforcement to collect non-content information about 
    a communicationin investigations to gather foreign-intelligence information 
    or information about international terrorism.  In contrast to the wiretap 
    statute, FISA requires government personnel to certify, not just that the 
    information they seek is relevant, but that the device to be monitored has 
    been used to contact a foreign agent engaged in international 
    terrorism.  Under section 214, the government can more easily obtain a pen 
    / trap order in investigations intended to protect against international 
    terrorism or “clandestine intelligence activities.”  Pen / trap orders 
    would be available if the information to be obtained, or the device to be 
    tapped, is relevant to an international-terrorism investigation.  This 
    provision clarifies that the government may not gather information from a 
    United States individual’s protected First Amendment activities.  (Section 
    214: Pen Register and Trap and Trace Authority Under FISA)
    
    -	Allows law-enforcement officials to more easily obtain business records 
    in international terrorism cases.  Previously, FISA made it extremely 
    difficult for law-enforcement personnel to obtain business records in 
    connection with a foreign-intelligence investigation.  Section 215 
    authorized certain law-enforcement personnel to apply to the FISA court for 
    an order requiring the production of any tangible thing.  The application 
    must certify that the records are sought as part of an investigation of 
    international terrorism or “clandestine intelligence activities.”  A United 
    States person cannot be investigated on the basis of First Amendment 
    protected activities.  (Section 215: Access to Records and Other Items 
    Under the Foreign Intelligence Surveillance Act)
    
    -	Authorizes courts to grant pen/trap orders in relation to the Internet, 
    and makes the order effective anywhere in the United States.  Pen registers 
    and trap and trace devices enable law-enforcement personnel to collect 
    non-content information associated with communication.  They do not allow 
    officers to eavesdrop on the conversation; they only reveal which numbers 
    are dialed by, or received by, a particular telephone.  Law enforcement may 
    use pen registers and trap and trace devices only by obtaining a court 
    order.  Under previous law, such orders were valid only in the issuing 
    court’s jurisdiction, and it was unclear whether pen registers and trap and 
    trace devices could be used to track internet communications.  This 
    provision authorizes courts to grant orders that are valid “anywhere within 
    the United States,” ensuring law-enforcement officials no longer have to 
    apply for new orders each time their investigation leads them to another 
    jurisdiction.  Section 216 clarifies that the pen/trap provisions apply to 
    facilities other than telephone lines, such as the internet.  This enables 
    law enforcement to trace terrorists’ communications regardless of the media 
    they use.  Law enforcement officials may not eavesdrop on the content of a 
    communication, and this provision does not lower the standard courts use in 
    deciding whether to issue a pen/trap order.  The Department has issued 
    guidance clearly delineating departmental policy regarding the avoidance of 
    “overcollection,” i.e., the collection of “content” in the use of pen 
    registers or trap and trace devices governed by the statute.  (Section 216: 
    Modification of Authorities Relating to Use of Pen Registers and Trap and 
    Trace Devices)
    
    -	Allows computer victims of hackers to request government assistance in 
    monitoring and apprehending trespassers.  The wiretap statute previously 
    prevented government assistance when victims of computer trespassing 
    request help in monitoring unauthorized attacks.  Section 217 allows 
    victims of computer attacks to authorize persons “acting under color of 
    law” to monitor trespassers on their computer systems in a narrow class of 
    cases.  Section 217 thus helps place cyber-intruders on the same footing as 
    physical intruders: victims can seek law-enforcement assistance in 
    combating hackers just as burglary victims can invite police officers into 
    their homes to catch burglars.  Section 217 does not authorize 
    law-enforcement authorities to intercept the communications of legitimate 
    computer users.  (Section 217: Interception of Computer Trespasser 
    Communications)
    
    -	Increases availability of searches and surveillance under FISA.  Under 
    previous law, law-enforcement personnel who applied for electronic 
    surveillance or physical searches under FISA were required to certify that 
    “the” primary purpose of their investigation was to gather foreign 
    intelligence.  This required officers constantly to monitor the relative 
    weight of their investigations’ criminal and intelligence 
    purposes.  Section 218 clarified that the government may conduct FISA 
    surveillance or searches if foreign-intelligence gathering is “a 
    significant” purpose of the investigation.  This change reduces officers’ 
    need to evaluate whether their investigations have predominantly criminal 
    or intelligence purposes, and allows increased collaboration between 
    law-enforcement and intelligence personnel.  The Department has 
    implemented, and continues to refine, procedures to effectuate this 
    provision. (Section 218: Foreign Intelligence Information)
    
    -	Allows law-enforcement officials to obtain a search warrant anywhere a 
    terrorist-related activity occurred.  Rule 41(a) of the Federal Rules of 
    Criminal Procedure required law-enforcement personnel to obtain a search 
    warrant in the district where they intend to conduct a search.  Terrorism 
    investigations often span a number of districts, and officers therefore 
    must obtain multiple warrants in multiple jurisdictions, creating 
    unnecessary delays.  Section 219 provides that warrants can be obtained in 
    any district in which terrorism-related activities occurred, regardless of 
    where they will be executed.  This provision does not change the standards 
    governing the availability of a search warrant, but streamlines the 
    search-warrant process.  (Section 219: Single-Jurisdiction Search Warrants 
    for Terrorism)
    
    -	Allows a court, which has jurisdiction over the offense being 
    investigated, to compel the release of stored communications by issuing a 
    search warrant valid anywhere in the United States.  Under previous law, 
    the government had to use a search warrant if it wished to obtain unopened 
    email from a service provider.  But a court sitting in one jurisdiction is 
    not able to issue a warrant that is valid in another jurisdiction.  This 
    requirement unnecessarily delays officers’ access to critical 
    information.  Section 220 allows a court, which has jurisdiction over the 
    offense being investigated, to compel the release of stored communications 
    by issuing a search warrant that is valid anywhere in the United 
    States.  Section 220 would not dilute the substantive standards governing a 
    search warrant’s availability.  (Section 220: Nationwide Service of Search 
    Warrants for Electronic Evidence)
    
    -	Provides the President with flexibility to impose certain trade 
    sanctions.  The previous law prohibited the President from imposing 
    unilateral agricultural and medical sanctions against foreign entities and 
    governments.  Section 221 made an exception for sanctions on devices that 
    could be used to develop missiles or other weapons of mass destruction.  It 
    also expanded the President’s ability to restrict exports to the Taliban, 
    or the portions of Afghanistan controlled by the Taliban.  In addition, 
    section 221 of possible terrorist activity.
    
    ü	November 13, 2001, Attorney General Directive to Designate an Official to 
    Share Information Regarding Terrorist Investigations with State and Local 
    Law Enforcement Officials:  Directed each U.S. Attorney to designate a 
    Chief Information Officer (CIO) in order to centralize the process by which 
    information relevant to the investigation and prosecution of terrorists can 
    be shared with state and local officials.  In addition, directed each CIO 
    of the district to solicit suggestions from state and local officials on 
    the best way to disseminate information in the district and to establish 
    communications protocols for information sharing.
    
    ü	November 13, 2001, Attorney General Directive to Makes Counterterrorism 
    Training Available to Local Law Enforcement Participants in the 
    Anti-Terrorism Task Forces:  Issued to the Assistant Attorney General for 
    the Office of Justice Programs, the Directors of the Office of Community 
    Oriented Policing Services and the Office of Intergovernmental Affairs, and 
    all United States Attorneys.  This directive required training similar to 
    that of the Anti-Terrorism Coordinators be made available to local law 
    enforcement participants in the ATTFs either at the National Advocacy 
    Training Center in Columbia, South Carolina, or through remote training at 
    the 94 United States Attorneys’ offices.
    
    ü	April 11, 2002, Attorney General Directive to Institutionalize 
    Information Sharing Efforts Through Shared Databases:  Issued to the Deputy 
    Attorney General, the Assistant Attorneys General for the Criminal Division 
    and the Office of Legal Policy, the Commissioner of INS, the Administrator 
    of the DEA, and the Directors of the FBI, the Executive Office of United 
    States Attorneys, the Marshals Service, and the Foreign Terrorist Tracking 
    Task Force.  The directives included expanding terrorist information in law 
    enforcement databases, coordinating foreign terrorist information with the 
    Department of Defense and foreign law enforcement agencies, improving 
    information coordination with state and local partners through the 
    development of a secure but unclassified web-based system, and the 
    standardizing of the procedures for the sharing of foreign intelligence and 
    counterintelligence information obtained as part of a criminal 
    investigation with relevant federal officials.
    
    ·	Investigative Guidelines: Implemented New Guidelines to Help Conduct 
    Investigations Capable of Preventing Terrorist Attacks.  The new guidelines 
    reflect the Attorney General’s mission for the Justice Department’s war on 
    terror: to neutralize terrorists before they are able to strike.  The 
    revised guidelines create new information- and intelligence-gathering 
    authorities to detect terrorist plots, and strengthen existing provisions 
    to promote effective intervention to foil terrorists’ plans.  Now they are 
    poised for prevention.  The Attorney General, on May 30, 2002, released 
    four guidelines, including:
    
    -	General Crimes, Racketeering and Terrorism Investigations
    -	FBI Undercover Operations
    -	Confidential Informants
    -	Lawful, Warrantless Monitoring of Verbal Communications
    
    ü	The Guidelines Allow the FBI to Work to Prevent Crimes, Rather than Just 
    Investigating Past Crimes.  The previous guidelines generally barred the 
    FBI from taking the initiative to detect and prevent future crimes, unless 
    it learned of possible criminal activity from external sources.  As a 
    result, the FBI was largely confined to a reactive role.
    
    -	Authorizing the FBI to Have Normal Public Access to Public Places.  Under 
    the old guidelines, FBI field agents were inhibited from visiting public 
    places, which are open to all other citizens.  Agents avoided them not 
    because they were barred by the Constitution, or any federal statute, but 
    because of the lack of clear authority under administrative guidelines 
    issued decades ago.  The new guidelines clarify that FBI field agents may 
    enter any public place that is open to other citizens, unless they are 
    prohibited from doing so by the Constitution or federal statute, for the 
    specific purpose of detecting or preventing terrorist activities.  The 
    guidelines do not, and cannot, nullify any existing Constitutional or 
    statutory duty to obtain judicial approval as required to conduct their 
    surveillance or investigations.
    
    -	Enhances Information-Gathering Ability, Allows General Internet Searches 
    and Commercial Research Data.  In the past, there was no clear basis for 
    conducting online research for counterterrorism purposeseven of publicly 
    available informationexcept when investigating a specific case.  For 
    example, FBI agents could not conduct online searches to identify websites 
    in which bomb-making instructions or plans for cyberterrorism are openly 
    traded and disseminated.  The new guidelines strengthen the FBI’s 
    intelligence-gathering capabilities by expressly stating that agents may 
    engage in online research, even when not linked to an individual criminal 
    investigation.  They also authorize the FBI to use commercial data mining 
    services to detect and prevent terrorist attacks, independent of particular 
    criminal investigations.
    
    -	Allows FBI Field Agents to Use Information Collected in the Earliest 
    Stages To Investigate Groups Suspected of Terrorism.  Under the old 
    Guidelines, preliminary inquirieswhere agents gather information before 
    enough evidence has been uncovered to merit an outright investigationcould 
    be used only to determine whether there was enough evidence to justify 
    investigating an individual crime.  They could not be used to determine 
    whether to open a broader investigation of groups involved in terrorism 
    (i.e., “terrorism enterprise investigations”).  The FBI will be able to use 
    preliminary inquiries to determine whether to launch investigations of 
    groups involved in terrorism (i.e., “terrorism enterprise investigations”).
    
    -	Expanding the Scope and Duration of Investigations, and Easing Red Tape 
    for FBI Field Agents.  The previous guidelines impeded the effective use of 
    criminal intelligence investigations (i.e., investigations of criminal 
    enterprises) by imposing limits on the scope of such investigations, short 
    authorization periods, and burdensome approval and renewal 
    requirements.  The guidelines now expand the scope of criminal intelligence 
    investigations, lengthen their authorization periods, and ease the approval 
    and renewal requirements.  This flexibility enhances the FBI’s 
    terrorism-preventing function and helps the agents in the field.
    
    
    
    
    
    
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