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The Honolulu Advertiser
Posted on: Sunday, September 6, 2009

Obama team pressing to keep terror list secret


By Ellen Nakashima
Washington Post

GROWING LIST

A closer look at the nation's terror watch list:

  • A consolidated government watch list was created in 2004 at the Terrorist Screening Center. As of last September, it included about 1.1 million names and aliases corresponding to 400,000 individuals.

  • The TSC feeds names and other data to the Transportation Security Administration's air passenger "no-fly" list, the State Department's Consular Lookout and Support System list, and the FBI's Violent Gang and Terrorist Organizations File.

  • A person is included in the list if he or she is "known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism."

  • Justice Department Office of the Inspector General found the watch-list process to be flawed.

  • The TSC said that fewer than 5 percent of the 400,000 people whose names are on the watch list are U.S. citizens or permanent residents.

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    WASHINGTON — The Obama administration wants to maintain the secrecy of terrorist watch-list information it routinely shares with federal, state and local agencies, a move that rights groups say would make it difficult for people who have been improperly included on such lists to challenge the government.

    Intelligence officials in the administration are pressing for legislation that would exempt "terrorist identity information" from disclosure under the Freedom of Information Act. Such information — which includes names, aliases, fingerprints and other biometric identifiers — is widely shared with law enforcement agencies.

    Still, some officials say public disclosure of watch-list data risks alerting terrorism suspects that they are being tracked and may help them evade surveillance.

    Advocates for civil liberties and open government argue that the administration has not proved the secrecy is necessary and that the proposed changes could make the government less accountable for errors on watch lists. The proposed FOIA exemption has been included in pending House and Senate intelligence authorization bills at the administration's request.

    "Instead of enhancing accountability, this would remove accountability one or two steps further away," said Steven Aftergood, director of the Federation of American Scientists' Project on Government Secrecy.

    When the FBI's Terrorist Screening Center disseminates data from watch lists to state and federal agencies, the information is unclassified, though marked "for official use only." Officials said that the information could be obtained under a FOIA request and that such data has been released under FOIA.

    Michael G. Birmingham, a spokesman for the Office of the Director of National Intelligence, said that the intelligence community is seeking "adequate protection from disclosing terrorist identity information" to the public because "no (such) exemption currently exists under FOIA." One intelligence official said the information's disclosure creates a host of difficulties.

    "Here's the problem," the official said, speaking on the condition of anonymity because he was not authorized to speak on the record. "If you've got somebody, including a suspected terrorist, who can FOIA that information, you're making intelligence-gathering methods vulnerable. You're possibly making intelligence agents and law enforcement personnel vulnerable."