At the second annual National Fusion Center conference in San Francisco, the nation’s top law enforcement and anti-terror officials got together to sort of let the public know what they’ve been up to lately. In the past, each section of law enforcement, from Interpol to your local sheriff, treated each other with disdain and with a great reluctance to divulge information to one another. That healthy suspicion has now seemed to have disappeared.
The fifty or so U.S. fusion centers are where the federal, state and local cops share intelligence, sift data for clues, run down reports of suspicious packages and connect dots in an effort to detect and thwart terrorism attacks, drug smuggling and gang fighting. The fifty or so U.S. fusion centers are where the federal, state and local cops share intelligence, sift data for clues, run down reports of suspicious packages and connect dots in an effort to detect and thwart terrorism attacks, drug smuggling and gang fighting.
The suspicion, however, remains. It has just shifted to a different group of people.
Privacy and civil liberties groups are increasingly suspicious of the fusion centers, but state and local officials have complained for years that the feds don’t share any useful information. The 9/11 Commission agreed, blaming the CIA and FBI’s lack of information-sharing for wasted chances to stop the airline hijackings. The commission strongly urged they change their ways and put holes in so-called “stove pipes.” And in 2007, the Democrats boosted fusion centers’ stature and funding in the first bill they passed after taking control of Congress.
The dominant catchphrase from the officials was that the centers need to focus on “all threats, all hazards.” That means that the fusion centers would be working on immigration, radicalization, demographic changes, hurricanes, biological and chemical threats, as well as common criminal activity. Officials say the centers must look at even the most mundane crimes, since they can be used to fund terrorism.
But critics say that “all hazards, all threats” approach sounds suspiciously like the government is building a distributed domestic intelligence service that could easily begin keeping tabs on Americans exercising their First Amendment rights. The scope also seems at odds with the federal government’s Information Sharing Environment guidelines, which say these centers are supposed to focus on terrorism.
So, we’ve already proved, many times in the past century, that law enforcement can’t be trusted with this type of responsibility, yet, here we are again, ready to give over more power for a mandate that wasn’t construed for such matters.
The American Civil Liberties Union (ACLU) has pointed to potential abuse of the system, however, the federal government thinks they are over-reacting. If over-reacting is pointing out that Virginia wants to eliminate sunshine laws for these fusion centers, give legal immunity to companies that report information and prosecute people who take pictures of buildings then, by all means, please keep over-reacting.
If over-reacting also includes pointing out that the Justice Department used back channels to add people not even under investigation to their watch lists [pdf], again, keep over-reacting. We need to know this is happening and isn’t subject to review.
If you’re concerned about how these fusion centers are being set up and what powers they have, then check out the ACLU’s warning report and interactive map.

