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Archive for July, 2009

If It Ain’t Broke, Don’t Change It

Thursday, July 30th, 2009

Yesterday Secretary Napolitano reached out to the public with a message to encourage citizen participation in the fight against terrorism. (Yes, I said it: terrorism. And so did she.) The message isn’t a new one but it is good to hear repeated.

For those paying attention former Secretary Chertoff repeated over and over that complaceny was one of his biggest fears in our fight against terrorism. Reinforcing individual responsibility and encouraging participation in our battle against terrorism was a focal point of the Department’s communication efforts.

From the beginning of the Department its leaders have preached citizen awareness and responsibility. The “duct tape and batteries” advice, so ridiculed by the media, was simply a way of letting the public know how it can stay prepared. Viligant and alert passengers was an integral piece of the layered security approach implemented by TSA.

The Secretary’s speech last night didn’t chart a new direction for homeland security. But it was an important message for several reasons. It did reinforce that the previous administration used the word “terrorism” to inform and educate as opposed to frightening. It did remind us that every individual plays a role in protecting all of us against people who want to do us harm. It reminded everyone that terrorism is real and complacency can be detrimental.

Sometimes change is good and sometimes it is unnecessary.

Watch out for Those Disney Toys in TSA Security Lines

Thursday, July 30th, 2009

Yet another embarrassing situation for TSA occurred earlier this week when TSA screeners at Fort Lauderdale airport decided to confiscate a toy sword and bright red wooden gun from two young boys on the way back home from Disney World.

To say that TSA’s reputation is tarnished from incidents like this one would be a significant understatement.  TSA officials will try to deflect the incident by pointing to a very large and dispersed workforce that makes mistakes from time to time.  I would agree with this statement – except for the fact that over the past several years TSA has boasted the professional nature of its workforce.  In fact, former Administrator Hawley was quick to point to extensive retraining requirements and a change in checkpoint operating procedures allowing screeners to be more analytical and less “checklist-oriented.”

I would argue that TSA still has a long way to go in this area and in restoring its reputation in the eyes of the American public.  In the early days of TSA, the agency had a number of loaned employees that helped establish the agency.  One such employee was from Disney – focused solely in determining how the new checkpoint queuing lines should be established (clearly Disney has some experience in this area).

Well, shortly after learning of the confiscated toys from the two young boys, Disney quickly agreed to replace the toys at no cost.  It appears that TSA still has some learning to do from Disney.

Communications – The Muscle Not Exercised

Wednesday, July 29th, 2009

This week, DHS, various federal departments, a range of state, local and tribal governments as well as members of the private sector, and international participants are taking part in the National Level Exercise 2009 (NLE09). The successor to the Top Officials Exercises (TOPOFF), NLE09 is testing how well all of these players interact with one another in sharing information and intelligence in terrorism prevention and protection, as opposed to incident response and recovery which have been the focus of previous national level exercises.

Exercises such as these are essential and rewarding on many levels.  They allow all of the ”players” to not only work their respective roles and plans, but more importantly enable understanding of how they can and should work with their colleagues from other parts of the public and private sectors around the nation and the world.  The lessons that they take away from these efforts are often cause for each of the players to reshape and rethink what they will do the next time something “for real” occurs.

As valuable as NLE09 may be, I find myself incredibly frustrated by our lack of exercise to the one muscle in which everything depends upon during any emergency – communications.

Regardless of the incident, communications is the essential muscle on which every event is dependent.  From the President to the first responder on the scene, how they all communicate and connect with one another, what means they use and how they are utilized is essential for immediate and accurate situational awareness and directing response and associated resources.

As critical as this muscle is and for as much as we have talked about it (and spent on it), we have not taken the time to truly exercise the communications muscle the way it needs to be done.

God knows we have literally spent billions of dollars on the interoperability issue and have probably purchased every conceivable radio system available, but do we know how they will all work together?  Furthermore, do we have back-up systems in place, that are ready to go and people who know how to use them should they be needed?

September 11th, Katrina, California wild fires, Mid-West floods, Kentucky ice storms and more have all seen communications architectures disrupted, destroyed, or overcome by events leaving phone lines, first-responder radios, 9-1-1 systems, Blackberries/PDAs, cell phones and more completely useless.  As a result, emergency response and situational awareness of the conditions in disaster affected areas are severely impeded putting even more lives and property at risk.

It is mind-numbing to me, as someone who believes heart and soul in the homeland mission and as an American taxpayer, that we can be so short-sighted in this type of behavior.  Lives literally depend upon voices and information being able to connect with one another during an emergency yet we seem to consciously avoid exercising on a national level the conditions, tools, protocols and back-up systems in which all of our lives are ultimately dependent.

In offering this criticism I am fully conscious that there are state and local governments, public safety/first responders and private sector members that do exercise communications and are versed in the use of back-up systems when architectures fail.

•    The State of Alabama conducted a week-long exercise in May of this year solely focused on the durability of its communications networks to see what they could and could not handle.
•    Two weeks ago, AT&T led a network disaster recovery exercise at RFK Stadium — the largest in the company’s history to simulate how it could handle a 9/11 or Katrina like event.
•    The State of Minnesota had been drilling its communications networks in the months prior to the I-35W Bridge collapse in August 2007.
•    In February 2009, when ice-storms destroyed huge swaths of the physical communications infrastructure, the Kentucky Department of Public Health utilized a satellite radio back-up system to keep its State’s hospitals and health care facilities connected for weeks until repairs could be made. The same system is contributing to the State’s Swine-Flu/H1N1 Flu communications efforts.

These examples and others are signs of intelligent life on this issue but there still seems to be complete lack of national courage to exercise the fundamental muscle we need to have in top-shape when large scale emergencies arrive.

Why?

If you ask the organizers or planners of the previous TOPOFF exercises or this year’s NLE09 why, you will get answers like:

“It’s not a priority for this simulation.”

“We are choosing to focus on other areas that are more important.”

My favorite “off- the record” excuses have been:

“It’s too hard,” or “We know we would fail and don’t want to look bad.”

I agree that there are lots of priorities that need focus in exercises and failure makes everyone look bad but if we don’t exercise our communications muscle, the other responses and actions can not effectively take place.

As any winning team will tell you, if you practice as hard as you play, your performance will show and if you read the June 2009 GAO Report on Emergency Communications, we need a lot of practice in these areas!

It’s time our national level exercises worked out, practiced and flexed their communications muscles accordingly and quit finding reasons to skip the heavy lifting and painful lessons learned.

I’d rather have that workout pain and failure in practice than be unable to perform when it’s game time and points on the scoreboard really matter.

All of our lives depend on it and its time we started really working out.

HS Today: Heightened Color-Coded Alerts Guide Security Measures

Wednesday, July 29th, 2009

Mickey McCarter of HS Today spoke with Security Debrief contributor Randy Bearsworth about his recent appointment to Secretary Napolitano’s 60-day task force regarding the current terror alert system.  Breadsworth, who most recently co-chaired the Presidential Study Directive-1 (PSD-1): Organizing for Homeland Security and Counterterrorism, spoke with HS Today about the goals of the system and future of notifying both the public and government partners in the case of an emergency.

Heightened Color-Coded Alerts Guide Security Measures – HS Today

Member of task force to revise advisory system defends its utility but emphasizes that it must evolve

The color-coded threat alert system may regularly be the butt of jokes but it serves an important purpose that a new task force must refine, one of its members told HSToday.us in an exclusive interview.

Although sometimes appropriately ridiculed, the Homeland Security Advisory System serves a critical function to inform federal agencies, private business, and US citizens of a posture to take in response to threat intelligence, said Randy Beardsworth, former assistant secretary of Homeland Security for Strategic Plans.

Breaking: Secretary Napolitano outlines new Administration’s vision for counter-terror and homeland security

Wednesday, July 29th, 2009

Homeland Secretary discusses security plans – washingtonpost.com

U.S. Homeland Security Secretary Janet Napolitano on Wednesday called for more public participation to guard against terrorist threats, part of the Obama administration’s strategy to keep the country safe.

The strategy involves cooperation of local law enforcement, the federal government and U.S. allies along with ordinary Americans in a collective fight, she said in a speech to the Council on Foreign Relations.

The country’s counter-terror approach needs to be “more layered, networked and resilient to make it smarter, and more adaptive,” her prepared text said.

A Rift Concerning Cyber Security

Wednesday, July 29th, 2009

It has been noted by me and many others that Cyber Security is a key issue for the Obama Administration.  The President himself rolled out the  May 29th Cyberspace Policy Report, and stamped it as one of his priorities.  He also made it a mandatory management priority for all his senior people.  Added to that, there has been a steady drum beat of incidents lately that continues to keep cyber security in the news.  The Cyber Threat has been described as large and increasing, both in magnitude and sophistication.  It seemed to be a “no brainer” that steps would be taken, money spent, and effort expended to fix the vulnerabilities that have been noted by so many experts.

There is however, an interesting development that has been noted by several leaders on the industry side.  It seems that whenever industry leadership meet with equally highly positioned political appointees, Cyber Security almost always comes up.  It generally ranks in the top three issues for agency leadership teams.  Those same people say that when they or their teams talk with the high up career government folks, Cyber Security is hardly ever raised at all.  When it does, it is dismissed as a passing fad, and something that “we already do enough of.”  If it gets any attention, it is covered by a request for “whatever new device or program we need to fix this,” and nothing else.

This is very disheartening.  The career SES personnel and their people are supposed to be the ones providing expertise to the political appointees.  In this case, they are not merely failing their bosses, but they are undercutting them, and ignoring a priority that has come from the highest level of our government.

I am well aware that our career civil servants, particularly the Senior Executives are a superbly qualified and experienced group who provide the continuity and balance to our system which sees political appointees move in and out of government with unfortunate frequency.  I have personally championed these great Americans because I saw first hand for nearly eight years what they can do for our nation.  In the area of Cyber Security, if the impressions of those to whom I have spoken are correct, I fear they are letting down their superiors, their Agencies, and the Nation.

Cyber Security is not a new issue. We have grappled with security of all sorts for decades, and the protection of information and communications means did not start yesterday.  But, to dismiss the changes that have occurred in the last few years in connectivity, in interdependence across sectors, and in threat levels to them as “nothing new”, is dangerously ludicrous.  Everything we do today runs on the back of the Internet, all our services, all our finances, all our communications, and all our security services.

We cannot do business as usual.  If there is any truth to this split, and I firmly believe there is, then it must be fixed immediately.  There is a hilarious British sitcom that focuses on the political appointee/career civil servant issue.  In it, a hapless minister is constantly frustrated in his efforts to move the government’s programs forward by his wily and deeply entrenched career chief of staff.  No matter what the minister directs, the career chief simply says “Yes Minister” (which is the name of the show), and does whatever he pleases.

In Cyber Security in 2009, this cannot be allowed to happen.  The seriousness of the situation must be made apparent to the career leaders as well as the political appointees, and a concerted effort must be made to address the threat holistically, and vigorously.  We cannot allow this rift to continue, or the nation will suffer.

Sunday’s Post – The Making of a Secret Service Agent

Monday, July 27th, 2009

Sunday’s Washington Post Magazine (July 26, 2009), profiled the intense and what can only be described grueling process to become a Special Agent of the US Secret Service. Taking you through the backgrounds of some of the members of Special Agent Training Class No. 283 and the various obstacles and challenges that each has to overcome to graduate, Laura Blumenfeld’s article ‘The Making of an Agent,’ captures why this unique federal law enforcement branch and the men and women that make it up is as unique as it is.

I’ve been fortunate to know and work with several members of the Secret Service, several of which are retired Special Agents.  While I was always impressed by them and their backgrounds, and proud to consider many of them as personal friends, I put the paper down yesterday morning and couldn’t help but be in greater awe of them and what they went through to perform their jobs.

Like most Americans, I fully understood that each of them was prepared to take a bullet for the President or any of the principals that they were protecting, but it’s another thing to read about the physical and mental training that they go through in the beginning of their careers and know that it never stops.  I’m sure there were some readers that probably think that the training goes too far or is too over the top, but as the article pointed out, cutting corners in doing their job and making excuses are not acceptable.  The only thing that matters are results.

When you’re doing the job they have signed up and sworn to do, that’s all that matters and the nation is all the better for their service.

Privacy Remains a Prime Government Concern

Sunday, July 26th, 2009

It’s clear to me that privacy remains the overriding concern of the Obama Administration as it continues to wrestle with Cyber Security.

On July 22nd, I attended two separate events: the Juniper / Federal Computer Weekly breakfast at the Willard Hotel and a presentation at the U.S. Chamber of Commerce by DNI Denny Blair.  At the first, the keynotes were Mr. Tom Donahue of the alternative Security Staff (Director, Cyber Policy), and former CIO of the Intel Community MG (ret.) Dale Meyerrose.

Donahue’s excellent presentation began where it should have.  He declared that this was the beginning of a dialogue on Identity Management.  The discussion was enlightening on one hand, and disheartening on another.  This was due to the fact that Donahue had a lot more questions than answers.  I do not refer to technology answers, but policy answers.  It seems that the Administration is only now diving into this key issue.  The main take away for me was the number of times and ways Donahue focused on the fact that privacy was the really big issue here.  While he never said it out right, my impression was that privacy will always trump security.  We can be secure ONLY if it in no way impinges on privacy.  That is a standard that cannot be met.  There must be some balance.

Meyerrose was much more practical.  He gave privacy its due, but commented that many people think that anonymous access to the Internet is a right guaranteed in the Constitution.  He did point out that in the July 21st Washington Post, he found fourteen articles that dealt with identity in one way or another.  This issue is hot, and is critical to cyber security.

DNI Blair also addressed Cyber Security, and he immediately went to the “Privacy Disclaimer”.  It seems that there are definite “3d Rails” in this debate.  They were, no National ID cards, no data storage, and as little government participation as possible.

We need to continue to work through this morass.  However, we cannot cede the field to either those who say we can have no control (total anonymity and freedom), or those who would lock down everything (security over all rights).  Where is the call for balance?  We need it badly, and the Administration’s tendency to mollify a certain segment of their supporters is not being helpful.

They’re Baaaaack: The 9/11 Commission Rises Phoenix-Like to Haunt the New Administration and Congress

Saturday, July 25th, 2009

Just as they did under the old and more urgent-sounding moniker of the “9/11 Commission,” and then again under the less-urgent and more bureaucratic-sounding “9/11 Public Discourse Project,” Lee Hamilton and Thomas Kean are back on the national scene, beating the drums to make sure that the nation continues to maintain a focus on homeland security and evolve it security capabilities.

Today, they are doing it under the auspices of the “National Security Preparedness Group (NSPG).” Which kind of sounds like some internal working group at the Chamber of Commerce or a new lobbying firm in Washington. No matter, it’s an important job.

The 9/11 Commission was the most venerable of various independent and bipartisan ad hoc groups put together to assess what went wrong in the wake of the September 11th attacks. Their resulting study is one of the few well-read official public policy documents to be published in some time. Part of the respect the Commission generated was due to its genuinely bipartisan composition. Tom Kean, the former Republican governor of New Jersey, and Lee Hamilton, the respected former congressman and chairman of the House Foreign Affairs Committee, set the serious-but-amicable tone of the group that spent months studying the events that led to 9/11. Many of their resulting recommendations were seen as mapping out a blueprint for strengthening homeland security.  Indeed in 2007 Congress passed the “9/11 Act” which took many of those recommendations – along with some misinterpretations of those recommendations  – and enacted them into law.

Getting their recommendations into law, however, was no easy feat. At first, the report by the 9/11 Commission was destined to the same fate as those produced by most such congressionally appointed blue-ribbon panels – to gather dust. Give credit to Hamilton and Kean for not sitting back and allowing that to happen. Former successful politicians themselves, they understood how to run a sharp public relations campaign, which they promptly set about doing. Thus did the official “9/11 Commission” morph into the “9/11 Public Discourse Project,” which was neither official nor sanctioned by Congress. In fact, many in Congress no doubt wished these guys would just go away, as many today probably wish the same of the NSPG. But they didn’t go away, and their ongoing campaign to see their recommendations put into law was effective – up to a point. After all, we are talking about Congress.

One of the most glaring failures of Congress, for example, was to ignore the Commission’s call to streamline congressional oversight of the Department of Homeland Security. The eighty-plus committees and subcommittees on Capitol Hill all claiming some degree of jurisdiction over DHS has made the concept of oversight a joke.  This results in tremendous inefficiencies for the Department, which already labors under a mammoth mission and organizational structure with too few resources and must also scramble to constantly react to the steady stream of hearing requests and committee inquiries. Far more important, though, is the resulting byzantine and often-conflicting congressional directives aimed at DHS. Both Secretary Tom Ridge and Secretary Michael Chertoff pleaded with Congress to fix the problem, and no doubt Secretary Napolitano will follow suit once she’s had to deal with congressional schizophrenia long enough. However, without an independent and pr-savvy organization like the NSPG making the case and keeping the pressure on Congress, it’s unlikely this step will ever occur. While Congress is pretty darn good at criticizing DHS, it rarely turns a critical eye on itself; its members are more interested in protecting their turf than in reform.

Other reform recommendations included in the original 9/11 Report which have yet to see implementation include an entry/exit system. The Department established US VISIT to serve this purpose but has only managed to implement an entry system with no exit system, like some kind of massive Hotel California project. Currently, DHS is transforming US VISIT into a completely different creature, more of a biometrics hub to service the various component agencies of 9/11 than its original mission of establishing an entry/exit system. It’s unclear where Congress comes down on this; it’s unclear if members of Congress are even aware of it.

Another area that could become politically charged is secure drivers’ licenses. After Congress passed the REAL ID Act under Republican rule, many states rebelled claiming that Congress had issued another unfunded mandate. (And they were right.) However, we still face the prospect of many states having sieve-like processes for obtaining drivers’ license, filled with security vulnerabilities that are exploited every day. Usually the system is gamed so that illegal immigrants can get official documents that allow them to work and function in the United States. However, if illegal immigrants can game the system, so can transnational criminal and international terrorists – as was all-too-terribly proven on September 11th. Secretary Napolitano recently announced DHS would back away from REAL ID and replace it with a new approach known as PASS ID. It will be interesting to see where the former members of the 9/11 Commission come down on this burgeoning debate.

There are any number of other specific policy actions that the NSPG will undoubtedly seek to push into law. However, the group’s real value is simply its existence. As before, it is unquestionably bipartisan. It will no doubt at various times annoy purists on both sides of the ideological spectrum, but the credibility of the group cannot be questioned. It not only includes respected homeland security officials and leaders from both parties; it also includes journalists and think-tank analysts, such as “Looming Tower” author Lawrence Wright, CNN national security correspondent Peter Bergen and Stephen Flynn, who has made a name for himself after retiring from the Coast Guard as a homeland security analyst at the Council on Foreign Relations.

Below is a full list of the National Security Preparedness Group members:

The Honorable Thomas H. Kean, Co-Chairman

Former Governor of New Jersey, THK Consulting

The Honorable Lee H. Hamilton, Co-Chairman

Former Congressman from Indiana, President and Director of the Woodrow Wilson International Center for Scholars

The Honorable E. Spencer Abraham

Former U.S. Secretary of Energy and U.S. Senator from Michigan, The Abraham Group

Mr. Peter Bergen

CNN National Security Analyst and Author, Schwartz Senior Fellow at the New America Foundation

Dr. Stephen Flynn

Ira A. Lipman Senior Fellow for Counterterrorism and National Security Studies at the Council on Foreign Relations

Dr. John Gannon

BAE Systems, former CIA Deputy Director for Intelligence, Chairman of the National Intelligence Council, and U.S. House Homeland Security Staff Director

Dr. Bruce Hoffman

Georgetown University terrorism specialist and former Vice President for External Affairs at RAND Corporation

The Honorable Dave McCurdy

Former Congressman from Oklahoma and Chairman of the U.S. House Intelligence Committee, President of the Alliance of Automobile Manufacturers

The Honorable Edwin Meese III

Former U.S. Attorney General, Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies at The Heritage Foundation

The Honorable Tom Ridge

Former Governor of Pennsylvania and U.S. Secretary of Homeland Security, Senior Advisor at Deloitte Global LLP, Ridge Global

The Honorable Frances Townsend

Former Homeland Security Advisor and former Deputy National Security Advisor for Combating Terrorism under President George W. Bush

The Honorable Richard L. Thornburgh

Former U.S. Attorney General, Of Counsel at K&L Gates

The Honorable Jim Turner

Former Congressman from Texas and Ranking Member of the U.S. House Homeland Security Committee, Arnold and Porter, LLP

Mr. Lawrence Wright

New Yorker Columnist and Pulitzer Prize winning author of The Looming Tower: Al Qaeda and the Road to 9/11

Demonizing of ICE Agents Continues

Saturday, July 25th, 2009

“Heavily armed men in uniforms, breaking into private homes before dawn, seizing people without probable cause … routine behavior of immigration agents during raids … without warrants or other authorization …”

All this appeared in the first two paragraphs of Albor Ruiz’s article, “Study Shows Immigration and Customs Enforcement raids leave dissenters cold” in the New York Daily News. The article hypes a recent report on ICE released this week by the Cardozo School of Law at Yeshiva University.

Ruiz continues using terminology that includes “racial profiling”….”seize residents without legal basis”….”imagine the terror of children and parents who wake up at dawn to find their homes invaded”…. and, well, you get the idea. At least, you get the idea that Ruiz wants you to get, which is that ICE agents are out-of-control rogue cops.

He doesn’t stop there, also wrongly trashing the 287(g) program “for blatant profiling and human rights violations.”

If that was not enough, he also includes a disappointing quote from Barack Obama, when he was hot in the middle of campaign politics during the 2008 presidential campaign, to the National Council of La Raza a year ago: “When communities are terrorized by ICE immigration raids, when nursing mothers are torn from their babies, when children come home from school to find their parents missing, when people are detained without access to legal counsel, when all that is happening, the system just isn’t working, and we need to change it.”

ICE’s response was,”We do our job professionally and humanely,” adding that the agency recognizes the impact its actions have on people’s lives.

Not surprisingly, Ruiz does not mention anything about officer safety, the professionalism of the ICE officers, or the precautions the officers take to insure not only their safety, but the safety of all they encounter during an enforcement action.

Nor does Ruiz mention the direct effect ICE actions have on public safety every time they apprehend a criminal alien, or how each and every detained alien is read his/her rights and referred to a service that will provide free counsel if they cannot afford it.

Getting the facts straight is very important — all detained aliens receive due process of the law with the right to appeal their case to an immigration judge.  And, what is most importantly neglected in this article, is that ICE officers do routinely get injured when enforcing the law. The processes to which ICE agents strictly adhere are those that have been developed by professional law enforcement over the years to ensure not only the safety of the agents but also of the individual being arrested and the community at large.

What’s Past is Prologue So Eat Your Vegetables!

Friday, July 24th, 2009

Some of my fondest childhood memories involve parental proverbs offered with a raised brow and a half-smile.  I can still hear my mother, “son, an ounce of prevention is worth a pound of cure.”  When I was a kid, those disarmingly simple and wise words translated into: don’t go out with a wet head, eat your vegetables, or zip up your winter coat.

Today, after having the honor to serve at the U.S. Department of Homeland Security, those words are imbued with a much greater meaning and gravitas.  Being prepared must be fundamental to every company’s corporate culture — is your company ready for the next terrorist attack, natural disaster, network breach, pandemic, etc.?

Last week AT&T conducted it’s largest-ever network disaster recovery exercise at RFK Stadium in Washington, D.C.  The exercise is conducted several times per year to test the communications giant’s ability to bounce back from a plethora of emergency situations — from hurricanes to wildfires to terrorist attacks.  AT&T has conducted these field tests over fifty times since it established its Network Disaster Recovery program or NDR.  These tests help the company identify which systems have sufficient redundancy and safeguards and which systems need improvement.

Is your company regularly conducting tests and exercises?  Are you ready?

According to a recent study conducted by AT&T, the answer to that question is a deafening “no!”  The annual study found that even in the post-9/11 environment, one out of five companies had not even implemented a business continuity program.  Some 30% of the businesses surveyed do not consider implementing such a plan as a priority.  And, nearly half of those businesses that have a business continuity plan fail to regularly test it.

Hey Mom, please pass me some more spinach, I need to bulk up!

Corporate executives who allow their companies to continue operating without a fully implemented and regularly tested business continuity program are playing Russian roulette with their careers, the safety and well-being of their employees and customers not to mention their shareholders’ investments.

The foreseeable dangers to a corporation have become countless: cyber attacks, hurricanes, and an influenza pandemic, to name just a few.  Yet, the “it won’t happen to us” mentality still plagues America.  The reality is that it could happen and will happen and the costs could be catastrophic: lost sales, reputation damage, dilution of stock value, lawsuits, consequential damages, etc.

The only question is whether your business will be ready when the next hazard occurs?

During the same week that AT&T was conducting its network disaster recovery program, Twitter was hacked.  Confidential internal documents were stolen including employee salary information, internal meeting reports and financial projections.  This was the third publicly known attack on Twitter this year.  Over this past July 4th weekend, a cyber attack took down websites of government agencies and companies in the United States and South Korea.  In the early spring of 2009, cyber spies penetrated the US electrical grid planting programs that could disrupt the system; yet the private companies in charge of the infrastructure were unaware.

In the face of these dangers, the federal government continues to take the initiative.  Earlier this month, President Obama designated over $1.8 billion from a recent 2009 war spending bill to plan and prepare for the nation’s response in the case of an influenza pandemic.  In May of 2009, President Obama committed his administration to the protection of our information networks and critical infrastructure, vowing to build strong relationships with key groups in both the private and public sector.  The government cannot go at it alone.

Under the National Infrastructure Protection Plan (NIPP), the Department of Homeland Security identified 17 critical infrastructure and key resource sectors, including:  agriculture and food, defense industrial base, energy, healthcare and public health, banking and finance, water, chemical, commercial facilities, information technology communications, shipping, and transportation systems.  Businesses in these sectors must take robust steps to ensure, regardless of the hazard, the continuity of their business operations.  Critical to that effort is regular tests and exercises that stress test mission critical systems, identify shortcomings and areas for improvement and assess employee knowledge of what to do when a hazard strikes.

This week at an annual conference for federal judges and court officials, Homeland Security Secretary Janet Napolitano warned of, “an increasing cascade” of cyber-terrorism attacks and a renewed flu pandemic that could severely strain government institutions this fall.  The private sector is not immune and must heed Secretary Napolitano’s warning.

Though not from mom, Shakespeare’s quote from The Tempest, “what’s past is prologue,” is apropos.  Corporate America’s responsibilities have grown exponentially since the horrific Al Qaeda attacks nearly eight years ago and its leaders must face these new, diverse and complex burdens.  It is not too late to test your company’s continuity plan.  Before this fall conduct a pandemic exercise and make sure that all of your employees refresh themselves on your company’s continuity policies and procedures.

Soon the emergency that could never be will be front page news.  As FBI Director Robert Mueller often says, it’s not a question of if there will be another attack, it’s when.  Hopefully, you will have eaten all your vegetables.

Scott Louis Weber is a partner at the law firm Patton Boggs LLP and is the former Senior Counselor to the Secretary of the U.S. Department of Homeland Security.

Lawlessness At Sea

Friday, July 24th, 2009

Americans have been lulled into a false sense of security since being so far removed from the attacks of September 11, 2001.  Though many suggestions of the 9/11 Commission have been enacted, there are still many significant holes in our country’s maritime and port security.  Many Americans are shocked, and horrified, to learn that approximately 225 hostages are being held off the Somali coast at this very moment.  This security threat is far from solved, and in my opinion, the U.S. gave up a long time ago its preeminence in the maritime sector.

Piracy will continue to be a problem as long as Somalia remains a failed state.  Africa writ large is a broader security concern, but you cannot address the symptom of piracy without taking on the disease ashore.  The policy options all are lacking and reflect a broader strategic threat Africom was created to address. The bottom line: lawlessness on shore leads to lawlessness at sea.

The United States Navy is struggling with responding to the threat due to being spread too thin from imperial overstretch and an unwillingness to tackle this issue for other strategic and cultural reasons. Inviting an international flotilla to assist, as we’re helping coordinate, makes a lot of sense for many reasons but also raises some uncomfortable realities – such as Chinese combatants in the Indian Ocean.

The surprise of the Maersk Alabama was not that it was captured by pirates, but that a U.S. flag ship still exists on international routes.  International shipping is essentially stateless — with commercial tankers now built, owned, insured, crewed and flagged in many different places.  Each actor is loathe to assume liability, and many of these sailors are still hostage because no one wants to pay to cut them loose.

The UAE’s Dubai Ports World (DPW) fiasco a few years back was also emblematic of this broader crisis; Americans do not control, much less understand, international shipping and why it is vitally important to national interests.

There is the possibility of an alarming criminal nexus between the Middle East, London and the Puntland region in Somalia.  The stooges doing the hijacking are just pawns of bigger, shadowy forces.  What happens to the millions of ransom payments?  These suitcases of cash being dropped from helicopters are not being invested in Mogadishu hedge funds.

One Step Forward, Two Steps Back on Employment Verification

Thursday, July 23rd, 2009

This week, Congress held hearings to discuss the Department of Homeland Security’s E-Verify program. Senator Chuck Schumer threw a curve ball at the hearings complaining that E-Verify was a “half-hearted and flawed system.” While I don’t agree with this statement, it is refreshing that the Senator and others are beginning to take notice of the missing key to the program’s success: a broad-use identity verification tool.

Despite suggestions otherwise, E-Verify has proven to be a critically important tool for employers to use, free of charge, in an effort to determine an individual’s employment eligibility. The metrics on E-Verify use, accuracy, and speed are strong, and improving all the time. However, E-Verify’s Achilles heel remains its reliance on the accuracy of, and limitations on, information that is input into the system. If an employer is unable to confirm that the identity documents presented belong to the individual who presents them, what value is there to the “employment authorized” message from E-Verify if it is only confirming the authorization of the data entered?

Absent an identity tool tied to E-Verify, employers have been left to serve as document detectives. Senator Schumer’s suggestion for a biometric employment card doesn’t sound all that different than enhanced security goals hoped to be achieved by Real ID. Regrettably this identity solution received a major blow in the past few weeks when the Administration announced that it was retreating from its implementation. The 9/11 Commission came to the same conclusion that employers have known for a long time: Identity documents are only as good as the information they contain. Without an ability to match an individual to the identity on their document, drivers’ licenses and state issued identity cards remain vulnerable to fraudulent use.

Real ID was poised to correct this loophole and provide conclusive matches to drivers’ licenses and their holders. In fact 16 states had indicated that they had been meeting established benchmarks for implementation. Despite this success, the Administration has regrettably decided to retreat from implementing this crucial 9/11 recommendation. If security concerns are not reason enough to forge ahead with a meaningful biometrically based identity card, how will a Schumer proposal for the purposes of ensuring authorized employment see the light of day?

Nevertheless, Senator Schumer has initiated a critical discussion that has taken even greater precedent in a post-9/11 world. Identity verification is an imperative need for both security and employment authorization. It’s my hope that Senator Schumer doesn’t propose to walk away from E-Verify. The system isn’t perfect and needs improvement. But it’s not an “either or” matter between E-Verify and the Senator’s employment authorization card proposal, but a matter of “and.” E-Verify tied with an identity solution not totally unlike the Senator’s proposal just might be what’s needed to make the system work. Why not build on a system already in place that has cost the taxpayers a fair amount to implement already? But before the Senator proposes this solution, he needs to first convince his colleagues not to back peddle on Real ID. Any retreat on Real ID does not bode well for a Schumer employment authorization card.

Julie Myers Wood is the former Homeland Security Assistant Secretary for Immigration and Customs Enforcement. She is President of Immigration and Customs Solutions.

DHS Launches Website Redesign, YouTube Channel

Thursday, July 23rd, 2009

YouTube - Secretary Napolitano's Pen & Pad Session with Reporters 6-25-09The Department of Homeland Security (DHS) today launched the DHS YouTube Channel and announced the redesign of DHS.gov—steps to enhance the Department’s web presence, increase transparency and provide accurate, up-to-date information to the public.

“Social media plays an increasingly large role in our engagement with the public, especially in the event of an incident or disaster,” said DHS Secretary Janet Napolitano. “These new tools will facilitate an open dialogue about the Department’s security efforts across the nation and around the world.”

The DHS YouTube Channel will allow the Department to use video to highlight events, speeches, public service announcements and other related content.

DHS’s emphasis on web 2.0 tools such as YouTube allows the Department to provide greater transparency and access to the public and our state, local, territorial, tribal, private sector, and international partners.

The Role of Former Government Officials as Consultants

Thursday, July 23rd, 2009

Our country has a system that creates an odd environment in Washington D.C. and its vicinity.  As an administration ends or goes through a transition (as in by-year elections), people change out jobs.  Individuals with experience and expertise leave government and move back to the private sector.  In some cases they take jobs vacated by some of those who have replaced them in Government in Think Tanks, and in Academia.  Others join the ranks of consultants.  These individuals attempt to make a living giving advice and counsel to commercial companies and other entities in two ways.  One is to help these entities to deal more effectively with the Federal Government.  The other is to provide advice on how to directly address the issues with which they most recently worked in Government.

Homeland Security and Emergency Management is a prime example.  There are a plethora of fine companies available in the DC area which portray themselves as experts in Homeland Security and related issues.  Most are fairly recent arrivals.  Some were founded by former Clinton Administration experts in Counterterrorism and Infrastructure Protection.  Others are companies who have been formed post-9/11 and post-Katrina in response to the creation of the Department of Homeland Security, the “rebirth” of FEMA and the numerous CT structures formed during the Bush Administration.

Are these “experts” legitimate?  Do they help the Nation face these challenges more effectively?  At the risk of appearing self serving (I am the former Deputy Assistant Secretary of Defense for Homeland Defense and Defense Support for Civil Authorities) I have to say, “YES”.  Having up to eight years at the highest levels of Government, the former government leaders know what they did, and why they did it.  They know what had been planned, which certainly may change, but not immediately.  They are uniquely placed and suited to help the clients who engage them.  Now that I am in the private sector, I have had numerous interactions with individuals and companies of the sort described above.  In my opinion, they have added greatly to the field, by using their experience constructively.

The aspect of the consulting business that draws the most criticism is the assistance to companies trying to win government business.  What is not truly understood is that most of the former government actors who help ease unfamiliar companies through this byzantine process actually make our system at least a little bit more efficient.  Does it help the firms who hire the consultants win contracts and make money?  Yes it does, but it also helps the Government get the support it needs with less wasted time and energy.

The other aspect, which leads to the actual transfer of knowledge and expertise in relevant processes to non-Federal government entities or to private sector firms, is even more important to the Nation.  Every State, Local, and tribal government, every mid-large size company, and almost any other entity you can think of needs to improve their ability to protect themselves and their infrastructures, to respond to emergencies, and to strengthen their cyber security.  Far too often, the organizations are unaware of the threats, uninformed about what their Federal partners will do in a certain situation and how they can tap into that response.  Even if the consultants do nothing else but provide accurate information, they would be a key producer of value.  They almost always do much more.

In many cases, consultants also provide assessments as to what needs to be changed, maps to how those changes can be achieved, and how to exercise those company or local assets involved, keeping them operationally effective.  The protection of our citizens and infrastructures is not a field about which we should be caviler.  Nor should it be left to those with little or no experience.  Tapping into former government experts is a great way for companies or communities to avail themselves to this knowledge.

As experts depart government service, they should utilize their knowledge and expertise to better equip our society to face the challenges that abound today.  It may be as simple as speaking at a local church or Kiwanis Club about the threats to local infrastructure.  It may be providing a one time snap shot of security vulnerabilities for a small business and its continuity of operations plan.  Or it may be a full blown assessment of the emergency management structure, annual exercise program, and continuity of government plan for a state, or a county adjacent to a major metropolitan area.  These are things that our society needs to have done, and done professionally.  Is the application of former government expertise in these situations a cynical attempt to make money?  I do not believe so.

My experience is that those who join the consultant ranks after government service are, in the main, eager to continue to serve as they did in government, only now are doing so from the private sector side.  All these roles add value to the clients whom they serve, and add safety to the American people.

Cartoon: The New National Terror Threat Alert system

Thursday, July 23rd, 2009

USNews.com: July Political Cartoons

The Government Outreach has Begun

Tuesday, July 21st, 2009

There are several newly released requests for information that may be the tip of the iceberg for the coming cyber security deluge.  Many saw this coming with the release of the Bush Administrations Comprehensive National Cybersecurity Initiative.  It was delayed by the election, and the laudable efforts by the Obama Administration to get their arms around this huge issue.  The 60 Day “Melissa Hathaway” Cyber Policy review was finally release on May 29th of this year.  As reported here earlier, many saw this as a victory in itself, but others recognized it as only the beginning.  That we still wait for the naming of the new Cyber Coordinator for the National Security Staff tells you that the Administration is still plowing through the difficult issues of Cyber.  The highly publicized “Korean Virus” attacks earlier this month further gave impetus to action.

There have however been several very positive developments just in the last few weeks.  The Department of Defense’s Defense Information Systems Agency (DISA), a key component in DoD’s cyber system, has requested help in defending against Department o State attacks, such as the Korean Virus attacks that occurred recently.  The fact that DoD actually did pretty well during the July incident, and is still desirous of doing better is heartening, and the correct way to approach the problem.  DISA is responsible for all the basic functioning of the military’s networks, and will be a major subordinate element of the new Cyber Command.  Their outreach tells you that DoD is playing it smart.

Next came the request for information from the Department of Homeland Security.  DHS still has the responsibility for defending the “.gov” domain.  Put simply, this is the entire government, except for the military and intelligence organizations, which is an enormous responsibility.  Much has been said about DHS’s inability to tackle this mammoth task.  Recently, they have asked for help in developing a system that will protect the “.gov” domain from end to end.  This is more than just the next evolution of their “Einstein” program, but a try for a real comprehensive approach to defending the government’s networks.  Until DHS is relieved of this responsibility, they are going to try and address it.  They are doing the right thing.

Lastly, again form DoD, another request for information was released asking about the utility of “virtualization” or cloud computing as a vehicle to help secure the Defense community’s massive networks.  Given that this is still a controversial technology in the minds of many, particularly with regard to security, DoD’s forward leaning stance is welcomed.  We must think out of the box if we are ever to achieve a level of security that is acceptable, and then we must keep thinking that way.

If we stay “conservative”, we will fail, as the adversaries we face are anything but.  They are willing to try a thousand times to achieve one successful penetration.  We have to be just as agile and versatile if we are to stay ahead of them.  This will require open mindedness on an unprecedented level.  The Government must reach out to the private sector (well beyond the “normal” Federal integrators), and try everything that might work.  This will have to be more than the “private/public partnerships” of the past.  Before, that seemed to mean that the Government would solicit advice, and hold meetings with the experts from the private arena.  The new outreach seems to be going beyond that.  One hopes it continues and grows, or we will continue to be unacceptably vulnerable.

The bloody drug violence on our border will get worse before it gets better

Tuesday, July 21st, 2009

William Booth’s article in the Washington Post, “12 Federal Agents Are Slain in Mexico,” highlights yet another act of desperation on the part of the Mexican drug cartels in response to Mexico President Felipe Calderon’s strategy to break the backs of the cartels-once and for all.  The cartels are lashing out like never before, because they are slowly and systematically being backed into a corner from which there is no escape.  President Calderon’s attack has been relentless and unyielding.  The cartels have never before experienced the likes of President Calderon, and to say they are feeling the heat is an understatement.  Taking on powerful drug cartels with a global reach is dirty business, and the work ahead for Mexico’s security institutions is most likely going to get even nastier before meaningful signs of improvement are witnessed.  However, there is hope.

There are vast differences between Mexico and Colombia, but there are many commonalities with respect to their wars waged against powerful drug cartels.  Fifteen years ago Colombia was experiencing levels of violence similar to that which Mexico is experiencing today.  Why?  Because the Colombian government’s security institutions, thus its people, were threatened by the power and influence of its home grown drug cartels and terrorist groups.  Colombian President Uribe, with financial support from the United States, developed an aggressive strategy to take back his country from the ruthless thugs that threatened its democratic existence.  Over the past three years Colombia’s kidnappings, murders, robberies, home invasions and other violent crimes have plummeted.  There is a police presence in every community of the country for the first time in that nation’s history.  Tourism is flourishing in many parts of the country that had not long ago been written off as all but lost to the cartels and terrorists.

Mexico must follow Colombia’s lead and not fold under the pressure of the wrath playing out on her streets today.  What is playing out in Mexico today is part of the never-ending struggle between right and wrong; the never-ending battle between good and evil.  Good must and will prevail, provided Mexico does not lose the will to fight on-and win.  The aid provided by the “Merida Initiative” for Mexico, just like Plan Colombia, is a step in the right direction, but the American people need to show resounding support for the war that is being waged just south of our border.  If Mexico loses the will to continue this fight, then life in Mexico and the United States will change as we know it.  There are a lot of brave Mexican cops and military personnel fighting and dying for our country as well as their own.  They deserve our support.

Finally, there is an important lesson to be learned from all of this.  Drug cartels, just like terrorist organizations, work very, very hard to destabilize governments around the globe.  They rely on corruption, intimidation and violence, the hallmarks of organized crime, to create permissive environments where they can grow and thrive; areas where they can literally get away with mass murder.  When government officials who have taken an oath to serve and protect, no matter what country they represent, succumb to corruption and deal with the devil-they should not be surprised when the devil relentlessly demands more – and more.  That’s what the devil does for a living, and in the end innocent blood will always spill.

Iran Now: The United States’ Next Move?

Tuesday, July 21st, 2009

The presidential elections of June have brought to the surface, like never before, the deep rifts that exist within Iranian society and its power structure.  What is really happening there? And more importantly, what should the United States do about it?  The delicate and serious nature of the current situation in Iran requires a very wise approach by the Obama Administration.  The stakes are very high and the opportunity is unique.  Let me explain.

Lack of Consensus from the Start

The 1979 Islamic Revolution in Iran gave birth to a form of government called velayat e faqih, a theocracy run by a council of Islamic jurists and a supreme leader.  The leader at the time was Grand Ayatollah Ruhollah Khomeini who ruled from the spiritual base of the revolution, the holy city of Qom.  From day one, the Ayatollahs and Islamic leaders of the revolution were divided over the direction of the revolutionary government and the nature of the velayat e faqih theocracy.  The most influential Ayatollahs at the time of the revolution were: Ruhollah Khomeini, Mortaza Motahhari, Mohammad Beheshti, Sayyid Ali Hoseyni Khamenei (Ali Khameini), Abdul-Karim Mousavi Ardebili (Mousavi Ardebili), Mohammad Reza Mahdavi Kani, Mahmoud Taleghani, and Akbar Hashemi Rafsanjani.

•    Khomeini became the supreme leader until his death in 1989.  He advocated for a velayat e faqih with near absolute powers given to the supreme leader.
•    Motahhari’s influence, which was significant in the years preparing for the revolution, came to an abrupt end with his assassination on May 1, 1979, before he could influence the debate over the direction of the Islamic government.
•    Beheshti (assassinated in 1981) was close to Rafsanjani and influenced the thinking of Mohammad Khatami.  He had his doubts about the powers entrusted to the supreme leader.
•    Khameini was closest to Khomeini and succeeded the latter as supreme leader in 1989. He is opposed to reforming the current system but lacks his predecessor’s charisma and stature.
•    Mousavi Ardebili, who did some of his studies in Najaf, Iraq under the guidance of Ayatollahs Khoi (Khu’ee), Hakim and Shirazi, is currently the senior theologian of the Islamic republic.  He was the head of the judiciary until 1989 and founded Mofid University.  He has mixed views regarding the powers of the supreme leader.  (It is important to note that the Hawza of Najaf has historically consistently opposed the velayat e faqih system of government.)
•    Mahdavi Kani became an influential member of the Guardians Council and showed his more liberal political views when he declared the foreign trade nationalization bills and land reform bills in the 80’s to be against the teachings of Islam.  He too has mixed feelings about the powers of the supreme leader.
•    Taleghani was probably the most influential leader of the Islamic revolution.  He paved the way for Khomeini and was the chairman of the Revolutionary Council plotting for the revolution.  Upon the return of Khomeini to Iran, he became the most vocal opponent to the absolutist powers of the supreme leader and often ‘clashed’ with Khomeini on this issue leading to a major rift between them in April 1979.  His sudden death in September 1979 robbed the reformers of a powerful figure.
•    Rafsanjani along with Khameini were the closest Ayatollahs to Khomeni and held the most power.  He was instrumental in the founding of the most important institutions of power of the newly established theocracy, became Speaker of the Parliament and was elected twice to the Presidency.  Under his leadership, fundamental economic reforms were undertaken liberalizing Iran’s economy and major moves towards normalizing relations with the West were also initiated.  He opposes the absolutist powers of the supreme leader.

Of the seven original most influential Ayatollahs around Grand Ayatollah Ruhollah Khomeini, five (Beheshti, Mousavi Ardebili, Mahdavi Kani, Talleghani and Rafsanjani) while being strong supporters of the establishment of an Islamic Republic were opposed in varying degrees to the powers of the Supreme Leader (which include the power to remove an elected President from office) as advanced by Khomeini.

Iranian intellectuals and much of the middle class had a different vision and outlook in mind for the post-Shah Iran.  Most were contemplating the establishment of a secular constitutional republic and some had envisioned a more Marxist type of government.  In the end, however, Khomeini was so popular that the country overwhelmingly supported his call for establishing the Islamic Republic of Iran with an Islamic Constitution in an open referendum held in April 1979.

Given the divisions among the clerics vis-à-vis the powers of the supreme leader, it was a matter of time before these differences would come to the surface.  The major ‘crack’ in the system appeared following the election on January 25, 1980, of Abolhassan Banisadr as the first President of the Islamic Republic of Iran.  Banisadr, who was not a cleric, clashed with the clergy over his powers as President.  This had the potential of creating a rift within the country, a rift that could have been used by the reformers; but something else happened.

First Setback for Reformers

The one most important event that stopped the reform movement from gaining ground and more openly challenging the velayat e faqih system of government took place on September 22, 1980, when Saddam Hussein’s Iraq invaded Iran.   Khomeini seized the invasion as an opportunity in the name of national security to get rid of Banisadr and his government and to consolidate his own power.  On June 10, 1981, Khomeini removed Banisadr as Commander-in-Chief and assigned the office to himself.  Eleven days later, Banisadr was impeached by Parliament and the order was signed by Khomeini the following day.  The war had a devastating effect on Iran.  Iranians suffered more than 300,000 casualties and were subjected to Iraqi mustard gas attacks.  The eight-year war came to an end when a ceasefire was reached on August 20, 1988.  Iranian national pride and the need for unity in facing Iraq’s assault muted the reformers’ voices and effectively barred them from openly challenging the system.  On the other hand, Khomeini and his conservative allies seized this opportunity to consolidate their hold on power.

Pendulum Swing

The two most powerful Ayatollahs in Iran were still Ali Khameini and Akbar Rafsanjani.  Khomeini appointed Ali Khameini to succeed him as supreme leader upon his death in 1989.  This presented an opening to Rafsanjani and his followers.  With Khameini lacking the charisma and popular stature that Khomeini enjoyed, Rafsanjani worked diligently to position himself as the other “pole” of power in the Islamic Republic.  He took the lead in pushing political and economic reforms, giving Parliament and the Presidency a greater role in governance, in an attempt to position those offices as counterweights to the office of the supreme leader.  The 90’s was an important period led primarily by Rafsanjani with the pendulum starting to swing in a direction away from the supreme leader.  This was a critical juncture for the reformers.  They had drawn an important lesson from the Iran-Iraq war.  As long as Iran was besieged by the outside world with sanctions, embargoes, and calls for regime change, Iranian domestic reforms could not go far for two major reasons:

a) Foreign investment in Iran’s infrastructure and industrial base, including oil and gas, were desperately needed to help them move the country forward.  In the absence of normalized relations with the United States that would not be possible.
b) The push by the reformers for change in the regime’s power structure while the country is under international siege will most definitely be labeled by Khameini and his conservative allies as undermining the national security of the country.  Conservatives would then exploit Iranian pride and nationalism to undermine their reform efforts.

With that in mind, as soon as Rafsanjani assumed the Presidency in 1989, he seriously explored ways to start a dialogue with the United States aimed at normalizing relations between both countries.  The United States, however, was pre-occupied with an increasingly belligerent and aggressive Iraq threatening its small and powerless neighbor Kuwait and testing US security commitments in the region.  The George Herbert Walker Bush Administration decided this wasn’t the time for discussing normalization of relations with Iran.  Saddam invades Kuwait on August 2, 1990.  The United States with the full support of the United Nations and key Arab states led a multinational force and launched Operation Desert Storm aimed at liberating Kuwait from Iraqi occupation.  The war was successfully executed and on February 26, 1991, Kuwait was liberated.  Iran remained isolated.

Iranian reformers had then hoped that President George H.W. Bush, when and if re-elected, would be ready and willing to engage in normalization talks.  In their calculus, given Iraq’s war waging against its neighbors and the need for long term security and stability in the Gulf region, the United States would be willing to see a potential positive role to be played by Iran in this equation.  Furthermore, Iranian reformers were very aware of the political and cultural pressures the Saudi government would be subjected to by Wahhabis and Salafis due to the heavy presence of American troops on Saudi soil and in the region.  Hopes were pinned by Iranian reformers on Bush’s re-election, but William Jefferson Clinton was elected President in 1992.

Second Setback for Reformers
The election of Bill Clinton as President of the United States was seen as a setback by Iranian reformers.  In their eyes, President H.W. Bush was a realist and pragmatist who put the US national interest above special interest such as that of Israel supporters in Washington.  The Clinton Administration, on the other hand, made Israeli security a primary objective and pursued a two-prong policy to achieve it.

Firstly, the Clinton Administration believed that peace with the Palestinians would better serve Israel’s long term security.  Efforts were exerted to promote an Israeli-Palestinian peace accord through direct negotiations between Israel and the PLO.  The Oslo Agreement of 1993 was signed and the Clinton Administration invested a lot of time and energy in managing the conflict between both parties and trying to bring them closer to one another through intense sets of negotiations.

Secondly, in the eyes of the Clinton Administration, the security of Israel also required a) containment of Iranian influence rather than an accommodation of Iranian concerns; and b) containment of Iraq’s rising influence and belligerence within the Arab world in the aftermath of the 1991 Gulf War (war to liberate Kuwait from Iraqi occupation during which Iraq fired Scud missiles on Israel).  In order to achieve this security objective, the Clinton Administration announced its dual containment strategy.

With the priorities of the Clinton Administration set as described above, attempts in the 90’s by Rafsanjani to open up to the United States went nowhere because they ran counter to the Clinton Administration’s strategy of dual containment and its regional security policy framework.  This represented the second major setback to the reformers in Iran.

Opportunity Knocking

The terrorist attacks of September 11th against the United States sent political shockwaves through the US security and foreign policy establishments.  With Al Qaeda and Sunni Wahhabi/Salafi inspired Islamism striking at the United States, the Iranian reform establishment saw an opportunity for a possible rapprochement with Washington that could ultimately lead to normalized relations.  In their thinking, as explained earlier, improved relations with the US were necessary to help them push system reforms more successfully.  Under the leadership of Ayatollah and President Mohammad Khatami, a leader among the reformers and a close ally of Rafsanjani, Iran seized on the attacks of 9/11 and took the following steps all aimed at sending positive signals to Washington:

•    Condemnation of Al Qaeda: Iran was the first Moslem country to condemn the terrorist attacks of September 11th.  Furthermore, the only candlelight vigils to take place in a Moslem country expressing solidarity with the victims of 9/11 were held in Iran on September 18, 2001.
•    Cooperation on Afghanistan: Iran played a very constructive role in assisting the United States during Operation Enduring Freedom in 2001 aimed at removing the Taliban from power.  It also played a pivotal role in supporting the establishment of a new democratically oriented government in Afghanistan.
•    “Facilitating” the Invasion of Iraq: The United States invaded Iraq on March 19, 2003, launching Operation Iraqi Freedom aimed at the removal of the regime of Saddam Hussein and the establishment of a pro-American and more democratically oriented government in Baghdad.   The invasion came from the south with US forces traveling northward towards Baghdad.  There was practically no resistance from Shiite Iraqis who constitute the majority of the population in southern Iraq.  “Understandings” had been reached prior to the invasion between US officials and exiled Iraqi Shiite religious leaders such as Khoi (Khu’ee) and Hakim, two of the three most prominent Iraqi Ayatollahs  at the time (the most influential being Grand Ayatollah Sistani).
•    Nuclear Program Freeze: Iran froze its nuclear program in yet another goodwill gesture towards Washington and Khatami sent a message to the George W. Bush Administration expressing Iran’s desire to have talks aimed at normalizing relations between both countries.

Divisions within the Bush Administration regarding US policy towards Iran paralyzed American response and by 2004, “hawks” within the Administration were advocating regime change in Iran.  The opportunity that the reformers had sought in the aftermath of 9/11 was missed.  Furthermore, conservatives in Iran capitalized on the US’s negative response to overtures by Iranian reformers likening it to a “kick in the butt” and presenting it to the Iranian public as unambiguous proof that Washington’s real objective was the destruction of the Iranian nation.  Given this national security perception, past negative experiences with the United States (refer to a Security Debrief on Iran published on May 29, 2009), the deteriorating security situation in Iraq with potential spillover effect into Iran, and the failure of the reformers over 15 years to produce substantial changes to the system, Ayatollah Khameini and conservative mullahs were able to “facilitate” the election of Mahmoud Ahmadinejad as President of Iran in August 2005.

Countering Regime Change
The Iranian government led by Ahmadinejad became very aggressive and quite belligerent in response to what they perceived as Washington’s aim of regime change in Iran.  From 2005 through 2008, conservatives rallied behind Ahmadinejad and exploited to the fullest advantage the policies of the Bush Administration’s second term (see Security Debrief on Iran published of May 29, 2009);  capitalizing on Iranian pride and sense of nationalism.  During this period of heightened US-Iranian tensions, the region became quite unstable with violence reaching new heights.

•    Religious strife between Sunnis and Shiites erupted in Iraq in 2006 threatening the Bush Administration’s stated goals in that country.
•    A 33-day war between Israel and Hezbollah was fought in Lebanon in the summer of 2006 causing numerous civilian casualties and leaving in its aftermath Hezbollah in a much stronger position.  Arab popular opinion rallied behind Hezbollah posing a threat to the credibility and legitimacy of the governments of Saudi Arabia, Egypt and Jordan.
•    A war between Israel and Hamas was fought in Gaza in November 2008 that ended with Hamas retaining power in Gaza and winning greater sympathy from Arabs and Moslems worldwide.  The war also put President Mahmoud Abbas of the Palestinian Authority between “a rock and a hard place” and threatened his credibility among Palestinians.
•    Iranian calls for the destruction of Israel and anti-Semitic rhetoric became quite intense.
•    Iran resumed its nuclear program much more aggressively in defiance of the United States and the international community.

During those very tense years, the reformers in Iran could not be seen as challenging their own system of government for fear of being undermined by the conservatives as ‘puppets’ of America.  The conservatives were very successful in painting a very bleak picture to the Iranian public wherein Iran’s existence was being actively threatened by the United States and Israel.  Given this environment, reformers in Iran got busy regrouping their forces quietly awaiting their “next opportunity”.

New Opportunity Knocking

The election of Barack Obama as President of the United States provided the reformers in Iran with another golden opportunity.  His rhetoric during the campaign, and more importantly, his actions since assuming the Presidency all pointed to his willingness to establish a dialogue with Iran.  His message to the Iranian government and people on March 19, 2009, on the occasion of the Persian New Year (Nowruz or Norouz) went a long way to point to Iranians that the United States was willing and ready to open a new chapter in US-Iranian relations based on mutual respect and dialogue.  Furthermore, President Obama delivered an address to the Moslem World in Cairo, Egypt on June 4, 2009, which was a resounding success from a public diplomacy perspective.  When the Obama Administration decided to engage Iran after and not before the June Presidential elections, a major race erupted between the reformers and conservatives in Iran.  Who would be in power to negotiate with the United States?

To the reformers, winning the Presidential elections would enable them to quickly engage the United States and normalize relations more expeditiously.  This would then give them the needed boost to pursue the reforms of the system of government and the role of the supreme leader in the Islamic Republic.  To the conservatives, Ahmadinejad’s retention of the Presidency would enable them to negotiate with the United States from a position of strength and help them contain and/or manage internal reforms more effectively.  All surveys and public opinion polls conducted about two weeks prior to the election were showing Ahmadinejad winning by a comfortable margin.  Reformers, on the other hand, made a major last minute push using modern technology and electronic social networks to rally support and enthuse the younger generation to participate in greater numbers in the election.  While no one can, at this point, assert with full knowledge who really won the election, one can safely state that the authorities working under Ahmadinejad did manipulate the election results (at least in Teheran) where the margin of victory (whether for Ahmadinejad or Mousavi) should have been very small.

What happened next?  Conservatives underestimated the resolve of the reformers and their determination to score a Presidential victory.  The reformers, having suffered repeated setbacks in the past, were determined this time around to go all the way pitting all their hopes on the persona of Barack Obama; who appears to them as more genuine and serious about a frank and open dialogue with Iran. They chose to defy the results as announced by the government and Mir Mousavi called for street protests and demonstrations.  Ahmadinejad and his conservative allies pressed Khameini to side with them in order to put an end to the protests.  Khameini, after much hesitation, came down on the side of Ahmadinejad with the hope that his stature would be sufficient to bring an end to the “chaos” and did so with the full realization that he might jeopardize the “Office of the Supreme Leader” by having it painted as “partisan” when it is supposed to be above all politics.  With Khameini taking sides with Ahmadinejad, the reformers decided to openly and publically challenge the legitimacy of the system and the power of the supreme leader.

“Those responsible for organizing the elections have obligations to the people. Unfortunately, events that have taken place after the election have caused turmoil in the Islamic Republic. We should not use force to pacify the protests. The issue must be resolved in a different manner,” stated Ayatollah Ardebili on June 27, 2009.

On July 17, 2009, Ayatollah and former President Rafsanjani spoke at Teheran University on the occasion of Friday mosque prayers and heavily criticized the government’s actions.  “Today is a bitter day,” he said at Tehran University. “People have lost their faith in the regime and their trust is damaged. It’s necessary that we regain people’s consent and their trust in the regime.”

This prompted a reply on Saturday, July 18, 2009, by conservative Ayatollah Yazdi:  “Legitimacy and acceptance are different in Islamic government,” Ayatollah Yazdi told the semi-official Fars news agency. “Votes alone do not create legitimacy.”

On Sunday, July 19, 2009, Ayatollah and former President Khatami called for a referendum on the legitimacy of the Iranian government stating that millions of Iranians had lost faith in the electoral system.

The lines have been drawn.  The real dispute is among the Ayatollahs over the power of the Supreme Leader and the velayat e faqih system of Islamic government with Rafsanjani and Khatami leading the charge.  Furthermore, the “weakening” of Khameini’s stature as Supreme Leader may boost among the clerics in Iran the influence of Grand Ayatollah Sistani (Najaf, Iraq) who had consistently opposed the velayat e faqih system of government.

Constitutional Reforms
The objective of the reformers at this stage is to keep pushing as far as they can with the final aim of ridding the system of the velyat e faqih and replace it with an Islamic system governed by three branches – Parliament, Presidency and Judiciary – wherein the Supreme Leader is stripped of his political powers and acts only as the spiritual leader of the faith.  This change would conform to the teachings and jurisprudence of Shiite traditions as advocated by the Hawza of NajafIraq and would radically transform the nature and operations of the Iranian government.  In reality, this has been the “secret” aim of the reformers among the Ayatollahs, especially Rafsanjani and Khatami.  They both experienced the Presidency and tried to steer the country down a progressive path to find the Supreme Leader blocking them at every turn.  They became fed up with the system and sought ways to change it but acted with a lot of prudence.   This explains why in the early days of the protests, they did not challenge the system directly (they let Mir Mousavi, a non-cleric, do so) and waited for the right moment.  The opportune moment came when Ayatotallah Khameini took sides favoring Ahmadinejad.  He was no longer “above politics” or “untouchable” as supreme leader.  Rafsanjani and Khatami decided then to openly challenge the system and the authority of the Supreme Leader.

What Should the United States Do?
Firstly, President Obama must be commended for exhibiting prudence and wisdom in his measured response to the developments in Iran since the June elections.   Many in Washington have been advocating a tougher stance by the United States to show solidarity with the demonstrators.  Some have even advocated to have the United States seize this moment to strike at Iran’s nuclear facilities or allow Israel to do it.  President Obama has wisely resisted these pressures because the stakes are very high for the United States and a “wrong” move at this juncture could, in time,  do irreversible damage to American national security interests.  Let me explain.

Non-Interference

The reformers in Iran do not want the United States, and definitely not Israel, to appear as directly interfering in this crisis.  As long as the US remains out of it, the reformers have greater chances for success.  As I explained earlier, conservatives in Iran have always exploited US calls for regime change, containment and tougher sanctions to undermine any serious effort for reform through open debate in the name of national security (i.e., this is not the time to show divisions when confronted by US anti-Iranian aggressive measures).  The reformers want the United States to stay out of this crisis and are betting on President Obama to help them carry the day by not interfering.  The conservatives cannot use President Obama as an excuse given his speeches and moves regarding US-Iranian relations.

Engage?
Should the Obama Administration engage Iran at this stage? How? When and under what circumstances?  These are very critical questions that demand serious answers especially in light of the September 28th deadline given to Iran on the nuclear issue (prior to the next G-20 meeting).  The inclination by many in Washington is to have the United States push for tougher sanctions through the UN Security Council if Iran fails to meet the nuclear conditions by that deadline.  That is exactly what the conservatives in Iran are hoping for, given the current crisis they’re facing domestically, and that is exactly what the United States should avoid doing.  The United States has too much to lose this time around if the Obama Administration falls into the same old cycle of “speaking tough” and advocating sanctions.  What is the alternative?  Before answering the questions above, it is important to analyze further the dynamics of the current situation on the ground in Iran.

The reformers having by now put everything on the line are trying to form a more solid coalition made up of them (clerics), prominent civilians, respected revolutionary leaders, representatives of the middle class, intellectuals, and students (18-25 years old).  This coalition is not yet in place and lacks a clear vision.  No one can predict whether, when and how this effort may succeed because the situation is very fluid and must be monitored on an hourly – not even daily – basis.  What is certain, however, is that the system has suffered irreparable damage to its credibility and legitimacy.  The reformers hope to force a referendum on the legitimacy of the current government which they foresee winning.  The conservatives, on the other hand, have already recognized that damage was done and are desperately trying to contain it.  I say contain it, because the conservatives are very weary of using deadly force against the reformers; they know that the rank and file of the Revolutionary Guards are divided over the current state of affairs in the country and may risk division or possibly rebellion within the Guards if they were to order them to use deadly force.    In summary, there is an internal dynamic in Iran that is very fluid and may produce mutations in different directions.

Secret Diplomacy

Given the uncertainty of the direction that events may take on the ground in Iran, the one most important fact for the United States is that it faces now an Iran that has a weaker government in place being challenged by a growing opposition.  The United States should seize this opportunity to engage in “secret” diplomacy.  Silence is gold in such circumstances.  Messages should be conveyed to both sides that the United States remains committed to engaging Iran on the basis of respect and mutual interests (refer to Security debrief on Iran dated May 29, 2009) and would like to do so as soon as possible.  This move by the United States would be welcomed by the reformers because it would limit the current government’s maneuverability against them.  It would also be welcomed by Ahmadinejad and Khameini (not all the conservatives) who would use it to contain the reformers’ final push at this time.

The United States has everything to gain and almost nothing to lose in engaging NOW in secret diplomacy with both sides.  Some may argue that, given these divisions within Iran, the United States would be better off having the situation in Iran deteriorate on the security level even to the point of civil war.  This would make it easier for the US military to take out the nuclear facilities with Iranians busy fighting among themselves.  At a first glance, this option may appear appealing as serving to fulfill the objective relating to Iran’s nuclear program.  It will, however, make Iran an unstable country with unpredictable and possibly devastating consequences to American national security interests in the Gulf region.  In other words, a stable Iran with better relations with Washington serves best the national security interest of the United States; an unstable Iran would most definitely be exploited by radical Islamists to spread chaos in the region and would present a clear and present danger to the United States.

Cultural intelligence matters!

Protestors Who Know No Boundaries

Saturday, July 18th, 2009

The G-20 will not just affect Pittsburgh.  Greenpeace and other organisations have proven from their occupations of Italian power stations and the Mt Rushmore banner during the G-8 Summit that the location of an event is not the only place that protests will occur.  This has significant implications for corporations and government alike, for whom the time to identify this issue as a posing a threat, and finding a solution, is rapidly running out.

Protests related to worldwide summits come in a number of forms.  They are conducted by the peaceful protestors, who wish to exercise their right to free speech and public assembly, and who should be facilitated in doing so.  Then there are the protestors intent on violence.  They come willing and prepared for violence, and for them no negotiation or attempts at reconciliation for peaceful protest will be acceptable.  These people must be identified, arrested at the inception of their attempt to commit violence or vandalism, and robustly prosecuted.  Finally there are the protestors who seek to make a statement of some kind away from the summit, by occupying a coal fired power station or the buildings of a hated corporate entity.

The Pittsburgh Organizing Committee, a technically competent and well motivated anarchist protest group, with a history of technically proficient and effective protesting, is involved in coordinating the protests in Pittsburgh alongside GPAC and PG-20RP.  Activity within Pittsburgh itself will be the subject of a separate blog, given that there should be concerns around:

•    the predicted number of police (whether 4,000 is actually enough given that there are both counter-terrorism and public order duties to fulfil),
•    the available budget for addressing training and litigation,
•    that the training and command model has shown itself to be completely inadequate in every other major event in the US in the past 10 years in events where there has been a risk of violence (unless you regard multi-multi-millions in compensatory damages as an acceptable outcome), and
•    the capabilities of the Pittsburgh based anarchist organisations, those intending to come to town for the protests, their motivations and the explicit threats that they have made to corporate entities in the City.

Any organization with an exposure to direct protestor ire, be they financial, insurance, oil and mining sector including refineries and power stations, and other groups who know themselves to be exposed, should be reviewing their counter-protestor plans now, in anticipation of September.  This must include all police departments, particularly those whose cities have had previous anarchist, extreme left wing or environmental protests, as those past protests demonstrate the ability to motivate protestors with related concerns.  Most protests of this type will be non-violent, but any protest runs the risk of being hijacked by those intent on violence with the police for their own reasons and can seriously slow productivity at the business being targeted.

Corporate entities must embrace the fact that anarchist protestors and environmental protestors have their own tactics, that quickly transfer globally, and that are very effective.  Believing that normal business continuity processes and security tactics designed to deal with disaffected employees or robberies simply won’t manage this threat, particularly when the protestors of this type have developed and mature tactics for encouraging behaviour open to charges of assault and compensatory damages afterwards.

The threat is serious, and the threat is real.  Unfortunately I know that it is a threat that is being ignored by many corporate entities in the US, for whom learning the hard way, in terms of reputational and financial damages, which will inevitably strike at stock value, is the only way.

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