The foiling of the
London terror plot to bomb a dozen transatlantic flights
simultaneously reminds us that law enforcement has a critical role
to play in combating terrorism. In the United States, however, too
much emphasis has been placed on preparing to respond to terrorist
acts and not enough on enhancing the ability of law enforcement to
uncover and disrupt attacks on U.S. citizens. Congress has
neglected to establish a strong legal authority for information
sharing and data mining among law enforcement agencies. These tools
would help thwart homegrown terrorist strikes such as those planned
by the London cell.
Shortfalls in
Counterterrorism Tools
Enhanced
information analysis capabilities are critical for counterterrorism
operations. Yet, the furor over the Pentagon's Total Information
Awareness (TIA) initiative, which would have examined the
application of data mining and other information technologies to
fighting terror, has had a chilling effect on the willingness of
law enforcement agencies to adopt these tools. For example, the
Transportation Security Agency's (TSA) CAPPS II and Secure Flight
programs, which would have screened domestic air flight manifests
for suspected terrorists, have been hamstrung by a stream of
complaints from civil liberties groups.
The failure of law
enforcement to exploit data mining and similar technologies fully
should be a serious concern. Often, the challenge in investigations
is making sense of the information available. The right data
analysis tools can assist an investigator by allowing for more
effective and efficient searches of government databases;
displaying links among various pieces of information; and applying
algorithms to selected data to find patterns. Data analysis helps
investigators sort through the deluge of information and organize
what is relevant into a complete picture.
These technologies
are mature and already available. There are legitimate concerns
about data protection, individual privacy, and civil liberties, and
there are also worries about the accuracy of the data in the
databases that these systems use. Congress can address these
concerns.
What Congress Should
Do
Congress should
promote the adoption of these neglected law enforcement tools. It
should establish federal guidelines for the use of these
technologies as a way to allay civil liberties concerns. States and
localities should be encouraged to establish regional systems to
share information and data analysis capabilities. Congress should
also authorize and allocate funds to allow federal agencies to pay
for the services used in support of federal counterterrorism
investigations that are approved by the relevant Joint Terrorism
Task Force (JTTF) or similar federally sponsored programs.
James
Jay Carafano, Ph.D., is Senior Research Fellow for National
Security and Homeland Security in the Douglas and Sarah Allison
Center for Foreign Policy Studies, a division of the Kathryn and
Shelby Cullom Davis Institute for International Studies, at The
Heritage Foundation.