Counterterrorism

1. Counterterrorism

2. Counterterrorism • Responses to terrorism have been more or less successful • Israel has experienced a substantial reduction in terrorist incidents since 2002 • The US only had 7 terror incidents 2004-2006: No significant attacks since 9/11 • Europe has experienced more deadly attacks, but has disrupted many more • What policies are in place to deter future terrorist attacks in the US and EU?

3. Counterterrorism • The US reacted quickly after 9/11 • Numerous significant policy changes • Creation of Department of Homeland Security • Robust military response, including the largest sustained call-up of Reserve and National Guard forces in US history • EU has struck a balance between national and pan-European policy • Each EU member state is responsible for the security of its citizens • The EU has responsibility for coordinating these activities effectively

4. US-Major Legislation • Air Transportation Safety and System Stabilization Act (2001) • Passed less than one week after 9/11 • Purpose was to protect airlines from ruinous lawsuits • Provided an administrative remedy for victims and families through the office of “special master” [Kenneth R. Feinberg] established to consider claims and determine awards out of the September 11 Fund, also created by the Act • Acceptance of Fund payouts required waiving right to sue • 97% of families of deceased chose to participate • Fund distributed $7.049 billion to families of dead, injured • Avg. distribution to families of deceased: $2M; injured: $400K

5. US-Major Legislation • Terrorism Risk Insurance Act (2002) • Attempts to protect insurance companies from catastrophic claims in the event of another large-scale terrorist attack • “A system of shared public and private compensation for insured losses resulting from acts of terrorism.” • No victims other than 9/11 victims have ever been successfully included in the such protective legislation, including 1993 WTC bombing, 1998 East Africa Embassy bombings, 2000 USS Cole attack, even though several attempts to include them have been made

6. US-Major Legislation • Patriot Act (Oct. 26, 2001), or The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 • Primarily a collection of changes to existing laws, for example: • Telemarketing Consumer Fraud and Abuse Prevention Act [to hinder fundraising] • Racketeer Influenced and Corrupt Organizations Act (RICO) [to prevent money laundering and permit expanded wiretapping, surveillance of email] • Reauthorized March 9, 2006

7. US-Major Legislation • Effects of Patriot Act • Library records: Aimed at patron internet usage, previously required a subpoena, PA permitted the use of search warrants to obtain information • Tracking of financial data: welcomed by financial institutions • INS: closer tracking of those here on student visas • Scientists: Background checks to obtain access to material on a newly-expanded toxin list • Truck drivers: fingerprinting those with HAZMAT certification • Internet: permits access to ISP records on Web traffic, not content • Data sharing with law enforcement agencies: Requires court order • Major provisions have been thoroughly reviewed by courts • 401 criminal charges brought under PA, 212 convictions • Broke up terror cells in Buffalo, Detroit, Seattle, Portland (Ore.) and northern Virginia • Frozen $136M in assets around the world

8. US-Major Legislation • Homeland Security Act (2002) • Created Dept. of Homeland Security: to reduce vulnerability of US to terrorist attacks at home, minimize damage and improve recovery from terrorist attacks • Five Responsibilities 1. Information analysis and infrastructure protection 2. WMD countermeasures 3. Border security 4. Emergency preparedness and response 5. Coordination: intergovernmental & private sector

9. US-Major Legislation • Department of Homeland Security • 22 agencies with 170,000 full-time employees • Includes Border Patrol, Coast Guard, Customs Service, Secret Service, Immigration and Naturalization Service, Transportation Security Agency, FEMA, Secret Service • Unique personnel management system, expanded to DOD

10. US-Major Legislation • Benefits for Victims of International Terrorism Act (2003) • Programs to provide benefits to those US citizens who find themselves victims of terrorism because of their citizenship status • Application for benefits at: • http://www.ojp.usdoj.gov/ovc/intdir/ITVERP/ITVERPapplication.pdf

11. US-Major Legislation • Victim compensation is also sought under Antiterrorism and Effective Death Penalty Act (1996) • Established right of victims to sue foreign states listed as state sponsors of terrorism (Iran, Iraq, N. Korea, Cuba, Libya, Sudan, Syria) • Compensation for hostages now set at $10K per day as a result of high profile cases such as Terry Anderson, Joseph Cicippio • Wrongful death awards usually based on lost earnings, calculated by tax returns and actuarial tables

12. EU Response to Terrorism • European Council, Declaration on Combating Terrorism (Mar. 11, 2004) • Expressed the basic framework for EU responses to terrorism following the 2004 Madrid bombing • Represents the importance of European security cooperation

13. EU Response to Terrorism • 2004 Declaration on Combating Terrorism • Terrorism is not new and has been until recently a problem for national governments (i.e., Irish Republican Army, ETA in Spain, Red Army Faction in Germany) • Terrorism has now emerged as a global phenomenon, with al Qaeda pioneering the pattern for other orgs. • The global threat is from fundamentalist religious groups [the term Islamic is not used] that follow the teachings of leaders such as Sayyid Qutb • Attacks are not limited to symbols of the state but are designed to achieve maximum publicity • These groups are international and are linked

14. EU Response to Terrorism • Framework for EU coordination on terrorism: • Common European standards for authorization to access classified information • Interoperable and interconnected EU security systems • An effective intelligence-led enforcement capability at EU level and the establishment of an EU criminal intelligence network • Intelligence sharing • Cooperation crucial with EU and non-EU countries • Inherent barriers in intelligence gathering: internal and international • Member states retain security responsibility, EU acts as policy coordinator intelligence clearing house

15. EU Response to Terrorism • Terrorist Financing • Madrid bombing cost the perpetrators approx. €8,000 • Much of the money needed for these operations is transferred outside the normal financial system • Most comes from legitimate sources • Tracking is difficult, requires a great deal of cooperation from other states and private financial institutions • EU Opinion: Efforts to disrupt financial networks are unlikely to have much effect on terrorism

16. Germany and Counterterrorism • Germany is critical to international counterterrorism because it was the location of the 9/11 plotters and possesses extensive intelligence and law enforcement resources • Recognizes radical Islamic terrorism as its main security threat • Law enforcement, intel communities hampered by greater bureaucratic constraints, oversight than other countries • Germany has sent troops into combat for the first time since WWII • 7,800 deployed worldwide • Future: Will differences on Iraq policy hamper efforts to coordinate activities?

17. Germany and Counterterrorism • German approach to terrorism • Identifying terrorists and their supporters, bringing them to justice, and breaking up their infrastructure at home and abroad • Assisting countries facing the danger of becoming failed states • Addressing the social, economic, and cultural roots of terrorism • Halting the proliferation of weapons of mass destruction • Seeking multilateral legitimization for any military action through the United Nations • German military response limited to Afghanistan [UN sanctioned]

18. France and Counterterrorism • France is regarded as having the most effective counterterrorism apparatus in Europe • Due in part to a long experience with Islamic terrorism in the 1970s and 1980s (groups linked with Hezbollah) • No Islamic terror attacks between December 1986 and October 2004, while numerous plots were disrupted • French counterterrorism agencies enjoy close working relationships with dedicated magistrates • Preemptive counterterrorism measures can be taken quickly, as after the 2005 London tube bombings • Effective use of surveillance, profiling, data mining, etc.

19. France and Counterterrorism • Future Concerns • Domestic recruitment activities for the insurgency in Iraq (filiére Irakienne) • Pan-European recruitment networks, moving jihadists between countries and then to Syria/Iraq for training • Return of insurgency-trained, battle-hardened French Islamists to France • Expansion of Algerian terrorist groups to France

20. The UK and Counterterrorism • Many advocate the British model for reform of US counterterrorism structure • US has 17 intelligence-gathering agencies in 8 separate departments • British counterterrorism efforts center around MI5, domestic security agency • Has no arrest powers • Works closely with local police • Great latitude in question suspects, wiretapping, etc. • Much longer history of dealing with terrorism • British law permits holding terror suspects for 28 days without bringing charges (US law limits such detentions to 48 hours)

21. The UK and Counterterrorism • The main terrorist threat in Britain is from domestic radical Islamic groups, esp. al Qaeda offshoots • British authorities notice this pattern: young, second-generation immigrants who become radicalized in British mosques, travel to Pakistan for training, return to Britain • Profiling, electronic surveillance, easily obtained warrants are put to effective use • Recent leaks to the press are hampering investigations, interrupting intelligence operations

22. Lessons for the US • Coordination between various intelligence, law enforcement, counterterrorism agencies is crucial • Counterterrorism is an intelligence operation, best executed with sensible but limited oversight • Long-term counterterrorism strategy must rely on close cooperation with other nations, esp. the EU; the problems faced by EU states affect the US • US must find ways to maintain active intelligence networks in the Middle East following the eventual withdrawal of US forces from the region • The FBI does not have the statutory or technical resources to maximize its effectiveness in domestic counterterrorism activity