How to Protect Civil Liberties While Protecting Against Terrorism
Rogers Smith
Christopher H. Browne Distinguished Professor of Political
Science
Several investigations have now shown that America’s failure to prevent the 9/11 attacks was not a failure of intelligence gathering, and it was not due to lack of authority to detain or deport suspected terrorists. Some of the men who committed the attacks were on various intelligence agency watch lists. But those lists were not shared with visa-granting authorities. Some then overstayed their visas or committed other violations, but they were not located and deported, even though some other agencies knew where they were. But that information was not shared. If we had denied entry to some and deported others, as we could have done with the information we had, the September 11 attacks probably would never have occurred.
Why did we fail to share and analyze information? The answer is that wall which arose from laws and agency cultures during the Cold War. Criminal justice officers neglect information not likely to lead to rapid arrests. Intelligence agencies do not share information with other officials so they can protect their sources. We have begun to promote better information sharing, but we need to do much more. But we also therefore need new systems for data verification and new rules on the use of intelligence so that persons are not detained indefinitely on unconfirmed suspicions. If we promote better information sharing, analysis, verification, and use, we can defend against terrorism without sacrificing civil liberties. Thank you.