[MilCom] Talon Database
MJ Cleary
markcleary at juno.com
Mon Jul 9 16:12:41 EDT 2007
"...a vast majority of the database contained reports of cars parked on the
perimeter of military installations or "turnarounds" at base gates..."
"...Military police began to scour the Internet for indicators of suspicious
activity..."
>From the wording above, I wonder how many plane spotters and radio hobbyists
might have ended up in the database?
I know the file on Ken must be quite large by now. lol.
William M. Arkin on National and Homeland Security
http://blog.washingtonpost.com/earlywarning/2007/07/an_end_to_domestic_spying_or_n_1.html#more
Trimming the Government's Talons -- Or Not
Ever since I revealed the existence of the Pentagon's Talon database and the
military's collection of information on anti-war protests, the story has
careened in all directions. The sinister interpretation is that the Defense
Department was or is keeping any anti-military protesters under surveillance
and suppressing the First Amendment rights of American citizens under the
guise of counterterrorism. The American Civil Liberties Union has sued and
Congress has demanded information and accountability.
Now comes a Defense Department Inspector General report on Talon (thanks to
Steve Aftergood at FAS). Talon, as I suspected, got into trouble because of
the unregulated machinations of overzealous military police, not because it
was the product of some military conspiracy. Since the December 2005
revelations in these pages and on NBC News, three prominent officials have
been fired, the database has been scrubbed, and the program has been
redirected. The Defense Department's decisive response, in fact, should
serve as proof even for the skeptical that the military was caught unaware
and took swift action to comply with the law.
Still, the problem hasn't completely gone away: The Defense Department still
believes that protests can be a source of a true criminal threat or could
serve as a cover for terrorism, and as such should be tracked. For now, the
"force protection" officers have lost their mechanism to do so and the
military police and intelligence have been reminded that they don't have the
authority to collect information on U.S. "persons" or engage in domestic
spying. I don't mean to be conspiratorial myself, but the response has been
to think of more clandestine means to do the same tracking, and to rely more
upon even more unregulated law enforcement agencies to do the dirty work.
On Dec. 13, 2005, NBC News aired a report, "Is the Pentagon spying on
Americans?" based upon my research and the leak of a 10-month 2005-2006
database tracking "suspicious" incidents of anti-military activity that
might signal terrorist or criminal threats to military bases and personnel.
In the database were references to reporting on a couple of hundred of
anti-war protests and anti-recruiting incidents. The incidents were deemed
to be a "threat" to the Defense Department if there was a concern that there
might be violence, vandalism or some other law-breaking, even civil
disobedience.
Talon had been established in 2001 as a way of tracking suspicious activity
that might indicate targeting of military interests by terrorists. In May
2003, Deputy Defense Secretary Paul Wolfowitz directed all of the services
to use the Talon format to track "non-validated domestic threat
information." It was hoped that the Talon database of raw reports would
connect the dots, possibly revealing terrorist action in domestic incidents.
Protests were only a minor part of what was collected; a vast majority of
the database contained reports of cars parked on the perimeter of military
installations or "turnarounds" at base gates.
A sensible effort at passive analysis soon became a cause for more active
monitoring. Military police began to scour the Internet for indicators of
suspicious activity. Military police and military intelligence began to
receive reports from local police and from federal law enforcement agencies
of anti-war and anti-military protests. The database grew, but because the
interpretation of what to collect and how aggressive to be was made at the
base level (and the database itself shows that some officers at some bases
were very aggressive), the collection was random and uneven. In fact, any
sane person looking at the entire database in December 2005 would want to
ask: What's the value of this information? Why closely track protestors in
one place and ignore them in others?
The silliness of the effort, or at least its willy-nilly execution, provoked
an immediate response inside the Defense Department.
U.S. Northern Command (NORTHCOM), the homeland defense command, deleted all
Talon reports from its databases in June 2006 and turned off the system. The
Counterintelligence Field Activity (CIFA), which had been made responsible
for creating a larger database called Cornerstone that combined law
enforcement and intelligence collection, immediately began to segregate and
delete any reports older than 90 days that included information on U.S.
"persons." New directives went out with clarifications regarding what could
be collected and retained. The CIFA director and deputy director were
removed from office, as was a senior Pentagon official supposedly
responsible for overseeing the program.
On Feb. 2, 2006, Undersecretary of Defense for Intelligence Steve Cambone
directed CIFA to focus Cornerstone on counterintelligence tracking or
foreign spies and terrorists. Any Talon reports retained, the memorandum
stated, would henceforth be kept in intelligence channels subject to lawful
retention rules. On March 30, 2006, Deputy Secretary of Defense Gordon
England ordered that the Talon system be used only to report possible
international terrorist activity, not the activity of domestic protestors,
and only retained as intelligence information.
In other words, military police at local bases were out of the domestic law
enforcement business. Finally, in April, the new undersecretary of defense
for intelligence, Ret. Lt. Gen. James R. Clapper Jr., recommended to
Secretary of Defense Robert Gates that the Talon program be terminated
altogether due to "its image in the Congress and the media."
The Inspector General reviewed the Talon and Cornerstone databases and found
no evidence of an unlawful intelligence collection operation. Of 13,000
Talon reports, the IG found that CIFA had scrubbed 1,131 as improper; of
those 263 were related to protests and demonstrations. Of those 263 Talon
reports, 157 discussed an action or event that took place and 75 of those
157 involved criminal actions that resulted in police intervention or
arrests, involved destruction of property or violence, or required court
appearances. The IG found that a total of 334 reports contained U.S. person
information (regarding individuals, organizations, or businesses by name. A
total of 142 U.S. persons were identified in 92 protest and demonstration
Talon reports. According to the IG, "The U.S. person information included
subjects; sources; witnesses; victims; interviewees; illegal aliens; famous
people referenced for quotes, positions and scheduled appearances; law
enforcement officials involved; and the agent creating the TALON."
The IG further determined that the Defense Department did not engage in
either "overt or covert intelligence methods to obtain the information
contained in the TALON reports." Information came in from "concerned
individuals such as civilians; military personnel, both performing their
official duties and as citizens; and law enforcement personnel." The Army's
902nd Military Intelligence Group, headquartered at Ft. Meade, Maryland was
found to be the main conduit for information coming in from these other law
enforcement sources. This included particularly Immigration and Customs
Enforcement (ICE) of the Department of Homeland Security and the Federal
Protective Service.
Like most Inspector General Investigations, the Defense Department review of
the Talon database was specific and narrow. The Talon program per se was not
the subject of the investigation, nor were the actions of CIFA, Northern
Command, or individual military bases and officers to collect or solicit
information to track "threats," including protest activity.
So Talon is dead, and the Defense Department is contrite on any activities
it might have conducted that violated its own regulations and inadvertently
might have violated the law. But the Talon experience, military sources say,
has just forced CIFA and NORTHCOM to go back to the drawing boards to figure
out a way to keep an eye on domestic activity that could indeed be the
source of terrorism.
And so the circle begins again. The danger now is that the dots, which
Defense Department law enforcement still believes are valuable and should be
connected, will be collected in some other way. The place for Congress and
the ACLU to look is at the Department of Homeland Security, the new law
enforcers with an unregulated and expansive mandate.
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