The American Civil Liberties Union (ACLU) has accused a Department of Defense intelligence sharing program of invading the privacy rights of citizens.
In a November 21 news release the ACLU charges, "The documents released today consist of nine reports from the Pentagon’s Threat and Local Observation Notice (TALON) database that describe as 'threats' several planned demonstrations at military recruitment stations, including sites on college campuses."
The reports were filed by agents of the Federal Protective Service, the agency charged with protecting federal property, such as military recruiting stations, and federal personnel. Copies of the reports are available on the ACLU website.
The federal regulation most often used to provide guidance on gathering and sharing of police intelligence consistent with civil liberties is 28 CFR, Part 23. In its statements to date the ACLU has not claimed the reports are inconsistent with these regulations.
Title 28, Part 23 of the Code of Federal Regulations requires that before information is gathered and shared using federal resources that "Reasonable Suspicion or Criminal Predicate is established..."
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Title 28, Part 23 Code of Federal Regulations
Prevention Techniques
Recognize Threats: Evaluate how a possible threat is related to current vulnerabilities and likelihood. Criminal Predicate or well-founded Reasonable Suspicion would clearly influence your evaluation of likelihood. What, if anything, does the absence of Criminal Predicate or Reasonable Suspicion suggest regarding a threat?
Prevention Thoughts
Share Information: In reviewing the TALON reports released by the ACLU do you believe the 28 CFR, Part 23 standards were applied or not? Is there sufficient cause to perceive Reasonable Suspicion or Criminal Predicate in what is being reported? Could the same information sharing objective have been achieved in a manner unquestionably consistent with these standards?
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