Saturday, December 13, 2014

“If Liberty means anything at all, it means the right to tell people what they do not want to hear.”


   George Orwell once wrote, “If Liberty means anything at all, it means the right to tell people what they do not want to hear.” In our considerations of homeland security, it is important to understand the goals of terrorists that rest in creating government over-reaction, draining the American people’s economic resources and provoking government responses that are perceived by the populace as oppressive, undermining support for the targeted regime. For purposes of this paper, I will attempt to answer the prompt from the perspective of Homeland Security’s Privacy Office and office of Civil Rights and Liberties. By showing more care and concern for these offices the Department of Homeland Security can improve its ability to achieve its five missions and improve its prioritization. Congress has set clear goals for the Department of Homeland Security and in the face of a challenging and complex operational environment has made strides in achieving them; however, there is need to improve and expand upon priorities for focus, that take into account a changing situational context.

    According to the Rand Corporation and Henry H. Willis, Congress has provided the Department of Homeland Security with “a set of five missions to meet the evolving challenges faced by our country, including preventing terrorism and enhancing security, securing and managing borders, enforcing and administering immigration laws, safeguarding and securing cyberspace and ensuring resilience to disasters.” The primary mission as it relates to preventing terrorism revolves around our ability to secure nuclear sights and other highly explosive materials such as large natural gas or oil refinery sights, dangerous chemicals and biological weapons. While there is still need for Homeland Security, NSA and the FBI to monitor for potential terrorist networks working within our country, a potential terrorist without WMDs, is not nearly as dangerous and the risks can be managed through traditional local and county law enforcement, and so by focusing on increasing security around locations possessing these items the risk of terrorist networks can be substantially reduced without having to ferment a more invasive surveillance state, expansive role for the federal government that causes other psychological consequences for the public, that work against our interests of preventing terrorism, insurrection or broader disruptive protests. While managing nuclear sites that hold materials usable in dirty bombs is an obvious priority, the safeguards are more developed and obvious, but often overlooked risks live in expanding oil and natural gas. Oil and Natural Gas are highly explosive items, even the explosion of trucks transporting such substances can become a terrifying, news grabbing event, that make them optimal targets for terrorists. Increasing systematic visits by homeland security to natural gas and oil refineries is important, as is the improved provision of resources, technological and personnel, to such sights physical security. As Faddiss writes about a local gas companies “LnG storage tank, capable of holding 1 billion cubic feet of liquefied natural gas” in “Willful Neglect,” it is a “massive, thermal bomb on our nation’s doorstep.” Nearly every municipality has a gas company and while most contract to bigger companies that have every incentive to provide the necessary security measures to protect against the damages of lawsuits in the event of a disaster, it is an area where clearer regulatory laws and systematic location visits by homeland security can be of high value. Broader challenges rest in securing such explosive materials in transport, a diesel truck with two beds of explosive natural gas is an enticing target for a terrorist and with so much in distribution, it is impossible for our Agency with limited resources to be able to realistically protect such. As a result larger plants closer to metropolitan areas need to be the priority, with more pressure on private companies and corporations controlling these plants to make the appropriate investments in security. 
  
         Programs providing government guaranteed loans can help free the economic resources to make these investments. There is a need for such DHS programs then, to coordinate with the major banks to incentivize such investments. The same is so for locations handling potentially dangerous, common chemicals such as chlorine. The Area where I believe there is the deepest need for concern, rests around the security of biological organisms used by scientists in the medical community that in the wrong hands can be used for purposes of harm. The influenza for example, despite a low fatality rate, caused more than 50 million deaths in 1918 and to provide effective flu shots to control the risk of such a highly transmittable illness, medical laboratories have to anticipate how strains are going to evolve in an effort to stay ahead. Viruses and bacterias, basic communicable illnesses are among the most dangerous killers and as a result a massive industry and sprawling network of laboratories cross cutting the private sector, hospitals, medical supplies and research labs across campuses exist. There is often a high financial incentive for diseases to be leaked into the public, if you are a lab with the cure and in need of money. Saudi Arabia invests big money in such labs across California’s university system and students on visas radicalized by the internet or in cooperation with terrorist cells could potentially access these sights without much actual technological or database security measures. The threat, however, is not necessarily Muslim, some the world’s most dangerous substances are held in labs around the world, outside the United States and larger beyond our control. Increasing awareness helps, technological means of monitoring dangerous substances to augment protocol and procedure can help, but the risk is real and our security is illusionary, entirely reliant on white blood cells and the development of antibodies.

       While the United States of America’s border security is significantly stronger than most countries, there is an ongoing need to improve detection capabilities, to monitor for corruption and intimidation by the cartels and with DHS agents. Human, Drug and Weapons smuggling are huge obstacles to security, but often, prohibitions and efforts at law enforcement create larger financial incentives and rackets that lead to escalations and increases in sophistication and danger of operations on both side of the equation. Speaking with a leading CIA agent from South America, the United States of America has done a lot towards the supply side of drugs, but it does not do nearly enough as it relates to demand. If demand is consistent and our foreign policing policies are geared towards complicating and reducing supply, than prices will increase bringing additional threats to our homeland as social costs spiral as thefts, home invasions and other short term criminal profit seeking are exacerbated. Decriminalizing drug usage, regulating supply, increasing funding for medical treatment and drug prevention by effective educational programs and public service announcements will dramatically undercut financial sources for organized criminal groups and terrorists, significantly reducing the risks of cross border trade and dramatically improve our overall security by undercutting popular frustration with government and the law according to federal statutes, and often at odds with local policy and state law. Such shifts in policy will help lower incarceration costs, reduce the prison population and provide value for border patrol and homeland security, by taking less of a war footing and instead helping guide individuals with drug or mental health problems to the appropriate sources for support and medical care the security situation around the border can begin to normalize and calm. There is obviously a need for more resources at the border and a more diverse personnel set, capable of providing for the human rights of refugees, asylum seekers and others in the immigration process. With limited resources, the US has to prioritize the laws it chooses to enforce and while preventing the inflow of dangerous terrorists and criminals is an obvious concern, hard-working individuals who share our Abrahamic Judeao-Christian-Muslim values, looking for the opportunity to have a better life and contribute to society is an entirely different matter, particularly when close family members already have legal status and are in a position to relieve dependence on state resources and the assimilation process. Conservatives have to recognize that many immigrants, share our values of hard-work and the importance of family and fight against racist rhetoric, policies and laws that harm the interests of our country, our economy and our citizen’s right to be with family.

           As it relates to enforcing and administering Immigration laws, it is in the interests of law and order, that immigrants have the opportunity for hearings, to examine if they meet legal requirements for asylum or refugee status. It is the interests of Justice that there is reasonable representation by and for both sides of a case and an impartial judge to hear the case. There is also a need for humanitarian treatment and reasonable holding conditions when individuals are awaiting for such hearings. There is a need for adequate facilities and personnel to provide care for children, health issues and dietary needs. Transportation needs to be adequate, and at times coordinated with Governing authorities on the receiving end with improved spending on programs with experts in acclamation and integration into self-sustaining economic niches and job roles. There is a need to enforce laws, but there is also a need to improve laws and create polices that balance administrative feasibility with informed discretion on the part of agents and authorities.

          Safeguarding and securing cyber-space is a task that Homeland Security is not really properly equipped to handle and private sector innovations are often better, more adaptive and capable of providing for the needs of cyber users. Facilitating the development and awareness of such products is the appropriate role for Homeland Security, while improving technical capabilities to defend against those more dangerous cyber-attacks. Protecting vital cyber-infrastructure is important and believe there is need for improvements in the quality and form of information being routed amongst government employs. There is also; however, a need to protect our union and our citizens from libel and slander, there is generally a legal right for everyone to have the opportunity to answer to any administrative allegations for accuracy and context, to avoid ongoing discrimination damaging to the corrections process there needs to be improved measures surrounding the storage of information, particularly relating to matters that have not been proven in a court of law, Suspicious Activity Reports for example, are vestiges of Eastern Germany and China, but am not sure that such is appropriate for the United States of America when there are not warrants, they target first amendment protected activities, and often result from personnel or racial biases, ideological differences or retaliatory efforts. The interests of preserving liberty and expectations of free-state by constituents, tax payers and the voting public require an open internet and net-neutrality, with improved means for reasonable enforcement of common law and torts. Many of America’s State constitutions define them as “Common Law States” and as a Result the federal government needs to create policies that conform to the rules of law in the states they operate. It is important to understand that in common law, legislation is secondary to legal precedents set by superior courts. Balance of power is an underwriting principal to our Republic’s functionality, and unfortunately it seems that ongoing deployment to war zones has caused a war footing to be brought home in an inappropriate way that has exacerbated tensions domestically, endangering our homeland security. There needs to be more attention to psychological issues relating to our military personnel and means of turning on and off their training to help ease transition to civilian and office environments.

      Overall, the Department of Homeland Security has done an exceptional job in providing for security in the face of an overwhelming array of threats and security risks, and balancing them with civil liberty and concerns over privacy. The reality is that there have been relatively few terrorist attacks and the Department of Justice has done an exceptional job at shifting us away from the war on terror and its slippery slope and back towards traditional contexts of law enforcement, being authentic in efforts to address breaches of law by the NSA and CIA and make the appropriate corrections to preserve the free nature of Western Societies and protection of democratic liberties. Domestically, it seems our biggest risks have stemmed from “active shooter” scenarios and instances where otherwise decent people have simply snapped and gone what in the pre- 9/11 era we would have called, “going postal.” US citizens will always have frustrations with “the Man” and the calming presence of loved ones and better policies relating to down-time can help. From experience, working in a Master’s in Homeland Security Program, the feeling that we are always working and our work always needs to be brought home with us, compounds the stress of the situation and severely affects performance. I’m sure this true for the many, particularly those in our program, and more needs to be invested in stress management and the promotion of a healthier work life balance, and adequate compensatory and benefits package for all citizens and lawful residents. Overall, I would give 10/10 on the Intelligence Communities ability to protect the home front and achieve the congressionally defined goals. Multi-culturalism is an important strength for California, and the natural order of things and the common sense of our citizenry has made the jobs of homeland security easier than ever.

       Looking to the future, I believe that homeland security’s role and focus needs to improve beyond basic border security. With increasing concerns over police brutality the Department of Homeland Securities subordinate departments have a responsibility to improve training relating policing practice. There is an obvious need to train and create police forces that are demographically more similar to the communities they police, have an understanding of cultural norms and an open mind towards differing lifestyles. Post 9/11 the heavy investment in technologies combined with experience in counter insurgencies oversees has resulted in poor decision making domestically. Allowing for peaceful assembly and protest, providing locations for demonstrations and providing for food and entertainment can prevent the need for more violent confrontations that gradually erode support for the government, the police and our department. There needs to be an improved look at soft power policing strategies, such as providing police officers with alternatives to tickets, such as food and medical treatment vouchers, doing such would retrain the role of police officers in the community. If someone is starving and police officers are someone who in addition to giving tickets also has the ability to hand out a meal ticket, if someone is seriously ill but lacks the ability to pay co-pays to get the medical care they need and sheriffs can hand out redeemable vouchers to offset the costs to emergency room visits, then both can become more loved and valued members of any community and the role of government will be of higher value because too often it is perceived as means for domination and power, and therefore oppression in the minds of many Americans in need.




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