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Intelligence Fusion Centers Northern Arizona University Jeanette Martinez INT 315 Professor Rod Parish February 5, 2023

INTELLIGENCE FUSION CENTERS 2 Introduction At state and local level, intelligence is about understanding problems, and good intelligence provides a level of actionable information that can help solve criminal investigations. At the state and local level, and homeland security problems are endlessly dynamic and adaptive. “Whether it’s an emerging terror plot, the impact of recidivist crime, the brunt force of a superstorm or health alert, the obliqueness of cyber malware, or even the preparation required to get ready for a special event” (Ratcliffe, 2016, pg.21). Following the September 11 attacks, the need to develop a response for a terrorist threat became of paramount importance to effectively share information and intelligence across all government agencies. Fusion centers were created to detect, prevent, investigate, and respond to criminal and terrorist activity through the improvement of information sharing and analysis within all state, local, and tribal law enforcement agencies. Organization Built on existing criminal intelligence efforts, fusion centers are state and locally owned and operated in major city police departments. There are currently 72 official fusion centers in the U.S. (Carter et al., 2012). The relationship between intelligence-led policing and fusion centers is reinforced by the Office of Homeland Security’s National Strategy for Homeland Security. The centers are credited for their ability to analyze information much quickly and predict threats to Americans. Fusion centers increase the production and sharing of crime and intelligence analysis product. Procedure and Policies

INTELLIGENCE FUSION CENTERS 3 In 2004 and 2005, when Fusion centers were created by states, there were no guidelines or standards in place for the development or processing of information sharing. Due to this, centers that were designed to share information were incapable of consistent and effective information sharing. While fusion centers are controlled by their respective state or local jurisdictions, they comply with federal standards and serve as a clearinghouse of information for the Department of Homeland Security. The U.S. Department of Justice with help from the Global Justice Information Sharing Initiative’s and the Department of Homeland Security Advisory Council collaborated with numerous law enforcement experts and practitioners from local, state, tribal, and federal agencies, as well as representatives of public safety and private sector entities across the country to develop the Fusion Center Guidelines: Developing and Sharing Information and Intelligence in a New Era (Homeland Security, DHS, 2021). Each fusion center has a formalized policies and procedure manual. This manual is the foundation for communications within the center and among personnel. “By developing, publishing, and adhering to a policies and procedures manual, the expectations for personnel are outlined, creating consistency and accountability while reducing liability and enhancing overall professionalism” (Fusion Center, OJP.org, 2023, p59). Fusion centers are also adhered to following exist guidelines, statues, policies, and procedures like 23 CFR Part 23 and the Critical Infrastructure Information Act. Fusion centers play a critical role in supporting uniform officers and investigators, by supporting the needs of law enforcement to submit and receive information in a more effectively and efficiently way to carry out their duties and responsibilities. Fusion centers are best equipped to meet tomorrow’s challenges when technology is advancing on prevention and investigation tactics. In an era in which criminals and terrorists are known to use technology, it is critical that

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INTELLIGENCE FUSION CENTERS 4 fusion centers develop and implement the required policies, practices, and technology solutions to help protect communities while ensuring that the privacy and civil liberties of individuals are also protected. Issues related to intelligence data collection, analysis, and technology. Fusion centers have drawn a fair amount of criticism with the way they operate and the protection of civil liberties. Individuals believe that law enforcement and government agencies get away from a criminal predicate, the greater chances that civil liberties may be violated. According to the American Civil Liberties Union (ACLU), “We’re setting up essentially a domestic intelligence agency, and we’re doing it without having a full debate about the risks to privacy and civil liberties” (Stanley & Steinhardt, 2007). The collection and sharing of intelligence information, especially those of American citizens needs to be conducted with the utmost care. The participation of agencies from multiple jurisdictions in fusion centers allows the authorities to manipulate difference in federal, state, and local law to maximize information collection. Any state or local level needs to follow all guideline of 28 CFR, Part 23, when collecting data and to avoid any false interpretation of information. Fusion centers or any government agency cannot retain information on individuals for intelligence activities unless there is a criminal predicate. “All information collected about an individual for intelligence purposes must be done in a manner that is consistent with the law of criminal procedure” (Carter, 2022, pg144). Law enforcement agency has the responsibility of protecting the privacy of information it collects about individuals in the course of intelligence operations. “Protection of privacy extends to the dissemination of information only to officials who have the right to know and need to know the information for purposes of furthering a criminal investigation” (Carter 2009, p 144). Constitutional rights attach to individuals, not

INTELLIGENCE FUSION CENTERS 5 aggregate data, criminal methods, or other information that is descriptive and useful for intelligence analysis. Conclusion Most law enforcement agencies have the similar primary mission; that is to serve and protect the citizens and property with in their respective jurisdictions. Fusion centers are playing a critical role in the nation’s domestic intelligence capability and will advance furthermore in the future. Preventing crimes and terrorism relies not so much on the highly sophisticated and technological tools available, but the simple, informal passing of information. As the result, law enforcement community gained the additional mission of detection, deterrence, and prevention of future terrorist attacks. Fusion centers, along with agencies must continue their efforts to establish relationships with their communities, businesses, and infrastructure entities to develop channels for raw information to get into the intelligence cycle.

INTELLIGENCE FUSION CENTERS 6 References Carter, D. (2009). Law Enforcement Intelligence: A Guide for State, Local, and Tribal Law Enforcement Agencies. 2d ed. Washington D.C.: U.S. Department of Justice. Carter, D. (2022). Law enforcement intelligence: A guide for state, local, and tribal law enforcement agencies (3rd Edition). U.S. Department of Justice https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/ Law_Enforcement_Intelligence_Guide_508.pdf Carter, & Carter, D. L. (2012). Law enforcement intelligence: implications for self-radicalized terrorism. Police Practice & Research , 13 (2), 138–154. Fusion Center Foundational Guidance | Homeland Security (dhs.gov) Fusion center guidelines - bureau of justice assistance . fusion center guidelines. (n.d.). Retrieved February 5, 2023, from https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fusion_center_guideline s_law_enforcement.pdf. Jay Stanley and Barry Steinhardt, EVEN BIGGER, EVEN WEAKER: THE EMERGING SURVEILLANCE SOCIETY: WHERE ARE WE NOW? AMERICAN CIVIL LIBERTIES UNION, (Sept. 2007), available at /files/pdfs/privacy/bigger_weaker. pdf. Ratcliffe, J.H. (2016), Intelligence-Led Policing, 2nd ed., Routledge, New York, NY. 28 CFR § 23.20 - Operating principles. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute (cornell.edu)

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