It is adopted without public debate or Congressional
approval. Its relevant procedures have far-reaching
implications.
NSPD 59 goes far beyond the issue of biometric identification, it recommends the collection and storage of "associated biographic"
information, meaning information on the private lives of US
citizens, in minute detail, all of which will be "accomplished
within the law":
"The contextual data that accompanies biometric data
includes information on date and place of birth, citizenship, current
address and address history, current employment and employment history,
current phone numbers and phone number history, use of government
services and tax filings. Other contextual data may include bank
account and credit card histories, plus criminal database records on a
local, state and federal level. The database also could include legal
judgments or other public records documenting involvement in legal
disputes, child custody records and marriage or divorce records."(See Jerome Corsi, June 2008)
The directive uses 9/11 as an all encompassing
justification to wage a witch hunt against dissenting citizens,
establishing at the same time an atmosphere of fear and intimidation
across the land.
It also calls for the integration of various
data banks as well as inter-agency cooperation in the sharing of
information, with a view to eventually centralizing the information on
American citizens.
In a carefully worded text, NSPD 59 "establishes a framework" to enable the Federal government and its various police and intelligence agencies to: "use
mutually compatible methods and procedures in the collection, storage,
use, analysis, and sharing of biometric and associated biographic and
contextual information of individuals in a lawful and appropriate
manner, while respecting their information privacy and other legal
rights under United States law."
The Directive
recommends: "actions and associated timelines for enhancing the
existing terrorist-oriented identification and screening processes by
expanding the use of biometrics".
"Other Categories of Individuals"
The stated intent of NSPD 59 is to protect America
from terrorists, but in fact the terms of reference include any person
who is deemed to pose a threat to the Homeland. The government requires
the ability:
"to positively identify those individuals who
may do harm to Americans and the Nation... Since September 11,
2001, agencies have made considerable progress in securing the Nation
through the integration, maintenance, and sharing of information used
to identify persons who may pose a threat to national security.
The Directive is not limited to KSTs, which in Homeland Security jargon stands for "Known and Suspected Terrorists":
"The executive branch has developed an integrated
screening capability to protect the Nation against "known and suspected
terrorists" (KSTs). The executive branch shall build upon this
success, in accordance with this directive, by enhancing its capability
to collect, store, use, analyze, and share biometrics to identify and
screen KSTs and other persons who may pose a threat to national
security.
The executive branch recognizes the need for a
layered approach to identification and screening of individuals,
as no single mechanism is sufficient. For example, while
existing name-based screening procedures are beneficial, application of
biometric technologies, where appropriate, improve the executive
branch's ability to identify and screen for persons who may pose a
national security threat. To be most effective, national security
identification and screening systems will require timely access to the
most accurate and most complete biometric, biographic, and related data
that are, or can be, made available throughout the executive branch."
NSPD 59 calls for extending the definition of
terrorists to include other categories of individuals "who may pose a
threat to national security".
In this regard, it is worth noting that in the 2005
TOPOFF (Top officials) anti-terror drills, two other categories of
individuals were identified as potential threats: "Radical groups" and
"disgruntled employees", suggesting than any form of dissent directed
against Big Brother will be categorized as a threat to America.
In a previous 2004 report of the Homeland Security Council entitled Planning Scenarios, the enemy was referred to as the Universal Adversary (UA).
The Universal Adversary was identified in the
scenarios as an abstract entity used for the purposes of simulation.
Yet upon more careful examination, this Universal Adversary was by no
means illusory. It included the following categories of potential
"conspirators":
"foreign [Islamic] terrorists" ,
"domestic radical groups", [antiwar and civil rights groups]
"state sponsored adversaries" ["rogue states", "unstable nations"]
"disgruntled employees" [labor and union activists].
"Because the attacks could be caused by foreign
terrorists; domestic radical groups; state sponsored adversaries; or in
some cases, disgruntled employees, the perpetrator has been named, the
Universal Adversary (UA). The focus of the scenarios is on response
capabilities and needs, not threat-based prevention activities." (See Planning Scenarios )
Under NSPD 59, biometrics and associated biographical information will be used to control all forms of social dissent.
Domestic
radical groups and labor activists envisaged in various counter
terrorism exercises, constitute in the eyes of the Bush administration,
a threat to the established economic and political order.
In the text of NSPD 59, these other categories of
people have been conveniently lumped together with the KSTs ("known and
suspected terrorists"), confirming that the so-called anti-terror laws
together with the Big Brother law enforcement apparatus and its
associated data banks of biometric and biographic information on US
citizens are intended to be used against all potential domestic
"adversaries" including those who oppose the US led war in the Middle
East and the derogation of the Rule of Law in America.
It is worth noting that NSPD 59 was issued on June 5, 2008, 4 days prior to the publication of Rep. Dennis Kucinich's Articles of Impeachment of President George W. Bush by the House of Representatives.
Article XXIII of the Articles Impeachment underscore how in
derogation of the Posse Comitatus Act, which prevents the military from
intervening in civilian law enforcement, President Bush:
"a) has used military forces for law enforcement purposes on U.S. border patrol;
b) has established a program to use military personnel for surveillance and information on criminal activities;
c) is using military espionage equipment
to collect intelligence information for law enforcement use on
civilians within the United States"
In Article XXIV the president is accused on Spying
on American Ctizens without a court-Ordered Warrant , In Violation
of the Law and the Fourth Amendment.
SUBJECT: Biometrics for Identification and Screening to Enhance National Security
Purpose
This directive establishes a framework to ensure
that Federal executive departments and agencies (agencies) use mutually
compatible methods and procedures in the collection, storage, use,
analysis, and sharing of biometric and associated biographic and
contextual information of individuals in a lawful and appropriate
manner, while respecting their information privacy and other legal
rights under United States law.
Scope
(1) The executive branch has developed an
integrated screening capability to protect the Nation against "known
and suspected terrorists" (KSTs). The executive branch shall
build upon this success, in accordance with this directive, by
enhancing its capability to collect, store, use, analyze, and share
biometrics to identify and screen KSTs and other persons who may
pose a threat to national security.
(2) Existing law determines under what
circumstances an individual's biometric and biographic information can
be collected. This directive requires agencies to use,
in a more coordinated and efficient manner, all biometric
information associated with persons who may pose a threat
to national security, consistent with applicable law, including
those laws relating to privacy and confidentiality of personal data.
(3) This directive provides a Federal
framework for applying existing and emerging biometric technologies to
the collection, storage, use, analysis, and sharing of data in
identification and screening processes employed by agencies to enhance
national security, consistent with applicable law, including
information privacy and other legal rights under United States law.
(4) The executive branch recognizes the need
for a layered approach to identification and screening of individuals,
as no single mechanism is sufficient. For example, while
existing name-based screening procedures are beneficial, application of
biometric technologies, where appropriate, improve the executive
branch's ability to identify and screen for persons who may pose a
national security threat. To be most effective, national security
identification and screening systems will require timely access to the
most accurate and most complete biometric, biographic, and related data
that are, or can be, made available throughout the executive branch.
(5) This directive does not impose
requirements on State, local, or tribal authorities or on the
private sector. It does not provide new authority to
agencies for collection, retention, or dissemination of information
or for identification and screening activities.
Definitions
(6) In this directive:
(a) "Biometrics” refers to the measurable
biological (anatomical and physiological) and behavioral
characteristics that can be used for automated recognition; examples
include fingerprint, face, and iris recognition; and
(b) "Interoperability" refers to the ability
of two or more systems or components to exchange information
and to use the information that has been exchanged.
Background
(7) The ability to positively identify those
individuals who may do harm to Americans and the Nation is crucial to
protecting the Nation. Since September 11, 2001, agencies
have made considerable progress in securing the Nation through the
integration, maintenance, and sharing of information used to identify
persons who may pose a threat to national security.
(8) Many agencies already collect biographic
and biometric information in their identification and screening
processes. With improvements in biometric technologies, and in light
of its demonstrated value as a tool to protect national security,
it is important to ensure agencies use compatible methods and procedures in the collection, storage, use, analysis, and sharing of biometric information.
(9) Building upon existing investments in
fingerprint recognition and other biometric modalities, agencies
are currently strengthening their biometric collection, storage,
and matching capabilities as technologies advance and offer new
opportunities to meet evolving threats to further enhance national
security.
(10) This directive is designed to (a) help ensure a
common recognition of the value of using biometrics
in identification and screening programs and (b) help
achieve objectives described in the following: Executive
Order 12881 (Establishment of the National Science and Technology
Council); Homeland Security Presidential Directive‑6 (HSPD‑6)
(Integration and Use of Screening Information to Protect Against
Terrorism); Executive Order 13354 (National Counterterrorism
Center); Homeland Security Presidential Directive‑11 (HSPD‑11)
(Comprehensive Terrorist Related Screening Procedures); Executive
Order 13388 (Further Strengthening the Sharing of Terrorism
Information to Protect Americans); National Security Presidential
Directive‑46/Homeland Security Presidential Directive‑15
(NSPD-46/HSPD-15) (U.S. Policy and Strategy in the War on Terror);
2005 Information Sharing Guidelines; 2006 National Strategy for
Combating Terrorism; 2006 National Strategy to Combat Terrorist Travel;
2007 National Strategy for Homeland Security; 2007 National Strategy
for Information Sharing; and 2008 United States Intelligence
Community Information Sharing Strategy.
Policy
(11) Through integrated processes and interoperable
systems, agencies shall, to the fullest extent permitted by law,
make available to other agencies all biometric and associated
biographic and contextual information associated with persons for whom
there is an articulable and reasonable basis for suspicion that they
pose a threat to national security.
(12) All agencies shall execute this directive in a
lawful and appropriate manner, respecting the information privacy and
other legal rights of individuals under United States law,
maintaining data integrity and security, and protecting intelligence
sources, methods, activities, and sensitive law enforcement
information.
Policy Coordination
(13) The Assistant to the President for Homeland
Security and Counterterrorism, in coordination with the Assistant to
the President for National Security Affairs and the Director of
the Office of Science and Technology Policy, shall be responsible for
interagency policy coordination on all aspects of this directive.
Roles and Responsibilities
(14) Agencies shall undertake the roles and
responsibilities herein to the fullest extent permitted by law,
consistent with the policy of this directive, including appropriate
safeguards for information privacy and other legal rights, and in
consultation with State, local, and tribal authorities, where
appropriate.
(15) The Attorney General shall:
(a) Provide legal policy guidance, in
coordination with the Secretaries of State, Defense, and Homeland
Security and the Director of National Intelligence (DNI), regarding the
lawful collection, use, and sharing of biometric and associated
biographic and contextual information to enhance national security; and
(b) In coordination with the DNI, ensure that
policies and procedures for the consolidated terrorist watchlist
maximize the use of all biometric identifiers.
(16) Each of the Secretaries of State, Defense, and
Homeland Security, the Attorney General, the DNI, and the heads of
other appropriate agencies, shall:
(a) Develop and implement mutually compatible
guidelines for each respective agency for the collection, storage, use,
analysis, and sharing of biometric and associated biographic and
contextual information, to the fullest extent practicable, lawful, and
necessary to protect national security;
(b) Maintain and enhance interoperability
among agency biometric and associated biographic systems, by utilizing
common information technology and data standards, protocols, and
interfaces;
(c) Ensure compliance with laws, policies, and
procedures respecting information privacy, other legal rights, and
information security;
(d) Establish objectives, priorities, and
guidance to ensure timely and effective tasking, collection, storage,
use, analysis, and sharing of biometric and associated biographic and
contextual information among authorized agencies;
(e) Program for and budget sufficient
resources to support the development, operation, maintenance, and
upgrade of biometric capabilities consistent with this directive and
with such instructions as the Director of the Office of Management and
Budget may provide; and
(f) Ensure that biometric and associated
biographic and contextual information on KSTs is provided to the
National Counterterrorism Center and, as appropriate, to the Terrorist
Screening Center.
(17) The Secretary of State, in coordination with
the Secretaries of Defense and Homeland Security, the Attorney General,
and the DNI, shall coordinate the sharing of biometric and associated
biographic and contextual information with foreign partners in
accordance with applicable law, including international obligations
undertaken by the United States.
(18) The Director of the Office of Science and
Technology Policy, through the National Science and Technology Council
(NSTC), shall coordinate executive branch biometric science and
technology policy, including biometric standards and necessary
research, development, and conformance testing programs.
Recommended executive branch biometric standards are contained in the
Registry of United States Government
Recommended Biometric Standards and shall be updated via the NSTC Subcommittee on Biometrics and Identity Management.
Implementation
(19) Within 90 days of the date of this directive,
the Attorney General, in coordination with the Secretaries of State,
Defense, and Homeland Security, the DNI, and the Director of the Office
of Science and Technology Policy, shall, through the Assistant to the
President for National Security Affairs and the Assistant to the
President for Homeland Security and Counterterrorism, submit for the
President's approval an action plan to implement this directive.
The action plan shall do the following:
(a) Recommend actions and associated timelines
for enhancing the existing terrorist-oriented identification and
screening processes by expanding the use of biometrics;
(b) Consistent with applicable law,
(i) recommend categories of individuals in addition to KSTs who
may pose a threat to national security, and (ii) set forth
cost-effective actions and associated timelines for expanding the
collection and use of biometrics to identify and screen for such
individuals; and
(c) Identify business processes, technological
capabilities, legal authorities, and research and development
efforts needed to implement this directive.
(20) Within 1 year of the date of this
directive, the Attorney General, in coordination with the Secretaries
of State, Defense, and Homeland Security, the DNI, and the heads of
other appropriate agencies, shall submit to the President, through the
Assistant to the President for National Security Affairs and the
Assistant to the President for Homeland Security and Counterterrorism,
a report on the implementation of this directive and the associated
action plan, proposing any necessary additional steps for carrying out
the policy of this directive. Agencies shall provide support for,
and promptly respond to, requests made by the Attorney General in
furtherance of this report. The Attorney General will thereafter
report to the President on the implementation of this directive as the
Attorney General deems necessary or when directed by the President.
General Provisions
(21) This directive:
(a) shall be implemented consistent with
applicable law, including international obligations undertaken by the
United States, and the authorities of agencies, or heads of such
agencies, vested by law;
(b) shall not be construed to alter, amend, or
revoke any other NSPD or HSPD in effect on the effective date of this
directive;
(c) is not intended to, and does not, create
any rights or benefits, substantive or procedural, enforceable by law
or in equity by a party against the United States, its
departments, agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
Michel Chossudovsky is the author of the international bestseller America’s "War on Terrorism" Global Research, 2005.
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