Surveillance After 9/11

Introduction

Following the attacks on September 11th of 2001, surveillance initiatives and technologies in the United States increased notably in attempts to combat terrorism. Suspicions of foreigners and combative foreign policy characterized this time period.

History of Surveillance in the United States

Olmstead v. United States (1928)

The Court ruled that neither the Fourth nor Fifth Amendment rights were violated by the wiretaps attached by law enforcement to the phone lines of prohibition conspirators, as there was no physical trespass.

Katz v. United States (1967)

The court ruled that wiretapping public phonebooths was, in fact, constitutional. This overturned Olmstead v. United States.

File:Https://www.mtsu.edu/first-amendment/article/1153/surveillance-and-wiretapping

COINTELPRO

COINTELPRO, or “Counter Intelligence Program” was an FBI surveillant initiative to hamper significant social movements in the 1960s. Though it started to stop the spread of communism, it eventually turned into an attempt to expose and neutralize the activities of “Black Nationalists”. The Counter Intelligence Program’s agenda led to the assassination of Malcolm X and other notable leaders of the Black Panther Party.

Surveillance of Japanese Americans During World War II

Since 1917, the FBI had been monitoring Japanese plantation labor organizers in Hawai’i, especially after witnessing their support for Black Nationalist groups, hoping to quell Asian-Black radical solidarity. Following the Japanese attack on Pearl Harbor, the FBI and other federal agencies. As war with Japan came closer, President Roosevelt created a task force to place Japanese Hawaiians with any connection to Japanese sailors on a special list of people to be placed in a concentration camp in the event of trouble. Over 127,000 Japanese-Americans were placed in internment camps as a result of surveillance and anti-Asian hysteria.

Surveillance Post 9/11

Transportation Security Administration

The Transportation Security Administration, more widely known as TSA, was established on November 19th, 2001 by the Aviation and Transportation Security Act. The Aviation and Transportation Security Act required “screening conducted by federal officials, 100 percent checked baggage screening, expansion of the Federal Air Marshal Service, and reinforced cockpit doors.” (https://www.tsa.gov/timeline). By 2002, the TSA had installed explosive detection systems nationwide. In 2003, the TSA began training flight staff to carry and use firearms.

The USA PATRIOT ACT

“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” or the USA PATRIOT Act was passed on October 26th, 2001 by President George W. Bush. It allowed U.S. law enforcement to have greater access and freedom to use surveillance and wiretapping of American citizens to uncover crimes related to terrorism. In addition, the USA PATRIOT Act pushed for harsher punishments for convicted terrorists and prohibited non-US citizens involved in terrorist activities from entering the United States of America. Lastly, law enforcement and federal agents were provided easier access to bank records and business financial statements to track terrorism-related money laundering and illegal financial activity. The Patriot Act raised speculation and controversy, as many felt it infringed on Americans’ right to privacy and First Amendment rights.

Under the USA PATRIOT Act, National Security Letters (NSLs) are issued by FBI agents, without a judge's approval, to obtain personal information, including phone records, computer records, credit history, and banking history. Between 2003 and 2006, the FBI issued 192,499 NSLs, but only resulted in one terror-related conviction.

Terrorist Screening Center

The Terrorist Screening Center, also known as TSC, is a division of the FBI founded in 2003 as a response to the September 11 Attacks. It is located in Vienna, Virginia, and aims to keep track of potential terrorists or suspects. The TSC created a database titled The Terrorist Watchlist, a consolidated directory of information on individuals who may be suspected of being involved in terrorist activity. Examples of information in the watchlist include names, dates of birth, and fingerprints. The No Fly List is a subset of the Terrorist Watchlist; individuals on the No Fly List are not allowed to board an aircraft when flying in and out of the United States.

USA Freedom Act of 2015

The USA Freedom Act of 2015 solidified that the United States government would no longer collect telephone metadata records, as written under the USA Patriot Act. Instead, call detail records would be held by telecommunications service providers.

Biometrics and Identification Post 9/11

Biometric Identifiers

In 2004, the 9/11 Commission report recommended that it was essential to the security of the United States to fund a “biometric entry-exit screening system”. The commission noted that terrorists use false identities to travel under the watchlist, and therefore biometric identifiers should be used to prevent this.

Integrated Automated Fingerprint Identification System

The Integrated Automated Fingerprint Identification System, also known as IAFIS, is the largest biometric database in the world, with over 70 million sets of fingerprints. This computerized database is connected to all 50 states and is maintained by the Federal Bureau of Investigation (FBI). The IAFIS provides automated fingerprint searches and criminal histories.

National Security Entry-Exit Registration System (NSEERS)

The National Security Entry-Exist Registration System, also known as NSEERS, was founded in 2002 following the 9/11 attacks. NSEERS requires foreign nationals to be photographed and fingerprinted if traveling under nonimmigrant visas.

Visa Waiver Program and Biometric Passports

In order to remain eligible for the Visa Waiver Program, countries were required to issue passports to their citizens that included biometric identifiers. In 2005, the passports included a microchip that contained facial geometry characteristics.