S1E8 | How law enforcement is using OSINT

Summary

In this episode of Needlestack, hosts Matt Ashburn and Jeff Phillips interview Richard Denholm, a law enforcement legal expert with nearly three decades of experience, including time with the FBI. Denholm discusses the role of open-source intelligence (OSINT) in law enforcement, emphasizing the importance of understanding privacy laws and civil liberties. He highlights the challenges of discerning accurate information in a sea of public data and the impact of disinformation campaigns, particularly in the context of current world events like the Russia-Ukraine conflict. Denholm also addresses the application of OSINT in the private sector, stressing the need for businesses to be aware of privacy laws and the value of accurate intelligence for decision-making.

Takeaways

• 📢 Open source intelligence (OSINT) is not limited to social media platforms like Twitter, Instagram, or Facebook; it encompasses millions of publicly available information sources.
• 👮‍♂️ Law enforcement agencies require skilled analysts and expertise to navigate the vast array of publicly available information for investigations.
• 📚 Richard Denholm, a law enforcement legal expert, has published a textbook titled 'Intelligence Studies Anthology: Foundational Concepts and Case Studies for the 21st Century'.
• 🔍 During his FBI tenure, Richard Denholm worked on high-level public corruption investigations and was involved in the conviction of a U.S. congressman.
• 🌐 As Deputy Director of the OCDAF fusion center, Richard Denholm focused on open source intelligence work, highlighting its importance in federal law enforcement.
• 🛡️ Law enforcement must balance the use of OSINT with privacy laws and civil liberties, ensuring compliance with the Fourth Amendment of the U.S. Constitution.
• 🏢 Differences in privacy laws and regulations across jurisdictions can impact how state and local law enforcement agencies collect and use OSINT.
• 💼 Resource constraints can limit the tools and technologies available to state and local law enforcement for effective OSINT collection.
• 🌍 The current geopolitical situation, such as the Russia-Ukraine conflict, influences OSINT practices, with a need for analysts to discern disinformation.
• 🏢 The private sector also benefits from OSINT for business intelligence, such as assessing geopolitical environments for expansion or investment.
• 📈 Companies must consider privacy laws and regulations in their jurisdiction when collecting and using OSINT for business purposes.

Q & A

What is the role of open source intelligence (OSINT) in law enforcement?

OSINT plays a critical role in law enforcement by providing information from publicly available sources to aid investigations, enhance situational awareness, and support decision-making processes.

How does Richard Denholm's background with the FBI inform his current role at A1C Partners?

Richard Denholm's extensive experience as a special agent with the FBI, particularly in high-level public corruption investigations and as deputy director of the OCDAF fusion center, provides him with a deep understanding of law enforcement intelligence needs and the legal frameworks governing their activities, which he now applies in his role as a director at A1C Partners.

What is the title of the textbook Richard Denholm recently published?

Richard Denholm recently published a textbook titled 'Intelligence Studies Anthology: Foundational Concepts and Case Studies for the 21st Century'.

How does the fourth amendment of the U.S. Constitution apply to open source intelligence collection?

The fourth amendment protects citizens from unreasonable searches and seizures, and this applies equally to federal, state, and local governments. Law enforcement must ensure that their collection and use of open source intelligence does not violate individuals' rights under this amendment.

What are some of the challenges faced by state and local law enforcement agencies in conducting open source intelligence collection?

State and local law enforcement agencies face challenges such as resource constraints, varying laws and regulations in different jurisdictions, and the need to understand and comply with privacy laws and civil liberties.

How does the cost of technical tools impact open source intelligence collection at the state and local level?

The cost of technical tools can be a significant factor for state and local law enforcement agencies, as they must weigh the benefits of these tools against their budget constraints. This can affect the extent and quality of open source intelligence collection.

What is the impact of disinformation on open source intelligence analysis?

Disinformation can significantly impact open source intelligence analysis by introducing false or misleading information into the public domain. Analysts must be discerning and verify the authenticity of information, especially in situations like the Russia-Ukraine conflict where disinformation is prevalent.

How does the concept of 'finding a needle in a stack of needles' relate to open source intelligence?

The phrase 'finding a needle in a stack of needles' refers to the challenge of identifying relevant and accurate information within the vast amount of data available in the open source environment. It emphasizes the need for skilled analysts to sift through and verify the authenticity of information.

How can businesses benefit from open source intelligence?

Businesses can benefit from open source intelligence by gaining insights into geopolitical environments, understanding labor issues, and making informed decisions about investments and operations based on publicly available information.

What advice does Richard Denholm have for those working with open source intelligence?

Richard Denholm advises understanding the vast amount of open source intelligence available, finding the right analysts, and being aware of the laws in one's jurisdiction. He also encourages not to be too constrained and to navigate the environment with the help of experts if needed.

Outlines

00:00

🔎 Open Source Intelligence in Law Enforcement

The podcast 'Needlestack' introduces Richard Denholm, a law enforcement legal expert with nearly three decades of experience, who discusses the role of open source intelligence (OSINT) in law enforcement and its impact on civil liberties and privacy laws. Denholm, who has served as a director with A1C Partners and is an adjunct faculty member at George Mason University, emphasizes the importance of good analysts and expertise in conducting OSINT. He shares his background, including his time with the FBI, where he worked on high-level public corruption investigations and eventually became the deputy director of the OCIDAF Fusion Center, a significant federal law enforcement intelligence-sharing platform. Denholm also mentions his recent publication, 'An Intelligence Studies Anthology: Foundational Concepts and Case Studies for the 21st Century,' which provides foundational knowledge for the field of intelligence studies.

05:01

🏛️ Privacy and Civil Liberties in OSINT

Richard Denholm explains that information shared publicly is accessible by anyone, including law enforcement, and that individuals have a responsibility to protect their private information. He highlights the careful approach government officials take with such information to avoid abuse. Denholm also discusses the differences in OSINT practices between federal, state, and local law enforcement, noting that while the Fourth Amendment applies equally, there are variations in laws and jurisdictional restrictions that can impact the collection and use of OSINT. He emphasizes the importance of understanding local laws and working with legal advisors to ensure compliance with constitutional rights and privacy laws.

10:02

🌐 Geopolitical Impact on OSINT

Denholm discusses the challenges of OSINT in the context of current world events, such as the Russia-Ukraine conflict, where disinformation is prevalent. He stresses the importance of discernment in OSINT analysis, as the volume of information, including fake news and disinformation, can be overwhelming. Denholm points out the need for analysts to be well-versed in their technical tools and to verify information through metadata. He also reflects on historical examples of disinformation, like the 'Ghost Army' during World War II, to illustrate the evolution and sophistication of information warfare.

15:04

🏢 OSINT in the Private Sector

The conversation turns to the application of OSINT in the private sector, where privacy laws and corporate regulations must be considered. Denholm suggests that businesses can benefit from OSINT to inform strategic decisions, such as site selection for new plants, by understanding geopolitical environments and other relevant factors. He also addresses the differences in rules and regulations between the private and government sectors, noting the importance of adhering to jurisdictional laws and protecting customer information. Denholm advises businesses to be aware of privacy laws, such as those in California, and to consider the potential impact on customer relations and the bottom line if privacy is violated.

Keywords

💡Open Source Intelligence (OSINT)

Open Source Intelligence (OSINT) refers to information that is gathered from publicly available sources. In the context of the video, OSINT is a critical tool for law enforcement and businesses to gather information without violating privacy laws. The script mentions that OSINT is not limited to social media but includes a myriad of sources, emphasizing its broad applicability.

💡Publicly Available Information

Publicly available information encompasses any data that is accessible to the general public without the need for special permissions or clearances. The video discusses how this type of information is fair game for law enforcement and businesses, as long as it is used within the bounds of the law and respects privacy rights.

💡Law Enforcement

Law enforcement refers to the activity of enforcing the law, typically by government agencies. In the script, the role of OSINT in law enforcement is highlighted, particularly in relation to civil liberties and privacy laws. The discussion underscores the importance of using OSINT responsibly and in compliance with the law.

💡Civil Liberties

Civil liberties are the personal freedoms and rights that individuals have, which government powers must not infringe upon. The video script discusses how law enforcement's use of OSINT must be balanced with respect for civil liberties, ensuring that investigations do not overstep constitutional boundaries.

💡Privacy Laws

Privacy laws are legal frameworks that protect individuals' privacy rights. The script highlights the importance of understanding and adhering to privacy laws when conducting OSINT, whether in law enforcement or the private sector. These laws dictate what information can be collected and how it can be used.

💡Fusion Center

A fusion center is an intelligence center where information is shared between different government agencies. The script mentions the OCIDAF fusion center, emphasizing its role in law enforcement intelligence sharing and the significant amount of open source intelligence work conducted there.

💡Disinformation

Disinformation is deliberately false or misleading information spread with the intent to deceive. The video script discusses the prevalence of disinformation, particularly in the context of world events like the Russia-Ukraine conflict, and the challenges it poses for OSINT analysts who must verify the authenticity of information.

💡Metadata

Metadata is data that provides information about other data, such as the creation date or source of a file. The script mentions the importance of metadata in verifying the authenticity of information found in OSINT, as it can provide clues about the origin and age of a piece of content.

💡Geopolitical Environment

The geopolitical environment refers to the political and economic factors that influence international relations. In the script, the geopolitical environment is mentioned as a critical factor for businesses to consider when making decisions, such as where to build a new plant, using OSINT to inform these decisions.

💡Corporate Law

Corporate law deals with the legal aspects of businesses and corporations. The video script touches on the importance of corporate law in the context of businesses using OSINT, particularly in relation to privacy laws and the collection and use of data.

Highlights

Publicly available information extends beyond social media platforms like Twitter, Instagram, and Facebook.

The importance of having skilled analysts and expertise in conducting open source intelligence research.

Introduction of Richard Denholm, a law enforcement legal expert with nearly three decades of experience.

Denholm's role as a director at A1C Partners and his work in providing open source analysts to the government.

The significance of understanding privacy and civil liberties in the context of open source intelligence.

The role of the Fourth Amendment in protecting individuals' rights from government surveillance.

The impact of jurisdiction-specific laws on open source intelligence collection.

The necessity for law enforcement to be compliant with constitutional laws while enforcing them.

The challenges of resource constraints in open source intelligence collection at the state and local level.

The prevalence of disinformation and the need for discernment in open source intelligence analysis.

The importance of metadata in verifying the authenticity of information in open source intelligence.

The historical use of disinformation by nations and its impact on modern open source intelligence practices.

The application of open source intelligence in the private sector for business decision-making.

The potential legal implications of using open source intelligence in the private sector.

The advice for businesses to understand the laws in their jurisdiction regarding open source intelligence.

Denholm's final thoughts on the importance of open source intelligence and the need for skilled analysts.

Transcripts

using intelligence today from the news

media um to social media

um to anything we would also call it

publicly available information it's not

just what you see on twitter or or

instagram or facebook there are there

are literally um millions of sources of

information that are publicly available

that don't involve just social media so

you need to have uh good analysts and

good expertise

[Music]

welcome to needlestack the podcast for

professional online researchers i'm your

host matt ashburn a cyber security

professional and ocean aficionado

and i'm jeff phillips tech industry

veteran and curious to a fault

today we have a special guest who's here

to talk about the role of osun in law

enforcement

specifically in regards to civil

liberties and privacy laws richard

denholm welcome to the show

thank you very much happy to be here

awesome well let me give a little

background here on richard uh before we

jump in

richard is a law enforcement legal

expert with nearly three decades of

experience as a us government official

now he currently serves as a director

with a1c partners

but he's also an adjunct faculty member

at george mason university's department

of criminology law and society

and interestingly enough

you've recently published a textbook on

intelligence studies richard what's the

title of that

yes i have it's called an intelligent

studies anthology foundational concepts

and case studies

for the 21st century published by

cognella

that's super interesting people can

check that out um

richard

we've told people that this this episode

is going to be about oceant uh within a

law enforcement context and and a lot of

your background stems from your time

with um with the fbi can you can you

tell us a little bit about uh your

different experiences there

absolutely yeah i started uh with the

fbi back in 1995

i was hired as a special agent then and

i began my career in washington field

office

working

high-level public corruption

investigations

and eventually uh moved out to ohio uh

went to youngstown where i landed in all

types of fbi investigations

but a lot of corruption work and we

eventually uh investigated the u.s

congressman from that congressional

district and we

got him convicted he went to prison and

he was expelled from congress he

actually was only the second u.s

congressman since the civil war

be expelled

i continued my career at the fbi working

mostly corruption between uh ohio and dc

uh and then i eventually the last five

years of my career at the fbi i was the

deputy director of the ocidaf fusion

center

which is one of the largest federal law

enforcement intelligence

sharing platforms of the government and

we did a lot of open source uh

intelligence work at that center

and and then i know currently uh you

serve as a director at a1c partners

what's your focus in that role

well a1c partners provides open source

analysts to the government

we work with different agencies to help

them

close the gaps from their

government information that they have

our analysts are experts in conducting

open source research writing reports

disseminating those reports and working

with government officials

my role since i retired from the fbi uh

about four years ago has been working as

a director with a1c partners i also am

an attorney

and i blend that experience between the

law and my law enforcement special agent

background

and i provide

legal privacy and policy advice

to the analysts and to the government

officials that we work with because

there are

a lot of different hurdles

as we work in this environment

you know one of the things that's very

important obviously is that law

enforcement not only enforces the law

but they're also compliant uh with the

laws that are out there in the

constitution so

could you cover some of the top things

that folks may not know

with regards to oceans and how privacy

and civil liberties can be affected by

that

absolutely i mean one of the main things

to keep in mind first of all is that

information that people freely and fully

put out in the public domain

is accessible

by anyone if you want your friends

neighbors

co-workers to know information about you

or about things you've done and you put

it out there publicly and you do not

protect the privacy of that information

that's fair game for everybody including

the government including law enforcement

so there's an obligation under the law

that if you want to keep something

private you have to work to make it

private so obviously if you're fully

freely putting information out there

you're not protecting that privacy

and therefore anybody could take a look

at it use it as required

but even with that government officials

all that i know all that i've worked

with are careful with that of

information and careful not to abuse

uh that as well

interesting and you mentioned that a lot

of your experiences with the federal

government

are there any differences in ocean and

the collection of oceans between the

federal space and the state and local

law enforcement agencies

for the for the most part in general no

because the fourth amendment of the u.s

constitution applies equally between

federal state and local government so

you have to be careful not to

violate individuals rights under the

fourth amendment also they have rights

under the first amendment obviously

as their free speech rights as well

right so government at any level cannot

interfere with that however it's very

important to know that there are

different laws

uh at each level and in each

jurisdiction that could impact

uh research uh for open source um and it

applies to developing any type of

intelligence in law enforcement in the

government you need to understand the

laws in the jurisdictions that you're

working in so you may work in a

state

or a city that has particularly

restrictive

limits on what law enforcement can do

with open source intelligence or any

other intelligence or you may work in

one that that

gives law enforcement much more free

reign to collect it so the key to know

is understand the law in your

jurisdiction and usually you can work in

my case when i was with the fbi

we would work with the u.s attorney's

office

we worked with a assistant u.s attorneys

every day

they knew the law they could advise us

another mechanism in the fbi is we had

what were called chief division counsels

usually special agent slash lawyers as

well

who work to advise

agents on the law

and also i would note that even as a

federal agent you have to pay attention

to the law in your state that you're

working in obviously the

the u.s court system has different

circuits

uh which are the appellate level and

those circuits could have different

rulings on how intelligence is collected

and used especially as it goes to open

source intelligence you know and i

remember during the pre-show chat that

we were doing we were talking a lot

about some of the challenges and one of

those being resources and constraints

especially at the state local level can

you talk a bit about how resource

constraints can affect

open source collection within law

enforcement and some of the

considerations there

well absolutely one of the key thing

i've noticed recently too is it seems

that there are many many people who say

that they're experts in uh open source

intelligence

and the collection of it um i i think

there's a lot of people who who dabble

in it and sort of understand it

um you know our practitioners and a1c

partners um work a lot in it and have

much more expertise because there are

particular tools that are more useful

than others that can be used um in this

open source uh intelligence realm

um there's some freeware out there that

some people are really good at using at

what i've seen is the technical tools

created and run by

all kinds of different companies

nowadays are often much

much better at helping to collect

information and they're often very

expensive so depending on the

jurisdiction you're in that cost always

plays a factor and you have to weigh

what tools you can purchase

what your budget is etc

that's that's super interesting richard

um

you know

we'd be remiss if if i if i'd if we

didn't bring up uh you know there's a

lot going on right now uh unfortunately

with russia and ukraine um

can you give us some of your thoughts on

world events and and how that's

impacting ocean practices

absolutely well and when i teach my

course at george mason as well i tell my

intelligence students that the problem

nowadays is not too little information

it's too much information

so especially when you look in the open

source environment

there is just so much information out

there

the former director of the fbi once

called it looking for needles and stacks

of needles and i think that's a very

good uh description of what you have to

do because everything often looks alike

then the big problem too nowadays

especially if you look at the russia and

ukraine situation

uh the russians are masters of

disinformation

and they put a lot of fake they they

literally put fake news out there they

use it as a weapon and they have for

decades and they're very very good at it

so

especially

if you're an open source intelligence

analyst you have to be very discerning

of what you're looking at we even saw

recently in recent days widely reported

in the media

some disinformation uh from ukraine i

think i saw one situation with a ghost

jet that was flying around i saw it that

that wasn't true it was made up i saw

another

uh snip on the news about somebody

jumping out like a paratrooper jumping

out of a plane

and floating down and like he was

invading or repelling whatever he was

doing but it turned out later that that

clip was actually seven years old

so analysts have to know their technical

tools know the technology they're

working with and really dig down into

the metadata of these things to verify

and if you notice even in recent days

many of the major news networks that

that we're watching have really started

to put

uh notes and all their reports that we

have verified this this video you know

we know from metadata that it's this so

that's even developed even more in the

last few weeks and it's really

fascinating to watch right now it is you

commented uh you quoted the the former

fbi director saying that open source is

like finding a needle and a stack of

needles and that's really where even the

name of our podcast comes from needle

stack right uh that is that is a big

challenge and as you touched on you know

verifying the information and the

analysis is a big part of this when you

look at open source as an intelligence

discipline

uh it's not just going out and grabbing

a screenshot from twitter or looking at

a map or downloading a video it's that

information and data plus the subsequent

analysis that sets it apart from just uh

sort of a casual collection of of

information

absolutely and that brings to mind for

me as you say that uh is also my part of

my course at george mason i teach a lot

about the ghost army during world war ii

and you know every country every

military uses what it's good at well

what was the united states good at

uh from the 20s to the late you know 20s

to now i would say but we had hollywood

we had actors we knew how to build stage

sets and as part of a strategy in world

war ii they created a fake army that

looked like tanks and and guns and

they were just air balloons but at that

time the the germans and the japanese

were not very good at discerning

uh what was fake what was real so it

looked to them from their very

rudimentary ability that there were

different armies in different places

they really weren't there so those

techniques are still used today i mean i

think that's a very basic

early way of understanding what we're

talking about and just imagine now how

far we've come 70 years late over 70

years later and how sophisticated it is

and that's why we're seeing

uh

you know all these different platforms

and hackers and everything else getting

really really good at creating uh

disinformation

and fake reports and fake media

because now it seems like a lot of the

battlefield

um is not only being waged in cyberspace

as far as hacking but it's it's

information warfare

uh at a whole new level you know you

asked what we were good at in the 20s

and 30s and actually the first thought

that came to mind was uh bootlegging

during prohibition so that probably

wasn't the answer you were looking for

so i'm glad that you clarified that with

the hollywood with the hollywood

reference

absolutely

richard um

an equal amount of our listeners are um

also in the or in the private sector um

can you talk a little bit about ocean as

it applies you know to to commercial

enterprises uh as well as we've been

talking about on the government side

absolutely so uh clearly on the private

side there are

privacy laws that apply

and anybody in corporate uh business

analysis

needs to be aware of the ramifications

still of the constitution and laws in

their jurisdiction

but

business intelligence

can and does really benefit in the open

source environment right you can imagine

again a very simplified way to put this

and look at it

but to really make the point

is that if i am uh the uh ceo of

coca-cola maybe uh and one of my uh

folks comes to me and says hey it'd be a

really good idea to build a new plant in

eastern ukraine what do you think about

that right and if you're not paying

attention you don't watch the news

um you know you might think hey that's a

great idea we should do that but you

could see a very basic way of saying

that is how using intelligence today

from the news media um to social media

um to anything we would also call it

publicly available information it's not

just what you see on twitter or or

instagram or facebook there are there

are literally um millions of sources of

information that are publicly available

that don't involve just social media so

you need to have uh good analysts and

good expertise reviewing all of that so

if i'm the ceo of a company and i want

to put a plant somewhere probably one of

the first things i'm going to do

obviously i'm going to analyze the

economic

benefits of it but what's key to those

economic benefits is understanding the

geopolitical environment where i might

be landing

what are the labor issues etc and open

source intelligence can provide

a lot of very valuable information

to help you make those decisions and

inform your decision so business

analysts are really critical nowadays as

well sorry it was a follow-up um because

does does pai um or publicly available

information do those rules are they

going to vary in the private sector

versus the government sector is that all

the same

they could and again you should

understand and when we talk about

businesses and we're always talking

about corporate law so

you know corporate law is going to be

very very important and contracts are

going to be very very important whatever

you're doing

um and then you need to be though

thinking about am i violating somebody's

rights uh california nowadays

uh instituted very strict laws to

protect its citizens uh privacy

and there's a lot of implications for

the facebooks and the twitters of the

world and that sort of thing

that they have to be very careful how

they collect data from people to again

what do they want to do they want to

advertise

but they need to be aware of in their

jurisdiction are there very strict

requirements on that

and what can they collect how can they

use it and really most importantly how

do they have to protect the information

of their customers

so not only legally but then you'd have

to think about it too from a corporate

decision-making standpoint you know if

you get found out as repeatedly

violating people's uh privacy or civil

rights whether it was true or whether

it's just perceived you could lose a lot

of customers that way right so that

would be a very bad thing and very dumb

for your bottom line um so those items

are key in the corporate uh in business

world but again um that's why they have

their own general counsel's offices who

provide advice

um to them on these issues so

well richard

really appreciate the conversation today

uh real quick any final thoughts uh for

30 seconds here uh what would you like

to leave our listeners with

um

i'd like them to understand uh how much

open source intelligence is out there

um and that

finding the right analysts to help them

either in business or law enforcement is

critical and again understanding uh the

laws in your jurisdiction how they apply

to you

but not to be not to feel too

constrained in this environment don't be

afraid of it

there are ways to navigate it and

there's a lot of folks out there like us

at a1c partners who can help that's all

great advice and really appreciate the

time today and uh thanks to those that

are out there in the audience for tuning

into the show today

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now next week we'll be back with even

more on our tour of ocean and look at

how it applies to trust and safety teams

in the technology sector we'll see you

then

[Music]

you