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Status Brief

History/Origins:


Developmental Milestones/Developments to Date:


Current Assessment/State of the Field:


Problems/Challenges:


Proposals:

1999

Hebert, Joesf H., "Chinese-American scientist Gilligan, Major Matthew J., "Opening the Gate?: An Analysis of Military Law Enforcement Authority Over Civilian Lawbreakers On and Off the Federal Installation" MILITARY LAW REVIEW, Volume 161, September 1999.

  • "Military commanders have the inherent authority and duty to maintain law and order on military installations and to guarantee the security of the occupants thereon."
  • "Congress has specifically granted to military law enforcement officials statutory arrest authority over service members for violations of the Uniform Code of Military Justice."
  • The Posse Comitatus Act "prohibits using military personnel to execute civil laws unlss authorized by the Constitution or an Act of Congress."
  • Exceptions to the Posse Comitatus Act include the Military Purpose Doctrine and a service member assisting as a private citizen.
  • Posse Comitatus Act, Military Purpose Doctrine, Uniform Code of Military Justice, Military, Law

2000

Grumbel, Andrew, “Judge says sorry to US scientist after spying case turns to farce”, The Independent, September 14, 2000.

  • “Wen Ho Lee, the American missile scientist falsely accused of passing nuclear secrets to China, was freed yesterday after lawyers finally worked out the terms of a plea bargain, ending his nine-month pre-trial incarceration in solitary confinement.”
  • “Judge James Parker berated the government agencies that prosecuted Dr Lee and pressed for unusually harsh pre-trial detention conditions even though they had barely a thread of evidence.”
  • “Dr Lee pleaded guilty to just one of 59 security-related charges after admitting that he improperly downloaded information from a secure computer at the Los Alamos National Laboratories.”
  • “A suit by Dr Lee's lawyers alleging racial discrimination - he is a Taiwanese -born US citizen was dropped as part of the plea bargain.”
  • “The fact that the case had fallen apart indicated he had been labelled as a spy for China because of his race, said one Asian-American leader.”
  • Law Enforcement


2001

Yoo, John C. and Robert J. Delahunty, "Authority for Use of Military Force to Combat Terrorist Activities Within the United States," OFFICE OF LEGAL COUNCIL, October 23, 2001.

  • Posse Comitatus "only applies to the domestic use of the Armed Forces for law enforcement purposes, rather than for the performance of military function." Exception: "allows the use of military when constitutionally or stautorily authorized."
  • Constitution "supports deployment of the military domestically, as well as abroad, to respond to attacks on the US."
  • PCA "intended to prevent the use of the military for domestic law enforcement purposes. It does not address the deployment of troops for domestic military operatons against potential attacks on the US."
  • Posse Comitatus Act, Military


Bolgiano, David G., "Military Support of Domestic Law Enforcement Operations: Working Within Posse Comitatus," FBI LAW ENFORCEMENT BULLETIN, December 2001, Volume 70, Issue 12, page 16.

  • Legal issues from law enforcement/military overlap
  • "encounter military support in counterdrug operations, training, disaster assistance, or search and rescue missions."
  • "police officers protect the public safety by investigating criminal activity while the military fights the battles against hostile enemies."
  • Posse Comitatus Act, Military


2003

Bernadette, Tansey, “U.S. requires scientists to give FBI fingerprints/ Thousands who use bioterror compounds must disclose data for background checks” Chronicle Staffwriter, SFGate, online March 12, 2003.

  • "Thousands of established scientists must turn over their fingerprints and personal information to the FBI for background checks -- a new requirement for researchers who work with anthrax and other potential bioterror agents.”
  • "The measure is one of many new federal rules designed to tighten security at U.S. laboratories.”
  • "Under the new rules, citizens of Iraq, Iran, North Korea and other countries suspected of supporting terrorism are disqualified from handling about 60 biological agents ranging from smallpox to botulism, a neurotoxin that is routinely used to study nerve pathways. Also barred from working with these "select agents" are those with a history of mental illness, illegal drug use, felony convictions or dishonorable discharges from the military.”
  • "Ronald Atlas, president of the American Society for Microbiology, has warned that the huge initiative to register and investigate as many as 20,000 lab workers this spring could paralyze research just as the government is urging these labs to intensify bioterror defense work.”
  • "In the aftermath of the 2001 attacks, lawmakers were shocked to find that the government had no clear data on how many U.S. labs possessed anthrax and other deadly germs.”
  • "As a result, Congress passed new laws requiring up to 1,200 public and private labs to submit to an extensive approval process, install locks and identity checkpoints, and keep accurate inventories of dangerous agents. Scientists who possess the dangerous agents in violation of the rules can draw prison terms up to 10 years and hefty fines.”


2004

Lecchire, Gary, and Michael A. Wermuth, et al., "Triage for Civil Support: Using Military Medical Assets to Respond to Terrorist Attacks", TRIAGE, "Legal and Other Barriers to Military Support to Civil Authorities", 2004.

  • "State governments and their political subdivisions have primary responsibility for coping with emergencies, including terrorist events."
  • Military support for civil authorities, 4 categories allowed: 'civil disturbance/insurrections, counterdrug operations, disaster relief, counterterrorism/weapons of mass destruction.'
  • "Under the Stafford Act, a presidential declaration of a major disaster or an emergency triggers federal assistance. The type of federal assistance available depends on whether the situation is considered a disaster or an emergency."
  • "In the event of a catastrophic event, particularly when a deadly biological agent is implicated, officials, including military personnel, may need to restrict the civil liberties of Americans, especially freedom of movement, to prevent mass chaos and mitigate public health threats."
  • Posse Comitatus Act, Stafford Act, Public Health, Emergency Response, Military


Prosser, Andrew, et. al, "The Proliferation Security Initiative in Perspective," June 16, 2004, http://www.cdi.org/pdfs/psi.pdf

  • "PSI states remain secretive about the methods being employed and the number of actual interdictions being carried out."
  • can board vessels "flying a given country's flaf at sea" that participates in the initiative
  • the power to stop and seize in high seas is "virtually non-existent", can stop ships flying own flag and those that aren't flagged
  • internal waters, authority diminished in territorial seas
  • "freedom of navigation on the high seas is limited in situations of slave trading, piracy, illicit narcotics trafficking, and unauthorized broadcasting, while innocent passage is inalienable 'so long as it is not prejudicial to the peace, good order, or security of the coastal state."
  • "where a suspected WMD cargo is transported under the flag of a foreign state that does not wish to grant PSI member countries permission to board its ship, PSI participants will usually not have the authority to act."
  • "states not bound by an international treaty prohibiting the transfer of WMD technologies are permitted to transport mass destruction weapons cargoes"
  • "interception of WMD transfers at sea might be viewed as consistent with UNSC resolutions"
  • if a country opposes the initiative, PSI operations cannot be carried out
  • UNSCR 1540, Nonproliferation, WMD, PSI, ship boarding agreements


Byers, Michael, “Policing the High Seas: The Proliferation Security Initiative”, The American Journal of International Law, Vol. 98, No. 3 (July, 2004), pp. 526-545.

  • “Much of PSI involves nothing more than the consistent and rigorous application of existing rights under national and international law. Concurrently, the initiative promotes the development of new legal authorities by way of bilateral and multilateral treaties.” Pg. 528
  • “A ship may be forcibly boarded on the high seas if it is reasonably suspected of engaging in piracy or the slave trade; lacks a flag (i.e., a single country of registration); or is broadcasting in an unauthorized manner toward, or is registered in, the state that wishes to board.” Pg. 527
  • “Ships flagged by nonconsenting states may be searched when in foreign harbors if reasonably suspected to be carrying armaments that have not been declared.” Pg. 531
  • “In certain circumstances, customary international law might already allow for the high seas interdiction of suspected WMD or missile-laden vessels flagged by nonconsenting states. These circumstances could arise when the vessel posed an imminent threat, either to the interdicting state or to a third state that requested the interdiction.” Pg. 532
  • “The problem of nonconsenting states such as North Korea will remain, leaving those wishing to take high seas action against vessels flying such flags with three options: securing a United Nations Security Council resolution that authorizes interdiction; claiming that the vessels pose a threat that falls within the scope of an existing, or evolving, customary international law right of preemptive self-defense; or simply violating international law.” Pg. 528
  • “States may choose to breach the rules without advancing strained and potentially destabilizing legal justifications. By doing so, they allow their action to be assessed subsequently, not in terms of the law, but in terms of its political and moral legitimacy, with a view to mitigating their responsibility rather than exculpating themselves.” Pg. 543
  • PSI, Law Enforcement, WMD, North Korea



Shane, Scott, "Anthrax Inquiry Draws Criticism From Federal Judge," NYT, A23, Oct. 8, 2004.

  • Judge reviewed Classified update from FBI.
  • Hatfill civil suit for being called a "person of interest."


Budowle, Bruce, "Genetics and Attribution Issues thatConfront the Microbial Forensics Field." Forensic Science International 146S, 2004:S185-S188.

  • "Laboratory stocks may show less diversity than samples found in nature."

"It may not be possible to uniquely identify a source based on genetics alone."


Zilinskas, Raymond, et. al., "A Discussion Of Findings And Their Possible Implications From A Workshop On Bioterrorism Threat Assessment And Risk Management," Risk Analysis, vol. 24, No. 4, pgs. 901-909, 2004.

  • "A quantitative bioterrorism risk assessment would need data or well-informed judgments on the intent of terrorist groups or individuals, their technical capabilities, the attributes of pathogens or toxins that might be used in a biological attack, target characteristics, and the occurrence (frequency) of various attack scenarios."
  • "A search of the CNS Weapons of Mass Destruction (WMD) Terrorism database...revealed that out of 383 incidents in which biological, chemical, nuclear, or radiological agents were used by criminals or terrorists during the time 1900 to the present, only 77 biological 'events' were perpetrated. Of these, just four post-1945 events generated more than 10 casualties."
  • "Bioterrorism involves the use of pathogens or toxins against human, animal, or plant populations by a terrorist group to achieve political, social, or religious aims."
  • "Biocriminality involves the use of pathogens or toxins by an individual or group to attack human, animal, or plant populations for reasons of greed, blackmail, revenge, or other apolitical motives." (Law Enforcement)
  • "The likely low rate of future attacks involving pathogens also makes it very difficult to calibrate, much less validate, whatever assessment methodology might be developed."
  • "By putting together data derived from content analysis of the threatening statement, an assailant's history, and interviews of persons who are or were acquainted with the assailant, sufficient information can be collected for a fairly robust assessment of the threat that assailant presents to society in general and to a particular target."
  • "This process (vulnerability analysis) may also be referred to as logic modeling, problem formulation, or conceptual modeling. Available information might include: pathogens or toxins that might be used to harm the target area's population and/or contaminate its environment, methods that might be used to disperse pathogens or toxins to achieve attack objectives, and the means attackers would use to emplace mechanisms for dispersing pathogens or toxins so as to have the highest probability of harming the target population and contaminating environs."
  • "For a longer-term project, we suggest augmentation and enhancement of vulnerability studies through the application of quantitative risk estimation techniques, supported by use of modeling exercises."
  • "Risk estimation then gathers what quantitative data are available regarding the attack scenario and proceeds through four steps--hazard characterization, hazard identification, exposure assessment, and risk characterization."
  • Biosurveillance


Benjamin D. Kern, “*101 Whacking, Joyriding and War-Driving: Roaming use of Wi-Fi and the Law” November, 2004, Santa Clara Computer and High Technology Law Journal Last Checked January 7, 2012. [1]

  • ““Whackers” …will be defined as users who intentionally access a Wi-Fi network for destructive, malicious, theft or espionage purposes.””
  • “Roaming Wi-Fi users include "joyriders" that use an open Wi-Fi connection to access the Internet,…”
  • ““War-drivers,” who scan, locate, and map Wi-Fi access points, and accidental users, who unintentionally connect to a Wi-Fi network.””
  • “The term "hacker" is popularly used in the media to refer to a malicious computer or network user, although use of the term in technology circles is considerably more nuanced.”
  • “A "whacker" is a hacker that uses wireless technology.”
  • “Laws applicable to roaming Wi-Fi use will facilitate and encourage roaming, while deterring destructive behavior and providing remedies to any network operator injured by a malicious or destructive user.”
  • “Several men pled guilty to violations of the CFAA and other statutes after accessing credit card information stored in the computer systems of Lowe's hardware store by accessing a store's open Wi-Fi network from the parking lot of the store.”
  • “Internet-related legislation has clarified that those who provide access to the Internet to third-parties are not liable for the acts of these third-parties.”
  • “The Digital Millennium Copyright Act ("DMCA") and Communications Decency Act ("CDA") both include safe harbors that clarify that Internet service providers are not liable for content transmitted through their services, potentially including all of the types…”
  • “Pre-DMCA case law makes clear that network operators that do not have knowledge of the content passing through their networks have little danger of being liable for copyright infringement.”
  • “The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM") clarifies that liability for spam sent by a user of an open Wi-Fi network would rest with the user, not the network operator.”
  • “Whether or not the CDA, DMCA, and CAN-SPAM Acts expressly apply to all materials that may be transmitted through an open Wi-Fi network, courts have recognized that Congressional intent to absolve service providers has been very broad.”
  • “The Computer Fraud and Abuse Act of 1986 ("CFAA") prohibits unauthorized access to a computer or network in a number of specific situations.”
  • “To violate the most widely applicable provisions of the CFAA, a user must intentionally access a network without authorization, and must either obtain information or cause damage and a loss exceeding a threshold amount.”
  • “Many state statutes, as well as the CFAA, prohibit intentional unauthorized access, but do not clarify what level of mens rea applies to the unauthorized nature of the user's access.”
  • “Most states have statutes that prohibit intentional, unauthorized access to, or use of, computer networks.”
  • “Current federal and state laws may apply to the use of Wi-Fi networks for whacking activities, and to roaming use of open Wi-Fi networks for purposes of accessing the Internet, and, at least in California, to war-driving.”
  • “A lack of clarity and consistency among existing laws threatens to have a chilling effect on this important direction of future growth for the Internet.”
  • Cybersecurity, Law, Hacker, Law Enforcement


USA Today, “Lowe’s hardware hacker gets nine years” 15 December, 2004, usatoday.com Last Checked 29 December, 2011. [2]

  • “One of three Michigan men who hacked into the national computer system of Lowe's hardware stores and tried to steal customers' credit card information was sentenced Wednesday to nine years in federal prison.”
  • “The government said it is the longest prison term ever handed down in a U.S. computer crime case.”
  • “Brian Salcedo, 21, of Whitmore Lake, Mich., pleaded guilty in August to conspiracy and other hacking charges.”
  • “Salcedo's sentence… exceeds that given to the hacker Kevin Mitnick, who spent more than 5½ years behind bars, according to a Justice Department Web site that tracks cyber-crime prosecutions.”
  • “Adam Timmins, became one of the first people convicted of "wardriving," in which hackers go around with an antenna, searching for vulnerable wireless Internet connections.”
  • “Prosecutors said the three men tapped into the wireless network of a Lowe's store in Southfield, Mich., used that connection to enter the chain's central computer system in North Wilkesboro, N.C., and installed a program to capture credit card information.”
  • “The case was prosecuted in Charlotte because it is home to an FBI cyber-crime task force.”
  • “Mitnick led the FBI on a three-year manhunt that ended in 1995 and is said to have cost companies millions of dollars by stealing their software and altering computer information.”
  • “Victims included Motorola, Novell, Nokia and Sun Microsystems.”
  • “I think the massive amount of potential loss that these defendants could have imposed was astounding, so that's what caused us to seek a substantial sentence against Mr. Salcedo, …”
  • Cybersecurity, Hacker, Law Enforcement

2005

Ronald M. Atlas, “Biosecurity concerns: Changing the face of academic research,” Chemical Health & Safety, May/June 2005.

  • "Biosecurity concerns are starting to exceed those of biosafety."
  • Law, Open Science


Peek, Laura, “Chemist suspect cornered in Cairo” The Daily Mail, online July 17, 2005.

  • “Magdy Al Nashar, 33, was arrested in a dawn raid on his parents' home by Egyptian secret service agents following a request for help from the British authorities.”
  • “The Chemistry PhD student has been missing since June 30. He helped the fourth suicide bomber to rent a flat in Leeds last month. Al Nashar who has studied biochemistry at Leeds University since 2000 and his lodger, Jamal Lindsay, disappeared a week before the bombs.”
  • “Lindsay carried out the attack which killed at least 25 people at Russell Square. On Tuesday police raided the housing association flat in Burley, Leeds, and evacuated neighbours after finding explosives.”
  • “Egyptian security services spokesman General Mahmoud El Fishawi told the Daily Mail: 'We just do not know if he is guilty or innocent. If we find a link with the London bombings, he will be sent back to Britain.'There was a series of secret meetings between the bombers at the Burley flat believed to be their bomb factory in the weeks leading up to the attacks.”
  • “There was a series of secret meetings between the bombers at the Burley flat believed to be their bomb factory in the weeks leading up to the attacks.”
  • “Police carried out a controlled explosion at the flat on Tuesday. Detectives found traces of evidence from all four bombers.”
  • “The Arab Al-Maadi district of Cairo where Al Nashar grew up has been described as a hotbed for fanatics because it is so easy to disappear in its maze of narrow dusty streets.”
  • Law Enforcement, Academia, Egypt, Europe, U.K.,


Editors, “Freed chemist worried over return to UK,” Daily Mail, Aug 10, 2005. [3]

  • ”An Egyptian chemist released without charge yesterday after three weeks of questioning over the July 7 London bombings said he wants to return to the UK.”
  • ”Egyptian authorities found no evidence to link the former Leeds University student to the attack or to Al Qaeda.”
  • ”He knew two of the suicide bombers casually - helping find Lindsey Germaine a place to live in Leeds - but said he was innocent of any involvement.”
  • ”He was detained in Cairo after Britain notified Egyptian authorities they suspected he may have had links to some of the terrorists, three of whom were from Leeds.”
  • ”El-Nashar had returned to Egypt on holiday a week before the attacks; Egyptian authorities arrested him on July 14, a week after the bombings.”
  • Law Enforcement, Academia, Egypt, Europe, U.K.


KAREN T. MORR, [the Acting Assistant Secretary for Office of Information Analysis in DHS] Statement, HEARING BEFORE THE SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, SCIENCE, AND TECHNOLOGY OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES, ONE HUNDRED NINTH CONGRESS, FIRST SESSION JULY 12, 2005. "PROJECT BIOSHIELD: LINKING BIOTERRORISM THREATS AND COUNTERMEASURE PROCUREMENT TO ENHANCE TERRORISM PREPAREDNESS."

  • "Al-Qa’ida documents recovered from a training camp in Afghanistan show interest in a variety of biological agents and mentioned plague, anthrax, cholera and tularemia."
  • "To determine threat, we examine an actor’s capability and intent. We assess capability based on factors such as the actor’s level of skill or knowledge, their ability to acquire a biological agent, the materials necessary to grow the agent and their capacity to effectively disseminate a biological agent. For intent, in addition to the actor’s desire to simply use biological weapons, we discern which agents they are more likely to pursue, their preferred method of deployment and which targets they intend to attack."
  • "Last month one of our analysts provided some of the Committee members with a classified briefing on the specifics of the current bioterrorist threat to the Homeland. I will not be able to revisit this classified threat assessment in this open forum but we would be happy to provide this information to additional members in a closed session."
*"On occasion, we require quick access to information that does not reside within IA. In these cases, our analysts are supported to the Biodefense Knowledge Center (BKC)—a 24x7 support cell based at Lawrence Livermore National Laboratory and sponsored by the S&T Directorate. The BKC possesses vast repositories of biological technical information and is able to access SMEs from around the country, such as the U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID), the U.S. Army Medical Research Institute for Chemical Defense (USAMRICD), and the Armed Forces Medical Intelligence Center (AFMIC), in support of a tasking from IA. The BKC compiles the appropriate information and relays it to our analysts who integrate the information into their finished intelligence analysis."
  • "Our analysts regularly collaborate with other intelligence agencies, particularly NCTC, DIA, FBI, and CIA. We also work with experts from government, academic, and private institutions and partner with scientists who keep us abreast of their potential areas of concern and the trends they see. Interaction with outside public and private sector institutions keeps us well-informed of new and emerging technology that may be exploited or misused by malicious actors. For example, IA recently hosted a workshop on emerging biotechnologies and the future biological threat. This provided a forum for non-governmental experts to provide IA with information of which they believe we should monitor."
  • "Our analysts are broadly focused and access a wide array of information in gathering source material for our assessments. They use all-source intelligence, scientific and technical information, terrorist profiles, historical trends, and open source information such as media reports and scientific journal articles."
  • "We keep current on foreign State biological weapons program developments as these activities may have implications for future terrorist events. We look at the intent of the enemy, their capabilities, potential scenarios, and attack vectors. Working with counterterrorist experts in the Community, we develop link charts on potential associates here in the United States of operatives abroad who may have received training in WMD capabilities or have knowledge of WMD programs."
*"we assessed the implications of the H2N2 influenza shipment in which a U.S. contractor sent a highly virulent strain of influenza to hundreds of laboratories worldwide. We also recently published an Information Bulletin advising State and local Law Enforcement officials of indicators of covert anthrax production. Generally, our products fall into two categories: threat assessments and feasibility assessments."
  • "Threat Assessments. Threat assessments are written on known actors and are based on specific intelligence. To determine threat, we examine an actor’s capability and intent. We calculate capability based on factors such as a particular actor’s level of skill or knowledge; their ability to acquire a biological agent and the materials necessary to grow the agent; and their capacity to effectively disseminate a biological agent. For intent, we consider more than just an actor’s desire to use biological weapons. We attempt to discern which agents they are more likely to pursue, their preferred method of deployment, and which targets they intend to attack."
  • "Feasibility Assessments. Intelligence is never complete or all-knowing and we cannot wait until intelligence is received in order to consider plausible scenarios or the impact of a particular technique or technology on a bioterrorist’s capability. To move beyond this limitation, IA, in partnership with S&T, conducts assessments of biological processes, emerging technologies, and techniques and determines their feasibility for use in a bioterrorism event. These assessments include indicators that will help to identify if a particular scenario begins to unfold so we can prevent or disrupt events before they occur. In conjunction with the feasibility assessment, we are producing unclassified excerpts with the indicators which are distributed widely to local, State, Federal officials as well as the private sector to enhance awareness in the field and to increase suspicious activity reporting and trigger investigations where necessary."
  • "IA also has produced several bioterrorism-specific ‘‘red team’’ products, which explore issues from a terrorist’s perspective using nongovernmental experts and creative thinkers. These topics have included terrorist use of genetically modified food and recombinant DNA technologies to damage the U.S. food supply; possible terrorist exploitation of a U.S. flu vaccine shortage; and the safety and security impacts of a pandemic influenza outbreak."
  • "Under the BioShield legislation, DHS is charged with assessing current and emerging threats of chemical, biological, radiological, and nuclear agents; and determining which of such agents present a material threat against the United States population. S&T, supported by IA, has been conducting Material Threat Assessments (MTAs) and Material Threat Determinations (MTDs) in order to guide near term BioShield requirements and acquisitions."
  • "MTAs ... are speculative and represent a best estimate of how an adversary may create a high-consequence event using the agent/weapon in question. Currently, MTAs are drafted by the S&T and IA provides comments on the assessment before it is provided to HHS. In our review, we ensure that the assessment reflects what IA assesses is the general capability of terrorist groups that are pursuing biological weapons."
  • "MTAs result in an estimate of the number of exposed individuals, the geographical extent of the exposure, and other collateral effects. If these consequences are of such a magnitude to be of significant concern to our national security, the Secretary of DHS then issues a formal Material Threat Determination to the Secretary of HHS, which initiates the BioShield process. To date, one MTA has been completed for anthrax and MTAs for plague, botulinum toxin, tularemia, radiological devices and chemical nerve agents are underway and an MTA for viral hemorrhagic fevers will be initiated next month. MTDs have been approved for four agents: smallpox, anthrax, botulinum toxin, and radiological/nuclear devices."
  • "IA, in cooperation with NCTC and the FBI, is providing WMD outreach briefings around the country. These briefings outline the terrorist WMD threat, including descriptions of the types of weapons used and indicators and warnings aimed at increase awareness and reporting. In the near future, we hope to expand these briefings to other audiences such as academia and the private sector to further increase awareness and reporting."
  • "IA will be playing a key role in supplying current intelligence to the National Biosurveillance Integration System (NBIS) operations center once it begins operation later this summer. NBIS will fuse information on human, plant, and animal health with environmental monitoring of air, food, and water systems. This information will be integrated with threat and intelligence information to provide real-time situational awareness and identify anomalies or trends of concern to the Homeland Security Operations Center."
  • Bioshield, Al-Qaida, Information Policy, Academia, Lab Safety, Flu, Vaccination


Reitze, Arnold, Jr., “Emergency Response and Planning Requirements Applicable to Unpermitted Air Pollution Releases,” 2005 B.Y.U.L. Rev. 1075, P. 1184.

  • “CAA section 112(r)(1) includes a general duty clause that imposes on owners and operators of stationary sources handling extremely hazardous substances a general duty in the same manner and to the same extent as section 654 of Title 29 [OSH Act] to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. n865”
  • ”… It places a burden of prevention and minimization on owners or operators without regulatory action by the EPA, and it prevents shifting of liability to the government because of the EPA's approval of risk management plans. n867”
  • ”…The clause imposes three obligations: (1) identify hazards from potential accidental release; (2) design and maintain a safe facility in taking the necessary steps to prevent release; and (3) minimize damage from actual accidental releases. n868 The general duty clause itself does not prescribe how these measures will be achieved. n869 The clause is performance-based; it places the burden on those using these substances to demonstrate safe practices regarding accidental releases. n870” …
  • ”Because the general duty clause is based on the OSH Act, n873 the case law construing the Act, including the decisions of the Occupational Safety and Health Review Commission, are applicable. n874 Importantly, however, only the EPA and DOJ can enforce the general duty clause. n875 States, even with delegation of risk management programs, cannot enforce the clause. n876”
  • p. 1187 ” The DOJ was to review the effect of Clean Air Act (CAA) regulations on the prevention of chemical releases, including those that may be released as a result of chemical activity. It also was to develop, test, and validate a protype vulnerability assessment methodology to assess the security of chemical facilities against terrorist and criminal acts. n887 On May 30, 2002, nearly two years late, the DOJ submitted its interim report. It was based on a study of only eleven of the 15,000 chemical manufacturing facilities subject to the CAA's RMP provisions; therefore, the study cannot be generalized to the industry as a whole. The DOJ determined the report's release would pose a threat to national security, and, based on the CAA (42 U.S.C. 7412(r)(7)(H)(xi)(III)), it would not make the report public. n888 On May 6, 2002, the EPA's Administrator was given the authority in an administrative order to classify as "secret" any information that might pose a national security risk. n889 The legislation establishing the Department of Homeland Security (DHS) exempts from public disclosure information about physical and cybersecurity for information submitted voluntarily to DHS. n890”
  • P.1190 “The CAA section 112(r), both the general duty clause and section 112(r)(7)(A), could be used to deal with terrorist threats. However, it is not clear that an intentional targeting of a facility or a population was intended to be covered by section 112(r)'s planning requirements; nor is it clear that the general duty clause, which is [*1191] based on OSHA's general duty clause, was ever intended for use as a homeland security measure. A legislative fix is needed, but it has been a difficult task to develop a comprehensive bill that a majority in Congress would support. To date, only narrowly focused legislation has been enacted.”
  • Law, Chemical, Information Policy, Law Enforcement

Pine, Art. “Should Congress Scrap Posse Comitatus?” U.S. Naval Institute Proceedings. December 2005. [4] Last Checked. September 9, 2012

  • ”Posse Comitatus is not the only governing statute on this issue, however. The 1974 Stafford Act broadly permits the president to use federal troops at home whenever he declares a disaster to be "an incident of national significance" — something Bush did the Saturday before Katrina struck.”
  • “The 1956 Insurrection Act enables him to send U.S. forces to deal with civil disorders, even without a request from a state's governor. And other titles permit the White House to send troops to deal with emergencies involving nuclear, chemical, or biological weapons. The Pentagon, too, has directives that authorize such action.”
  • ”Eventually, the military response to Katrina included about 50,000 National Guard troops, 22,000 active-duty forces, about 350 military helicopters, and 20 ships. The flaw was in how long it took to get permission for them to deploy.”
  • ”Some say the 1878 law is a relic of a different age that ties the hands of the military during natural disasters and should be repealed or revised. Others say that the statute still serves an important purpose. Meanwhile, paratroopers from the Army's 82d Airborne Division (at left) were assisting civilian search-and-rescue personnel after Hurricane Katrina.”
  • ”Few question that the military is best equipped to cope with major calamities such as Katrina when the impact spreads beyond what state and local agencies can handle. The armed forces already have a broad command structure and communications system in place, with an array of helicopters, trucks, and medical facilities, along with sufficient manpower to quell civil disorders.”
  • ”Indeed, a recent study cited some 167 incidents over the past 200 years in which presidents have used federal troops to enforce the law, from suppressing insurrections and quelling race riots to breaking strikes and enforcing civil rights legislation.”

Posse Comitatus Act, Law Enforcement, Emergency Response

2006

Sullivan, Eileen, "DOD Sees Larger Role in Disaster Support if Civilian Responders Can't Handle Job", CQ HOMELAND SECURITY, May 15, 2006.

  • "The Department of Defense will have a larger role in providing civil support during disasters or catastrophes, but only if local, state and federal civilian responders do not have the resources or expertise to handle the disaster themselves."
  • "DOD cautions that there should not be too much reliance on military support during disasters, because military assets - first and foremost - exist for DOD's national security mission and may not be available for domestic response."
  • Department of Defense, National Response Plan, Emergency Response, Military, Homeland Security


Berger, Matthew, E., "Lawmakers Uneasy About White House Plan for Combatting Pandemic Flu," CQ Homeland Security, May 16, 2006.


"Container Security Initiative 2006-2011 Strategic Plan", CUSTOMS AND BORDER PROTECTION, August 2006: http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/csi/csi_strategic_plan.ctt/csi_strategic_plan.pdf

  • primary system of global trade = containerized shipping, protected from terrorists
  • pre-screen containers posing a potential threat before leaving foreign ports for US
  • bagan in January 2002
  • Goals: identify high risk containers through intelligence, prescreen and evaluate containers before shipped, use X-ray, Gamma ray, and radiation detection devices to prescreen, and use more secure containers to identify containers tampered with
  • 44 ports worldwide use CSI as of August 2006
  • "The World Customs Organization, the EU, and the G8 support CSI expansion and have adopted resolutions to introduce and implement security measures and non-intrusive inspection standards similar to CSI at ports throughout the world."
  • part of CBP's mission to "prevent terrorists and terrorist weapons from entering the US" through maritime containers
  • "Examinations of cargo or persons do not require search warrants, probable cause, or particularized suspicion"
  • hope to have around 70 ports use CSI by 2010
  • Homeland Security, Export Control, CSI, CBP, interdiction

2007

Niska, Richard, “HOSPITAL COLLABORATION WITH PUBLIC SAFETYORGANIZATIONS ON BIOTERRORISM RESPONSE”. Prehospital Emergency Care, 2007. [5]

  • “During a bioterrorism incident, 68.9% of hospitals would contact EMS, 68.7% percent law enforcement, 61.6% fire departments, 58.1% HAZMAT, and 42.8% all four. About 74.2% had staged mass casualty drills with EMS, 70.4% with fire departments, 67.4% with law enforcement, 43.3% with HAZMAT, and 37.0% with all four.” (Pg. 1)
  • “Federal funding through HRSA for hospital preparedness, including mass casualty drills, has fallen from a high of $514.9 million in fiscal year 2004, to $474.2 million in FY 2006.8 But the HRSA National Bioterrorism Hospital Preparedness Program continues to encourage integration of hospitals with public safety organizations, such as fire departments, EMS, and law enforcement” (Pg. 4)
  • “Farmer and Carlton (2006) commented that a major factor working against developing a better interface between hospitals and communities in disaster planning was cultural differences between public and private entities, with 95% of police, fire, and EMS systems being public and 95% of the medical capability being private” (Pg. 5).
  • “The majority of hospitals involve public safety organizations in their emergency plans and drills, but some types of hospitals are more likely to do so than others. Higher hospital bed capacity was the characteristic most predictive of drilling with these organizations.” (Pg. 5)
  • Bioterrorism, Public Health, Emergency Response, Law Enforcement


Epstein, Gerald L., "Law Enforcement and the Prevention of Bioterrorism: Its Impact on the US Research Community," GLOBAL NON-PROLIFERATION AND COUNTER-TERRORISM: THE IMPACT OF UNSCR 1540, Eds. Bosch, Olivia, and Peter van Ham, Brookings Institution Press: 2007.

  • Law enforcement aims to prosecute offenders, tighten security and increase preventitive measures for bioterrorism.
  • concern over biological research use
  • The AntiTerrorism and Effective Death Penalty Act of 1996: regualting transport of biological agents, prevent access for criminal use.
  • imbalanced rules in science vs. law enforcement, restrictions on biological research impeding/infringing upon research creativity
  • Tomas Foral, Thomas Butler, Steven Kurtz
  • UNSCR 1540, Bioterrorism, Lab Safety


Guilfoyle, Douglas, "Maritime Interdiction of Weapons of Mass Destruction," JOURNAL OF CONFLICT & SECURITY LAW, 2007, Volume 12, No.1, pages 1-36.

  • Maritime law enforcement- stop and search a vessel at sea "potentially seizing cargo and arresting persons aboard."
  • flag vessels enforced by their states, flag-state consent
  • "a coastal state can enforce its criminal law against ships bound for, or leaving, its internal waters."
  • "so long as the acts of a vessel situated within the contiguous zone produce an infringement of a coastal state's customs, fiscal, sanitary, and immigration laws within the territorial sea, 'control' could be asserted to punish those acts."
  • "In 1992, the Security Council identified the 'proliferation of all WMD' as a 'threat to international peace and security.'"
  • UNSCR 1540, PSI, Law, Nonproliferation, UN Convention on the Law of the Sea


Hodgkinson, Sandra L. et.al, "Challenges to Maritime Interception Operations in the War on Terror: Bridging the Gap," AMERICAN UNIVERSITY INTERNATIONAL LAW REVIEW, Washington College of Law, 22 Am. U. Int'l L. Rev. 583, 2007.

  • MIOs- Maritime interception Operations - to deter, deny, disrupt movement of terrorists and terrorist related materials
  • maritime interdiction as "anticipatory self-defense"
  • PSI - more than 75 participating nations
  • "PSI does not specifically establish any boarding authority and does not provide participating states with any new legal authority to conduct interdictions in intl waters"
  • SOSAN incident helped in the development of PSI - Spanish forces found "fifteen scud missiles" along with the reported cement on a North Korean ship; brought to the attention of Spanish forces
  • "PSI was officially announced by President Bush on May 31, 2003 in Krakow, Poland"
  • BBC China - German owned ship - thousands of "gas centrifuge components that can be used to enrich uranium" were found and recovered; brought to attention of US and British intelligence, components recovered in Italy
  • Post October 2003 - US has formed bilateral boarding agreements with 6 nations
  • Nonproliferation, PSI, WMD, interdiction


Kemsley, Jyllian, “FBI Reaches Out To Campuses”, C&EN, online July 16, 2007.

  • “Thomas Mahlik, notes that classified research usually starts off as unclassified, often in a university environment. Traditionally, the FBI and other law enforcement agencies have focused on classified information only and would react after a leak had occurred. "In that case, it's too late," Mahlik says. "The secret's gone."
  • “In an effort to stem such losses, the FBI in 2005 launched the Counterintelligence Domain Program. The domain in question is research, information, and technologies that are not classified but still have potentially critical importance to U.S. economic and military power. The goal of the program is to reach out to researchers and build relationships, especially with an academic community historically wary of law enforcement.”
  • “One component of the counterintelligence program is the Academic Alliance. Directed at U.S. colleges and universities, the goal is not to dictate to researchers what they should and should not do, but to foster communication between national security agencies and the researchers generating technology.”
  • "We want to break down all the barriers of the past," the FBI's Mahlik says. "We need to come to terms as to what's the right balancing mechanism to have information exchange that doesn't spike great paranoia. If we agree to disagree that's fine, but at least we're talking about it and not waiting for an incident to occur. The toughest time to build relationships is in a time of crisis."
  • “Concern expressed by university leadership was the vague nature of what they were being asked to look for in terms of identifying security risks. There weren't any clear examples that the FBI was able to give the academics."
  • “Now, what the FBI and others are trying to establish is more of a needed communication. Instead of responding because of compliance or contract, communities respond because it's the right thing to do."
  • Law Enforcement, Academia


Van Ham, Peter & Olivia Bosch, "Global Non-Proliferation and Counter-Terrorism : The Tole of Resolution 1540 and Its Implications", GLOBAL NON-PROLIFERATION AND COUNTER-TERRORISM: THE IMPACT OF UNSCR 1540, Eds. Bosch, Oliva, and Peter van Ham, Brookings Institution Press: 2007.

  • "Because international law does not apply to individuals, non-state actors are subject only to prohibitions laid down in an often ambiguous patchwork of domestic law."
  • "The process of ratification means that a state makes the international treaty obligations part of its domestic law and national regulations."
  • UNSCR 1540, Nonproliferation


Song, Yann-Huei, “The U.S.-Led Proliferation Security Initiative and UNCLOS: Legality, Implementation, and an Assessment”, Ocean Development & International Law, 38: 101-145 (2007).

  • “UNCLOS, which is considered ‘[a] Constitution for the Oceans,’... has been praised as the most comprehensive political and legislative work ever undertaken by the United Nations.” (pg.102)
  • “There is nothing in UNCLOS that explicitly prohibits the possession or transportation of ‘WMD, their delivery systems, and related materials’ by a foreign-flagged vessel.” (pg115)
  • “‘PSI requires participating countries to act consistent with national legal authorities and relevant international law and frameworks,’ which includes the law reflected in the Law of the Sea Convention.’” (pg.113)
  • “Three major factors should be considered in determining if a PSI interception is permissible under international law: first, the nature of the cargo transferred or transported by the intercepted vessel; second, the location where the interception action takes place; and third, the nationality of the intercepted vessel.” (pg.114)
  • “In order to legally intercept WMD-related cargos, PSI participating countries must present reasonable evidence showing that the WMD-related cargoes are being transferred or transported to and from ‘states and non-state actors of proliferation concern’ and will be used for nonpeaceful purposes.” (pg.115)
  • “An interdiction is legal under UNCLOS if the vessel that is being interdicted flies the flag of the interdicting country or flies the flag of a state that consents to the interdiction.” (pg.118)
  • “It would also be legal for a PSI participating country to stop a vessel flying no flags or more than one flag in its national waters or international waters.” (pg.118)
  • “Interdictions can be undertaken in different maritime zones, including internal waters, territorial sea, archipelagic waters, contiguous zone, straits used for international navigations, EEZs, and the high seas.” (pg.116)
  • “There are other international treaties, regimes, and frameworks that can be relied on if interdiction actions against suspect vessels that carry or transport ‘WMD, their delivery systems, and related materials’ to and from ‘states and non-states of proliferation concern’ are necessary.” (pg.125)
  • "The United States maintains that the PSI Statement of Interdiction Principles are consistent with the UN Security Resolution 1540, operative paragraph 10 which 'calls upon all States, in accordance with their national legal authorities and legislation and consistent with international law, to take cooperative action to prevent illicit trafficking in nuclear, chemical or biological weapons, their means of delivery, and related materials.'" (pg.113)
  • “The legality of an interdiction action must be examined on a case-by-case basis.” (pg.122)
  • PSI, Law, WMD, Law Enforcement, UNSCR 1540

2008

Fowler, Daniel, CQ Homeland Security, January 14, 2008, “ACLU, HHS Debate Pandemic Preparedness Strategies,” -Avian Flu- /leaning toward law enforcement and national security/George Annas/Wendy K. Mariner/Wendy E. Parmet/civil liberties/Public Health/disaster/catastrophe/


Hafer,Nathaniel, Vos, Cheryl J., Stebbins, Michael, McAllister, Karen, Lorenzi, Gretchen, Moore, Christopher, Berger, Kavita M., Science Progress, "How Scientists View Law Enforcement," Dec. 22, 2008. [6]

  • "Our survey shows that scientists share many of the common stereotypes held of law enforcement by the general public. More interestingly, it elucidates some issues that are specific to the science community, such as a general expressed reluctance to discuss research with law enforcement, despite an expressed willingness to share expertise to aid in criminal investigations."
  • "Increasing scientific literacy among law enforcement personnel who work with scientists may be one important avenue to ensure a strong relationship and clear communication between the law enforcement and science communities."
    • See also: Central Intelligence Agency Report: "The Darker Bioweapons Future," OTI SF 2003-108, 3 November 2003.
    • "Most panelists [ A panel of life science experts convened for the Strategic Assessments Group by the National Academy of Sciences] agred that the US life sciences research community was more or less 'over its Vietnam-era distrust" of the national security establishment and would be open to more collaboration."


Hakim, D., Peters, J.W. "Scientist for State Police Kills Himself," The New York Times, May 24, 2008.

  • “A State Police scientist hanged himself in his garage Friday, law enforcement officials said, the second time in a little over a week that someone with ties to the agency has killed himself.”
  • “Mr. Veeder appeared to have been distressed about an unrelated investigation of evidence handling by the State Police crime lab in Albany, according to a published report. The report, which appeared Friday on the Web site of The Times Union of Albany, said a suicide note written by Mr. Veeder cited his concerns about the investigation.”
  • “Lieutenant Miner did confirm, however, that the police had begun an investigation of the lab after recently finishing an audit of its policies and procedures to meet national accreditation requirements. He gave no details of what was learned in the audit that prompted an investigation.”
  • “The episode is the latest to weigh on the agency, which is now facing investigations on multiple fronts. Mr. Veeder's suicide is the third to hit the State Police in less than two months.”
  • Law Enforcement, Misconduct


Sands, Derek, “Former DOE counterintelligence official faults security at nuclear laboratories,” Platts Inside Energy, September 29, 2008.

  • “Terry Turchie, a distinguished FBI agent who led the "Unabomber" case and who previously served as the head of counterintelligence at DOE's Lawrence Livermore National Laboratory, charged in a letter that Congress is being misled by DOE on the "true nature" of the effectiveness of counterintelligence at the laboratories.”
  • “In his letter, Turchie outlined problems at the labs, and said that he left DOE over the "dangerously chaotic state of counterintelligence" within the department. He said DOE's decision to merge the intelligence and counterintelligence operations at the department and at the National Nuclear Security Administration has meant "the vulnerability of DOE personnel and facilities to hostile intelligence entities has increased exponentially." Turchie left Livermore in September 2007.”
  • “Gregory Wilshusen, of the Government Accountability Office, unveiled a report that praised some physical and computer security progress at Los Alamos National Laboratory, but also expressed skepticism that the progress could be sustained.”
  • “The DOE nuclear weapons labs -- Sandia, Lawrence Livermore, and Los Alamos national laboratories -- have been the target of criticism from GAO and DOE's inspectors general for years over problems securing their computer hardware and their information over networks, as well as their ability to repel possible terrorist attacks.”
  • “There have been a number of computer-related security breaches at Los Alamos in recent years, including the theft of hard drives containing sensitive data by an employee, as well as the loss of nine data disks by lab contractors.”
  • “The vulnerability of yellow networks has been brought into sharp relief by recent DOE security exercises, according to Glenn Podonsky, director of DOE's Office of Health, Safety and Security. For example, a "red team" of six DOE computer experts managed to take over the yellow networks at two of DOE's non-nuclear science labs and download over 40,000 documents, including sensitive material, Podonsky said at the Dingell hearing. The team also took over the network of a DOE lab site office, he said.”
  • Law Enforcement, Nuclear, Lab Security


Townsend, Mark, “Terrorists try to infiltrate UK’s top labs: The security services have intercepted up to 100 suspects posing as postgraduate students who aim to acquire weapons material and expertise,” The Observer, online November 2, 2008

  • ”Dozens of suspected terrorists have attempted to infiltrate Britain’s top laboratories in order to develop weapons of mass destruction, such as biological and nuclear devices, during the past year.”
  • ”The security services, MI5 and MI16, have intercepted up to 100 potential terrorists posing as postgraduate students who they believe tried accessing laboratories to gain the materials and expertise needed to create chemical, biological, radiological and nuclear weapons, the governments has confirmed.”
  • ”Extensive background checks from the security services, using a new vetting scheme, have led to the rejection of overseas students who were believed to be intent on developing weapons of mass destruction.”
  • ”A spokesman for Universities UK, which represents vice-chancellors, said the security scheme had so far proved effective. He added: ‘It is important to protect the UK from people who may wish to use technology and materials here inappropriately.’”
  • Law Enforcement, WMD


Martin, Timothy, "Drawing Lines in the Sea", U.S. Naval Institute Proceedings, December 2008, Vol. 134 Issue 12, p58-62.

  • “PSI is a cooperative although informal arrangement, without a formal treaty. All states party to this arrangement agreed to the 2003 Statement of Interdiction Principles (SIP), which gives guidance on the interception of vessels under accepted international law as laid out in the 1982 United Nations Convention on Law of the Sea (UNCLOS). Participating states agree to abide by these principles, but the SIP does not authorize states to conduct interdictions at sea.”
  • “Determining what cargo is ‘reasonably suspected’ is likely to be contestable, as many states reserve the right to ship military, nuclear, and other material by sea, and there is nothing in UNCLOS that specifically prohibits the transport of WMDs through international waters.”
  • “To determine acceptable measures for law enforcement and interdiction in international waters requires that common perceptions exist regarding the level of threat, and that the national interests of states have been considered.”
  • “Vessels registered or flagged to a particular state retain that state's sovereign protection. So when authorities interdict a suspicious vessel, they must pay attention to these limitations, or risk being accused either of violating a foreign state's territorial jurisdiction, or breaching international conventions on freedom of the seas.”
  • “International agreements greatly accelerate the process by which law enforcement officials from one state can board suspect vessels flying the flag of another, especially when the flag state is unable to exercise control over the vessel due to its location or other factors, or maintain contact with suspect vessels entering national waters and airspace.”
  • PSI, Law Enforcement, WMD, Military

2009

Asada, Masahiko, "Security Council Resolution 1540 to Combat WMD Terrorism: Effectiveness and Legitimacy in International Legislation", JOURNAL OF CONFLICT AND SECURITY LAW, Oxford University Press, 2009.

  • desperate need for nuclear security
  • each state should make certain acts punishable by law with penailties equal to the crime
  • problems with creating a national treaty to combat terrorism, proliferation of WMDs.
  • UNSCR 1540, WMD, Nonproliferation


Editors, “Ebola vials found in car trunk: Ex-Winnipeg scientist arrested at U.S. border,” Toronto Star, A29, May 14, 2009,

  • ” Konan Michel Yao, 42, is in U.S. custody charged with smuggling.”
  • ” The U.S. Centers for Disease Control, which has possession of the missing vials, has determined some contain small amounts of genetic Ebola material, said Plummer.”
  • ”Dr. Frank Plummer, head of the Winnipeg lab, said Yao did not have security clearance to work with high-level pathogens such as the Ebola virus. But he was allowed to work on an Ebola vaccine project in the facility's special pathogens unit.”
  • ”The vials, according to court documents, were in a glove, wrapped in aluminum foil and placed in a plastic bag. They were found in the trunk of the scientist's car.”
  • ”But he [Plummer] added the material poses no risk to public health. ‘It was not infectious,’ Plummer told reporters yesterday. ‘The only thing (Yao) could have done with it would be to make an Ebola vaccine.’"
  • “Yao left work in January when his research fellowship ended and he signed a document swearing he had not taken any government property, said Plummer.”
  • Law Enforcement, Ebola, Lab Security, Canada


Brumfiel, Geoff, "Particle Physicist 'Falsely Accused', Claims Brother," Nature, online October 13, 2009.

  • "French authorities placed Adlene Hicheur, a postdoc at the Swiss Federal Institute of Technology in Lausanne (EPFL), under formal investigation for possible 'criminal association in relation to a terrorist undertaking', He has been held since 8 October, after a raid at his family's home in the town of Vienne, southeastern France."
  • "According to press reports, anti-terrorism police apparently have evidence that the 32-year-old may have had e-mail correspondence with 'al-Qaeda in the Islamic Maghreb' -the North African branch of the terrorist organization al-Qaeda --about potential targets for terrorist attacks within France."
  • "Based on conversations with other family members, Halim believes that Adlene's arrest is probably connected to a land purchase in Algeria. Halim told Nature that just before the police raid, Adlene withdrew E13,000 (US$19,200) in cash with which to purchase land near the family's ancestral home of Setif in northeastern Algeria. He says that the police were initially asking about the money."
  • "In a statement, CERN said that it 'does not carry out research in the fields of nuclear power or nuclear weaponry' and that it addressed 'fundamental questions about the nature of matter and the Universe'. The physicist who worked with Adlene adds that there is nothing from Adlene's high-energy physics training that could have been used in a terrorist attack. 'We don't have any material or anything you could use for bad things,' he says, 'except maybe a hammer.'"
  • Law Enforcement, Academia, Nuclear, al-Qaeda, France, Algeria


Bremner, Charles, Sage, Adam, "Hadron Collider physicist Adlene Hicheur charged with terrorism," TimesOnline, october 13, 2009. [7]

  • "However, his arrest last week has sparked a furious row among France’s anti-terrorist magistrates. Judge Teissier’s critics say that he missed an opportunity to obtain invaluable information about Aqim networks by moving to detain the suspect at an early stage in his investigation. They said that he should have held off and kept the man under surveillance."
  • "Brice Hortefeux, the French Interior Minister, is also being criticised for publicising the arrest. Detractors say that the publicity will have driven the suspect’s contacts underground."
  • "Residents in the suspect’s home town of Vienne, in eastern France, said that his success had made him a role model for young Muslims. 'They are good boys,' said one neighbour of the suspect and his brother. 'They are from a family of six children and from a very moderate Muslim family which is seen as a model of integration.'”
  • "The suspect’s brother is reported to have graduated from the University of Paris with a degree in biomechanics."
  • "He was placed under surveillance by French officers last year after US intelligence services intercepted internet messages he allegedly sent to contacts close to al-Qaeda in the Islamic Maghreb (Aqim)."
  • Law Enforcement, Misconduct, France, Physics


Harris, Gardiner, “Dissidents at F.D.A. Complain of Inquiry,” The New York Times, newspaper January 28, 2009.

  • “Nine dissident scientists at the Food and Drug Administration who say they were forced to approve high-risk medical devices sent a letter to President Obama on Monday stating that agency officials might have made them the targets of a criminal investigation into their complaints.”
  • “The letter is the latest escalation in a highly unusual internal battle that has been simmering for nearly a year within the agency's device division. The nine scientists have banded together and charged that agency officials have acted illegally and that patients are routinely put at risk from high-risk medical devices that are approved for sale even though manufacturers have never proved that the products are either safe or effective.”
  • “The scientists complained in May to Dr. Andrew C. von Eschenbach, who was then the F.D.A. commissioner, and the agency began an internal review that continues. Dissatisfied with the pace and results of that review, the scientists wrote a letter to Congress in October pleading for an investigation, and the House Committee on Energy and Commerce announced in November that it would begin one, which also continues.”
  • “It can be a crime for agency employees to reveal documents or information considered confidential by companies seeking agency approval for medical products.”
  • “Critics have long bemoaned the agency's device approval process, which allows most devices to be approved with minimal testing. Manufacturers say the agency is already overly restrictive.”
  • Misconduct, Law Enforcement


Hernandez, N., Tyson, Scott A., "Army Nearly Done with Probe of Fort Detrick," The Washington Post, April 23, 2009.

  • “Army investigators are close to closing a probe into the disappearance of deadly pathogens at Fort Detrick's infectious disease laboratory in Frederick and have found no evidence yet of criminal misconduct, the Army's Criminal Investigation Command said yesterday.”
  • “Since last year, investigators have been trying to discover what happened to three small vials of Venezuelan equine encephalitis virus that were unaccounted for, according to Caree Vander Linden, the spokeswoman for the lab.”
  • “The virus that causes Venezuelan equine encephalitis is mosquito borne and usually causes a mild flulike illness but can also cause brain inflammation and death. It has potential for use as a biological weapon but is far less lethal than some other agents the lab works with.”
  • “Vander Linden said that when one scientist left the institute several years ago, he handed down his materials to another scientist, who left three years later. Last year, a successor took an inventory of the samples and found three vials missing, triggering an investigation, she said. The vials were probably missing because a freezer in which they were kept failed, destroying the batch, she said.”
  • “Alan Schmaljohn, a longtime scientist at the lab who is now a professor at the University of Maryland, said he had been questioned two or three months ago as someone who once had access to the virus.”
  • “Schmaljohn said he hadn't. He said the quantity of missing material was relatively small and easy to lose, especially if one of the freezers fails, requiring the vials to be rearranged.”
  • Lab Safety, Law Enforcement


McNeil, Donald, Jr., "China: Swine Flu Campaign, First in world, Begins in Beijing," NYT, A11, September 22, 2009.

  • "The Health Ministry said it hoped to vaccinate 65 million people, about 5 percent of the population, by year's end. Besides students, other groups with top priority include border and customs guards, transit workers, the military and the police, and people with heart and lung diseases. The Health Ministry has reported over 13,000 confirmed cases of the flu across the nation."
  • Vaccination, Law Enforcement


Mintz, Howard, “UCSC scientist files suit vs. FBI” Online, March 29, 2009. [8]

  • ” A UC Santa Cruz scientist has sued NASA Ames Research Center and the FBI, saying in a federal lawsuit that his career and reputation have been destroyed by what he contends are false accusations of being a "security threat" to government programs.”
  • ” Su, a Chinese national and U.S. citizen, alleges in the lawsuit that he was never told why he was deemed a security threat after a "cryptic and unwarranted joint NASA-FBI investigation." But his lawyer expressed concern he was targeted because he's a Chinese national, given the lack of any other explanation.
  • Law Enforcement, Academia


Committee on Laboratory Security and Personnel Reliability Assurance Systems for Laboratories Conducting Research on Biological Select Agents and Toxins, National Research Council of The National Academies, Report Released September 30, 2009. [9]

  • "The Committee was asked to consider the appropriate framework of laboratory security and personnel reliability measures that will optimize benefits, minimize risk, and facilitate the productivity of research."
  • Recommendation 1: "...personnel with access to select agents and toxins should receive training in scientific ethics and dual-use research."
  • Recommendation 2: "... a Biological Select Agents and Toxins Advisory Committee (BSATAC) should be established. ... [to]... Promulgate guidance of the Select Agent Program; ... Promote harmonization of regulatory policies and practices."
  • Recommendation 3: "The list of select agents and toxins should be stratified in risk groups according to the potential use of the agent as a biothreat agent, ...mechanisms for the timely inclusion or removal of an agent or toxin from the list are necessary and should be developed."
  • Recommendation 4: "Because biological agents have an ability to replicate, accountability is best achieved by controlling access to archived stocks and working materials. ...[as opposed to] counting the number of vials."
  • Recommendation 5: The appeals process for Security Risk Assessments should be broadened beyond mere checks for factual errors.
  • Recommendation 6: "... define minimum cross-agency physical security needs."
  • Recommendation 7: Dedicated funding should support an independent evaluation of the Select agent Program to assess benefits and consequences of the program.
  • Recommendation 8: "Inspectors of select agent laboratories should have scientific and laboratory knowledge and experience, as well as appropriate training in conducting inspections specific to BSAT research. Inspector training and practice should be harmonized across federal, state, local, and other agencies."
  • Recommendation 9: A separate category of support should be allocated for BSAT research due to the costs of security.
  • Ethics, Dual Use, Misconduct, Law Enforcement, Lab Security, Law


Overbye, Dennis, "French Investigate Scientist In Formal Terrorism Inquiry," NYT, A13, Oct. 14, 2009.

  • "A French court placed a phycisist working at CERN, the huge research center in Switzerland, under formal investigation on Monday for suspected 'conspiracy with a terrorist enterprise."
  • "...identified him as Adlene Hicheur, 32, a French particle phycisist born in Algeria ... [was] arrested on Thursday in hi home in Vienne, France, on suspicion of having contacts with a member of Al Qaeda in the Islamic Maghreb, a Sunniextremeist group based in ALgeria that has affiliated itself with Osama bin Laden's terrorist network."
  • "some incriminating evidence was in the form of e-mail messages and other communications obtained at the time of Dr. Hicheur's arrest."
  • "Dr. Hicheur is part of a 49-member team from the Laboratory for High Energy Physics at the Ecole Polytechnique Federale de Lausanne that is working on one experiment at CERN's large Hadron Collider, as part of a 700-member international group."
  • "The research [for his Ph.D. from university of Savoie] was done at the Stanford Linear Collider in California, where he worked for several months in 2002 as part of the BaBar collaboration."
  • "In principle, antimatter could be used to make a powerful bomb, because particles and their antiparticles annihilate each other into pure energy on contact."
  • "A spokesman for the technical school in Lausanne characterized Dr. Hicheur's colleagues as being 'extremely surprised adn in emotional shock' at the possibility that he was a suspect."
  • Law Enforcement, Misconduct, France, Physics


Broad, William, J., "Property of Nuclear Critic Is Seized by Federal Agents," NYT, A23, oct. 21, 2009.

  • "Federal agents have seized six computers, two cameras, two cellphones and hundreds of files from a Los Alamos, N.M., physicist who has criticized the government's nuclear agenda as misguided."
  • "The physicist, P. Leonardo Mascheroni, said he was told that the seizures were part of a criminal investigation into possible nuclear espionage."
  • "[He has] championed an innovative type of laser fusion, which seeks to harness the energy that powers the sun, the stars and hydrogen bombs."
  • "The secrets of hydrogen bombs and laser fusion can be similar, and the federal investigation appears to center on whether Dr. Mascheroni broke federal rules in discussing his proposed laser with a man who called himself a representative of the Venezuelan government."
  • "a man claiming to be a Venezuelan representative agreed to pay him $800,000 for a laser study. Dr. Mascheroni said he delivered the unclassified study but was never paid."
  • Law Enforcement, Nuclear, Information Policy, Nuclear, Venezuela, Classified


Wilber, Del Quentin, “Scientist accused of espionage to remain in jail, judge decides; Authorities detail Md. man's access to U.S. secrets”, online October 21, 2009.

  • “A federal judge ordered that a Chevy Chase scientist remain jailed on a charge that he tried to pass national secrets to the Israeli government in exchange for $11,000.”
  • “Stewart D. Nozette, 52, was arrested Monday afternoon on a charge of attempted espionage after authorities accused him of passing classified information to an undercover FBI agent posing as an Israeli intelligence operative. U.S. Magistrate Judge Deborah A. Robinson ordered Nozette detained until a preliminary hearing Oct. 29.”
  • “The scientist held security clearances as high as top secret and had access to classified material as recently as 2006, authorities said.”
  • “In early September, an FBI agent posing as an Israeli intelligence officer called Nozette, and the scientist said he would be willing to work as a spy, authorities said. Over the next few weeks, the agent paid $11,000 in cash, left in two installments in a post office box in the District. Nozette took the cash and questions left by the FBI agent, authorities alleged.”
  • “He returned, the FBI said, with envelopes containing classified information he recalled handling. That included details about U.S. satellites, early warning systems and defense strategy, the FBI wrote in court papers.”
  • Law Enforcement, Israel.


Associated Press, 'Spy Probe nabs Md. Scientist: Researcher has worked at Goddard, Elsewhere," Baltimore Sun, 6, October 20, 2009.

  • "A scientist who worked for the Defense Department, a White House space council and other agencies was arrested Monday on charges of passing along classified information to an FBI agent posing as an Israeli intelligence officer."
  • 'Stewart David Nozette, 52, of Chevy Chase was charged in a criminal complaint with attempting to communicate, deliver and transmit classified information, the Justice Department said."
  • "At Energy, Nozette held a special security clearance equivalent to the Defense Department's top secret and 'critical nuclear weapon design information' clearances."
  • "an unnamed colleague of Nozette who said the scientists told him taht if the U.S. governemnt ever tried to put him in jail for an unrealted criminal offense, he would go to Israel or another country and 'tell them everything' he knows."
  • Law Enforcement, Classified


Madigan, Nick, "Ex-UM Researcher Whose Fiancee Died is Indicted," Baltimore Sun, 5, Oct. 27, 2009.

  • "A Baltimore grand jury indicted a former University of Maryland School of Medicine researcher Monday on 14 drug-related counts."
  • "McCracken was charged by police after the Sept. 27 death of his 29-year-old fiancee, Carrie John, a fellow doctoral lab researcher at Maryland. [According to McCracken]...she injected herself with ... a fluid containing the narcotic buprenorphine. ... McCracken also possessed with intent to distribute the stimulant methlphenidate and the anti-anxiety drug clonazepam. ...McCracken is no longer employed by Maryland."

Law Enforcement, Lab Security, Misconduct


Sang-Hun, Choe, "Discredited Cloning Expert Is Convicted of Fraud in South Korea," NYT, A11, Oct, 27, 2009.

  • "Hwang Woo-suk, a disgraced cloning expert from South Korea who had claimed major breakthroughs in stem-cell research, was convicted Monday of falsifying his papers and embezzeling government research funds."
  • "His school, Seoul National university, disowned him in 2005, saying that he had fabricated the papers he had published to global acclaim."
  • "Dr. Hwang, a veterinarian by training, became known as an international pioneer in stem-cell research in 2004 when he and his colleagues published a paper in the journal Science claiming that they had created the world's first cloned human embryos and had extracted stem cells from them."
  • Misconduct, Law Enforcement, South Korea


Associated Press, "Espionage Suspect Admits Overbilling: Scientist Entered Secret Plea Deal," USA Today, 6A, Oct. 27, 2009.

  • "A former government scientist accused of attempted espionage pleaded guilty to overbilling NASA and the Department of Defense more than $265,000 for contracting work."
  • "Seperately, Nozette was arrested last week and accused of trying to sell classified information on U.S. defense secrets to an undercover FBI agent posing as an Israeli intelligence operative."

Misconduct, Law Enforcement, Classified


Johnston, David, "2 in Chicago Held in Plot To Attack In Denmark," NYT A17, Oct. 28, 2009.

  • "The most serious charges, conspiracy to murder and maim in a foreign country, were filed against David Coleman Headley, who was born in the United States, lived in Pakistan and now resides in Chicago."
  • "Mr. Rana is a businessman who was born in Pakistan and is now a Canadian citizen living legally in Chicago [is charged with providing material support."
  • "Davis S. Kris ...said the case was a reminder of the threat posed by international terrorism organizations."
  • Jurisdiction, Law Enforcement, Homeland Security


Dow, Jay, WCBS TV, "NYPD: Tests Suggest Powder Scare Not A Threat: First Round Of Tests Show No Danger In White Powder, But Emergency Response Was Very Real," [10] Nov. 10, 2009.

  • "Fire officials say someone sent three envelopes filled with white powder to three foreign consulates. They were all postmarked from Dallas and contained at least one note referencing al-Qaida. But investigators now say initial field tests suggest they're a hoax."

Law Enforcement, Anthrax


Clavert, Scott, "Researcher did not die of overdose autopsy says: Allergic reaction, not bupe, killed UM pharmacologist," Baltimore Sun, P. 1, Nov. 13, 2009.

  • "University of Maryland pharmacologist Carrie John died from an allergic reaction and not because she injected a seemingly tainted batch of the narcotic buprenorphine."
  • "The [autopsy] results suggest that McCracken, 33, might have unwittingky bought phony narcotics."
  • "Her death stunned the school, where the two postdoctoral fellows did brain research and she studied drug abuse."
  • "He (McCracken] said he and and John soaked a 2 mg pill in water, filtered it, then filled two syringes with the solution."
  • "The couple met as graduate students at Wake Forest University. ...Before that he was at the University of Pittsburgh. he is no longer at Maryland."
  • Law Enforcement, Lab Security, Misconduct


McNeill, Donald, G., Jr., "Shifting Vaccine For Flu To Elderly," D1, NYT, Nov. 24, 2009.

  • "reports of price gouging have grown more frequent. That also happened in 2004, when sterility problems at a British plant cut the American flu vaccine supply in half; prices shot up as high as $90 a dose, from the normal level of $8 to $9."
  • "Gouging is illegal in about half the satets, but each state varies in how big a price increase constitutes gouging and as to whether an emergency must have been declared for the law to kick in."
  • "'To pursue a case, we need to show it's not just a couple of dolars but is very significant,' said Attorney General Richard Blumenthal of Connecticut, who has opened an investigation."
  • "'if distributors were 'masquerading or fraudulently claiming to have vaccine,' that could end in criminal charge."
  • Law Enforcement, Flu, Vaccination


Rees, Nick, "U.S. Postal Service to be in charge of drug delivery in the event of a bioattack," BioPrepWatch [11] December 31, 2009.

  • "Following an executive order released Wednesday, the U.S. Postal Service will be put in charge of delivering drugs and other medical aid to Americans in the event of a large-scale biological weapon attack."
  • "President Obama's order states that the postal service will be in charge of dispensing "medical countermeasures" for biological weapons in the event of an attack because of its ability to deliver to U.S. citizens rapidly."
  • "Federal agencies are required to develop a response plan within 180 days including possible law enforcement escorts for postal service workers under the order, which cites anthrax as a primary threat consideration. The order would see local law enforcement supplemented by local federal law enforcement officers."
  • Biodefense, Law Enforcement, Anthrax


Ling, Philip, “Scientist faces smuggling charges; Man found with 22 vials used in Ebola research”, online May 14, 2009.

  • “A Canadian scientist was stopped at the U. S. border last week after authorities found 22 vials used in Ebola research from Canada's National Microbiology Lab in his possession, officials said yesterday.”
  • “Konan Michel Yao, 42, was apprehended by U. S. officials as he attempted to enter the United States at the Pembina, N. D., border crossing from Manitoba on May 5. Mr. Yao faces U. S. criminal charges for smuggling and is currently in the custody of the U. S. Marshals service. Mr. Yao was carrying unidentified biological materials in vials wrapped in aluminum foil inside a glove, wrapped in a plastic bag in the trunk of his car, U. S. Customs and Border Patrol spokesman Mike Milne told the Reuters news agency.”
  • “Mr. Plummer said Mr. Yao was working at the agency's special pathogens laboratory on an Ebola vaccine project when his research term ended in January.”There was a small amount of genetic material from the Ebola virus in the material that he took off with, but it posed no risk of infection and no risk to the health of the public.”
  • “Mr. Yao said in an affidavit obtained by Reuters that he took the vials with him when he left the lab at the end of his contract on Jan. 21, to help him get a head start on his research at his new job at a U. S. disease research lab.”
  • Law Enforcement, Canada, Ebola

2010

Davis, Sara, “BALANCING PUBLIC HEALTH AND INDIVIDUAL CHOICE: A PROPOSAL FOR A FEDERAL EMERGENCY VACCINATION LAW”. Health Matrix: Journal of Law Medicine, January 1, 2010. [12]

  • “Since 2001, the U.S. government has devoted considerable time and effort identifying potential vulnerabilities to biological attacks, promoting prevention strategies, and anticipating how best to respond should a large-scale biological attack ever occur.” (Pg. 2)
  • ““The more that sophisticated capabilities, including genetic engineering and gene synthesis, spread around the globe, the greater the potential that terrorists will use them to develop biological weapons . . . . Prevention alone is not sufficient, and a robust system for public health preparedness and response is vital to the nation's security.'” (Pg. 3)
  • “The changes generally grant broad sweeping powers to state governors and health officials, including the power to order forced treatment and vaccination without specifying which exemptions….Such changes could increase the chances for state abuse of power and lead to confusion during a mass vaccination campaign.” (Pg. 3)
  • “Currently, the federal government lacks authority to exert control over a state's emergency vaccination plans, regardless of whether the plans are too lenient and severely risk the public's health or too rigid and unnecessarily restrict individual liberty” (Pg. 4)
  • “Maryland, the state's attorney summoned parents of more than 1,600 children to court, giving them a choice between vaccinating their children and facing penalties of up to ten days in jail and fifty dollars a day in fines.” (Pg. 7)
  • “Three key factors determine the percentage of the population that must be immunized in order to reach the herd immunity threshold: (1) the degree of the disease's infectiousness; (2) the population's vulnerability; and (3) the environmental conditions.” (Pg. 8)
  • “The Court explained that the state had a duty to protect the welfare of the many and to refrain from subordinating their interests to those of the few.”(Pg. 12)
  • “The Court determined that an individual's belief qualified as a religious belief, if it was "sincere and meaningful" and it "occupied in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption."” (Pg. 20)
  • “The district court warned that while an individual may possess sincerely held beliefs, instead of being rooted in religious convictions, those beliefs may merely be framed in religious terms to feign compliance with the law.” (Pg. 21)
  • “The Sherr case raises two issues. First, how much proof an individual must provide to demonstrate to the government the sincerity of the individual's religious beliefs. Second, how public health officials in an emergency will determine quickly and fairly whether an individual meets the requisite burden of proof.” (Pg. 22)
  • “Current state public health emergency laws inadequately address mass vaccination situations and leave wide-open the potential for the abrogation of individuals' rights” (Pg. 29)
  • “The model law, drafted by The Center for Law and the Public's Health, at Georgetown and John Hopkins Universities, seeks to "grant public health powers to state and local public health authorities to ensure strong, effective, and timely planning, prevention, and response mechanisms to public health emergencies (including bioterrorism) while also respecting individual rights." (Pg. 31)
  • “Additionally, MSEHPA fails to address the need for a consistent and coordinated nationwide approach to mass vaccination in a multi-state emergency….."To prevent the spread of contagious or possibly contagious disease the public health authority may isolate or quarantine . . . persons who are unable or unwilling for reasons of health, religion, or conscience to undergo vaccination."' (Pg. 31)
  • “The Public Health Emergency Medical Countermeasures Enterprise ("PHEMCE")" is likely the most appropriate government body to be in charge of implementing the new informed consent requirements, the medical and religious exemptions, and the right of refusal conditioned on a discretionary requirement of isolation or quarantine” (Pg. 35)
  • Bioterrorism, Public Health, Vaccination, Law Enforcement, CDC, Quarantine, Pandemic


Doyle, Michael, "Agriculture Department chemist successfully fights guilt-by-association," January 19, 2010, Mc Clatchy, Suits & Sentences Blog, available at [13] Last checked august 11, 2012.

  • ”Going about his everyday business in a Midwestern office of the Food Safety and Inspection Service, Poett applied to obtain certain toxic chemicals. But in August 2006, the FBI informed Poett's supervisors that he was deemed to be a ‘restricted person’ who ‘has involvement with an organization that engages in domestic or international terrorism or international crimes of violence.’"
  • ”Poett filed Freedom of Information Act requests to get to the bottom of it all. As Poett ultimately determined, the FBI's career-crimping determination stemmed from his past, passing involvement with a group called the Irish Northern Aid Committee in America, also known as Noraid. Way back in 1992, Poett had written the British ambassador to the United States, saying he regretted the possibility that ‘the funds others and I have solicited may have fallen into the wrong hands’ and adding that he would ‘pray for the peaceful resolution between the British and Irish People.’"
  • ” Kollar-Kotelly noted Monday that the government determined that ‘the FBI no longer reasonably suspects Plaintiff of knowing involvement with an organization that engages in domestic or international terrorism or with any other organization that engages in intentional crimes of violence and that Plaintiff is now eligible for access to select agents or toxins.’”
  • Scientist, Select agent, Agriculture, Northern Ireland, Oversight, State Department, Law Enforcement, Law


Markoff, John, “Google Asks Spy Agency for Help With Inquiry Into Cyberattacks,,”February 5, 2010, New York Times, [14]. last checked 12/10/11

  • ”Google has turned to the National Security Agency for technical assistance to learn more about the computer network attackers who breached the company’s cybersecurity defenses last year, a person with direct knowledge of the agreement said Thursday.”
  • ” By turning to the N.S.A., which has no statutory authority to investigate domestic criminal acts, instead of the Department of Homeland Security, which does have such authority, Google is clearly seeking to avoid having its search engine, e-mail and other Web services regulated as part of the nation’s “critical infrastructure.”
  • ” Systems designated as critical infrastructure are increasingly being held to tighter regulatory standards.”
  • ”On Jan. 12, Google announced a ‘new approach to China,’ stating that the attacks were ‘highly sophisticated’ and came from China.”
  • ”At the time, it gave few details about the attacks other than to say that a theft of its intellectual property had occurred and that a primary goal of the attackers had been to gain access to the Gmail accounts of Chinese human rights activists.”
  • ”A number of computer security consultants who worked with other companies that experienced attacks similar to those of Google have stated that the surveillance system was controlled from a series of compromised server computers based in Taiwan.”
  • ”An N.S.A. spokeswoman said, ‘N.S.A. is not able to comment on specific relationships we may or may not have with U.S. companies,’ but added, the agency worked with “a broad range of commercial partners’ to ensure security of information systems.’
  • ”’This is the other side of N.S.A. — this is the security service that does defensive measures,’ said the specialist, James A. Lewis, a director at the Center for Strategic and International Studies. ‘It’s not unusual for people to go to N.S.A. and say ‘please take a look at my code.’ ‘ ”
  • ” On Thursday, the organization [Electronic Privacy Information Center] filed a lawsuit against the N.S.A., calling for the release of information about the agency’s role as it was set out in National Security Presidential Directive 54/Homeland Security Presidential Directive 23 , a classified 2008 order issued by President George W. Bush dealing with cybersecurity and surveillance.”
  • ”The relationship that the N.S.A. has struck with Google is known as a cooperative research and development agreement, …. These were created as part of the Federal Technology Transfer Act of 1986 and are essentially a written agreement between a private company and a government agency to work together on a specific project.”
  • ”In addition to the N.S.A., Google has been working with the F.B.I. on the attack inquiry,...”
  • Cybersecurity, Hacker, Law Enforcement, China, Taiwan, Classified, Law, Homeland Security


Bell, Stewart, “Scientist denies spying for Iran; Immigration case; Judge Grants appeal, concludes Ottawa’s evidence is dubious,” National Post, March 9, 2010.

  • ”Federal Immigration officials told the Iranian Scientist Mohammed Jahazi they suspected he had taken part in Iran’s arms efforts and had supplied information to Tehran on Iranian dissidents in Canada and Europe.”
  • ”The government’s position before the Federal Court was that Mr. Jahazi was inadmissible to Canada under section 34(1)(f) of the Immigration and Refugee Protection Act as a member of an organization engaged in subversive activities and was associated with groups engaged in terrorist activities and subversion.”
  • Mr. Velshi , spokesman for Citizenship said that the government argued that there were inconsistencies in Mr. Jahazi’s account of his past and travel history, and that publicly available documentation linked his Iranian employers with arms sales to terrorists.”
  • ”Mr. Jahazi argued he held only a junior position in Iran, that he had never been asked to provide information to Iranian authorities and that he was a specialists in his field and could make an important contribution to Canadian Industry.”


Hintjens, Helen., Ross, Eric., “Global Terror Laws Engaged Social Research,” International Institute of Social Studies, March 24, 2010. [15]

  • ” Andrej Holm, was arrested at gunpoint in his home. His partner, Ann Roth, suggests that his “writings on gentrification, together with him being a political activist and not always taking his mobile phone along” were what led police to suspect him and start a terrorism investigation a year earlier. Andrej was accused of conspiratorial meetings with the others arrested and was suspected of being a member of a “terrorist” (later “criminal”) group.”
  • ” Other scholars and journalists were accused at the same time, their offices and apartments raided and their computers and address books confiscated. Among the reasons given for their arrest and the charges brought by the Federal Persecutor, were that they were seen as having access to libraries and as being intellectually capable of authoring “sophisticated texts” that might support terrorist activities. Holm suffered severe beatings by police and solitary confinement. After issuing subpoenas to try to find more evidence, the police released him on bail, though he still reports regularly to them.”
  • ” Meanwhile, his partner was subjected to police and secret service surveillance; their phones were tapped, video cameras aimed at the front door, she was followed by plain-clothed police and her e-mail and internet were tampered with. Her blog kept a daily review of the intentionally overt surveillance she herself, as well as her colleagues, friends and family came under. After release from prison, Andrej’s charges were taken back and turned into accusations of having formed a 'criminal organization.”
  • Law Enforcement, Iran


Carey, Benedict, "Studies Halted at Brain Lab Over Impure Injections," NYT, July 16, 2010, [16] Checked July 17, 2010.

  • "Columbia University has quietly suspended research at a nationally prominent brain-imaging center and reassigned its top managers after federal investigators found that it had routinely injected mental patients with drugs that contained potentially dangerous impurities."
  • "The investigations found that the center — regarded by experts as the nation’s leader in the use of positron emission tomography, or PET, for psychiatric research — repeatedly violated Food and Drug Administration regulations over a four-year period."
  • "F.D.A. investigators returned in January 2010 and found that many of the center’s lab’s practices had not changed, and cited a long list of specific violations, including one instance in which the staff hid impurities from auditors by falsifying documents."
  • "'They raided the place like it was a crime scene, seizing hard drives,' said one former lab worker, who requested anonymity because he feared reprisals from the university."
  • "The office under fire, the Kreitchman PET Center, on West 168th Street in Manhattan, has attracted millions of dollars in research funds from the federal government and pharmaceutical companies to study drug actions and the biology of brain disorders, among other things."
  • "The agency regulates the allowable radiation levels and the purity of the drugs. If a drug contains too many impurities — unknown chemicals that may or may not be related to the tracer itself — then its effects in the body are unpredictable."
  • "'There could be a patient safety issue, for one,” said Dr. Barry Siegel, chairman of the radioactive drug research committee at Washington University in St. Louis. “And there could be a scientific validity issue. If you’re exposing people to radiation and getting garbage data, then that becomes an ethical problem.'"
  • "The report highlighted an equation that the lab routinely used, resulting in injections that exceeded the limit for acceptable impurities. The lab did not adequately check 'the identity, strength and purity of each active ingredient prior to release' for injection into patients, the report said. Agency investigators also found a forged document, a hard copy record that had been altered to hide a drug impurity that showed up clearly in the computer records."
  • "Former employees, speaking on the condition of anonymity because they worked in the imaging field or hoped to, said those practices were not only commonplace but also condoned. They described a center under such pressure to produce studies that it papered over and hid impurities in drugs to stretch its resources and went ahead with business as usual despite F.D.A. warnings."
  • Misconduct, Ethics, Personnel Reliability, Oversight, Law Enforcement


Editor, "Drive-by-full-body scanning", Homeland Security Newswire, August 31 2010 [17] Last checked 10/25/2010

  • "Massachusetts-based American Science & Engineering is selling van-mounted backscatter X-ray detection system to law enforcement; these vans can be driven past neighboring vehicles to see their contents"
  • "Joe Reiss, a vice president of marketing at Billerica, Massachusetts-based American Science & Engineering, told Andy Greenberg of Forbes that the company has sold U.S. and foreign government agencies more than 500 backscatter X-ray scanners mounted in vans. These vans can be driven past neighboring vehicles to see their contents."
  • "While the biggest buyer of AS&E’s machines over the last seven years has been the Department of Defense operations in Afghanistan and Iraq, Reiss says law enforcement agencies have also deployed the vans to search for vehicle-based bombs in the United States."
  • "The Z Backscatter Vans, or ZBVs, as the company calls them, bounce a narrow stream of X-rays off and through nearby objects, and read which ones come back. Absorbed rays indicate dense material such as steel. Scattered rays indicate less-dense objects that can include explosives, drugs, or human bodies. That capability makes them powerful tools for security, law enforcement, and border control."
  • "Greenberg notes that it would also seem to make the vans mobile versions of the same scanning technique that has riled privacy advocates as it is been deployed in airports around the country. The Electronic Privacy Information Center (EPIC) is currently suing DHS to stop airport deployments of the backscatter scanners, which can reveal detailed images of human bodies."
  • "'It’s no surprise that governments and vendors are very enthusiastic about [the vans],' says Marc Rotenberg, executive director of EPIC. 'But from a privacy perspective, it’s one of the most intrusive technologies conceivable.'"
  • "AS&E’s Reiss counters privacy critics by pointing out that the ZBV scans do not capture nearly as much detail of human bodies as their airport counterparts. The company’s marketing materials say that its 'primary purpose is to image vehicles and their contents,' and that 'the system cannot be used to identify an individual, or the race, sex or age of the person.'"
  • "the systems “to a large degree will penetrate clothing,” but he points to the lack of features in images of humans..."
  • "EPIC’s Rotenberg is not persuaded, saying that the scans, like those in the airport, potentially violate the fourth amendment."
  • "Greenberg writes that TSA’s official policy dictates that full-body scans must be viewed in a separate room from any guards dealing directly with subjects of the scans, and that the scanners will not save any images. 'Just what sort of safeguards might be in place for AS&E’s scanning vans isn’t clear, given that the company won’t reveal just which law enforcement agencies, organizations within the DHS, or foreign governments have purchased the equipment,' he writes."
  • "Reiss says that the vans do have the capability of storing images. 'Sometimes customers need to save images for evidentiary reasons,' he says. 'We do what our customers need.'"
  • Law Enforcement, Homeland Security


Broad, William, A., "Lawyers Look to Exploit a Scientific Error," NYT, A18, September 24, 2010[18]

  • "The spying indictment filed late last week against a former Los Alamos scientist contains evidence of tape-recorded conversations, clandestine meetings, confidential places for the transfer of documents and a pattern of false statements."
  • "Federal prosecutors charged the scientist, P. Leonardo Mascheroni, and his wife, Marjorie, with trying to sell classified nuclear information to a foreign power. The two were arraigned Monday in Albuquerque and pleaded innocent. If convicted, both face up to life in prison."
  • "According to the indictment, Dr. Mascheroni told an F.B.I. agent posing as a Venezuelan spy that a secret nuclear reactor could be constructed underground for 'enriching plutonium,' the fuel of most nuclear arms."
  • "The mistake could prove inconsequential legally, since the Department of Justice could file what is known as a superseding indictment, which adds or corrects information in the original charges. The erroneous phrase would then be removed."
  • "The technical error is particularly embarrassing, some lawyers said, because of the bungled case that federal prosecutors brought against Wen Ho Lee, another former scientist at the Los Alamos National Laboratory, in 1999. In that case. Dr. Lee was charged with mishandling nuclear weapon secrets with the intention of aiding a foreign power. But the criminal case unraveled after defense lawyers zeroed in on factual errors, procedural missteps and conspicuous gaps in the evidence."
  • Law Enforcement, Misconduct, Scientist, Nuclear, WMD


Weiser, Benjamin, "Pakistani Sentenced to 86 Years for Attack," NYT, A23, September 24, 2010[19]

  • "A Pakistani neuroscientist who was convicted of trying to kill American soldiers and F.B.I. agents in Afghanistan was sentenced to 86 years in prison on Thursday in Federal District Court in Manhattan."
  • "The case of the scientist, Aafia Siddiqui, 38, had attracted wide attention, particularly in Pakistan, where she was widely portrayed as a heroine."
  • "In Karachi, Peshawar and Lahore, word of the sentence prompted protests from religious parties, which announced plans for nationwide demonstrations on Friday. Outside Ms. Siddiqui’s house in Karachi, dozens of protesters chanted anti-American slogans."
  • "In 2004, she was described by Robert S. Mueller III, the director of the F.B.I., as “an Al Qaeda operative and facilitator.” And an indictment charged that when she was arrested in 2008, she was carrying instructions on making explosives and a list of New York landmarks, including the Statue of Liberty, the Brooklyn Bridge and the Empire State Building."
  • "But it was her assault on a team of American officers and agents who went to question her after her arrest that led to her conviction in February on charges that included attempting to kill American officers and employees. She had been taken into custody in Ghazni, Afghanistan, after the local authorities became suspicious of her loitering outside the provincial governor’s compound."
  • "'“As she did this,” the judge said, she uttered, “in the same impeccable English that she has demonstrated here in the courtroom, anti-American sentiments” like “ ‘I want to kill Americans’ ” and “ ‘Death to America.’ ”
  • "Ms. Siddiqui, who has degrees from the Massachusetts Institute of Technology and Brandeis University, had punctuated her trial with numerous outbursts, resulting in ejections from the courtroom."
  • "At her sentencing, she rolled her eyes and made dismissive motions when one of her lawyers argued on her behalf. Her legal team, with which she has not cooperated, has maintained she was mentally ill, but prosecutors and the judge — and Ms. Siddiqui — disagreed."
  • "Ms. Cardi cited a five-year period, starting in 2003, when Ms. Siddiqui’s whereabouts were unknown; her supporters have claimed she was taken by American forces and tortured in Afghanistan, an accusation that is widely accepted in Pakistan, but is rejected by American officials."
  • "For example, referring to the five-year period of Ms. Siddiqui’s disappearance and claims of torture, he said, 'I am aware of no evidence in the record to substantiate these allegations or to establish them as fact.'"
  • Law Enforcement, Scientist, Academia, Pakistan


Broad, William, J. "Zeal for Dream Drove Scientist in Secrets Case," NYT, Spetember 27, 2010[20] Last checked September 29, 2010.

  • "As he was snubbed by Congress and federal experts, Dr. Mascheroni, a naturalized citizen who was born in Argentina, grew increasingly frustrated and bitter. He became known in Washington for veiled threats to take his atomic expertise abroad unless the government backed his laser plan."
  • "A 22-count indictment against Dr. Mascheroni, made public on Sept. 17, quotes his wife, Marjorie, as saying that he would “make bombs” overseas “if they don’t listen to him in Washington.” She has been charged as a co-conspirator, and both of them have pleaded not guilty."
  • "Federal prosecutors have charged Dr. Mascheroni with trying to sell nuclear secrets to Venezuela as part of a complicated scheme to have that country bring his laser to life. According to the indictment, he negotiated the deal in 2008 and 2009 with the undercover F.B.I. agent, who paid him $20,000 out of an overall promise of nearly $800,000."
  • "That did not stop Dr. Mascheroni. The indictment against him describes clandestine meetings, tape-recorded conversations, confidential places for the transfer of documents and a pattern of false statements from Dr. Mascheroni and his wife to federal authorities."
  • "As part of the plot, prosecutors say, Dr. Mascheroni would build a laser for producing energy — as he had always wanted to — and would throw in a plan for Venezuela that 'could deliver a nuclear bomb in 10 years.'”
  • "'I have to put my science at a higher level,' he said, emphasizing that his responsibilities to the scientific truth extended beyond duties to care for his family. He suggested that he even might face a death sentence."
  • "Hugh E. DeWitt, a California physicist and veteran of the Livermore lab, suggested that Dr. Mascheroni, in approaching a man he thought was a Venezuelan agent, was probably overselling his bomb skills in an last-ditch attempt to bring his laser to life."
  • Law Enforcement, Nuclear, Classified


Reuters, “Iran and Nigeria Discuss Seized Weapons”, 11 November 2010, New York Times [21] Last Checked 13 November 2010.

  • “Iran’s foreign minister flew to Nigeria on Thursday to discuss an arms shipment that was seized by Nigerian officials last month and that diplomats have said could put Iran in breach of United Nations sanctions.”
  • “Nigeria’s secret service intercepted the shipment two weeks ago and found that it contained rockets and other explosives.”
  • “The weapons were in containers that were labeled as construction materials and had been loaded in Iran by a local trader who did not appear on any sanctions list, a shipping group based in France.”
  • “Security experts said the heavy rockets could have been intended for the Taliban in Afghanistan and Hamas in the Gaza Strip.”
  • “The weapons may have been destined for Hamas and that the Iranians may have been testing a new smuggling route.”
  • “Nigeria’s secret service said Wednesday that it had been monitoring the movement of the cargo before it entered Lagos in July and that there was no question that Nigeria had been the intended destination.”
  • “Iran would appear to be in breach of the sanctions approved by the United Nations Security Council, which forbids Iran from exporting any weapons directly or indirectly that were originally loaded on its territory.”
  • “But the diplomats said it was difficult to assess the specifics about the shipment seized in Nigeria, because that country had not yet notified the Security Council’s Iran sanctions committee about the seizure.”
  • PSI, Jurisdiction, Law Enforcement

2011

Birnbaum, Ben, “Iran Ramps Up Security for Nuclear Scientists”, 18 January 2011, Washington Times [22] Last Checked 19 January 2011.

  • “Iran has deployed security teams to protect its nuclear scientists from assassinations, the Islamic republic's interior minister announced.”
  • “The precautions are being taken weeks after a bomb plot that targeted two top Iranian nuclear scientists, widely assumed to have been the work of Israeli or other Western intelligence agencies.”
  • “Iran’s intelligence minister said this month that 10 people had been arrested on suspicion of being behind an Israeli plot that killed another nuclear scientist last January.”
  • “‘Given the emphases laid by the president on guarding and protecting our country's scientists, a special structure has been developed for protecting the scientists and it has started its operation,’ said Interior Minister Mostafa Mohammad Najjar.”
  • Sabotage, Scientist, Iran, Nuclear, Law Enforcement


Drew, Aoife, "For their eyes only--Renault affair heralds era of corporate spying," Sunday Independent (ROI), p. 20, January 16, 2011.

  • "Renault has fired three high-ranking executives in strategic positions who are accused of industrial espionage. The three are suspected of transmitting information about about Renault's flagship electric vehicle programmes to a Chinese entity, which as yet remains unnamed."
  • "'What they did was very severe,' Ms. LeGreves [a Renault spokeswoman] said, adding: 'It wasn't just a case of them giving pictures to the media for instance..'
  • "According to French broadsheet Le Figaro, one executive was paid a lump sum of $500,000 ((e) 375,000), another $130,000 ((e) 97,500), while a third receeived a monthly payment of $5,000 ((e) 3,750)."
  • "The French Intelligence agency DCRI (Direction Centrale du Renseignment Interieur) are working with Renault to investigate the case. And of course, the government, which owns 15 percent stake int he firm, has got involved."
  • "'It's not going to be so much a matter of bombs and missles as deniable cyber warfare, corporate espionage and economic struggles. That's going to be a particularly difficult environment for Western corporates."
  • "...a French member of parliment this week tabled a bill relating to the protection of economic information, a subject certain to catch the attention of business people all over France."
  • Information Policy, France, China, Law Enforcement


Drew, Christopher, "Ex-Dow Scientist Is Convicted of Selling Secrets in China," NYT, Feb. 7, 2011 [23] last checked Feb. 8, 2011.

  • "A jury in Baton Rouge, La., on Monday found a former Dow Chemical scientist guilty of conspiring to steal company secrets and sell them to firms in China, the Justice Department said."
  • "Evidence at the three-week trial showed that the scientist, Liu Wen, 74, also paid a $50,000 bribe to a Dow employee to supply materials about how the company made a polymer used in automotive hoses, jackets for electrical cables and vinyl siding."
  • "The conviction illustrates what federal authorities have described as a growing threat in the competition with China for an economic edge. As nations like China broaden efforts to obtain technology, they have increasingly been able to buy secrets from current and former insiders at big American companies."
  • "Another former Dow Chemical scientist, Huang Kexue, is awaiting trial in Indiana on more serious charges that he engaged in economic espionage in sharing some of Dow’s insecticide secrets with Chinese researchers."
  • "Over the last year and a half, charges involving the theft of trade secrets have been filed against former engineers from General Motors and Ford Motor. Scientists at DuPont and Valspar, a Minnesota paint company, recently pleaded guilty to stealing their employers’ secrets after taking jobs in China."
  • "Justice Department officials said he sold the secrets for more than $500,000 and was negotiating to sell them for $4 million before authorities uncovered the scheme."
  • "The government presented evidence that after Mr. Liu left the company, he paid the $50,000 bribe to a Dow worker to obtain a manual describing Dow’s process for making the polymer."
  • Misconduct, Law Enforcement, China


Gross, Jenny, "South African appears in court on terror charges," February 14, 2011. AP [24]

  • "... Brian Roach, ... The 64-year-old Roach, who owns an engineering firm outside Johannesburg, appeared in a Johannesburg court Monday after his arrest Saturday on terror charges."
  • "'We have the expertise and resources to do this very effectively and will be able to devastate the industry in the U.K. which will cost billions to the economy,' Roach wrote in an e-mail to the British government. 'We will devastate your farms and then we will then take the problem to your coconspirator the USA.'"
  • "On Oct. 6, Roach wrote in an e-mail: 'We are not habitual criminals but have been victim of a situation which was entirely out of our control and attributed to corrupt and incompetent politicians.'"
  • "Police charged Roach with terrorist activity and money laundering. The gray-haired man, married with four grown children, appeared briefly in court Monday, wearing glasses and a black fleece jacket.
  • "Police searched Roach's home and other sites, but found no evidence he would have been capable of carrying out his threats."
  • Bioterrorism, Africa, U.K., Law Enforcement


Shane, Scott, "Expert Panel Is Critical of F.B.I. Work in Investigating Anthrax Letters," February 15, 2011.[25] last checked February 16, 2011.

  • "A review of the Federal Bureau of Investigation’s scientific work on the investigation of the anthrax letters of 2001 concludes that the bureau overstated the strength of genetic analysis linking the mailed anthrax to a supply kept by Bruce E. Ivins, the Army microbiologist whom the investigators blamed for the attacks."
  • "The review, by a panel convened by the National Academy of Sciences, says the genetic analysis “did not definitively demonstrate” that the mailed anthrax spores were grown from a sample taken from Dr. Ivins’s laboratory at Fort Detrick in Frederick, Md. It does add, however, that the evidence is “consistent with and supports an association” between Dr. Ivins’s flask and the attack anthrax."
  • "The F.B.I. 'has long maintained that while science played a significant role, it was the totality of the investigative process that determined the outcome of the anthrax case,' the statement said. It said Dr. Ivins 'was determined to be the perpetrator of the deadly mailings.'”
  • "In an interview, three investigators who spent years on the case expressed frustration with the academy’s findings but said the report raised no questions that change the conclusion about Dr. Ivins. The investigators, who were not authorized to speak on the record, said the academy report merely underscored the difference between pure science and the reality of gathering evidence in a criminal case."
  • "Dr. Ivins’s guilt has been adamantly denied by many of his colleagues at the United States Army Medical Research Institute of Infectious Diseases, where he was seen as an eccentric but popular character. The academy’s report is likely to renew claims by the F.B.I.’s critics that the bureau merely took advantage of Dr. Ivins’s suicide to close the case."
  • "The academy report calls for another look at tests that indicated the possible presence of anthrax at a primitive lab used by Al Qaeda; the report does not give its location, but such a lab was found in Afghanistan after the American invasion. The anthrax investigators said an exhaustive review, including interviews with Qaeda operatives who used the facility, found no evidence that it was capable of producing the anthrax powder in the mailings."
  • Anthrax, Law Enforcement, al-Qaeda, Afganistan, Personnel Reliability


Stewart, Linda, “Attempt to Infect Herd with Dead Calf Probed,” Belfast Telegraph, March 5, 2011, p. 8.

  • “Criminals have attempted to infect a herd of cattle with a virulent livestock disease by dumping part of a calf carcass in silage that was being used to feed heifers in Co Armagh.”
  • ”Department of Agriculture and Rural Development vets have joined forces with police to investigate, as the calf leg that was found may have been infected with brucellosis and could pass the disease on to the heifers.”
  • ”Police were called in last year following a spate of sinister incidents. An infected calf foetus was left at the home of a department official, while another was found slashed open and sprinkled with cattle feed near a feeding trough at a Co Armagh farm.”
  • ” The calf carcass has been submitted to the AFBI laboratory for DNA testing. The cattle that may have come into contact with the carcass will also be tested for brucellosis.”
  • ” There have been several incidents in Armagh in the last year that have led to local hotspots of disease.”
  • Brucellosis, Law Enforcement, Northern Ireland, Zoonotic


Overbye, Dennis, "Physicist’s Jailing Is Veiled in Mystery," NYT March 14, 2011,[26] Last checked March 24, 2011.

  • "When Adlène Hicheur, a French-Algerian physicist working on antimatter at CERN’s enormous particle collider outside Geneva, was arrested on Oct. 8, 2009, on suspicion of conspiring with an Algerian branch of Al Qaeda, fears of doomsday plots rippled through the tabloid press."
  • "Last fall, the Swiss government closed its investigation of Dr. Hicheur, saying it had found no evidence of wrongdoing, but in France, Dr. Hicheur’s detention was extended. Last month, it was extended again, by four months. Press officers for France’s interior minister, Claude Guéant, did not respond to telephone and e-mail requests for comment on the case."
  • "So, more than 500 days after his arrest, Dr. Hicheur, now 34, remains in preventive detention in a Paris prison without having been charged with any crime. Nor, say his lawyers and his family, has any evidence been produced that he did anything more than browse Islamic political Web sites. No trial has been scheduled."
  • "After months of silence, Dr. Hicheur’s family and colleagues have recently begun to speak out, urging his release. The issue, they say, is a simple matter of human rights. The long incarceration has turned Dr. Hicheur’s life into a Kafka novel, they say, and is endangering his physical and mental health, as well as his career and his family."
  • "Under French law, a person suspected of terrorist connections can be held in “provisional detention” for up to four years, depending on the nature of the alleged offense, without being charged or tried. Dr. Hicheur could be detained for up to two years, according to his lawyer, Dominique Beyreuther-Minkov."
  • "Nearly 100 scientists, including Jack Steinberger of CERN, winner of a Nobel Prize in Physics, signed a letter to the French president, Nicolas Sarkozy, in December. They wrote, “It seems to us that there is no justification for the prolonged detention, of almost 14 months so far, of Dr. Adlène Hicheur, an internationally recognized scientist, held in much esteem by his colleagues.”
  • "The unusual thing about Dr. Hicheur’s case, say his friends and supporters, is that it is happening to a scientist."
  • "After obtaining his Ph.D. under Dr. Lees at the Annecy laboratory, for work done partly at the SLAC National Accelerator Laboratory at Stanford, Dr. Hicheur worked at the Rutherford Appleton Laboratory in Britain and then joined the Laboratory for High Energy Physics at the École Polytechnique Fédérale de Lausanne in Switzerland. There, he is part of a team that operates LHCb, one of the giant particle detectors on CERN’s Large Hadron Collider."
  • "Dr. Hicheur was arrested at his parents’ apartment in Vienne just as he was about to travel to Sétif to meet with a contractor about building a house on land he had recently bought there, and for which he had transferred about $18,000 to Algeria, his brother said. He was also planning to meet with physicists at the University of Sétif as part of a long-range goal to establish research collaborations with physicists in Algeria."
  • "According to news reports, Dr. Hicheur had been under surveillance for a year and had been in Internet contact with Al Qaeda in the Islamic Maghreb, Al Qaeda’s North African affiliate. Shortly after the arrest, a French police official told Le Monde that Dr. Hicheur had planned to attack a military base in Annecy that is home to an elite force that had recently left for Afghanistan. The French authorities have been silent ever since."
  • Law Enforcement, al-Qaeda, Scientist, Physics, France, Law


Shane, Scott, "Panel on Anthrax Inquiry Finds Case Against Ivins Persuasive," NYT, March 23, 2011[27]. Last checked 3/23/11. Link to report [28]

  • "A panel of psychiatrists who studied the medical records of Bruce E. Ivins found that the F.B.I.’s case that he mailed the anthrax letters in 2001 was persuasive, and that Dr. Ivins’s history of mental problems should have disqualified him from getting a security clearance or working with dangerous pathogens."
  • "Dr. Ivins, an Army microbiologist, killed himself in 2008 as prosecutors prepared to charge him. Without a trial, the independent panel’s review of all the F.B.I.’s investigative documents may be the closest the case will come to being decided."
  • "Some colleagues at the Army’s biodefense center at Fort Detrick, Md., have questioned the government’s conclusion that Dr. Ivins was responsible for the anthrax letters, regarded as the first major bioterrorist attack in American history."
  • "'To most of his colleagues and acquaintances, Dr. Ivins was an eccentric, socially awkward, harmless figure, an esteemed bacteriologist who juggled at parties, played the keyboard at church and wrote clever poems for departing colleagues,” the report said. “That is precisely how Dr. Ivins wanted them to see him. He cultivated a persona of benign eccentricity that masked his obsessions and criminal thoughts.'”
  • "The panel found that Dr. Ivins carried out the attacks to get 'revenge' against an array of perceived enemies, including Senators Tom Daschle and Patrick J. Leahy and several news media organizations, as well as 'to elevate his own significance.'”
  • "The anthrax letters, mailed to news organizations and the two senators in the weeks after the terror attacks of Sept. 11, 2001, killed five people and sickened at least 17 others. Contamination shut down much of the postal system, drove members of Congress and Supreme Court justices from their offices and touched off a national panic about the danger posed by invisibly tiny anthrax spores."
  • Anthrax, Personnel Reliability, Law Enforcement


Editors, Associated Press, "Swedish man caught trying to split atoms at home," August 3, 2011. [29], last checked 8/17/11.

  • "A Swedish man who was arrested after trying to split atoms in his kitchen said Wednesday he was only doing it as a hobby.

Richard Handl told The Associated Press that he had the radioactive elements radium, americium and uranium in his apartment in southern Sweden when police showed up and arrested him on charges of unauthorized possession of nuclear material."

  • "The 31-year-old Handl said he had tried for months to set up a nuclear reactor at home and kept a blog about his experiments, describing how he created a small meltdown on his stove."
  • "Only later did he realize it might not be legal and sent a question to Sweden's Radiation Authority, which answered by sending the police."
  • ""I have always been interested in physics and chemistry,' Handl said, adding he just wanted to 'see if it's possible to split atoms at home.' The police raid took place in late July, but police have refused to comment. If convicted, Handl could face fines or up to two years in prison.
  • "Although he says police didn't detect dangerous levels of radiation in his apartment, he now acknowledges the project wasn't such a good idea. 'From now on, I will stick to the theory,' he said."
  • Nuclear, Hacker, Open Science, Law Enforcement


Wools, Daniel, “Spain: Student plotted attack on anti-Pope crowd,” AP, Chicago Sun-Times, August 17, 2011,[30] last checked 8/17/11

  • ”A young chemistry student working as a volunteer to prepare a visit by the Pope to Madrid has been arrested on suspicion of planning a gas attack targeting protesters opposed to the pontiff’s stay, officials said Wednesday."
  • "A police official said the suspect arrested in Madrid on Tuesday is a 24-year-old Mexican student specializing in organic chemistry. She would not say whether investigators believe the man was actually capable of carrying out a gas attack, and did not know if the man actually had chemicals for one."
  • "An official with the visit’s organizing committee said the Mexican was a volunteer working to help deal with the massive flow of people coming to Madrid."
  • "The Mexican Embassy identified the detainee as Jose Perez Bautista and said he was from Puebla state, near Mexico City."
  • "The court official — speaking on condition of anonymity in line with court policy — said the detainee had been making threats over the Internet against people in Spain opposed to the Pope’s visit, and police who’d been monitoring his online activity ultimately decided to arrest him as the visit approached."
  • "Police said in a statement released Tuesday night that officers who searched the detainee’s apartment in a wealthy district of Madrid seized an external hard-drive and two notebooks with chemical equations that had nothing to do with his studies. It said he tried to recruit people via the Internet to help him, and that a computer allegedly used for this purpose was among objects seized by police."
  • "The man had planned to attack anti-Pope protesters with 'suffocating gases' and other chemicals, the statement said. But it did not mention police having confiscated chemicals that could be used in an attack."
  • "The suspect was in Madrid studying with Spain’s top government research body, the Spanish National Research Council and his office there was searched, the police statement said. The council confirmed the arrest but gave no immediate details on the Mexican."
  • "Protesters complain the government is essentially spending taxpayer’s money on the visit by granting tax breaks to corporate sponsors and perks such as discount subway and bus tickets for pilgrims."
  • Chemical, Scientist, Law Enforcement, Spain, Mexico


Editors, “Militia Members Plead Innocence on Bioterror Charges,” Global Security Newswire, November 10, 2011 [31] Last Checked November 15, 2011

  • “They planned to produce and disseminate a deadly biotoxin in attacks aimed at undermining federal and state governments.”
  • “ Assistant U.S. Attorney Robert McBurney said the accused had gone as far as surveying potential government targets in Atlanta and taking steps to generate ricin -- a deadly toxin for which there is no known antidote.”
  • “If found guilty of the charges, the four men could face prison sentences of over 10 years.”
  • “Ray Adams and Samuel Clump denied they had plotted to generate ricin from castor beans.”
  • Ricin, Public Health, Drug Resistance. Law Enforcement


Editors, “Georgia Militia Members to Seek Bail Release,” Global Security Newswire, November 16, 2011 [32] Last Check November 16, 2011

  • “A container of castor beans seized from the house subsequently tested positive for the presence of ricin.”
  • “‘Prior to that there had been a lot of talk. Once we determined they had the main ingredient, it significantly increased our concern,’ FBI Atlanta office domestic terrorism supervisor Doug Korneski said.”
  • “Recordings were aired in court on Tuesday of the men talking together about their desire to kill government officials.”
  • “ Samuel Crump and Ray Adams are accused of taking steps to produce ricin, which is derived from castor beans, is lethal in trace amounts and has no known antidote.”
  • “The four elderly Georgia men accused of scheming to build crude bombs and develop deadly biological toxins for use in attacks against government officials are scheduled on Wednesday to submit in federal court a request to be released on bail.”
  • Ricin, Drug Resistance, Law Enforcement, Public Health


Baker, Al, "When the police go military," New York Times, December 3, 2011, [33], Last Checked February 4, 2012.

  • ”Lately images from Occupy protests streamed on the Internet — often in real time — show just how readily police officers can adopt military-style tactics and equipment, and come off more like soldiers as they face down citizens. Some say this adds up to the emergence of a new, more militaristic breed of civilian police officer.”
  • ”Both wars — first on drugs, then terror — have lent police forces across the country justification to acquire the latest technology, equipment and tactical training for newly created specialized units."
  • “And then the problem is, if you have those kinds of specialized units, that you hunt for appropriate settings to use them and, in some of the smaller police departments, notions of the appropriate settings to use them are questionable."
  • ”The Posse Comitatus Act of 1878 generally bars the military from law enforcement activities within the United States. But today, some local and city police forces have rendered the law rather moot. They have tanks — yes, tanks, often from military surplus, for use in hostage situations or drug raids — not to mention the sort of equipment and training one would need to deter a Mumbai-style guerrilla assault."
  • ”More disturbing than riot gear or heavy-duty weapons slung across the backs of American police officers is a ‘militaristic mind-set’ creeping into officers’ approach to their jobs, said Timothy Lynch, director of the criminal justice project at the Cato Institute, a libertarian think tank."
  • ”’What is most worrisome to us is that the line that has traditionally separated the military from civilian policing is fading away,’ Mr. Lynch said. ‘We see it as one of the most disturbing trends in the criminal justice area — the militarization of police tactics.’ "
  • ”Police officials insist they are not becoming more militarized — in their thinking or actions — but merely improving themselves professionally against evolving threats. This is the way to protect citizens and send officers home alive at the end of shifts in an increasingly dangerous world, they say."
  • ”Now the Occupy movement and highly publicized official responses to it are forcing the public to confront what its police forces have become."
  • Law Enforcement, Posse Comitatus Act, Emergency Response


Editors, “France admits lapses after breach of nuke reactor security” CNN. Dec. 6th,2011. [34]

  • “Interior Minister M. Claude Gueant said there have been lapses in the nuclear plant's security system and has ordered a search of all nuclear plants, a spokesman for the ministry told CNN.”
  • “"This action shows how vulnerable the French nuclear centrals are: Peaceful activists have managed with a few means, to reach the heart of the nuclear central!”
  • Biosecurity, Biodefense, Public Health, Law Enforcement


Jordans, Frank, “Swiss charge 3 men in nuclear smuggling case,” Associated Press, 12/13/2011 last checked 12/14/11.

  • ”Three Swiss engineers — a father and his two sons — have been charged with breaking arms export laws by aiding a Pakistani-led nuclear smuggling ring that supplied Libya's atomic weapons program, prosecutors said Tuesday.”
  • ”Urs Tinner, 46, his brother Marco, 43, and their father Friedrich, 74, are accused of providing technology and know-how to the nuclear smuggling network of Abdul Qadeer Khan, the architect of Pakistan's nuclear weapons program, the federal prosecutors office in Bern said in a statement.”
  • ” Prosecutors said the Tinners have agreed to ask for a shortened legal procedure, under which defendants admit the basic charges against them but face no more than five years in prison.”
  • ”If judges at the Federal Criminal Tribunal agree, politically sensitive aspects of the investigation likely won't be publicly aired as further evidence gathering — and therefore cross-examination — would be excluded in court.”
  • ” An unidentified fourth defendant who prosecutors said played a subordinate role will be charged in a separate legal proceeding with breaking Swiss arms exports laws.”
  • ” Urs Tinner, who was released on bail in December 2008 after almost five years in investigative detention, claimed in a 2009 interview with Swiss TV station SF1 that he had tipped off U.S. intelligence about a delivery of centrifuge parts meant for Libya's nuclear weapons program. The shipment was seized at the Italian port of Taranto in 2003, forcing Libya to admit and eventually renounce its efforts to acquire nuclear weapons.”
  • ” In 2007, the Swiss government ordered evidence in the case destroyed, citing national security concerns. The decision prompted outrage in Switzerland and accusations that the government had acted under pressure from Washington.”
  • Law Enforcement, Nuclear, WMD, Export Control, Switzerland


Staff Writers, AFP, Space War.com, "Swiss charge three in nuclear weapons case," 12/13/2011, AFP, [35] last checked 12/14/2011.

  • ”’Based on the admissions made by the Tinner brothers and their father and at their request, the Office of the Attorney-General (OAG) in November 2011 ruled that accelerated proceedings should be conducted,’ said the prosecutors office.”
  • "’In the indictment, the accused and the OAG request that the court return verdicts of guilty in relation to offences under the War Material Act and against one of the sons for forgery of documents.’"
  • ” The brothers spent three-and-a-half years in pre-trial custody before being released in December 2008 and January 2009. Their father had been earlier released in 2006, according to prosecutors.”
  • ” The men were suspected of helping Tripoli develop centrifuges to enrich uranium from 2001 to 2003 and collaborating with Khan, but in Tuesday's statement, Swiss prosecutors did not name Libya in its charges but referred only to an ‘unknown state.”"
  • ”Newspaper reports claimed the family were later recruited by the CIA to help halt Libya from gaining nuclear capability.”
  • ” Libya agreed to abandon its nuclear weapons plans in 2003 under pressure from the West.”
  • Law, Export Control, Law Enforcement, Libya, Nuclear, Switzerland


Heilprin, John, “3 Swiss to avoid trial in nuclear case,” AP, 12/13/2011 [36] last checked 12/14/2011.

  • ” A spokeswoman for the federal prosecutors, Walburga Bur, has previously told AP that a shortened procedure was possible under which the Swiss engineers admit the basic charges against them but face no more than five years imprisonment. Normally, anyone who breaks Swiss laws banning the export of nuclear material faces up to 10 years imprisonment.”
  • ”Urs Tinner, who like his brother and father has been released on bail pending charges, claimed in an 2009 interview with Swiss TV station SF1 that he had worked with U.S. intelligence. He said he had tipped off the CIA about a delivery of centrifuge parts meant for Libya's nuclear weapons program.”
  • ” The shipment was seized at the Italian port of Taranto in 2003, which forced Libya to admit and eventually renounce its efforts to acquire nuclear weapons, and helped expose Khan's smuggling ring.”
  • Export Control, Law Enforcement, Switzerland, Italy, Libya


Yoon-mi, Kim, “Nuke summit to discuss everyday radioactivity,” Korea Herald, Dec. 13, 2011[37] Last checked 12/27/11

  • ” The upcoming 2012 Seoul Nuclear Security Summit’s agenda will include how to ensure the safety and security of radioactive materials widely used in people’s daily lives, a government official said Tuesday.”
  • ” Korea will host the summit on March 26-27 as a continuation from the first nuclear security summit in April 2010, led by U.S. President Barack Obama, to prevent nuclear materials falling into the hands of terrorists.”
  • ”“’Terrorism using nuclear materials such as highly enriched uranium and plutonium would have a massive impact, but the probability is low. While terrorism using radioactive materials, widely used in hospitals, would have a smaller impact but the probability is high,’ a foreign ministry official said.”
  • ” Fifty-one leaders ― 47 heads of state and the heads of the U.N., IAEA, EU and Interpol ― are expected to attend the 2012 Seoul Nuclear Security Summit.”
  • ” President Lee Myung-bak repeatedly has said he welcomes Pyongyang to join the summit in March if it shows the international community its sincerity about giving up its nuclear ambitions.”
  • ”South Korea’s hosting of the nuclear security summit, inviting 47 national leaders, will positively impact the security of the Korean Peninsula, the ministry official said.”
  • Nuclear, South Korea, North Korea, Law Enforcement, Dual Use

2012

Markon, Jerry, “Case turns the Justice Dept. on itself,” Washington Post, P. A3, January 29, 2012.

  • ” In documents deep in the files of a recently settled Florida lawsuit, Justice Department civil attorneys contradicted their own department's conclusion that Ivins was unquestionably the anthrax killer. The lawyers said the type of anthrax in Ivins's lab was "radically different" from the deadly anthrax. They cited several witnesses who said Ivins was innocent, and they suggested that a private laboratory in Ohio could have been involved in the attacks.”
  • ” The documents were filed in a lawsuit over the October 2001 death of Robert Stevens, a Florida photo editor. His survivors accused the government of negligence for experimenting with anthrax at Fort Detrick; the case lingered in court until the Justice Department settled it in November.”
  • ” Justice Department prosecutors and FBI officials said they stand firmly behind their conclusions that Ivins prepared and mailed the anthrax-laced letters, which killed five people and terrified the nation just after Sept. 11, 2001. They said the civil filings were legal hypotheticals designed to shield the government from a negligence lawsuit filed by the family of an anthrax victim.”
  • ”The Justice Department initiated settlement discussions in August, about a month after filing its controversial motions, according to people familiar with the discussions. The settlement, finalized Nov. 28, paid $2.5 million to the Stevens family.”
  • ”Federal officials denied any relationship between their filings and the settlement and characterized it as a victory, since the family initially sought $50 million and the government did not admit liability.”
  • ”Byrne said Ivins didn't have the technical skill to make the extremely fine powder and both said the Fort Detrick lab's equipment could not have dried the anthrax so it could be turned into powder without contaminating parts of the facility.”
  • ”Vincent B. Lisi, assistant special agent in charge of the FBI's Washington Field Office, said in an interview that Ivins, one of the nation's most respected anthrax experts, "absolutely had the ability" to make the deadly spores and that experiments by FBI scientists showed there would have been no contamination.”
  • ” Katy Delaney, a spokeswoman for Battelle, did not respond directly to the government filings, but said ‘the Stevens case against Battelle was dismissed and the [criminal] investigation of Battelle has been closed.’"
  • Anthrax, Law, Law Enforcement, Lab Security, Attribution


“Infrared Military Technology to South Korea,” Department of Justice, p. 2, January, 2012. [38] Last Checked 2/15/2012.

  • ”On Dec. 20, 2011, EO System Company, Ltd, located in Inchon, South Korea, and defendants Seok Hwan Lee, Tae Young Kim and Won Seung Lee, all citizens and residents of South Korea, were indicted in the Northern District of Ohio on five counts of illegally exporting defense articles to South Korea.”
  • ”The defendants caused to be exported five infrared focal plan array detectors and infrared camera engines, which are classified as defense articles on the U.S. munitions list, from the United States to South Korea without the required State Department license.”
  • ”As part of the same investigation, on Jan. 20, 2011, Kue Sang Chun, a former longtime employee at the NASA Glenn Research Center in Ohio and resident of Avon Lake, Ohio, pleaded guilty in the Northern District of Ohio to one count of violating the Arms Export Control Act.”
  • ”Chun illegally exported several infrared focal plane array detectors and infrared camera engines to South Korea for use in Korean government projects between March 2000 and November 2005. Chun entered into a contract with a Korean company to design, build and text electronics to support the items he was exporting.”
  • Export Control, Law Enforcement, State Department. Homeland Security


µµ Connor, Steve, "Government 'may sanction nerve-agent use on rioters', scientists fear", 7 February 2012, TheIndependent.co.uk, [39], Last Checked 12 February 2012.

  • "Leading neuroscientists believe that the UK Government may be about to sanction the development of nerve agents for British police that would be banned in warfare under an international treaty on chemical weapons."
  • "A high-level group of experts has asked the Government to clarify its position on whether it intends to develop "incapacitating chemical agents" for a range of domestic uses that go beyond the limited use of chemical irritants such as CS gas for riot control. The experts were commissioned by the Royal Society, the UK's national academy of sciences, to investigate new developments in neuroscience that could be of use to the military. They concluded that the Government may be preparing to exploit a loophole in the Chemical Weapons Convention allowing the use of incapacitating chemical agents for domestic law enforcement."
  • "The 1993 convention bans the development, stockpiling and use of nerve agents and other toxic chemicals by the military but there is an exemption for certain chemical agents that could be used for "peaceful" domestic purposes such as policing and riot control. The British Government has traditionally taken the view that only a relatively mild class of irritant chemical agents that affect the eyes and respiratory tissues, such as CS gas, are exempt from the treaty, and then only strictly for use in riot control."
  • "But the Royal Society working group says the Government shifted its position to allow the development of more severe chemical agents, such as the type of potentially dangerous nerve gases used by Russian security forces to end hostage sieges. "The development of incapacitating chemical agents, ostensibly for law-enforcement purposes, raises a number of concerns in the context of humanitarian and human-rights law, as well as the Chemical Weapons Convention (CWC)," the report says."
  • ""The UK Government should publish a statement on the reasons for its apparent recent shift in position on the interpretation of the CWC's law enforcement position." The Royal Society group points to a 1992 statement by Douglas Hogg, the then Foreign Office Minister, who indicated that riot-control agents were the only toxic chemicals that the UK considered to be permitted for law-enforcement purposes. But in 2009 ministers gave a less-restrictive definition suggesting the use of "incapacitating" chemical agents would be permitted for law-enforcement purposes as long as they were in the categories and quantities consistent with that permitted purpose."
  • Chemical, CWC, Law Enforcement, U.K.


Shane, Scott, "Radical U.S. Muslims Little Threat, Study Says," [40] NYT, February 8, 2012, A10.

  • "A feared wave of homegrown terrorism by radicalized Muslim Americans has not materialized, with plots and arrests dropping sharply over the two years since an unusual peak in 2009, according to a new study by a North Carolina research group."
  • "The study, to be released on Wednesday, found that 20 Muslim Americans were charged in violent plots or attacks in 2011, down from 26 in 2010 and a spike of 47 in 2009."
  • "Forty percent of those charged in 2011 were converts to Islam, Mr. Kurzman found, slightly higher than the 35 percent of those charged since the 2001 attacks. His new report is based on the continuation of research he conducted for a book he published last year, 'The Missing Martyrs: Why There Are So Few Muslim Terrorists.'”
  • "The upsurge in domestic plots two years ago prompted some scholars of violent extremism to question the conventional wisdom that Muslims in the United States, with higher levels of education and income than the average American, were not susceptible to the message of Al Qaeda."
  • "The string of cases fueled wide and often contentious discussion of the danger of radicalization among American Muslims, including Congressional hearings led by Representative Peter T. King, a Long Island Republican and chairman of the House Committee on Homeland Security."
  • "But the number of cases declined, returning to the rough average of about 20 Muslim Americans accused of extremist violence per year that has prevailed since the 2001 attacks, with 193 people in that category over the decade. By Mr. Kurzman’s count, 462 other Muslim Americans have been charged since 2001 for nonviolent crimes in support of terrorism, including financing and making false statements."
  • "'Fortunately, very few of these people are competent and very few get to the stage of preparing an attack without coming to the attention of the authorities,' Mr. Kurzman said."
  • Terrorist Offender, Law Enforcement, Homeland Security, al-Qaeda


Russell, George, “UN computer shipment to North Korean regime violates US manufacturer’s ban,” FoxNews.com, April 17, 2012. [41] Last Checked 5/2/12.

  • “A United Nations agency that quietly shipped computers and computer servers to North Korea several months ago apparently was violating restrictions on the equipment’s use imposed by Hewlett-Packard, the U.S.-based maker of the computers and computer servers, which bars any HP equipment from being sent to the communist dictatorship as part of its supplier agreements.”
  • "News of the under-the-radar computer shipment -- and now, the revelation that it was delivered in violation of the manufacturer’s rules -- comes on the crest of heightened tensions between the UN Security Council and the nuclear-ambitious, rogue North Korean regime."
  • “The WIPO legal memo made no mention of contact with or notification of UN sanctions committees that monitor the restrictions on North Korea before the shipment was delivered.”
  • “The most recent Security Council resolution, passed in June 2009, specifically calls on “all States, relevant United Nations bodies and other interested parties, to cooperate fully” with the sanctions committee and its panel of experts, “in particular by supplying any information at their disposal on the implementation of the measures imposed by resolution 1718 (2006) [the previous sanctions measure] and this resolution.”
  • “The Security Council -- currently headed by U.S. Ambassador to the UN Susan Rice – is to announce additional sanctions covering new “entities and items” within the next two weeks.
  • Export Control, Law Enforcement, U.S. Foreign Policy


Wong, Pauline, “Bioweapons Bill with AG by year-end,” The Sunday Daily, 4/25/2012, [42] last checked June 26, 2012.

  • ” The proposed Bioweapons Bill, which is aimed at safeguarding the country against germ and chemical warfare, will be presented to the Attorney-General's Chambers by year-end. “
  • ”’We will be going into the details (of the bill) and seek opinions from the related agencies and parties. It has been drafted, now it's the feedback stage,’ Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi told theSun today. However, he did not elaborate on the contents of the bill.”
  • ”Zahid had last June, during the Biosecurity, Biosafety and Biodefence International Congress 2011, said the bill would be the focus of the ministry for the year, and that the congress would help kickstart the ministry's efforts to seek expert opinion.”
  • ”The ministry's Science and Technology Institute for Defence director-general Datuk Dr Abdul Ghaffar Ramli previously said the bill's main purpose is to ensure no party will be able to make, or harbour biochemical materials here with the intention of using them for mass harm.”
  • ”’There is a world concern about the proliferation of biological weapons. This is seen as a poor-man's weapon of mass destruction as the equipment to create these weapons are becoming cheaper and smaller.”
  • ”Ghaffar said Malaysia has been a signatory to the Biological Weapons Convention since 1972, but the Convention has not seen a great involvement from Malaysia nor the world community.”
  • ”If the bill is passed in the future, even research facilities and university laboratories will be subjected to inspection for possible dangerous biochemical materials, and some may have to be licensed or audited, Ghaffar said.”
  • UNSCR 1540, Malaysia, Law Enforcement


Savage, Charlie “Holder Directs U.S. Attorneys to Track Down Paths of Leaks,” NYT, June 8, 2012. [43] last checked 6/9/12

  • ”Attorney General Eric H. Holder Jr. on Friday assigned two United States attorneys to lead separate criminal investigations into recent disclosures to the news media of national security secrets, saying they were authorized to ‘follow all appropriate investigative leads within the executive and legislative branches of government.’”
  • ”Earlier Friday, President Obama declared that the White House had not been behind the recent leaks and vowed to prosecute the people responsible for disclosing classified information if they could be identified.”
  • ”The Obama administration has already compiled an aggressive record of prosecuting people accused of leaking national security secrets. It has brought six such cases, compared with three under all previous presidents combined.”
  • ”The recent disclosures included the revelation that a plot by the Yemen branch of Al Qaeda to bomb an airliner had been foiled because of penetration by a double agent, details about the joint American-Israeli computer virus called Stuxnet that sabotaged Iran’s nuclear centrifuges, and an account of Mr. Obama’s role in approving a ‘kill list’ of terrorism suspects for drone strikes.”
  • ”“It is difficult to escape the conclusion that these recent leaks of highly classified information, all of which have the effect of making the president look strong and decisive on national security in the middle of his re-election campaign, have a deeper political motivation,” said Senator John McCain of Arizona, the ranking Republican on the Senate Armed Services Committee and Mr. Obama’s 2008 presidential campaign opponent, this week.”
  • ” While still accountable to the attorney general, a special counsel has greater day-to-day independence. During the Bush administration, for example, Patrick J. Fitzgerald, the United States attorney in Chicago, was appointed special counsel to investigate the disclosure of the identity of Valerie Plame Wilson, a Central Intelligence Agency operative, and eventually charged Vice President Dick Cheney’s top aide, I. Lewis Libby Jr., with perjury.”
  • ” In comments to several news outlets earlier this week, Dean Baquet, managing editor of The Times, said the newspaper’s reporters had come by the information through “tons and tons of reporting” over the course of months, not handouts. He also said the newspaper had told officials about its findings ahead of their publication and withheld some technical details about the Stuxnet operation at their request..”
  • Classified, Information Policy, Law Enforcement, Cybersecurity, Iran, Al-Qaeda


Auyezov, Olzhas. "Moldova says it detains uranium dealers from rebel region." Chicago Tribune. September 21, 2012[44]

  • "Moldovan police have detained seven suspected members of a group that traded firearms and uranium, operating in the separatist Transdniestria region…"
  • "…numerous cases involving shipments of hand grenades, TNT blocks, Kalashnkikov assault rifles, rocket-propelled grenade (RPG) launcher charges and containers with radioactive uranium-235…"
  • "…sold Kalashnikovs for $2,000 and RPG charges for 200 euros but provided no details about the alleged uranium deals or the origins of the nuclear fuel."
  • "In May, a Moldovan court convicted three people of illegal trafficking of uranium-235, which can be used in making nuclear weapons."
  • "The Chisinau government has long accused Transdniestria of being a "black hole" for smuggling arms, cigarettes and other contraband…"

Nonproliferation, Nuclear, Moldova, UNSCR 1540


Buettner, Russ, “Court Rules Gang Crime Falls Short of Terrorism,” NYT, Dec 12, 2012, A32. [45] Last Checked December 23, 2012

  • ” New York State's highest court on Tuesday ruled that the Bronx district attorney's office erred in trying to use a state terrorism charge to prosecute street gangs. “
  • ”The office of Robert T. Johnson, the Bronx district attorney, had argued that Mr. Morales's gang, the St. James Boys, met the somewhat vague definition of ‘'terror’' in the state statute because it sought to intimidate or coerce the entire Mexican-American population around St. James Park.”
  • ”The gang robbed restaurant patrons, fired shots into crowds, beat and harassed strangers and slashed rivals with knives, according to the original indictment.”
  • ”In a unanimous decision, the six judges on the top court ruled that adopting the prosecution's broad definition would allow other prosecutors to ‘'invoke the specter of 'terrorism' every time a Blood assaults a Crip or an organized crime family orchestrates the murder of a rival syndicate's soldier.’
  • '’'But the concept of terrorism has a unique meaning and its implications risk being trivialized if the terminology is applied loosely in situations that do not match our collective understanding of what constitutes a terrorist act,’' the judges held, in a decision written by Judge Victoria A. Graffeo.”
  • ”Mr. Morales was the first person charged and convicted under the state terrorism law, which was created after the attacks of Sept. 11, 2001. Most terrorism cases are prosecuted in federal courts. Last week, a Queens man, Ahmed Ferhani, pleaded guilty under the state terrorism statute to plotting to blow up a synagogue in Manhattan.”
  • ”… Mr. Morales's lawyer's contention that the terror charge allowed prosecutors to introduce evidence of purported other crimes by gang members that may have influenced jurors and would not have been otherwise admissible.”
  • Law, Law Enforcement, Homeland Security


Alvarez, Lizette, “Details Are Revealed in Brothers’ Terror Case,” NYT December 18, 2012, [46] Last checked December 22, 2012

  • ” One of two brothers accused of conspiring to use weapons of mass destruction traveled to New York City last month to scout targets for his plan to set off a bomb, a federal prosecutor said in court on Tuesday.”
  • ”Raees Alam Qazi, 20, the younger brother, pedaled around New York City on a bicycle over Thanksgiving weekend trying to pick a site but never selected one, the prosecutor, Karen Gilbert, said.”
  • ”Mr. Qazi and his brother were arrested on Nov. 29 because agents believed there was ‘an immediate threat,’ the prosecutor said. For this reason, he was questioned without being read his Miranda rights against self-incrimination. A federal agent said later in the hearing that no specific attack had been in the works.”
  • ”Mr. Qazi and his brother, Sheheryar Alam Qazi, 30, also have been charged with conspiracy to provide material support to terrorists. Both men are naturalized United States citizens of Pakistani descent, and lived for years in Broward County. They have pleaded not guilty.”
  • ”In arguing for his detention, Ms. Gilbert told the judge that Mr. Qazi ‘was reaching out to Al Qaeda,’ and ‘is a danger to this community.’”
  • ”In their search of Mr. Qazi’s house, federal agents said, they found batteries taped together, stripped Christmas light wire and a magazine, Al Qaeda Inspire, with an article on how to make a detonator using Christmas lights. One article carried the headline ‘Make a bomb in the kitchen of your mom.’ … they found parts of a remote control car that Ms. Gilbert and an F.B.I. special agent said could be used to blow up a bomb remotely.”
  • ”Agents also seized Mr. Qazi’s computer and found searches for PETN, ... Agents said Mr. Qazi had told them that he tried to make a bomb at his home but did not succeed.”
  • ”Mr. Ecarius {Mr. Qazi’s lawyer} also questioned whether there was truly a ‘specific attack.’ An F.B.I. special agent, Kristine Holden, responded in court that ‘he didn’t specifically plan one.’”
  • "Federal agents offered up multiple recorded phone conversations between the defendants and two confidential informers. In one recorded conversation, Mr. Qazi’s brother described him as a ‘lone wolf.’ In another, Mr. Qazi’s sister-in-law complained about Mr. Qazi. … ‘it’s nice that he’s going to do jihad, but he still has to pay rent and help out.’”
  • Law, Law Enforcement, Homeland Security, Terrorist Offender, al-Qaeda, Pakistan


Secret, Mosi, “Three Men Appear in Court in Mysterious Terror Case, NYT, December 21, 2012, [47] Last checked 12/21/12

  • ” Three men appeared in Federal District Court in Brooklyn on Friday on charges that they had trained to be suicide bombers with a Somali terrorist group.”
  • ”The defendants, Ali Yasin Ahmed, 27, Mahdi Hashi, 23, and Mohamed Yusuf, 29, were arrested in August by authorities in Africa while going to Yemen. They are accused of participating in weapons and explosives training with Al Shabab, a United States-designated terrorist group linked to Al Qaeda, during a four-year period beginning in 2008. Court documents show no connection between the alleged crimes and the United States.”
  • ”For four months, the case remained under seal, and the court documents unsealed on Friday contained little elaboration on the crimes or any indication of why the case was brought in New York. Even the nationalities of the men were unclear. They appeared in court with the aid of a Swedish interpreter.”
  • ”The case is not the first brought in New York involving foreigners accused of acts of terrorism abroad. In June, an Eritrean man, Mohamed Ibrahim Ahmed, pleaded guilty in Federal District Court in Manhattan to conspiring to support Al Shabab. More than 30 defendants have been prosecuted in this country for supporting the group.
  • ”American prosecutors have said the group worked closely with Al Qaeda in Yemen and Pakistan, harboring terrorists wanted for bombings of United States Embassies in Kenya and Tanzania.”
  • Law, Information Policy, Law Enforcement, Developing Countries, al-Qaeda, Terrorist Offender, Homeland Security


Miller, Greg, & Tate, Julie, "CIA’s Global Response Staff emerging from shadows after incidents in Libya and Pakistan," The Washington post, December 26, 2012 available at [48] last checked December 31, 2012.

  • ”Two of the Americans killed in Benghazi were members of the CIA’s Global Response Staff, an innocuously named organization that has recruited hundreds of former U.S. Special Forces operatives to serve as armed guards for the agency’s spies.”
  • ”The GRS, as it is known, is designed to stay in the shadows, training teams to work undercover and provide an unobtrusive layer of security for CIA officers in high-risk outposts.”
  • ”Of the 14 CIA employees killed since 2009, five worked for the GRS, all as contractors. They include two killed at Benghazi, as well as three others who were within the blast radius on Dec. 31, 2009, when a Jordanian double agent detonated a suicide bomb at a CIA compound in Khost, Afghanistan.”
  • ”The increasingly conspicuous role of the GRS is part of a broader expansion of the CIA’s paramilitary capabilities over the past 10 years. Beyond hiring former U.S. military commandos, the agency has collaborated with U.S. Special Operations teams on missions including the raid that killed Osama bin Laden and has killed thousands of Islamist militants and civilians with its fleet of armed drones.”
  • ”CIA veterans said that GRS teams have become a critical component of conventional espionage, providing protection for case officers whose counterterrorism assignments carry a level of risk that rarely accompanied the cloak-and-dagger encounters of the Cold War.”
  • ”Spywork used to require slipping solo through cities in Eastern Europe. Now, ‘clandestine human intelligence involves showing up in a Land Cruiser with some [former] Deltas or SEALs, picking up an asset and then dumping him back there when you are through,’ said a former CIA officer who worked closely with the security group overseas.”
  • ”Current and former U.S. intelligence officials said the GRS has about 125 employees working abroad at any given time, with at least that many rotating through cycles of training and off-time in the United States.”
  • ’The work is lucrative enough that recruiting is done largely by word of mouth, said one former U.S. intelligence official. Candidates tend to be members of U.S. Special Forces units who have recently retired, or veterans of police department SWAT teams.”
  • ”In some cases, elite GRS units provide security for personnel from other agencies, including National Security Agency teams deploying sensors or eavesdropping equipment in conflict zones, a former special operator said. The most skilled security operators are informally known as ‘scorpions.’”
  • ”Their main tasks are to map escape routes from meeting places, pat down informants and provide an ‘envelope’ of security, the former official said, all while knowing that ‘if push comes to shove, you’re going to have to shoot.’”
  • ”In Benghazi, a GRS team rushed to a burning State Department compound in an attempt to rescue U.S. diplomats, then evacuated survivors to a nearby CIA site that also came under attack. Two GRS contractors who had taken positions on the roof of the site were killed by mortar strikes.”
  • State Department, Force Protection, Law Enforcement

2013

Schmidt, Michael, S., “Ex-Officer for C.I.A. Sentenced to 30 Months in Leak Case,” NYT January 25, 2013, last checked January 25, 2013. [49]

  • ”The first Central Intelligence Agency officer to face prison for disclosing classified information was sentenced on Friday to 30 months in prison by a judge at the federal courthouse here. {Alexandria, VA}.”
  • ”The judge, Leonie M. Brinkema, said that in approving the sentence, she would respect the terms of a plea agreement between the former C.I.A. agent, John C. Kiriakou, and prosecutors, but ‘I think 30 months is way too light’.”
  • ”The sentencing was the latest chapter in the Obama administration’s unprecedented crackdown on government officials who disclose classified information to the press. Since 2009, the administration has charged five other current or former government officials with leaking classified information, more than all previous administrations combined.”
  • ”In October, Mr. Kiriakou pleaded guilty to one charge of violating the Intelligence Identities Protection Act, when he disclosed to a reporter the name of a former agency operative who had been involved in the Bush administration’s brutal interrogation of detainees. The plea was the first time someone had been successfully prosecuted under the law in 27 years.”
  • ”. In subsequent e-mails with a freelance writer, Mr. Kiriakou disclosed the name of one of his former colleagues, who was still under cover and had been a part of the interrogations.”
  • ”The freelancer later passed the name to a researcher working for lawyers representing several Al Qaeda suspects being held at Guantánamo Bay, Cuba, who included the name in a sealed legal filing, angering government officials and kick-starting the federal investigation that ultimately ensnared Mr. Kiriakou. The name was not disclosed publicly at the time, but it appeared on an obscure Web site in October. “
  • ”...in The Times in which he quoted Mr. Kiriakou as saying that if he had known that the C.I.A. officer had still been under cover, he would not have disclosed his identity. The prosecutors said that Mr. Kiriakou’s intimation that the disclosure was an “accident or mistake” contradicted his plea that he had willfully disclosed the information.”

Information Policy, Classified, Law Enforcement, Law, Executive


The White House, “Taking Action: Creating Model Emergency Management Plans for Schools, Institutions of Higher Education and Houses of Worship.” February 28, 2013. [50] Last Checked, March 4, 201.

  • “Yesterday, over 100 leaders from across the country came to the White House to join Secretary of Education Arne Duncan and Secretary of Homeland Security Janet Napolitano for a discussion about how to make our schools, institutions of higher education, and houses of worship safer through the creation of high-quality emergency management plans.”
  • “Secretary Duncan noted that, ‘Some tough lessons we’ve learned over time, some inspiring lessons as well, but if we can all learn from each other, learn together, and go back home to our communities, it makes me hopeful about where we can go despite the tremendous challenges we face.’”
  • “On January 16th, President Obama, through an executive action, directed the Departments of Education, Homeland Security, Justice, and Health and Human Services to work together to create model emergency management plans for these communities.Yesterday’s event helped inform the agencies’ work to implement that executive action. The President’s plan to reduce gun violence includes a total of 23 executive actions, as well as specific proposals that he has called on Congress to act on right away.”
  • “The event included three panels focused on the emergency management needs of schools, institutions of higher education, and houses of worship, and lessons learned from past mass shootings. The panels were moderated by Secretary Duncan, Secretary Napolitano and Richard McFeely, an Executive Assistant Director at the FBI. A range of experts from the law enforcement, mental health, faith, education and emergency management communities, as well as survivors of gun violence, participated in panels and contributed to a robust audience discussion.”
  • “Many of the panelists noted the importance of not only having high quality emergency plans in place, but making sure all key parties, from law enforcement, to teachers, to clergy, are involved in formulating these plans. It’s important that all perspectives are included so that all key players have an in-depth understanding of the plan, can train others on the plan, and can execute the plan in case of emergency. As Secretary Napolitano stated, ‘It’s hard to do a lot of this for the first time in a crisis.’”

Emergency Response, Law Enforcement, Homeland Security, Law


Editors, “Ex-FBI agent pleads guilty in national security leak,” BBC News, 9/23/13.[51], last checked 9/24/13

  • "'This unauthorized and unjustifiable disclosure severely jeopardized national security and put lives at risk.' Deputy Attorney General James Cole said in a statement.”
  • ”"To keep the country safe, the department must enforce the law against such critical and dangerous leaks, while respecting the important role of the press.’"
  • ”In May 2012, the Associated Press published an article describing a successful effort to disrupt a plot by Yemen-based al-Qaeda militants to bomb a US-bound airliner.”
  • ” Sachtleben worked for the FBI as a bomb technician from 1983-2008 and held top secret security clearance.”
  • “On Monday, Sachtleben pleaded guilty to unauthorised disclosure of national defence information, unauthorised possession and retention of national defence information, and two charges of distributing and possessing child pornography.”
  • ”The plea agreement calls for him to be sentenced to a total of 140 months in prison - 43 for the national security offenses and 97 for the child pornography charges.”
  • Information Policy, Law Enforcement, Classified, al-Qaeda, Yemen

2014

Niquette, Mark, Snyder, Jim, and Drajem, Mark "West Virginia Spill Prompts Drive for Tougher Regulations" January 14, 2014. Last checked January 14, 2014. Bloomberg[52]

  • "A chemical spill that left 300,000 people in West Virginia unable to drink their water is reviving calls for more stringent regulation of thousands of chemical storage sites in the U.S., especially those near water supplies."
  • "Residents in nine West Virginia counties were ordered not to drink, cook or bathe with municipal water after about 7,500 gallons of a chemical used in coal processing leaked Jan. 9 from a tank near the Elk River, upstream of a treatment plant for the West Virginia division of American Water Works Co."
  • "There are potentially tens of thousands of storage tanks in communities around the U.S. filled with chlorine, natural gas and other materials and states are primarily responsible for their safety, said Sheldon Krimsky, an environmental policy professor at Tufts University in Medford, Massachusetts."
  • "The American Chemistry Council, a Washington-based lobbying group whose members include Eastman Chemical Co. (EMN) and Dow Chemical Co. (DOW), said federal, state and local agencies should improve their coordination to ensure current laws are enforced."
  • "'If our investigation reveals that federal criminal laws were violated, we will move rapidly to hold the wrongdoers accountable,' Booth Goodwin, the U.S. attorney for the Southern District of West Virginia, said yesterday in a statement. 'Our drinking water is not something you can take chances with, and this mess can never be allowed to happen again.'”
  • Chemical, Industry, Law Enforcement, Homeland Security


Brunnstrom, David & Lange, Jason, “U.S. offers $5 million for Chinese businessman accused of Iran dealings,” Reuters, April 29, 2014, available at Available at [53] Last checked May 4, 2014.

  • ” The United States offered a reward of up to $5 million on Tuesday for a Chinese businessman accused of supplying missile parts to Iran, and targeted companies from China and Dubai for allegedly helping Iran evade weapons and oil sanctions.”
  • ” The U.S. State Department said it was offering a reward of up to $5 million for information leading to the arrest and/or conviction of Li, who is also known as Karl Lee.”
  • ”The State Department said the announcement of the bounty for Li was coordinated with Treasury and the Justice Department, which unsealed an indictment against him on charges including conspiracy to commit money laundering, bank fraud, and wire fraud.”
  • ”’ "According to the Indictment, he (Li) controls a large network of front companies and allegedly uses this network to move millions of dollars through U.S.-based financial institutions to conduct business in violation of the International Emergency Economic Powers Act (IEEPA) and the Weapons of Mass Destruction Proliferators Sanctions Regulations, which prohibit such financial transactions,’the State Department said in a statement.”
  • ” Iran and a group of world powers reached a temporary deal in November under which Tehran would get about $7 billion in sanctions relief in return for steps to restrain its nuclear activities.”
  • ” A U.S. official, however, told Reuters last month Iran had pursued a longstanding effort to buy banned components for its nuclear and missile programs in recent months, even while it was striking an interim deal with major powers to limit its disputed atomic activity.”
  • ” Vann Van Diepen, principal deputy assistant secretary of state for international security and non-proliferation, added that Li had continued to supply such items despite U.S. pressure on China to tighten export controls. Contacted by Reuters on Feb 4, 2013, for an earlier story about his business, Li said he continued to get commercial inquiries from Iran but only for legitimate merchandise. Li said his metals company, LIMMT, had stopped selling to Iran once the United States began sanctioning the firm several years ago.”
  • Export Control, Law Enforcement, Nuclear, Iran, China, State Department, Industry

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