WASHINGTON — Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions.
President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.
Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.
“Hammer this fact home . . . leaking is tantamount to aiding the enemies of the United States,” says a June 1, 2012, Defense Department strategy for the program that was obtained by McClatchy.
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The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.
“It was just a matter of time before the Department of Agriculture or the FDA (Food and Drug Administration) started implementing, ‘Hey, let’s get people to snitch on their friends.’ The only thing they haven’t done here is reward it,” said Kel McClanahan, a Washington lawyer who specializes in national security law. “I’m waiting for the time when you turn in a friend and you get a $50 reward.”
The Defense Department anti-leak strategy obtained by McClatchy spells out a zero-tolerance policy. Security managers, it says, “must” reprimand or revoke the security clearances – a career-killing penalty – of workers who commit a single severe infraction or multiple lesser breaches “as an unavoidable negative personnel action.”
Employees must turn themselves and others in for failing to report breaches. “Penalize clearly identifiable failures to report security infractions and violations, including any lack of self-reporting,” the strategic plan says.
The Obama administration already was pursuing an unprecedented number of leak prosecutions, and some in Congress – long one of the most prolific spillers of secrets – favor tightening restrictions on reporters’ access to federal agencies, making many U.S. officials reluctant to even disclose unclassified matters to the public.
The policy, which partly relies on behavior profiles, also could discourage creative thinking and fuel conformist “group think” of the kind that was blamed for the CIA’s erroneous assessment that Iraq was hiding weapons of mass destruction, a judgment that underpinned the 2003 U.S. invasion.
“The real danger is that you get a bland common denominator working in the government,” warned Ilana Greenstein, a former CIA case officer who says she quit the agency after being falsely accused of being a security risk. “You don’t get people speaking up when there’s wrongdoing. You don’t get people who look at things in a different way and who are willing to stand up for things. What you get are people who toe the party line, and that’s really dangerous for national security.”
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Obama in November approved “minimum standards” giving departments and agencies considerable leeway in developing their insider threat programs, leading to a potential hodgepodge of interpretations. He instructed them to not only root out leakers but people who might be prone to “violent acts against the government or the nation” and “potential espionage.”
The Pentagon established its own sweeping definition of an insider threat as an employee with a clearance who “wittingly or unwittingly” harms “national security interests” through “unauthorized disclosure, data modification, espionage, terrorism, or kinetic actions resulting in loss or degradation of resources or capabilities.”
“An argument can be made that the rape of military personnel represents an insider threat. Nobody has a model of what this insider threat stuff is supposed to look like,” said the senior Pentagon official, explaining that inside the Defense Department “there are a lot of chiefs with their own agendas but no leadership.”
The Department of Education, meanwhile, informs employees that co-workers going through “certain life experiences . . . might turn a trusted user into an insider threat.” Those experiences, the department says in a computer training manual, include “stress, divorce, financial problems” or “frustrations with co-workers or the organization.”
An online tutorial titled “Treason 101” teaches Department of Agriculture and National Oceanic and Atmospheric Administration employees to recognize the psychological profile of spies.
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“It’s about people’s profiles, their approach to work, how they interact with management. Are they cheery? Are they looking at Salon.com or The Onion during their lunch break? This is about ‘The Stepford Wives,’” said a second senior Pentagon official, referring to online publications and a 1975 movie about robotically docile housewives. The official said he wanted to remain anonymous to avoid being punished for criticizing the program.
The emphasis on certain behaviors reminded Greenstein of her employee orientation with the CIA, when she was told to be suspicious of unhappy co-workers.
“If someone was having a bad day, the message was watch out for them,” she said.
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The Bush administration allegedly tried to silence two former government climate change experts from speaking publicly on the dangers of global warming. More recently, the FDA justified the monitoring of the personal email of its scientists and doctors as a way to detect leaks of unclassified information.
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The Pentagon, meanwhile, declined to answer how its insider threat program would accommodate a leak to the news media like the Pentagon Papers, a top-secret history of U.S. involvement in Vietnam that showed how successive administrations had misled the public and Congress on the war.
“The danger is that supervisors and managers will use the profiles for ‘Disgruntled Employees’ and ‘Insider Threats’ to go after legitimate whistleblowers,” said the second Pentagon official. “The executive order says you can’t offend the whistleblower laws. But all of the whistleblower laws are about retaliation. That doesn’t mean you can’t profile them before they’re retaliated against.”
Greenstein said she become the target of scrutiny from security officials after she began raising allegations of mismanagement in the CIA’s operations in Baghdad. But she never leaked her complaints, which included an allegation that her security chief deleted details about safety risks from cables. Instead, she relied on the agency’s internal process to make the allegations.
The CIA, however, tried to get the Justice Department to open a criminal case after Greenstein mentioned during a polygraph test that she was writing a book, which is permitted inside the agency as long as it goes through pre-publication review. The CIA then demanded to see her personal computers. When she got them back months later, all that she’d written had been deleted, Greenstein said.
“They clearly perceived me as an insider threat,” said Greenstein, who has since rewritten the book and has received CIA permission to publish portions of it. “By saying ‘I have a problem with this place and I want to make it better,’ I was instantly turned into a security threat,” she said. The CIA declined to comment.
Read more here: http://www.mcclatchydc.com/2013/06/20/194513/obamas-crackdown-views-leaks-as.html#.Ucdfvjttjp8#storylink=cpy
Read more here: http://www.mcclatchydc.com/2013/06/20/194513/obamas-crackdown-views-leaks-as.html#.Ucdfvjttjp8#storylink=cpy
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