Illegal Video Games or Illegal Immigrants?

Which is a greater threat to America’s national security, pirated video games or criminal illegal aliens? While the answer to that question may seem obvious, apparently the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) has funding for spending its time and resources to conduct raids and seize illegally modified Wii and PlayStation video game console chips but insufficient funds to dedicate its full resources to the highest priority job that Americans expect of it: locating and deporting criminal illegal aliens. When it comes to prioritizing between video game piracy or illegal immigration investigations, ICE must face the decision, paraphrasing Shakespeare, to Wii or not to Wii.

In fairness to ICE, many federal law enforcement agencies are mandated to enforce multiple federal criminal statutes, some of which have conflicting priorities that often force those agencies to choose investigations based on dollar-loss amounts, likelihood of prosecution by U.S. Attorneys, and positive media attention that generates increased budgets from a media-influenced Congress. Enforcement of immigration statutes and subsequent deportations, as important as they are to national security, do not meet these criteria. As a result, ICE is vilified in the media for tearing apart families, “unfairly” targeting day laborers, or ruining American businesses by disrupting their workforces when it actually enforces existing illegal immigration statutes.

The uproar over ICE enforcement of immigration statutes tends to remind ICE officials that it has multiple missions to perform, and not surprisingly those officials logically conclude that the best way to garner positive media coverage and subsequent Congressional gratitude is to actively enforce other criminal statutes that are less controversial than illegal immigration. One such statute involves the smuggling and distribution of illegal devices that allow pirated video games to play on video game consoles.

This crime may not have any impact on national security, but it does cost businesses like Sony and Nintendo approximately $3 billion in video game sales annually. Of course Sony and Nintendo have effective lobbyists who bring these losses to Congress’ attention, and when ICE conducts raids and executes search warrants to curb this $3 billion per year loss, the media praises it, congress basks in the positive coverage given to its well-spent law enforcement funding, and ICE’s decision to actively enforce non-controversial crimes unrelated to national security is reinforced.

After raids and search warrants were conducted yesterday on 32 businesses and homes in 16 states, the Assistant Secretary of Homeland Security for ICE made the following statement:

Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections. These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering.

The same is true of illegal immigration, which costs taxpayers billions of dollars annually and involves smuggling, human exploitation, money laundering, and a host of other criminal activities. Yet ICE officials recently made it clear to Virginia’s state legislature that it cannot scrape together sufficient funds to train and work with state and local law enforcement officers in Virginia’s jails to deport criminal illegal aliens already in custody. That is worth repeating. Virginia was merely asking ICE to train its deputies to deport illegal alien criminals already in custody and sitting in the state’s jails. Virginia had previously enacted a law allowing its law enforcement agencies that staff state jails to attend official ICE training programs designed to help local agencies check the immigration status of prisoners and begin the deportation status on behalf of ICE. However, earlier this week ICE officials informed Virginia’s legislature that it simply did not have adequate funding to extend the immigration enforcement training to agencies throughout the state. ICE has received similar requests from many law enforcement agencies throughout the nation and its budget to provide the training that would help locals enforce existing illegal immigration laws cannot keep pace with the current demand. Meanwhile, ICE continues to use a portion of its funds to investigate video game piracy.

Virginia’s response was predictable and poignant:

Delegate Robert G. Marshall, Prince William Republican, declined to say whether he would support using state funds for immigration enforcement, but said the federal government should pay to enforce its own laws.

"If we're doing the job of the federal government, they should be humiliated that they wouldn't offer to pay for all of this," said Mr. Marshall, who sits on a separate commission studying the effects of illegal aliens on the state. "I'm not going to start putting the state's cards on the table until the federal government is going to openly say, 'We don't have the interest. The state of Virginia can [forget] their efforts to enforce immigration law.' "

There are an estimated 12 million to 20 million illegal aliens in the United States. More than 250,000 of them lived in Virginia in 2005, according to the Pew Hispanic Center.

Virginia’s counties have been so impacted by illegal immigration that two, Loudoun and Prince William counties, recently voted to deny county services to illegal immigrants, a move that was widely applauded by residents who already pay some of the highest taxes in the nation.

The question this budget shortfall for ICE training for local agencies raises is an important one: in a War on Terror, should Homeland Security agencies like ICE continue dividing their manpower, equipment, energy, and budget resources between financial crimes like video game piracy and national security responsibilities like illegal immigration? Like many other agencies, ICE has conducted many successful high-profile criminal investigations of smuggling, counterfeit merchandise, and child pornography materials, among others. They are good at what they do. However, as the recent national uproar over the “comprehensive immigration reform bill” demonstrated, Americans do not want amnesty or new laws; what they want is enforcement of existing illegal immigration laws, and the issue is considered to be directly related to national security. In war, priorities are paramount.

While it is unfortunate that Sony and Nintendo lose money annually due to video game piracy, there are many agencies in departments other than Homeland Security that could enforce piracy and intellectual property statutes. It would make sense if the agencies grouped into the behemoth Department of Homeland Security actually performed duties that directly protect some aspect of the homeland. Agencies that do not perform national security functions should be relocated to other departments, so that the remaining agencies would all reflect what the Department of Homeland Security’s name implies. ICE clearly belongs in Homeland Security, but some of its investigative case load includes enforcement of statutes that are completely devoid of any national security nexus.

If ICE could dedicate its funds, manpower, and other resources exclusively to criminal investigations related to national security rather than to a year-long investigation of video game piracy, it would find funds to help Virginia’s jails start criminal illegal aliens on the path to deportation. ICE did good work in its raids and seizures of 61,000 illegal game console chips, but there is more important work to be done to secure the homeland and our resources must be dedicated to priorities that improve national security. Illegal immigration is such a priority; illegal video games are not.

Americans care far less that their neighbor’s Wii or PlayStation games are legal than they do that their neighbors themselves are here legally.

Technorati Tags:
ICE, Illegal Immigration, Software Piracy, Video Games, Sony, Nintendo, Wii, PlayStation, Virginia, Loudoun County, Prince William County

Pakistan Wheels and Deals with Taliban: Pirated U.S. Missile Technology Used Against NATO Aircraft

Have you ever wondered what happened to the cruise missiles fired on orders of then-President Clinton into Afghanistan in 1998 in his less than half-hearted attempt to strike at Osama Bin Laden? According to Afghani Taliban and Al Qaeda sources interviewed by the Asia Times Online, some of those high tech missiles never detonated and were then retrieved by Pakistani military units near the Afghanistan-Pakistan border. If you have read Tom Clancy’s novel The Sum of All Fears, in which Arab terrorists (not the ridiculous Hollywood version with white supremacist villains) acquire a nuclear bomb when an Israeli Air Force fighter jet loses a nuclear bomb that does not detonate on an Arab farm, you can envision what Pakistan did with these armed and fully intact U.S. cruise missiles.

Pakistani military scientists took note of the sophisticated sensors utilized in the cruise missiles and reportedly did what China has been doing with Microsoft software and Motion Picture Association recordings for years: they made illegal copies. The copied sensors were then successfully fitted to an unknown number and variety of existing Pakistani missiles, which greatly enhanced the capabilities of Pakistani offensive and defensive weaponry.

The Taliban, meanwhile, had long sought more sophisticated weapons to utilize against U.S. and NATO forces in Afghanistan after 2001 in their efforts to return to power and oust President Karzai. According to the Asia Times Taliban sources, the Taliban acquired older Soviet model SAM-7s (Surface to Air Missile) in 2005, and received immediate training from Al Qaeda operatives. However, those ancient anti-aircraft missiles were largely ineffective against high tech coalition fighter jets and bombers because they lacked an important technological capability: heat-signature tracking and exhaust decoy sensors. The Taliban needed to seek help with resolving this sensor disadvantage and they turned to their natural ally and protector, Pakistan, the alleged American ally in the War on Terror, and its stock of pirated U.S. cruise missile sensors. In a new deal struck between Pakistan's government and the Taliban, Pakistan has reportedly provided the Taliban with pirated sensor technology the Taliban is using to upgrade its arsenal of SAM-7s.

As Syed Saleem Shahzad, Asia Times Online's Pakistan Bureau Chief, noted: the introduction of SAM-7s equipped with the copied sensors ironically could alter the dynamics of the NATO battle with the Taliban. This shift could give the Taliban important advantages in much the same fashion as the Afghani resistance forces benefited from the U.S. gift of Stinger missiles in their historic fight against Soviet occupation. American and NATO planes would be under constant threat from American sensor equipped SAMs. For a stunning series of photos of a next-generation SAM-7 (SAM-14) terrorist attack on a DHL courier jet in Iraq, click here. These photos and the accompanying account of the attack on an Airbus 300, illustrate that terrorists in Iraq, equipped by Iran (and by some accounts, Pakistan), are in possession of even more sophisticated SAMs than the Taliban’s modified version.

Shahzad reported that the Pakistani government (he does not specify at what level) has formed an alliance with the Taliban:

Using Pakistani territory and with Islamabad's support, the Taliban will be able safely to move men, weapons and supplies into southwestern Afghanistan. The deal. . . will serve Pakistan's interests in re- establishing a strong foothold in Afghanistan (the government in Kabul leans much more toward India). . . . Despite their most successful spring offensive last year since being ousted in 2001, the Taliban realize they need the assistance of a state actor if they are to achieve "total victory".

Taliban commanders planning this year's spring uprising acknowledged that as an independent organization or militia, they could not fight a sustained battle against state resources. They believed they could mobilize the masses, but this would likely bring a rain of death from the skies and the massacre of Taliban sympathizers. Their answer was to find their own state resources, and inevitably they looked toward their former patron, Pakistan.

Interestingly, also reported today was the announcement by Director of National Intelligence Mike McConnell that the CIA has “compelling” evidence that Bin Laden and his second in command Ayman al Zawahri are currently in Pakistan and are reestablishing al Qaeda training camps in the provinces bordering Afghanistan. While Pakistan makes mostly symbolic occasional arrests in the War on Terror to placate America and retain enormous amounts of financial aid, it is simultaneously forming logistical alliances with and providing pirated weapons technology to our Taliban enemy. While playing this duplicitous game of “(Evil) Axis and (Naïve) Allies,” Pakistan may also be providing Bin Laden and Al-Qaeda’s senior leadership safe haven within Pakistan’s borders with the tacit approval of the Islamabad government. These factors should make more clear the reasons why Vice President Cheney and Stephen Kappes, CIA Deputy Director, made separate visits this week to Islamabad to confront President General Musharraf, presumably with a diplomatic pouch full of satellite imagery and ultimatums.

Spy the News! has previously documented Pakistan’s growing threat to the region, its minimal efforts to capture and extradite Taliban and Al Qaeda operatives, and its fear of radical Islam within its population. Pakistan’s pirating of U.S. missiles to improve its own defense capabilities occurred pre-9/11 and, while patently dishonest, should have been a predictable response to the recovery of abandoned multi-million dollar missiles that, like their mission itself, failed spectacularly. However, Pakistan’s provision of this missile technology to the Taliban in its fight against the Karzai government and American and NATO forces is inexcusable for an alleged post 9/11 ally.

The Bush administration, beyond the personal visits and verbal warnings of the Vice President and CIA Deputy Director, must send a clear message to Pakistan that not $1 in U.S. financial aid (Pakistan is the second leading recipient of U.S. financial aid) will be given to Pakistan until Pakistan, with NATO assistance if requested, destroys every Taliban and Al Qaeda camp within Pakistan’s borders, including all mobile anti-aircraft batteries infesting the mountains between Afghanistan and Pakistan. Pakistan pirated the sensors for those SAMs and must now atone for the traitorous act of supplying them to terrorists engaged in conflict with the U.S. and NATO.

Pakistan currently meets most of the criteria set forth by President Bush to justify the invasion of Iraq: Offering safe haven to terrorists; documented proliferation of nuclear weapons technology or materials; arming and funding known terrorist organizations (state sponsor of terror), including the new cooperative agreement described in this post and in the Asia Time Online. Clearly, generous American financial aid has not moved Pakistan reliably into the American camp in the War on Terror. It is time to invest elsewhere until Pakistan reforms itself and swings both legs over the fence it has been straddling. President Bush received much liberal criticism for the following ultimatum in November 2001, but it should be repeated to and accountability demanded from the country that holds the key to defeating the Taliban and Al Qaeda but refuses to turn it or provide it to those who will:

A coalition partner must do more than just express sympathy, a coalition partner must perform. . . . That means different things for different nations. Some nations don't want to contribute troops and we understand that. Other nations can contribute intelligence-sharing. ... But all nations, if they want to fight terror, must do something.

Over time it's going to be important for nations to know they will be held accountable for inactivity. . . . You're either with us or against us in the fight against terror.

It is time for Pakistan to give its final answer.