Regarding the AP's Story on NYPD Domestic Intelligence Collection

Robert Chesney
Wednesday, August 24, 2011, 2:13 PM
The AP's Matt Apuzzo and Adam Goldman have a long story out today, focused on the NYPD's Intelligence Division & Counter-Terrorism Bureau.  The story paints NYPD as having developed an unchecked intelligence-collection capacity over the past decade, emphasizing (i) CIA support to NYPD's activities, (ii) NYPD's use of undercover agents to monitor events is Muslim neighborhoods without specific leads, and (iii) NYPD's use of inf

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The AP's Matt Apuzzo and Adam Goldman have a long story out today, focused on the NYPD's Intelligence Division & Counter-Terrorism Bureau.  The story paints NYPD as having developed an unchecked intelligence-collection capacity over the past decade, emphasizing (i) CIA support to NYPD's activities, (ii) NYPD's use of undercover agents to monitor events is Muslim neighborhoods without specific leads, and (iii) NYPD's use of informants to observe mosques (and cafes) without specific leads.  The story suggests NYPD does things FBI cannot do, and that civil liberties have been violated without people noticing due to the lack of transparency.  I think the story does raise some important questions, above all with respect to how to construct appropriate oversight regimes for state and local entities such as NYPD engaged in collection activities (e.g., is there or should there be a robust independent inspector general-like figure for such entities).  But I also think there is a risk here that the story will be blown out of proportion.  Bearing that in mind, I liked this interview that Adam Serwer (American Prospect) conducted with the Brennan Center's Faisa Patel, which I think assesses the report in a very balanced and reasonable way.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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