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Lawyer: FBI singling out Chinese-Americans with an insider-threat program

(AP)

The FBI has singled out Chinese-Americans, as part of a controversial insider threat reduction program, which was trying to flag alleged efforts to manipulate, lie detector tests, according to a leading national security defense attorney.

“The government is responding with this proposal is to determine the hammer instead of laser precision, who would be an insider threat that is very difficult to predict,” said Mark Zaid, who has several clients with ongoing legal disputes, against the intelligence services including the FBI. “You have to sacrifice tons, dozens and dozens of Americans, but nothing to do, their jobs, and the FBI is one of the worst to do this.”

Zaid argued the program to mark potentially innocent people based on a questionable standard trusted.

One of the Zaid customer -who asked not to be explained, identified, for fear of further reprisals, how it works. The Builder said, in your case, a controller, allegedly, during a routine polygraph, the FBI employee had used “countermeasures” to have effects on the accuracy of the test.

The National center for Biotechology information describes the “counter-measures”, such as changes in behavior designed to manipulations of the test results. They include the use of “physical countermeasures (biting the tongue or pressing the toes to the floor) or a mental countermeasure (counting backward by 7), among other things.”

Tom Mauriello, adjunct lecturer and laboratory instructor for the Department of criminology and criminal justice at the University of Maryland, said that “no one in the polygraph community has really agrees on a specific definition, but I would say, a counter-measure (CM) is the deliberate manipulation of the polygraph is the subject of the physiology that distort the topic with the Express intention of their reactions.”

Agencies have sought to characterize the use of “counter-measures” in the midst of the fear of an insider threat from China, in the Wake of high-profile breaches, including the compromise of more than 21 million records to the Office of Personnel Management.

Mauriello said, the biggest concern is the security-clearance applicant intentionally trying to beat the test in order to have access to sensitive and classified information for the purpose of espionage, etcetera. This is not the person that is trying the process of identifying, overly-nervous person who is just trying to pass the test.”

But critics suspect that ordinary workers are getting caught in the process. Zaid said an employee of the government is accused of counter-measures, it is difficult to prove a negative.

“The device does is measure your breathing, heart rate, galvanic sweat response. And it is the determination, based on if you are telling the truth or not,” he said. “And it is the determination, told her the truth, depending on where it falls in your physiological response.”

Mauriello said, there is room for confusion. “It is my opinion that if a subject is told that they will not pass your polygraph test, to attempt, to try, to help themselves is the designation, how to use counter-measures, instead of just trying to to pass the test,” he said.

Asked whether the tool is open for abuse, Mauriello said, “I think that there is any deliberate abuse of anyone in the polygraph community, in respect of this matter. Try using the polygraph effectively for what it is, only an ” investigative tool.’ I think it is a lack of collective understanding and definition of what a measure is and, perhaps, overzealous auditors in search of something that is not there.”

After the use of countermeasures accused of Federal employees, spoke with Fox News, said that unpaid leave — and with a suspended sentence distance, could not try other work in the national security sector. Both Zaid and the staff said there is no timeline, if an appeal should be resolved. In the individual case, the first level of review, which lasted more than a year.

“You do not see the leadership within the agencies or on the hill, take a look at this. Fortunately, there are still a small number of cases,” Zaid said. “You are on unpaid leave for two or three years. There is no voice for these people. If you consider something that works but utter disappointment and sadness and pathetic feelings, such as our system.”

Polygraphs are given every five years to the most safety-distance holder. As a way to reduce the risk, some employees are polygraphed on a more frequent basis due to factors such as birth outside of the United States, foreign-born parents, frequent travel to overseas and / or financial difficulties.

Fox News was told that about 18 months ago, the FBI changed the procedure, and the defendants counter-measures, the opportunity was given, at least one more lie detector. If their elimination was suspended, and you were on unpaid leave, it was decided on a case-to-case basis.

Fox News asked the FBI for comment on the allegation that the review process was slow, and the use of counter-measures is too subjective. Fox News, the Bureau asked if there is publicly available data, to test whether Asian Americans are singled out to be wrong.

The FBI did not provide information, the claim could not be tested. An FBI spokesman told Fox News in a statement: “All employees undergo a periodic reinvestigation to determine whether a person continue to have access to classified information is clearly consistent with national security. The polygraph examination supplemented, the used tools of the FBI security process as one of many plant, when collecting information through the survey for the access eligibility requirements. Such provisions are not exclusively the result of a polygraph examination.”

With his client now in the second year of unpaid leave, Zaid said, the Problem appears much bigger. “As much as we should be to see to the protection of these ethnic groups, the said discrimination,” Zaid: “once you start, you need to, you have to have your eyebrows raise and ask “are we racially profiling these people’?”

Catherine Herridge is an award-winning chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, DC she covers intelligence, the justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as the London correspondent.

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