[up front note - while containing accurate factual information, this is not an objective news article. The difference between this and "news" articles is that it does not purport to be.]

Much like the Real ID situation (see entry here on Liberty Restoration Project website), a strategy the Federal Government seems to be using is to gain support for what might otherwise be very controversial program by dangling the carrot of information and technology sharing in front of the states. For the Real ID, if the mere prospect of information sharing is not enough, they can always just dangle that old federal standby – money – and most state governments will forget about being vigilant towards privacy rights as their pupils turn into flashing dollar signs.

Using a similar approach, the National Applications Office (NAO), to be run by the Department of Homeland Security, will “work with its customers to meet their requirements.” Some of those “customers” are state and local law enforcement. The “product” is information gathered through the use of spy satellite imagery. Insert here images of local law enforcement agencies saying “gee whiz!” and clamoring for cool James Bond technological help with no consideration whatever to the bigger picture.

According to a recent Newsweek article, these spy satellites have been used previously to help provide information for emergency and natural disaster situations like floods and fires, and even for planning of big events like the Super Bowl. But the Department of Homeland Security’s fact sheet on the National Applications Office makes it clear that a new goal is to use it domestically to assist “law enforcement,” both as a part of its Homeland Security Working Group and its Law Enforcement Domain Working Group.

The same Newsweek article reports that some private commercial satellites have a resolution of 18 inches, meaning they can get a good image of a particular vehicle on the ground. Government spy satellites have much greater imaging capability.

Concerns over potential civil liberties abuses have led to Congress delaying full funding of the National Applications Office. Rep. Jane Harman, chairwoman of the House Homeland Security Subcommittee on intelligence said that full funding for the NAO will be held up at least until after the Congress’ General Accountability Office finishes its report on the civil liberty concerns related to domestic spy satellite use. “We have to make sure this is not a back door for spying on Americans,” said Harman, who feels as though Congress was misled by assurances earlier in the Bush administration that increased domestic electronic domestic spying was on firm legal foundation. She said that the administration needs to give a fuller explanation on how the program would operate. The report on civil liberties and privacy implications is scheduled to be ready in August.

In August of 2007, Rep. Bennie Thompson, who is on the House Committe on Homeland Security, wrote an open letter to Department of Homeland Security Secretary Michael Chertoff concerning the National Applications Office (NAO). Rep. Thompson complained that the Homeland Security committee was not even told in advance about the NAO, and instead found out about it only when it appeared in media reports. He also raised concerns that DHS, despite the obviously sensitive issue of using spy satellites domestically, had not even utilized its own Office of Civil Rights and Civil Liberties during the early planning stages of the NAO, instead bringing them in eleven months into the process.

In a less-than-reassuring assurance, an anonymous intelligence official told Newsweek that agencies must first consult a government lawyer before they spy on individual households. The same intelligence official could not answer whether a warrant would or should be necessary for detailed surveillance from above.

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RESOURCES FOR THIS POST:

“You’re on Candid Camera: the Bush Administration Now Wants to Watch You From the Sky”, by Michael Isikoff and Mark Hosenball. Posted on Jun. 25, 2008 at http://www.newsweek.com/id/143257/page/1 . Still there as reviewed on 6/30/08.

“Fact Sheet: National Applications Office”, as viewed on 6/30/08 at http://www.dhs.gov/xnews/releases/pr_1187188414685.shtm , listing a release date of August 15, 2007.

Rep. Bennie Thompson’s Aug. 22, 2007 letter to Department of Homeland Security Secretary Michael Chertoff regarding concerns about National Applications Office, as available on the Federation of American Scientists’ site at http://www.fas.org/irp/congress/2007_cr/thompson082207.pdf as of 7/1/08.

“Training Satellites on the United States: Homeland Security Plans to Share Spy Satellite Data with Domestic Agencies”, by Lindsay Beyerstein. Posted September 19, 2007 as seen on 7/1/08 at “In These Times” site page http://www.inthesetimes.com/article/3346/training_satellites_on_the_united_states/