Tribal members, environmental advocates and community organizers filed a lawsuit Tuesday against the Oregon Department of Justice over what they allege is an illegal domestic spying operation.
In court documents filed in Marion County Circuit Court, attorneys for four named plaintiffs argue 鈥� a joint state and federal law enforcement operation meant to counter terrorism and criminal activity 鈥� is 鈥渁n opaque and pervasive domestic intelligence program that is authorized by no statute.鈥� They鈥檝e asked the court to find the center is unlawful and prevent the Oregon Department of Justice from operating it. They also want a judge to force the state鈥檚 fusion center to destroy intelligence it has collected.
Following the 9/11 terrorist attacks, fusion centers popped up across the country as a mechanism for law enforcement agencies to share information and and thwart future attacks. Oregon鈥檚 TITAN (an acronym for Terrorism Information Threat Assessment Network) Fusion Center is one of the approximately 80 across the country.
鈥淥ver the past two decades, however, many of the agencies that administer fusion centers have expanded the intelligence priorities of these domestic intelligence clearinghouses well beyond terrorist threats, adopting instead an 鈥榓ll crimes/all hazard approach,鈥欌�� the lawsuit states. 鈥淭his change essentially sweeps any activity deemed suspicious into a fusion center鈥檚 purview.鈥�
The lawsuit states that TITAN analysts surveil individuals engaged in peaceful protest. It cited that showed Oregon鈥檚 Fusion Center played a role in surveilling protesters who opposed the Jordan Cove liquefied natural gas project in Coos County.
Ka鈥檌la Farrell-Smith, a member of the Klamath Tribes and a named plaintiff in the lawsuit, strongly opposed the Jordan Cove LNG Project.
鈥淲e all knew we were being surveilled,鈥� she said Tuesday in Portland. 鈥淣ow that I鈥檓 learning the level of unfettered surveillance we were under by this TITAN fusion center. I鈥檓 terrified for everyone 鈥� Who else do they deem as a threat?鈥�
Kristina Edmunson, a spokesperson for the Oregon Department of Justice, said the agency鈥檚 attorneys are reviewing the lawsuit. She added that the case cites years old examples that she said have been addressed.
鈥淔or example, the lawsuit references a Guardian news article expressing concerns that members of law enforcement were monitoring protests regarding the Jordan Cove project,鈥� Edmunson said in a statement. 鈥淲hen we learned of the concerns, we followed up immediately and shortly thereafter placed the Fusion Center employee on administrative leave. After an internal investigation, we issued the employee a pre-dismissal notice and he chose to resign.鈥�
Edmunson stated federal law allow only allows fusion center analysts to share information when there鈥檚 鈥渞easonable suspicion鈥� of criminal activity. She added the Oregon Department of Justice updates lawmakers every other year during session on the center鈥檚 activities.
Farhang Heydari, executive director of New York University School of Law鈥檚 Policing Project, is one of the attorneys representing the plaintiffs suing the Oregon Department of Justice. He said the agency and the fusion center are operating beyond their legal authority because there is no statute that allows for the surveillance.
鈥淭ITAN describes itself as pursuing not only all crimes, but all threats 鈥� and TITAN is the one who decides who and what is a threat,鈥� Heydari said Tuesday. 鈥淭here鈥檚 no statute that authorizes the Department of Justice to operate an expansive data gathering operation that pursues all crimes and all threats. There鈥檚 certainly no statute that permits this operation to occur in secret, with no transparency and no accountability.鈥�
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