Posted: February 4, 2019
Category: NATIONAL HEADLINES
In October 2007, President George W. Bush issued a National Strategy for Information Sharing concerning terrorism-related information. The Strategy created fusion centers that would ensure Suspicious Activity Reports (SARs) were disseminated to and evaluated by appropriate government authorities, and identify requirements to support a unified process for reporting, tracking, and accessing SARs. The nationwide effort to standardize this information sharing was called the Nationwide Suspicious Activity Reporting Initiative.
Private guards prevented Prigoff, a professional photographer, from taking photographs of a work of public art near Boston, an incident that resulted in the creation of multiple SARs. The FBI then visited Prigoff’s home and questioned a neighbor about him.
The Functional Standard is similar to the Food & Drug Administration’s policy guide at issue in Professionals and Patients for Customized Care. The FDA promulgated a policy utilizing nine factors to help the agency determine whether to initiate an enforcement action against a pharmacy engaged in drug manufacturing.
“The Fifth Circuit noted that although the nine factors assisted the FDA in identifying pharmacies engaged in the manufacture of drugs, the ultimate decision whether to bring an enforcement action remained with the agency. Likewise, the Functional Standard aids agencies in determining whether an individual is engaged in suspicious activity, but the final decision to disseminate an SAR rests in the analyst’s discretion.
“Tips and leads required only ‘mere suspicion,’ a lower standard than the reasonable suspicion required for criminal intelligence data,” U.S. Circuit Judge Milan Smith said.