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Volunteer Voyeurs?
Cato Institute ^ | July 29, 2002 | Gene Healy

Posted on 07/29/2002 9:20:57 PM PDT by DaveCooper

The Justice Department's vague proposal for a legion of citizen-informants - Operation TIPS - didn't get a warm reception when the DOJ floated the idea recently. Public outcry led House Majority Leader Dick Armey (R-Tex.) to try to kill Operation TIPS in his markup of the Homeland Security Department bill.

But it's not dead yet. As the St. Louis Post-Dispatch reported on July 22, President Bush - Congress be damned - is going ahead with the program anyway. "The administration is continuing to pursue Operation TIPS," confirmed Justice Department spokeswoman Barbara Comstock.

Why worry about Operation TIPS? What could possibly be wrong with what the DOJ calls "a national system for reporting suspicious and potentially terrorist-related activity"? Several things, actually.

First, TIPS (Terrorism Information and Prevention System) appears to be designed to do an end-run around the Fourth Amendment, enlisting workers who have access to places that government agents can't get to without a warrant. Second, it's likely to waste law enforcement resources by requiring federal officials to follow up on millions of tips of dubious value. And third, it has the potential to degenerate into an unsavory network of volunteer voyeurs: a legion of self-selected busybodies helping the war on terror by spying on their neighbors.

An FBI agent needs a warrant to enter your house. Your cable provider does not. This may explain why, in its initial descriptions of the program, the DOJ made clear that it would recruit informants in jobs that give them unique access to private property, such as utility workers and letter carriers. (Interestingly, in the midst of public disapproval of the proposal, the administration revised the language on the Operation TIPS Web page, and removed the references to specific occupations.) Having gained entry to your property through trust and consent, TIPS informants will then be able to report on anything they deem suspicious. With the post-Watergate restrictions on domestic spying eroding in the name of fighting terror, who is to say what uses such information will be put to?

Moreover, the program will almost certainly waste federal agents' time and taxpayers' money. Thus far in the domestic war on terror, the main problem has not been a lack of information. Instead, red tape, lack of communication among the authorities, and misplaced law enforcement priorities have hampered the fight against al Qaeda.

As has been reported, the Phoenix FBI office knew about al Qaeda activity at U.S. flight schools prior to September 11 but could not get the Bureau's main office in Washington, D.C. to take action. Agent Kenneth Williams' memo about Bin Laden-ist pilots-in-training disappeared down a bureaucratic black hole.

Meanwhile, according to The Los Angeles Times and other sources, the FBI was engaged in an 18-month-long sting operation at a brothel in New Orleans that netted 12 prostitutes. While al Qaeda was preparing for 9/11, federal law enforcement was down in the French Quarter acting like the local vice squad.

Plainly, federal authorities do not have their priorities straight and they have not developed clear lines of communication. They can't even effectively follow up on tips from federal agents. How will that situation be improved by diverting personnel and resources to follow up on literally millions of tips from untrained citizen- informants?

Many TIPS critics have invoked the specter of the citizen -spy network set up by the East German Stasi. But it's not necessary to go abroad for cautionary tales. During World War I, the Justice Department had its own corps of citizen spies, the American Protective League. The APL was a volunteer organization, some 250,000 strong, which worked closely with the Justice Department identifying potential "subversives." When the APL couldn't find enough German spies to keep busy, its members quickly turned to harassing labor organizers and turning in draft dodgers.

Will Operation TIPS become a latter-day version of the American Protective League? It's hard to say. The Justice Department has been characteristically vague about the program, giving its officials plausible deniability whenever anyone expresses alarm. Recently, DOJ spokeswoman Barbara Comstock disingenuously professed her shock at the suggestion that TIPS is anything more than a 1-800 number for vigilant citizens.

But clearly, by focusing on workers with access to private places, the administration is aiming at something far more troubling. The program is ripe for abuse. Instead of spying on their neighbors, vigilant citizens should train a skeptical eye on initiatives like Operation TIPS.

Gene Healy is senior editor at the Cato Institute.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: abuse; antifreedom; illegal; informer; powergrab; statism; tips; unconstitutional

1 posted on 07/29/2002 9:20:57 PM PDT by DaveCooper
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To: DaveCooper
The name of Wm. J. Erasmus Clinton seems to be popping up on more than just the occasional application...
2 posted on 07/29/2002 9:23:11 PM PDT by Vidalia
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To: DaveCooper
Yeah, Gene Healy, we should all just mind our own business. If we see 4 young Middle Eastern males driving down Peachtree in Atlanta filming tall buildings, it is none of our business. If they are taking pictures of powerplants, it is none of our business. If they are taking flying lessons but not learning to land, it is none of our business. If they have large meetings in their apartment in which they are chanting "Death to America," it is none of our business.

Tens of millions, perhaps hundreds of Muslims around the world want us dead and our civilization destroyed. Let us just pretend it is not that way and go on living like it is Sept. 10. If you do, however, be prepared to kiss you *ss goodbye.

3 posted on 07/29/2002 9:28:51 PM PDT by doug from upland
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To: DaveCooper
I think it is every citizen's duty to report any activity that bears the stink of Islamic militantism. Call it TIPS or ZIPS, I don't care. I never again want innocent Americans mass murdered like happened on 9-11. TIPS is a good idea if properly limited.
4 posted on 07/29/2002 9:29:22 PM PDT by NetValue
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To: Vidalia; DaveCooper
What does this have to do with Clinton? TIPS is a disgrace, America is not a police state.
5 posted on 07/29/2002 9:30:43 PM PDT by UnBlinkingEye
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To: UnBlinkingEye
You probably should just disregard that post, it has all the earmarks of a knee spasm.

You know, if anything possible can be blamed on Dubya and crew, the first knee jerk response these days is "Well it's Clinton's Fault". It's very similar to the mental disorder of the Clintonista types, who whenever anything new came out about Bubba, they'd squeel "Well, it's Reagan's Fault"...
6 posted on 07/29/2002 9:34:10 PM PDT by Lord_Baltar
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To: UnBlinkingEye
Volunteer Voyeurs... Clinton also loved to watch....Catch the drift?
7 posted on 07/29/2002 9:35:30 PM PDT by Vidalia
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To: UnBlinkingEye
It is called a "take-off" on the original verbiage of the headliner.

Accept my apologies, I forgot you were institutionalized down at Cato...
8 posted on 07/29/2002 9:37:32 PM PDT by Vidalia
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To: doug from upland
Yeah, Gene Healy, we should all just mind our own business. If we see 4 young Middle Eastern males driving down Peachtree in Atlanta filming tall buildings, it is none of our business.

Um, no, that's not what he said at all. If I see something as suspicious as that, I will report it whether or not TIPS is in place. But when the government is actively recruiting people to spy on their fellow citizens, that is dangerously close to a police state. Arguably, that *is* a police state.

If they are taking flying lessons but not learning to land, it is none of our business.

And that *was* reported before 9/11, and it was ignored. The problem is not a lack of information; it is a failure to analyze the information we do have. TIPS is going to generate millions of very questionable data points ("I saw a Bible and an NRA poster in John Doe's house") and is more likely to divert resources from following real leads than to actually preventing future terrorist acts.

9 posted on 07/29/2002 9:42:47 PM PDT by ThinkDifferent
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To: ThinkDifferent
That's not even to mention all the "vendeta" reports that will come in. "My Ex-Husband has been involved with an Arab group..." or "My Boss fired me because I overheard a conversation he was having with some Arab guy".

I've heard it said here, Bush will lead some Conservatives singing and dancing where Clinton couldn't have dragged them kicking and screaming.
10 posted on 07/29/2002 9:49:03 PM PDT by Lord_Baltar
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To: ThinkDifferent
Actually, I am spying on non-citizens. No, I won't be 100%. Some who appear to be foreigners may actually be citizens. If they are, that's tough. I'm sorry for their inconvenience, but we are at war. Another major event, God forbid a nuclear one, will change things forever. We will no longer be arguing about spying on those who look like foreigners. We will be under martial law. Sorry, but I will continue to profile.
11 posted on 07/29/2002 9:57:00 PM PDT by doug from upland
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To: doug from upland
That is hardly the point, sure have a TIPS line, but don't make an organization of it and fill it with postal workers, cable repair men, telephone installers, and plumbers. That is open to great abuse, and is for sure an end run around the 4th.

This is not to say that a postal worker suspicious of activity should not call in, of course, but to organize a spy network in this manner can lead to Nazi Germany in a heart beat in the wrong administrations hands.

When it begins to come down to that deer head sitting on your wall being an indication that you are a hunter and therefore must have a weapon in the house, and that goes into a data base, you might change your mind about an organized spy network.

12 posted on 07/29/2002 9:58:32 PM PDT by MissAmericanPie
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To: doug from upland
Sorry, but I will continue to profile.

We're in complete agreement on this. Treating grandmothers as if they are equally dangerous as 25 year old Middle Eastern males is preposterous. That's just another reason TIPS would be ineffective at its stated mission; it's widespread, non-profiling surveillance.

13 posted on 07/29/2002 10:04:16 PM PDT by ThinkDifferent
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To: MissAmericanPie
I think everyone is getting too excited. I believe what they are asking all those people to do is to be more aware.
14 posted on 07/29/2002 10:05:41 PM PDT by doug from upland
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