Thursday, July 22, 2010

Supreme Court Effectively Invalidates Hundreds of National Labor Relations Board Decisions

Another fine state of affairs created by the inaction and political games by our friends in Washington:

Supreme Court Effectively Invalidates Hundreds of National Labor Relations Board Decisions - A K&L Gates Labor and Employment Alert

by Michael J. Schrier, Mark S. Filipini

July 2, 2010

In an opinion that effectively invalidates more than two years worth of National Labor Relations Board ("NLRB" or "Board") decisions, the United States Supreme Court held recently that the NLRB lacked authority to issue decisions in unfair labor practice and representation cases when it was composed of fewer than three members between January 2008 and March 2010.


By law, the NLRB should have a complement of five members, with the longstanding practice that the President appoints three members of his own party and two members from the opposition. Like many senior administrative positions, NLRB members are subject to confirmation by the Senate. While the political nature of the appointment process has historically resulted in temporary vacancies from time to time, the NLRB recently endured an unprecedented twenty-seven month stretch with three vacancies starting in January 2008. The two remaining members, now-Chairman Wilma Liebman (a Democrat) and Member Peter Schaumber (a Republican), attempted to carry on the Board's business by issuing decisions where both could agree on the outcome. Despite their philosophical differences and their purposeful avoidance of issues they perceived as controversial or novel, Liebman and Schaumber managed to issue 595 decisions before President Obama made two recess appointments effective in April 2010 to temporarily bring Board membership back up to four, and a further appointment in June 2010 to bring the Board membership up to five.


In New Process Steel, LP v. NLRB, No. 08-1457 (June 17, 2010), the Supreme Court ruled that it was contrary to the agency's governing statute for the NLRB to issue any decisions when it had fewer than three members. This ruling has short and long term consequences for employers. The immediate impact of this decision will be felt in pending appeals involving cases decided by the two-person Board - five before the Supreme Court and 90 before the various federal Courts of Appeals. On July 1, 2010, the Board announced its intention to seek a remand in each of these appellate cases for further consideration by a three member panel of the Board.


At this point, it is unclear how the Supreme Court’s decision will directly impact the roughly 500 other NLRB decisions issued by Liebman and Schaumber. The five-member Board may decide to quickly reissue some or all of the decisions, assuming that one or more of the recess appointees agree with the holdings. More likely, the Board may address the issue if and when prior litigants raise it. Because the parties to any particular dispute may have settled, complied with the Board rulings or otherwise moved on, this approach could help reduce the impact on the Board. Moreover, as a practical matter, it may not make sense for employers to seek to reopen a case based on the Supreme Court’s decision, as the Board is now more likely to side with labor in any dispute. However, the tactical calculus could be different for an employer deferred back to an administrative law judge by the two-member Board for further proceedings. The bottom line is that employers affected by any of the two-member rulings should engage in a careful analysis of the facts and legal issues in their particular case(s) to sort through the issues and opportunities raised by New Process Steel.


In terms of the potential long term consequences, employers should assume for now that the Supreme Court has likely eliminated all precedential value in the 595 two-member NLRB decisions issued by Liebman and Schaumber. More importantly, in light of the frequent difficulties with the political appointment and confirmation process, it is possible that the NLRB could again become temporarily incapable of issuing new opinions due to a lack of members in the future based on the New Process Steel decision.


Contacts:
Michael J. Schrier, +1.202.778.9249, michael.schrier@klgates.com
Mark S. Filipini, +1.206.370.8111, mark.filipini@klgates.com

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.

K&L Gates is comprised of multiple affiliated entities: a limited liability partnership with the full name K&L Gates LLP qualified in Delaware and maintaining offices throughout the United States, in Berlin and Frankfurt, Germany, in Beijing (K&L Gates LLP Beijing Representative Office), in Dubai, U.A.E., in Shanghai (K&L Gates LLP Shanghai Representative Office), in Tokyo, and in Singapore; a limited liability partnership (also named K&L Gates LLP) incorporated in England and maintaining offices in London and Paris; a Taiwan general partnership (K&L Gates) maintaining an office in Taipei; a Hong Kong general partnership (K&L Gates, Solicitors) maintaining an office in Hong Kong; a Polish limited partnership (K&L Gates Jamka sp. k.) maintaining an office in Warsaw; and a Delaware limited liability company (K&L Gates Holdings, LLC) maintaining an office in Moscow. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners or members in each entity is available for inspection at any K&L Gates office.

Thursday, July 15, 2010

What In The World Am I Looking For?

In this follow up to last week's article on Situational Awareness we get the answer to "What in the world am I looking for?"

Watching for Watchers
June 17, 2010 0855 GMT
By Scott Stewart


In last week’s Security Weekly we discussed how situational awareness is a mindset that can — and should — be practiced by everyone. We also described the different levels of situational awareness and discussed which level is appropriate for different sorts of situations. And we noted how all criminals and terrorists follow a process when planning their acts and that this process is visible at certain times to people who are watching for such behavior.

When one considers these facts, it inevitably leads to the question: “What in the world am I looking for?” The brief answer is: “warning signs of criminal or terrorist behavior.” Since this brief answer is very vague, it becomes necessary to describe the behavior in more detail.


Surveillance

It is important to make one fundamental point clear up front. The operational behavior that most commonly exposes a person planning a criminal or terrorist act to scrutiny by the intended target is surveillance. Other portions of the planning process can be conducted elsewhere, especially in the age of the Internet, when so much information is available online. From an operational standpoint, however, there simply is no substitute for having eyes on the potential target. In military terms, surveillance is often called reconnaissance, and in a criminal context it is often referred to as casing or scoping out. Environmental activist and animal rights groups trained by the Ruckus Society refer to it as “scouting.” No matter what terminology is being used for the activity, it is meant to accomplish the same objective: assessing a potential target for value, vulnerabilities and potential security measures. Surveillance is required so that criminals can conduct a cost-benefit analysis.

The amount of time devoted to the criminal surveillance process will vary, depending on the type of crime and the type of criminal involved. A criminal who operates like an ambush predator, such as a purse-snatcher, may lie in wait for a suitable target to come within striking distance. This is akin to a crocodile lying in a watering hole waiting for an animal to come and get a drink. The criminal will have only a few seconds to size up the potential target and conduct the cost-benefit calculation before formulating his plan, getting ready and striking.

On the other extreme are the criminals who behave more like stalking predators. Such a criminal is like a lion on the savannah that carefully looks over the herd and selects a vulnerable animal believed to be the easiest to take down. A criminal who operates like a stalking predator, such as a kidnapper or terrorist, may select a suitable target and then take days or even weeks to follow the target, assess its vulnerabilities and determine if the potential take is worth the risk. Normally, stalking criminals will prey only on targets they feel are vulnerable and can be successfully hit, although they will occasionally take bigger risks on high-value targets.

Of course, there are many other criminals who fall somewhere in the middle, and they may take anywhere from a few minute to several hours to watch a potential target. Regardless of the time spent observing the target, all criminals will conduct this surveillance and they are vulnerable to detection during this time.

Given that surveillance is so widely practiced, it is quite amazing to consider that, in general, criminals and terrorists are terrible at conducting surveillance. There are some exceptions, such as the relatively sophisticated surveillance performed by Greenpeace and some of the other groups trained by the Ruckus Society, or the low-key and highly detailed surveillance performed by some high-end art and jewelry thieves, but such surveillance is the exception rather than the rule.

The term “tradecraft” is an espionage term that refers to techniques and procedures used in the field, but term also implies quite a bit of finesse in the practice of these techniques. Tradecraft, then, is really more of an art rather than a science, and surveillance tradecraft is no exception. Like playing the violin or fencing with a foil, it takes time and practice to become a skilled surveillance practitioner. Most individuals involved in criminal and terrorist activity simply do not devote the time necessary to master this skill. Because of this, they have terrible technique, use sloppy procedures and lack finesse when they are watching people.

Although everybody planning a criminal or terrorist attack conducts preoperational surveillance, that does not necessarily mean they are good at it. The simple truth is that these individuals are able to get by with such a poor level of surveillance tradecraft because most victims simply are not looking for them. And this is where we tie the discussion back into last week’s Security Weekly. Most people do not practice situational awareness. For those who do, the poor surveillance tradecraft exhibited by criminals is good news. It gives them time to avoid an immediate threat and contact the authorities.

Demeanor Is the Key


The behavior a person needs to outwardly display in order to master the art of surveillance tradecraft is called good demeanor. Good demeanor is not intuitive. In fact, the things one has to do to maintain good demeanor frequently run counter to human nature. Because of this, intelligence and security professionals who work surveillance operations receive extensive training that includes many hours of heavily critiqued practical exercises, often followed by field training with a team of experienced surveillance professionals. This training teaches and reinforces good demeanor. Criminals and terrorists do not receive this type of training and, as a result, bad surveillance tradecraft has long proved to be an Achilles’ heel for terrorist and criminal organizations.

Surveillance is an unnatural activity, and a person doing it must deal with strong feelings of self-consciousness and of being out of place. People conducting surveillance frequently suffer from what is called “burn syndrome,” the erroneous belief that the people they are watching have spotted them. Feeling “burned” will cause surveillants to do unnatural things, such as suddenly ducking back into a doorway or turning around abruptly when they unexpectedly come face to face with the target. People inexperienced in the art of surveillance find it difficult to control this natural reaction. Even experienced surveillance operatives occasionally have the feeling of being burned; the difference is they have received a lot of training and they are better able to control their reaction and work through it. They are able to maintain a normal looking demeanor while their insides are screaming that the person they are surveilling has seen them.

In addition to doing something unnatural or stupid when feeling burned, another very common mistake made by amateurs when conducting surveillance is the failure to get into proper “character” for the job or, when in character, appearing in places or carrying out activities that are incongruent with the character’s “costume.” The terms used to describe these role-playing aspects of surveillance are “cover for status” and “cover for action.” Cover for status is a person’s purported identity — his costume. A person can pretend to be a student, a businessman, a repairman, etc. Cover for action explains why the person is doing what he or she is doing — why that guy has been standing on that street corner for half an hour.

The purpose of using good cover for action and cover for status is to make the presence of the person conducting the surveillance look routine and normal. When done right, the surveillance operative fits in with the mental snapshot subconsciously taken by the target as the target goes about his or her business. Inexperienced people who conduct surveillance frequently do not use good cover for action or cover for status, and they can be easily detected.

An example of bad cover for status would be someone dressed as “a businessman” walking in the woods or at the beach. An example of bad cover for action is someone pretending to be sitting at a bus stop who remains at that bus stop even when several buses have passed. But mostly, malefactors conducting surveillance practice little or no cover for action or cover for status. They just lurk and look totally out of place. There is no apparent reason for them to be where they are and doing what they are doing.

In addition to “plain old lurking,” other giveaways include a person moving when the target moves, communicating when the target moves, avoiding eye contact with the target, making sudden turns or stops, or even using hand signals to communicate with other members of a surveillance team or criminal gang. Surveillants also can tip off the person they are watching by entering or leaving a building immediately after the person they are watching or simply by running in street clothes. Sometimes, people who are experiencing the burn syndrome exhibit almost imperceptible behaviors that the target can sense more than observe. It may not be something that can be articulated, but the target just gets the gut feeling that there is something wrong or odd about the way a certain person behaves. Innocent bystanders who are not watching someone usually do not exhibit this behavior or trigger these feelings.

The U.S. government often uses the acronym “TEDD” to illustrate the principles that can be used to identify surveillance conducted by counterintelligence agencies, but these same principles also can be used to identify criminal and terrorist surveillance. TEDD stands for time, environment, distance and demeanor. In other words, if a person sees someone repeatedly over time, in different environments and over distance, or someone who displays poor surveillance demeanor, then that person can assume he or she is under surveillance. If a person is being specifically targeted for a planned attack, he or she might be exposed to the time, environment and distance elements of TEDD, but if the subway car the person is riding in or the building where the person works is the target, he or she might only have the demeanor of the attacker to key on because the attacker will not be seen by the observer over time and distance or in different environments. Time, environment and distance are also not applicable in cases involving criminals who behave like ambush predators. Therefore, when we are talking about criminal surveillance, demeanor is the most critical of the four elements. Demeanor will also often work in tandem with the other elements, and poor demeanor will often help the target spot the surveillant at different times and places.

In a situation where a building or subway car is targeted for an attack rather than a specific person, there are still a number of
demeanor indicators that can be observed just prior to the attack. Such indicators include people wearing unseasonable clothing in warm weather (such as trench coats); people with odd bulges under their clothing or wires sticking out from their clothing; people who are sweating profusely, mumbling or fidgeting; people who appear to be attempting to avoid security personnel; and people who simply appear to be out of place. According to many reports, suicide attackers will often exhibit an intense stare as they approach the final stage of their attack plan. While not every person exhibiting such behavior is a suicide bomber or shooter, avoiding such a person rarely has much of a downside.

One technique that can be helpful in looking for people conducting long-term surveillance is to identify places that provide optimal visibility of a critical place the surveillant would want to watch (for example, the front door of a potential target’s residence or office). These optimal observation points are often referred to as “perches” in surveillance jargon. Perches can then be watched for signs of hostile surveillance like people who don’t belong there, people making demeanor mistakes, etc.

This principle can also be extended to critical points along frequently and predictably traveled routes. Potential targets can conduct simple pattern and route analyses to determine where along the route they are most predictable and vulnerable. Route analysis looks for vulnerabilities, or choke points, on a particular route of travel. Choke points have two main characteristics: They are places where the potential target must travel and where rapid forward motion is difficult (such as sharp, blind curves). When a choke point provides a place where hostiles can wait with impunity for their victims and have access to a rapid escape route, the choke point becomes a potential attack site. These characteristics are found in attack sites used by highly professional kidnap/assassination teams and by criminal “ambush predators” such as carjackers. While the ideal tactic is to vary routes and times to avoid predictable locations, this is also difficult and disruptive and is warranted only when the threat is high. A more practical alternative is for potential targets to raise their situational awareness a notch as they travel through such areas at predictable times in order to be on the alert for potential hostile surveillance or signs of an impending attack.

The fact that operatives conducting surveillance over an extended period of time can change their clothing and wear hats, wigs or other light disguises — and use different vehicles or license plates — also demonstrates why watching for mistakes in demeanor is critical. Of course, the use of disguises is also an indicator that the surveillants are more advanced and therefore potentially more dangerous. Because of a surveillant’s ability to make superficial changes in appearance, it is important to focus on the things that cannot be changed as easily as clothing or hair, such as a person’s facial features, build, mannerisms and gait. Additionally, while a surveillant can change the license plate on a car, it is not as easy to alter other aspects of the vehicle such as body damage (scratches and dents). Paying attention to small details can produce significant results over time.

As we noted last week — and it is worth repeating here — paying attention to details and practicing situational awareness does not mean being paranoid or obsessively concerned about security. When people live in a state of paranoia, looking for a criminal behind every bush, they become mentally and physically exhausted. Not only is this dangerous to one’s physical and mental health, but security also suffers because it is very hard to be aware of your surroundings when you are exhausted. Therefore, while it is important to watch for the watchers, watching should not involve feelings of fear or paranoia. Knowing what is occurring in the world around them empowers people and gives them a sense of security and well-being, allowing them to spot the good things in life as well as the potential dangers.

This report is republished with permission of STRATFOR.

STRATFOR delivers critical intelligence and perspective through:
Situation Reports: Snapshots of global breaking news
Analysis: Daily reports that assess key world events and their significance
Quarterly & Annual Forecasts: Rigorous predictions of what will happen next
Multimedia: Engaging videos and information-rich interactive maps
Intelligence Guidance: Internal memos that guide STRATFOR staff in their intelligence-gathering operations in the immediate days ahead
STRATFOR’s chief executive officer,
Dr. George Friedman, is a widely recognized international affairs expert and author of numerous books, including The Next 100 Years (Doubleday, 2009), America’s Secret War (Doubleday, 2005), and The Future of War (Crown, 1996).
STRATFOR members include individuals, FORTUNE 100 corporations, government agencies and other organizations around the world. For more info go to www.stratfor.com.

Thursday, July 8, 2010

Why Understanding Situational Awareness Is Important To Your Employees And Family

This recent article from Stratfor is instructive on increasing your situational awareness which is critical to your personal safety and our National Security. Please ask your employees and family members to read it and pass it on.

A Primer on Situational Awareness
June 10, 2010 0856 GMT
By Scott Stewart


The world is a wonderful place, but it can also be a dangerous one. In almost every corner of the globe militants of some political persuasion are plotting terror attacks — and these attacks can happen in London or New York, not just in Peshawar or Baghdad. Meanwhile, criminals operate wherever there are people, seeking to steal, rape, kidnap,
or kill.
Regardless of the threat, it is very important to recognize that criminal and terrorist attacks do not materialize out of thin air. In fact, quite the opposite is true. Criminals and terrorists follow a process when planning their actions, and this process has several distinct steps. This process has traditionally been referred to as the "terrorist attack cycle", but if one looks at the issue thoughtfully, it becomes apparent that the same steps apply to nearly all crimes. Of course, there will be more time between steps in a complex crime like a kidnapping or car bombing than there will be between steps in a simple crime such as purse-snatching or shoplifting, where the steps can be completed quite rapidly. Nevertheless, the same steps are usually followed.


People who practice situational awareness can often spot this planning process as it unfolds and then take appropriate steps to avoid the dangerous situation or prevent it from happening altogether. Because of this, situational awareness is one of the key building blocks of effective personal security — and when exercised by large numbers of people, it can also be an important facet of national security. Since situational awareness is so important, and because we discuss situational awareness so frequently in our analyses, we thought it would be helpful to discuss the subject in detail and provide a primer that can be used by people in all sorts of situations.


Foundations


First and foremost, it needs to be noted that being aware of one’s surroundings and identifying potential threats and dangerous situations is more of a mindset
than a hard skill. Because of this, situational awareness is not something that can be practiced only by highly trained government agents or specialized corporate security countersurveillance teams. Indeed, it can be exercised by anyone with the will and the discipline to do so.

An important element of the proper mindset is to first recognize that threats exist. Ignorance or denial of a threat — or completely tuning out one’s surroundings while in a public place — makes a person’s chances of quickly recognizing the threat and avoiding it slim to none. This is why apathy, denial and complacency can be (and often are) deadly. A second important element is understanding the need to take responsibility for one’s own security. The resources of any government are finite and the authorities simply cannot be everywhere and cannot stop every criminal action. The same principle applies to private security at businesses or other institutions, like places of worship. Therefore, people need to look out for themselves and their neighbors.

Another important facet of this mindset is learning to trust your “gut” or intuition. Many times a person’s subconscious can notice subtle signs of danger that the conscious mind has difficulty quantifying or articulating. Many people who are victimized frequently experience such feelings of danger prior to an incident, but choose to ignore them. Even a potentially threatening person not making an immediate move — or even if the person wanders off quickly after a moment of eye contact — does not mean there was no threat.


Levels of Awareness

People typically operate on five distinct levels of awareness. There are many ways to describe these levels (“Cooper’s colors,” for example, which is a system frequently used in law enforcement and military training), but perhaps the most effective way to illustrate the differences between the levels is to compare them to the different degrees of attention we practice while driving. For our purposes here we will refer to the five levels as “tuned out;” “relaxed awareness;” “focused awareness;” “high alert” and “comatose.”

The first level, tuned out, is like when you are driving in a very familiar environment or are engrossed in thought, a daydream, a song on the radio or even by the kids fighting in the backseat. Increasingly, cell phone calls and texting are also causing people to tune out while they drive. Have you ever gotten into the car and arrived somewhere without even really thinking about your drive there? If so, then you’ve experienced being tuned out.

The second level of awareness, relaxed awareness, is like defensive driving. This is a state in which you are relaxed but you are also watching the other cars on the road and are looking well ahead for potential road hazards. If another driver looks like he may not stop at the intersection ahead, you tap your brakes to slow your car in case he does not. Defensive driving does not make you weary, and you can drive this way for a long time if you have the discipline to keep yourself at this level, but it is very easy to slip into tuned-out mode. If you are practicing defensive driving you can still enjoy the trip, look at the scenery and listen to the radio, but you cannot allow yourself to get so engrossed in those distractions that they exclude everything else. You are relaxed and enjoying your drive, but you are still watching for road hazards, maintaining a safe following distance and keeping an eye on the behavior of the drivers around you.

The next level of awareness, focused awareness, is like driving in hazardous road conditions. You need to practice this level of awareness when you are driving on icy or slushy roads — or the roads infested with potholes and erratic drivers that exist in many third-world countries. When you are driving in such an environment, you need to keep two hands on the wheel at all times and have your attention totally focused on the road and the other drivers. You don’t dare take your eyes off the road or let your attention wander. There is no time for cell phone calls or other distractions. The level of concentration required for this type of driving makes it extremely tiring and stressful. A drive that you normally would not think twice about will totally exhaust you under these conditions because it demands your prolonged and total concentration.

The fourth level of awareness is high alert. This is the level that induces an adrenaline rush, a prayer and a gasp for air all at the same time — “Watch out! There’s a deer in the road! Hit the brakes!” This also happens when that car you are watching doesn’t stop at the stop sign and pulls out right in front of you. High alert can be scary, but at this level you are still able to function. You can hit your brakes and keep your car under control. In fact, the adrenalin rush you get at this stage can sometimes even aid your reflexes. But, the human body can tolerate only short periods of high alert before becoming physically and mentally exhausted.

The last level of awareness, comatose, is what happens when you literally freeze at the wheel and cannot respond to stimuli, either because you have fallen asleep, or, at the other end of the spectrum, because you are petrified from panic. It is this panic-induced paralysis that concerns us most in relation to situational awareness. The comatose level of awareness (or perhaps more accurately, lack of awareness) is where you go into shock, your brain ceases to process information and you simply cannot react to the reality of the situation. Many times when this happens, a person can go into denial, believing that “this can’t be happening to me,” or the person can feel as though he or she is observing, rather than actually participating in, the event. Often, the passage of time will seem to grind to a halt. Crime victims frequently report experiencing this sensation and being unable to act during an unfolding crime.

Finding the Right Level

Now that we’ve discussed the different levels of awareness, let’s focus on identifying what level is ideal at a given time. The body and mind both require rest, so we have to spend several hours each day at the comatose level while asleep. When we are sitting at our homes watching a movie or reading a book, it is perfectly fine to operate in the tuned-out mode. However, some people will attempt to maintain the tuned-out mode in decidedly inappropriate environments (e.g., when they are out on the street at night in a third-world barrio), or they will maintain a mindset wherein they deny that they can be victimized by criminals. “That couldn’t happen to me, so there’s no need to watch for it.” They are tuned out.

Some people are so tuned out as they go through life that they miss even blatant signs of pending criminal activity directed specifically at them. In 1992, an American executive living in the Philippines was kidnapped by a Marxist kidnapping gang in Manila known as the “Red Scorpion Group.” When the man was debriefed following his rescue, he described in detail how the kidnappers had blocked off his car in traffic and abducted him. Then, to the surprise of the debriefing team, he said that on the day before he was abducted, the same group of guys had attempted to kidnap him at the exact same location, at the very same time of day and driving the same vehicle. The attackers had failed to adequately box his car in, however, and his driver was able to pull around the blocking vehicle and proceed to the office.

Since the executive did not consider himself to be a kidnapping target, he had just assumed that the incident the day before his abduction was “just another close call in crazy Manila traffic.” The executive and his driver had both been tuned out. Unfortunately, the executive paid for this lack of situational awareness by having to withstand an extremely traumatic kidnapping, which included almost being killed in the dramatic Philippine National Police operation that rescued him.

If you are tuned out while you are driving and something happens — say, a child runs out into the road or a car stops quickly in front of you — you will not see the problem coming. This usually means that you either do not see the hazard in time to avoid it and you hit it, or you totally panic and cannot react to it — neither is good. These reactions (or lack of reaction) occur because it is very difficult to change mental states quickly, especially when the adjustment requires moving several steps, say, from tuned out to high alert. It is like trying to shift your car directly from first gear into fifth and it shudders and stalls. Many times, when people are forced to make this mental jump and they panic (and stall), they go into shock and will actually freeze and be unable to take any action — they go comatose. This happens not only when driving but also when a criminal catches someone totally unaware and unprepared. While training does help people move up and down the alertness continuum, it is difficult for even highly trained individuals to transition from tuned out to high alert. This is why police officers, federal agents and military personnel receive so much training on situational awareness.

It is critical to stress here that situational awareness does not mean being paranoid or obsessively concerned about your security. It does not mean living with the irrational expectation that there is a dangerous criminal lurking behind every bush. In fact, people simply cannot operate in a state of focused awareness for extended periods, and high alert can be maintained only for very brief periods before exhaustion sets in. The “flight or fight” response can be very helpful if it can be controlled. When it gets out of control, however, a constant stream of adrenaline and stress is simply not healthy for the body or the mind. When people are constantly paranoid, they become mentally and physically burned out. Not only is this dangerous to physical and mental health, but security also suffers because it is very hard to be aware of your surroundings when you are a complete basket case. Therefore, operating constantly in a state of high alert is not the answer, nor is operating for prolonged periods in a state of focused alert, which can also be overly demanding and completely enervating. This is the process that results in alert fatigue. The human body was simply not designed to operate under constant stress. People (even highly skilled operators) require time to rest and recover.

Because of this, the basic level of situational awareness that should be practiced most of the time is relaxed awareness, a state of mind that can be maintained indefinitely without all the stress and fatigue associated with focused awareness or high alert. Relaxed awareness is not tiring, and it allows you to enjoy life while rewarding you with an effective level of personal security. When you are in an area where there is potential danger (which, by definition, is almost anywhere), you should go through most of your day in a state of relaxed awareness. Then if you spot something out of the ordinary that could be a potential threat, you can “dial yourself up” to a state of focused awareness and take a careful look at that potential threat (and also look for others in the area).
If the potential threat proves innocuous, or is simply a false alarm, you can dial yourself back down into relaxed awareness and continue on your merry way. If, on the other hand, you look and determine that the potential threat is a probable threat, seeing it in advance allows you to take actions to avoid it. You may never need to elevate to high alert, since you have avoided the problem at an early stage. However, once you are in a state of focused awareness you are far better prepared to handle the jump to high alert if the threat does change from potential to actual — if the three guys lurking on the corner do start coming toward you and look as if they are reaching for weapons. The chances of you going comatose are far less if you jump from focused awareness to high alert than if you are caught by surprise and “forced” to go into high alert from tuned out. An illustration of this would be the difference between a car making a sudden stop in front of a person when the driver is practicing defensive driving, compared to a car that makes a sudden stop in front of a person when the driver is sending a text message.

Of course, if you know that you must go into an area that is very dangerous, you should dial yourself up to focused awareness when you are in that area. For example, if there is a specific section of highway where a lot of improvised explosive devices detonate and ambushes occur, or if there is a part of a city that is controlled (and patrolled) by criminal gangs — and you cannot avoid these danger areas for whatever reason — it would be prudent to heighten your level of awareness when you are in those areas. An increased level of awareness is also prudent when engaging in common or everyday tasks, such as visiting an ATM or walking to the car in a dark parking lot. The seemingly trivial nature of these common tasks can make it all too easy to go on “autopilot” and thus expose yourself to threats. When the time of potential danger has passed, you can then go back to a state of relaxed awareness.

This process also demonstrates the importance of being familiar with your environment and the dangers that are present there. Such awareness allows you to avoid many threats and to be on the alert when you must venture into a dangerous area.

Clearly, few of us are living in the type of intense threat environment currently found in places like Mogadishu, Juarez or Kandahar. Nonetheless, average citizens all over the world face many different kinds of threats on a daily basis — from common thieves and assailants to criminals and mentally disturbed individuals aiming to conduct violent acts to militants wanting to carry out large-scale attacks against subways and aircraft.

Many of the steps required to conduct these attacks must be accomplished in a manner that makes the actions visible to the potential victim and outside observers. It is at these junctures that people practicing situational awareness can detect these attack steps, avoid the danger and alert the authorities. When people practice situational awareness they not only can keep themselves safer but they can also help keep others safe. And when groups of people practice situational awareness together they can help keep their schools, houses of worship, workplaces and cities safe from danger.

And as we’ve discussed many times before, as the
terrorist threat continues to devolve into one almost as diffuse as the criminal threat, ordinary citizens are also becoming an increasingly important national security resource.

This report is republished with permission of STRATFOR.
STRATFOR delivers critical intelligence and perspective through:
Situation Reports: Snapshots of global breaking news
Analysis: Daily reports that assess key world events and their significance
Quarterly & Annual Forecasts: Rigorous predictions of what will happen next
Multimedia: Engaging videos and information-rich interactive maps
Intelligence Guidance: Internal memos that guide STRATFOR staff in their intelligence-gathering operations in the immediate days ahead
STRATFOR’s chief executive officer,
Dr. George Friedman, is a widely recognized international affairs expert and author of numerous books, including The Next 100 Years (Doubleday, 2009), America’s Secret War (Doubleday, 2005), and The Future of War (Crown, 1996).
STRATFOR members include individuals, FORTUNE 100 corporations, government agencies and other organizations around the world. For more info go to www.stratfor.com.