A new solution for reforming U.S. domestic intelligence. Domestic intelligence in the United States today is undermanned, uncoordinated, technologically challenged, and dominated by an agency—the FBI—that is structurally unsuited to play the central role in national security intelligence. Despite its importance to national security, it is the weakest link in the U.S. intelligence system. In Remaking Domestic Intelligence, Richard A. Posner reveals all the dangerous weaknesses undermining our domestic intelligence in the United States and offers a new solution: a domestic intelligence agency modeled on the concept and basic design of the Canadian Security Intelligence Service. He details why the FBI, because its primary activity is law enforcement, is not the solution to the problem of domestic intelligence and how a new agency, lodged in the Department of Homeland Security, would have no authority to engage in law enforcement and thus avoid the deep tension between criminal investigation and national security intelligence that plagues the FBI. He also shows how a new U.S. domestic intelligence agency might offer additional advantages over our current structure even in terms of civil liberties. Richard A. Posner is a judge on the U.S. Court of Appeals for the Seventh Circuit and a senior lecturer at the University of Chicago Law School. Full-text PDF versions of each chapter can be accessed below by clicking on the desired chapter title. (PDF files require Adobe Reader. If you do not already have this software installed, click here to download it for free at the Adobe web site.) Copyright © 2005 by the Board of Trustees of the Leland Stanford Junior University. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission of the publisher.

TABLE OF CONTENTS

• Prefatory Note
• The Problem
  Introduction • The FBI’s Failures •
  The Failures Are Rooted in Structure •
  The WMD Commission’s Critique
• The “Agency within an Agency” Solution
• A Better Solution
  Coordination and Command • A New Agency •
  Siting the New Agency: The DHS Option •
  Finding a Role; Relation to Other Agencies •
  Getting Started • Civil Liberties
• Conclusion
• Appendix: Mission Statement of the Canadian Security Intelligence Service
• Index