Debunked NYPD Radicalization Report Just Won’t Die
By Mike German | ACLU | February 11, 2013
Like a villain in a horror movie, the widely debunked concept of terrorist “radicalization” is once again raised from the grave by the Congressional Research Service (CRS) in its 2013 report, “American Jihadist Terrorism: Combating a Complex Threat.” CRS is an influential legislative branch agency charged with providing objective policy analysis for members of Congress, which makes its continued reliance on the “radicalization” model promoted in a now-discredited 2007 New York Police Department report, “Radicalization in the West,” particularly troublesome.
The NYPD report purported to describe the process that drives previously “unremarkable” people to become terrorists. According to Police Commissioner Raymond Kelly’s preface, the document was intended to “to assist policymakers and law enforcement officials, both in Washington and throughout the country by providing a thorough understanding of the kind of threat we face domestically.” It theorized a simple four-step process starting with the adoption of a particular set of beliefs to becoming a terrorist, though it strangely conceded that not all terrorists need to go through all, or any of these steps, and that people who did go through the steps would not necessarily become terrorists – though that didn’t mean they weren’t dangerous. Confused? It gets worse.
The report only examined terrorist acts committed by Muslims, and essentially suggested that all Muslims were potential terrorists that needed to be watched, stating that “[e]nclaves of ethnic populations that are largely Muslim often serve as ‘ideological sanctuaries’ for the seeds of radical thought.” It posited a profile of potential terrorist “candidates” so broad that it’s no profile at all: within these “Muslim enclaves,” potential terrorists could range from members of middle class families to “successful college students, the unemployed, the second and third generation, new immigrants, petty criminals, and prison parolees.” In other words: anyone and everyone. It identified “radicalization incubators,” including mosques, as well as “cafes, cab driver hangouts, flophouses, prisons, student associations, nongovernmental organizations, hookah (water pipe) bars, butcher shops and book stores.” In other words: any place and every place. Commonplace activities for Muslim-Americans, like wearing Islamic clothing, growing a beard, abstaining from alcohol and joining advocacy organizations or community groups were all listed as potential indicators of radicalization. In other words: any kind of behavior and all kinds of behavior.
If it sounds like the report’s description of potential terrorists is so overbroad it could include entire Muslim-American communities, this does not appear to be accidental. Indeed, the report provided the ideological foundation for the NYPD Intelligence Division’s program of mass surveillance of Muslim communities throughout the Northeast. Not surprisingly, this poorly focused program “never generated a lead or triggered a terrorism investigation,” according to the Associated Press, which received a Pulitzer Prize for its coverage of the NYPD’s program.
The NYPD radicalization report was quickly denounced by advocacy and academic organizations for its overstated and flawed facts and serious methodological errors. The NYPD responded by inserting a “Statement of Clarification” in 2009 that made this remarkable claim:
“…this report was not intended to be policy prescriptive for law enforcement. In all of its dealings with Federal, State and Local authorities, the NYPD continues to underscore this important point.”
What? In addition to completely contradicting its own preface, the disclaimer refutes the entire purpose of the report. If a police terrorist study isn’t intended to impact police counterterrorism policy, what is it for? Is it just a thought experiment?
Yet, despite all we know of the admitted shortcomings of the NYPD report, the CRS continues to cling to its model of radicalization, suggesting that individuals can become terrorists “by radicalizing and then adopting violence as a tactic.” This concept, that the adoption of a particular belief set is a precursor to violent action is refuted in empirical studies of actual terrorists, like one from RAND, which concludes that an individual’s decision to engage in terrorist violence is a complex one involving a matrix of different environmental and individual factors, no one element of which is necessary nor sufficient in every case (see its “Factor Tree for Root Causes of Terrorism” above, which looks a whole lot more complex than the NYPD’s four-step process).
In addition to being factually wrong, this radicalization concept is also dangerous, because, as the CRS report points out, adopting beliefs and associating with like-minded people is First Amendment-protected activity. But if counterterrorism officials believe that adopting radical beliefs are a necessary first stage to terrorism, they will obviously target belief communities and activists with their enforcement measures, as they often do. The CRS report highlights the NYPD radicalization theory, and while it acknowledges the criticism of the NYPD report it continues to hew closely to the model of radicalization it promotes. This is particularly true in its discussion of the appropriate law enforcement response to radicalization, in which it describes the “major challenge” as determining “how quickly and at what point individuals move from radicalized beliefs to violence.” The faulty assumption that radical thoughts lead to violence drives many of the inappropriate law enforcement actions against Muslim-American communities and political activists that, like the NYPD surveillance program, violate civil rights but don’t actually improve security.
It is long past time to euthanize this erroneous and dangerous theory, as many terrorism researches are already suggesting. Moreover, a more recent study from the Triangle Center of North Carolina suggests that recent data reflects a small and declining threat from Muslim-American terrorists, not the “uptick” that CRS reports. And West Point’s Combating Terrorism Center issued a revealing study indicating that far-right extremists have engaged in more comparatively violent activity over the last twenty years, which the FBI and policy makers have failed to recognize. Effective counterterrorism policies can’t be made from flawed theories and analysis. It is time that CRS heeds the NYPD’s recommendation that its radicalization report not be used to drive policy.
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Mandatory Black Boxes in Cars Raise Privacy Questions
EFF | February 11, 2013
San Francisco – The Electronic Frontier Foundation (EFF) urged the National Highway Traffic Safety Administration (NHTSA) today to include strict privacy protections for data collected by vehicle “black boxes” to protect drivers from long-term tracking as well as the misuse of their information.
Black boxes, more formally called event data recorders (EDRs), can serve a valuable forensic function for accident investigations, because they can capture information like vehicle speed before the crash, whether the brake was activated, whether the seat belt was buckled, and whether the airbag deployed. NHTSA is proposing the mandatory inclusion of black boxes in all new cars and light trucks sold in America. But while the proposed rules would require the collection of data in at least the last few seconds before a crash, they don’t block the long-term monitoring of driver behavior or the ongoing capture of much more private information like audio, video, or vehicle location.
“The NHTSA’s proposed rules fail to address driver privacy in any meaningful way,” said EFF Staff Attorney Nate Cardozo. “These regulations must include more than minimum requirements of what should be collected and stored – they need a reasonable maximum requirement as well.”
The current NHTSA proposal mandates a boilerplate notice to consumers that “various systems” are being monitored. The plan also calls for a commercial tool to be made available to allow user access to black box data. In its comments submitted to the NHTSA today, EFF calls for complete and comprehensive disclosure of data collection as well as a free and open standard to access black box information.
“The information collected by EDRs is private and must remain private until the car owner consents to its use,” said Cardozo. “Consumers deserve full disclosure of what is being collected, when, and how, as well as an easy and free way of accessing this data on their own. Having to buy access to your own data is not reasonable. ”
In addition to submitting its own comments to the NHTSA today, EFF also joined the Electronic Privacy Information Center and a broad coalition of privacy, consumer rights, and civil rights organizations in comments urging the NHTSA to adopt specific, privacy-protecting amendments to its proposed rules.
For EFF’s full comments submitted to the NHTSA:
https://www.eff.org/document/effs-comments-nhtsa-about-black-boxes-cars
Contact:
Nate Cardozo
Staff Attorney
Electronic Frontier Foundation
nate@eff.org
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- EFF to Supreme Court: Blanket DNA Collection Violates Fourth Amendment (alethonews.wordpress.com)
- Black Boxes in Cars: Open Call for Comments (eff.org)
- EFF, others to Microsoft: Who’s requesting our Skype data? (zdnet.com)
- EFF – How to Protect Your Privacy from Facebook’s Graph Search (bespacific.com)
Colombia: Drummond Contractor Convicted in Unionists’ Deaths
Weekly News Update on the Americas | February 11, 2013
On Jan. 25 Colombian judge William Andrés Castiblanco sentenced Jaime Blanco, a former contractor for the Alabama-based Drummond Co. Inc. coal company, to 37 years and 11 months in prison for masterminding the March 2001 murders of two union leaders in the northern department of Cesar. The court found that Blanco, who supplied food services for Drummond’s La Loma mine, had arranged with rightwing paramilitaries, including one known as “Tolemaida,” for the killing of Valmore Locarno and Víctor Hugo Orcasita, leaders of the mine’s union. Blanco’s assistant, Jairo Charris, was convicted in 2009 in the same murder plot and was sentenced to 30 years.
Judge Castiblanco also sent trial records to Colombian prosecutors so that they could investigate other people possibly connected to the crimes: Drummond’s president, Garry Drummond; two company directors, Augusto Valencia and Jean Adkins; Alfredo Araújo Castro, Drummond’s public relations director for Cesar; and former Colombian legislator Jorge Castro Pacheco, who was convicted in 2010 of maintaining ties to paramilitary organizations. In addition, the judge supported a request by the victims’ relatives to ask the Supreme Court to investigate former assistant prosecutor Edgardo Maya for allegedly failing to act to protect unionists in Cesar; Maya is Jaime Blanco’s half-brother.
Drummond management has long been suspected of involvement of the murders of Locarno and Orcasita and of another La Loma unionist, Gustavo Soler, who was killed later in 2001. The US-based International Labor Rights Fund (ILRF) and the United Steelworkers (USW) union filed a civil suit against Drummond in March 2002 under the 1789 Alien Tort Statute in federal court in Birmingham, Alabama, where the company is based. The Birmingham jury found the company not liable in 2007, but ILRF executive director Terry Collingsworth announced plans to appeal [see Update #911]. In an April 2011 interview Blanco told the Associated Press wire service that Drummond senior managers ordered the murders of Locarno and Orcasita and that if he was convicted, they would be able to “wash their hands” of the case. (El Tiempo (Bogotá) 2/5/13; Miami Herald 2/6/13 from AP)
Related article
- Mine contractor jailed for trade unionists’ murders (morningstaronline.co.uk)
THE BIN LADEN DELUSION CONTINUES…
By Damian Lataan | February 12, 2013
The Osama bin Laden propaganda saga has been added to recently with the release of a film (as I said there would be), Zero Dark Thirty, and then, even more recently, by the man who, according to Esquire’s latest long-winded article, is said to have actually ‘killed’ bin Laden, an anonymous SEAL operative who says he fired the fatal shots that supposedly put an end to the life of the West’s best known nemesis. (The UK Daily Telegraph runs a précis of the story here.) Readers, however, are likely to find any one of Ian Fleming’s James Bond stories far more believable than anything the SEAL operative has to say.
The story is simply just another embellishment of the myth that bin Laden, who was accused of planning and carrying out the events of 9/11, finally got his comeuppance at the hands of America’s finest in Abbottabad on 2 May 2011.
The one problem with the entire Osama bin Laden death story and the whole industry that seems to have mushroomed around it is that there is not a single shred of evidence whatsoever to support any of the claims made about his death. All we have is the word of a government and a compliant media and entertainment industry that the world knows is given to deliberately lying and fantasizing.
The reality is far more prosaic; bin Laden has been dead for years and probably died simply of ill-health in 2001.
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Israeli forces arrest Hamas-affiliates across West Bank
Ma’an – 12/02/2013
BETHLEHEM – Israeli forces launched multiple arrest raids overnight Monday against Hamas affiliates in the West Bank, Hamas sources and locals said.
Hamas leader Rafat Jamil Nasif, 45, was detained in Tulkarem in an arrest raid on his home, sources in the Islamist movement said. Nasif’s family were forced to stand outside in the cold while sniffer dogs searched his home.
Musab al-Ashqar, Abdullah Ismail al-Khalil and Ammar Jihad Ameir, students at al-Khadouri university, were also arrested in Tulkarem, together with the local Imam’s son Qitad Amar Bidawi.
In Nablus, Israeli forces detained a local Islamist student leader Muthanna Jamil Eshtayeh and students Osama Khalid Yamin and Walid Jamal Asida from An-Najah university, locals said.
Mousa Ahmad Yamin and Abed al-Ghani Ayesh Samara were also detained in nearby villages.
Four people were arrested in Qalandia refugee camp in Ramallah, including two ex-prisoners, and in Hebron two other students were detained.
An Israeli army spokeswoman said that 13 people were detained overnight, including four in Nablus, five in Tulkarem, three in Bethlehem and one in Hebron.
Another military spokesman said nine people arrested were affiliated with Hamas.
The latest detentions follow a sweep of arrests of Hamas-affiliated officials in the West Bank over the past week.
Last Tuesday, Israeli forces arrested 12 people including at least three Hamas-affiliates.
A day earlier, Israeli soldiers arrested 23 members of Hamas, including three lawmakers — Ahmed Attoun in al-Bireh, Hatem Qafisha in Hebron and Mohammed al-Tal in al-Dhahiriyya.
Hamas condemned the arrests as a “criminal act.”
Related article
- Israel arrests 22 Hamas members ahead of Fatah-Hamas talks (alethonews.wordpress.com)
Homeland Security Approves Seizure of Cell Phones and Laptops within 100 Miles of Border; Report Remains Secret
By Matt Bewig | AllGov | February 11, 2013

(graphic: ACLU)
Americans have no Fourth Amendment rights against unreasonable searches and seizures if they happen to be within 100 miles of the border, according to the “Executive Summary” of a still-secret report by the Department of Homeland Security (DHS). As the ACLU-created map above shows, nearly 2/3 of Americans (197 million people)—including the entire populations of Florida, Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New Jersey, Delaware, Maryland, Washington, DC, and Michigan—live in this “Constitution free” zone, as do the residents of the nation’s five most populous cities: New York, Los Angeles, Chicago, Houston and Philadelphia.
The secret report is DHS’s response (two years late) to critics of its policy, in place since at least 2008, of allowing border control agents, without a warrant or even a suspicion of wrongdoing, to search any travelers’ electronic devices (laptops, cell phones, tablets, cameras, etc.) and seize data they find. According to a Freedom of Information Act request (FOIA) filed three years ago by the ACLU, DHS subjected more than 6,500 travelers—nearly half of them U.S. citizens—to searches under this policy between October 2008 and June 2010.
The Executive Summary of the secret report, which DHS is allowing the public to see, sets forth its conclusions without even summarizing the reasoning underlying them. Thus it asserts that “imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” but is silent on how DHS defines “civil rights/civil liberties benefits” or how it balances these against its institutional needs.
The ACLU, which has already filed an FOIA request demanding the full report, released a statement arguing that “allowing government agents to search through all of a traveler’s data without reasonable suspicion is completely incompatible with our fundamental rights: our Fourth Amendment right to privacy—and more specifically the right to be free from unreasonable searches—is implicated when the government can rummage through our computers and cell phones for no reason other than that we happen to have traveled abroad. Suspicionless searches also open the door to profiling based on perceived or actual race, ethnicity, or religion. And our First Amendment rights to free speech and free association are inhibited when agents at the border can target us for searches based on our exercise of those rights.”
To Learn More:
DHS Watchdog OKs ‘Suspicionless’ Seizure of Electronic Devices Along Border (by David Kravets, Wired)
Light on the Dark Side of Dorner’s Rampage
By Linn Washington Jr. – This can’t be happening – 02/11/201
On September 10, 2012 the Los Angeles Times published an article with the headline: “LAPD to hold meetings on use of force policies.”
Top Los Angeles police officials announced those community meetings to counter growing criticism about videoed brutality incidents involving LA police officers in the preceding months, that article noted.
On November 24, 2012 The Daily Beast posted an article with the headline: “In Los Angeles, Questions of Police Brutality Dog LAPD” reporting abuse incidents by officers of that department placed under federal oversight between 2001 and 2009 after repeated brutality and corruption scandals.
Over two months after that Daily Beast posting about LAPD brutality a fired LAPD officer unleashed a murderous rampage as revenge against his claimed unfair firing by the LAPD.
That former LAPD cop, military veteran Christopher Dorner, claimed his attack campaign was retaliation against retaliation LAPD personnel directed against him for his reporting a 2007 brutality incident he observed while on duty.
LAPD officials found Dorner’s brutality claim against a policewoman unfounded and fired him for filing false statements. The father of the alleged victim said his mentally ill son confirmed Dorner’s account.
LA police officials contend that man sustained facial injuries from falling into some bushes while resisting arrest by Dorner, not from the female officer’s kick.
Despite the recent record of brutality detailed in news coverage last fall, a New York Times article on the Dorner rampage inferred brutality by Los Angeles police – brutality that sparked two of America’s most destructive urban riots – was not a current problem.
The last sentence in the seventh paragraph of that February 7, 2013 New York Times article stated: “Mr. Dorner laid out grievances against a police department that he said remained riddled with racism and corruption, a reference to a chapter of the department’s history that, in the view of many people, was swept aside long ago.”
That ‘view’ of many people cited in the NY Times article obviously did not include the views of the dozens participating in an October 2012 demonstration against police brutality outside the LAPD headquarters.
On October 22, 2012 the Los Angeles Times published an article with the headline: “Downtown L.A. streets closed by protest at LAPD headquarters.”
Yes, the 1992 riots that rocked LA following the state court acquittal of the four LA police officers charged in the videoed savaging of Rodney King – a disturbance causing over $1-billion in damages and claiming 53 lives – arguably qualifies as long-ago.
But long-ago does not apply to incidents within the past year like the woman kicked in her groin by a female LAPD officer in July 2012 who died minutes later while hog-tied inside a patrol car.
That ‘view’ cited in the NY Times article is not shared by victims of the incidents triggering those LAPD brass community meetings like the skate boarder suckered punched by police, the nurse slammed to the ground by two officers who gave each other a fist-bump for their take-down and the handcuffed man shot by police.
While ‘many people’ certainly believe or want-to-believe LAPD brutality is long gone, perhaps by reforms implemented during that federal oversight, news media accounts pushing that view without balance of companion context comprise an element (albeit small) in the constant framing of police brutality as isolated incidents instead of long standing, systemic procedure by police across America.
At least that NY Times article referenced racism and brutality unlike many media entities that reported Dorner’s rampage without providing context beyond his crazed reaction to his firing.
The March 1968 Kerner Commission Report on sixties-era urban riots – the majority triggered by police abuse incidents including the deadly 1965 LA Watts Riots – criticized the news media for failing to “analyze and report adequately on racial matters” in America that included coverage of festering grievances like police brutality.
Compounding context-deficient coverage, news media reportage on police brutality rarely examines the central role played by prosecutors in perpetuating the problem.
The Los Angeles DA’s Office pushed one case protecting alleged police misconduct all the way to the U.S. Supreme Court, where in 2006 that court’s conservative majority issued a ruling experts said eroded protections for whistle-blowing public employees.
The case involved a veteran LA prosecutor who said supervisors retaliated against him arising from his exposing improprieties by a deputy during a drug investigation. Those supervisors pursued the drug prosecution despite those improprieties and then bashed the whistle-blower for providing the defense details of the improprieties as required by law.
That 11/12 Daily Beast article began with an anecdote about LA city prosecutors declining to charge officers caught lying about a December 2010 incident where a woman was beaten and tazed by four officers, one of whom videoed the incident.
Fired Officer Dorner alleged that his LAPD problems began in July 2007 when his training officer, a female, kicked a man during an arrest outside a hotel. Dorner claimed that training officer and their immediate supervisor compelled him to fudge his official report omitting the kicking, according to court findings.
LAPD officials found Dorner guilty of making false statements relying largely on an Internal Affairs investigation. The IA investigator interviewed the training officer and two hotel employees but neither Dorner nor the victim according to an October 2011 California state appellate court ruling that upheld a trial court ruling rejecting Dorner’s appeal of his 2009 LAPD firing.
LAPD officials, in their administrative proceeding, faulted Dorner for failing to immediately report the alleged kicking incident. Officials brushed aside Dorner’s stated fears of backlash for exposing that alleged misconduct and his having quickly reported that incident privately to two LAPD supervisors he knew whom he also had told about racial slurs directed at him during his police academy training.
Officials also claimed Dorner manufactured the brutality complaint to maliciously deflate an adverse performance evaluation he suspected he would receive from his training officer.
LAPD officials have initiated a reexamination of Dorner’s firing since the rampage began.
Dorner, in an online manifesto posted before his rampage, criticized the fact that officers involved in both the Rodney King and other brutality scandals were promoted not penalized.
An analysis of the Dorner incident prepared by Drexel University professor George Ciccariello-Maher and Mike King, a PhD candidate at UC Santa Cruz reminded that brutality against non-whites remains a “structural function” of the LAPD.
“It is the commonness of excuses for police abuse/murder, the erasure of the victims as collateral damage that should be highlighted when trying to make sense of this broken, rogue, former Los Angeles cop,” Ciccariello-Maher and King wrote.
Photo – credit Wikipedia
Related Articles:
Americans protest police brutality
10 Shocking U.S. Police Brutality Videos Caught on Surveillance Cameras
FBI ‘Stops’ Yet Another Of Its Own Terrorist Threats
TechDirt | February 8, 2013
Well, there they go again. We’ve talked a bunch about how the FBI has gotten really good at stopping its own terrorist plots and they’ve gone and done it again. Right here in the San Francisco Bay Area, the FBI has gleefully announced how they’ve stopped an attempt to bomb a Bank of America building in Oakland. The details are familiar: random guy with no actual connection to terrorists, and no actual way to build a connection with terrorists, is taken in by an FBI undercover agent who works with him to build a “bomb” that was never a bomb. In other words, there was no plot. There was no bomb. There was just a bunch of undercover agents playing dressup, and one Joe Schmo who thought it was all real. Maybe next time, the FBI can turn it into a reality TV show on Spike. Ralph Garmin as… a fake terrorist. I’d watch it.
This all comes just a week after On the Media profiled a new book called Terror Factory: Inside the FBI’s Manufactured War On Terrorism. That book appears to collect a bunch of these stories, talking about how this is a major effort in the FBI these days: making up fake terrorist plots in order to stop people they themselves convinced to take part in the “plots” and then generate big headlines around them:
The Terror Factory: Inside the FBI’s Manufactured War on Terror shows how the FBI has, under the guise of engaging in counterterrorism since 9/11, built a network of more than 15,000 informants whose primary purpose is to infiltrate Muslim communities to create and facilitate phony terrorist plots so that the bureau can then claim victory in the war on terror.
Think of just how many resources are wasted in entrapping random people, rather than stopping real crime. I don’t see how this makes us any safer at all. Frankly, it makes me a lot more terrified.



