Spies, Drones, and Snowden: What’s the Future of US Intelligence?

Dennis Bowden

Adjunct ProfessorUniversity of Central Florida

Why Spy?

Why Spy?To better inform White House policy debate

Why Spy?To better inform White House policy debate

To gain military or economic advantage

Espionage:

The World’s Second Oldest Profession?

Stuart’s Missions

Intelligence and reconnaissance

Interdiction of Federal troops and material

Sabotage

Secretary of State Henry L. Stimson

“Gentlemen don’t read each other’s mail.”

The Office of Strategic ServicesJune 13, 1942

Intelligence Collection

Research and Analysis

Special Operations

4 Main Missions of CIA Collection of foreign Human Intelligence

(HUMINT)

4 Main Missions of CIA Collection of foreign Human Intelligence

(HUMINT) Counterintelligence

4 Main Missions of CIA

Collection of foreign Human Intelligence (HUMINT)

Counterintelligence

All-Source Analysis

4 Main Missions of CIA

Collection of foreign Human Intelligence (HUMINT)

Counterintelligence

All-Source Analysis

Covert Action

US Intelligence and the Cold War

1. 1952 - National Security Agency (NSA)

2. 1960 - The National Reconnaissance Office (NRO)

3. 1961 - The Defense Intelligence Agency (DIA)

4. … In addition to intelligence organizations of US military services

Church and Pike Congressional Hearings

"The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon probable cause, supported

by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to

be seized."

The 4th Amendment

"The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon probable cause, supported

by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to

be seized."

The 4th Amendment

"The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon probable cause, supported

by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to

be seized."

The 4th Amendment

All Surveillance on Americans Requires a Warrant

Restrictions and Accountability

All Surveillance on Americans Requires a Warrant

Foreign Intelligence Surveillance Act (FISA)

Foreign Intelligence Surveillance Court

Restrictions and Accountability

All Surveillance on Americans Requires a Warrant

Congressional Oversight of Intel Community

No Covert Action without President approval and congressional notification

No assassinations

FBI focuses solely on domestic activity

CIA focuses solely on foreign activity

Restrictions and Accountability

1980s & 1990s

9/11 and the Intelligence Community

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

USA PATRIOT ACT

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

USA PATRIOT ACT

“Authorization for the Use of Military Force Against Terrorists”

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

USA PATRIOT ACT

“Authorization for the Use of Military Force Against Terrorists”

Rules for Intercepting Phone Calls

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

2. Growth of Intelligence Community

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

2. Growth of Intelligence Community

3. “Lanes in the Road” Blurred

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

2. Growth of Intelligence Community

3. “Lanes in the Road” Blurred

4. CIA Becomes a Warfighter

9/11 and the Intelligence Community

9/11 and the Intelligence Community

1. Strong public support for CIA, etc.

2. Growth of Intelligence Community

3. “Lanes in the Road” Blurred

4. CIA Becomes a Warfighter

5. Creation of the Director of National Intelligence

The US Intelligence Community

Current Issues with US Intelligence

Current Issues with US Intelligence

1. Cyber

Current Issues with US Intelligence

Current Issues with US Intelligence

1. Cyber

2. US “Drone Strikes”

Current Issues with US Intelligence

Current Issues with US Intelligence

Current Issues with US Intelligence

1. Cyber

2. US “Drone Strikes”

3. And this man …

NSA, “Prism” and The PATRIOT Act

What’s the fuss?

Khalid al-Mihdhar Nawaf al-Hamzi

NSA and The PATRIOT Act

By 2006, the NSA developed ability to search metadata

NSA and The PATRIOT Act

But wait …

What is metadata ?

NSA and The PATRIOT Act

By 2006, the NSA developed the ability to search metadata

Metadata supplied by phone companies

Then searched by algorithms

Kept secret

NSA and PRISM:

It’s all about network analysis

NSA and PRISM:

It’s all about network analysis

But, is it legal?

"The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon probable cause, supported

by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to

be seized."

The 4th Amendment

Two Federal Court Justices split

Republicans and Democrats split

Internal Privacy Board: NSA Program is illegal

Internal Advisory Group: Program is legal

NSA and The PATRIOT ActSection 215

Continue with NSA programs

Transfer Records from US Government

Create a new plan by March 28

NSA must get a warrant to access the database

Privacy advocates present at FISA Court

President Obama’s decisions:

"… What's really at stake here is how we remain true

to who we are in a world that is remaking itself at

dizzying speed."

-- President Obama; January 17, 2014

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America.”

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America.”

Spies, Drones, and Snowden: What’s the Future of US Intelligence?

Dennis Bowden

Thank you!