Clarke’s Legacy of Miscalculation

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The man who was all over CBS’s 60 Minutes last night alleging that President Bush “ignored” terrorism before September 11, Richard Clarke, is known in the information security business for hyping the danger of cyberattacks—even as real terrorist threats developed elsewhere: Richard Clarke’s Legacy of Miscalculation.

With his retirement, Clarke’s career accomplishments should be noted.

In 1986, as a State Department bureaucrat with pull, he came up with a plan to battle terrorism and subvert Muammar Qaddafi by having SR-71s produce sonic booms over Libya. This was to be accompanied by rafts washing onto the sands of Tripoli, the aim of which was to create the illusion of a coming attack. When this nonsense was revealed, it created embarrassment for the Reagan administration and was buried.

In 1998, according to the New Republic, Clarke “played a key role in the Clinton administration’s misguided retaliation for the bombings of the U.S. embassies in Kenya and Tanzania, which targeted bin Laden’s terrorist camps in Afghanistan and a pharmaceutical factory in Sudan.” The pharmaceutical factory was, apparently, just a pharmaceutical factory, and we now know how impressed bin Laden was by cruise missiles that miss.

Trying his hand in cyberspace, Clarke’s most lasting contribution is probably the new corporate exemption in the Freedom of Information Act. Originally designed to immunize companies against the theoretical malicious use of FOIA by competitors, journalists and other so-called miscreants interested in ferreting out cyber-vulnerabilities, it was suggested well before the war on terror as a measure that would increase corporate cooperation with Uncle Sam. Clarke labored and lobbied diligently from the NSC for this amendment to existing law, law which he frequently referred to as an “impediment” to information sharing.

While the exemption would inexplicably not pass during the Clinton administration, Clarke and other like-minded souls kept pushing for it. Finally, the national nervous breakdown that resulted from the collapse of the World Trade Center reframed the exemption as a grand idea, and it was embraced by legislators, who even expanded it to give a get-out-of-FOIA-free card to all of corporate America, not just those involved with the cyber-infrastructure. It passed into law as part of the legislation forming the Department of Homeland Security.

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Last updated: 2023-04-04 11:11 am PDT
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