ODNI Information Sharing Environment

Director of National Intelligence John D. Negroponte submits ISE Implementation Plan to Congress Director of National Intelligence John D. Negroponte submitted to Congress on November 16, 2006 the Implementation Plan Report for the Information Sharing Environment (ISE).

"The ISE and this Implementation Plan Report are critical to ensuring that those responsible for protecting our nation from future terrorist attacks have the information they need to effectively carry out their mission," said John D. Negroponte, Director of National Intelligence.

"This Report provides a roadmap for the successful implementation of the ISE, and responds to the recommendations of the 9/11 Commission," said Ambassador Thomas McNamara, Program Manager for the Information Sharing Environment. "It builds on the progress of the past five years to further improve the way in which we share information and fight terrorism."

MOU: IC, Federal LEA, and DHS concerning Information Sharing

Memorandum of Understanding Between the Intelligence Community, Federal Law Enforcement Agencies, and the Department of Homeland Security Concerning Information Sharing - 4 MArch 2003

Joint Publication 3-26 Homeland Security

National Money Laundering Strategy

Financial Anti-Terrorism Act of 2001

The Financial Anti-Terrorism Act of 2001 gave increased ability to control and monitor financial criminals and the ability to sentence them. The Financial Anti-Terrorism Act allowed:
  • Criminals punishment for those engaged in illegal money practices
  • Provides procedural guidelines for Federal subpoenas for records of funds in correspondent bank accounts
  • Provides Federal jurisdiction over foreign money launderers and over money laundered through a foreign bank

The Financial Anti-Terrorism Act was combined with the USA Act (Public Law 107-56, an expansion of the Foreign Intelligence Surveillance Act of 1978) to form the USA PATRIOT Act of 2001.

USA PATRIOT Act of 2001

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

Foreign Intelligence Surveillance Act of 1978

FISA is codified in 50 USC §§1801-1811, 1821-29, 1841-46, and 1861-62. The subchapters of FISA provide for:
  • Electronic Surveillance
  • Physical Searches
  • Pen Registers and Trap & Trace Devices for Foreign Intelligence Purposes
  • Access to certain Business Records for Foreign Intelligence Purposes

Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, expanded FISA to permit targeting of so-called "lone wolf" terrorists without requiring any showing that they are members of a terrorist group or agents of such a group or of any other foreign power.

Marking Classified National Security Information -Booklet

Posse Commitatus Act 18 U.S.C. § 1385

Sec. 1385. - Use of Army and Air Force as posse comitatus

"Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both".

This federal statute places strict limits on the use of military personnel for law enforcement. Enacted in 1878, the PCA prohibits the willful use of the US Army (and later, the US Air Force for law enforcement duties, except as authorized by the President, Congress or the US Constitution, or in certain emergency situations. Although the PCA, by its terms, refers only to the Army and Air Force, DOD policy extends the prohibitions of the Act to US Navy and Marine Corps forces, as well.

Specifically prohibited activities include: interdiction of a vehicle, vessel, aircraft, or similar activity; search and/or seizure; arrest, apprehension, “stop-andfrisk” detentions, and similar activities; and use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. DODD 5525.5, DOD Cooperation with Civilian Law Enforcement Officials, sets forth several forms of assistance civilian authorities, which are allowed under the PCA. Exceptions to PCA include:

  • National Guard forces while under the authority of the governor of a state or Title 32;
  • Federal troops acting pursuant to the presidential power Federal authority to quell domestic violence (Ex. 1992 Los Angeles riots);
  • Troops used under the order of the President of the United States pursuant to the Insurrection Act;
  • Aerial photographic and visual search and surveillance by military;
  • Congressionally created “drug exception.”;
  • The USCG when operating under Title 14 authority;
  • Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.

Intelligence Oversight

MI messed up back in the 1960s and 1970s. Congress noticed something amiss in the early 1970s. It was determined that the information DoD collected and shared with law enforcement agencies had produced a chilling effect on those who were legally working for political change. DoD imposed severe restrictions on future surveillance of U.S. Persons. DoD implements EO 12333 through DoD Directive 5240.1, and DoD 5240.1-R

Executive Order 12333
DoD Directive 5240.1
DoD Directive 5240.1-R

The Sling and the Stone: On War in the 21st Century

"Colonel Hammes cuts to the quick in defining the conundrum of dealing with twenty-first century warfare, the competing concepts of its nature and its management. His is a controversial analysis which is bound to raise the hackles of today's techno warriors." -Bernard Trainor, Lieutenant General, USMC (Ret.), NBC News military analyst, co-author of The Generals

"Based in history and current events, Hammes explains the nasty, long-term, broad-spectrum wars we have fought and will continue to fight. It stands in sharp contrast to the short, high-tech, clean war the defense department is planning for. He focuses on how to win the war rather than just winning battles. Understanding the type of war you are fighting is the first step to winning. This book will help you understand." -General Anthony Zinni, USMC (Ret.), former CENTCOM commander

How David Beat Goliath: When underdogs break the rules by Malcolm Gladwell