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2013 / Valuing Speech and OSINT in the Face of Judicial Deference 400<br />

anti-Soviet sentiment, as well as other policy factors, prevented this from<br />

occurring.<br />

3. Analyzing publishing patterns<br />

A great deal of OSINT may derive from analysis of so-called “gray”<br />

literature which include trip reports, working papers, discussion papers,<br />

unofficial government documents, proceedings, preprints, research reports,<br />

studies, and market surveys with limited public availability. While the text of<br />

documents contains actionable information, publishing patterns also provide<br />

valuable intelligence. During the Cold War, U.S. intelligence agents tracked<br />

the publication patterns of Soviet scientists. 82 When certain scientists ceased<br />

to publish for extended periods of time, this signaled that they were<br />

sequestered to work on new technologies. 83 The known specialties of these<br />

scientists helped inform the actions of covert intelligence agents, who could<br />

be directed to investigate a possible Soviet break through. 84<br />

C. Modern Datamining, Webmining, and OSINT: Terrorism Informatics<br />

While OSINT has traditionally relied on human driven intelligence,<br />

modern datamining and webmining techniques create the possibility for<br />

automaticity and quantitative-based investigations. These novel techniques<br />

have been employed in numerous ways by the intelligence community to<br />

create actionable information reports relating to the war on terror. This<br />

Section outlines several of these promising methods, including: deep web<br />

analysis, automated content analysis of jihadi recruitment videos, semantic<br />

analysis of language used in jihadi forums, social network analysis, and<br />

terrorist detection using web browsing pattern analysis.<br />

Deep Web Analysis. Terrorist entities frequently make use of websites<br />

that are beyond the reach of search engines—the so-called “Deep Web.” 85<br />

the billions of dollars in U.S. support for the Afghan mujahadin during the war to expel<br />

Soviet forces from that country.”).<br />

82 See Amy Sands, Integrating Open Sources into Transnational Threat Assessments, in<br />

TRANSFORMING U.S. INTELLIGENCE 63, 67–68 (Jennifer E. Sims & Burton Gerber eds.,<br />

2005).<br />

83 Id.<br />

84 Id.<br />

85 Mohit Kumar, What is the Deep Web? A First Trip Into the Abyss, HACKER NEWS, May 30,<br />

2012, http://thehackernews.com/2012/05/what-is-deep-web-first-trip-into-abyss.html.

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