Gov’t watchlists and databases

UN Approves Reforms for Listing and Delisting on Terrorist List

Date: 
February 1, 2010

The lack of due process in the United Nations' (UN) terrorist watch list has made some governments reluctant to enforce sanctions against those listed.  Responding to these criticisms, and at the urging of human rights advocates, on Dec. 17, 2009 the UN Security Council unanimously passed Resolution 1904, which sets out an improved process and creates greater transparency.  These improvements, supported by the U.S. in the Security Council vote, do not yet apply to the U.S. listing process.

Fusion Centers' New Access to Military Intelligence Raises Concerns

Date: 
September 29, 2009

The Department of Homeland Security (DHS) announced on Sept. 14, 2009, that classified military intelligence will be made available to state and local fusion centers, which function as information sharing hubs between DHS and state, tribal and local officials. Critics are concerned that the addition of Department of Defense (DoD) intelligence without proper oversight will threaten the privacy and civil liberties of U.S. citizens. The record of fusion centers to date indicates such concerns are justified. 

Critics Object to Proposed “Watch List” Secrecy

Date: 
September 11, 2009

White House officials are using the Intelligence Reauthorization Act of 2010 to propose a new  exemption to the a Freedom of Information Act (FOIA) for “watch list” data that would end disclosure through FOIA requests. Citing excessive errors in national security watch lists and other privacy concerns, advocacy organizations have written to Congressional leaders, urging rejection of the proposal.

U.S. Terrorist Watchlists: More Problem than Solution

Date: 
June 28, 2009

As U.S. government watchlists have steadily become a central counterterrorism measure,  from the Treasury Department to USAID, their use has attracted scrutiny from government auditors and nonprofits.  Critics call the lists inaccurate, incomplete and inefficient. Fueled by several internal government reports and audits finding numerous problems, complaints range from problems created for people with similar names to persons on the lists to incomplete or error filled lists being used to vet NGOs receiving USAID funds.  Widespread dissatisfaction has reached Congress, where a bill providing redress for being incorrectly placed on the list passed House of Representatives in early 2009. It is time to re-think the role of watchlists in counterterrorism strategy, and not just try to fix a broken system.

Hearing Calls for Improved Intelligence Gathering Strategies That Protect Free Speech

Date: 
May 11, 2009

The hearing entitled, Protecting National Security and Civil Liberties: Strategies for Terrorism Information Sharing, came on the heels of several controversial fusion center bulletins bolstering civil libertarians’ arguments that the Information Sharing Environment (ISE) and its national network of intelligence fusion centers are vulnerable to civil liberties abuses, such as unconstitutional police investigations of peaceful political and religious groups. In one case, the Maryland State Police investigated several non-violent antiwar and human rights groups, filed them as terrorist organizations, and transferred the data to a federal law enforcement database.

Audit Says FBI's Watchlist Riddled With Errors

Date: 
June 8, 2009

On May 6, 2009 yet another audit, this time from the Department of Justice's Office of Inspector General (OIG), has documented the high error rate and dysfunction of the government's central terrorist watchlist. In response the ACLU has called for Congressional oversight, and Sen. Patrick Leahy (D-VT) called the situation "unacceptable." The audit may spark action on legislation passed by the House of Representatives and pending in the Senate that would provide redress procedures for people wrongly placed on watchlists. The audit also raises significant questions for U.S. nonprofits, since the Department of Treasury Anti-Terrorist Financing Guidelines for charities and USAID's proposed Partner Vetting System promote list checking. It is time to re-think the role of watchlists in counterterrorism strategy, and not just try to fix a broken system.