**REMARKS FOR SECRETARY MICHAEL CHERTOFF**

**U.S. DEPARTMENT OF HOMELAND SECURITY**

**INSTITUTE OF EUROPEAN AFFAIRS**

**DUBLIN, IRELAND**

**THURSDAY, NOVEMBER 29, 2007**

**[ACKNOWLEDGEMENTS]{.underline}**

-   Alan Dukes, Chairman General, Institute of European Affairs

**[INTRODUCTION: CONVERGENCE]{.underline}**

-   Thank you for that introduction.

-   I'm honored and privileged to be addressing the Institute of
    European Affairs and all of you today. Thank you for inviting me. I
    want to commend the Institute for the outstanding job it continues
    to do in a host of vital arenas, including the critical arena of
    security.

-   And let me just say that it's great to be here in Ireland.

-   When I read some of the newspapers and other publications here, I
    feel right at home.

-   I've seen some of the same questions raised here as in the
    Washington Post or other American publications on security-related
    issues.

-   I see a debate on immigration law, replete with discussions about
    green cards and work permits, asylum and deportation, human
    trafficking and one-stop shopping and what to do about people who
    are not here legally.

-   For me, it's kind of a déjà vu experience \-- and let me just say
    that I wish you well in resolving these issues in a way that
    strengthens the security and economy of your country.

-   I bring this up to make a larger point which will actually be the
    theme of my speech.

-   My point is this: what I see here is what I've seen not only at home
    but elsewhere in my travels outside of my country.

-   Despite some obvious disagreements, I see the unmistakable outlines
    of an emerging consensus, a convergence in both thought and action
    not only on both sides of the Atlantic, but increasingly across much
    of the world.

-   Simply stated, what I see is the emergence of a common recognition
    of the terrorist threat, a common vision for an effective response
    to that threat, and a common resolve on the part of nations to take
    specific actions to protect their people from acts of terrorism.

-   Yes, of course there are differences among nations and indeed within
    nations on security matters and some of those differences are
    profound indeed.

-   But what is far more striking is the extent to which our ideas and
    approaches converge.

-   Today, I want to focus on this convergence -- and let me begin by
    talking about the threat posed by those who are sworn to do us harm.

**[THE THREAT WE FACE TODAY]{.underline}**

-   Clearly, we, our nations, and our people face a continued threat to
    our lives and our liberty by the forces and the ideology of
    terrorism.

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-   Indeed, over the past decade, Osama bin Laden and his cohorts have
    plotted numerous strikes not only against nations, but against the
    entire global system of security, safety and prosperity. 

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-   What drives these terrorists is an ideology that is every bit as
    fanatical and ruthless as that of totalitarian fascism or communism.

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-   Spread by a network of cult-like entities that span the world, this
    ideology sanctifies the slaughter of innocent people; it denies the
    dignity and the humanity of its opponents; and it includes among
    those it condemns Muslims who dare to reject its pseudo-religious
    message of intolerance and bigotry.

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-   From New York to London, from Madrid to Jerusalem, from Baghdad to
    Bali, this ideology has torn through nations, carving a bloody trail
    of death and destruction, leaving orphans and widows in its wake on
    nearly every continent.

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-   And not only do the extremists who embrace this ideology violate the
    sanctity of human life; they seek to destroy human liberty by
    intimidating free people everywhere into submission.

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-   And it is quite clear that they are not inviting a dialogue or a new
    discussion of ideas. In fact, what our enemies want is \"the
    dialogue with bullets and the ideals of assassination, bombing and
    destruction.\"  These are not my words; they are words I\'ve taken
    from an al Qaeda training manual.

**[CONVERGENCE ON PRINCIPLES]{.underline}**

-   Now this assessment of the threat we face is shared not only by most
    of us who reside in western democracies, but by people around the
    world.

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-   But what about the question of how to combat this threat we face
    from terrorism?

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-   Well, here, too, while there are dissenting voices, we are beginning
    to reach a definitive consensus.

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-   I believe that a growing number of countries are coming to agree on
    three important realizations on building a strategy to defend our
    countries and our people.

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-   First, to a growing extent, nations are starting to realize that in
    order to protect themselves, they must be willing not only to
    operate within their own borders and ports of entry, but beyond them
    as well.

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-   They must be willing to extend their security perimeters so they can
    prevent dangerous people from boarding planes in other nations that
    are bound for their own. Logically, if every nation pushed out its
    perimeters in this way, that would be a significant step forward in
    the battle for a safer world.

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-   Second, while more nations are understanding the need for a security
    presence beyond their own borders, they're also finding that it is
    impossible to defend completely at all times and places against any
    and all threats to their security.

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-   They are learning that risk elimination is an impossible goal and
    that the best alternative is a strategy that is governed by risk
    management.

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-   And let me add that the very attempt at risk elimination can end up
    harming the very things we're trying to protect.

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-   If I tried to eliminate terrorism by shutting down America's ports,
    that would destroy our commerce, which is exactly what the
    terrorists were trying to do on their own in the first place.

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-   And finally, to an increasing extent, nations are coming to realize
    that they cannot pursue the business of security alone.

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-   Make no mistake: In the battle for our safety and security, there is
    no such thing as a Lone Ranger nation. We're all in this together --
    and that means we must work closely together in a spirit of
    cooperation and partnership. And let me commend the continued close
    relationships we have with our European counterparts, as well as our
    partners throughout the world.

**[CONVERGENCE ON INFORMATION]{.underline}**

-   So in short, it bears repeating that we indeed have a growing
    consensus not only on the nature of the common threat we face, but
    on a broad strategy of stopping bad individuals from attacking the
    people and infrastructure of our respective nations.

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-   But this leads us to a question. In America alone, we welcome each
    year approximately 420 million travelers-- 88 million by air alone.

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-   How in the world do we identify the bad people we're looking for, so
    we can protect ourselves and all those travelers from the people
    among them who are clearly dangerous?

    **[Intelligent Use of Information]{.underline}**

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-   A key way is through working with our international partners to
    obtain relevant information and using it intelligently. Let me give
    you several examples of how my country has improved its information
    collection efforts.

    *[PNR]{.underline}*

-   One example concerns our screening of U.S.-bound passengers. Through
    obtaining only a few pieces of key information, we can screen
    millions of travelers each year and prevent people from coming to
    our nation to launch an attack -- or passing through our country to
    carry out an attack on another country. 

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-   Recently, this approach took a giant step forward with our agreement
    with the European Union in which the EU agreed to transfer passenger
    name record or PNR data to our department from air carriers
    operating transatlantic flights to and from our country. And
    recently, the EU has also proposed adopting the same approach for
    flights into EU member states.

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-   PNR data has already proved itself to be an effective tool for
    combating terrorism and serious transatlantic crime, allowing us to
    make critical connections between known threats and associates and
    identify patterns concerning activity. 

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-   Let me give you an example: In April 2006, at Boston's Logan
    Airport, Customs and Border Protection (CBP) officers used PNR data
    to identify two passengers whose travel patterns exhibited high-risk
    indicators. 

-   During the secondary interview process, one subject stated that he
    was traveling to the United States on business for a group that is
    suspected of having financial ties to Al Qaeda.  The examination of
    his baggage revealed images of armed men, one of which was labeled
    "Mujahadin." 

-   Both passengers were refused admission.

-   In June 2003, using PNR data and other analytics, one of our
    inspectors at Chicago's O'Hare airport pulled aside an individual
    for secondary inspection and questioning. 

-   When the secondary officers weren't satisfied with his answers, they
    took his fingerprints and denied him entry to the United States. 

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-   The next time we saw those fingerprints -- or at least parts of them
    -- they were on the steering wheel of a suicide vehicle that blew up
    and killed 132 people in Iraq.

    *[Fingerprints]{.underline}*

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-   In addition to PNR, we're also moving ahead with our transition to
    10-fingerprint program screening for certain foreign travelers at
    our ports of entry.   Currently, under US-VISIT, visitors coming to
    our country through ports of entry have their two index fingers
    scanned, and then what we do is electronically compare them against
    the fingerprints we have in databases from prior entries or their
    visa records so we can verify their identity and make sure that
    they're not known felons or terrorists.

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-   But there's a better way to detect dangerous people we have not yet
    identified, and that's through taking all 10 prints.

-   With 10 prints, we increase our capability to match against latent
    prints we're collecting from battle fields, safe houses, and
    training camps around the world -- latent prints that may come from
    more than just a terrorist's index finger.

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-   This is a quantum leap forward in security, enabling us to identify
    unknown terrorists, while creating a powerful deterrent against any
    terrorist who would want to come into our country from a battle
    field, safe house or training camp.

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-   And let me note that US-VISIT has not added to the processing time
    of individuals at ports of entry but has actually reduced the time
    it takes to process people entering the United States at some land
    ports -- thanks to the increased use of automated data collection.

    *[Secure Identification]{.underline}*

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-   Besides PNR and our 10-fingerprint initiative, a third example of
    how we will use relevant information to detect terrorist threats is
    by requiring travelers to present secure identification documents
    through our Western Hemisphere Travel Initiative or WHTI.

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-   WHI establishes documentation requirements for previously exempt
    travelers entering the United States. WHTI requirements are the
    result of key recommendations made by the 9/11 Commission which
    Congress subsequently passed into law.

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-   In January of this year, we took the first step to implement WHTI
    for air ports of entry. U.S. citizens as well as citizens from
    Canada and Bermuda must now present a passport when they fly into
    the United States from within the western hemisphere. Compliance
    rates under this rule have been above 97% since January. People got
    the message.

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-   Standardized, secure, and reliable documentation will enable us to
    quickly, reliably, and accurately identify travelers at ports of
    entry. Investigators have repeatedly stressed the security risk
    posed by the approximately 8,000 types of identification now in use.
    With this many documents, it's been difficult to assess travelers
    seeking entry without significantly slowing the time it takes to
    process them. By limiting and standardizing the kinds of documents
    presented, WHTI will deal squarely with this problem, while
    enhancing border security.

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-   Beginning on January 31 of next year, we plan on ending the practice
    of accepting oral declarations alone at our land and sea ports of
    entry. At that point, U.S. and Canadian adult citizens will present
    either a WHTI-compliant document -- such as a passport or enhanced
    driver's license -- or a government-issued photo ID and proof of
    citizenship.

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-   We expect full implementation of WHTI as early as next summer.

**[Convergence on Information Collection]{.underline}**

-   Now let me say that there is unfortunately a growing perception that
    through such programs, the United States is grabbing every available
    piece of information, acting like Big Brother, and acting alone in
    this manner on the world scene.

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-   This perception is clearly at odds with the reality that around the
    world \-- precisely in nations which share our democratic values and
    traditions, including the value of privacy \-- similar identity
    management programs are emerging.

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-   The United Kingdom has embarked on a £1.2billion, seven-year
    eBorders program to establish an integrated biometric and biographic
    border management system.

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-   Ireland recently announced its intent to deploy a similar program in
    order to ensure the security of the common travel area between the
    Emerald Isle and the UK.

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-   The Netherlands, Portugal, Germany, the UK, and Malaysia have all
    pioneered expedited entry and/or registered traveler programs to
    allow pre-approved travelers to move quickly through passport
    control.

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-   For years, Australia has managed its Electronic Travel Authorization
    program to facilitate travel while mitigating many of the risks
    associated with visa-free travel. This successful concept has earned
    a pivotal spot in the U.S. reform of its Visa Waiver System.

-   Japan recently began recording the fingerprints and photographs of
    all foreign visitors in a manner compatible with the US-VISIT
    concept.

-   Earlier this month, the EU released a proposed requirement for
    Member States that mirrors U.S. rules for collecting and utilizing
    PNR in border management processes. This proposal builds on the 2004
    Directive on the use of API which has already been successfully
    implemented by Spain.

-   All of these initiatives build on existing or emerging practices to
    prevent fraudulent asylum claims and visa applications through the
    collection of biometrics.

-   An article in the November 24^th^ issue of **[The
    Economist]{.underline}** which focused on Japan's actions put it
    best when it said, and I quote, "All countries are moving towards
    the collection of 'biometric' information."

-   Let me repeat that \-- not some countries, not many or even most
    countries -- ALL countries.

-   I don't for a moment believe this is accidental. The 9/11 Commission
    pointed out that travel documents and the ability to travel
    clandestinely are as important to terrorists as weapons. Altered and
    counterfeited travel documents are used to hide identity and
    circumvent security.

-   In fact, press reports have revealed that an Iraqi can pay a
    criminal network 3,000 euros for a fraudulent European passport or
    8,000 euros for all the arrangements necessary to get them from Iraq
    to the United States by traveling through Europe and Latin America.

-   This convergence of our ideas and approaches also creates new
    possibilities for international law enforcement cooperation to
    combat the illicit travel of terrorists and serious criminals.

-   By securing data in a secure environment, particularly biometric
    data, fraud can be greatly reduced -- and what greater privacy
    violation can there be than the identity theft that can only
    increase in the absence of strong identity management programs?

-   This has been one of the great lessons of the European experience in
    identity management -- for example, the most recent annual report on
    EURODAC (the consolidated EU database of the fingerprints of asylum
    seekers) noted that in 17% of all cases the applicant had previously
    applied for asylum in another EU Member State. Similar opportunities
    can be found in the transatlantic environment.

**[A CHALLENGE TO CONVERGENCE]{.underline}**

-   Clearly, then, we see evidence all around of convergence among
    countries when it comes to dealing with security matters relating to
    the terrorist threat.

-   Every year, American and European cooperation in combating crime and
    terrorism deepens, as evidenced by the dismantled plots in Germany,
    Denmark and the UK earlier this year.

-   Tomorrow I will meet in Germany with some of my closest
    international counterparts to discuss how we can build on our
    continued collaborations and leverage our experiences to further
    strengthen our security.

-   In light of the continued challenges posed by terrorism, including
    its ability to adapt to our security measures, we must do everything
    possible to preserve and strengthen this partnership between the
    United States and the EU -- a partnership that won the Cold War, and
    one that has been remarkably successful thus far in disrupting the
    plots of our common foes.

-   And so as Europe turns its attention towards enacting the EU Reform
    Treaty, it is my hope that as closer integration is pursued,
    transatlantic cooperation will not be hindered.

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-   Looking at this from the perspective of mutual security, I want to
    be sure that I'm covering all bases by highlighting what I see as
    potential challenges ahead. One of these challenges involves the
    pending Framework Decision on the protection of personal data in
    police and judicial cooperation.

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-   This near-final law intends to increase the level of confidence EU
    Member States have in each other when sharing law enforcement data
    among themselves.

-   Now is that an admirable goal? Of course.

-   But a major part of that Framework would impose new hurdles on
    European law enforcement when they are working with third countries
    -- including the United States. It would require them to obtain a
    legal determination that the countries' privacy protections are
    "adequate" before sharing law enforcement information.

-   Only a handful of countries have been deemed adequate by the EU
    \[Switzerland, Canada, Argentina, the Isle of Man, Guernsey, the
    Faroe Islands and Jersey\]. What this means is that transatlantic
    data transfers must be subject to detailed and painstaking
    negotiations.

-   While we have different traditions and customs, we are committed to
    the same goals -- protecting our citizens and our countries and
    ensuring the free flow of ideas, people, and goods and services.

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-   Recognizing this, last year the U.S and EU created a High Level
    Contact Group and charged it with finding a way to ensure
    information sharing can continue while protecting privacy.

-   I am hopeful that the EU participants will make it a point to
    refocus their efforts on concluding a suitable arrangement on this
    matter even as they are working out the details of the EU
    integration process. Such an arrangement can only benefit people on
    both sides of the Atlantic and ultimately throughout the world.

**[CONCLUSION]{.underline}**

-   Clearly, we've come a very long way in dealing with the terrorist
    danger that threatens us all. The threat, however, remains -- and we
    owe it to those who depend on us not to grow complacent and fail in
    our duty to protect them.

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-   I am hopeful that in the coming months and years, we -- the US, the
    EU, and our partners across the globe -- will continue to respond
    constructively and sensibly to that threat, building on our
    partnerships so we can create a brighter, better world for us and
    for generations that will follow.

-   Thank you.