Nationwide Suspicious Activity Reporting Initiative

Suspicious activity is defined in the ISE-SAR Functional Standard (ISE-SAR FS) Version 1.5 as "observed behavior reasonably indicative of pre-operational planning related to terrorism or other criminal activity." The NSI is a behavior-focused approach to identifying suspicious activity. Factors such as race, ethnicity, national origin, or religious affiliation are not considered as factors that create suspicion (except if used as part of a specific suspect description). The behaviors outlined in the ISE-SAR FS were identified by subject-matter experts; validated through implementation in the Los Angeles, California, Police Department and the application of ten years of State and Local Anti-Terrorism Training (SLATT) Program experience; and then adjusted based on input by privacy advocacy representatives. At the completion of this process, in May 2009, the ISE-SAR FS was published, with the entire SAR process anchored on behaviors of suspicious activity, not ethnicity, race, or gender. The NSI is currently being implemented through a partnership between the national network of fusion centers and key federal agencies that will coordinate with law enforcement officers in their states. This partnership spans the spectrum of customized technology solutions and includes training and the development of comprehensive privacy, civil rights and civil liberties policies at both the federal and fusion center levels. This approach also provides for a decentralized process that respects the state's unique requirements but maintains national standards that permit the interoperability of information exchanges and the consistent application of a privacy framework, and is consistent with the allocation of responsibilities to the 72 designated State and major urban area fusion centers. On December 17, 2009, the U.S. Department of Justice was named the Executive Agent to establish and operate the Program Management Office (PMO) for the NSI, taking on responsibility for coordinating existing resources and managing additional support to further develop and deploy the NSI. In March 2010, the PMO was established within the Bureau of Justice Assistance. This interagency office, led by senior staff from the Bureau of Justice Assistance, Department of Homeland Security (DHS), and Federal Bureau of Investigation (FBI), also coordinates closely with other federal, state, local, and tribal partners. The goal of the PMO is to facilitate the implementation of the NSI across all levels of government, and assist participating agencies to adopt compatible processes, policies, and standards that foster broader sharing of SARs, while ensuring that privacy and civil liberties are protected in accordance with local, state, and federal laws and regulations. Primary functions of the Program Management Office include advocating on behalf of the NSI, providing guidance to participants at all levels, and coordinating various efforts within the NSI. Given the criticality of privacy and civil liberties issues, the PMO works collaboratively with, and is supported by, the DOJ Privacy and Civil Liberties Office. ==NSI Training==

To ensure that the behavior-focused approach that is outlined in the ISE-SAR Functional Standard is institutionalized, the NSI created a multifaceted training approach designed to increase the effectiveness of federal, state, local, and tribal law enforcement professionals in identifying, reporting, evaluating, and sharing pre-incident terrorism indicators to prevent acts of terrorism. There are currently three briefings/trainings available through the NSI PMO, with several others under development: • Executive Briefing Law enforcement executives play a vital role in ensuring that the SAR process is not only successfully implemented but effectively supported. The SAR Executive Briefings focus on executive leadership, policy development, privacy and civil liberties protections, agency training, and community outreach. Fusion centers, law enforcement professional associations, and additional entities conduct these types of briefings in a variety of venues. • Analytic Training Ensuring that SARs are properly reviewed and vetted is critical to promoting the integrity of information submitted; protecting citizens' privacy, civil rights, and civil liberties; and successfully implementing the SAR process. The SAR Analytic Role Training focuses on the evaluation of SARs to identify behaviors that may be associated with pre-incident terrorism planning and the process for sharing terrorism-related SARs nationwide. Through this curriculum, analysts and investigators are trained to recognize terrorism-related pre-incident indicators and to validate—based on a combination of knowledge, experience, and available information—whether the behavior has a potential nexus to terrorism and meets criteria for submission. The training is delivered in an eight-hour workshop format. • Line-Officer Training Frontline law enforcement personnel are trained to recognize behavior and incidents that may indicate criminal activity associated with terrorism. Their routine duties position them to observe and report suspicious behaviors or activities. The SAR Line Officer Training focuses on the critical role line officers have in the effective implementation of the SAR process by identifying and documenting suspicious activity. To efficiently deliver training to a large number of line officers in a timely manner, this training is delivered through a 15-minute CD that has been posted to several online/distance-learning formats. ==Privacy, Civil Rights, and Civil Liberties Protections==

NSI program administrators claim they are aware of the importance of protecting the personal privacy, civil rights, and civil liberties of all Americans, and in response have developed and implemented a comprehensive NSI Privacy Protection Framework that is required for agencies at all levels of government prior to participation in the NSI. Participating agencies must have an approved privacy policy that specifically addresses the SAR process; applies the protections outlined in the ISE-SAR Functional Standard (Version 1.5) This initiative is designed to assist fusion centers in engaging community leaders in a dialogue about the center's functions, including the SAR process, the NSI, and the need for interaction with community leaders. Outreach to advocacy groups has served an essential role in shaping the NSI Privacy Protection Framework and will continue to play an important role in the NSI as it moves forward. System Attributes In addition to multiple levels of SAR review by trained personnel, there are system attributes that support privacy protections for the gathering, collection, storage, and sharing of SAR information, such as: • Improved data standards for information sharing using the National Information Exchange Model (www.niem.gov). • Leveraging existing secure systems, networks, and resources, such as the Regional Information Sharing Systems, Law Enforcement Online, the Homeland Security Information Network, the National Criminal Intelligence Resource Center (www.ncirc.gov), and the Federal Bureau of Investigation's eGuardian system. • Built-in design privacy protections, such as user authentication, "investigative purposes only" disclosures upon log-in, articulated investigative reason for accessing the system, clearly stated "for official law enforcement use only" warning before system access, and audit logs for capturing search transactions. • Formatting in accordance with the ISE-SAR FS's IEPD format, which includes the application of privacy fields. Compliance Verification The U.S. Department of Justice's (DOJ) Global Justice Information Sharing Initiative Criminal Intelligence Coordinating Council developed the Privacy, Civil Rights, and Civil Liberties Compliance Verification for the Intelligence Enterprise, which is a compliance verification document, for the purpose of assisting intelligence enterprises in complying with all applicable privacy, civil rights, and civil liberties protection laws, regulations, and policies while sharing appropriate intelligence and information needed to safeguard America. ==Criticism==

According to an investigation by the Washington Post, this program, "by far the largest and most technologically sophisticated in the nation's history, collects, stores and analyzes information about thousands of U.S. citizens and residents, many of whom have not been accused of any wrongdoing." Reports of suspicious behavior noticed by local law enforcement, or even by private citizens, are forwarded to the program, and profiles are constructed of persons who are merely under suspicion, without adjudicated evidence or reasonable suspicion that a crime is being committed. According to the American Civil Liberties Union, the program's fusion centers "raise very serious privacy issues at a time when new technology, government powers and zeal in the "war on terrorism" are combining to threaten Americans' privacy at an unprecedented level." In 2005 and 2006, fifty-three individuals involved with peace groups, the anti-death penalty movement, and other causes were improperly added to a terrorist and drug trafficking data base by the Maryland State Police. Former Maryland Attorney General Stephen Sachs said the 14 months of covert police surveillance, which took place in 2005 and 2006, was "not predicated on any information indicating that those individuals or groups had committed or planned any criminal misconduct." ==See also==