After months of delay from privacy and civil liberty advocates, the U.S. is now moving forward with its plan to use spy satellites for law-enforcement an domestic security missions.

Sources within the U.S. Department of Homeland Security (DHS), who requested anonymity, told AP that a plan for an office within the DHS to use overhead and mapping imagery from existing satellites is in the final stage of completion. The new program, called the National Applications Office, explicitly states that existing laws prohibiting the government from spying on U.S. citizens would remain in effect, the official said, adding that under no circumstances would the program be used to intercept verbal and written conversations.

The new program largely follows recommendations outlined in a 2005 independent study group headed by Keith Hall, former chief of the National Reconnaissance Office and current vice president of the consulting firm Booz
DHS is currently awaiting approval of the new program from federal executive agencies. However, the program’s future will likely come up for discussion on Wednesday when DHS Secretary Michael Chertoff presents his department’s spending plan on Capitol Hill.

Last year, during a debate over rules governing eavesdropping on phone calls and email communications of terror suspects, top Democrats on the House Homeland Security Committee asked DHS to suspend the program until clear legal framework was in place on how the program would operate

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Government use of these surveillance technologies within the United States is not new. For years domestic agencies such as the Federal Emergency Management Agency (FEMA) and Interior Department have had access to satellite imagery for scientific research, to assist in natural disasters and to map out vulnerabilities during major public events. Requests for these images were made through the Civil Applications Committee, a federal interagency group, since 1974.

Under the new program, these types of uses will continue, but DHS would become the new clearinghouse for the requests, with availability of satellite images expanded to additional agencies in support of homeland security missions. The DHS official said details of how law enforcement agencies could use the satellite images during investigations would be determined once legal and policy questions have been resolved.

Constitutional issues could arise in cases where an agency might request infrared imaging of a home, for example, such as a suspected methamphetamine laboratory. For cases such as these, law enforcement agencies would still be required to go through the normal process of obtaining a warrant and satisfying all the legal requirements. The National Applications Office would also mandate that all laws are observed when using new imaging technology.

Satellite image requests would be receive even more scrutiny than under the Civil Applications Committee, with all requests reviewed by an interagency group that includes Justice Department officials to ensure there are no violations of civil rights and civil liberties.

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