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Intersection: Sidewalks & Public Space

Chapter by Melissa Ngo

"The Myth of Security Under Camera Surveillance"


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    Update: Homeland Security Reportedly Abandons Controversial Spy Satellite Program

    The Wall Street Journal reports, “The Obama administration plans to kill a controversial Bush administration spy satellite program at the Department of Homeland Security, according to officials familiar with the decision.” This is the National Applications Office. There was an uproar last year over the spy-satellite program, which would greatly expand the domestic use of military technology.

    “[Homeland Security Secretary Janet] Napolitano ordered a review of the program and concluded the program wasn’t worth pursuing, the homeland official said. Department spokeswoman Amy Kudwa declined to speak about the results of the review but said they would be announced shortly,” according to the Wall Street Journal.

    Recently, the Major Cities Chiefs Association, wrote to Napolitano (pdf), saying, “In our view, the NAO is not an issue of urgency.” They also said:

    Should DHS further consider NAO issues, our concerns would include the role of local law enforcement in Policy and Management, Protection of Privacy, and Posse Comitatus, to reconcile proposed NAO domestic operations with the Federal and State laws that determine when and how military and intelligence agencies may be engaged in domestic operations.

    Last year, 33 groups sent a letter (pdf) to Congress urging members not to fund the National Applications Office. They noted the privacy and civil liberty implications, including problems with the Posse Comitatus Act. They said the Act, “reflects the principle that military surveillance of the American people and their property has not been and should not be the norm.” The Act states:

    Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

    Members of Congress also questioned the privacy and civil liberty implications of this program. The Government Accountability Office reviewed the Office and reported in November, “DHS lacks assurance that NAO operations will comply with applicable laws and privacy and civil liberties standards.”

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