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A covert operation or undercover operation is a military or police operation involving a covert agent or troops acting under an assumed cover to conceal the identity of the party responsible. [1]
Under US law, the Central Intelligence Agency (CIA) must lead covert operations unless the president finds that another agency should do so and informs Congress. [2] The CIA's authority to conduct covert action comes from the National Security Act of 1947. [3] President Ronald Reagan issued Executive Order 12333 titled United States Intelligence Activities in 1984. This order defined covert action as "special activities", both political and military, that the US Government could legally deny. The CIA was also designated as the sole authority under the 1991 Intelligence Authorization Act and in Title 50 of the United States Code Section 413(e). [3] [4] The CIA must have a "Presidential Finding" issued by the President in order to conduct these activities under the Hughes-Ryan amendment to the 1991 Intelligence Authorization Act. [2] These findings are then monitored by the oversight committees in both the US Senate and House of Representatives. [5] As a result of this framework, the CIA "receives more oversight from the Congress than any other agency in the federal government", according to one author. [6] The Special Activities Division (SAD) is a division of the CIA's Directorate of Operations, responsible for Covert Action and "Special Activities". These special activities include covert political influence and paramilitary operations.
According to a 2018 study by University of Chicago political scientist Austin Carson, covert operations may have the beneficial effect of preventing escalation of disputes into full-blown wars. [7] He argues that keeping military operations secret can limit escalation dynamics, as well as insulate leaders from domestic pressures while simultaneously allowing them communicating their interest to the adversary in keeping a war contained. [7] He finds that covert operations are frequently detected by other major powers. [7]
A 2024 study found that state denials of covert actions, even when the covert actions were obvious, could have a de-escalatory effect (compared to making the covert action public). [8]
To go "undercover" (that is, to go on an undercover operation) is to avoid detection by the object of one's observation, and especially to disguise one's own identity (or use an assumed identity) for the purposes of gaining the trust of an individual or organization in order to learn or confirm confidential information, or to gain the trust of targeted individuals to gather information or evidence. Undercover operations are traditionally employed by law enforcement agencies and private investigators; those in such roles are commonly referred to as undercover agents.
A black operation or "black ops" is a covert or clandestine operation by a government agency, a military unit or a paramilitary organization in which the operation itself is at least partially hidden from the organization or government's own scrutiny. [9] For example, in the United States, some activities by military and intelligence agencies are funded by a classified "black budget", of which the details, and sometimes even the total, are hidden from the public and from most congressional oversight. [10] [11]
A single such activity may be called a black bag operation; [9] that term is primarily used for surreptitious entries into structures to obtain information for human intelligence operations. [12] Such operations have been carried out by the FBI, [13] CIA, [14] NSA, KGB, Stasi, Mossad, MI6, MI5, ASIS, COMANF, DGSE, AISE, CNI, MSS, VAJA, R&AW, UDU, SVR, FSB, GRU, ISI, BND, BIN and the intelligence services of other states. [12]
Law enforcement has carried out undercover work in a variety of ways throughout the course of history, but Eugène François Vidocq (1775–1857) developed the first organized (though informal) undercover program in France in the early 19th century, from the late First Empire through most of the Bourbon Restoration period of 1814 to 1830. At the end of 1811 Vidocq set up an informal plainclothes unit, the Brigade de la Sûreté ("Security Brigade"), which was later converted to a security police unit under the Prefecture of Police. The Sûreté initially had eight, then twelve, and, in 1823, twenty employees. One year later, it expanded again, to 28 secret agents. In addition, there were eight people who worked secretly for the Sûreté, but instead of a salary, they received licences for gambling halls. A major portion of Vidocq's subordinates comprised ex-criminals like himself. [15]
Vidocq personally trained his agents, for example, in selecting the correct disguise based on the kind of job. He himself went out hunting for criminals too. His memoirs are full of stories about how he outsmarted crooks by pretending to be a beggar or an old cuckold. At one point, he even simulated his own death. [16]
In England, the first modern police force was established in 1829 by Sir Robert Peel as the Metropolitan Police of London. From the start, the force occasionally employed plainclothes undercover detectives, but there was much public anxiety that its powers were being used for the purpose of political repression. In part due to these concerns, the 1845 official Police Orders required all undercover operations to be specifically authorized by the superintendent. It was only in 1869 that Police commissioner Edmund Henderson established a formal plainclothes detective division. [17]
The first Special Branch of police was the Special Irish Branch, formed as a section of the Criminal Investigation Department of the MPS in London in 1883, initially to combat the bombing campaign that the Irish Republican Brotherhood had begun a few years earlier. This pioneering branch became the first to receive training in counter-terrorism techniques.
Its name was changed to Special Branch as it had its remit gradually expanded to incorporate a general role in counter terrorism, combating foreign subversion and infiltrating organized crime. Law enforcement agencies elsewhere established similar Branches. [18]
In the United States, a similar route was taken when the New York City Police Department under police commissioner William McAdoo established the Italian Squad in 1906 to combat rampant crime and intimidation in the poor Italian neighborhoods. [19] [ self-published source ] Various federal agencies began their own undercover programs shortly afterwards – Charles Joseph Bonaparte founded the Bureau of Investigation, the forerunner of the Federal Bureau of Investigation, in 1908. [20] [21]
Secret police forces in the Eastern Bloc also used undercover operatives. [22]
Undercover agents may engage in criminal activities as part of their investigation. Joh defined the term authorized criminality to describe this phenomenon, which she restricts primarily to undercover law enforcement officers, excluding confidential informants. [23] These criminal activities are primarily used to "provide opportunities for the suspect to engage in the target crime" and to maintain or bolster their cover identity. However, these crimes must be necessary to advance the investigation otherwise they may be prosecutable like any other crime. [24] The FBI requires that such activities must be sanctioned and necessary for the investigation; they also stipulate that agents may not instigate criminal activity (to avoid entrapment) or participate in violence except for self-defense or the defense of others. [25] Most other legislation surrounding authorized criminality is not uniform and is a patchwork of federal and state laws. [26]
There are two principal problems that can affect agents working in undercover roles. The first is the maintenance of identity and the second is the reintegration back into normal duty.
Living a double life in a new environment presents many problems. Undercover work is one of the most stressful jobs a special agent can undertake. [27] The largest cause of stress identified is the separation of an agent from friends, family and his normal environment. This simple isolation can lead to depression and anxiety. There is no data on the divorce rates of agents, but strain on relationships does occur. This can be a result of a need for secrecy and an inability to share work problems, and the unpredictable work schedule, personality and lifestyle changes and the length of separation can all result in problems for relationships. [28]
Stress can also result from an apparent lack of direction of the investigation or not knowing when it will end. The amount of elaborate planning, risk, and expenditure can pressure an agent to succeed, which can cause considerable stress. [29] The stress that an undercover agent faces is considerably different from his counterparts on regular duties, whose main source of stress is the administration and the bureaucracy. [30] As the undercover agents are removed from the bureaucracy, it may result in another problem. The lack of the usual controls of a uniform, badge, constant supervision, a fixed place of work, or (often) a set assignment could, combined with their continual contact with the organized crime, increase the likelihood for corruption. [29]
This stress may be instrumental in the development of drug or alcohol abuse in some agents. They are more prone to the development of an addiction as they suffer greater stress than other police, they are isolated, and drugs are often very accessible. [29] Police, in general, have very high alcoholism rates compared to most occupational groups, and stress is cited as a likely factor. [29] The environment that agents work in often involves a very liberal exposure to the consumption of alcohol, [31] which in conjunction with the stress and isolation could result in alcoholism.
There can be some guilt associated with going undercover due to betraying those who have come to trust the officer. This can cause anxiety or even, in very rare cases, sympathy with those being targeted. This is especially true with the infiltration of political groups, as often the agent will share similar characteristics with those they are infiltrating like class, age, ethnicity or religion. This could even result in the conversion of some agents. [28]
The lifestyle led by undercover agents is very different compared to other areas in law enforcement, and it can be quite difficult to reintegrate back into normal duties. Agents work their own hours, they are removed from direct supervisory monitoring, and they can ignore the dress and etiquette rules. [32] So resettling back into the normal police role requires the shedding of old habits, language and dress. After working such free lifestyles, agents may have discipline problems or exhibit neurotic responses. They may feel uncomfortable, and take a cynical, suspicious or even paranoid world view and feel continually on guard. [29] Other risks include capture, death and torture.
Undercover agents should not be confused with law enforcement officers who wear plainclothes—that is, to wear civilian clothing, instead of wearing a uniform, to avoid detection or identification as a law enforcement officer. However, plainclothes police officers typically carry normal police equipment and normal identification. Police detectives are assigned to wear plainclothes by not wearing the uniform typically worn by their peers. Police officers in plainclothes must identify themselves when using their police powers; however, they are not always required to identify themselves on demand and may lie about their status as a police officer in some situations (see sting operation).
Sometimes, police might drive an unmarked vehicle or a vehicle which looks like a taxi. [33]
| Further information | Country | Approximate time period | Details |
|---|---|---|---|
| ATF fictional sting operations | USA | 2011 – 2014 | Government agents enticed targeted victims and incited them to commit crimes of a type and scale calculated to procure specific sentences, for which they would then be prosecuted and jailed, typically for around 15 years. |
| UK undercover policing relationships scandal | UK | ? – 2010 | Undercover officers infiltrating protest groups, deceived protesters into long-term relationships and in some cases, fathered children with them on false pretences, only to vanish later without explanation. Units disbanded and unreserved apology given as part of settlement, noting that the women had been deceived. Legal action continues as of 2016, and a public inquiry examining officer conduct, the Undercover Policing Inquiry, is underway. |
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence). A person who commits espionage is called an espionage agent or spy. Any individual or spy ring, in the service of a government, company, criminal organization, or independent operation, can commit espionage. The practice is clandestine, as it is by definition unwelcome. In some circumstances, it may be a legal tool of law enforcement and in others, it may be illegal and punishable by law.
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. An agency of the United States Department of Justice, the FBI is a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counterterrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes.
A private investigator, a private detective, or inquiry agent is a person who can be hired by individuals or groups to undertake investigatory law services. Private investigators often work for attorneys in civil and criminal cases.
In law enforcement, a sting operation is a deceptive operation designed to catch a person attempting to commit a crime. A typical sting will have an undercover law enforcement officer, detective, or co-operative member of the public play a role as criminal partner or potential victim and go along with a suspect's actions to gather evidence of the suspect's wrongdoing. Mass media journalists occasionally resort to sting operations to record video and broadcast to expose criminal activity.
A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads them to arrest criminals and enable them to be convicted in court. A detective may work for the police or privately.
Counterintelligence (counter-intelligence) or counterespionage (counter-espionage) is any activity aimed at protecting an agency's intelligence program from an opposition's intelligence service. It includes gathering information and conducting activities to prevent espionage, sabotage, assassinations or other intelligence activities conducted by, for, or on behalf of foreign powers, organizations or persons.
An intelligence officer is a person employed by an organization to collect, compile or analyze information which is of use to that organization. The word of officer is a working title, not a rank, used in the same way a "police officer" can also be a sergeant, or in the military, in which non-commissioned personnel may serve as intelligence officers.
The United States Naval Criminal Investigative Service (NCIS) is the primary investigative law enforcement agency of the U.S. Department of the Navy. Its primary function is to investigate major criminal activities involving the Navy and Marine Corps. However, its broad mandate includes national security, counterintelligence, counterterrorism, cyberwarfare, and the protection of U.S. naval assets worldwide. NCIS is the successor organization to the former Naval Investigative Service (NIS), which was established by the Office of Naval Intelligence after the Second World War. One-half of NCIS personnel are civilian, with the other half being US government investigators — 1811 series special agents. NCIS agents are armed federal law enforcement investigators, who frequently coordinate with other U.S. government agencies and have a presence in more than 41 countries and on U.S. Navy vessels. NCIS special agents are supported by analysts and other experts skilled in disciplines such as forensics, surveillance, surveillance countermeasures, computer investigations, physical security, and polygraph examinations.
Law enforcement in France is centralized at the national level. Recently, legislation has allowed local governments to hire their own police officers which are called the police municipale.
An informant is a person who provides privileged information, or information intended to be intimate, concealed, or secret, about a person or organization to an agency, often a government or law enforcement agency. The term is usually used within the law-enforcement world, where informants are officially known as confidential human sources (CHS), or criminal informants (CI). It can also refer pejoratively to someone who supplies information without the consent of the involved parties. The term is commonly used in politics, industry, entertainment, and academia.
The counter-terrorism page primarily deals with special police or military organizations that carry out arrest or direct combat with terrorists. This page deals with the other aspects of counter-terrorism:
Covert policing in the United Kingdom is employed to enable an officer of the British police to gather intelligence from and about suspects without alerting them that they are under observation.
The Florida Department of Law Enforcement (FDLE) is a state-wide investigative law enforcement agency within the state of Florida. The department formally coordinates eight boards, councils, and commissions. FDLE's duties, responsibilities, and procedures are mandated through Chapter 943, Florida Statutes, and Chapter 11, Florida Administrative Code. FDLE is headed by a commissioner who reports to the Florida Cabinet, which is composed of the governor, the attorney general, the chief financial officer, and the commissioner of agriculture. The commissioner is appointed to his position by the governor and cabinet and confirmed by the Florida Senate.
The Central Intelligence Agency (CIA) is a United States intelligence agency that "provides objective intelligence on foreign countries." The CIA is also informally known as the Agency, or historically informally referred to simply as "the Company". The CIA is part of the United States Intelligence Community, is organized into numerous divisions. The divisions include directors, deputy directors, and offices. The CIA board is made up of five distinct entitles called Directorates. The CIA is overseen by the Director of Central Intelligence. Under the Director of Central Intelligence is the Deputy Director of Central Intelligence. Under this the CIA is divided into four directorates. These directorates are as follows:
The Federal Investigation Agency is a border control, criminal investigation, counter-intelligence and security agency under the control of the Interior Secretary of Pakistan, tasked with investigative jurisdiction on undertaking operations against terrorism, espionage, federal crimes, smuggling as well as infringement and other specific crimes.
The Bureau of Indian Affairs Police, Office of Justice Services, also known as BIA Police, is the law enforcement arm of the United States Bureau of Indian Affairs. The BIA's official mission is to "uphold the constitutional sovereignty of the Federally recognized Tribes and preserve peace within Indian country". It provides police, investigative, corrections, technical assistance, and court services across the over 567 registered Indian tribes and reservations, especially those lacking their own police force; additionally, it oversees tribal police organizations. BIA services are provided through the Office of Justice Services Division of Law Enforcement.
The United States Marine Corps Criminal Investigation Division is a federal law enforcement agency that investigates crimes against people and property within the United States Marine Corps.
The National Surveillance Unit (NSU) is the principal clandestine intelligence gathering and surveillance operations unit of the Garda Síochána, the national police force of Ireland. The unit operates under the Crime & Security Branch (CSB), based at Garda Headquarters in the Phoenix Park, Dublin, and also works from Harcourt Street, Dublin. Members of the unit are specially trained and selected Detective Gardaí who are tasked to remain covert whilst on and off duty, tracking suspected criminals, terrorists and hostile, foreign spies operating in Ireland. The unit's detectives are routinely armed. The National Surveillance Unit is understood to possess a manpower of approximately 100 officers, and is considered to be the most secretive arm of the force.
United States Army Counterintelligence (ACI) is the component of United States Army Military Intelligence which conducts counterintelligence activities to detect, identify, assess, counter, exploit and/or neutralize adversarial, foreign intelligence services, international terrorist organizations, and insider threats to the United States Army and U.S. Department of Defense (DoD).
The Covert Human Intelligence Sources Act 2021 is an act of the Parliament of the United Kingdom. The act makes provision for the use of undercover law enforcement agents and covert sources and the committing of crimes in the undertaking of their duty. It was also referred to as the "Spy Cops Bill" – a reference to the UK undercover policing relationships scandal.
For most of the Soviet period, the undercover work of the secret police was directed at [...] potential enemies of the state. Particularly in the Stalinist period, a vast network of informers existed throughout the country [...]. Although approximately one out of ten individuals were acknowledged informers, most of the population was compromised in some way through their cooperation with the secret police.
{{cite web}}: CS1 maint: numeric names: authors list (link){{cite book}}: CS1 maint: numeric names: authors list (link) Documentary about Mark Kennedy (policeman).