Counterintelligence, a breakdown of its laws, directives and instructions

Counterintelligence is a branch of the intelligence hierarchy which is concerned with keeping information out of the hands of foreign and domestic enemies. A number of different techniques are used to keep information safe and to generate misleading information which can be used to throw enemy agents off-track. Most nations have a government agency which supervises counterintelligence, and often several intelligence agencies have a counterintelligence branch which is separate from their regular operations.

Keeping potentially sensitive information out of enemy eyes is the most important goal of counterintelligence, and many counterintelligence agents work closely with security agents to ensure that information is secured and protected. As part of their mission, counterintelligence agencies gather information on foreign and enemy intelligence agencies, looking at their structures, methods of working, and known operatives. This information is used to exploit vulnerabilities and security holes on the enemy's side while protecting vital information.

 

In addition to protecting information, counterintelligence agencies also work to prevent subversion, assassination, sabotage, and other threats to information security and national security, using information gathered from enemy organizations to stay informed about such threats. They may also work in direct opposition to foreign operatives, performing what is known as counterespionage in an attempt to lead spies off the scent. Most counterintelligence agencies also work to deceive the enemy by planting information, making misleading plans, and so forth, in the hopes that this information will end up in the hands of the enemy, leading the enemy to make a mistake.

 

The art of counterintelligence has often been referred to as the least-known, the least-understood, and certainly among the least appreciated of all the intelligence disciplines. Surrounding and contributing to the lack of understanding of what counterintelligence can bring to the table is a well-known fact that the federal agencies which constitute the major players in the CI arena, namely the FBI, CIA, NSA and the Department of Defense, all contribute to the semantic vagaries which underpin the lack of common agreement as to what counterintelligence actually means and how it should be employed in both its defensive and offensive modes. As a result, each organization interprets and executes its -counterintelligence missions in a myriad of different ways which can significantly impair or obviate a consensus-driven definition of the term.

 

CI Laws: Exploring Executive Order 12333

 

On December 4, 1981, President Ronald Reagan enacted Executive Order 12,333, establishing the United States intelligence guidelines. Numerous restrictions were imposed on the Central Intelligence Agency (CIA) in the 1970s in a response to disclosures of widespread wrongdoing. Executive Order 12333 reflects the President's determination to unleash America's intelligence community from those limitations.

The Order allows the CIA, America's chief foreign intelligence gathering entity, to direct domestic counterintelligence, foreign intelligence, covert operations, and law enforcement activity against United States citizens. The drafters of the Order ignored the statutory limits on intelligence gathering activity codified in the National Security Act. Numerous amendments have been made since then.

 

Counterintelligence is an intelligence activity. Although some continue to debate this premise

Within the United States, by statute and policy, counterintelligence is an intelligence activity

And it is identified as such in the National Security Act, Executive Order, and various other directives. National Security Act of 1947 (P.L. 80-253) -- as amended.

 

Basic laws governing intelligence in the United States, which specifically defines

Intelligence to include foreign intelligence and counterintelligence.

Executive Order 12333 -- U.S. Intelligence Activities (4 Dec 1981)

 

Executive Order 12333 Provides the U.S. Government with a clear definition of counterintelligence: “information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document, or communications security programs.” [para 3.4]

 

In the table of contents, under goals (Part I) with respect to the national intelligence effort, it directs that “special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government, or United States corporations, establishments, or persons.” [para 1.1(c)] …this activity is part of counterintelligence.

 

It also directs the Intelligence Community to conduct intelligence activities necessary for “the

protection of the national security of the United States, including… collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the United States, international terrorist and international narcotics activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents.” [para 1.4(c)]

 

The FBI has authority to investigate threats to the national security pursuant to presidential executive orders, attorney general authorities, and various statutory sources.

Executive Order 12333; 50 U.S.C. 401 et seq.; 50 U.S.C. 1801 et seq.) “Threats to the national security” are specifically defined to mean: international terrorism; espionage and other intelligence activities, sabotage, and assassination, conducted by, for, or on behalf of foreign powers, organizations, or persons; foreign computer intrusion; and other matters determined by the attorney general, consistent with Executive Order 12333.

 

My sources were derived from membership based outlets such as; https://www.opensource.gov http://www.rand.org http://www.ict.org.il  http://www.cicentre.com https://www.siteintelgroup.com http://www.ctc.usma.edu

 

Executive Order 12333, "United States Intelligence Activities,"

December 4, 1981
 

INTRODUCTION TO U.S. COUNTERINTELLIGENCE

CI 101- A PRIMER
1 July 2005
By Mark L. Reagan, COL USA (Ret)