Ranstorp comments, Few academic studies successfully connect the terrorism and intelligence studies fields as it demands mastery of two relatively inaccessible information and analytical domains (Ranstorp, 2007, p. 16). Section 218 of the PATRIOT Act, however, changed the law to clarify that FISA can be used whenever foreign intelligence is a "significant purpose" of a national security investigation, thus. This early work contains strikingly similar issues and arguments that have appeared continuously since. Motley, for example, notes in a separate article (1986, p. 83) that the U.S. intelligence community to date has been severely limited in its ability to penetrate international terrorist organizations.. Also, intelligence methods have been applied in order to disrupt the activities of criminal organizations that are involved in drugs, arms or people trafficking. Tromblay, Darren. Russel, R. L. (2007). (Similar typologies are provided in Parker & Stern [2005], and Copeland [2007].) Charters (1991) urged that policy makers and the public should be educated on the possibilities as well as the limits of intelligence against terrorism. 2001. These thinkers, in what has been termed the orthodox school, are the intellectual heirs of earlier literature that examined the reasons why conventional military surprise attacks almost always succeed (e.g., Wohlstetter, 1962; Handel, 1977; Betts, 1978; for discussion of the orthodox school, see Honig, 2008). Thinkers in the reformist school do not argue that the necessary changes will be as easy as simply changing the line-and-block organizational diagrams of intelligence communities and individual intelligence agencies. The intelligence systems and techniques developed during the Cold War are seen as inappropriate for countering terrorists. Former CIA officer Gerecht (2004, p. 1) describes the principal problem as the failure of the CIA to develop a clandestine service with a methodology and officers capable of penetrating the Islamic holy-warrior organizations in Europe, the Middle East, and elsewhere. In the words of Robert Baer, also a former CIA officer (2005, p. 66), Not to be too blunt about it, but if the DO had a source close to Osama bin Laden, 9/11 would not have happened.. The Department of Justice and the FBI have a proven track record and tradition of respecting civil rights and individual liberty. James Berry Motley (1987) wrote, [i]t is human intelligence clandestine agents, informers that is the key to coping with terrorism (p. 169; see also Ofri, 1984; Sulc, 1987). But in general, the literature on intelligence and terrorism is more useful for understanding the limitations of intelligence in preventing terrorist attacks than in proposing ways to improve that performance. London: Franks Cass. Lowenthal, M. M. (2002). Moreover, the department, since September 11th, has investigated over 500 cases of violence or threats against individuals perceived to be of Middle Eastern origin and obtained 17 convictions to date. bandwidth bills to ensure we keep our existing titles free to view. Thus, we will now begin our third part that will examine the role played by intelligence in influencing state activities. People gathering information will, in all probability, have left traces on the internet during previous activities. In the words of The Economist (2003, p. 30): There were too few useful dots. The critical problem leading to a lack of intelligence collection on the threat was the failure of the U.S. intelligence communityand particularly the CIAto place enough emphasis on developing human intelligence sources on al-Qaeda and other terrorist groups. Secrecy is important not just as barrier to surveillance it permeates aspects of the process itself. Congress. Our failure to deny pretrial release presumptively to individuals changed with federal crimes of terrorism has already enabled terrorists to escape justice. The CIA critics school argues there was not enough intelligence to have anticipated and prevented the attacks. Washington DC: CQ Press. Multiple courts have held that key terms in the statutes definition of material support are unconstitutionally vague. Although terrorism is not the only important mission for intelligence services in the 21st century, it is widely considered to be the top priority for Western intelligence services. Section 218 of the PATRIOT Act has already produced important dividends in the war against terrorism. [1] Fischbach, Jono. Exceptions include Le Gallo (2005) on covert action, and Wannall (2002), Danis (2007), Shultz and Beitler (2004), and Mobley (2012) on counterintelligence. This article focuses primarily on how intelligence scholars and practitioners have viewed the challenges terrorism presents for intelligence organizations, and on how those experts believe intelligence agencies can best respond to the challenge. Having briefly covered the concept of intelligence and questioned its applicability nowadays in parts one and two, as well as analysed its role towards states policies, it is safe to say that the need for information is a common feature among individuals, groups, organizations, states and societies. Before the enactment of the PATRIOT Act, courts had ruled that surveillance under FISA could be utilized only when foreign intelligence was the primary purpose of a national security investigation. The most prominent school of thought concerning terrorism and intelligence is also the most pessimistic. This job, he predicts, will be largely one for the military special forces community, with intelligence services such as the CIA relegated to a supporting role. Intelligence in War: Knowledge of the Enemy from Napoleon to Al-Qaeda. Our world is always changing, with new techniques, new materials, and new protocols to enhance the way things operate and function. Using publicly available information and original market research is a crucial first step, but it's important to keep detailed records of where the information was found. Marrin has called for such work, but he notes that research on intelligence success is likely to be difficult, because the information needed is probably classified: while such a study of successes may be promising, it would also be very difficult to accomplish from outside the intelligence community (Marrin, 2004, p. 661). Many in this group argue that America and the world are facing a new type of warfare; Bruce Berkowitz, for example, writes that the 9/11 attacks were an act of military geniusand may well foreshadow the next era of warfare (Berkowitz, 2002a, pp. Several former CIA operations officers have also written about the difficulty terrorism poses for American human intelligence operatives. As their name suggests, they often deliver various services to the government and increasingly this involves active efforts to shape the world as well as merely reporting about it (Lowenthal, 2002, p. 8). The intelligence acquired guides the police forces' strategic and operational objectives, and priorities so that they may efficiently suppress crime and other security threats. On August 6, 2001, in fact, this frustration led me to write a memorandum to officials in the FBI as well as the Department of Justices Criminal Division and Office of Intelligence Policy and Review. Others take a micro view, that the attacks were the result of individual incompetence or bad decisions (e.g., Anonymous [Scheuer], 2004; Clarke, 2004). This school of thought, which may be called the intelligence reformist school, is expressed most prominently in the 9/11 Commission Report (National Commission on Terrorist Attacks upon the United States, 2004) and in the work of scholars such as Amy Zegart (e.g., Zegart, 2007a, 2007c). Although a full discussion of this topic is beyond the scope of this essay, the literature in this area has expanded considerably since the revelations by Edward Snowden of the National Security Agency intelligence collections programs. members of the intelligence community must be constrained by checks and balances, respect for fundamental constitutional rights, and the rule of law. 1, 2012. Market intelligence is used to learn about the existing market, customers, problems, competition, and growth potential. According to reformists, American intelligence agencies prior to 9/11 had been too focused on the tactical level and did not produce enough broad, long-range, strategic-level intelligence assessments on the threat from bin Laden and al-Qaeda. Frederick P. Hitz (2005) writes that recruiting agents (spies) is harder today than it used to be: In the war on terrorism, the spies will surely be harder to get at than during the Cold War. In particular, section 218 of the PATRIOT Act allows information obtained by intelligence officials pursuant to the Foreign Intelligence Surveillance Act (FISA) to be shared more readily with law enforcement officials. Vol. Nonetheless, the attacks on 9/11 have been widely seen as an intelligence failure unmatched by any in American history since Pearl Harbor. Keegan, J. 25 Mar 2016. Intelligence is the product resulting from the collection, collation, evaluation, analysis, integration, and interpretation of collected information. Yes, intelligence services need to be good stewards of the taxpayers money, but they must receive what they need. Because it approaches the subject from an intelligence studies perspective, it does not attempt to review the broader literature on terrorism and counterterrorism. Several authors view human intelligence (HUMINT) as the most important factor in countering terrorism. 1997. I am pleased to have the opportunity to share with you my thoughts on some of the important issues under study by this commission. Additionally, there are discussions as to the possibility of organizing intelligence at a transnational level. He argues that greater attention should be paid to the need for U.S. intelligence agencies to establish cooperative international relationships, especially bilateral agreements that may take advantage of another countrys comparative intelligence advantage in a particular geographic region or against a certain target. Because the reasons for failure today are largely the same as in the past, orthodox scholars argue that there seems little reason to believe that the current generation of intelligence officials will be more successful in avoiding surprise than their predecessors were at avoiding surprise attacks such as Pearl Harbor. As a result, in order to safeguard the departments ability to prosecute effectively those who assist terrorists, the material support statute should be amended to remove any possible doubts about its constitutionality or the scope of its coverage. In a military, business or security context, intelligence is information that provides an organization with decision support and possibly a strategic advantage. Paul Pillar, for example, argues that the U.S. intelligence community has been working hard on the problem of international terrorism since at least 1986, when the CIAs Counterterrorist Center was established. It also seeks to guide the decisions on operational work done by the police, and the rational allocation of human, material, and technical resources. Look at the wider picture to find out what else is going on in your customers' lives. This is why it is critical not only that intelligence on terrorist activities is collected but also that this information is shared with other components of the federal government that possess similar information and leads to preventive action that protects American lives. No, for those kinds of issues, intelligence, and in particular the collection of information that our adversaries dont want us to know, is an absolutely necessity for senior leaders. Gathering information is the most important part of the critical thinking process. Global Intelligence: The Worlds Secret Services Today. After tearing down the metaphorical wall preventing the sharing of information between intelligence officials and law enforcement officials, it would be a serious mistake to construct new organizational walls between intelligence and law enforcement officials. Using intelligence skills to target criminals ethically and proportionately A role where it's important to keep on top of your continuing professional development and learn from research and analysis colleagues Published 5 November 2020 Case study How an accountant's skills helped her move into intelligence policing Walsh, Patrick F.; Miller, Seumans. Today is the golden age of intelligence. Numerous scholars, including Carter, Chermak, Carter, and Drew (2014) have found that human intelligence employed by law enforcement is particularly important in combatting terrorism at the domestic level. It is now obvious that the task to define intelligence and its importance is not an easy one; therefore, the final notion will be presented at the end of this essay. Several authors have noted that because terrorism today is an increasingly international threat, counterterrorism efforts must be international as well. Abstract. It does not, however, include so-called lone wolf international terrorists. First, as a process, of collecting, analysing and delivering to the consumers such as policy makers or operational commanders. Some reformists focus on improving the systems, networks, and procedures used to process and analyze information within the intelligence community (Kamarck, 2005). Dahl, E. J. Firstly, it will shed light upon the controversial concept of intelligence distinguishing it from simple information and bogus spy stories. Permanent Select Committee on Intelligence, A RAND Analysis Tool for Intelligence, Surveillance, and Reconnaissance, Imagery/Geospatial Intelligence (IMINT/GEOINT), Measurement and Signature Intelligence (MASINT), FBI-- Intelligence Collection Disciplines (INTs), Challenges of Multi-Source Data and Information New Era, Framework for Optimizing Intelligence Collection Requirements, Intelligence Collection versus Investigation, Multiple Intelligence Disciplines Form a Clearer Picture, The Protect America Act of 2007: A Framework for Improving Intelligence Collection in the War on Terror, Rethinking Five Eyes Security Intelligence Collection Policies and Practice Post Snowden, A Review of Security and Privacy Concerns in Digital Intelligence Collection, The Role of Information in Identifying, Investing, and Monitoring Crises. And finally, the attorney general directed every U.S. attorney to develop a plan to monitor terrorism and intelligence investigations, and to ensure that information about terrorist threats was shared with other agencies and criminal charges were considered. Darack, Ed. Our judgements about the scale of various threats and how . Unlike the other INTs, open-source intelligence is not the responsibility of any one agency, but instead is collected by the entire U.S. Intelligence Community. Among the few works that do discuss intelligence successes are Betts (2002, 2007), Irons (2008), and Dahl (2013). cognition cannot be altered by legislation (Betts, 1978, p. 83). (2003). Jennifer Sims (2007b) challenges the notion that traditional human intelligence is of little use against terrorist targets. Everyone has instant access to it, and it goes beyond language and physical borders. Any To What Extent Is Great Power Competition A Threat to Global Security? The third section reviews how scholars and policy experts have answered what some consider to be the most important questions in this literature: Why have intelligence agencies failed to prevent 9/11 and other major terrorist attacks, and what must be done to improve their ability to prevent future attacks? London: Routledge. An additional variable at the centre of security intelligence is secrecy, since: Without secrets it is not intelligence (Warner, 2009, p. 9). Date written: May 2013, All content on the website (with the exception of images) is published under the following Creative Commons License, Copyright E-International Relations. To me, there are three implications of the importance of intelligence. Review of the Air Force Academy. While individuals made mistakes, organizational deficiencies were the root cause of 11 September (Zegart, 2007b, p. 43). Its time to add intelligence to that discussion. Other reformists believe that the intelligence community needs to be less centralized, adopting structures more akin to networks, with flatter hierarchies. Reforming the Authorizations for Use of Military Force, Legal Regimes Governing Cyberactivity and Cyberwarfare. In this memorandum, I noted that the Attorney Generals Procedures for Contacts Between the FBI and the Criminal Division Concerning Foreign Intelligence and Foreign Counterintelligence Investigations required the FBI to notify the criminal division when facts or circumstances are developed in a foreign intelligence or counterintelligence investigation that reasonably indicate that a significant federal crime has been, is being, or may be committed. I further instructed that the FBI was required to notify the criminal division of this important information without delay. Odom, W. E. (2008). Intelligence: From Secrets to Policy. See Humanitarian Law Project v. United States Department of Justice, No. Intelligence allows leaders to evaluate others' opinions and hypothetically place them into the plan . A big part of my job as deputy director of the CIA was to build those relationships. With the advent and development of technology, this changed. 2, 2018. London: Hutchinson. However, secrecy also raises key issues of legality, morality and accountability. Intelligence Gathering is performing reconnaissance against a target to gather as much information as possible to be utilized when penetrating the target during the vulnerability assessment and exploitation phases. PIJ is alleged to be one of the worlds most violent terrorist outfits, responsible for murdering over 100 innocent people, including Alisa Flatow, a young American killed in a bus bombing near the Israeli settlement of Kfar Darom. One advantage of OSINT is its accessibility, although the sheer amount of available information can make it difficult to know what is of value. The more information you are able to gather during this phase, the more vectors of attack you may be able to use in the future. Intelligence agencies not only engage in rather passive activity of gathering intelligence on world affairs, but also try to intervene covertly to influence events. Fritz Ermarth notes (2002) that [g]athering intelligence on terrorists is a far more difficult task than assessing whether a strategic rival is planning a massive military attack on the United States. Intelligence is all about finding. (2003). Written at: Loughborough University Derek S. Reveron (2006) points out that, in the United States since 9/11, most of the discussion about intelligence sharing has focused inwardon improving information sharing within the U.S. intelligence community. A few writers, including Hulnick, Khalsa (2004), and Sinai (2007), have examined the question of developing indications and warning (I&W) systems for forecasting terrorist attacks, and more work here could potentially be of great value. During the Cold War, U.S. intelligence was charged with finding answers to puzzles such as determining how many missiles were in the Soviet inventory. Several articles note that the effort to gather intelligence on terrorist groups presents particular difficulties for democracies. Threat intelligence is a part of a bigger security intelligence strategy. Dec. 3, 2003). In fiscal year 2010, ending 30 September 2011, the US IC received $80.1 billion in funding. Congress should take the following actions to strengthen intelligence oversight. Thinkers in the CIA critics school often advocate greater use of covert operations and preemptive military force against terrorist targets, but the major recommendation from this school is for increased emphasis on human intelligence. The old legal rules therefore discouraged coordination and created what the Foreign Intelligence Surveillance Court of Review called perverse organizational incentives. In re Sealed Case, 310 F.3d 717, 743 (FISCR 2002). Most observers of the American intelligence community agree that some sort of change is needed if intelligence agencies are to cope satisfactorily with the threat of terrorism. The U.S. attorneys Office for the Southern District of New York, for example, had accumulated extensive intelligence during its investigation and prosecution of numerous significant terrorism cases, such as the 1993 attack on the World Trade Center and the 2000 attack on the U.S.S. 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