American Intelligence: the Laws and Rules Governing Intelligence Collection - Research Paper Example

 The technology of unmanned vehicles is one of the most important innovations in the field of intelligence due to the least casualties that can be incurred upon application (Reinhardt, 1999, p.37). In the sea, the development of intelligence ships had been initiated by the Soviet Union and followed by the U.S. after the fall of the regime. The latest innovations though are still manned since the development of sea-based intelligence vehicles had been halted due to conflicts with countries such as North Korea (Polmar, 2003). Development of unmanned air vehicles is relatively more advanced since they are already being used for reconnaissance and surveillance missions specifically for dangerous missions. This can be attributed to the less number of casualties that can be incurred while delivering near-real time data. The technologies are already present but the deployment of the UAVs still requires the accommodation in the present system of intelligence (Reinhardt, 1999, p.37-39). On land, the development of intelligence technologies is related to Military Electronic Warfare systems which can be considered as the advancement in the areas of communications, RADAR and surveillance. Land-based station and vehicles are capable of sending, receiving and decoding the data gathered through surveillance. In addition, systems such as the military SIGINT (Signal Intelligence) systems are for the detection, copying, jamming and determination of geolocations through the radio signals important for different types of missions (Potenziani, 2006, p.151). The development of the sea-, land- and air-based unmanned vehicles is still going. The test stage is the phase prior to the implementation to ensure least negative effects in the deployment stage. 2. Discuss evolution of satellite intelligence collection from the Cold War to today. The discovery and development of the satellite technology brought the field of intelligence to a higher level. Data gathering which used to be impossible to be undertaken had been achieved. The U.S. and the Soviet Union were the pioneers in the application of satellites in the gathering of intelligence data. Satellites gave the military other applications important to missions such as communications, meteorology, oceanography, determination of location or Global Positioning Systems (GPS) and Early Warning Systems (Short, No Date). Other applications of the satellites include relaying encrypted communications, nuclear monitoring, observing enemy movements, early warning of missile launches, eavesdropping on terrestrial radio links, radar imaging and photography (“Satellite Collection Programs, No Date). The true sense of the word spy satellites had been applied to the first military satellite CORONA which contained photographic cameras with high resolution optics. It belongs to the first group of US military satellites referred to as KeyHole series. The first of the 4 CORONA satellites was orbited in 1962. This system used the parachute retrieval system to send images to the ground until 1972. The fifth satellite or KH-5 is the Argon series followed by the KH-6, the Lanyard. Through the development, the performance and efficiency of the system relatively increased. KH-7 and KH-8 Gambit series had resolutions of 7 and 2.5 centimeters. KH-9 Hexagon had 5-10 meter resolutions. KH-11 is the ELINT or Electronic Intelligence type with the capability of sending images to the home stations. KH-11 Crystal/Kennan series launched in 1988 used SWIR and Thermal Infrared imagery. KH-12 also uses the Crystal system. Other satellites from different countries include Kosmos, EROS, ICONOS and Quickbird with advanced capabilities. Although some satellite technologies had been revealed, other innovations remain classified (“Satellite Collection Programs, No Date; Short, No Date). 3. Discuss how HUMINT collection is performed in the American Intelligence Community. How does HUMINT vary across the different Agencies and military services? What are the advantages and disadvantages for HUMINT collection? Human Intelligence (HUMINT) is a type of intelligence collection easily accessed due to cheaper technological requirements, thus any can establish HUMINT. In the US, the HUMINT is undertaken by the National Clandestine Services with personnel from the CIA who serve as the program manager. Other agencies such as the Defense Intelligence Agency (DIA) and the FBI participate in the data gathering for HUMINT collection (Headquarters Department of the Army, 2006). The HUMINT collection process involves 5 phases namely screening, planning and preparation, approach and termination strategies, and reporting. Advantages of HUMINT include collection of data from a variety of sources including friendly forces, civilians, detainees and source-related documents which cannot be collected in other ways. The collected data are important in the implementation of plans and actions. Basically, the advantages of HUMINT are related to the uses of the collection of information. On the other hand, the disadvantages of the HUMINT can be related to the limitations. One of the limitations can be related to the reliability of the data. This is based on the subjectivity of the gathered information in terms of interpersonal abilities. Another limitation is the identification of knowledgeable sources, which means that without knowing the proper sources, one can have difficulty using the HUMINT. Limited numbers of assets targeting HUMINT collection can also limit the collection. This can also be related to limitations such as time and language barriers. Due to the fact that the gathered information comprises the HUMINT, misunderstanding and misinformation can also be a disadvantage as well the lack of knowledge in applying the information gathered. Risk management and legal obligations of the collector is also an important part of the HUMINT’s limitations (Headquarters Department of the Army, 2006). 4. View the lecture of DNI Dennis Blair and comment on what he perceives are the opportunities and challenges that the Intelligence Community faces. Trace the evolution of the Intelligence Community from the Cold War to today and what the goals and objectives of the IC are. Dennis Blair, DNI Director perceived different opportunities and challenges in the Intelligence Community. The opportunities related to the Intelligence Community are related to the accomplishment of the different goals. One is by enabling wise national security policies through proper monitoring and national and international security assessment. Another opportunity to contribute in the Intelligence Community is by helping in the second goals which is related to the support in the effective national security action through proper information distribution to diplomats, military units, interagency organizations in the field and domestic law enforcement organizations. Third, is though ensuring that the future intelligence community is better and more effective in the future. Lastly and considered the most important opportunity to contribute to the intelligence community is by ensuring the synergy and integration of the different agencies involved in the gathering of intelligence data and applying them (Blair, 2010, p.4-5). The Intelligence Community continuously changes to adapt to the changing needs of the society. From the time the IC was established in the 1966, the Berlin Wall was destroyed and the Soviet Union which used to be the main target of intelligence collection lost threat after the Cold War. Through the said period, US had been involved in 15 major military deployments that involved high level of intelligence data gathering which included Bosnia, East Timor, Iraq and Panama. Another development after the Cold War is the information revolution, which although is not related but contributed largely in the development of the intelligence community (p.6-8). Another event that affected the American intelligence community in the recent years is the 9/11 attack which triggered and even forced the improvement of the presently imposed policies and security measures. Different events that threaten national security served as important lessons where improvement of national security initialized by the intelligence community had been undertaken. The quest for national security though creates an important challenge to the authorities and agencies, primarily the demand of the people for both a safe country and for their individual privacy (p.8-15). 5. Discuss the laws and rules governing intelligence collection and the recent Constitutional issues that have arisen as a result to the government's response to the September 11, 2001 attacks. Have we infringed on American civil rights too much, or have we tied the hands of the Intelligence Community so much that they cannot protect us? Discuss the legal and policy issues raised in the readings, and the larger questions of executive power raised by Professor Yoo. Due to the changing needs in connection to the intelligence community, the laws governing such activities were also amended. Although there is continuous involvement of legal authorities there are still issues needed to be given attention to be able to achieve a balance between the security of the nation and the privacy of the people. The oversight is one of the actions undertaken to ensure that the intelligence collection follows the law specifically in accordance to the Presidential Executive Orders and the DoD directives and regulations. One is the information should be obtained with consent. Another is that the information had to be available publicly. For foreign intelligence, the collector should be legally and represents connected to the foreign power; an organization under a foreign power; groups or individuals believed to be involved in international terrorism or narcotics activities; prisoners of war. Counterintelligence is also limited to the people who are also connected and licensed to do the job. Other concerns include security related to personnel, physical and communications. Threat to safety is also another reason for intelligence collection. Overhead reconnaissance is also important in intelligence gathering but targeting US persons is prohibited. Data gathering for administrative purposes is also another area of intelligence collection. But one concern in the quest for security is the balance between security of the people and their privacy. In a concern raised by Yoo, he pointed out the serious responsibility of the Presidents in the executive position to look after the national security and economic growth. Aside from that they have influence in the political aspects of the American society. Due to the power of the US in the international community, the differences in the decisions and the preferences of the leaders of the state can result to variation of effects through different administrations. Based on the observation, there can be limitations in national security when such variations would be used as a tool for threat (Yoo, 2010). 6. Discuss the major issues related to intelligence reform and how they may impact the future of intelligence collection in the 21st Century. In your opinion, are policy makers moving in the right direction or the wrong direction? Issues related in the intelligence reform can be considered largely based on the threats and needs of the present society. In a study, Berkowitz concluded that although US intelligence is undertaking actions to investigate and improve the intelligence system, they often propose new systems which instead of improving the capability of the nation to face new and more advance threats, make the nation more susceptible to threats due to the continuous need to adapt to the new systems (Berkowitz, 2004). As the technology became more advanced and the availability of information increase for more people, the confidential intelligence data becomes harder to achieve (Dupont, 2003). In the article by Prados, a query on the relationship of the action of Bush administration to improve the intelligence community and the 9/11 attack had been presented (Prados, 2005). Based on these views, the leaders and authorities can then be considered to be going the wrong direction. In any administrative or organizational structure, it is important to establish rules and policies and give time to employ them. This is to ensure their efficacy in resolving issues. References: Polmar, Norman. “American Spy Ships.” United States Naval Institute Proceedings, Oct 2003, 129 (10), 117. Potenziani, Ernest. “Current and Future Trends in Military Electric Warfare Systems and the role of Thin Films and Related Materials.” Ferroelectrics, 2006, 342, 151-161. Reinhardt, James R., Jonathan E. James, and Edward M. Flanagan. “Future Employment of UAVs: Issues of Jointness.” JFQ, Summer 1999, 36-41. References: Headquarters Department of the Army. Human Intelligence Collector Operations. FM 2-22.3 (FM 34-52) (September 2006). References: Blair, Dennis C. Remarks by the Director of National Intelligence. Alfred M. Landon Lecture Series on Public Issues. Manhattan, Kansas: Kansas State University, 22 February, 2010. References: Lasker, John. U.S. Military’s Elite Hacker Crew. 18 April 2005. Richelson, Jeffrey T. U.S. Satellite Imagery, 1960-1999. National Security Archive Electronic Briefing Books No.13. 14 April 1999. Satellite Collection Programs. From Notes. Short, Nicholas. Military Intelligence Satellites. From Notes. References: Addicott, Jeffrey F. & McCaul, Micheal T. “The Protect America Act of 2007: A Framework for Improving Intelligence Collection in the War on Terror.” Texas Review of Law & Politics, 2008, 13 (1), 43 – 71. Champion, J. Christopher. “The Revamped FISA: Striking a Better Balance Between the Government’s Need to Protect Itself and the 4th Amendment.” Vanderbilt Law Review, 2005, 58 (5). 1671 – 1703. Executive Order 12333 Jordan, David Alan. “Decrypting the Fourth Amendment: Warrantless NSA Surveillance and the Enhanced Expectation of Privacy Provided by Encrypted Voice Over Internet Protocol.” Boston College Law Review, 2006, 47 (1), 1 – 42. Procedures Governing Activities of DoD Intelligence Components that Affect United States Persons. Scott, Roger D. “Territorially Intrusive Intelligence Collection and International Law.” Air Force Law Review, Vol. 46, 1999 (available in Course Documents). Yoo, John. Unitary, Executive, or Both? In Steven G. Calabresi and Christopher S. Yoo The Unitary Executive: Presidential Power from Washington to Bush. 2010, p.544. References: Berkowitz, Bruce. ”Intelligence Reform: Less is More.” Hoover Digest, 2004, No. 2 Dupont, Alan. “Intelligence for the Twenty-First Century.” Intelligence and National Security, 2003, 18 (4), 15-39. Prados, John. “Pentagon Power Play.” Bulletin of the Atomic Scientists. March/April 2005, pp. 21-23. Read More