HLSS322_Final Assignment_HoskinsOlivia.edited

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1 Protection of the Sectors More Important than Civil Liberties Olivia Hoskins American Public University System HLSS322 Dr. Brian Blodgett 6/25/23

2 Abstract 9/11 showed why the protection of these infrastructures is key especially with close to 3000 people losing their lives to attacks on the Twin Towers. Not only were lives lost but everyday functions like traveling were impacted. "In the immediate aftermath of the attacks, the U.S. government grounded the commercial fleet for three days that resulted in a 31.6 percent reduction in travel volume in September 2001 compared to that same month in 2000 and generated massive industry losses" (Clark, McGibany, & Myers, 2009). The entire transportation sector was impacted. All air traffic was stopped of course, especially with the mode that was chosen for the attacks. Not just that, billions of dollars were lost from the hit the economy took. In New York, various industries took a hit with job loss and the number of hours that employees worked. This resulted in a loss of between 3 to 6 billion dollars not to mention the cost of cleanup which was almost 2 billion, clean up almost 4 billion. Keywords: critical infrastructure, sectors, etc.

3 Protection of the SECTORS more important than Civil Liberties We live in a world where computers are beginning to replace a lot of people with different types of work. The computer has definitely over time changed how we live our lives. At first, we used the internet to find information but now we use it for just about everything. The internet is connected to just about all our devices. Computers back in the day were stationed at home and had to be used with dial-up connections (those if you ask me were more pure but boring at the same time lol). "Securing the systems from cyber or physical threats is increasingly important and challenging as these threats become more complex, persistent, and destructive. The twenty- first-century system of commerce, energy, and security revolves around the ability to exchange information through the internet" (Pacific Northwest National Laboratory, n.d.). When you look at computers now, they are more compact and can fit in the pockets of any person. Just about everybody and their mammy got a phone with a connection to the internet, and this is where things can bring about a serious issue because everyone has them, and not everyone that has them has the right intentions for their fellow human counterparts throughout the world. This is where terrorism hurts us the most especially since the internet has become a definite meeting space for future would-be terrorists to link up with those who are already in place to commit heinous acts of evil. To cut a long story short what I'm trying to get is that, as we move further and further into the future, technology will continue to innovate with computers on the internet leading the way thus also resulting in enhanced ways that terrorists can attack us via cyberterrorism. We as people understand the dangers of the world that we live especially with what happened during 9/11. I think people will more than likely risk civil liberties to keep their loved ones safe which is why protecting critical infrastructure is more important than civil liberties in my opinion.

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4 Most Important Document for Legal Consideration Of the documents and information that was viewed in this class, I have to say what we were studying regarding critical infrastructure is important. In this country, we have various assets, systems, and networks that are critical to how we live in this country. There are 16 sectors: chemical, commercial facilities, communications, critical manufacturing, dams, defense industrial base, emergency services, energy, financial, food and agriculture, government facilities, healthcare, and public health, information technology, nuclear reactors, materials and waste, transportation systems, and the water and wastewater systems sector. 9/11 showed why the protection of these infrastructures is key especially with close to 3000 people losing their lives to attacks on the Twin Towers. Not only were lives lost but everyday functions like traveling were impacted. "In the immediate aftermath of the attacks, the U.S. government grounded the commercial fleet for three days that resulted in a 31.6 percent reduction in travel volume in September 2001 compared to that same month in 2000 and generated massive industry losses" (Clark, McGibany, & Myers, 2009). The entire transportation sector was impacted. All air traffic was stopped of course, especially with the mode that was chosen for the attacks. Not just that, billions of dollars were lost from the hit the economy took. In New York, various industries took a hit with job loss and the number of hours that employees worked. This resulted in a loss of between 3 to 6 billion dollars not to mention the cost of cleanup which was almost 2 billion, clean up almost 4 billion. "Employment losses were heavily concentrated in four industries: financial services, hotels, restaurants, and air transportation. These industries accounted for roughly 80 percent of the private-sector jobs lost in October 2001” (Bram, Orr, & Rapaport, 2002). This is why the protection of critical infrastructure is key over any piece of information. If we don't protect our sectors then the country can fall into all-out chaos.

5 Transportation the Most Critical Sector Because of the impact that 9/11 caused on this country, the transportation sector has to be the most important. For a terrorist to commit any type of act on the soil of another country you need solid transportation. Al Qaeda took our very own planes that we use to travel to and fro to cause destruction within our country. "Using four jetliners as cruise missiles, however, the September 11th attackers showed how the omnipresent air transportation system could be turned into a weapon far deadlier than ever envisioned by those charged with aviation security. Only a few weeks later, the mailer of anthrax spores, capitalizing on the anonymity and reach of the postal systems, showed how a seemingly innocuous transportation mode could be turned into a weapons delivery system" (Downey, M., L. & Menzies, R. T., 2002). If it wasn't for them being able to target the aviation system, things could be quite different today. However, since the attacks of 9/11 happened, the Department of Homeland Security has made tremendous strides over the years in protecting the various industries of the transportation sector. They didn't attack any sector except our transportation sector. Even though many dangers worry many with cyber- terrorism they are not that equal to the attacks of 9/11. I say this because none has come close to the loss of lives from the attacks that occurred with the transportation system. 9/11 not just because of the loss of those 3000-something lives but because it allows terrorists a vehicle to commit their acts making the transportation sector in my eyes the most critical sector. The transportation sector presents complex challenges especially since everything is connected to the internet making it a big-time attraction for would-be cyber-terrorist. The smallest stop in the way things operate no matter the cause can present big-time problems with human and commerce links. Not to mention those trains that have all these different types of chemicals

6 being transported throughout the country. One of those containers explodes around human populations can cause drastic effects with contamination that can last years. That can impact this country big time economically and psychologically. Transportation is key allowing the country to be productive. Transportation impacts the goods that we buy especially with prices and profits. "The efficiency of our fast-moving depends on items getting from one place to another. Because transportation touches almost every single industry, trucking serves as the heartbeat of production" (What Would Happen If Trucking Stopped, 2019). If transportation stopped for a day, major issues would be present. You wouldn't the delivery of supplies to hospitals and health centers to stop. This can cause life-threatening situations throughout the country. Prices will rise especially with gas and oil. Problems would expand while also creating new ones. The biggest thing is the food shortages which would force people in committing crimes to get food. Cash would also run short resulting in banks not being able to continue operations. No cash means no way to purchase essential goods. Impact on the transportation sector would cause the dog poop to hit the fan in this country. Out of the 16 sectors, the Transportation sector provides the biggest risk. Transportation is critical for supporting the other sectors and infrastructure Systems throughout the country. Various services like hospitals, fire stations, law enforcement and more depend on transportation for getting to and fro. You cannot get people to safety if roads, waterways, and aviation travel is not at full capacity. Legal Issues & Ethical Issues to Consider When Attempting to Harden the Target When it comes to the legal issues that must be considered in the transportation sector there are various issues: screening of passengers and cargo, civil rights and liberties during screening, and protection of sensitive information. With accelerating screening, passenger

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7 experience and supply chain efficiency operations are improved from apply technologies, sources, and methods to make the necessary decisions that are based on risk. People's rights have to be respected as well. "The security screening process must respect the unique personal circumstances of travelers and protect their civil rights and civil liberties" (2020 Biennial Nation Strategy for Transportation Security, 2020). The government also has to be able to process sensitive information which is managed through industry and government data systems. Balancing Protecting the Homeland with Privacy and Civil Liberties After the attacks of 9/11, there has always been the question of what balance should the government use with national security and people's rights. Laura Donahue who is a professor at Georgetown University Law, argued that the approach that was taken by President George W. Bush and continued by Obama represents the first error. Her first argument came against the program called Stellawind. "At its high-water mark, Donohue argues, STELLAR WIND represented an enormous and unwarranted intrusion into the private lives of ordinary Americans who had no involvement in terrorism whatsoever. According to Donahue, thousands of citizens' telephone numbers and e-mail addresses were targeted for content collection in a dragnet that swept in millions of Americans' communications" (Sales, 2017). Surveillance like this that is unsupervised presents us with questions regarding privacy and civil liberty. The government has to find a balance between not eavesdropping on the American people while looking into terrorists from within and outside the country. There have been plenty of times where the government accidentally infringed on people's rights but there have also been times when the government has done so purposely. However, from a survey, it has been shown that close to 50% of people feel as if the government is not doing enough. If you ask me, 9/11 changed the

8 perspectives of many. Based on a survey from the Pew Research Center, 47% of people felt that policies put in place were not enough to protect the country while 32% feel they have gone too far. As time has passed opinions have reversed since then. You haven't heard of any terrorist acts committed so the government should focus on those who are suspected of it rather than use of bulk collection. Balance has to be kept between using the appropriate amount of surveillance to watch and catch would-be terrorists. It has been too many instances where the government has overstepped, and half the country agrees with that. The balance has to be kept between using the appropriate amount of surveillance watch and catching would-be terrorists. It has been too many instances where the government has overstepped, and half the country agrees with that. Not just the bulk collection, there are also monitored phone calls with only 29% of people favoring its usage by the government. In 2005 when President George Bush authorized National Security to monitor calls and emails without permission, big-time concern was the result. In 2008, 74% of Republicans favored the monitoring while 39% of Democrats didn't. People even had concerns with the amount of personal information that businesses collect. They didn't have too much concern about the government collecting but the business corporations raised concerns. Does this Present Challenges in Homeland Security DHS was put in place 20 years ago to deal with terrorist attacks on United States soil. Since then, things have changed making it necessary for policies and procedures to be refined to meet the needs of today. Where movement has increased, the challenge is putting effective policies in place which keep people safe while at the same time not encroaching on people's liberties. Not everybody is ok with the idea of the government monitoring their phone calls and emails. I think certain policies need to be enacted when the time calls for it only instead of

9 having long time use procedures that go well beyond the time it was meant for. The biggest challenge will be with getting people to cooperate with the measures that are used with catching a would-be terrorist. Surveillance has to be used in the right way. You have to avoid breaching people’s privacy in the name of national security. Once people are in the system they are in the system. People should not have to be worried about their calls and activities being monitored. If I have never done anything to cause concern, I shouldn't be under any surveillance. To be watched, you have to have checked off a list that warrants you need to be watched. When people's information is placed on watchlists, people face big-time consequences in the long run. "Once information is in the government's hands, it can be shared widely and retained for years, and the rules about access and use can be changed entirely in secret without the public ever knowing" (Privacy and Surveillance, n.d.). So, with all the various issues that should be considered, the overall challenge is with the government being transparent in its operations. Just like the government holds us accountable with these laws put in place, the government should be held accountable for its actions as well. Critique of the Homeland Security Enterprises Capability to Meet Future Challenges While Balancing Civil Rights Since the attacks of 9/11, the Department of Homeland Security was put in place and is considered one of the most critical but effective responses that the government used to deal with terrorism. Many challenges have presented themselves over time but because of DHS, the country is way more secure than it was before the attacks. Those attacks opened our eyes to what could be used in the future. As the threats continue to evolve, so have the Department of Homeland Security with its increased efforts with cyber threats and terrorism: domestically and

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10 internationally. Originally, the Department of Homeland Security was put in place for combatting international terrorism but has evolved to deal with more threats. DHS was put in place by The Homeland Security Act. Along the way, things were considered contentious with not being able to come together on concerns regarding threats on American soil. Eventually, 22 departments were merged for intelligence coordination along with investments and science and technology. The new department was put in place to address a border set of issues: security around the border, security with transportation, response to disasters, and protection with critical infrastructure. DHS has gone through a great deal, especially with how it handled Katrina. Regardless of the challenges it faced with employees and the diversity of cultures, it has been successful in getting everybody on board with the goals of DHS. Many initiatives by DHS have been conducted which have improved the security around the nation. Screening is now strong around the borders and airports which make it hard for terrorist to travel to carry out their agendas. The barriers to sharing information have been removed also. Today compared to how it was 20 years ago, disaster response has greatly improved, and cyber security has even evolved with the creation of the Cybersecurity and Information Security Agency in 2018. Looking over everything, it would be safe to say that creating DHS was the best thing to do. “ When it comes to homeland security, Congress has been effective at reforming everyone except itself. Seventeen years after the 9/11 Commission issued its report, this is still its only unimplemented recommendation” (Lieberman, 2021). Even if DHS wasn't created it would have put in place something in that same effect so basically the Department of Homeland Security was going to be established long as the terrorist threat existed. I guess you can say from a critiquing standpoint, I stand on the premise that DHS has been successful in protecting the country.

11 References Bram, J., Orr, J. & Rapaport, C. (2002). Measuring the Effects of the September 11 Attack on New York City. https://www.newyorkfed.org/research/epr/02v08n2/0211rapa/0211rapa.html Clark, D.,E., McGibany, J., M. & Myers, A. (2009). The Effects of 9/11 on the Airline Travel Industry. Downey, L., M. & Menzies, R., T. (2002). Countering Terrorism in Transportation. https://issues.org/downey/ Lieberman, I., J. (2021). DHS twenty years after 9/11: Looking back and looking ahead. https://www.brookings.edu/blog/fixgov/2021/09/08/dhs-twenty-years-after-9-11-looking- back-and-looking-ahead/ Privacy and Surveillance (n.d.). https://www.aclu.org/issues/national-security/privacy-and- surveillance Sales, N. (2017). National Security. Civil Liberties. Can We Have Both? national-security-civil- liberties-can-we-have-both What Would Happen if Trucking Stopped? (2018). https://pyramid-logistics.com/what-would- happen-if-trucking-stopped/b

HLSS322_Final Assignment_HoskinsOlivia.edited

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