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washingtonpost.com<br><br>
National Dragnet Is a Click Away<br>
Authorities to Gain Fast and Expansive Access to Records<br><br>
By Robert O'Harrow Jr. and Ellen Nakashima<br>
Washington Post Staff Writers<br>
Thursday, March 6, 2008; A01<br><br>
Several thousand law enforcement agencies are creating the foundation of
a domestic intelligence system through computer networks that analyze
vast amounts of police information to fight crime and root out terror
plots.<br><br>
As federal authorities struggled to meet information-sharing mandates
after the Sept. 11, 2001, terrorist attacks, police agencies from Alaska
and California to the Washington region poured millions of criminal and
investigative records into shared digital repositories called data
warehouses, giving investigators and analysts new power to discern links
among people, patterns of behavior and other hidden clues.<br><br>
Those network efforts will begin expanding further this month, as some
local and state agencies connect to a fledgling Justice Department system
called the National Data Exchange, or N-DEx. Federal authorities hope
N-DEx will become what one called a "one-stop shop" enabling
federal law enforcement, counterterrorism and intelligence analysts to
automatically examine the enormous caches of local and state records for
the first time.<br><br>
Although Americans have become accustomed to seeing dazzling examples of
fictional crime-busting gear on television and in movies, law
enforcement's search for clues has in reality involved a mundane mix of
disjointed computers, legwork and luck.<br><br>
These new systems are transforming that process. "It's going from
the horse-and-buggy days to the space age, that's what it's like,"
said Sgt. Chuck Violette of the Tucson police department, one of almost
1,600 law enforcement agencies that uses a commercial data-mining system
called Coplink.<br><br>
With Coplink, police investigators can pinpoint suspects by searching on
scraps of information such as nicknames, height, weight, color of hair
and the placement of a tattoo. They can find hidden relationships among
suspects and instantly map links among people, places and events.
Searches that might have taken weeks or months -- or which might not have
been attempted, because of the amount of paper and analysis involved --
are now done in seconds.<br><br>
On one recent day, Tucson detective Cynthia Butierez demonstrated that
power in an office littered with paper and boxes of equipment. Using a
regular desktop computer and Web browser, she logged onto Coplink to
search for clues about a fraud suspect. She entered a name the suspect
used on a bogus check. A second later, a list of real names came up,
along with five incident reports.<br><br>
She told the system to also search data warehouses built by Coplink in
San Diego and Orange County, Calif. -- which have agreements to share
with Tucson -- and came up with the name of a particular suspect, his age
and a possible address. She asked the software to find the suspect's
links to other people and incidents, and then to create a visual chart
displaying the findings. Up popped a display with the suspect at the
center and cartoon-like images of houses, buildings and people arrayed
around him. A final click on one of the houses brought up the address of
an apartment and several new names, leads she could follow.<br><br>
"The power behind what we have discovered, what we can do with
Coplink, is immense," Tucson police Chief Richard Miranda said.
"The kinds of things you saw in the movies then, we're actually
doing now."<br>
Intelligence-Led Policing<br><br>
The expanding police systems illustrate the prominent roles that private
companies play in homeland security and counterterrorism efforts. They
also underscore how the use of new data -- and data surveillance --
technology to fight crime and terrorism is evolving faster than the
public's understanding or the laws intended to check government power and
protect civil liberties, authorities said.<br><br>
Three decades ago, Congress imposed limits on domestic intelligence
activity after revelations that the FBI, Army, local police and others
had misused their authority for years to build troves of personal
dossiers and monitor political activists and other law-abiding
Americans.<br><br>
Since those reforms, police and federal authorities have observed a wall
between law enforcement information-gathering, relating to crimes and
prosecutions, and more open-ended intelligence that relates to national
security and counterterrorism. That wall is fast eroding following the
passage of laws expanding surveillance authorities, the push for
information-sharing networks, and the expectation that local and state
police will play larger roles as national security sentinels.<br><br>
Law enforcement and federal security authorities said these developments,
along with a new willingness by police to share information, hold out the
promise of fulfilling post-Sept. 11, 2001, mandates to connect the dots
and root out signs of threats before attacks can occur.<br><br>
"A guy that's got a flat tire outside a nuclear facility in one
location means nothing," said Thomas E. Bush III, the FBI's
assistant director of the criminal justice information services division.
"Run the guy and he's had a flat tire outside of five nuclear
facilities and you have a clue."<br><br>
In a paper called "Intelligence-Led Policing: The New Intelligence
Architecture," law enforcement authorities working with the Justice
Department said officers " 'on the beat' are an excellent resource
for gathering information on all kinds of potential threats and
vulnerabilities."<br><br>
"Despite the many definitions of 'intelligence' that have been
promulgated over the years, the simplest and clearest of these is
'information plus analysis equals intelligence,' " the paper
said.<br><br>
Efforts by federal authorities to create national networks have had mixed
success.<br><br>
The federal government has long successfully operated programs such as
the Regional Information Sharing System, which enables law enforcement
agencies to communicate, and the National Crime Information Center, an
index of criminal justice information that police across the country can
access. Though successful, those systems offer a relatively limited look
at existing records.<br><br>
A Department of Homeland Security project to expand sharing
substantially, called the Information Network, has been bedeviled by cost
overruns, poor planning and ambivalence on the part of local and state
authorities, according to the Government Accountability Office. Almost
every state has established organizations known as intelligence fusion
centers to collect, analyze and share information about possible leads.
But many of those centers are underfunded and undermanned, and some of
the analysts are not properly trained, the GAO said last year.<br><br>
Federal authorities have high hopes for the N-DEx system, which is to
begin phasing in as early as this month. They envision a time when N-DEx,
developed by Raytheon for $85 million, will enable 200,000 state and
local investigators, as well as federal counterterrorism investigators,
to search across millions of police reports, in some 15,000 state and
local agencies, with a few clicks of a computer mouse. Those reports will
include names of suspects, associates, victims, persons of interest,
witnesses and any other person named in an incident, arrest, booking,
parole or probation report.<br><br>
The system will be accessible to federal law-enforcement agencies, such
as the FBI, and state fusion centers. Intelligence analysts at the
National Counterterrorism Center and FBI's Foreign Terrorist Tracking
Center likely will have access to the system as well.<br><br>
"The goal is to create a one-stop shop for criminal justice
information," the FBI's Bush said.<br><br>
In the meantime, local and state authorities have charged ahead with
their own networks, sometimes called "nodes," and begun
stitching them together through legal agreements and electronic
links.<br><br>
At least 1,550 jurisdictions across the country use Coplink systems,
through some three dozen nodes. That's a huge increase from 2002, when
Coplink was first available commercially.<br><br>
At least 400 other agencies are sharing information and doing link
analysis through the Law Enforcement Information Exchange, or Linx, a
Navy Criminal Investigative Service project built by Northrop Grumman
using commercial technology. Linx users include more than 100 police
forces in the District, Virginia and Maryland.<br><br>
Hundreds of other police agencies across the country are using different
information-sharing systems with varying capabilities. Officials in Ohio
have created a data warehouse containing the police records of nearly 800
jurisdictions, while leaving it to local departments to provide
analytical tools.<br>
Same Data, New Results<br><br>
Authorities are aware that all of this is unsettling to people worried
about privacy and civil liberties. Mark D. Rasch, a former federal
prosecutor who is now a security consultant for FTI Consulting, said that
the mining of police information by intelligence agencies could lead to
improper targeting of U.S. citizens even when they've done nothing
wrong.<br><br>
Some officials avoid using the term intelligence because of those
sensitivities. Others are open about their aim to use information and
technology in new ways.<br><br>
One widely used Coplink product is called Intel Lead. It enables agencies
to enter new information, tips or observations into the data warehouses,
which can then be accessed by people with proper authority. Another
service under development, called "predictor," would use data
and software to make educated guesses about what could happen.<br><br>
"Intel Lead is particularly applicable to the needs of statewide
criminal intelligence and antiterrorism fusion centers as well as federal
agencies who need to bridge the intelligence gap," said a news
release by Knowledge Computing, the company that makes Coplink.<br><br>
Robert Griffin, the chief executive of Knowledge Computing, said Coplink
yields clues and patterns they otherwise would not see. "It's de
facto intelligence that's actionable," Griffin said.<br><br>
Managers of Linx are eager to distinguish their system from the
commercial Coplink and its more extensive capabilities. They acknowledge
their system includes data-analysis capabilities, and it will feed
information to counterterrorism and intelligence authorities. In fact,
the system is designed to serve as a bridge between law enforcement and
intelligence.<br><br>
But they said Linx is not an intelligence system under federal laws,
because it relies on records police have always kept. "It does not
create intelligence," said Michael Dorsey, the Naval Criminal
Investigative Service special agent in charge. "It creates
knowledge."<br><br>
To allay the public's fears, many police agencies segregate information
collected in the process of enforcing the law from intelligence gathered
on gangs, drug dealers and the like. Projects receiving federal funding
must do so.<br><br>
Nearly every state and local jurisdiction has its own guides for these
new systems, rules that include restrictions intended to protect against
police intrusiveness, authorities said. The systems also automatically
keep track of how police use them.<br><br>
N-DEx, too, will have restrictions aimed at preventing the abuse of the
data it gathers. FBI officials said that agencies seeking access to N-DEx
would be vetted, and that only authorized individuals would have access.
Audit trails on whoever touches a piece of data would be kept. And no
investigator would be allowed to take action -- make an arrest, for
instance -- based on another agency's data without first checking with
that agency.<br><br>
But even some advocates of information-sharing technology worry that
without proper oversight and enforceable restrictions the new networks
pose a threat to basic American values by giving police too much power
over information. Timothy Sample, a former intelligence official who runs
the Intelligence and National Security Alliance, is among those who think
computerized information-sharing is critical to national security but
fraught with risks.<br><br>
"As a nation, our laws have not kept up," said Sample, whose
group serves as a professional association of intelligence officials in
the government and intelligence contracting executives in the private
sector.<br><br>
Thomas McNamara, chief of the federal Information Sharing Environment
office, said a top goal of federal officials is persuading regional
systems to adopt most of the federal rules, both for privacy and to build
a sense of confidence among law enforcement authorities who might be
reluctant to share widely because of security concerns.<br><br>
"Part of the challenge is to leverage these cutting-edge tools so we
can securely and appropriately share that information which supports
efforts to protect our communities from future terrorist attacks,"
McNamara said. "Equally important is that we do so in a manner that
fully protects the information privacy and legal rights of all
Americans."<br><br>
Miranda, the Tucson police chief, said there's no overstating the utility
of Coplink for his force. But he too acknowledges that such power raises
new questions about how to keep it in check and ensure that the trust
people place in law enforcement is not misplaced.<br>
"I don't want the people in my community to feel we're behind every
little tree and surveilling them," he said. "If there's any
kind of inkling that we're misusing our power and our technology, that
trust will be destroyed."<br><br>
<br><br>
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