Intrusion on privacy under the guise of surveillance against terrorism.
This is the world we currently live in, and fusion centers are the tools used to achieve that purpose. Fusion centers began as part of America’s “War on Terror” after 9/11. Though they originated with the goal of protection against terrorism, many of these centers now have broad functions that encompass protection against “all hazards.” They cover everything from terrorism to criminal activity to natural disasters. This means that they have several avenues that allow them to dig into the private information of an individual. This is an issue due to their lack of transparency and oversight.
Very little is known about the way these entities operate and how they acquire their information. Due to an absence of significant oversight, many people are labeled as dangerous even though they are practicing normal First Amendment-protected activities, such as peaceful protesting. Such an inadequacy in oversight also means that personal information may be provided to private companies without permission.
This has sparked concerns for many civil rights groups about unreasonable privacy breaches and discrimination and civil rights groups are not the only ones who have found issues with fusion centers.
A Senate Study in 2012 determined that these centers were highly inefficient, as they were producing little results, burning up financial resources, and violating civil liberties. One example of their ineffectiveness is the January 6th attack on the U.S. Capitol. Fusion centers gave the FBI and Department of Homeland Security information prior to this attack, but they both chose to disregard the fusion center’s warnings.
While the Senate Study criticized the intrusion of fusion centers on civil rights, little action has been taken to increase transparency and oversight of fusion centers. As a result, Arabs, Muslims, and Blacks continue to suffer discrimination as dangerous simply due to their racial or religious identities. They find themselves being surveilled and questioned by local, state, or federal law enforcement with no reasonable basis.
Not only are fusion centers inefficient, but their ability to also pry into personal information makes them dangerous tools of discrimination and these troublesome tools can be found in every state in America.
In Oklahoma, there is only one fusion center called the Oklahoma Counter Terrorism Intelligence Center (OCTIC). The OCTIC is under the control of the Department of Safety and its functions seem to be extremely broad as it focuses on “counter-terrorism, criminal intelligence, investigative, and cyber security support.” The accountability of this fusion center is ensured through a Governance Board and Steering Committee. The Governance Board comprises members of agencies such as the Oklahoma Office of Homeland Security, Oklahoma City Police Department, Oklahoma State Bureau of Investigation, and several others. A major issue with oversight appears here as many of these agencies are also partners with the OCTIC. Thus, the OCTIC is self-policing itself, and transparency is once again in question. Because the OCTIC rarely releases its acquired information publicly, the Governance Board is meant to ensure that civil liberties are protected. However, the current state of the Governance Board creates great doubts about its effectiveness in handling that task.
While many activists and civil rights groups have attempted to abolish fusion centers, there remains at least one fusion center in each state. Thus, efforts have been concentrated on increasing transparency and oversight of fusion centers, as well as decreasing their funding. This can be done through independent audits rather than a Governance Board with great connections to the fusion center itself.
In 2023, the state of Maine passed a bill that created an Auditor position in the Office of the Attorney General. However, activists were still unsatisfied as the Auditor’s position is not independent and still within the field of law enforcement. Additionally, in 2021, activists in Minnesota were able to stop an increase in fusion center funding through petitions, lobbying, and public education campaigns. While these are only small steps in ensuring accountability, this work is important in highlighting and raising awareness about the significant issues with fusion centers.
In a country brimming with systemic discrimination, the veil of secrecy surrounding fusion centers has left much room for abuse. However, activists have begun ripping this veil apart, opening a path for a more just and equal future.