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Addressing Profiling Changes to the Department of Justice

We’ve gotten pretty good at collecting all sorts of data from cameras and other sensors – but in the end, it is what we do with the information that counts. Surveillance technologies provide the capability to capture the minutest details, but the real value in collecting information is in its analysis. While technology allows us to observe behaviors that predict criminal intent and can interdict before events occur, often this data is subverted by security professionals and law enforcement misinterpretation based on spurious factors.

Recently the Department of Justice (DOJ) announced that it would be releasing new regulations concerning the use of “profiling” by law enforcement officials and agencies. Based on media interpretation and a misunderstanding of this announcement, one element of the announcement grabbed the headlines – that the Department of Homeland Security’s Transportation Security Administration (TSA) and the U.S. Customs and Border Protection (CBP) would be exempted from the new regulations on the use of profiling. This media interpretation immediately elicited the expected outcry from civil libertarians concerned with the misuse of profiling as a surveillance and policing technique.

Unfortunately the interpretation by the media of the new DOJ regulations has some important flaws. First, it was reported that certain agencies that deal with counter-terrorism would be exempt from the new regulations. These reports especially highlighted an exemption for agencies that conduct security operations in the areas of airports and border crossings. Of course this has caused alarm among civil rights and religious groups that believe they are already profiled by federal agencies in those locations.  However, the truth is that profiling has not been in use by most agencies since the previous DOJ guidelines were put out in 2003. 

Profiling based on race, culture, and religious affiliation has been shown to have significant flaws in multiple studies and is not used by most law enforcement agencies. This type of profiling in reality is the stuff of shows and movies. Real and effective security is accomplished by identifying suspicious behavior, not individuals singled out by profiling.

Secondly, the misinterpretation of the DOJ regulations adds to the misunderstanding of the techniques which are utilized by DHS. At TSA, profiling is a catch-all and misused term. The Department of Homeland Security and its components do not profile. In fact, within DHS there is constant review, education and quality control measures in place to ensure that its employees do not “profile.” Every policy, program and person within DHS is subject to scrutiny by its Office of Civil Liberties and Rights, legal counsels and the DHS Inspector General. When allegations of profiling have been leveled against various elements of the DHS in the past, after extensive investigation these allegations were not substantiated. DHS has enhanced and continues to modify their programs and has training, education and stringent quality control measures to ensure that their personnel do not profile anyone based on race, religion, gender or sexual orientation.

The proposed exemption for airports is a hot button for groups that have raised questions about TSA’s Behavior Detection Program (BDO). The BDO program trains TSA officers to look for passengers showing signs of stress, fear or deception as a way to detect terrorists. The BDO programs looks for behaviors, not individuals who fit a profile. Sound methodology and rigorous training, education and oversight have been built into the BDO program to preclude profiling.

While surveillance technologies are invaluable to security efforts, no technology or system can take the place of security professionals to fully use and interpret information. It is for this reason that the BDO program is so important.

Improper terminology by the media antagonizes the general public and makes the job of security organizations and law enforcement agencies more difficult. Classifying law enforcement surveillance and observation techniques as “profiling” is misleading and causes tension between the public and security and law enforcement. Most law enforcement and security agencies utilize techniques to assess behavior because classifying individuals or profiling them leads to mistakes. Identifying criminal behaviors, understanding patterns and anomalies based on observation or utilizing proper surveillance, and classifying risk based on behaviors are much more effective ways of mitigating threats.

Security is a fine balancing act to respect the rights of individuals and simultaneously protect the public. Let’s not mislabel surveillance and observation programs as something they are not. Let’s allow security professionals to do their work and protect against terrorism.  

Source: https://www.securitymagazine.com/articles/86065-addressing-profiling-changes-to-the-department-of-justice

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Fern Prompravat

Ms Prompravat is a Magna Cum Laude graduate of Old Dominion University with a Bachelor of Science in Psychology, with a concentration in Human Factors. Along with two minors of Computer Science and Business Management. Ms Prompravat began working with Mr. Halinski since 2017, as a liaison for aviation security projects between the United States and countries in South East Asia, specifically Thailand and Vietnam. Ms. Prompravat has made a significant impact in bridging the cultural divides between the SRI Group and their collaborative projects. Currently, Ms Prompravat is responsible for all marketing and GSA administrative aspects for the SRI Group.

Kevin Cahill​

Mr. Cahill is an internationally recognized aviation security consultant and skilled instructor who has provided expertise and assistance to multiple countries, aviation agencies and international organizations throughout the world. He is currently the Director of Aviation Security for SRI Group and is a consultant to the International Civil Aviation Organization (ICAO). He previously served as the U.S. Transportation Security Administration (TSA) liaison responsible for aviation and transportation security issues in Central and Eastern Europe, including the Russian Federation, Ukraine and Poland. He was responsible for ensuring compliance with U.S. aviation security regulations and ICAO international aviation security standards and developed risk mitigation plans to counter aviation security vulnerabilities. He also provided technical assistance and response to acts of unlawful interference against aviation and other transportation infrastructures. He successfully negotiated international transport security agreements and helped develop national level transportation security programs, policies and plans to mitigate risk to global aviation.

Mr. Cahill has developed strong partnerships with foreign governments and airport authorities in regions that have direct flights to the U.S., as well as with key U.S. government agencies, to ensure that effective, sustainable security practices and new security technologies are implemented. He led the TSA 2014 Sochi Olympics team which provided aviation security expertise to the U.S. State Department’s interagency security effort for the Olympic Games. As Department for Homeland Security (DHS) Attaché for Poland, he was responsible for ensuring coordination of all DHS activities and policies throughout the Central and Eastern European region. He also served as U.S. delegate to the ICAO Aviation Security Panel and to ICAO Aviation Security Working Groups, helping insure that U.S. aviation policies were included as a key part of the overall global security strategy.

As TSA Representative to the ICAO Universal Security Audit Program (USAP), Mr. Cahill conducted multiple ICAO aviation security audit missions worldwide, successfully leading international civil aviation security audit missions in Europe, Africa, the Middle East and Asia. He worked closely with national authorities and aviation security stakeholders to provide assistance to host governments, assisting them in achieving compliance with international standards. He has also facilitated ICAO aviation security auditor certification training programs at several ICAO training centers, resulting in the certification of dozens of ICAO Auditors from countries throughout Africa and Europe. He has also successfully conducted quality control training and ICAO Global Aviation Training programs and is certified as an ICAO Instructor and has been certified as an ICAO AVSEC Auditor.

As Senior International Aviation Security Inspector for TSA in Brussels, Belgium and Frankfurt, Germany, Mr. Cahill conducted multiple quality control oversight missions, including foreign airport assessments and air operator inspections, ensuring compliance with ICAO and TSA requirements. He successfully coordinated the implementation and sustainability of international compliance standards and procedures with U.S. and foreign aircraft operators at airports in over 20 countries throughout Europe, Africa and the Middle East.  He directed operations as on-site aviation security coordinator for the TSA/DHS response to transportation-related terrorist threats during deployments to European locations during the outbreak of the Iraq war in 2003 and during heightened security threats in the UK in 2004 and 2006.

 Mr. Cahill is a graduate of the University of Massachusetts Boston with a Bachelor of Arts in Political Science and is a retired U.S. Air Force veteran specializing in Security Forces operations who served in Operation Desert Shield/Desert Storm, with NATO Forces in Bosnia and Kosovo and in Operation Enduring Freedom

John Halinski

John Halinski is currently the CEO partner of S&R Investments LLC of Manassas dba SRI Group, a veteran owned small business specializing in global security and technology and risk consulting opportunities. He is also the President and owner of Raloid Corporation a manufacturing facility specializing in sensitive DoD programs in Baltimore Maryland. He also consults for the International Civil Aviation Organization, ICAO.

John Halinski became TSA’s Deputy Administrator in July 2012. As Deputy Administrator, he was responsible for helping TSA grow as a high-performance counterterrorism agency.

Halinski joined TSA in July 2004, serving in the Office of Global Strategies (OGS) before assuming his role as Deputy Administrator.  In this capacity Halinski served as the COO for the 62,000-person TSA.  He has spearheaded an operational and cultural change which has stressed a risk-based approach to security, the professional development of the TSA workforce and increasing stakeholder outreach.    

As Assistant Administrator for OGS from 2008 to 2012, Halinski was responsible for enhancing international transportation security through compliance, outreach and engagement, and capacity development. Key accomplishments included the advancement of measures to prevent and suppress all acts of unlawful interference against civil aviation and acting as the US Representative on Aviation Security for ICAO. As the Europe Area Manager/TSA Representative for OGS, Halinski was also responsible for all TSA operations and administrative activities in Europe, Africa and the Middle East.

Additional accomplishments since joining TSA include serving as the TSA/DHS lead for the 2006 Winter Olympics and acting as the TSA Representative for the evacuation of Americans from Lebanon in 2006. Halinski also served as the chief technical advisor for aviation security for the U.S. State Department negotiations on Open Skies agreements.  He also developed and implemented a successful Africa engagement strategy for TSA, as well as the Safe Skies for Africa program. In addition, Halinski directed the TSA response to international incidents including the international cargo plot of 2010, rebuilding of Haiti’s transportation security infrastructure following the 2010 earthquake, and the December 25, 2009 attempted terrorist bombing and printer bombing attempt.

Previously, Halinski served 25 years in the Marine Corps in a variety of positions. Highlights of this period include several successful tours involving counterterrorism, counter-drugs and counter-proliferation operations.

Halinski earned a Bachelor of Arts degree from the University of Florida and a Master of Science degree in Strategic Intelligence from the National Intelligence University in Washington, D.C. He is a graduate of TSA’s Senior Leadership Development Program and the Federal Executive Institute in Charlottesville, Virginia. John Halinski is also on the Board of Advisors for Marymount University’s Intelligence Studies Program, The Board of Advisors for Christopher Newport University’s Center for American Studies and is a Senior Fellow with George Washington University on Homeland Security issues.  John Halinski is also a frequent contributor to the media and has appeared as an expert commentator for NBC, CBS, ABC, Bloomberg and MSNBC as well as being published in various security publications.