EYES ON YOU: BACKGROUND ANDISSUES SURROUNDINGSURVEILLANCE FROM THE SKY -- EYES ON YOU: BACKGROUND ANDISSUES SURROUNDINGSURVEILLANCE FROM THE SKY -- CONTENTS -- PREFACE -- SATELLITE SURVEILLANCE:DOMESTIC ISSUES -- ABSTRACT -- BACKGROUND -- CURRENT POLICIES -- The Independent Study Group -- National Applications Office (NAO) -- LEGAL CONSIDERATIONS -- Constitutional Rights -- Searches and Non-searches Distinguished -- Reasonable Warrantless Searches -- Statutory Authorities and Restrictions -- The National Security Act -- The Posse Comitatus Act and Statutory Exceptions -- Executive Branch Authorities -- Executive Order 12333 -- DOD Directives -- CONCLUSION -- REFERENCES -- NATIONAL APPLICATIONS OFFICECERTIFICATION REVIEW -- DHS HAS NOT FULLY JUSTIFIED ITS CERTIFICATION THATTHE NAO COMPLIES WITH APPLICABLE LAWS -- DHS HAS TAKEN STEPS TO JUSTIFY ITS CERTIFICATIONOF COMPLIANCE WITH PRIVACY STANDARDS -- DHS IDENTIFIED CIVIL LIBERTIES CONCERNSASSOCIATED WITH NAO OPERATIONS BUT HAS NOTYET FULLY ADDRESSED THEM -- RECOMMENDATIONS FOR EXECUTIVE ACTION -- COMMENTS FROM THE DEPARTMENT OF HOMELANDSECURITY AND OUR EVALUATION -- ENCLOSURE I: PUBLIC VERSION OF SEPTEMBER 15, 2008,BRIEFING TO CONGRESSIONAL STAFF -- INTRODUCTION -- OBJECTIVES -- SCOPE AND METHODOLOGY -- RESULTS IN BRIEF -- DHS Has Not Fully Justified Its Certificationthat the NAO Complies with Applicable Laws -- DHS Has Taken Steps to Justify Its Certificationof Compliance with Privacy Standards -- DHS Identified Civil Liberties Concerns Associated withNAO Operations but Has Not Yet Fully Addressed Them -- BACKGROUND -- Sharing of Classified Satellite Information for Domestic Purposes -- The Role of the Civil Applications Committee -- Independent Study Group -- National Applications Office -- NAO Certification -- NAO User Domains -- NAO Functions -- Information -- NAO Acceptance Process.

DHS CERTIFICATION OF COMPLIANCEWITH APPLICABLE LAW -- DHS Has Not Resolved Legal and Policy Issues Associatedwith NAO Support for Law Enforcement Operations -- DHS Took Steps to Develop a Legal Review Procedurefor Requests but Has Not Yet Established SufficientManagement Controls to Ensure that It Will Be Effective -- DHS CERTIFICATION OF COMPLIANCEWITH PRIVACY STANDARDS -- DHS Originally Did Not Fulfill Agency Requirementsto Identify Privacy Risks and Control Mechanismsbut Recently Has Taken Steps to Do -- The System-of-Records Notices Cited by DHS Do NotProvide a Public Explanation of the Privacy Protections Associatedwith Planned NAO Operations -- DHS Identified Civil Liberties Concerns Associatedwith NAO Operations but Has Not Yet Fully Addressed Them -- Potential for Improper Use or Retentionof Information Provided by NAO -- Potential for Impermissible Requests as aResult of Broad Annual Memorandums -- CONCLUSIONS -- RECOMMENDATIONS -- AGENCY COMMENTS AND OUR EVALUATION -- ENCLOSURE II: COMMENTS FROM THEDEPARTMENT OF HOMELAND SECURITY -- REFERENCES -- HOMELAND SECURITY:UNMANNED AERIAL VEHICLESAND BORDER SURVEILLANCE -- ABSTRACT -- BACKGROUND -- CONGRESSIONAL MANDATES FOR THE USE OF UAVS -- BENEFITS AND LIMITATIONS OF UAVS -- Benefits -- Limitations -- Other Concerns -- ISSUES FOR CONGRESS -- Costs vs. Benefits -- UAV Effectiveness -- Lack of Information -- Coordination with USBP Agents -- Safety Concerns -- Implementation Schedule -- Possible Alternatives -- REFERENCES -- BIG BROTHER IN THE SKY" AND OTHERGRAVE CIVIL LIBERTIES CONCERNS ABOUTTHE ADMINISTRATION'S UNILATERAL ACTIONTO DEPLOY MILITARY SATELLITES TO SPY ONTHE CONTINENTAL UNITED STATES FORDOMESTIC LAWENFORCEMENT PURPOSES -- I. CIVIL LIBERTIES AND PRIVACY CONCERNS RAISED BYTHE CIVIL APPLICATIONS COMMITTEE'S REPORT.

II. CONSTITUTIONAL AND OTHER LEGAL CONSIDERATIONSSUPPORT BEING "RISK AVERSE"TO PROTECT RIGHTS -- III. THE NEED FOR MORE COMPLETE DISCLOSURE ANDMORE INVESTIGATION INTO THIS MATTER -- IV. CONCLUSION -- STATEMENT OF BARRY STEINHARDT,DIRECTOR, TECHNOLOGY AND LIBERTYPROJECT,AMERICAN CIVIL LIBERTIES UNIONON THE PRIVACY AND CIVIL LIBERTIESIMPLICATIONS OF DOMESTIC SPY SATELLITESBEFORE THE HOUSE COMMITTEE ONHOMELAND SECURITY, SEPTEMBER 6, 2007 -- SUMMARY OF RECOMMENDATIONS -- A SURVEILLANCE SOCIETY? -- OUR LAWS AREN'T STRONG ENOUGH -- THE NEED FOR OVERSIGHT -- KEY QUESTIONS FOR CONGRESS TO ASK -- What Are the Capabilities of Today's Spy Satellites? -- What Might Spy Satellites Be Capable of in the Future? -- RECOMMENDATIONS -- "TURNING SPY SATELLITES ON THEHOMELAND: THE PRIVACY AND CIVILLIBERTIES IMPLICATIONS OF THE NATIONALAPPLICATIONS OFFICE" -- INTRODUCTION -- THE MISSION OF THE OFFICE FOR CIVILRIGHTS AND CIVIL LIBERTIES -- THE OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES'ROLE IN THE NATIONAL APPLICATIONS OFFICE -- CIVIL LIBERTIES AND THE DOMESTICUSE OF GEOSPATIAL IMAGERY AND DERIVEDPRODUCTS AND SERVICES -- CONCLUSION -- WRITTEN STATEMENT OF HUGO TEUFEL III,CHIEF PRIVACY OFFICER, U.S. DEPARTMENTOF HOMELAND SECURITY, BEFORE THEUNITED STATES HOUSE OFREPRESENTATIVES, COMMITTEE ONHOMELAND SECURITY, SEPTEMBER 6, 2007 -- INTRODUCTION -- THE PRIVACY OFFICE INTERACTIONWITH INTELLIGENCE AND ANALYSIS -- THE NAO PRIVACY IMPACT ASSESSMENT -- THE PRIVACY OFFICE AND OFFICE FOR CIVIL RIGHTS ANDCIVIL LIBERTIES AND ODNI'S CIVIL LIBERTIESPROTECTION OFFICE -- CONCLUSION -- ASSISTANT SECRETARY CHARLES E.ALLEN,CHIEF INTELLIGENCE OFFICER,DEPARTMENT OF HOMELAND SECURITY,STATEMENT FOR THE RECORD, BEFORE THEHOUSE OF REPRESENTATIVES, COMMITTEEON HOMELAND SECURITY,SEPTEMBER 6, 2007 -- BACKGROUND OF THE NATIONAL APPLICATIONS OFFICE -- DAY TO DAY ACTIVITIES.

PRIVACY AND CIVIL LIBERTIES -- CONCLUSION -- STATEMENT OF CHAIRMAN BENNIEG. THOMPSON, "TURNING SPY SATELLITES ONTHE HOMELAND: THE PRIVACY AND CIVILLIBERTIES IMPLICATIONS OF THE NATIONALAPPLICATIONS OFFICE" -- INDEX.